HomeMy WebLinkAboutPC_2003-07-15_AgendaPacketCITY OFATASCADERO
PLANNING COMMISSION AGENDA
Regular Meeting
July 15, 2003 — 7:00 P.M.
City of Atascadero
6500 Palma Ave. — 4t" 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 JUNE 17, 2003.
2. FINAL MAP 2002-0029 (PARCEL MAP AT 00-034),9090 LA CANADA
(TPM 2000-0009) DULITZ.
Staff Recommends the Planning Commission accept Final Parcel Map 2002-0029
(Parcel Map AT 00-034).
COMMUNITY DEVELOPMENT STAFF REPORTS
3. TREE REMOVAL PERMIT 2003-0038: 5320 TRAFFIC WAY
Request to remove two (2) native oak trees in excess of 24 "dbh, in conjunction with the
development of a new single-family home located at 5320 Traffic Way. (APN29-061-045)
Staff recommends:
The Planning Commission adopt Resolution PC 2003-0065 to approve the request to
remove 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).)
4. ZONE CHANGE 2002-0035, CONDITIONAL USE PERMIT 2002-0082,
TENTATIVE TRACT MAP 2002-0026
Applicant:
Midland Pacific, 6955 El Camino Real, Suite 200, Atascadero, CA 93422; Phone: 805/466-5100
Project Title:
The Colony at Apple Valley - Zone Change 2002-0035, Conditional Use Permit 2002-0082, Tentative
Tract Map 2002-0026 for a 70 -lot single-family residential subdivision.
Project Location:
Del Rio Road, Lot 15, 16, 17, 21 and a portion of Lot 20 Block 23 Atascadero, CA 93422
(San Luis Obispo County) APN 049-191-002, 026, 027, 028, 030.
Project
The proposed project consists of an application for a Planned Development Overlay Zone, Conditional
Description:
Use Permit, and Tentative Tract Map. The proposed project consists of a 70 -lot single-family
residential subdivision with a 5.50 -acre park and 2.39 acres of open space on a 28 -acre site located
between Del Rio Road and Conejo Road, one block West of U.S. Highway 101. The project will
include 56 lots of approximately 8000 square feet and 14 lots of approximately 5,000 square feet. The
project includes a request to remove 62 native trees.
General Plan Designation: Single Family Residential
Zoning District: Residential Single Family
Proposed
Based on the initial study prepared for the project, a Mitigated Negative Declaration is proposed.
Environmental
The proposed Mitigated Negative Declaration is available for public review from 6/30/03
Determination
through 7/29/03 at 6500 Palma Avenue, Community Development Department, from 8:00 a.m.
to 5:00 p.m., Monday through Friday.
5. TO BE CONTINUED TO AUGUST 19,2003:
ZONE CHANGE 2003-0040, CONDITIONAL USE PERMIT 2003-0090,
VESTING TENTATIVE PARCEL MAP 2003-0036
Applicant:
Rick Jorgensen, 5460 Mariquita Avenue, Atascadero, CA 93422; Phone: 805/460-9377
Project Title:
5460 Mariquita Colony House Zone Change 2003-0040, Conditional Use Permit 2003-0090, Vesting
Tentative Parcel Map 2003-0036 for a 4 -unit PD -7 cottage complex.
Project
5460 Mariquita Avenue, Atascadero, CA 93422 (Single Family Residence)
Location:
(San Luis Obispo County) APN 029-292-024
Project
The proposed project consists of an application for a Zone Change, Conditional Use Permit, and
Description:
Vesting Tentative Parcel Map. The proposed project consists of three new single-family homes and
the retention of one existing single-family home located on individual lots that will be developed under
the requirements of PD -7 overlay district with the Residential Multi -Family (RMF -10) zoning district.
The new homes will range in size from 838 to 1,455 square feet. The existing 2,100 square foot home
will remain in its present size and location. The project includes one home per lot each with a two car
attached garage with two additional uncovered parking spaces.
General Plan Designation: Medium Density Residential (10 units/acre)
Zoning District: Residential Multiple Family- RMF -10
Proposed
Based on the initial study prepared for the project, a Negative Declaration is proposed. The
Environmental
proposed Negative Declaration is available for public review through 7/15/03 at 6500 Palma
Determination
Avenue, Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday through
Friday.
COMMISSIONER COMMENTS & REPORTS
ADJOURNMENT
The next regular meeting of the Planning Commission will be August 5, 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 atlor prior to this public hearing.
\\Cityhall\CDvlpmnt\— PC Agendas\PC 2003\PC Agenda. 07-15-03.word.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. An agenda packet is also available for public review at the
Atascadero Library, 6850 Morro Road. All documents submitted by the public during Commission meetings that
are either read into the record or referred to in their statement will be noted in the minutes and available for review
in the Community Development Department office.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City
meeting or other services offered by this City, please contact the City Manager's Office, (805) 461-5010, or the
City Clerk's Office, (805) 461-5074. Notification at least 48 hours prior to the meeting or time when services are
needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the
meeting or service.
TO SPEAK ON AGENDA ITEMS
Members of the audience may speak on any item on the agenda. The Chairperson will identify the subject, staff will
give their report, and the Commission will ask questions of staff. The Chairperson will announce when the public
comment period is open and will request anyone interested to address the Commission regarding the matter being
considered to step up to the podium. If you wish to speak for, against or comment in any way:
• You must approach the podium and be recognized by the Chairperson
• Give your name and address (not required)
• Make your statement
• All comments should be made to the Chairperson and Commission
• All comments limited to 5 minutes (unless changed by the Commission)
• No one may speak for a second time until everyone wishing to speak has had an opportunity to do so,
and no one may speak more than twice on any item.
The Chairperson will announce when the public comment period is closed, and thereafter, no further public
comments will be heard by the Commission.
TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA
Under Agenda item, "PUBLIC HEARINGS," the Chairperson will call for anyone from the audience having
business with the Commission to:
• Please approach the podium and be recognized
• Give your name and address (not required)
• State the nature of your business
This is the time items not on the Agenda may be brought to the Commission's attention. A maximum of 30 minutes
will be allowed for Community Forum (unless changed by the Commission).
Cdvlpmnt/PC Agenda/ -Welcome and meeting information1doc
ITEM NUMBER: 1
DRAFT DATE: 7/15/03
CITY OFATASCADERO
PLANNING COMMISSION MINUTES
Regular Meeting
June 17, 2003 — 7:00 P.M.
CALL TO ORDER
Chairperson Fonzi called the meeting to order at 7:03 p.m. and Vice Chairperson Kelley led the
Pledge of Allegiance.
ROLL CALL
Present: Commissioners Beraud, O'Keefe, Kelley and Chairperson Fonzi
Absent: Commissioners Bentz, Jones and Porter
Staff: Community Development Director Warren Frace, Assistant City Manager Brady
Cherry, 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.
CONSENT CALENDAR
1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION
MEETING ON JUNE 3, 2003.
MOTION: By Commissioner O'Keefe and seconded by Vice Chairperson Kelley to approve
the Consent Calendar.
AYES: Commissioners O'Keefe, Beraud, Kelley and Chairperson Fonzi
NOES: None
ABSTAIN: None
Motion passed 4:0 by a roll -call vote.
PUBLIC COMMENT
None
COMMUNITY DEVELOPMENT STAFF REPORTS
2. TREE REMOVAL PERMIT 2003-0037: 7400 ENCINAL AVE.
Request to remove ten (10) native oak trees, three of which are in excess of 24 "dbh, in
conjunction with the development of an 2,600 square foot new single-family home
located at 7400 Encinal Ave. (APN 030-031-015)
Staff recommends:
The Planning Commission adopt Resolution PC 2003-0059 to approve the request to
remove ten (10) 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
Ron Orcutt, 5305 Cascabel Avenue, applicant, addressed questions raised by the Commission.
Mr. Orcutt stated that he will work with the arborist and builder to keep and protect as many
trees as possible, only trees in very poor condition would be removed, and pruning, especially
along the driveway, would be minimal.
Chairperson Fonzi closed the Public Comment period.
MOTION: By Vice Chairperson Kelley and seconded by Chairperson Fonzi to adopt
Resolution PC 2003-0059 to approve the request to remove ten (10) native oak
trees subject to the guidelines and mitigation required by the Atascadero Native
Tree Ordinance.
AYES: Commissioners O'Keefe, Beraud, Kelley and Chairperson Fonzi
NOES: None
ABSTAIN: None
Motion passed 4:0 by a roll -call vote.
PUBLIC HEARINGS
3. CUP 2003-0092
Applicant:
City of Atascadero, 6500 Palma Ave., Atascadero, CA 93422
Project Title:
CUP 2003-0092
Project Location:
5493 Traffic Way, Recreation Center, Atascadero, CA 93422
(San Luis Obispo County); APN 028-361-033
Project
The proposed project is an indoor recreation use, Conditional Use Permit (CUP
Description:
2003-0092), to establish a public youth recreation center, and community recreation
center at 5493 Traffic Way. The General Plan Land, Use and Zoning District is
Industrial.
Proposed
The project has been determined to qualify for a Class 1 Categorically Exemption
Environmental
under the provisions of the California Environmental Quality Act (CEQA section
Determination
15301; Class 1; Minor alteration of existing facilities.)
Assistant Planner Kelly Davis provided the staff report and with Assistant City Manager Brady
Cherry answered questions of the Commission.
PUBLIC COMMENT
None
MOTION: By Vice Chairperson Kelley and seconded by Commissioner O'Keefe to adopt
Resolution No. PC 2003-0057 certifying proposed environmental determination
and approving Conditional Use Permit 2003-0092 subject to the findings,
conditions and exhibits as attached.
AYES: Commissioners O'Keefe, Beraud, Kelley and Chairperson Fonzi
NOES: None
ABSTAIN: None
Motion passed 4:0 by a roll -call vote.
4. ZCH 2003-0054
Applicant:
City of Atascadero, 6500 Palma Ave., Atascadero, CA 93422
Project Title:
ZCH 2003-0054 Zoning Text Amendment
Project Location:
CPK - Commercial Park Zoning District
(San Luis Obispo County)
Project
The proposed project is a zoning text amendment to the City's Municipal Code
Description:
Article 12, Section 9-3.252 allowing: eating and drinking places of up to 2,000
square feet; office, business and health care services as permitted uses within the
City's CPK - Commercial Park zoning district.
Proposed
The proposed project has been analyzed adequately in the 2002 General Plan EIR
Environmental
pursuant to applicable standards and impacts have been avoided or mitigated
Determination pursuant to the that EIR.
Planning Services Manager Steve McHarris provided the staff report and answered questions of
the Commission.
PUBLIC COMMENT
Thomas McGee, 1341 Overall Road, explained that he and his daughter would like to open a
restaurant in Atascadero and it has been difficult to find a location. They would like to have a
sit-down restaurant serving wine and beer. Mr. McGee answered questions of the Commission.
Charlotte Covington, 3000 El Camino Real, stated she has been working in the restaurant
industry since her college graduation. She would like to have a restaurant with enough square
footage to do events such as rehearsal dinners, meetings, etc. She has spoken with local
businesses near her proposed site and has determined there is a need for a nice dining place in the
area. Mrs. Covington discussed her feelings on the beer and wine issue. She is in support of this
proposed zone change.
Chairperson Fonzi closed the Public Comment period.
There was Commission discussion regarding increasing the allowable square footage to 2,500,
and allowing beer and wine in a restaurant or restaurant/bar setting. Chairperson Fonzi expressed
concerned that this change might allow the establishment in the CPK Zone of bars serving
alcohol only.
MOTION: By Chairperson Fonzi and seconded by Commissioner O'Keefe to adopt
Resolution 2003-0058, recommending that the City Council of the City of
Atascadero adopt the proposed amendments to the Zoning Ordinance and change
the words "Eating and Drinking Places" to "Restaurants," and increase allowable
area to 2500 square feet.
AYES: Commissioners O'Keefe, Beraud, Kelley and Chairperson Fonzi
NOES: None
ABSTAIN: None
Motion Passed 4:0 by a roll -call vote.
COMMISSIONER COMMENTS & REPORTS
Commissioner O'Keefe referred to her appeal of the project on Santa Ysabel and asked why
people with addresses out of the area were noticed regarding the project. Community
Development Director Warren Frace stated that the Municipal Code requires that property
owners not occupants must be noticed. Commissioner O'Keefe questioned when the
inclusionary ordinance would be coming back to the Planning Commission. Director Frace
indicated that staff estimates it will most likely be toward the end of the year before an
inclusionary ordinance would actually be in effect. Council will be asked at its next meeting to
adopt an interim policy to deal with the planned developments and the specific plans and to set
some general guidelines, which the Commission has requested, on inclusionary housing.
Vice Chairperson Kelley commented that it would be helpful to get a synopsis of proposed
projects prior to the staff report to better facilitate answering questions from the community
when notices are published in the paper. Director Frace stated that staff keeps a running list of
planning projects that are in house and in various stages of review. It would be possible to
periodically run these lists by the Commission.
Commissioner Beraud asked if the publication "Living Among the Oaks" is still available to the
public. Director Frace indicated most likely they just ran out and are in the process of
reordering, additionally, staff is speaking with ANTA regarding ordering new publication
materials. Commissioner Beraud referred to the parking lot near Atascadero Lake and inquired
why the trees were removed. Director Frace stated there is a Master Plan for the entire lake
approved by the Parks and Recreation Commission that calls for the construction of a parking lot
and a grand lawn along the road. The trees were removed for grading in this area.
Commissioner Beraud expressed concern regarding the lack of tree protection for 7380 Encinal.
Chairperson Fonzi thanked staff for their excellent presentations, and asked for a preview of
upcoming Commission agendas.
Commissioner O'Keefe referred to the trees removed on the Atascadero Lake parking lot and
stated they probably could have been used for lumber. She indicated there is a business in San
Luis Obispo that does this type of work.
ADJOURNMENT
Chairperson Fonzi adjourned the meeting at 8:27 p.m. to the next regularly scheduled meeting on
July 1, 2003.
MEETING RECORDED AND MINUTES PREPARED BY:
Grace Pucci, Recording Secretary
ITEM NUMBER:
DATE:
Community Development Staff Report
Final Map 2002-0029 (Parcel Map AT 00-034)
9090 La Canada (TPM 2000-0009)
(Dulitz)
SUBJECT:
Approval of Final Map 2002-0029 (Parcel Map AT 00-034).
RECOMMENDATION:
Staff Recommends:
The Planning Commission accept Final Parcel Map 2002-0029 (Parcel Map AT 00-034)
SITUATION AND FACTS:
1. Applicant: James Dulitz, 1300 Garcia Road, Atascadero, CA
93422, Phone: 805-466-5966.
2. Project Address: 9090 La Canada Lane, Atascadero, CA 93422
APN 050-021-004.
3. General Plan Designation: Suburban Single Family
4. Zoning District
5. Site Area
6. Existing Use:
DISCUSSION:
RS (Residential Suburban, with a minimum lot size
of 5.04 acre based on performance standards.
17.52 Acres.
Vacant.
Tentative Parcel Map 2000-0009 / Parcel Map AT 00-034 was approved by the Planning
Commission on April 17, 2001. The subdivision approved the division of two existing
Final Map 2002-0029 Page 1 of 3
ITEM NUMBER:
DATE:
colony lots totaling 17.5 +/- acres into three parcels, 5.7+/-m 5.3+/-, and 6.4+/- acres
each.
Pursuant to California Government Code Section 66440 the approving legislative body
(Planning Commission) cannot deny a final map that is consistent with an approved
tentative map. The legislative body is also required to accept, accept subject to
improvement, or reject on behalf of the public, any real property offered for dedication
for public use in conformity with the terms of the offer of dedication. No offers of
dedication are made on this map. Staff has determined that the Final Parcel Map is
consistent with approved Tentative Parcel Map.
FISCAL IMPACT: None
ATTACHMENTS: Exhibit A: Final Map 2002-0029 (Parcel Map AT 00-034)
Final Map 2002-0029 Page 2 of 3
ITEM NUMBER:
DATE:
Exhibit A
Final Map 2002-0029 (Parcel Map AT 00-034)
9090 La Canada
Dulitz
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SUBJECT:
ITEM NUMBER: 3
DATE: 07/15/03
Develovment Staff Revort
Tree Removal Permit
TRP 2003-0038
(5320 Traffic Way: Gearhart/Croom)
Request to remove two (2) native oak trees over 24 -inches in diameter, in conjunction with the
development of a 1,440 square -foot new single-family home located at 5320 Traffic Way.
RECOMMENDATION:
Staff recommends:
The Planning Commission adopt Resolution PC 2003-0065 to approve the request to remove two
native oak trees subject to the guidelines and mitigation required by the Atascadero Native Tree
Ordinance.
SITUATION AND FACTS:
1. Applicant: Kelly Gearhart, 6205 Alcantara Ave, Atascadero, CA
93422
2. Representative: Kelly Gearhart, 6205 Alcantara Ave, Atascadero, CA
93422
3. Certified Arborist: Henry Curtis; Western Tree Service.
3. Project Address: 5320 Traffic Way, Atascadero, CA 93422;
APN 029-061-045
1/28/2003 TRP 2003-0038 5320 Traffic Way.PC-SR.doc
ITEM NUMBER: 3
DATE: 07/15/03
ANALYSIS:
The applicant has proposed a 1,440 square foot single-family residence on the project site. The project
site is comprised of moderate slopes up to 20 percent. The project will gain access from Traffic Way.
The majority of the parcel is comprised of native grasses. The proposed residence will gain access by
way of an access easement from the adjoining property in order to minimize grading impacts.
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ITEM NUMBER: 3
DATE: 07/15/03
The City of Atascadero's Tree Ordinance requires that a certified arborist prepare an accurate and
appropriate Tree Protection Plan, and that appropriate mitigation for native tree removals be
implemented as a condition of the project. The applicant submitted a Tree Protection Report and staff
reviewed the recommendations. The arborist's report findings conclude that the native oak trees to be
removed are obstructing proposed improvements that cannot be reasonably redesigned to avoid the
need for tree removal. The subject tree is shown below.
Staff is recommending that removal of the tree be mitigated by payment of $966.67 into the City's
Tree Replacement Fund. The proposed mitigation is shown in the following table.
