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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 �c�laGW�u■ - wS'iti ;wu I ' ilrlll �� s Final Map 2002-0029 Page 3 of 3 { P y All SolEi Communi 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. _ 3 I Proposed Residence i�.' I � o � I -%. I ��� � �' � � �I �� I • •;rte {� I' g' 1{ .I � j T > I I `� � � 1 •ani � '�' 1 � i k nr .J� it �� I F I '� I � � � a r � / k� •: I I 1 � i - 11 3 Trees Proposed for Removal _�: / /, , l .� I r i � 11 / I �• JO L J b 8 I ' 1/28/2003 3" exp' '^' C-SR.doc 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 _7&.7 LL \ 5 g - sr I � I I � o �� :�:.I �;m = I �I �, II Ix t• �,�$��I a I i� II�,I I �a'IIII I IL-tr, z 6 I l o I i I � I � i� I u\ �� ..�• I '� IM � � !M 1 !IIS �— ' I i \i IS +^b�5rie^E — � � k ✓ y(`! . ,A A s�;P`��'Y'_ II ( � (� �m i L a -12-421 21 L 1+ : 5 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 2144 A h 2289 A W w 2630 A ^" 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. �'x6' n000 B.iYO MO-l.D:b 6' MOM wLL 6- C' „.:M• -42-c IT COAL C�- OC -O.--M. -R �s►.:o-nwos� �oo►�aar o:w .ta.+-0a -OOT« ="A MOW4T N CA= O..OTOCB- -O OPv4TZ 0`0 0 p p a 'Ck �HYAt Vak a 141.0' t•r Entry Monument Sign 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. P � ��� �e 60 I frr i�,f, r �I W r : P�f i 4W_ w 114 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 GP, BP 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 [iIM 1 I a L440, R���-" ,NO i� 11101Ir WIV40,101 M U OR ��SO #1 .o, *,-L-1 i' lo> R 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 1 "ate- NP qw �`� �.. .tet ��Wd.�ar'�\ ��, •_� r ,\ MW' � l wnZ ' .a��-m' {' �;�,� �n a• a �- r• ' �` '� sr .Ri;,'a`.ry': ' rr ..,SIA; `,. • .iii. ���r�"`�Rc...; � c+i:•�'r�.:• . • � �/� ,�►. iii` WOOOO Jill I P e; rH 11111111 if FpI mil'i Mil llt� 11,111 Jill I go ? a c s � (( e � a Fill 1 � �a.o-a•a<,,6 S S a p v€ S S a o a� a a a a a: a a a a a Planning Commission Resolution 2003-0063 July 15, 2003 Page 28 of 43 EXHIBIT D: Landscape Plan I ♦ � \ ���1. ,` �- 'ice" �• � �Jl�.� 1.. J��-�� _ _ ���►^'q/� � OI!:MAN �w��iiu��nlN•� 1, �_���_�)�•ri ��--MM N I.1���. N��_E_y Ii 4Mi• MW I ,`"� - 1 k PUN ��Uq' �1 Planning Commission Resolution 2003-0063 July 15, 2003 Page 31 of 43 EXHIBIT F: Site Section Pq It Planning Commission Resolution 2003-0063 July 15, 2003 Page 32 of 43 EXHIBIT G: - ELEVATIONS AND FLOOR PLANS - PLAN A IIIIIIIIIIII'IIIVllllll IIIIIIIIIIII IIIIIIIIIIII r%'.�`. , ��'- ■I•• ii Ililpi�llll IIIIIIIIIIIIIIIIIIIIIIllllillllllIIIIIIIIIIII ���no II e0e IIIIIIIIIIII'IIIVllllll IIIIIIIIIIII IIIIIIIIIIII r%'.�`. , ��'- ■I•• ii Ililpi�llll IIIIIIIIIIIIIIIIIIIIIIllllillllllIIIIIIIIIIII ���no II Planning Commission Resolution 2003-0063 July 15, 2003 Page 33 of 43 EXHIBIT H: ELEVATIONS AND FLOOR PLANS - PLAN B r El lm LU LU 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 emaa.asov Imp. .uzr u�u�no a suu wrcomro June 2, 2003 aowmu!*1 Planning Commission Resolution 2003-0063 July 15, 2003 Page 42 of 43 EXHIBIT N: MONUMENT SIGN I' jljl�j .jx—, II I��II I� TI �'� S �-j .� 9 A'X6' A= 5F.AYS cRO-Q;:0I>4 6" IRON Y%A:L — L r -M PANTIV BLACK QEC96= :\TO HALL rW OANDBLAOTED r:N:OM CONC. WALL Mu OT.= 1:AC60- — oQS•CAOT CONC CAP OQ VOLONCe. -YO. — NA -:VH 6-O'X `/E\EEQ OVIQ COW'. BLOCK 0 0 �; Ayyle Valley ' � . I9 — tO LP.:Cv-TING: KIM 850061201CPV O:6N LIGHTM (BOT -4 OIDEO) MOLNT N CONC. (2'OQx1loJ. o-+OTOCiL. TO OPWAT[ W -V 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 rrrAS,<k� . s• ill���llllllull,4t��rtq���� ,``,,//1 r������� �,���� . /. ��� �.1��s ��rr''�'�� 1 I [;�j R +!a A �, r W!► +i a► r r:s //���IIII,� -- .� :.�.. � FII,, ����(�Illll s // iii�,.�'I`d�i�� i i�� l'f � .fit �. •`�f���@e �:A&A /, '111 � �� cal _: `".�i II'� �.. ��.,!� �r� Q \�i�/�i►� .� , � y��.�✓ . S- f •�JE ,{���►�'Il17 a4r�( ��M - ` .� s ■�� A 11 ffwFiaw /rl /� a _ � G �' 47 J+r,� • �� i ! t iia 4.. �//%f L Fig pI # ,►jig _ - A- . ...����rs�a.� 21 -� II I(Ij "'+f� i�� R/J�tn r r li►� s'. MFS r7 r n�i,� ►`� Tills" r - f�sblia+►- 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 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. 19. 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. 20. The Subdivision Improvement Agreement shall record GP, BP CE concurrently with the Final Map. 21. An encroachment permit shall be obtained prior to the GP, BP CE issuance of building permit. 22. The applicant shall enter into a Plan Check/Inspection GP, BP CE agreement with the City. 23. A six (6) foot Public Utility Easement (PUE) shall be GP, BP CE provided where needed. 24. The applicant shall be responsible for the relocation GP, BP CE and/or alteration of existing utilities. 