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HomeMy WebLinkAboutPC_2003-08-19_AgendaPacketCITY OFATASCADERO PLANNING COMMISSION AGENDA Regular Meeting August 19, 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 AUGUST 5, 2003. COMMUNITY DEVELOPMENT STAFF REPORTS 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).) 2. TO BE CONTINUTED TO A DATE UNCERTAIN: RECONSIDERATION OF CUP 2000-0022,6125 SAN ANSELMO AVENUE TOURIST COMMERCIAL PROJECT Applicant: Jim Shores & Diane Norton, P.O. Box 216, Atascadero, CA 93423 Project Title: San Anselmo Avenue Tourist Commercial Project Reconsideration of Conditional Project Title: Use Permit 2000-0022 for installation of a shade structure over the vacuum unit islands of a previously approved carwash facility. Project 6125 San Anselmo Road, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 049-225-024 Project The proposed project is a reconsideration of an approved Conditional Use Permit to Description: allow for installation of a shade structure over a portion of a carwash facility. General Plan Designation: GC (General Commercial) Project Zoning District: (CT) Commercial Tourist 3. ZCH/SPECIFIC PLAN 2003-0041, TTM 2003-0027 WOODLANDS SPECIFIC PLAN (CONTINUED FROM MEETING OF AUGUST 5, 2003.) Applicant: R.W. Hertel & Sons, Inc. 5200 Telegraph Road, Ventura, CA, 93003, Phone: 805/339-0388 Project Title: Woodlands Specific Plan- Zone Change 2003-0041, Tentative Tract Map 2003-0027, including a 143 -lot single—family subdivision, 135 multi -family residential units, 3.5 -acre service commercial site, and 54.4 acres of open space. Project Halcon Road, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 045-311-001, 045-401-015, 045-401-016, 045-411-001, 045-412-001 Project The proposed project is a specific plan rezone and Tentative Tract Map Description: which includes a total of 278 residential units comprised of 28 small lot single-family, 94 standard lot single-family, 21 estate lot single-family, and 135 multi -family residential units with 54.4 acres of landscaped and natural oak woodlands open space and nature trails on the overall 120 -acre site. The multi -family residential units include 9 bonus units requested under the City's General Plan Policy 2.1.2 for exceptionally high design quality. The project also includes a 3.5 -acre site designated for Service Commercial use. The site contains approx. 22,000 native oak trees of which 1,321 (approx. 6%) are proposed for removal. General Plan Desi ng ation: (SFR -X) Single -Family Residential -X, (SFR -Y) Single -Family Residential -Y, (HDR) High Density Residential, (GC) General Commercial, (OS) Open Space. Zoning- District: (RS) 4. ZCH 2003-0040, CUP 2003-0090, VESTING TPM 2003-0036 Applicant: Residential Suburban Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration is Environmental proposed. The proposed Mitigated Negative Declaration is available for public review Determination through 8/19/03 at 6500 Palma Avenue, Community Development Department, from Location: 8:00 a.m. to 5:00 p.m., Monday through Friday. 4. ZCH 2003-0040, CUP 2003-0090, VESTING TPM 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 Project Permit 2003-0090, Vesting Tentative Parcel Map 2003-0036 for a 4 -unit PD- Location: P 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, Description: Conditional Use Permit, and 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 Environmental proposed. The proposed Negative Declaration is available for public review Determination through 8/19/03 at 6500 Palma Avenue, Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. 5. CONDITIONAL USE PERMIT 2002-0077 Applicant: Cingular Wireless 3345 Michelson Drive Ste 100, Irvine, CA 92612, Phone: (949) 437-8655. Project Title: Conditional Use Permit 2002-0077, Telecommunication Facility. Project 13740 Falcon Rd, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 055-361-020. Project The project consists of an application to construct two panel antennas on one Description: new 15 -foot pole, and install a 24' x 8' equipment shelter. The poles, antennas, and equipment shelter will be painted a natural brown tone to blend with the hillside and native vegetation. Native landscaping is also included as part of the project. The building site is moderate to steeply COMMISSIONER COMMENTS & REPORTS DIRECTOR'S REPORT ADJOURNMENT The next regular meeting of the Planning Commission will be September 2, 2003 at City Hall in the 4th 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. \\CityhaII\CDvlpmnt\- PC Agendas\PC 2003\PC Agenda. 08-19-03.word.am.doc sloped and covered primarily with native shrubs and grasses. The site will utilize existing access from a private road off of Palo Verde and Highway 41. General Plan Designation: Rural Estates Zoning District: Residential Suburban Proposed Environmental Determination COMMISSIONER COMMENTS & REPORTS DIRECTOR'S REPORT ADJOURNMENT The next regular meeting of the Planning Commission will be September 2, 2003 at City Hall in the 4th 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. \\CityhaII\CDvlpmnt\- PC Agendas\PC 2003\PC Agenda. 08-19-03.