1/28/2003 TRP 2003-0038 5320 Traffic Way.PC-SR.doc
Evergreen Native Trees (inches)
dbh notes
1
2
3
4
5
6
Total 0 -inches
Mitigation Requirement
Tree Fund Payment: $
FINDINGS:
ITEM NUMBER: 3
DATE: 07/15/03
Deciduous Native Trees (inches)
dbh notes
1 33 -inches White Oak
2 25 -inches White Oak
3
4
5
6
Total 58 -inches
Tree Fund Payment: $ 966.67
Totals
58 -inches
$ 966.67
Pursuant to the Tree Ordinance (Ordinance No. 214), "decisions on native tree removals of 24 -inch
dbh-size or larger shall be made by the Planning Commission." In considering any tree removal
request, at least one of the below stated following findings must be made. Staff has identified finding #5
as appropriate for the application request.
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 following
actors:
• 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.
1/28/2003 TRP 2003-0038 5320 Traffic Way.PC-SR.doc
ITEM NUMBER: 3
DATE: 07/15/03
CONCLUSION:
The applicant has a submitted tree protection plan with findings from a Certified Arborist. The tree
have been determined to be obstructing proposed improvements that cannot be reasonably designed to
avoid the need for tree removal, as certified by the Community Development Department, and
therefore meets the required findings for removal.
PREPARED BY: Warren Frace, Community Development Director
ATTACHMENTS:
Attachment 1: Location Map
Attachment 2: Site Plan
Exhibit A: Draft Resolution PC 2003-0065
Exhibit B: Conditions of Approval/Tree Mitigation Table
Exhibit C: Tree Protection Plan
1/28/2003 TRP 2003-0038 5320 Traffic Way.PC-SR.doc
ITEM NUMBER:
DATE: 07/15/03
Attachment 1
Location Map
5320 Traffic Way
1/28/2003 TRP 2003-0038 5320 Traffic Way.PC-SR.doc
ITEM NUMBER: 3
DATE: 07/15/03
Attachment 2
Site Plan
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1/28/2003 TRP 2003-0038 5320 Traffic Way.PC-SR.doc
ITEM NUMBER: 3
DATE: 07/15/03
Exhibit A: Draft Resolution PC 2003-0065
Tree Removal - TRP 2003-0038
DRAFT RESOLUTION PC 2003-0065
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ATASCADERO APPROVING A TREE REMOVAL PERMIT
TO ALLOW THE REMOVAL OF TWO NATIVE OAK TREES
LOCATED AT 5320 TRAFFIC WAY.
(TRP 2003-0038:GEARHART/CROOM)
WHEREAS, an application for a Tree Removal Permit has been received from, Kelly
Gearhart, 6205 Alcantara Ave, Atascadero, CA 93422, to allow the removal of two native oak
trees located at 5320 Traffic Way.; and,
WHEREAS, the proposed project is located within the High Density Residential land use
designation of the City of Atascadero's General Plan Land Use Diagram; and,
WHEREAS, the proposed project is located in the Residential Multi -Family - 16 zoning
district; and,
WHEREAS; the Planning Commission reviewed the proposed Tree Removal application on
July 15, 2003, at 7:00 p.m. in the Rotunda Room of City Hall located at 6500 Palma Avenue and
considered testimony and reports from staff, the applicants, and the public; and,
NOW, THEREFORE, the Planning Commission takes the following actions:
SECTION 1. Findings for Approval of Tree Removal Permit. The Planning
Commission finds as follows:
1. The tree is obstructing proposed improvements that cannot be
reasonably designed to avoid the need for tree removal, as
certified by a report from the Site Planner and determined by the
Community Development Department based on the following
factors:
a. Early consultation with the City;
b. Consideration of practical design alternatives;
c. Provision of cost comparisons (from applicant) for practical
design alternatives;
d. If saving tree eliminates all reasonable uses of the property; or
e. If saving the tree requires the removal of more desirable trees.
1/28/2003 TRP 2003-0038 5320 Traffic Way.PC-SR.doc
ITEM NUMBER: 3
DATE: 07/15/03
On motion by Commissioner , and seconded by Commissioner the foregoing
resolution is hereby adopted in its entirety by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ADOPTED:
CITY OF ATASCADERO, CA
Roberta Fonzi
Planning Commission Chairperson
Attest:
Warren M. Frace
Planning Commission Secretary
1/28/2003 TRP 2003-0038 5320 Traffic Way.PC-SR.doc
ITEM NUMBER: 3
DATE: 07/15/03
Exhibit B: Tree Mitigation Table
Tree Removal - TRP 2003-0038
Conditions of Approval
Timing
Responsibility
TRP 2003-0038
/Monitoring
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 $966.67 into the tree fund as
FO
PS
mitigation for the tree removal as shown in the attached
table.
2. No tree removals shall be allowed prior to the issuance
BP
PS
of an approval letter.
Tree Mitiqation Table 1
Evergreen Native Trees (inches) Deciduous Native Trees (inches)
dbh notes dbh notes
1 1 33 -inches White Oak
2 2 25 -inches White Oak
3 3
4 4
5 5
6 6
Total 0 -inches Total 58 -inches
Mitigation Requirement
Tree Fund Payment: $ Tree Fund Payment: $ 966.67
Totals
58 -inches
1/28/2003 TRP 2003-0038 5320 Traffic Way.PC-SR.doc
ITEM NUMBER: 3
DATE: 07/15/03
Exhibit Q Tree Protection Plan
Tree Removal - TRP 2003-0038
RC Construction
Job site- Traffic Way, Atascadero
Request for Oak Tree Removals
The two oak trees seen in this picture need to be
removed in order for a fill line, driveway and sidewalk to
be installed. According to the plans there are no other
options. I suggest that after removing these trees you
should replace them with planting new oaks in a location
suitable for the property.
Henry Curtis/ Western Tree Service
Arborist # WE -6345A
805-438-4576
a
1/28/2003 TRP 2003-0038 5320 Traffic Way.PC-SR.doc
Planning Commission Staff Report
ITEM NUMBER: 4
DATE: 7-15-03
The Colony at Apple Valley
Planned Development Zone Code Text 2003-0056,
Single Family Planned Development Zone Change 2002-0035,
Master Plan of Development (CUP 2002-0082),
Vesting Tentative Tract Map 2002-0026
(6025, 6049 Del Rio Road, 6100 Conejo Road/ Midland Pacific Building Corporation)
SUBJECT:
The proposed project consists of a request to establish a Planned Development #19 overlay
zone, and place a PD -19 overlay zone over the subject site with a corresponding master plan
of development (CUP) that would allow a 70 -unit single-family residential development and
a 5.5 acre proposed park, and 2.39 acres of open space to be constructed on the 28 -acre site.
The Vesting Tentative Tract Map would create a 70 -lot subdivision. The project site is
located between Del Rio Road and Conejo Road, one block West of U.S. Highway 101. The
project will include 56 residential lots of approximately 8,000 square feet and 14 residential
lots of approximately 5,000 square feet. The project includes a request to remove 65 native
oak trees.
RECOMMENDATION:
Staff Recommends:
1. Adopt Resolution No. PC 2003-0060 recommending that the City Council certify
Proposed Mitigated Negative Declaration 2003-0016; and,
2. Adopt Resolution No. PC 2003-0061 recommending that the City Council introduce an
ordinance for first reading to establish Planned Development #19 (Zone Change 2003-
0056) based on findings; and,
3. Adopt Resolution No. PC 2003-0062 recommending that the City Council introduce an
ordinance for first reading to approve Zone Change 2002-0035 establishing a PD -19
overlay district based on findings; and,
ITEM NUMBER: 4
DATE: 7-15-03
4. Adopt Resolution No. PC 2003-0063 recommending that the City Council approve the
Master Plan of Development for PD -19 (CUP 2002-0082) based on findings and subject
to Conditions of Approval and Mitigation Monitoring; and,
5. Adopt Resolution No. PC 2003-0064 recommending the City Council approve Vesting
Tentative Tract Map 2002-0026, based on findings and subject to Conditions of Approval
and Mitigation Monitoring.
SITUATION AND FACTS:
1. Applicant / Representative: Midland Pacific Building Corporation
6955 El Camino Real, Atascadero, CA 93422
2. Project Address: 6025, 6049 Del Rio Road, 6100 Conejo Road,
Atascadero, CA 93422
(San Luis Obispo County) APN 049-191-002, 026, 027,
028, 030.
3. General Plan Designation:
4. Zoning District:
5. Site Area:
6. Existing Use:
7. Environmental Status:
DISCUSSION:
Analysis of Planning Issues
1. Project Definition
General Plan Designation: Single -Family Residential - Y
RSF-Y (Residential Single -Family - Y)
28 acres
Abandoned Single -Family Residences and Vacant Land
Proposed Mitigated Negative Declaration 2003-0016
The proposed project consists of a 70 -lot single-family residential subdivision with a 5.50 -
acre park and 2.39 acres of open space on a 28 -acre site located between Del Rio Road and
Conejo Road, one block West of U.S. Highway 101. The project will include 56 lots of
approximately 8000 square feet and 14 lots of approximately 5,000 square feet. The project
includes a request to remove 65 native oak trees.
ITEM NUMBER: 4
DATE: 7-15-03
Each home will have a two car attached garage with two additional uncovered spaces
provided in the driveway that fulfills the guest parking requirement. Each unit will provide a
minimum 43% parcel landscaping and building footprints of less than 42% of the parcel area.
A Master Plan of Development will include all site development and architectural design
standards for the project. The Master Plan of Development will be approved in the form of a
Conditional Use Permit as required by the Zoning Ordinance. The Planning Commission can
make any future amendments to the Master Plan of Development in the future, independent
of Council action.
Project Summary Table
Plan Number
Plan 1466
A
Living
Square Feet
1,466
Garage
478
Plan 1595
Living
1,595
Garage
460
Plan 2114 (two exterior options)
Living
2,114
Garage
712
Plan 2289 (two exterior options)
Living
2,289
Garage
722
Plan 2680 (two exterior options)
Living
2,630
Garage
735
ITEM NUMBER: 4
DATE: 7-15-03
2. Background
Surrounding Land Use and Setting:
North: Residential, Vacant Land
South: Residential
East: Graves Creek, Open Space
West: Religious Institution, Commercial, Residential
The General Plan and Zoning Ordinance identifies the project site as Residential Single -
Family - Y. The adjacent surrounding properties are designated as Residential Suburban
with a 2.5 — 10 acre minimum lot size per residence based on performance standards. The
project site's RSF-Y zoning is consistent with the General Plan that identifies this site as
single-family residential with a maximum of 70 units. As identified in the General Plan Land
Use Element Table II -5 and Figure II -4, the proposed residential contains 58 single-family
lots on 28 acres with an additional 14 lots which qualify as a 25 percent general plan density
bonus designated as deed -restricted affordable at the moderate income level. The project is
also consistent with the General Plan requirement for a public park and public access and
buffering of Graves Creek.
The General Plan requires establishment of a Planned Development (PD) Overlay on the
ITEM NUMBER: 4
DATE: 7-15-03
project site, consistent with City site development standards and appearance review, as
analyzed within this report. This PD will be identified as PD -19 and will include site-
specific development standards and appearance review, as analyzed within this report.
The subdivision of residential lots less than district minimum requires a Phnned
Development Overlay Zone that will be implemented through the proposed Master Plan of
Development (Condition Use Permit application). The PD -19 requires a Master Plan of
Development that incorporates site development standards and appearance review including
architecture and landscaping. Per the zoning ordinance, the Master Plan of Development is
processed as a Conditional Use Permit.
3. Design and Appearance
Architecture, Materials, Color
The applicant proposes to construct 70 single -story homes, with 5 floor plans, 3 of which will
have an alternate exterior design treatment. The buildings are basic homes of simple form
with low-pitched roofs in a Spanish -Mediterranean theme. Exterior materials include stucco
finish with sectional wooden garage doors and tile roof. Staff is recommending additional
architectural features, upgraded building materials, compatible colors, and landscape design.
The applicant responded with a modified streetscape, landscape design, and colors and
materials for each residential unit. Staff has added conditions of approval consistent with
General Plan & Zoning requirements, as identified below.
The project site and landscaping has been well designed and only minor conditions of
approval have been included regarding the exterior fence treatment along Del Rio Road and
entry into the project site. Residential exterior material finishes are as proposed in the
attached exhibit (Exhibit L). It is staff's opinion that the street- facing elevations should not
be dominated by two- and three -car garages. Although the applicant has proposed upgraded
architectural grade sectional wooden garage doors, the elevations would be significantly
improved with a greater emphasis on the home entries by incorporating covered porches,
trellised patios, and front courtyards. Staff recommends that the proposed homes incorporate
these types of architectural embellishments, and double or single hung windows into the
elevations facing the neighborhood streets (Condition 6). All trash storage, recycle storage,
and air conditioning units will be screened from view behind fenced or landscaped
enclosures (Condition 6).
Front Elevations of Each New House
1595
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ITEM NUMBER: 4
DATE: 7-15-03
� T F
ITEM NUMBER: 4
DATE: 7-15-03
The applicant has included a color and material sample board illustrating a total of 7 colors
and material schemes. Refer to Exhibit L for details. All colors are earth tone in a variety of
compatible color tones.
Proposed City Park
Incorporated in this project is a proposed passive public park. The proposed park includes
lawn area, walking path, picnic tables and other park features. The applicant proposed to
dedicate the park for public use and have the City of Atascadero maintain the park. Staff has
communicated to the applicant that the City does not haw adequate funding or staffing
resources to maintain the park.
The applicant has proposed to provide the City with $50,000.00 annually for 5 years
($250,000.00) to maintain the facility. The $250,000.00 would be placed into 5 interest-
bearing accounts that would mature annually. The funding would be provided to the City
annually "provided that the park has been adequately maintained".
The issue of maintenance and acceptance of the park by the City will be handled by the City
Council.
Landscape Design
The preliminary landscape plan has been designed for compatibility with the surrounding
neighborhood and visual appearance along Del Rio Road. The plans identify landscaping
thoughout the site with the exception of rear yards. Streetscapes include an 8 -foot wide tree
planter with shade trees and sidewalk along the main entry drive and shade trees along
residential side streets fronting each new residence. The landscape plan and palette meets the
Planned Development appearance review requirements.
The site landscaping plan includes a variety of native and accent trees. All front yards shall
be landscaped by the developer (Condition 9). Back yards will be landscaped by the
individual property owners. Landscape maintenance of each private lot will be the
responsibility of the individual property owner.
Due to the on-site topography, the use of retaining walls is required. A condition of approval
has been included to design such walls to match or compliment the texture and color of the
existing or proposed landscape (Condition 12).
Del Rio Road landscape includes a 25 -foot wide buffer with an informal planting of shrubs
and trees. An entry monument sign is proposed at the project entrance (See below). A 6 -foot
high wood fence with masonry columns 30 -feet on center is proposed to provide a barrier
between the proposed residential lots and Del Rio Road. Considering the applicant's intent
to introduce a high-quality colony -influenced neighborhood, and the high visibility along Del
Rio Road, staff recommends that masonry columns be placed 24 feet on center along the
fence line, and designed to match the proposed entry monument sign columns with matching
ITEM NUMBER: 4
DATE: 7-15-03
native stone and pre -cast concrete cap or moldings (Condition 11). This design improvement
will enhance the project appearance and establish an appropriate landscape and fence design
theme for future development along Del Rio Road.
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Site Plan, Circulation, Parking
The site plan has been proposed to meet the requirements of the Atascadero Municipal Code
and the appearance review requirements of the General Plan. The project will include street
frontage improvements along Del Rio Road and Conejo Road. As a larger residential
planned development, the on-site streets include special entry features with accent pavers and
planted center medians.
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ITEM NUMBER: 4
DATE: 7-15-03
Each residential lot contains minimum 4 parking spaces with some orrstreet parking
opportunities that exceed the code -required parking spaces.
Site Drainage/Graves Creek
The site slopes moderately to the west towards Graves Creek. Drainage has been designed to
flow through the site into two separate engineered drainage retention basins. The outfall of
each basin drains into Graves Creek. Measures to protect the integrity of Graves Creek have
been incorporated into the project (Condition 41-47), Mitigation Measures 4.a, 4.b.1, and
4.b.2)
Wastewater
Sanitary sewer will be connected to the El Camino Real sewer mainline via a proposed
connection within Del Rio Road.
4. Proposed Planned Development 19
The proposed Planned Development is consistent with General Plan SFR Y land use
designation allowing the creation of a planned development project with a clustering of 70
units on the 28 -acre project site, and Zoning Ordinance Article 28 allowing Planned
Development Overlay zones to be established to promote orderly and harmonious
development and to enhance the opportunity to best utilize special site characteristics. Based
on the ordinance and proposed plans, staff has prepared the following proposed standards for
Planned Development 19. Adoption of the new overlay is required for the project to proceed.
The Commission could make recommendations to the Council to modify the proposed Pal 9
text.
9-3.662 Establishment of Planned Development Overlay Zone No. 19:
(PD19).
A Planned Development Overlay Zone No. 19 may be established in the RSF-Y single-family
residential zones on parcels APN 049-191-002, 026, 027, 028, and 030 with a combined gross
acreage of 28 acres. The maximum density within the planned development shall not exceed
a gross density of 70 units on the 28 -acre project site. The following development standards
shall be applied to the Planned Development Zone No. 19:
(a) The Master Plan of Development (CUP 2002-0082) for the site shall be approved. All
construction and development shall conform to the approved Master Plan of Development, as
conditioned.
(b) No subsequent tentative parcel or tract map shall be approved unless found to be
consistent with the approved Master Plan of Development.
(c) Each dwelling unit, landscaping, walls and fencing shall be subject to review under the
City's Appearance Review requirements consistent with the approved Master Plan of
ITEM NUMBER: 4
DATE: 7-15-03
Development..
(d) Building setbacks, lot sizes, landscape area, and lot coverage shall be as identified within
the approved Master Plan of Development:
(e) All mechanical equipment, including HVAC units and utility meters, shall be screened from
view from adjacent streets and properties.
(f) Parking for two -resident vehicles shall be provided in a garage with minimum interior
dimensions of twenty (22) feet by twenty (22) feet. A minimum of two guest parking spaces of
at least nine (9) feet by twenty (20) feet shall be provided on site for each unit. The driveway
area may be used to satisfy the guest -parking requirement. On -street parking shall not be
used to satisfy the parking requirements.