25. 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. 26. The applicant shall monument all property corners for GP, BP CE construction control and shall promptly replace them if disturbed. 27. 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 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 GP, BP CE accommodate cut of fill slopes. 29. Drainage easements shall be provided as needed to GP, BP CE accommodate both public and private drainage facilities. 30. A preliminary subdivision guarantee shall be GP, BP CE submitted for review in conjunction with the processing of the map. 31. 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. 32. 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. 33. 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 Subdivision Ordinance shall submit the map for review and approval. 34. Prior to recording the final map, 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. 35. Prior to recording the parcel map, the applicant shall GP, BP CE pay all outstanding plan check/inspection fees. 36. Prior to recording the map, the applicant shall GP, BP CE complete all improvements required by these conditions of approval. 37. 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. 38. Upon recording the final map, the applicant shall GP, BP 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 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. 40. 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: 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 GP, BP CE Engineering Department standard specifications and drawings will be met. 43. Obtain approval by the City Engineer of the grading & GP, BP CE drainage plan and the storm drain design & facilities. 44. 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. 45. Show the method of dispersal at all pipe outlets. GP, BP CE Include specifications for size & type. 46. Show method of conduct to approved off-site GP, BP CE drainage facilities. 47. 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: 48. 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. Planning Commission Resolution 2003-0064 July 15, 2003 Page 11 of 20 49. 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. 50. 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: 51. 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. 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 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". Tie City is will to maintain the facility adequately but is concerned about funding with "strings". Wastewater 53. 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. 54. 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. 55. Invert elevation of SSMH in Conejo shall be low GP, BP CE enough to provide 0.5% slope in mains terminating at this MH. 56. 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. 57. 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. 58. Applicant shall pay sewer Extension (Annexation), GP, BP CE Connection and Reimbursement fees (if applicable) upon issuance of building permit. 59. Final project inspection shall be contingent upon GP, BP CE 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 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. 61. Gravity mains within the subdivision shall be eight (8) GP, BP CE inches in diameter. 62. Gravity mains shall terminate in manholes. GP, BP CE 63. Whenever possible, sewer mains shall be laid out in a GP, BP CE straight line between structures. 64. 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. 65. Final project inspection shall be contingent upon GP, BP CE completion of the public sewer extension and Public Works final inspection. 66. Applicant shall have six (6) months from public sewer GP, BP CE extension 67. A City of Atascadero Sewer Extension Performance GP, BP CE Agreement shall be executed. Atascadero Mutual Water Company 68. 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. 69. 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. 70. 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. 71. Show all fire suppression appurtenances required by GP, BP CE the Atascadero Fire Department. 72. 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 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 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). 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 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 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. 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 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 BP, GP 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 Page 21 of 20