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: 08/19/03 CITY OFATASCADERO PLANNING COMMISSION MINUTES Regular Meeting August 5, 2003 — 7:00 P.M. CALL TO ORDER Chairperson Fonzi called the meeting to order at 7:03 p.m. and Commissioner Beraud led the Pledge of Allegiance. ROLL CALL Present: Commissioners Bentz, Beraud, Jones, O'Keefe, Porter, Vice Chairperson Kelley and Chairperson Fonzi Absent: None Staff: Community Development Director Warren Frace, City Engineer Steve Kahn, Planning Services Manager Steve McHarris, Assistant Planner Kelly Davis, Associate Planner Kerry Margason, Fire Captain Roland Snow and Recording Secretary Grace Pucci. APPROVAL OF AGENDA MOTION: By Commissioner Bentz and seconded by Commissioner Jones to approve the agenda. AYES: Commissioners Bentz, Jones, Beraud, O'Keefe, Porter, Kelley and Chairperson Fonzi NOES: None ABSTAIN: None Motion passed 7.0 by a roll -call vote. PUBLIC COMMENT None CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON JULY 15, 2003. MOTION: By Commissioner Beraud and seconded by Commissioner Porter to approve the Consent Calendar. AYES: Commissioners Beraud, Porter, O'Keefe, Bentz, Jones and Chairperson Fonzi NOES: None ABSTAIN: Vice Chairperson Kelley Motion passed 6:0 by a roll -call vote. PUBLIC HEARINGS 4. ZCH/Specific Plan 2003-0041, TTM 2003-0027 Applicant: R.W. Hertel & Sons, Inc. 5200 Telegraph Road, Ventura, CA, 93003, Phone: 805/339-0388 Project Title: Woodlands Specific Plan- Zone Change 2003-0041, Tentative Tract Map 2003-0027, including a 143 -lot single—family subdivision, 135 multi -family residential units, 3.5 -acre service commercial site, and 54.4 acres of open space. Project Halcon Road, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 045-311-001, 045-401-015, 045-401-016, 045-411-001, 045-412-001 Project The proposed project is a specific plan rezone and Tentative Tract Map Description: which includes a total of 278 residential units comprised of 28 small lot single-family, 94 standard lot single-family, 21 estate lot single-family, and 135 multi -family residential units with 54.4 acres of landscaped and natural oak woodlands open space and nature trails on the overall 120 -acre site. The multi -family residential units include 9 bonus units requested under the City's General Plan Policy 2.1.2 for exceptionally high design quality. The project also includes a 3.5 -acre site designated for Service Commercial use. The site contains approx. 22,000 native oak trees of which 1,321 (approx. 6%) are proposed for removal. General Plan Desi ation: (SFR -X) Single -Family Residential -X, (SFR -Y) Single -Family Residential -Y, (HDR) High Density Residential, (GC) General Commercial, (OS) Open Space. Zoning District: (RS) Residential Suburban. There was a brief Commission discussion regarding continuing the vote only on this item to the next Planning Commission meeting. Chairperson Fonzi stated that there was a great deal of information received on this item by the Commission at a late date and there should be adequate time available to study the material. There was Commission consensus to leave the decision on continuing the vote on this item open until later in the evening. Eric Greening, 7365 Valle, stated that he had read the staff report available to the public in the library on Monday, but as he is now hearing there is other information to be considered in this hearing that was not available to the public, he urged the Commission to not take action at this time and to make any new information available to the public. Planning Services Manager Steve McHarris provided the staff report with City Engineer Steve Kahn and both answered questions of the Commission. The following corrections to the staff report were included for the Commission: 1. Project is 120 acres. 2. RSF-3 estate lots shall be subject to staff design review (Delete Condition #13, Page 124), add SFR -3 to Condition #9, #10 and #11 page 124. 3. Change Condition # 26 page 126 and TTM # 13 page 162) lower right hand box from "1" to "4". 4. Condition # 63 page 130 and TTM #29 page 166 last bullet item should read "Santa Barbara Road/San Antonio Road". 5. Add new condition that MRF be included into Phase I Development. 6. Delete condition 88 page 133 and TTM #74 page 168. 7. Inclusionary Housing Table (Page 33) and Exhibit has been revised. 8. Slopes of 5' or greater shall be landscaped, not 10 feet. 9. "Via Camino" is actually Viejo Camino in traffic report & mitigation. Bob Fowler, Vice President R.W. Hertel & Sons, Inc., applicant, thanked staff for being so helpful in putting the project together and providing an excellent staff report. Mr. Fowler introduced John Knight, RRM Design Group and the rest of the project team. Mr. Knight made a formal presentation on behalf of the applicant (Exhibit A) and with Mr. Fowler answered questions of the Commission. Bob Fowler discussed the issue of inclusionary housing. He indicated that inclusionary housing was not dealt with at the time they began design for this project and made application to the City. They attempted to design the project in accordance with the guidelines as set forth in the General Plan, and therefore designed this project with multiple tiers of housing product, which they felt would address the affordability issues. Since the project has been going through the process, the City has adopted an inclusionary policy. Because of the way the project is designed it would be difficult to change the design to increase density. He proposed an alternate affordability percentage, which he reviewed in detail for the Commission. Jack Brazeal, arborist for the project, answered questions of the Commission. Chairperson Fonzi recessed the hearing at 9:15 p.m. Chairperson Fonzi called the meeting back to order at 9:28 p.m. PUBLIC COMMENT Eric Greening, 7365 Valle, thanked staff and the applicant for their presentations and raised the following issues: 1) Affordable housing is needed by approximately 60% of the population and anything that can be done to add to the supply should be encouraged. 