(g) All front yards, street facing side yards, project perimeter, common areas, and 2:1 slopes
exceeding 5 feet in height shall be landscaped.
(h) Individual trash collection shall be used for each residential unit. Provisions shall be made
for storage of trashcans within the garage or fenced area.
(i) All utilities, including electric, telephone and cable, along the frontage of and within the PD
shall be installed underground.
(j) Alterations or additions to established dwelling units shall be subject to the density
standards of the underlying zone and shall be reviewed pursuant to the City's Appearance
Review Guidelines.
If the above Planned Development standards are adopted, the project as conditioned would
be consistent with those standards. The proposed project consists of 70 new -detached single-
family units on individual lots with minimum net lot sizes ranging from 5,071 to 24,328
square feet. The project includes 8 separate exterior elevations and 5 floor plans. All of the
units have 3 to 4 bedrooms with living areas of. 1,466; 1,595; 2,114; 2,289; and 2,630 square
feet. All of the units have a minimum two car -attached garages. The PD -19 documents the
proposed lot sizes, lot coverage, landscape area, setbacks, and building footprints for each
parcel. The Master Plan of Development will cover all site development, landscaping and
architectural design standards for the project. The Master Plan of Development will be
approved in the form of a Conditional Use Permit as required by the Zoning Ordinance. As
conditioned, changes to the Master Plan of Development can be made by the Planning
Commission in the future without Council action.
5. Native Tree Mitigation/Preservation
The site contains numerous native oak trees. The project has been designed to preserve a
majority of the trees. There are 65 oak trees proposed for removal as submitted by a
Certified Arborist. The trees have been determined to be obstructing proposed improvements
that cannot be reasonably designed to avoid the need for tree removal. In addition, some of
the trees to be removed are in poor health. The tree mitigation and tree fund payment is
summarized below.
Evergreen Native Trees (inches)
Mitigation Requirement
Tree Fund Payment: $ 5,058.33
ITEM NUMBER:
DATE
Deciduous Native Trees (inches)
dbh notes
1
18 -inches
2
9 -inches
3
20 -inches
4
80 -inches
5
5 -inches
6
7 -inches
7
12 -inches
8
36 -inches
9
5 -inches
10
4 -inches
11
8 -inches
12
12 -inches
13
18 -inches
14
7 -inches
15
8 -inches
16
15 -inches
17
12 -inches
18
5 -inches
19
8 -inches
20
6 -inches
21
14 -inches
22
4 -inches
23
12 -inches
24
16 -inches
25
14 -inches
26
20 -inches
27
4 -inches
28
12 -inches
29
10 -inches
30
21 -inches
31
10 -inches
32
26 -inches
33
7 -inches
34
27 -inches
35
5 -inches
36
13 -inches
37
51 -inches
38
5 -inches
39
7 -inches
40
4 -inches
41
6 -inches
42
5 -inches
43
6 -inches
44
6 -inches
45
7 -inches
Total
607 -inches
Mitigation Requirement
Tree Fund Payment: $ 5,058.33
ITEM NUMBER:
DATE
Deciduous Native Trees (inches)
Total 181 -inches
Tree Fund Payment: $ 3,008.33
4
7_Ils_na
Totals
788 -inches
$ 8,066.67
dbh notes
1
8 -inches
2
6 -inches
3
6 -inches
4
11 -inches
5
2 -inches
6
6 -inches
7
10 -inches
8
37 -inches
9
30 -inches
10
5 -inches
11
2 -inches
12
7 -inches
13
3 -inches
14
8 -inches
15
10 -inches
16
16 -inches
17
3 -inches
18
4 -inches
19
4 -inches
20
3 -inches
Total 181 -inches
Tree Fund Payment: $ 3,008.33
4
7_Ils_na
Totals
788 -inches
$ 8,066.67
ITEM NUMBER: 4
DATE: 7-15-03
A native tree protection and a preservation plan is included for trees proposed for retention.
Prior to permit issuance, the Tree Protection Plan shall be implemented for the project by a
certified arborist and approved by Planning Services. Tree protection shall be in place prior
to the issuance of any construction permits and the arborist shall be under contract to monitor
tree protection. For native trees being removed, the mitigation measures require $8,066.67
be paid into the City's native tree mitigation account and additional native trees be planted on
site (Refer to Conditions 13, Mitigation Measures 4.e.1, 4.e.2).
6. Site Drainage
The project site is not identified as a flood hazard on the FEMA maps. The proposed project
will convey storm water off site to two proposed engineered drainage retention basins within
a on-site proposed park adjacent to Graves Creek per the proposed Preliminary Grading Plan
and Drainage Calculations produced by the applicant's Engineer. Conditions of approval
have been included to assure that there will be no site drainage impacts (Conditions 41-47).
7. Project Benefits
One of the required findings for approval of a planned development rezone is that the project
must "offer certain redeeming features to compensate for the requested modification." The
project will have a number of "redeeming features" which include the following: 1)
designation and improvement of 5.5 acres of proposed park and 2.39 acres of private open
space; 2) sensitive site design of new homes and placement in relation to Graves Creek; 3)
each unit will have a private yard area that will allow for outdoor recreational opportunities,
4) as conditioned, architectural and landscape features of the project have been designed to
enhance the project's appearance and benefit the surrounding neighborhood; 5) the project
entries will incorporate special paving treatment and landscape medians, and 6) the project
will provide fourteen, detached single-family affordable housing units on lots 57 through 70
deed restricted at the moderate income level for a 30 -year period.
Affordable Workforce Housing
The proposed project is consistent with the City's General Plan that identifies the project as
providing 14 residential units at the moderate -income level. According to the San Luis
Obispo County Department of Planning & Building, a 4 -bedroom moderate level affordable
unit only qualifies if the sales price does not exceed $316,674 or the rent does not exceed
$1,454 per month with a 30 -year deed restriction commitment. These numbers are subject to
change as they are adjusted monthly.
The proposed 14 affordable units are required by the General Plan and supercedes the City
Council's interim inclusionary affordable housing program to include a fixed percentage of
units within residential developments that require a legislative approval to be reserved as
deed restricted affordable units or a in- lieu fee to be collected.
ITEM NUMBER: 4
DATE: 7-15-03
In addition, it has been City Council policy to request that the residential units be made
available to the local population and workforce as follows (Condition 14):
1. Fourteen units shall be reserved as deed restricted affordable unit affordable unit in the
moderate category for a 30 year period. Prior to recordation of final map, the applicant
shall enter into a legal agreement with the City to reserve %a of the units for sale to
residents or workers within the City of Atascadero, including the affordable units. The
agreement shall include the following provisions:
a) The units shall be offered for sale to residents or workers within the City of
Atascadero for a minimum of 60 -days. During this time period offers may only
be accepted from Atascadero residents or workers.
b) The applicant shall provide reasonable proof to the City that at least one of the
qualified buyers is a resident or worker within the City Limits of Atascadero.
c) The Atascadero resident or worker restriction shall apply to the initial sale only.
d) The applicant shall identify which units will be reserved.
The City Attorney shall approve the final form of the agreement.
8. Vesting Tentative Tract Map
A 70 -lot tract map is proposed as part of the project consistent with the Master Plan of
Development. The tract map has been conditioned by staff and the City Engineer to meet all
City standards including street frontage improvements. The applicant will be required to
record CC&R's for the map that will include maintenance and access of common areas
(Condition 51).
9. Master Plan of Development (Conditional Use Permit)
As previously mentioned, a Master Plan of Development is required for the Planned
Development, to be approved through the Conditional Use Permit process. The Conditional
Use Permit process provides the opportunity for the public and the Planning Commission to
review the specifics of land use proposals, such as architectural design, site design,
landscape, signage, and specific standards of the zoning ordinance. The Planning
Commission must make the following five findings to approve a Conditional Use Permit:
1. The proposed project or use is consistent with the General Plan and the City's
Appearance Review Manual.
Staff Comment: The use is consistent with the Single -Family Residential designation of
the Plan and General Plan Land Use Element Policy 1.1, Policy 6.1, 6.8, and Housing
Element Policy 4.3.
ITEM NUMBER: 4
DATE: 7-15-03
2. The proposed project or use satisfies all applicable provisions of the Title (Zoning
Ordinance) including the Planned Development Ordinance.
Staff Comment: As conditioned, the project satisfies all Planned Development zoning
code provisions.
3. The establishment, and subsequent operation or conduct of the use will not, because of
the circumstances and conditions applied in the particular case, be detrimental to the
health, safety, or welfare of the general public or persons residing or working in the
neighborhood of the use, or be detrimental or injurious to property or improvements in
the vicinity of the use.
Staff Comment: The proposed residential project will not be detrimental to the general
public or working persons health, safety, or welfare.
4. That the proposed project or use will not be inconsistent with the character or the
immediate neighborhood or contrary to its orderly development.
Staff Comment: The project has been designed to be consistent with the existing
neighborhood character through clustered site design, retention of open space, native oak
tree preservation, and preservation through appropriate setbacks to Graves Creek.
5. That the proposed use or project will not generate a volume of traffic beyond the safe
capacity of all roads providing access to the project, either existing or to be improved in
conjunction with the project, or beyond the normal traffic volume of the surrounding
neighborhood that would result from full development in accordance with the Land Use
Element.
Staff Comment: The proposed project and use is consistent with the traffic projections
and road improvements anticipated within the General Plan. The proposed 70 residential
lots clustered on the 28 -acre project site with the 5.5 acre park and 2.39 acres of open
space is anticipated in the General Plan.
Based on staff's analysis in the preceding sections, it appears that all of the required findings
for approval of a Master Plan of Development (Conditional Use Permit) can be made.
10. General Plan Consistency
The proposed project is consistent with the following General Plan Land Use and Housing
Element Policies:
Land Use Policy 1.1: "Preserve the rural atmosphere of the community and assure "elbow
room " in areas designed for lower density development by guiding new development into the
ITEM NUMBER: 4
DATE: 7-15-03
Urban Core to conform to the historic Colony land use patterns of the City and to respect the
natural environment, hillside area and existing neighborhoods ".
■ Program 10: Require the comprehensive master planning of large development projects
to minimize environmental impacts and maximize community compatibility. Projects
identified in Table 11-5 and Figure 11-4 shall be required to have an approved Master
Plan of Development prior to any site development. The Master Plan of Development
may be approved in the form of Conditional Use Permit, Planned Development or
Specific Plan.
Housing Element Policy 4.3: "Encourage attractive architecture and site landscaping that
respect terrain and native trees. "
Land Use Policy 6.1: "Ensure that development does not degrade scenic and sensitive areas,
including historic sites, creeks, riparian corridors, wetlands, woodlands, hillsides, and other
valuable habitats. "
Land Use Policy 8.1: "Ensure that development along Atascadero Creek, Graves Creek, the
Salinas River, blue line creeks, natural springs, lakes or other riparian areas does not
interrupt natural flows or adversely impact riparian ecosystems and water quality. "
Implementing General Plan programs require appearance review of architectural design,
materials, street trees, and landscaping to retain the rural atmosphere and protect the
environment, and incorporate architectural themes into the site and building design. As
analyzed above, the proposed project, as conditioned is consistent with the General Plan.
In staff's opinion the project is consistent with the goals and policies of the Land Use
Element and the Housing Element, with sensitive site design along Graves Creek, inclusion
of 14 affordable moderate -income units, and the proposed designation and improvement of
5.5 acres of proposed park and 2.39 acres of open space. The project will provide 70 single-
family dwellings that fulfill an important housing need within the community. As
conditioned, the project incorporates site plan, open space and landscape elements that are
consistent with the scale and character of the surrounding neighborhood, and the General
Plan's appearance review requirement.
11. Findings
As specified in the City's General Plan and Zoning Ordinance, the following specific
findings for the proposed Zone Change, and Master Plan of Development shall be made in
order to approve the proposed project:
A. PD -19 Zone Text Findings
ITEM NUMBER: 4
DATE: 7-15-03
1. Modification of development standards or processing requirements is warranted to
promote orderly and harmonious development.
2. Modification of development standards or processing requirements will enhance the
opportunity to best utilize special characteristics of an area and will have a beneficial
effect on the area.
3. Benefits derived from the overlay zone cannot be reasonably achieved through
existing development standards or processing requirements.
B. Zone Change Findings
1. The proposed zone change is in conformance with the adopted General Plan Goals,
Policies, and Programs and the overall intent of the General Plan.
2. The proposed zone change is compatible with existing development, neighborhoods
and the environment.
3. The proposed zone change will not create azy new significant and unavoidable
impacts to traffic, infrastructure, or public service impacts.
4. The proposed zone change is consistent with the project -specific Mitigated Negative
Declaration.
C. Master Plan of Development (Conditional Use Permit)
1. The proposed project or use is consistent with the General Plan and the City's
Appearance Review Manual.
2. The proposed project or use satisfies all applicable provisions of the Title (Zoning
Ordinance) including the proposed PD -19 Ordinance.
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.
4. That the proposed project or use will not be inconsistent with the character or the
immediate neighborhood or contrary to its orderly development.
S. 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.
D. Tree Removals
1. The tree is dead, diseased or injured beyond reclamation, as certified by a tree
condition report from an Arborist;
2. The tree is obstructing proposed improvements that cannot be reasonably designed to
avoid the need for tree removal, as certified by a report from the Site Planner and
ITEM NUMBER: 4
DATE: 7-15-03
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.
In staff's opinion, developing the property with a clustered single-family subdivision with a
5.5 acre proposed park and 2.39 acres of open space is consistent with the General Plan and
compatible with the surrounding residential neighborhood. In addition, the project is
consistent with the goals and policies of the Land Use Element, Housing Element and
adopted EIR and mitigation -monitoring program. The project incorporates appearance
review of architectural design, materials, street trees, and landscaping to retain the rural
residential atmosphere. The project incorporates architectural themes into the site and
building design, as conditioned. The 25 -foot wide informal landscape design along Del Rio
Road, slopes, and landscaped entries, into the project site provide appropriate aesthetic
residential buffers and edge along Del Rio Road. Native trees have been preserved where
feasible and required conditions and mitigation measures have been appropriately
incorporated into the project. As analyzed within the project Initial Study and Draft
Mitigated Negative Declaration, the proposed residential use would have no significant
environmental impacts and will not be detrimental to the general public or working persons
health, safety, or welfare. Based on staff's analysis in the preceding sections, it appears that
all of the required findings for project approval can be made.
12. Common On -Site Facility Maintenance
The project has common on-site facilities that serve all the residences. The project interior
streets include curb, gutters, walkways and guest parking. According to the applicant, a
Benefit Maintenance District will be established for the maintenance of onsite shared
improvements. This includes roads, sidewalks, street trees, streetlights, drainage facilities,
private open space and common landscaping. This District proposal would not include
maintenance of the proposed park. The Benefit Maintenance Agreement, HOA, or other
maintenance mechanism will be required to be in place prior to final inspection on the
improvements (Condition 51).
13. Proposed Environmental Determination
Staff has prepared an Environmental Impact Assessment in the form of a Draft Mitigated
Negative Declaration. The document was circulated to the State Clearinghouse, public
agencies and interested members of the public on June 16, 2003. The environmental
documentation provided by the applicant and analyzed by staff has been incorporated into the
environmental documentation. The environmental analysis identified concerns regarding
ITEM NUMBER: 4
DATE: 7-15-03
potential impacts to aesthetics, air quality, biological resource including native tree
protection, cultural resources, geology & soils, hydrology & water quality, land use and
planning, noise, and utility systems. Mitigation measures pertaining these resources are
included. A finding is proposed that this project would not have a significant effect on the
environment based upon the implementation of the identified mitigation measures.
The proposed project represents a consistent General Plan density (maximum 70 units/28
acres), requiring a Planned Development with benefits, as proposed. The applicant has
incorporated mitigation into the proposed project design and concurs with all mitigation
measures contained within the project initial study and this staff report. As a result, a
Mitigated Negative Declaration has been prepared. It is the opinion of staff that combination
of design features incorporated into the proposed project, mitigation measures, and
conditions of approval will reduce any potential environmental impacts to a level of
insignificance.
Staff is recommending the Commission recommend that the City Council certify Proposed
Mitigated Negative Declaration 2003-0016.
Conclusion
The proposed project is consistent with the General Plan and Atascadero Municipal Code, as
analyzed within this staff report. The applicant has proposed design modifications and
agrees with all mitigation measures and conditions of approval, with the possible exception
of adding wvered or trellises entry porches and double or single hung windows, and the
workforce housing requirement without indemnity from the City. It is staff's opinion that the
proposed project, as conditioned allows the Planning Commission to make all of the required
findings for project approval recommendation to the City Council.
ALTERNATIVES
1. The Commission may recommend modifications to the project and/or conditions of
approval for the project to the City council.
2. The Commission may determine that more information is needed on some aspect of
the project and may refer the item back to the applicant and staff to develop the
additional information. The Commission should clearly state the type of information
that is required and move to continue the item to a future date.
3. The Commission may recommend the City Council deny the project. The parcel
would retain its designation of Residential Single -Family - Y. The Commission
should specify the reasons for denial of the project and make an associated finding
with such action.