2) Regarding the two classes of monthly fees, would they be added to payments for rents or to the purchase price of a home when coming up with the affordability figure? Will tenants or renters be assessed the same fees as the homeowners? Also, will the occupants of second units be assessed the full fees or will they be split among occupants of those lots? How will fees be assessed on different categories of lots? 3) Circulation issues including the interchange at Santa Barbara Road and adjacent intersections as well as the intersections with El Camino. These will be experiencing massive cumulative impacts from this project, from Tract 1 at the Santa Margarita Ranch, the Eagle Ranch, and the second unit project in southern Atascadero. He would like to see an analysis of the cumulative impact of all these projects on intersections in the area. 4) Is there a plan for no left turns from San Antonio? This would be a tremendous impact on circulation for people living in south Atascadero. Have the people of south Atascadero been informed that this project condition could affect them? 5) Tree mitigation: what is the state of natural recruitment on this project and is it possible for a seedling protection plan of the naturally recruiting seedlings to be part of the "landscaping assessment"? He is concerned with the very significant reduction in mitigation fees without an established nexus that gives an exact evaluation of what the City is getting instead. 6) There is a need for a transit stop near the site, especially given the multi -family housing. Bob Baron, 9555 Santa Barbara Road, stated he owns five acres that abuts this project. He is concerned about the increased drainage that will be caused given the retention ponds, one of which empties directly into one of his fields. He is also concerned that the grading is to be done all at once while the paving and drainage pipes will not be in place until some later date. Eric Greening referred to the distribution of open space and asked if there has been any analysis of wildlife corridor needs in terms of wildlife circulation patterns. He stated it appears there is not much access between the open space areas from the standpoint of wildlife. As there is a proposed negative declaration, all significant impacts have to be mitigated to a level of insignificance or an EIR would be required. Chairperson Fonzi closed the Public Comment period. Chairperson Fonzi asked staff and applicant to address questions raised during the Public Comment period. Vice Chairperson Kelley made the following points: 1. Traffic: requested a three-way stop at the intersection at the entrance to the project. 2. Viejo Camino: with the large increase of traffic at this intersection, he would like to see a plan in which the Woodlands participate in a fair percentage of the cost of a signalized intersection. 3. Assessment District: he is in full favor of this, and feels the assessment district should be added on to the estate lots so those homeowners can participate in the cost of the road and park system which they will be benefiting from. 4. Appearance and design for the homes can be taken care of by the CC&R's. 5. Assessment District could implement a 2% increase in the cost of the Assessment District every year. 6. Against second units on the one-half acre lots. He feels this is contrary to provisions for second units in the updated General Plan. 7. Agrees with the applicant's proposal to offer the 10% affordable housing. 8. Tree mitigation: he would like to discuss the possibility of taking the extra cost incurred by planting the 1,351 trees and incorporate that into the open area making a pristine park area for the town. Commissioner O'Keefe made the following comments: 1. Inclusionary housing: despite this project commencing before the inclusionary policy was adopted, the General Plan stated that the City would be implementing an inclusionary housing policy. Additionally, the last project to come before the Commission was begun prior to the inclusionary policy being adopted and they did provide 25% of their salable houses toward affordable housing. Commissioner O'Keefe feels if the Commission continues to make exceptions, inclusionary housing simply won't happen. 2. Second units: the General Plan clearly specifies one -acre minimums for second units and she does not support making exceptions to this policy. 3. Tree mitigation: it seems the specific plan supercedes ordinances and the General Plan and she is opposed to these exceptions. She questioned whether Planned Developments couldn't also request these kinds of exceptions. 4. Open space: this is a special feature of the specific plan and should not impact tree mitigation. 5. Gated area for estate lots: it is not necessary for this area to be separated. Commissioner Jones stated his main concern was with safety issues. 1. He is in support of the three-way stop. 2. Inclusionary housing: there is a real need for this type of housing and he would like to see a greater percentage for this project than what has been set aside. 3. Second units: these are necessary to provide for appropriate retirement/assisted care facilities for the growing elder population. He would like to see these second units designed at the same time as the primary dwelling. 