ITEM NUMBER: 4
DATE: 7-15-03
PREPARED BY: Steve McHarris, Planning Services Manager
ATTACHMENTS:
Attachment 1:
Location Map, Zoning and General Plan
Attachment 2:
Draft Resolution of Approval Proposed Mitigated Negative Declaration
Attachment 3:
Draft Resolution PC 2003-0061 Draft Resolution of Approval of
Proposed PD -19 Overlay - Zone Text Change
Attachment 4:
Draft Resolution of Approval Proposed Zoning Map Change
Attachment 5:
Draft Resolution of Approval Proposed Master Plan of Development
Attachment 6:
Draft Resolution of Approval Proposed Vesting Tentative Parcel Map
ITEM NUMBER: 4
DATE: 7-15-0.1
Attachment 1: Location Map, General Plan and Zoning
Del Rio Road
Graves Creek "
U.S. Highway 101
M
Project
Site
General Plan Conejo Road
SFR -Y
Zoning District
RSF-Y
Planning Commission Resolution 2003-0060
July 15, 2003
Page 1 of 3
ATTACHMENT 2: Draft Resolution PC 2003-0060
PD -7 Master Plan of Development (CUP 2003-0090)IZCH2O03-0040VTPM 2003-0036
Approval of Draft Mitigated Negative Declaration
DRAFT RESOLUTION PC 2003-0060
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ATASCADERO RECOMMENDING THAT THE
CITY COUNCIL CERTIFY PROPOSED MITIGATED NEGATIVE DECLARATION
2003-0011 PREPARED FOR ZONE CHANGE 2003-0056, ZCH 2002-0035,
CONDITIONAL USE PERMIT 2002-0082 AND
TENTATIVE TRACT MAP 2002-0026
APN 049-191-002, 026, 027, 028, 030
(6025, 6049 Del Rio, 6100 Conejo / Midland Pacific)
WHEREAS, an application has been received from Midland Pacific (6955 El
Camino Real, Atascadero, CA 93423) Applicant and Martha Verheyan, (P.O. Box 471,
Atascadero, CA 93423) Property Owner to consider a project consisting of a zone change
from RSF-Y (Residential Single -Family) to RSF-Y/PD-19 (Residential Single -Family with
Planned Development Overlay #19) on a 28 -acre site located at 6025, 6049 Del Rio, 6100
Conejo (APN 049-191-002, 026, 027, 028, 030); and
WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2003-
0011 were prepared for the project and made available for public review in accordance with
the requirements of the California Environmental Quality Act (CEQA); and,
WHEREAS, the Planning Commission of the City of Atascadero held a public
hearing on Tuesday, July 15, 2003 following the close of the review period to consider the
Initial Study and Proposed Mitigated Negative Declaration; and,
NOW, THEREFORE, the Planning Commission of the City of Atascadero, hereby
resolves to recommend that the City Council certify Proposed Mitigated Negative
Declaration 2003-0011 based on the following Findings as shown on Exhibit A:
The Proposed Mitigated Negative Declaration has been completed in
compliance with CEQA; and,
2. The Proposed Mitigated Negative Declaration was presented to the Planning
Commission, and the information contained therein was considered by the
Planning Commission, prior to recommending action on the project for which
it was prepared; and,
The project does not have the potential to degrade the environment when
mitigation measures are incorporated into the project.
Planning Commission Resolution 2003-0060
July 15, 2003
Page 2 of 3
4. The project will not achieve short-term to the disadvantage of long-term
environmental goals.
5. The project does not have impacts which are individually limited, but
cumulatively considerable.
6. The project will not cause substantial adverse effects on human beings either
directly or indirectly.
BE IT FURTHER RESOLVED that a copy of this Resolution be delivered
forthwith by the Planning Commission Secretary to the City Council of the City of
Atascadero.
On motion by Commissioner , and seconded by Commissioner the
foregoing resolution is hereby adopted in its entirety by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ADOPTED:
CITY OF ATASCADERO, CA
Roberta Fonzi
Chairperson
Attest:
Warren M. Frace
Planning Commission Secretary
Planning Commission Resolution 2003-0060
July 15, 2003
Page 3 of 3
Exhibit A Proposed Mitigated Negative Declaration 2003-0011
Planning Commission Resolution 2003-0061
July 15, 2003
Pagel of 4
ATTACHMENT 3: Draft Resolution PC 2003-0061
ZCH 2003-0056
Approval of Proposed PD -19 Overlay - Zone Text Change
DRAFT RESOLUTION PC 2003-0061
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ATASCADERO RECOMMENDING THAT THE CITY COUNCIL AMENDING THE
ZONING CODE TEXT TO CREATE PLANNED DEVELOPMENT OVERLAY
DISTRICT 19 FOR USE IN THE RSF-Y ZONING DISTRICT FOR PARCELS
APN 049-191-002, 026, 027, 028, 030
(6025, 6049 Del Rio, 6100 Conejo / Midland Pacific)
WHEREAS, an application has been received from Midland Pacific (6955 El
Camino Real, Atascadero, CA 93423) Applicant and Martha Verheyan, (P.O. Box 471,
Atascadero, CA 93423) Property Owner to consider a project consisting of a zone change
from RSF-Y (Residential Single -Family) to RSF-Y/PD-19 (Residential Single -Family with
Planned Development Overlay #19) on a 28 -acre site located at 6025, 6049 Del Rio, 6100
Conejo (APN 049-191-002, 026, 027, 028, 030); and
WHEREAS, the site's General Plan Designation is SFR Y (Single -Family
Residential); and,
WHEREAS, the site's current zoning district is RSF-Y (Residential Single -Family;
and,
WHEREAS, General Plan SFR Y land use designation allows for the creation of
single-family planned development projects with a maximum density of 0.5 units per acre
and Zoning Ordinance Article 28 allows Planned Development Overlay zones to be
established to promote orderly and harmonious development and to enhance the opportunity
to best utilize special site characteristics; and,
WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2003-0016
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 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 and expanding housing opportunities within
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,
Planning Commission Resolution 2003-0061
July 15, 2003
Page 2 of 4
WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone
Change application was held by the Planning Commission of the City of Atascadero at which
hearing evidence, oral and documentary, was admitted on behalf of said zoning amendments;
and,
WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing
held on July 15, 2003, studied and considered Zone Change 2003-0056, after first studying
and considering the Draft Mitigated Negative Declaration prepared for the project, and,
NOW, THEREFORE, the Planning Commission takes the following actions:
SECTION 1. Findings for Approval of a Zone Change Creating a PD -19
Planned Development Overlay District. The Planning Commission finds as follows:
Modification of development standards or processing requirements is
warranted to promote orderly and harmonious development.
2. Modification of development standards or processing requirements will
enhance the opportunity to best utilize special characteristics of an area and
will have a beneficial effect on the area.
3. Benefits derived from the overlay zone cannot be reasonably achieved through
existing development standards or processing requirements.
SECTION 2. Recommendation of Approval. The Planning Commission of the
City of Atascadero, in a regular session assembled on July 15, 2003 resolved to recommend
that the City Council introduce for first reading an ordinance that would amend the City
Zoning ordinance with the following:
9-3.662 Establishment of Planned Development Overlay Zone No. 19:
(PD19).
A Planned Development Overlay Zone No. 19 may be established in the RSF-Y single-family
residential zones on parcels APN 049-191-002, 026, 027, 028, and 030 with a combined gross
acreage of 28 acres. The maximum density within the planned development shall not exceed
a gross density of 70 units on the 28 -acre project site. The following development standards
shall be applied to the Planned Development Zone No. 19:
(a) The Master Plan of Development (CUP 2002-0082) for the site shall be approved. All
construction and development shall conform to the approved Master Plan of Development, as
conditioned.
(b) No subsequent tentative parcel or tract map shall be approved unless found to be
consistent with the approved Master Plan of Development.
(c) Each dwelling unit, landscaping, walls and fencing shall be subject to review under the
City's Appearance Review requirements consistent with the approved Master Plan of
Development.
(d) Building setbacks lot sizes, landscape area, and lot coverage shall be as identified within
the approved Master Plan of Development:
Planning Commission Resolution 2003-0061
July 15, 2003
Page 3 of 4
(e) All mechanical equipment, including HVAC units and utility meters, shall be screened from
view from adjacent streets and properties.
(f) Parking for two -resident vehicles shall be provided in a garage with minimum interior
dimensions of twenty (22) feet by twenty (22) feet. A minimum of two guest parking spaces of
at least nine (9) feet by eighteen (20) feet shall be provided on site for each unit. The
driveway area may be used to satisfy the guest parking requirement. On -street parking shall
not be used to satisfy the parking requirements.
(g) All frontyards, street facing sideyards, project perimeter, common areas, and 2:1 slopes
exceeding 5 feet in height shall be landscaped.
(h) Individual trash collection shall be used for each residential unit. Provisions shall be made
for storage of trash cans within the garage or fenced area.
(i) All utilities, including electric, telephone and cable, along the frontage of and within the PD
shall be installed underground.
(j) Alterations or additions to established dwelling units shall be subject to the density
standards of the underlying zone and shall be reviewed pursuant to the City's Appearance
Review Guidelines.
Planning Commission Resolution 2003-0061
July 15, 2003
Page 4 of 4
BE IT FURTHER RESOLVED that a copy of this Resolution be delivered
forthwith by the Planning Commission Secretary to the City Council of the City of
Atascadero.
AYES:
NOES:
ABSENT:
ABSTAIN:
ADOPTED:
CITY OF ATASCADERO, CA
Roberta Fonzi
Chairperson
Attest:
Warren M. Frace
Planning Commission Secretary
Planning Commission Resolution 2003-0062
July 15, 2003
Page 2 of 4
ATTACHMENT 4: Draft Resolution PC 2003-0062
PD -7 Master Plan of Development (CUP 2002-0082)/ZCH2O02-0035
Approval of Proposed Zoning Map Change
DRAFT RESOLUTION PC 2003-0062
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ATASCADERO RECOMMENDING THAT THE
CITY COUNCIL APPROVE ZONE CHANGE 2002-0035, AMENDING THE
OFFICIAL ZONING MAP DESIGNATION OF
APN 049-191-002, 026, 027, 028, 030
FROM RSF-Y to RSF Y/PD-19
(6025, 6049 Del Rio, 6100 Conejo / Midland Pacific)
WHEREAS, an application has been received from Midland Pacific (6955 El
Camino Real, Atascadero, CA 93423) Applicant and Martha Verheyan, (P.O. Box 471,
Atascadero, CA 93423) Property Owner to consider a project consisting of a zone change
from RSF-Y (Residential Single -Family) to RSF-Y/PD-19 (Residential Single -Family with
Planned Development Overlay #19) with the adoption of a Master Plan of Development, and
a 70 lot residential Vesting Tentative Tract Map on a 28 -acre site located at 6025, 6049 Del
Rio, 6100 Conejo (APN 049-191-002, 026, 027, 028, 030); and
WHEREAS, the site's General Plan Designation is SFR Y (Single -Family
Residential); and,
WHEREAS, the site's current zoning district is RSF-Y (Residential Single -Family;
and,
WHEREAS, the Planning Commission has determined that it is in the best interest of
the City to enact this amendment to the Official Zoning Map to protect the health, safety and
welfare of its citizens by applying orderly development of the City; and,
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of
the California Environmental Quality Act (CEQA) have been adhered to; and,
WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone
Change application was held by the Planning Commission of the City of Atascadero at which
hearing evidence, oral and documentary, was admitted on behalf of said Zoning amendments;
and,
WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed
Public Hearing held on Tuesday, July 15, 2003, studied and considered Zone Change 2002-
0035, after first studying and considering the Proposed Mitigated Negative Declaration
prepared for the project, and,
Planning Commission Resolution 2003-0062
July 15, 2003
Page 3 of 4
NOW, THEREFORE, the Planning Commission takes the following actions:
SECTION 1. Findings for Approval of a Zone Change to the Official Zoning
Map of Atascadero Creating a PD -19 Planned Development Overlay District. The
Planning Commission finds as follows:
1. Modification of development standards or processing requirements is warranted
to promote orderly and harmonious development.
2. Modification of development standards or processing requirements will enhance
the opportunity to best utilize special characteristics of an area and will have a
beneficial effect on the area.
Benefits derived from the overlay zone cannot be reasonably achieved through
existing development standards or processing requirements.
4. Proposed plans offer certain redeeming features to compensate for the requested
modification.
SECTION 2. Recommendation of Approval. The Planning Commission of the
City of Atascadero, in a regular session assembled on July 15, 2003, resolved to recommend
that the City Council introduce for first reading an ordinance that would rezone the subject
site consistent with the following:
1. Exhibit A: Zone Change Map
Planning Commission Resolution 2003-0062
July 15, 2003
Page 4 of 4
BE IT FURTHER RESOLVED that a copy of this Resolution be delivered
forthwith by the Planning Commission Secretary to the City Council of the City of
Atascadero.
AYES:
NOES:
ABSENT:
ABSTAIN:
ADOPTED:
CITY OF ATASCADERO, CA
Roberta Fonzi
Chairperson
Attest:
Warren M. Frace
Planning Commission Secretary
Planning Commission Resolution 2003-0062
July 15, 2003
Page 5 of 4
Exhibit A: Zone Change Map 2002-0035
RS
M
Official Zoning Map Change
APN: 049-191-002, 026, 027,
028, and 030
Existing Zone: RSF-Y
Amended Zone: RSF-Y / PD 19
RE
ME
Planning Commission Resolution 2003-0063
July 15, 2003
Page 1 of 43
ATTACHMENT 5: Draft Resolution PC 2003-0063
PD -7 Master Plan of Development (CUP 2002-0082)/ZCH2O02-0035
Approval of Proposed Master Plan of Development
DRAFT RESOLUTION PC 2003-0063
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ATASCADERO RECOMMENDING THAT THE
CITY COUNCIL APPROVE A MASTER PLAN OF DEVELOPMENT
(CONDITIONAL USE PERMIT 2002-0082) FOR A PD -19 OVERLAY ZONE
OF APN 049-191-002, 026, 027, 028, 030
(6025, 6049 Del Rio, 6100 Conejo / Midland Pacific)
WHEREAS, an application has been received from Midland Pacific (6955 El
Camino Real, Atascadero, CA 93423) Applicant and Martha Verheyan, (P.O. Box 471,
Atascadero, CA 93423) Property Owner to consider a project consisting of a zone change
from RSF-Y (Residential Single -Family) to RSF-Y/PD-19 (Residential Single -Family with
Planned Development Overlay #19) with the adoption of a Master Plan of Development, and
a 70 lot residential Vesting Tentative Tract Map on a 28 -acre site located at 6025, 6049 Del
Rio, 6100 Conejo (APN 049-191-002, 026, 027, 028, 030); and
WHEREAS, the site's General Plan Designation is SFR Y (Single -Family
Residential); and,
WHEREAS, the site's current zoning district is RSF-Y (Residential Single -Family;
and,
WHEREAS, the Planning Commission has recommended that a site be rezoned to
include a PD -19 overlay district which requires the adoption of a Master Plan of
Development; and,
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of
the California Environmental Quality Act (CEQA) have been adhered to; and,
WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone
Change application was held by the Planning Commission of the City of Atascadero at which
hearing evidence, oral and documentary, was admitted on behalf of said Master Plan of
Development; and,
WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed
Public Hearing held on Tuesday, July 15, 2003, studied and considered the Master Plan of
Development (CUP 2002-0082), after first studying and considering the Proposed Mitigated
Negative Declaration prepared for the project, and
Planning Commission Resolution 2003-0063
July 15, 2003
Page 2 of 43
NOW, THEREFORE, the Planning Commission takes the following actions:
SECTION 1. Findings for Approval of Master Plan of Development. The
Planning Commission finds as follows:
1. The proposed project or use is consistent with the General Plan and the City's
Appearance Review Manual; and,
2. The proposed project or use satisfies all applicable provisions of the Title (Zoning
Ordinance) including the PD -19 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 July 15, 2003, resolved to recommend
that the City Council approval of the Master Plan of Development (CUP 2002-0082) subject
to the following:
1. EXHIBIT A: Conditions of Approval/ Mitigation Monitoring Program
2. EXHIBIT B: Master Plan of Development Site Plan
3. EXHIBIT C: Statistical Summary of Project
4. EXHIBIT D: Landscape Plan
5. EXHIBIT E: Grading and Drainage Plan
6. EXHIBIT F: Site Section
7. EXHIBIT G: Elevations and Floor Plans: Plan A
8. EXHIBIT H: Elevations and Floor Plans: Plan B
9. EXHIBIT I: Elevations and Floor Plans: Plan C
10. EXHIBIT J: Elevations and Floor Plans: Plan D
11. EXHIBIT K: Elevations and Floor Plans: Plan E
Planning Commission Resolution 2003-0063
July 15, 2003
Page 3 of 43
12. EXHIBIT L: Exterior Color & Material Sample Board
13. EXHIBIT M: Monument Sign Rendering
14. EXHIBIT N: Monument Sign Elevation and Plan
15. EXHIBIT O: Architectural Wood Garage Doors
Planning Commission Resolution 2003-0063
July 15, 2003
Page 4 of 43
BE IT FURTHER RESOLVED that a copy of this Resolution be delivered
forthwith by the Planning Commission Secretary to the City Council of the City of
Atascadero.
AYES:
NOES:
ABSENT:
ABSTAIN:
ADOPTED:
CITY OF ATASCADERO, CA
Roberta Fonzi
Chairperson
Attest:
Warren M. Frace
Planning Commission Secretary
Planning Commission Resolution 2003-0063
July 15, 2003
Page 5 of 43
EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program
PD -19 Master Plan of Development (CUP 2002-0082)/ZCH 2003-0056/ZCH2O02-0035
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
PS: Planning Services
BL: Business License
BS: Building Services
The Colony at Apple Valley
GP: Grading Permit
FD: Fire Department
PD -19 Master Plan of Development
BP: Building Permit
FI: Final Inspection
PD: Police Department
CE: City Engineer
CUP 2002-0082/ZCH 2003-0056/ZCH 2002.0035
TO: Temporary Occupancy
FO: Final Occupancy
WW: Wastewater
CA: City Attorney
Planning Services
1. The approval of this zone change and use permit shall
PS
become final and effective following City Council approval.
2. Approval of this Master Plan of Development shall be valid
FM
PS
concurrently with the life of Tentative Tract Map 2002-
0026 and then indefinitely following final map. The Master
Plan of Development approval shall expire and become
null and void unless a final map is recorded consistent
with the Master Plan of Development.
3. Changes to the Master Plan of Development shall be
On-going
PS
approved by the Planning Commission and do not require
Council action.
4. The Community Development Department shall have the
BP / FM
PS, CE
authority to approve the following minor changes to the
project the (1) modify the site plan project by less than
10%, (2) result in a superior site design or appearance,
and/or (3) address a construction design issue that is not
substantive to the Master Plan of Development. The
Planning Commission shall have the final authority to
approve any other changes to the Master Plan of
Development and any associated Tentative Maps.
5. All subsequent Tentative Tract Map and construction
BP / FM
PS, CE
permits shall be consistent with the Master Plan of
Development contained herein.
6. All exterior elevations, finish materials and colors shall be
BP
PS
consistent with the Master Plan of Development as shown
in Exhibit G, H, I, J, K, L and O with the following
modifications:
■ Proposed homes incorporate additional architectural
embellishments including: Covered or trellises entry
porches, and double or single hung windows;
■ All exterior material finishes (stucco finish, exterior
lighting, garage doors) shall be durable, high quality,
and consistent with the architectural colony
appearance.