4. Gated community: the gated area bothers him, as this development does not have any safety or commercial impacts that might make gates necessary. Commissioner Beraud indicated the following concerns and their impact on the mitigated negative declaration: 1. The tree plan is not following the Atascadero Native Tree Ordinance. She would like to see the applicant meet those guidelines. 2. Open space: not part of the mitigation as it is already part of the General Plan. 3. Inclusionary housing: feels strongly that the applicant should meet the interim guidelines. She would like to see staff work with the applicant to make that happen. 4. Second units: does not support second units in this area, as it would make it quite crowded. 5. Gated section: she is opposed to the gated area. Commissioner Beraud feels this project should be continued, as many items do not meet the General Plan. Commissioner Porter made the following comments: 1. Tree mitigation: feels it is fair as is. The $66,000 with the one-for-one replacement and the 54% open space is adequate. 2. Inclusionary housing: would like to see more affordable units. This type of housing is greatly needed and this type of project should offer such units. 3. Second units: should be allowed because it adds variety to the type of housing offered. 4. Gated community: does not support, Atascadero does not have a gated community type of atmosphere and there is no need for it in this project. Commissioner Bentz made the following points: 1. Three-way stop: he is in support of this idea. 2. Inclusionary housing: should be a higher percentage. 3. Second units: should remain in project, and should be built at the same time as the primary residence. 4. Gated community: he is not in support of a gated community. 5. Tree mitigation: he has no problem with the mitigation plan. MOTION: By Chairperson Fonzi and seconded by Commissioner O'Keefe to continue this project for further discussion, and topics for discussion to be brought up after the vote. AYES: Commissioners O'Keefe, Beraud, Porter, Kelley and Chairperson Fonzi NOES: Commissioners Jones and Bentz ABSTAIN: None Motion passed 5:2 by a roll -call vote. Chairperson Fonzi outlined the issues the Commission would like staff to bring back. 1. Information on traffic calming measures, especially at the crosswalk area, the possibility of a three-way stop at the entrance and the feasibility of a traffic signal at El Camino Real and Viejo Camino. 2. More information on inclusionary housing. Benefits of in -lieu versus more units. How many units should be built, where should they be built and what type should be built. 3. Nexus between the benefits of all the proposed projects and the open space. 4. Problems that may arise from having second units on all lots versus the one -acre lots. 5. More information on tree mitigation, particularly a nexus between the open space and the benefit of the open space versus the money to be paid into the tree fund. 6. More overall compliance with the tree ordinance. 7. Information on trading off some of the mitigation requirements in lieu of the landscaping to be done. What native tree re -plantings are part of the project and how that would be credited under the tree ordinance. 8. Total fee calculation as expected from the developer and its contribution toward any kind of capital improvement and/or developer impact fees, and whether it is recurring or non- recurring. 9. Information about the assessment districts and their possible impacts in terms of cost per unit. 10. Impact on mitigated negative declaration if the project does not follow the Atascadero Native Tree Ordinance. 11. Information from the Fire Department on fire safety and the interface between the residential area and the open space. 12. Requirement that second units are built at the same time as the primary residence. 13. Rental workforce housing should be inserted into the resolutions, not just the for -sale housing. 14. Removal of gated area. 15. Information on the possibility of a transit stop for the project. 16. Information on application of the homeowners association to the entire project, making it one planned development rather than two. Chairperson Fonzi closed the Public Hearing on this project to be continued to the Planning Commission meeting on August 19th at 7:00 p.m. COMMISSIONER COMMENTS & REPORTS Commissioner O'Keefe expressed her support for the Commission receiving staff reports earlier. Commissioner Beraud suggested that the Commission work under the same timeline as the City Council for receiving staff reports. Chairperson Fonzi thanked staff for the excellent presentation on the Woodlands Project. DIRECTOR'S REPORT Community Development Director Frace informed the Commission that the staff report on the Woodlands Project would not be reissued, and there will be a supplemental report to address the issues raised tonight. Director Frace gave the Commission an update of future agendas. ADJOURNMENT Chairperson Fonzi adjourned the meeting at 10:29 p.m. to the next regularly scheduled meeting on August 19, 2003. MEETING RECORDED AND MINUTES PREPARED BY: Grace Pucci, Recording Secretary The following exhibits are available for review in the Community Development Department: Exhibit A — John Knight, PowerPoint presentation ITEM NUMBER: DATE: 8/19/03 TO BE CONTINUTED TO A DATE UNCERTAIN: RECONSIDERATION OF CUP 2000-0022,6125 SAN ANSELMO AVENUE TOURIST COMMERCIAL PROJECT. Applicant: Jim Shores & Diane Norton, P.O. Box 216, Atascadero, CA 93423 Project Title: San Anselmo Avenue Tourist Commercial Project Reconsideration of Conditional Use Permit 2000-0022 for installation of a shade structure over the vacuum unit islands of a previously approved carwash facility. Project 6125 San Anselmo Road, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 049-225-024 Project The proposed project is a reconsideration of an approved Conditional Use Permit to allow for Description: installation of a shade structure over a portion of a carwash facility. General Plan Desionation: GC (General Commercial) Zoning District: (CT) Commercial Tourist \\Cityhall\CDvlpmnt\- CUP - Conditional Use Permits\CUP 00\CUP 2000-0022 Gearhart San Anselmo Site\TO BE CONTINUED 8-19- 03.am.doc Planning Commission Staff Report SUBJECT: ITEM NUMBER: 3 DATE: 8-19-03 The Woodlands Specific Plan Zone Change 2003-0062; Zone Change 2003-0041, Specific Plan 2003-0001, Vesting Tentative Tract Map 2003-0027 (Halcon Road /R.W. Hertel & Sons) The proposed project consists of a request to establish a Specific Plan zoning designation over the subject site with a corresponding Vesting Tentative Tract Map which includes a total of 278 residential units comprised of 28 small lot single-family, 94 standard lot single-family, 21 estate lot single-family, and 135 multi family residential units with 54.4 acres of landscaped and natural oak woodlands open space and nature trails on the overall 120 -acre site. The multi- family residential units include 9 bonus units requested under the City's General Plan Policy 2.1.2 for exceptionally high design quality. The project also includes a 3.5 -acre site designated for Service Commercial use. The site contains approximately 22,000 native oak trees of which 1,321 (approximately 6%) are proposed for removal. RECOMMENDATION: Staff Recommends: Adopt Resolution No. PC 2003-0066 recommending that the City Council certify Proposed Mitigated Negative Declaration 2003-0026; and, 2. Adopt Resolution No. PC 2003-0067 recommending that the City Council introduce an ordinance for first reading to establish zoning code text for Specific Plan #1 (Zone Change 2003-0062) based on findings; and, 3. Adopt Resolution No. PC 2003-0068 recommending that the City Council introduce an ordinance for first reading to approve Zone Change 2003-0041, a zoning map amendment of the entire project site to "SP -1" (Specific Plan #1) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, ITEM NUMBER: 3 DATE: 8-19-03 4. Adopt Resolution No. PC 2003-0069 recommending that the City Council adopt Specific Plan #1, by resolution to include the Woodlands Specific Plan and Appendix documents (Exhibits A — F) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and 5. Adopt Resolution No. PC 2003-0070 recommending the City Council approve Vesting Tentative Tract Map 2003-0027, based on findings and subject to Conditions of Approval and Mitigation Monitoring. SITUATION AND FACTS: 1. Applicant / Representative: R.W. Hertel & Sons, Inc. 5200 Telegraph Road, Ventura, CA 93003 2. Project Address: Halcon Road, Atascadero, CA 93422 (San Luis Obispo County) APN 045-311-001, 045-401- 015, 045-401-016, 045-411-001, 045-412-001 3. General Plan Designation: 4. Zoning District: 5. Site Area: 6. Existing Use: 7. Environmental Status: DISCUSSION: (SFR X) Single -Family Residential X, (SFR Y) Single - Family Residential -Y, (HDR) High Density Residential, (GC) General Commercial, (OS) Open Space (RS) Residential Suburban 220 acres Vacant Land Proposed Mitigated Negative Declaration 2003-0026 Planning Commission Public Hearing On August 5, 2003, the Planning Commission held a public hearing for the proposed project. The Commission continued the hearing to August 19, 2003 with the following comments and requests for additional information: 1. Traffic calming methods at project entrance The applicant has agreed to install a i-way stop at the Halcon Road project entrance (Condition 63, TTM 49). ITEM NUMBER: 3 DATE: 8-19-03 2. Cost participation for signals at Viejo Camino/El Camino Real The City Engineer has included signalization of this intersection (Condition 63). 3. Inclusionary housing comparison of in lieu vs. additional units The applicant has revised their proposal by proposing additional moderate units and in- lieu nlieu fees. Applicant shall present revised proposal to Planning Commission at the public hearing based upon preliminary scenarios identified in Section 7 of the staff report. 4. Open space benefits and credits for open space dedication The General Plan identifies 40 percent of the project site to be open space. The open space was considered for the areas of the site continuing dense native oak tree groves. However, the open space is not specifically identified as mitigation for the project. Thus, the applicant anticipates credit to be applied toward the open space fees for any dedicated public access acreage set aside above the 40 percent identified in the general plan. City Finance and Engineering Department shall determine exact fee credits. 5. Second units The applicant has clarified that the proposed SFR -3 (21 total lots) second units will be constructed by the applicant. The units will comply with the City's second unit ordinance with the exception of 1 -acre minimum lot size. The exclusion of the 1 -acre minimum lot size within the Specific Plan will supercede the zoning ordinance for these specific lots only and does not establish a binding precedence for future projects within the City. The applicant may consider incorporation of the second units into the proposed affordable housing program that will be presented to the Commission at the public hearing. 