Planning Commission Resolution 2003-0063
July 15, 2003
Page 6 of 43
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
PS: Planning Services
BL: Business License
BS: Building Services
The Colony at Apple Valley
GP: Grading Permit
FD: Fire Department
PD -19 Master Plan of Development
BP: Building Permit
FI: Final Inspection
PD: Police Department
CE: City Engineer
CUP 2002-0082/ZCH 2003-0056/ZCH 2002-0035
TO: Temporary Occupancy
F0: Final Occupancy
WW: Wastewater
CA: City Attorney
■ Al trash storage, recycle storage, and air conditioning
units shall be screened fro view behind fenced or
landscaped enclosures;
■ The garage doors shall be architectural grade per
Exhibit O.
7. All site development shall be consistent with the maximum
BP/FM
PS, BS
intensities described in the statistical project summary as
shown on EXHIBIT C.
8. All site work, grading and site improvements shall be
BP/FM
PS, BS, CE
consistent with the Master Plan of Development as shown
in EXHIBIT B, D, E, and F.
9. A final landscape and irrigation plan shall be approved
BP
PS, BS
prior to the issuance of building permits and included as
part of site improvement plan consistent with EXHIBIT D,
and as follows:
■ All exterior meters, air conditioning units and
mechanical equipment shall be screened with
landscape material. Trash/recycle container areas
shall be screened with fencing or landscape.
All front yard areas within the project site shall be
landscaped by the developer;
■ All street frontages along Del Rio Road and Conejo
Road, and common open space areas shall be
landscaped by the developer;
■ Street and Park trees shall be minimum 15 -gallon size
and double staked.
10. The developer shall establish a Benefit Maintenance
District for the maintenance of on-site shared
improvements, including all on-site roads, sidewalks,
street trees, streetlights, drainage facilities, private open
space and common landscaping.
11. All project fencing shall be installed consistent with Exhibit
GP
PS
D subject to the following modifications:
BP
■ The Del Rio Road fence shall include masonry
columns approximately 30 feet on center designed to
match the proposed entry monument sign columns
with matching native stone and pre -cast concrete cap
or moldings.
12. Retaining wall design & material shall match or
compliment the texture and color of the existing or
Planning Commission Resolution 2003-0063
July 15, 2003
Page 7 of 43
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
PS: Planning Services
BL: Business License
BS: Building Services
The Colony at Apple Valley
GP: Grading Permit
FD: Fire Department
BP: Building Permit
PD: Police Department
PD -19 Master Plan of Development
FI: Final Inspection
CE: City Engineer
CUP 2002-0082/ZCH 2003-0056/ZCH 2002-0035
TO: Temporary Occupancy
F0: Final Occupancy
WW: Wastewater
CA: City Attorney
proposed landscape.
13. Apply the following tree mitigation, noting that planting of
native trees may be credited against the following fee
calculation, subject to staff approval: (Mitigation Fee
Table)
Planning Commission Resolution 2003-0063
July 15, 2003
Page 8 of 43
Evergreen Native Trees (inches)
Deciduous Native Trees (inches)
Totals
dbh
dbh notes
1
18 -inches
1
8 -inches
recordation of final map, the applicant shall enter into a
2
9 -inches
2
6 -inches
3
20 -inches
3
6 -inches
4
80 -inches
4
11 -inches
5
5 -inches
5
2 -inches
■ The units shall be offered for sale to residents or
6
7 -inches
6
6 -inches
7
12 -inches
7
10 -inches
8
36 -inches
8
37 -inches
9
5 -inches
9
30 -inches
10
4 -inches
10
5 -inches
11
8 -inches
11
2 -inches
12
12 -inches
12
7 -inches
13
18 -inches
13
3 -inches
14
7 -inches
14
8 -inches
15
8 -inches
15
10 -inches
16
15 -inches
16
16 -inches
17
12 -inches
17
3 -inches
18
5 -inches
18
4 -inches
19
8 -inches
19
4 -inches
20
6 -inches
20
3 -inches
21
14 -inches
22
4 -inches
23
12 -inches
24
16 -inches
25
14 -inches
26
20 -inches
27
4 -inches
28
12 -inches
29
10 -inches
30
21 -inches
31
10 -inches
32
26 -inches
33
7 -inches
34
27 -inches
35
5 -inches
36
13 -inches
37
51 -inches
38
5 -inches
39
7 -inches
40
4 -inches
41
6 -inches
42
5 -inches
43
6 -inches
44
6 -inches
45
7 -inches
Total
607 -inches
Total
181 -inches
788 -inches
Mitigation Requirement
Tree Fund Pavment: $ 5.058.33 Tree Fund Pavment:
3.008.33 1 $ 8.066.67
14. Fourteen units (lots 56 though 70) shall be reserved as
FM, BP
PS, CE
deed restricted affordable unit affordable unit in the
moderate category for a 30 year period. Prior to
recordation of final map, the applicant shall enter into a
legal agreement with the City to reserve 1/2 of the units for
sale to residents or workers within the City of Atascadero,
including the affordable units. The agreement shall
include the following provisions:
■ The units shall be offered for sale to residents or
workers within the City of Atascadero for a minimum
of 60 -days. During this time period offers may only
be accepted from Atascadero residents or workers.
Planning Commission Resolution 2003-0063
July 15, 2003
Page 9 of 43
■ The applicant shall provide reasonable proof to the
City that at least one of the qualified buyers is a
resident or worker within the City Limits of
Atascadero.
■ The Atascadero resident or worker restriction shall
apply to the initial sale only.
■ The applicant shall identify which units will be reserved.
■ The City Attorney shall approve the final form of the
agreement.
15. The project applicant shall establish a Homeowners
Association for project to be funded by residences and to
be responsible for the maintenance, repair and
replacement of all on-site common areas and facilities,
and enforcement of the town house community CC&R's.
CC&R's are required with Final Map. A Maintenance
Benefit District may also be developed by the applicant for
maintenance of all common use facilities.
Building Services
16. 17. A soils investigation prepared by a licensed
BP
FM
Geotechnical Engineer is to be provided for the
project. The report is to be provided at the time of
building permit submittal along with the building plans
for review by the Building Division.
Recommendations contained in the report are to be
incorporated into the project plans.
Fire Marshal
17. Show location of existing and any proposed fire
BP
BS
hydrants.
18. Provide a letter from the Atascadero Mutual Water
BP
BS
Company stating the minimum expected water
available to the site. Amount available must meet
min. requirement specified in the California Fire Code.
19. Note approved address signage is to be provided.
BP
BS
20. Note on plans that fire lanes shall be delineated in
BP
BS
certain areas to restrict parking as required by the
Fire Authority.
City Engineer
Standard Conditions
21. All public improvements shall be constructed in
GP, BP
CE
conformance with the City of Atascadero Engineering
Department Standard Specifications and Drawings
and/or as directed by the City Engineer.
22. In the event that the applicant is allowed to bond for
GP, BP
CE
the public improvements required as a condition of
the final map, the applicant shall enter into a
Subdivision Improvement Agreement with the City
Council.
Planning Commission Resolution 2003-0063
July 15, 2003
Page 10 of 43
23. An engineer's estimate of probable cost shall be
GP, BP
CE
submitted for review and approval by the City
Engineer to determine the amount of the bond.
24. The Subdivision Improvement Agreement shall record
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CE
concurrently with the Final Map.
25. An encroachment permit shall be obtained prior to the
GP, BP
CE
issuance of building permit.
26. The applicant shall enter into a Plan Check/Inspection
GP, BP
CE
agreement with the City.
27. A six (6) foot Public Utility Easement (PUE) shall be
GP, BP
CE
provided where needed.
28. The applicant shall be responsible for the relocation
GP, BP
CE
and/or alteration of existing utilities.
29. The applicant shall install all new utilities (water, gas,
GP, BP
CE
electric, cable TV and telephone) underground.
Utilities shall be extended to the property line frontage
of each lot or its public utility easement.
30. The applicant shall monument all property corners for
GP, BP
CE
construction control and shall promptly replace them
if disturbed.
31. The applicant shall acquire title interest in any off-site
GP, BP
CE
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.
32. Slope easements shall be provided as needed to
GP, BP
CE
accommodate cut of fill slopes.
33. Drainage easements shall be provided as needed to
GP, BP
CE
accommodate both public and private drainage
facilities.
34. A preliminary subdivision guarantee shall be
GP, BP
CE
submitted for review in conjunction with the
processing of the map.
35. All existing and proposed utility, pipeline, open space,
GP, BP
CE
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 show all access restrictions
on the parcel map.
36. The final map shall be signed by the City Engineer
GP, BP
CE
prior to the map being placed on the agenda for City
Council acceptance.
37. Prior to recording the final map, the applicant shall
GP, BP
CE
submit a map drawn in substantial conformance with
the approved tentative map and in compliance with all
conditions set forth herein. The City in accordance
with the Subdivision Map Act and the City's
Planning Commission Resolution 2003-0063
July 15, 2003
Page 11 of 43
Subdivision Ordinance shall submit the map for
review and approval.
38. Prior to recording the final m ap, the applicant shall set
GP, BP
CE
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.
39. Prior to recording the parcel map, the applicant shall
GP, BP
CE
pay all outstanding plan check/inspection fees.
40. Prior to recording the map, the applicant shall
GP, BP
CE
complete all improvements required by these
conditions of approval.
41. Prior to recording the parcel map, the applicant shall
GP, BP
CE
have the map reviewed by all applicable public and
private utility companies (cable, telephone, gas,
electric, Atascadero Mutual Water Company). The
applicant shall obtain a letter from each utility
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.
42. Upon recording the final map, the applicant shall
GP, BP
CE
provide the City with a black line clear Mylar (0.4 mil)
copy and a blue line print of the recorded map and a
digital copy of the map.
43. Prior to the final inspection of any public
GP, BP
CE
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.
44. Prior to the final inspection, the applicant shall submit
GP, BP
CE
a written certification from a registered civil engineer
or land surveyor that all survey monuments have
been set as shown on the final map.
City Engineer
Site Specific Conditions
Drainage:
45. This project drains the post development flow into two
detention basins in the "City Park". The basins will be
designed to detain the 50 -year post development
storm and release a 2 -year predevelopment. The
down stream facilities, Graves Creek, must be able to
handle the 2 -year out flow.
46. All requirements of Section 5 "Storm Drainage" of the
GP, BP
CE
Engineering Department standard specifications and
drawings will be met.
Planning Commission Resolution 2003-0063
July 15, 2003
Page 12 of 43
47. Obtain approval by the City Engineer of the grading &
GP, BP
CE
drainage plan and the storm drain design & facilities.
48. Submit calculations to support the design of any
GP, BP
CE
structures or pipes. Closed conduits shall be
designed to convey the 10 year flow with gravity flow,
the 25 year flow with head, and provide safe
conveyance for the 100 year overflow.
49. Show the method of dispersal at all pipe outlets.
GP, BP
CE
Include specifications for size & type.
50. Show method of conduct to approved off-site
GP, BP
CE
drainage facilities.
51. Concentrated drainage from off-site and onto offsite
GP, BP
CE
areas shall be conveyed across the project site in
drainage easements. Acquire drainage easements
where needed. Drainage shall cross lot lines only
where a drainage easement has been provided.
Frontage Improvements:
52. Conejo Road. The paved surface from Ramona
GP, BP
CE
Road to the cul-de-sac shall be 20 ft minimum per
Engineering Standard 401, Type "A". The cul-de-sac
at the end of the road shall be reconstructed to meet
Engineering Standard 415. The radius will be 40 feet
minimum. All brush in the traveled way will be cleared
along the road. Drainage from the project, along this
road, must be controlled and not impact other
properties.
53. Del Rio Road. This project will construct the following
GP, BP
CE
along the entire project frontage: Construct to Minor
Arterial Standards per the City Engineers direction.
The two-way center turn lane will provide access to
San Ramon Road on both sides of Del Rio Road.
Curb, gutter and sidewalk along the property
frontage. Drainage from the project, along this road,
must be controlled and not impact other properties.
54. All public improvements shall be design by a
GP, BP
CE
registered Civil Engineer and constructed in
conformance with the City of Atascadero Engineering
Department Standard Specifications and Drawings or
as directed by the City Engineer.
Improvement Maintenance:
55. Street Improvements and landscaping.
GP, BP
CE
The following items are the responsibility of this
development to maintain. They may be maintained
through a homeowners association, assessment
district, benefit assessment district, landscaping and
lighting district, City acceptance or other mechanism
to fund and perform short and long term
maintenance. This mechanism must be in place prior
to the final inspection on the improvements.
Planning Commission Resolution 2003-0063
July 15, 2003
Page 13 of 43
a) Street Trees and landscaping on Del Rio
Road, San Ramon Road, Via Huerto Court,
Avenida Manzana and Via Colonia Court
b) Road Improvements including road surface,
curb, gutter and sidewalk and drainage
facilities on San Ramon Road, Via Huerto
Court, Avenida Manzana and Via Colonia
Court
c) "Open Space"
d) The drainage basin in the "City Park".
56. City Park
GP, BP
CE
Incorporated in this project is a passive park. This
park includes lawn area, walking path, picnic tables
and other park features. The developer proposed to
open the park up for public use and have the City of
Atascadero maintain the park. Staff has told the
developer that the City did not adequate funding or
staffing to maintain the park.
Midland Pacific Corp has made the proposal to
provide the City with $50,000.00 annually for 5 years
($250,000.00) to maintain the facility. The
$250,000.00 would be put into 5 interest-bearing
accounts that would mature annually. The funding
would be given to the City annually "provided that the
park has been adequately maintained".
The negative impacts to this proposal is after 5 years
this funding source would be gone and the City would
have to satisfy Midland Pacific Building Corp. that the
park had been "adequately maintained".
Staff has calculated that the park could be maintained
annually for less than $50,000.00. Staff is willing to
support the funding offer if the City did not have to
"prove adequate maintenance". The City is will to
maintain the facility adequately but is concerned
about funding with "strings".
Wastewater
57. The wastewater collection system/pumping station
GP, BP
CE
shall be designed to accommodate the wastewater
collection needs of the entire basin as detailed in the
Pump Station Service Area Map for this project.
58. SSCO 5 shall be eliminated and SS main shall be
GP, BP
CE
extended in a southeasterly direction terminating in a
SSMH in Conejo Road with stubs east and west to
accommodate future SS main extensions along
Conejo Road.
59. Invert elevation of SSMH in Conejo shall be low
GP, BP
CE
enough to provide 0.5% slope in mains terminating at
this MH.
Planning Commission Resolution 2003-0063
July 15, 2003
Page 14 of 43
60. SSMH in Del Rio Road shall be equipped with stubs
GP, BP
CE
to the north and east to accommodate future SS
extensions along San Ramon and Del Rio Roads.
61. SS mains shall be laid out in a straight line between
GP, BP
CE
manholes. Curved sewer lines will be allowed only
under special circumstances.
62. Applicant shall pay sewer Extension (Annexation),
GP, BP
CE
Connection and Reimbursement fees (if applicable)
upon issuance of building permit.
63. Final project inspection shall be contingent upon
GP, BP
CE
completion of the public sewer extension and Public
Works final inspection.
64. Applicant shall have six (6) months from public lift
GP, BP
CE
station/forcemain final inspection to submit accurate
record (as -built) drawings and a lift station
reimbursement map/agreement that has been
approved by the Director of Public Works. After the
six-month deadline, all right to receive reimbursement
from others contributing flow to the lift
station/forcemain shall be waived.
65. Gravity mains within the subdivision shall be eight (8)
GP, BP
CE
inches in diameter.
66. Gravity mains shall terminate in manholes.
GP, BP
CE
67. Whenever possible, sewer mains shall be laid out in a
GP, BP
CE
straight line between structures.
68. Drainage piping serving fixtures which have flood
GP, BP
CE
level rims located below the elevation of the next
upstream manhole cover of the public or private
sewer serving such drainage piping shall be protected
from backflow of sewage by installing an approved
type backwater valve Fixtures above such elevation
shall not discharge through the backwater valve.
69. Final project inspection shall be contingent upon
GP, BP
CE
completion of the public sewer extension and Public
Works final inspection.
70. Applicant shall have six (6) months from public sewer
GP, BP
CE
extension
71. A City of Atascadero Sewer Extension Performance
GP, BP
CE
Agreement shall be executed.
Atascadero Mutual Water Company
72. Prior to the recordation of the Final Parcel Map, the
GP, BP
CE
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.
Planning Commission Resolution 2003-0063
July 15, 2003
Page 15 of 43
73. Prior to the recordation of the Final Map, the applicant
GP, BP
CE
shall obtain a "Will Serve" letter from the Atascadero
Mutual Water Company.
74. Prior to issuance of building permits, the applicant
GP, BP
CE
shall pay all installation and connection fees required
by the Atascadero Mutual Water Company.
75. Show all fire suppression appurtenances required by
GP, BP
CE
the Atascadero Fire Department.
76. Landscaping for common areas shall be drought-
GP, BP
CE
tolerant. The landscaping for common areas shall
conform to the mitigation measures noted in Table 11-
7, Hydrology and Water Quality, of the General Plan
2025. Use of turf grass in common area landscaping
and in other areas shall be kept to a minimum.
Mitigation Measures
Mitigation Measure 1.c.1: The following landscape mitigations
BP
PS, BS, CE
1.c.1
shall apply:
■ Development along Del Rio Road shall be buffered with an
informal landscape theme, meandering pathway, and
compatible project fencing.
■ Development along Conejo Road shall include landscaped
single-family home front yards, street trees, and a
secondary project entrance that will include a landscaped
parkway and center median, preserving a small stand of
native oak trees.
■ The project shall include landscaping of all common areas,
including slopes, streetscapes, residential front yards, and
street trees.
■ Slopes along the eastern property line shall be landscaped
and areas per the site exhibits along the western property
line shall be retained in open space. All on-site retention
basins shall be landscaped with plant materials compatible
with the Graves Creek native plant setting while allowing
the basins to function as engineered for storm water
management.
Mitigation Measure 1.c.2: The proposed homes shall include
BP
PS, BS, CE
1.c.2
the use of earth -tone paint and roof colors designed to blend
with the surrounding semi -rural environment and reduce the
potential for reflected light and glare.