6. Tree mitigation compliance The applicant has modified the proposal to be compliant with the native tree ordinance. Refer to Section 5 of the staff report for details. 7. Total fee calculation toward all improvements Woodlands Fee Summary Buiding Permit Fees Capital Facilities Fees Wastewater Fees Inclusionary Housing Fee Native Tree Mitgation Total per Unit SFR / Unit MFR / Unit $ 3,806.00 $ 2,902.00 $ 11,311.00 $ 9,750.00 $ 1,788.00 $ 1,661.00 $ 3,602.00 $ 1,034.00 $ 594.00 $ 594.00 $ 21,101.00 $ 15,941.00 AMWC and Atascadero School District Fees not included. ITEM NUMBER: 3 DATE: 8-19-03 8. Assessment district impact on housing affordability According to the applicant, the proposed assessment will increase monthly taxes or rents by approximately $40 per month. If an HOA was established, the HOA fees would likely be $125 per month. 9. Tree mitigation effect on mitigated negative declaration The applicant has modified the proposal to be compliant with the native tree ordinance. Refer to Section 5 of the staff report for details. 10. Fire safety interface with open space Page II -8 of the Specific Plan identifies Policy OS -8 "Open Space areas shall include a 50 foot defensible space from street frontages and 100 foot defensible space from residential buildings. 11. Feasibility of incorporating rental units into workforce policy. Staff does not consider this proposal as an effective method of providing housing opportunities to the local workforce due to the higher turnover rates of rental units as compared to for -sale units. 12. No The applicant has agreed to remove the gate from the project (Condition 16). 13. Participation in a public transit stop City policy is to include public transit stops along arterial streets, which does not include Halcon Road. El Camino Real along Dove Creek is currently the closest planned transit stop location. A transit stop may be provided by the City along Viejo Camino in the future but the project is not conditioned to participate in the cost of this facility. 14. Home Owner's Association for entire project The applicant has proposed the HOA to maintain the private road only for the SFR -3 area. Although this staff report is extremely similar to the August 5th report, this updated report contains typographical corrections and clarifications. More importantly, this report contains significant changes based on Planning Commission comments and concerns in the following sections: • Deferred Project Approval Matrix — Staff design review of SFR 3 added to project; • Native Tree Mitigation — Mitigation fees added to project; and • Inclusionary Housing —Additional units and in lieu fees added to project. Staff recommends that these areas be reviewed carefully as the applicant has proposed revisions to the project in response to Planning Commission comments. ITEM NUMBER: 3 DATE: 8-19-03 Analysis of Planning Issues 1. Project Definition The proposed project is a specific plan rezone and vesting tentative tract map which includes a total of 278 residential units comprised of 28 small lot single-family, 94 standard lot single-family, 21 estate lot single-family, and 135 multifamily residential units with 54.4 acres of landscaped open space and natural oak woodlands open space and nature trails on the overall 120 -acre site. The multifamily residential units include 9 bonus units requested under the City's General Plan Policy 2.1.2 for exceptionally high design quality. The 21 estate lots will have the option of constructing a small second residential unit not to exceed 800 square feet. The project also includes a 3.5 -acre site designated for Service Commercial use. The site contains approximately 22,000 native oak trees of which 1,321 (approximately 6%) are proposed for removal. Deferred Project Approval Matrix Each single- family residential home will have a two car attached garage with two additional uncovered spaces provided in the driveway that fulfills the guest parking requirement. Multi family units will meet City parking and circulation standards. The Specific Plan references site development and architectural design styles for the project. The Specific Plan will be approved by: (1) Establishing a specific plan zone ordinance; (2) Changing the project site zoning designation to SP -1 (Specific Plan #1); and (3) Adopting a resolution to adopt the Specific Plan document and appendix items related to site improvements, site amenities, tree protection, affordable housing, architectural elevations, and conditions of approval. As with Planned Development projects, the Planning Commission will have the ability to make future amendments to the Specific Plan in the future, independent of Council action. Single-family development will be subject to future staff approval. The SC -1 and MFR development will require subsequent Planning Commission Conditional Use Permit applications. The project data tables on the following page summarize each of the General Plan land use designation and proposed specific plan zoning districts. SFR 1 SFR -2 SFR -3 MFR SC -1 Future CUP/MPD X X Staff Appearance Review X X X X X HOA CC&Rs X Each single- family residential home will have a two car attached garage with two additional uncovered spaces provided in the driveway that fulfills the guest parking requirement. Multi family units will meet City parking and circulation standards. The Specific Plan references site development and architectural design styles for the project. The Specific Plan will be approved by: (1) Establishing a specific plan zone ordinance; (2) Changing the project site zoning designation to SP -1 (Specific Plan #1); and (3) Adopting a resolution to adopt the Specific Plan document and appendix items related to site improvements, site amenities, tree protection, affordable housing, architectural elevations, and conditions of approval. As with Planned Development projects, the Planning Commission will have the ability to make future amendments to the Specific Plan in the future, independent of Council action. Single-family development will be subject to future staff approval. The SC -1 and MFR development will require subsequent Planning Commission Conditional Use Permit applications. The project data tables on the following page summarize each of the General Plan land use designation and proposed specific plan zoning districts. ITEM NUMBER: 3 DATE: R-1 q-03 Project Summary Tables General Minimum Lot Permitted Specific Plan Arr %of Alin. Dwelling Density rand '/.cuing Plan Land $e District 5.9 es SFR -2 Lot Size 24.1 OS OS OS Nature Trails 54.4 45.3% N/A N/A N/A SFR -X SFR SFR -1 Small Lot 5.9 4.9% 4,500 28 4.7 N/A 54.4 45.3% SFR N/A N/A 2.8 2.3% Total SFR -X SFR SFR -2 Standard Lot 24.1 20.1% 6,500 94 3.9 SFR Subtotal 84.4 122 1.44 'SFR -Y SFR SFR -3 Estate Lot 20.3 16.9% 23.000 21 1.0 SFR HDR HDR MFR Multi -Family 9.0 7.5% N/A 135 ** 15 GC GC SC -1 See 3.5 2.9% N/A N/A N/A Development Standards Streets 2.8 2.3% N/A N/A N/A Total 120 100% - 1278 - Estate Lot Single -Family land use designation is subject to additional regulations as set forth in the Conditions. Covenants and Restrictions (CC&Rs) "Note: Nine MFR bonus units included. Project Statistics Street area outside development zones Minimum Lot Percent of Zoning Units Size (s.f.) Acreage Total SFR -1- 28 :4,500 5.9 4.9% SFR -2 94 6,500 24.1 20.1% SFR -3 21 23,000 20.3 16.9% MFR 135 N/A 9 7.5% SC -1 N/A N/A 3.5 2.9% OS N/A N/A 54.4 45.3% Streets` N/A N/A 2.8 2.3% Total 278 120 100.0% Street area outside development zones ITEM NUMBER: 3 DATE: 8-19-03 Project Review The proposed project includes review and approval of the Specific Plan, including site plan, subdivision tract map, conceptual site amenities and landscape plan, grading and drainage and conceptual architectural design features of the proposed SFR -1, SFR -2 and multifamily residential neighborhoods. The 21 SFR -3 estate lots are anticipated to be custom design and are not exempt from appearance review by staff during the building permit process (Condition 13). The SC -1 service commercial parcel requires a conditional use permit prior to the building permit process (Condition 17). The multifamily is proposed to be further processed through a future Conditional Use Permit (CUP)/Master Plan of Development application that would be reviewed and approved by the Planning Commission. All phases of development will require appearance review consistent with Specific Plan Appendix (Exhibits A F). 2. Background Surrounding Land Use and Setting: North: Atascadero State Hospital, Vacant Land South: Residential East: Residential, Union Pacific Railroad West: Paloma Creek Park, Residential ITEM NUMBER: 3 DATE: 8-19-03 City Council/Planning Commission Study Session/Site Visit On April 20, 2003, the applicant presented a one-hour project overview and provided a two- hour tour of the project site in which each phase of the proposed project was reviewed. Although there was no formal consensus, members of the Commission, Council and the public were able to ask questions and provide early comment on the preliminary project planning and conceptual site development. According to the applicant, each comment was carefully considered and where feasible, incorporated into the proposed project. General Plan The General Plan has designated the project site as an area requiring a comprehensive master plan in the form of a Specific Plan in order to minimize environmental impacts and maximize community compatibility. The project proposes similar land uses and residential densities as identified in the General Plan with an additional nine multi family quality bonus units, as allowed under the general plan policy 2.1.2 housing element, and a minimum of 40% of the total site designated as open space (General Plan Table II -5). The project also proposes second units on each of the 21 estate lots (23,000 square foot minimum lot size), subject to conditions (Refer to Condition 14). The multi- family residential units include 9 bonus units requested under the City's General Plan Policy 2.1.2 for exceptionally high design quality. General Plan Policy 2.1.2 states: "Development standards and procedures to allow the Planning Commission to grant up to a 15% density bonus for attached multi family project of exceptionally high design quality through the Conditional Use Permit process". The applicant is requesting that this policy be applied to the proposed project multifamily use through application of a Conditional Use Permit with Master Plan of Development prior to any building permit applications associated with the Specific Plan multi family land use. This has been included as a mitigation measure to assure that the 9 bonus units are permitted only with exceptionally high design quality (Mitigation Measure 9). The project also includes a 3.5 -acre site designated for Service