Mitigation Measure 1.d.1: Only pedestrian pathway (bollard
BP
PS, BS, CE
1A.1
style) lighting is proposed. However, if exterior street lighting
is proposed, it shall be limited to intersections only and
designed to eliminate any off site glare. All exterior site lights
shall utilize full cut-off, "hooded" lighting fixtures to prevent
offsite light spillage and glare. Any luminaire pole height shall
not exceed 20 -feet in height, limit intensity to 2.0 foot candles
at ingress/egress, and otherwise 0.6 foot candle minimum to
1.0 maximum within the private street. Fixtures shall be shield
cut-off type and compatible with neighborhood setting, subject
to staff approval.
In addition, individual exterior home -owner lighting shall be
restricted through CC&R's and individual lot deed -restriction to
prohibit high-intensity lighting in excess of one -foot candle,
limited in fixture height to not exceed 10 feet, and utilize full
Planning Commission Resolution 2003-0063
July 15, 2003
Page 16 of 43
cut-off, "hooded" lighting fixtures to prevent offsite light spillage
and glare.
Mitigation Measure 3.b: The project shall be conditioned to
BP, GP
PS, BS, CE
3.b
comply with all applicable District regulations pertaining to the
control of fugitive dust (PM -10) as contained in sections 6.3,
6.4 and 6.5 of the April 2003 Air Quality Handbook.
Section 6.3: Construction Equipment
■ Maintain all construction equipment in proper tune
according to manufacturer's specifications.
■ Fuel all off-road and portable diesel powered equipment,
including but not limited to bulldozers, graders, cranes,
loaders, scrapers, backhoes, generator sets,
compressors, auxiliary power units, with ARB certified
motor vehicle diesel fuel (Non -taxed version suitable for
use off-road).
■ Maximize to the extent feasible, the use of diesel
construction equipment meeting the ARB's 1996 or newer
certification standard for off-road heavy-duty diesel
engines.
■ Install diesel oxidation catalysts (DOC), catalyzed diesels
particulate filters (CDPF) or other District approved
emission reduction retrofit services (Required for projects
grading more than 4.0 acres of continuously worked area).
Section 6.4: Activity Management Techniques
■ Develop a comprehensive construction activity
management plan designed to minimize the amount of
large construction equipment operating during any given
time period.
■ Schedule of construction truck trips during non -peak hours
to reduce peak hour emissions.
■ Limit the length of the construction workday period, if
necessary.
■ Phase construction activities, if appropriate.
Section 6.5: Fugitive PM10
All of the following measures shall be included on grading,
demolition and building plan notes:
A Reduce the amount of the disturbed area where possible.
B. Use of water trucks or sprinkler systems in sufficient
quantities to prevent airborne dust from leaving the site.
Increased watering frequency would be required
whenever wind speeds exceed 15 mph. Reclaimed (non -
potable) water should be used whenever possible.
C. All dirt stockpile areas should be sprayed daily as needed.
D. Permanent dust control measures identified in the
approved project re -vegetation and landscape plans
should be implemented as soon as possible following
completion of any soil disturbing activities.
E. Exposed ground areas that are plann4ed to be reworked
at dates greater than one month after initial grading should
be sown with a fast -germinating native grass seed and
watered until vegetation is established.
F. All disturbed soil areas not subject to re -vegetation should
be stabilized using approved chemical soil binder, jute
netting, or other methods approved in advance by the
APCD.
G. All roadways, driveways, sidewalks, etc, to be paved
should be complete as soon as possible. In addition,
building pads should be laid as soon as possible after
Planning Commission Resolution 2003-0063
July 15, 2003
Page 17 of 43
grading unless seeding or soil binders are used.
H. Vehicle speed for all construction vehicles shall not
exceed 15 mph on any unpaved surface at the
construction site.
I. All trucks hauling dirt, sand, soil, or other loose materials
are to be covered or should maintain at least two feet of
freeboard (minimum vertical distance between top of load
and top of trailer) in accordance with CVC Section 23114.
J. Install wheel washers where vehicles enter and exit
unpaved roads onto streets, or was off trucks and
equipment leaving the site.
K. Sweep streets at the end of each day if visible soil
material is carried onto adjacent paved roads. Water
sweepers with reclaimed water should be used where
feasible.
L. The contractor or builder shall designate a person or
persons to monitor the dust control program and to order
increased watering, as necessary, to prevent transport of
dust off site. The name and telephone number of such
persons shall be provided to the APCD prior to land use
clearance for map recordation and land use clearance for
finish grading of any structure.
Mitigation Measure 4.a: The project shall be conditioned to
BP, GP
PS, BS, CE
4.a
comply with all applicable regulations developed by Morro
Group, Inc. on their biological assessment, May 23, 2002, and
as modified by the June 6, 2003.
Mitigation Measure 4.b.1: The project shall be conditioned to
BP, GP, CA
PS, BS, CE
4.b.1
comply with all applicable regulations developed by Morro
Group, Inc. on their biological assessment, May 23, 2002 and
concurrence letter dated June 6, 2003, pertaining to the
following proper erosion control methods during site
construction. Implementation of the following mitigation
measures prior to and during site construction would further
serve to avoid and/or minimize adverse indirect impacts to
Waters of the U.S. and wetlands within the Graves Creek
corridor:
A. A permanent riparian setback shall be designated near the
Graves Creek corridor to preserve sensitive riparian habitats
and associated sensitive aquatic and semi -aquatic biota. The
setback shall extend from the outer edge of the riparian
corridor, and eastward 100 feet as identified in the Morro
Group 6/6/03 attachment and be conditioned on the
tract/development approval for dedication. All ground
disturbance and development activities to areas located
outside of specified setback should be limited and set aside as
permanent open space. Allowable activities will be specified
by the City Of Atascadero in advance of project
implementation.
B. Siltation/sedimentation control measures of siltation fencing
and erosion control devises shall be placed around the
perimeter of each construction zone with the potential to drain
into Graves Creek, prior to start of the rainy season or
impending rain events. Additional erosion control measures
shall be at the discretion of the biological monitor and shall be
noted on the approved construction/grading plans.
C. The project applicant shall retain a qualified biologist to
conduct a pre -construction survey for MDFW, burrowing owl,
and raptor nests and to report the survey results to the City. A
Planning Commission Resolution 2003-0063
July 15, 2003
Page 18 of 43
note to this effect shall be placed on the approved
construction/grading plans with the provision that CDFG shall
be notified if the pre -construction survey finds the species
present in the area proposed for ground disturbance, and that
construction work is the area shall not proceed without specific
direction from the CDFG.
Pre -construction surveys shall focus on the areas to be
cleared and graded. If MDFW, burrowing owl, or active raptor
nests are confirmed as present on the site, consultation with
CDFG will likely require the following:
Within 72 hours of site grading, a qualified wildlife biologist
shall trap and translocate wood rats from non -grassland
habitats (riparian, oak woodlands, scrub) to be graded. The
qualified biologist prior to trapping shall determine receptor
sites, with consideration given to habitat suitability and
proximity to the project site. Animals may be held in captivity,
at the discretion of the qualified biologist, until such time that
site grading is complete. Animals will then be released to the
project site within suitable habitat, as determined by the
qualified biologist.
D. Earthwork shall be limited to those months within the
established dry weather season (April 15 through October 15).
E. Soil shall not be stockpiled in areas located near the
western project site margin, adjacent to Graves Creek or in
areas with the potential to drain into Graves Creek. Stockpiles
should be properly covered at all times to avoid wind and
water erosion.
F. No heavy equipment shall be allowed within the Graves
Creek corridor. Construction within the Graves Creek corridor
near the bank hinge shall be performed from the top of the
bank.
Mitigation Measure 4.b.2: The applicant shall require the
GP
PS, BS, CE
4.b.2
project biologist to review final design plans for the outfall of
each retention basin into Graves Creek to determine if any
additional impacts or permitting from jurisdictional agencies is
required. A letter from the project biologists shall be prepared
and forwarded to the City for review and approval to this effect.
Mitigation Measure 4.e.1: The building permit site plan shall
GP
PS, BS, CE
4.e.1
identify all protection and enhancement measures
recommended by the Certified Arborist in the Tree Protection
Plan. Tree protection fencing shall be installed at the locations
called out in the Tree Protection Plan.
BP, GP
PS, BS, CE
4.e.2
Mitigation Measure 4.e.2: The developer shall contract with a
certified arborist during all phases of project implementation.
The certified arborists shall be responsible for monitoring the
project during all phases of construction through project
completion, as follows:
(a) A written agreement between the arborist and the
developer outlining a arborist monitoring schedule for
each construction phase through final inspection shall be
submitted to and approved by planning staff prior to the
issuance of building/grading permits.
(b) Arborist shall schedule a pre -construction meeting with
Planning Commission Resolution 2003-0063
July 15, 2003
Page 19 of 43
engineering /planning staff, grading equipment operators,
project superintendent to review the project conditions and
requirements prior to any grubbing or earth work for any
portion of the project site. All tree protection fencing and
trunk protection shall be installed for inspection during the
meeting. Tree protection fencing shall be installed at the
line of encroachment into the tree's root zone area.
(c) As specified by the arborist report and City staff:
■ Park Footpath & Drainage Basin Area: The entire
footpath area shall be fenced off which will include
the detention basins. The centerline of the trail shall
be identified in the field and all brush removal work
shall be done by hand to establish the trail. The trail
borders, storm drain and detention basis locations
shall be fenced off before base is brought in to
construct the trail. All root pruning guidelines below
shall apply. Any pillars to be constructed under the
drip -line shall be hand dug. Each process shall
require arborist monitoring.
■ Fencing: Shall be a minimum of 4' high chain link,
snow or s afety fence staked at the drip -line or line of
encroachment for each tree or group of trees. The
fence must be up before construction or earthmoving
begins. The arborist shall inspect the fence
placement once it is erected. This is mandatory or
this project. Brush removal shall be complete with
hand tools.
■ Soil Aeration Methods: Soils under drip -lines that
have been compacted by heavy equipment and/or
construction activities shall 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 shall
advise.
■ 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.
■ Trenching within the Drip -line: All trenching under
drip -lines of native trees shall be hand dug, augured
or bored. All major roots shall be avoided whenever
possible. All exposed roots larger than 1" in diameter
shall be clean cut with a sharp pruning tool and not
left ragged.
■ Gradina within 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 be required in these areas. Grading should
not disrupt the normal drainage pattern around the
trees. Fills should not create a ponding condition and
excavations should not leave the tree on a rapidly
draining mound.
Planning Commission Resolution 2003-0063
July 15, 2003
Page 20 of 43
■ Exposed Roots: Any exposed roots shall be
recovered the same day they were exposed.
■ Paving within the Drip -line: Pervious surfacing shall
be required within the drip -line of any oak tree that
required paving.
■ Equipment Operations: Vehicles and all heavy
equipment shall not be driven or parked under native
trees.
■ Existing Surfaces: The existing ground surface within
the drip -line of all oak trees shall not be cut, filled,
compacted or pared.
■ Construction materials and waste: No liquid or solid
construction waste shall be dumped on the ground
within the drip -line of any oak tree.
■ Arborist Monitoring: An arborist shall be present for
selected activities (trees identified on the Arborist
Report spreadsheet) and pre -construction fence
placement. The monitoring does not necessarily
have to be continuous but observational at times
during the above activities.
■ Pre -Construction Meeting: An on-site pre -
construction meeting with the Arborist, owner,
planning staff, and the earth moving team shall be
required for this project. Prior to final occupancy, a
letter from the arborist shall be required verifying the
health/condition of all impacted trees and providing
any recommendations for any additional mitigation.
The letter shall verify that the arborist was on site for
all grading and/or trenching activity that encroached
into the dripaine of the selected native trees, and that
all work done in these areas was completed to the
standards set forth above.
(d) Upon project completion and prior to final occupancy a
final status report shall be prepared by the project arborist
certifying that the tree protection plan was implemented, the
trees designated for protection were protected during
construction, and the construction -related tree protection
measures are no longer required for tree protection.
Mitigation Measure 5.b.1: Should any cultural resources be
GP
BS
5.b.1
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 5.b.2: Any additional mitigation m easures
GP
PS, BS, CE
5.b.2
recommended by the project cultural resource consultant,
resulting from completion of Phase II testing or from on-site
monitoring of earth disturbance activities shall be forwarded to
the City in the form of a mitigation monitoring program for site
development, and shall be incorporated into the proposed
project prior to project approval.
Planning Commission Resolution 2003-0063
July 15, 2003
Page 21 of 43
Mitigation Measure 6.b: The grading permit application plans
GP
PS, BS, CE
6.b
shall include erosion control measures to prevent soil, dirt, and
debris from entering the storm drain system during and after
construction. A separate plan shall be submitted for this
purpose and shall be subject to review and approval of the City
Engineer at the time of Building Permit application.
Mitigation Measure 6.c: A soils report shall be required to be
BP, GP
PS, BS, CE
6.c
submitted with a future building permit by the building
department.
Mitigation Measure 8e.f.1: A Stormwater Pollution Prevention
GP
PS, BS, CE
8e.f.1
Plan (SWPPP)/Erosion Control Plan shall be submitted and
approved by the City Engineer prior to the issuance of the
building permit. The plan shall include storm water measures
for the operation and maintenance of the project for the review
and approval of the City Engineer. The Building Permit
application plans shall identify Best Management Practices
(BMPs) appropriate to the uses conducted on site that
effectively prohibit the entry of pollutants into storm water
runoff.
Mitigation Measure 8.e.f.2: The developer is responsible for
GP
PS, BS, CE
8.e.f.2
ensuring that all contractors are aware of all storm water
quality measures and that such measures are implemented.
Failure to comply with the approved construction Best
Management Practices will result in the issuance of correction
notices, citations, or stop orders.
Mitigation Measure 11.d: All construction activities shall
BP, GP
PS, BS, CE
11.d
comply with the City of Atascadero Noise Ordinance for hours
of operation, and as follows:
Construction activities shall be limited to the following hours of
operation:
• 7 a.m. to 7 p.m. Monday through Friday
• 9 a.m. to 6 p.m. Saturday
• No construction on Sunday
Further, particularly loud noises shall not occur before 8 a.m.
on weekdays and not at all on weekends.
The Community Development Director upon a determination
that unusually loud construction activities are having a
significant impact on the neighbors may modify the hours of
construction.
Failure to comply with the above-described hours of operation
may result in withholding of inspections and possible
construction prohibitions, subject to the review and approval of
the Community Development Director.
A sign shall be posted on-site with the hours of operation and
a telephone number of the person to be contacted in the event
of any violations. Staff shall approve the details of such a sign
during the Grading Plan/Building Permit review process.
Mitigation Measure 16.c: Points of concentrated drainage into
GP
PS, BS, CE
16.c
Graves Creek shall be addressed by the project biologist and
engineer, and subject to review and approval as identified in
the Biology section of this initial study.
Planning Commission Resolution 2003-0063
July 15, 2003
Page 22 of 43
EXHIBIT B: Master Plan of Development Site Plan
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1
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R���-" ,NO
i� 11101Ir
WIV40,101
M U OR
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Planning Commission Resolution 2003-0063
July 15, 2003
Page 23 of 43
EXHIBIT C: Statistical Summary of Project
Proposed Project Summary
Plan Number
Area
Square Feet
Plan 1466
Living
1,466
Garage
478
Plan 1595
Living
1,595
Garage
460
Plan 2114 (two options)
Living
2,114
Garage
712
Plan 2289 (two options)
Living
2,289
Garage
722
Plan 2680 (two options)
Living
2,630
Garage
735
Planning Commission Resolution 2003-0063
July 15, 2003
Page 26 of 43
EXHIBIT D: Landscape Plan
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Planning Commission Resolution 2003-0063
July 15, 2003
Page 28 of 43
EXHIBIT D: Landscape Plan
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Planning Commission Resolution 2003-0063
July 15, 2003
Page 31 of 43
EXHIBIT F: Site Section
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Planning Commission Resolution 2003-0063
July 15, 2003
Page 32 of 43
EXHIBIT G: - ELEVATIONS AND FLOOR PLANS - PLAN A
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Planning Commission Resolution 2003-0063
July 15, 2003
Page 33 of 43
EXHIBIT H: ELEVATIONS AND FLOOR PLANS - PLAN B
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Planning Commission Resolution 2003-0063
July 15, 2003
Page 34 of 43
EXHIBIT I: ELEVATIONS AND FLOOR PLANS - PLAN C
Planning Commission Resolution 2003-0063
July 15, 2003
Page 35 of 43
EXHIBIT I: ELEVATIONS AND FLOOR PLANS - PLAN C
Planning Commission Resolution 2003-0063
July 15, 2003
Page 36 of 43
EXHIBIT J: ELEVATIONS AND FLOOR PLANS - PLAN D
Planning Commission Resolution 2003-0063
July 15, 2003
Page 37 of 43
EXHIBIT J: ELEVATIONS AND FLOOR PLANS - PLAN D
Planning Commission Resolution 2003-0063
July 15, 2003
Page 38 of 43
EXHIBIT K: ELEVATIONS AND FLOOR PLANS - PLAN E
Planning Commission Resolution 2003-0063
July 15, 2003
Page 39 of 43
EXHIBIT K: ELEVATIONS AND FLOOR PLANS - PLAN E
Planning Commission Resolution 2003-0063
July 15, 2003
Page 40 of 43
EXHIBIT L: EXTERIOR COLOR & MATERIAL SAMPLE BOARD
Planning Commission Resolution 2003-0063
July 15, 2003
Page 41 of 43
EXHIBIT M: MONUMENT SIGN RENDERING
MIDLAND PACIFIC
BUILDING CORP.
6935 EL C,AMINO REAL
ATASCADERO
CA 93422
� I
The 010Y1 at
Ayyle Valley
ENTRY MONUMENT SIGNAGE
THE COLONY AT APPLE VALLEY LA P_ -'s
xnsc�rc.
aetiuTT. <ruR[
ATASCADERO, CA AND PANNING
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Imp.
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suu wrcomro
June 2, 2003 aowmu!*1
Planning Commission Resolution 2003-0063
July 15, 2003
Page 42 of 43
EXHIBIT N: MONUMENT SIGN
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Planning Commission Resolution 2003-0063
July 15, 2003
Page 43 of 43
°XHIBIT O: ARCHITECTURAL GARAGE DOORS
digit,il
showroom
Clopay Sem Cust�
Reserve Co:lection
Artisan Custom
Wood Doors
Clopay Res4acn! a
Steel Doors
CI*ay 11 Atlas
COmnx-mal Door's
ARTISAN CUSTOM WOOD DOORS
Planning Commission Resolution 2003-0064
July 15, 2003
Page 1 of 20
ATTACHMENT 6: Draft Resolution PC 2003-0064
PD -19 Master Plan of Development (CUP 2003-0082)/ZCH2O02-0035/TTM2002-0026
Approval of Proposed Vesting Tentative Tract Map
DRAFT RESOLUTION PC 2003-0064
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ATASCADERO RECOMMENDING THAT THE
CITY COUNCIL APPROVE VESTING TENTATIVE TRACT MAP 2003-0026,
A SEVENTY LOT MAP CONSISTENT WITH A PD -19 OVERLAY ZONE
OF APN 049-191-002, 026, 027, 028, 030
(6025, 6049 Del Rio, 6100 Conejo / Midland Pacific)
WHEREAS, an application has been received from Midland Pacific (6955 El
Camino Real, Atascadero, CA 93423) Applicant and Martha Verheyan, (P.O. Box 471,
Atascadero, CA 93423) Property Owner to consider a project consisting of a zone change
from RSF-Y (Residential Single -Family) to RSF-Y/PD-19 (Residential Single -Family with
Planned Development Overlay #19) with the adoption of a Master Plan of Development, and
a 70 lot residential Vesting Tentative Tract Map on a 28 -acre site located at 6025, 6049 Del
Rio, 6100 Conejo (APN 049-191-002, 026, 027, 028, 030); and
WHEREAS, the site's General Plan Designation is SFR Y (Single -Family
Residential); and,
WHEREAS, the site's current zoning district is RSF-Y (Residential Single -Family;
and,
WHEREAS, the Planning Commission has recommended that a site be rezoned to
include a PD -19 overlay with a Master Plan of Development thereby allowing a 70- 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
Parcel Map application was held by the Planning Commission of the City of Atascadero at
which hearing evidence, oral and documentary, was admitted on behalf of said application;
and,
WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed
Public Hearing held on July 15, 2003, studied and considered Tentative Tractl Map 2002-
0026, after first studying and considering the Proposed Mitigated Negative Declaration
prepared for the project; and,
Planning Commission Resolution 2003-0064
July 15, 2003
Page 2 of 20
NOW, THEREFORE, the Planning Commission takes the following actions:
Section 1. Findings of Approval for Tentative Parcel Map, the Planning
Commission of the City of Atascadero finds as follows:
1. The proposed subdivision, as conditioned, is consistent with the General Plan and
applicable zoning requirements.
2. The design and improvement of the proposed subdivision is consistent with the
General Plan and applicable zoning requirements.
The proposed subdivision, as conditioned, is consistent with the proposed Planned
Development Overlay District #19 Master Plan of Development (CUP 2002-
0082).
4. The site is physically suitable for the type of development proposed.
5. The site is physically suitable for the density of development proposed.
6. The design and improvement of the proposed subdivision will not cause
substantial environmental damage or substantially and unavoidably injure fish and
wildlife or their habitat.
7. The design of the subdivision will not conflict with easements acquired by the
public at large for access through, or the use of property within, the proposed
subdivision; or substantially equivalent alternative easements are provided.
Covenants, Conditions and Restrictions (CC&R's) shall be required that
incorporate the planned development conditions of approval to ensure that the site
retains the proposed qualities (colony- influenced architecture, colors, materials,
street amenities, fencing, and landscaping) over time.
9. The proposed subdivision design and type of improvements proposed will not be
detrimental to the health, safety or welfare of the general public.
SECTION 2. Recommendation of Approval. The Planning Commission of the
City of Atascadero, in a regular session assembled on April 15, 2003, resolved to recommend
that the City Council approval of Vesting Tentative Parcel Map (TTM 2002-0026) subject to
the following:
1. Exhibit A: Vesting Tentative Tract Map 2002-0026
2. Exhibit B: Conditions of Approval / Mitigation Monitoring Program.
Planning Commission Resolution 2003-0064
July 15, 2003
Page 3 of 20
BE IT FURTHER RESOLVED that a copy of this Resolution be delivered
forthwith by the Planning Commission Secretary to the City Council of the City of
Atascadero.
AYES:
NOES:
ABSENT:
ABSTAIN:
ADOPTED:
CITY OF ATASCADERO, CA
Roberta Fonzi
Chairperson
Attest:
Warren M. Frace
Planning Commission Secretary
Planning Commission Resolution 2003-0064
July 15, 2003
Page 4 of 20
Exhibit A: Vesting Tentative Tract Map 2002-0026
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Planning Commission Resolution 2003-0064
July 15, 2003
Page 5 of 20
Exhibit B: Conditions Of Approval / Mitigation Monitoring Program
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
GP: Grading Permit
PS: Planning Services
BP: Building Permit
BS: Building Services
The Colony at Apple Valley
SIP: Subdivision
FD: Fire Department
Vesting Tentative Tract Map
Improvement Fans
FM: Final Map
PD: Police Department
CE: City Engineer
TTM 2002-0026
TO: Temporary Occupancy
FI: Final inspection
WW: Wastewater
CA: City Attorney
F0: Final Occupancy
AMWC: Water Comp.
Planning Services
1. The approval of this Tentative Parcel Map shall not
FM
PS
become final and effective following approval of Zone
Change 2002-0035 and CUP 2002-0026.
2. Approval of this Tentative Parcel Map shall be valid for
FM
PS
two years after its effective date. At the end of the
period, the approval shall expire and become null and
void unless an extension of time is granted pursuant to
a written request received prior to the expiration date.
3. The Community Development Department shall have
FM
PS
the authority to approve minor changes to the project
that (1) result in a superior site design or appearance,
and/or (2) address a design issue that is not substantive
to the Tentative Tract Map and that the Final Map is in
substantial conformance with the Tentative Map.
4. The Tract Map shall be subject to additional fees for
FM
PS
park or recreation purposes (QUIMBY Act) as required
by City Ordinance.
5. The applicant shall record CC&R's for the subdivision
FM
PS
subject to the review and approval of the City Engineer,
City Attorney and Planning Services. The CC&R's shall
identify the maintenance responsibilities of all private
driveways, sewer facilities, drainage facilities, common
parking areas, site lighting, landscape areas, fencing,
and other common facilities. The CC&R's shall also
state that all exterior colors, exterior materials, yard
fencing and site landscaping shall be consistent with the
overall master plan of development.
6. The granting of this entitlement shall apply to the
On going
PS
property located at 6025, 6049 Del Rio Road, 6100
Conejo Road (APN 049-191-002, 026,027, 028, and
030) regardless of owner.
7. The Final Map shall be drawn in substantial
FM
PS
conformance with the approved tentative map, and in
compliance with all conditions set forth herein, shall be
submitted for review and approval in accordance with
the Subdivision Map Act and the City's Subdivision
Ordinance.
8. The subdivider shall defend, indemnify, and hold
FM
PS
harmless the City of Atascadero or its agents, officers,
Planning Commission Resolution 2003-0064
July 15, 2003
Page 6 of 20
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
GP: Grading Permit
PS: Planning Services
BP: Building Permit
BS: Building Services
The Colony at Apple Valley
SIP: Subdivision
FD: Fire Department
Vesting Tentative Tract Map
Improvement Fans
FM: Final Map
PD: Police Department
CE: City Engineer
TTM 2002-0026
TO: Temporary Occupancy
Fl: Final inspection
WW Wastewater
CA: City Attorney
F0: Final Occupancy
AMWC: Water Comp.
and employees against any claim or action brought to
challenge an approval by the city, or any of its entities,
concerning the subdivision.
9. Fourteen units (lots 56 though 70) shall be reserved as
FM
PS
deed restricted affordable unit affordable unit in the
moderate category for a 30 year period. Prior to
recordation of final map, the applicant shall enter into a
legal agreement with the City to reserve 1/2 of the units
for sale to residents or workers within the City of
Atascadero, including the affordable units. The
agreement shall include the following provisions:
■ The units shall be offered for sale to residents or
workers within the City of Atascadero for a minimum
of 60 -days. During this time period offers may only
be accepted from Atascadero residents or workers.
■ The applicant shall provide reasonable proof to the
City that at least one of the qualified buyers is a
resident or worker within the City Limits of
Atascadero.
■ The Atascadero resident or worker restriction shall
apply to the initial sale only.
■ The applicant shall identify which units will be reserved.
10. The City Attorney shall approve the final form of the
agreement.
11. Apply the following tree mitigation, noting that
GP
PS,CE
planting of native trees may be credited against the
following fee calculation, subject to staff approval:
(Mitigation Fee Table)
Planning Commission Resolution 2003-0064
July 15, 2003
Page 7 of 20
Evergreen Native Trees (inches)
Deciduous Native Trees (inches)
Totals
dbh
FM
dbh notes
1
18 -inches
1
8 -inches
project. The report is to be provided at the time of
2
9 -inches
2
6 -inches
3
20 -inches
3
6 -inches
4
80 -inches
4
11 -inches
5
5 -inches
5
2 -inches
Fire Marshal
6
7 -inches
6
6 -inches
FM
7
12 -inches
7
10 -inches
8
36 -inches
8
37 -inches
9
5 -inches
9
30 -inches
10
4 -inches
10
5 -inches
11
8 -inches
11
2 -inches
12
12 -inches
12
7 -inches
13
18 -inches
13
3 -inches
14
7 -inches
14
8 -inches
15
8 -inches
15
10 -inches
16
15 -inches
16
16 -inches
17
12 -inches
17
3 -inches
18
5 -inches
18
4 -inches
19
8 -inches
19
4 -inches
20
6 -inches
20
3 -inches
21
14 -inches
22
4 -inches
23
12 -inches
24
16 -inches
25
14 -inches
26
20 -inches
27
4 -inches
28
12 -inches
29
10 -inches
30
21 -inches
31
10 -inches
32
26 -inches
33
7 -inches
34
27 -inches
35
5 -inches
36
13 -inches
37
51 -inches
38
5 -inches
39
7 -inches
40
4 -inches
41
6 -inches
42
5 -inches
43
6 -inches
44
6 -inches
45
7 -inches
Total
607 -inches
Total
181 -inches
788 -inches
Mitigation Requirement
Tree Fund Pavment: $ 5.058.33 Tree Fund Pavment:
3.008.33 1 $ 8.066.67
Building Services
11. A soils investigation prepared by a licensed
FM
CE
Geotechnical Engineer is to be provided for the
project. The report is to be provided at the time of
building permit submittal along with the building plans
for review by the Building Division.
Recommendations contained in the report are to be
incorporated into the project plans.
Fire Marshal
12. A minimum 12' paved with 16' total clear width access
FM
CE
with a minimum head clearance of 13'-6" is to be
Planning Commission Resolution 2003-0064
July 15, 2003
Page 8 of 20
provided to each building location. Sixteen -foot clear
width may be provided with use of turf block along the
south side for emergency vehicle access.
13. Show location of existing and any proposed fire
FM
CE
hydrants.
14. Provide a letter from the Atascadero Mutual Water
FM
CE
Company stating the minimum expected water
available to the site. Amount available must meet
minimum requirement specified in the California Fire
Code.
15. Note that approved address signage is to be
FM
CE
provided.
16. Note on plans that certain fire lanes shall be
FM
CE
delineated to restrict parking as required by the Fire
Authority.
City Engineer
Standard Conditions
17. All public improvements shall be constructed in
GP, BP
CE
conformance with the City of Atascadero Engineering
Department Standard Specifications and Drawings
and/or as directed by the City Engineer.
18. In the event that the applicant is allowed to bond for
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the public improvements required as a condition of
the final map, the applicant shall enter into a
Subdivision Improvement Agreement with the City
Council.
19. An engineer's estimate of probable cost shall be
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submitted for review and approval by the City
Engineer to determine the amount of the bond.
20. The Subdivision Improvement Agreement shall record
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concurrently with the Final Map.
21. An encroachment permit shall be obtained prior to the
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issuance of building permit.
22. The applicant shall enter into a Plan Check/Inspection
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agreement with the City.
23. A six (6) foot Public Utility Easement (PUE) shall be
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provided where needed.
24. The applicant shall be responsible for the relocation
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and/or alteration of existing utilities.
25. The applicant shall install all new utilities (water, gas,
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electric, cable TV and telephone) underground.
Utilities shall be extended to the property line frontage
of each lot or its public utility easement.
26. The applicant shall monument all property corners for
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construction control and shall promptly replace them
if disturbed.
27. The applicant shall acquire title interest in any off-site
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land that may be required to allow for the construction
of the improvements. The applicant shall bear all
Planning Commission Resolution 2003-0064
July 15, 2003
Page 9 of 20
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.
28. Slope easements shall be provided as needed to
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accommodate cut of fill slopes.
29. Drainage easements shall be provided as needed to
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accommodate both public and private drainage
facilities.
30. A preliminary subdivision guarantee shall be
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submitted for review in conjunction with the
processing of the map.
31. All existing and proposed utility, pipeline, open space,
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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 show all access restrictions
on the parcel map.
32. The final map shall be signed by the City Engineer
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prior to the map being placed on the agenda for City
Council acceptance.
33. Prior to recording the final map, the applicant shall
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submit a map drawn in substantial conformance with
the approved tentative map and in compliance with all
conditions set forth herein. The City in accordance
with the Subdivision Map Act and the City's
Subdivision Ordinance shall submit the map for
review and approval.
34. Prior to recording the final map, the applicant shall set
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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.
35. Prior to recording the parcel map, the applicant shall
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CE
pay all outstanding plan check/inspection fees.
36. Prior to recording the map, the applicant shall
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complete all improvements required by these
conditions of approval.
37. Prior to recording the parcel map, the applicant shall
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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.
38. Upon recording the final map, the applicant shall
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CE
provide the City with a black line clear Mylar (0.4 mil)
Planning Commission Resolution 2003-0064
July 15, 2003
Page 10 of 20
copy and a blue line print of the recorded map and a
digital copy of the map.
39. Prior to the final inspection of any public
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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.
40. Prior to the final inspection, the applicant shall submit
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a written certification from a registered civil engineer
or land surveyor that all survey monuments have
been set as shown on the final map.
City Engineer
Site Specific Conditions
Drainage:
41. This project drains the post development flow into two
detention basins in the "City Park". The basins will be
designed to detain the 50 -year post development
storm and release a 2 -year predevelopment. The
down stream facilities, Graves Creek, must be able to
handle the 2 -year out flow.
42. All requirements of Section 5 "Storm Drainage" of the
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Engineering Department standard specifications and
drawings will be met.
43. Obtain approval by the City Engineer of the grading &
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drainage plan and the storm drain design & facilities.
44. Submit calculations to support the design of any
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structures or pipes. Closed conduits shall be
designed to convey the 10 year flow with gravity flow,
the 25 year flow with head, and provide safe
conveyance for the 100 year overflow.
45. Show the method of dispersal at all pipe outlets.
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Include specifications for size & type.
46. Show method of conduct to approved off-site
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drainage facilities.
47. Concentrated drainage from off-site and onto offsite
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areas shall be conveyed across the project site in
drainage easements. Acquire drainage easements
where needed. Drainage shall cross lot lines only
where a drainage easement has been provided.
Frontage Improvements:
48. Conejo Road. The paved surface from Ramona
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CE
Road to the cul-de-sac shall be 20 ft minimum per
Engineering Standard 401, Type "A". The cul-de-sac
at the end of the road shall be reconstructed to meet
Engineering Standard 415. The radius will be 40 feet
minimum. All brush in the traveled way will be cleared
along the road. Drainage from the project, along this
road, must be controlled and not impact other
properties.
Planning Commission Resolution 2003-0064
July 15, 2003
Page 11 of 20
49. Del Rio Road. This project will construct the following
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along the entire project frontage: Construct to Minor
Arterial Standards per the City Engineers direction.
The two-way center turn lane will provide access to
San Ramon Road on both sides of Del Rio Road.
Curb, gutter and sidewalk along the property
frontage. Drainage from the project, along this road,
must be controlled and not impact other properties.
50. All public improvements shall be design by a
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registered Civil Engineer and constructed in
conformance with the City of Atascadero Engineering
Department Standard Specifications and Drawings or
as directed by the City Engineer.
Improvement Maintenance:
51. Street Improvements and landscaping.
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The following items are the responsibility of this
development to maintain. They may be maintained
through a homeowners association, assessment
district, benefit assessment district, landscaping and
lighting district, City acceptance or other mechanism
to fund and perform short and long term
maintenance. This mechanism must be in place prior
to the final inspection on the improvements.
a. Street Trees and landscaping on Del Rio
Road, San Ramon Road, Via Huerto Court,
Avenida Manzana and Via Colonia Court
b. Road Improvements including road surface,
curb, gutter and sidewalk and drainage
facilities on San Ramon Road, Via Huerto
Court, Avenida Manzana and Via Colonia
Court
c. "Open Space"
d. The drainage basin in the "City Park".
Planning Commission Resolution 2003-0064
July 15, 2003
Page 12 of 20
52. City Park
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Incorporated in this project is a passive park. This
park includes lawn area, walking path, picnic tables
and other park features. The developer proposed to
open the park up for public use and have the City of
Atascadero maintain the park. Staff has told the
developer that the City did not adequate funding or
staffing to maintain the park.
Midland Pacific Corp has made the proposal to
provide the City with $50,000.00 annually for 5 years
($250,000.00) to maintain the facility. The
$250,000.00 would be put into 5 interest-bearing
accounts that would mature annually. The funding
would be given to the City annually "provided that the
park has been adequately maintained".
The negative impacts to this proposal is after 5 years
this funding source would be gone and the City would
have to satisfy Midland Pacific Building Corp. that the
park had been "adequately maintained".
Staff has calculated that the park could be maintained
annually for less than $50,000.00. Staff is willing to
support the funding offer if the City did not have to
"prove adequate maintenance". Tie City is will to
maintain the facility adequately but is concerned
about funding with "strings".
Wastewater
53. The wastewater collection system/pumping station
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shall be designed to accommodate the wastewater
collection needs of the entire basin as detailed in the
Pump Station Service Area Map for this project.
54. SSCO 5 shall be eliminated and SS main shall be
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extended in a southeasterly direction terminating in a
SSMH in Conejo Road with stubs east and west to
accommodate future SS main extensions along
Conejo Road.
55. Invert elevation of SSMH in Conejo shall be low
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enough to provide 0.5% slope in mains terminating at
this MH.
56. SSMH in Del Rio Road shall be equipped with stubs
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to the north and east to accommodate future SS
extensions along San Ramon and Del Rio Roads.
57. SS mains shall be laid out in a straight line between
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manholes. Curved sewer lines will be allowed only
under special circumstances.
58. Applicant shall pay sewer Extension (Annexation),
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Connection and Reimbursement fees (if applicable)
upon issuance of building permit.
59. Final project inspection shall be contingent upon
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completion of the public sewer extension and Public
Works final inspection.
Planning Commission Resolution 2003-0064
July 15, 2003
Page 13 of 20
60. Applicant shall have six (6) months from public lift
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station/forcemain final inspection to submit accurate
record (as -built) drawings and a lift station
reimbursement map/agreement that has been
approved by the Director of Public Works. After the
six-month deadline, all right to receive reimbursement
from others contributing flow to the lift
station/forcemain shall be waived.
61. Gravity mains within the subdivision shall be eight (8)
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inches in diameter.
62. Gravity mains shall terminate in manholes.
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63. Whenever possible, sewer mains shall be laid out in a
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straight line between structures.
64. Drainage piping serving fixtures which have flood
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level rims located below the elevation of the next
upstream manhole cover of the public or private
sewer serving such drainage piping shall be protected
from backflow of sewage by installing an approved
type backwater valve Fixtures above such elevation
shall not discharge through the backwater valve.
65. Final project inspection shall be contingent upon
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completion of the public sewer extension and Public
Works final inspection.
66. Applicant shall have six (6) months from public sewer
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extension
67. A City of Atascadero Sewer Extension Performance
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Agreement shall be executed.
Atascadero Mutual Water Company
68. Prior to the recordation of the Final Parcel Map, the
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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.
69. Prior to the recordation of the Final Map, the applicant
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shall obtain a "Will Serve" letter from the Atascadero
Mutual Water Company.
70. Prior to issuance of building permits, the applicant
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shall pay all installation and connection fees required
by the Atascadero Mutual Water Company.
71. Show all fire suppression appurtenances required by
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the Atascadero Fire Department.
72. Landscaping for common areas shall be drought-
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tolerant. The landscaping for common areas shall
conform to the mitigation measures noted in Table 11-
7, Hydrology and Water Quality, of the General Plan
2025. Use of turf grass in common area landscaping
and in other areas shall be kept to a minimum.
Mitigation Measures
Planning Commission Resolution 2003-0064
July 15, 2003
Page 14 of 20
Mitigation Measure 1.c.1: The following landscape mitigations
BP
PS, BS, CE
1.c.1
shall apply:
■ Development along Del Rio Road shall be buffered with an
informal landscape theme, meandering pathway, and
compatible project fencing.
■ Development along Conejo Road shall include landscaped
single-family home front yards, street trees, and a
secondary project entrance that will include a landscaped
parkway and center median, preserving a small stand of
native oak trees.
■ The project shall include landscaping of all common areas,
including slopes, streetscapes, residential front yards, and
street trees.
■ Slopes along the eastern property line shall be landscaped
and areas per the site exhibits along the western property
line shall be retained in open space. All on-site retention
basins shall be landscaped with plant materials compatible
with the Graves Creek native plant setting while allowing
the basins to function as engineered for storm water
management.
Mitigation Measure 1.c.2: The proposed homes shall include
BP
PS, BS, CE
1.c.2
the use of earth -tone paint and roof colors designed to blend
with the surrounding semi -rural environment and reduce the
potential for reflected light and glare.
Mitigation Measure 1.d.1: Only pedestrian pathway (bollard
BP
PS, BS, CE
1.d.1
style) lighting is proposed. However, if exterior street lighting
is proposed, it shall be limited to intersections only and
designed to eliminate any off site glare. All exterior site lights
shall utilize full cut-off, "hooded" lighting fixtures to prevent
offsite light spillage and glare. Any luminaire pole height shall
not exceed 20 -feet in height, limit intensity to 2.0 foot candles
at ingress/egress, and otherwise 0.6 foot candle minimum to
1.0 maximum within the private street. Fixtures shall be shield
cut-off type and compatible with neighborhood setting, subject
to staff approval.
In addition, individual exterior home -owner lighting shall be
restricted through CC&R's and individual lot deed -restriction to
prohibit high-intensity lighting in excess of one -foot candle,
limited in fixture height to not exceed 10 feet, and utilize full
cut-off, "hooded" lighting fixtures to prevent offsite light spillage
and glare.
Mitigation Measure 3.b: The project shall be conditioned to
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PS, BS, CE
3.b
comply with all applicable District regulations pertaining to the
control of fugitive dust (PM -10) as contained in sections 6.3,
6.4 and 6.5 of the April 2003 Air Quality Handbook.
Section 6.3: Construction Equipment
■ Maintain all construction equipment in proper tune
according to manufacturer's specifications.
■ Fuel all off-road and portable diesel powered equipment,
including but not limited to bulldozers, graders, cranes,
loaders, scrapers, backhoes, generator sets,
compressors, auxiliary power units, with ARB certified
motor vehicle diesel fuel (Non -taxed version suitable for
use off-road).
Planning Commission Resolution 2003-0064
July 15, 2003
Page 15 of 20
■ Maximize to the extent feasible, the use of diesel
construction equipment meeting the ARB's 1996 or newer
certification standard for off-road heavy-duty diesel
engines.
■ Install diesel oxidation catalysts (DOC), catalyzed diesels
particulate filters (CDPF) or other District approved
emission reduction retrofit services (Required for projects
grading more than 4.0 acres of continuously worked area).
Section 6.4: Activity Management Techniques
■ Develop a comprehensive construction activity
management plan designed to minimize the amount of
large construction equipment operating during any given
time period.
■ Schedule of construction truck trips during non -peak hours
to reduce peak hour emissions.
■ Limit the length of the construction workday period, if
necessary.
■ Phase construction activities, if appropriate.
Section 6.5: Fugitive PM10
All of the following measures shall be included on grading,
demolition and building plan notes:
L. Reduce the amount of the disturbed area where possible.
M. Use of water trucks or sprinkler systems in sufficient
quantities to prevent airborne dust from leaving the site.
Increased watering frequency would be required
whenever wind speeds exceed 15 mph. Reclaimed (non -
potable) water should be used whenever possible.
N. All dirt stockpile areas should be sprayed daily as needed.
O. Permanent dust control measures identified in the
approved project re -vegetation and landscape plans
should be implemented as soon as possible following
completion of any soil disturbing activities.
P. Exposed ground areas that are plann4ed to be reworked
at dates greater than one month after initial grading should
be sown with a fast -germinating native grass seed and
watered until vegetation is established.
Q. All disturbed soil areas not subject to re -vegetation should
be stabilized using approved chemical soil binder, jute
netting, or other methods approved in advance by the
APCD.
R. All roadways, driveways, sidewalks, etc, to be paved
should be complete as soon as possible. In addition,
building pads should be laid as soon as possible after
grading unless seeding or soil binders are used.
S. Vehicle speed for all construction vehicles shall not
exceed 15 mph on any unpaved surface at the
construction site.
T. All trucks hauling dirt, sand, soil, or other loose materials
are to be covered or should maintain at least two feet of
freeboard (minimum vertical distance between top of load
and top of trailer) in accordance with CVC Section 23114.
U. Install wheel washers where vehicles enter and exit
unpaved roads onto streets, or was off trucks and
equipment leaving the site.
V. Sweep streets at the end of each day if visible soil
material is carried onto adjacent paved roads. Water
sweepers with reclaimed water should be used where
feasible.
L. The contractor or builder shall designate a person or
persons to monitor the dust control program and to order
Planning Commission Resolution 2003-0064
July 15, 2003
Page 16 of 20
increased watering, as necessary, to prevent transport of
dust off site. The name and telephone number of such
persons shall be provided to the APCD prior to land use
clearance for map recordation and land use clearance for
finish grading of any structure.
Mitigation Measure 4.a: The project shall be conditioned to
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PS, BS, CE
4.a
comply with all applicable regulations developed by Morro
Group, Inc. on their biological assessment, May 23, 2002, and
as modified by the June 6, 2003.
Mitigation Measure 4.b.1: The project shall be conditioned to
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PS, BS, CE
4.b.1
comply with all applicable regulations developed by Morro
Group, Inc. on their biological assessment, May 23, 2002 and
concurrence letter dated June 6, 2003, pertaining to the
following proper erosion control methods during site
construction. Implementation of the following mitigation
measures prior to and during site construction would further
serve to avoid and/or minimize adverse indirect impacts to
Waters of the U.S. and wetlands within the Graves Creek
corridor:
A. A permanent riparian setback shall be designated near the
Graves Creek corridor to preserve sensitive riparian habitats
and associated sensitive aquatic and sem i -aquatic biota. The
setback shall extend from the outer edge of the riparian
corridor, and eastward 100 feet as identified in the Morro
Group 6/6/03 attachment and be conditioned on the
tract/development approval for dedication. All ground
disturbance and development activities to areas located
outside of specified setback should be limited and set aside as
permanent open space. Allowable activities will be specified
by the City Of Atascadero in advance of project
implementation.
B. Siltation/sedimentation control measures of siltation fencing
and erosion control devises shall be placed around the
perimeter of each construction zone with the potential to drain
into Graves Creek, prior to start of the rainy season or
impending rain events. Additional erosion control measures
shall be at the discretion of the biological monitor and shall be
noted on the approved construction/grading plans.
C. The project applicant shall retain a qualified biologist to
conduct a pre -construction survey for MDFW, burrowing owl,
and raptor nests and to report the survey results to the City. A
note to this effect shall be placed on the approved
construction/grading plans with the provision that CDFG shall
be notified if the pre -construction survey finds the species
present in the area proposed for ground disturbance, and that
construction work is the area shall not proceed without specific
direction from the CDFG.
Pre -construction surveys shall focus on the areas to be
cleared and graded. If MDFW, burrowing owl, or active raptor
nests are confirmed as present on the site, consultation with
CDFG will likely require the following:
Within 72 hours of site grading, a qualified wildlife biologist
shall trap and translocate wood rats from non -grassland
habitats (riparian, oak woodlands, scrub) to be graded. The
qualified biologist prior to trapping shall determine receptor
sites, with consideration given to habitat suitability and
proximity to the project site. Animals may be held in captivity,
Planning Commission Resolution 2003-0064
July 15, 2003
Page 17 of 20
at the discretion of the qualified biologist, until such time that
site grading is complete. Animals will then be released to the
project site within suitable habitat, as determined by the
qualified biologist.
D. Earthwork shall be limited to those months within the
established dry weather season (April 15 through October 15).
E. Soil shall not be stockpiled in areas located near the
western project site margin, adjacent to Graves Creek or in
areas with the potential to drain into Graves Creek. Stockpiles
should be properly covered at all times to avoid wind and
water erosion.
F. No heavy equipment shall be allowed within the Graves
Creek corridor. Construction within the Graves Creek corridor
near the bank hinge shall be performed from the top of the
bank.
Mitigation Measure 4.b.2: The applicant shall require the
GP
PS, BS, CE
4.b.2
project biologist to review final design plans for the outfall of
each retention basin into Graves Creek to determine if any
additional impacts or permitting from jurisdictional agencies is
required. A letter from the project biologists shall be prepared
and forwarded to the City for review and approval to this effect.
Mitigation Measure 4.e.1: The building permit site plan shall
GP
PS, BS, CE
4.e.1
identify all protection and enhancement measures
recommended by the Certified Arborist in the Tree Protection
Plan. Tree protection fencing shall be installed at the locations
called out in the Tree Protection Plan.
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4.e.2
Mitigation Measure 4.e.2: The developer shall contract with a
certified arborist during all phases of project implementation.
The certified arborists shall be responsible for monitoring the
project during all phases of construction through project
completion, as follows:
(a) A written agreement between the arborist and the
developer outlining a arborist monitoring schedule for
each construction phase through final inspection shall be
submitted to and approved by planning staff prior to the
issuance of building/grading permits.
(b) Arborist shall schedule a pre -construction meeting with
engineering /planning staff, grading equipment operators,
project superintendent to review the project conditions and
requirements prior to any grubbing or earth work for any
portion of the project site. All tree protection fencing and
trunk protection shall be installed for inspection during the
meeting. Tree protection fencing shall be installed at the
line of encroachment into the tree's root zone area.
(c) As specified by the arborist report and City staff:
■ Park Footpath & Drainage Basin Area: The entire
footpath area shall be fenced off which will include
the detention basins. The centerline of the trail shall
be identified in the field and all brush removal work
shall be done by hand to establish the trail. The trail
borders, storm drain and detention basis locations
shall be fenced off before base is brought in to
Planning Commission Resolution 2003-0064
July 15, 2003
Page 18 of 20
construct the trail. All root pruning guidelines below
shall apply. Any pillars to be constructed under the
drip -line shall be hand dug. Each process shall
require arborist monitoring.
■ Fencing: Shall be a minimum of 4' high chain link,
snow or safety fence staked at the drip line or line of
encroachment for each tree or group of trees. The
fence must be up before construction or earthmoving
begins. The arborist shall inspect the fence
placement once it is erected. This is mandatory or
this project. Brush removal shall be complete with
hand tools.
■ Soil Aeration Methods: Soils under drip -lines that
have been compacted by heavy equipment and/or
construction activities shall 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 shall
advise.
■ 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.
■ Trenching within the Drip -line: All trenching under
drip -lines of native trees shall be hand dug, augured
or bored. All major roots shall be avoided whenever
possible. All exposed roots larger than 1" in diameter
shall be clean cut with a sharp pruning tool and not
left ragged.
■ Grading within 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 be required in these areas. Grading should
not disrupt the normal drainage pattern around the
trees. Fills should not create a ponding condition and
excavations should not leave the tree on a rapidly
draining mound.
■ Exposed Roots: Any exposed roots shall be
recovered the same day they were exposed.
■ Paving within the Drip -line: Pervious surfacing shall
be required within the drip -line of any oak tree that
required paving.
■ E ui ment Operations: Vehicles and all heavy
equipment shall not be driven or parked under native
trees.
■ Existing Surfaces: The existing ground surface within
the drip -line of all oak trees shall not be cut, filled,
compacted or pared.
■ Construction materials and waste: No liquid or solid
Planning Commission Resolution 2003-0064
July 15, 2003
Page 19 of 20
construction waste shall be dumped on the ground
within the drip -line of any oak tree.
■ Arborist Monitoring: An arborist shall be present for
selected activities (trees identified on the Arborist
Report spreadsheet) and pre -construction fence
placement. The monitoring does not necessarily
have to be continuous but observational at times
during the above activities.
■ Pre -Construction Meeting: An on-site pre -
construction meeting with the Arborist, owner,
planning staff, and the earth moving team shall be
required for this project. Prior to final occupancy, a
letter from the arborist shall be required verifying the
health/condition of all impacted trees and providing
any recommendations for any additional mitigation.
The letter shall verify that the arborist was on site for
all grading and/or trenching activity that encroached
into the drip -line of the selected native trees, and that
all work done in these areas was completed to the
standards set forth above.
(d) Upon project completion and prior to final occupancy a
final status report shall be prepared by the project arborist
certifying that the tree protection plan was implemented, the
trees designated for protection were protected during
construction, and the construction -related tree protection
measures are no longer required for tree protection.
Mitigation Measure 5.b.1: Should any cultural resources be
GP
BS
5.b.1
unearthed during site development work, the provisions of
CEQA -Section 15064.5, will be followed to reduce im pacts to
a non-significant level.
Mitigation Measure 5.b.2: Any additional mitigation measures
GP
PS, BS, CE
5.b.2
recommended by the project cultural resource consultant,
resulting from completion of Phase II testing or from on-site
monitoring of earth disturbance activities shall be forwarded to
the City in the form of a mitigation monitoring program for site
development, and shall be incorporated into the proposed
project prior to project approval.
Mitigation Measure 6.b: The grading permit application plans
GP
PS, BS, CE
6.b
shall include erosion control measures to prevent soil, dirt, and
debris from entering the storm drain system during and after
construction. A separate plan shall be submitted for this
purpose and shall be subject to review and approval of the City
Engineer at the time of Building Permit application.
Mitigation Measure 6.c: A soils report shall be required to be
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PS, BS, CE
6.c
submitted with a future building permit by the building
department.
Planning Commission Resolution 2003-0064
July 15, 2003
Page 20 of 20
Mitigation Measure 8e.f.1: A Stormwater Pollution Prevention
GP
PS, BS, CE
8e.f.1
Plan (SWPPP)/Erosion Control Plan shall be submitted and
approved by the City Engineer prior to the issuance of the
building permit. The plan shall include storm water measures
for the operation and maintenance of the project for the review
and approval of the City Engineer. The Building Permit
application plans shall identify Best Management Practices
(BMPs) appropriate to the uses conducted on site that
effectively prohibit the entry of pollutants into storm water
runoff.
Mitigation Measure 8.e.f.2: The developer is responsible for
GP
PS, BS, CE
8.e.f.2
ensuring that all contractors are aware of all storm water
quality measures and that such measures are implemented.
Failure to comply with the approved construction Best
Management Practices will result in the issuance of correction
notices, citations, or stop orders.
Mitigation Measure 11.d: All construction activities shall
BP, GP
PS, BS, CE
11.d
comply with the City of Atascadero Noise Ordinance for hours
of operation, and as follows:
Construction activities shall be limited to the following hours of
operation:
• 7 a.m. to 7 p.m. Monday through Friday
• 9 a.m. to 6 p.m. Saturday
• No construction on Sunday
Further, particularly loud noises shall not occur before 8 a.m.
on weekdays and not at all on weekends.
The Community Development Director upon a determination
that unusually loud construction activities are having a
significant impact on the neighbors may modify the hours of
construction.
Failure to comply with the above-described hours of operation
may result in withholding of inspections and possible
construction prohibitions, subject to the review and approval of
the Community Development Director.
A sign shall be posted on-site with the hours of operation and
a telephone number of the person to be contacted in the event
of any violations. Staff shall approve the details of such a sign
during the Grading Plan/Building Permit review process.
Mitigation Measure 16.c: Points of concentrated drainage into
GP
PS, BS, CE
16.c
Graves Creek shall be addressed by the project biologist and
engineer, and subject to review and approval as identified in
the Biology section of this initial study.
Planning Commission Resolution 2003-0064
July 15, 2003
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