Commercial use. The General Plan requires establishment of a Specific Plan (SP) zone on the project site, consistent with City site development standards and appearance review, as analyzed within this report. The table below summarizes the General Plan as compared to the proposed Specific Plan land uses. Units Land Use Unit Type Gen. Plan Specific Plan Difference Residential Single -Family 143 Units 143 Units 0 Residential Multi -Family 126 Units 135 Units (Includes 9 bonus units) 9 Units Commercial 2 Acres 3.5 Acres 1.5 Acres Open Space 40% (48 Ac) 45% (54 Acres) 5% (6 Ac) ITEM NUMBER: 3 DATE: 8-19-03 Specific Plan A. Definition: The subdivision of residential lots as proposed may occur under the specific plan land use designation. This process is similar to a Planned Development Overlay Zone that is typically implemented through the proposed Master Plan of Development. The SP -1 incorporates site development standards and appearance review including architecture and landscaping. B. Requirements: Consistent with California Government Code and the State General Plan Guidelines prepared by the State Office of Planning and Research, this plan is a regulatory document that implements the General Plan and its policies/programs as well as establishes the standards by which development shall occur within the plan area. Precise design standards and guidelines for the development of land are provided in this plan and supersede the City's existing zoning code, public works standards, and other regulations. Where this plan is silent, city codes effective upon the date of adoption of this plan shall apply (Condition 2). Although the applicant has requested the Specific Plan be adopted by the City Council as an ordinance, staff recommends that only the zone establishment and rezone of the site be adopted as such. The actual plan contents shall be adopted by resolution so that any future amendments or modifications may be made by the City Council without requiring second readings and codification of the Specific plan document. As stated below, State law allows the City the option to adopt the Specific Plan by ordinance or resolution. C. Regulation & Adoption: Specific Plans must be consistent with the applicable elements of the General Plan The following excerpt identifies the content requirements for specific plans defined in State Law (Section 65451 (a)). Section 65451 (a) A Specific Plan shall include a text and a diagram or diagrams that specify all of the following in detail: (1) The distribution, location, and extent of the uses of land, including open space, within the area covered by the plan. (2) The proposed distribution, location, and extent and intensity of major components of public and private transportation, sewage, water, drainage, solid waste disposal, energy, and other essential facilities proposed to be located within the area covered by the plan and needed to support the land uses described in the plan. (3) Standards and criteria by which development will proceed, and standards for the conservation, development, and utilization of natural resources, where applicable. (4) A program of implementation measures including regulations, programs, public works projects, and financing measures necessary to carry out paragraphs 1), 2), and 3). (b) The Specific Plan shall include a statement of the relationship of the Specific Plan to the General Plan. ITEM NUMBER: 3 DATE: s_i q_na Furthermore, the California Government Code Section 65453 and 65454 prepared by the State Office of Planning and Research state that: Section 65453 (a) A Specific Plan shall be prepared, adopted, and amended in the same manner as a General Plan, except that a Specific Plan may be adopted by resolution or by ordinance and may be amended as often as deemed necessary by the legislative body. (b) A Specific Plan may be repealed in the same manner, as it is required to be amended. Section 65454 also states: No Specific Plan may be adopted or amended unless the proposed plan or amendment is consistent with the General Plan. As noted above, staff recommends that the Specific Plan (SP 2002-0001), Appendix (Exhibits A through E), and subdivision map (TTM 2003-0027) be adopted by resolution. 3. Design and Appearance The applicant has worked closely with staff in developing the proposed site plan, development standards, architectural references, landscape theme, and site amenities plan. The plan contains the following general land use/design categories, each reference to architectural styles, colors, materials and overall appearance. 'If PERSPECTIVE SKETCH AT ENTRY ITEM NUMBER: 3 DATE: R-1 MI A. Single -Family Residential As identified in the project description, the project contains three single-family residential types: 1. 28 small lots with 4,500 square foot minimum lot size; 2. 94 standard lot with 6,500 square foot minimum lot size; and 3. 21 estate lots with 23,000 square f)ot minimum lot size and possible 2nd units per the existing City Ordinance with a requirement that at least one of the residences be owner - occupied and not subject to the 1 -acre minimum lot size requirement (Condition 14). Estate lots also include specific building envelopes for all lots and 22 -foot height restriction for lots 138-142 to minimize view intrusions within the natural ridgeline. The Specific plan includes a range of architectural styles consistent with the existing semi - rural character of Atascadero. The architectural styles of the plan include Craftsman, Traditional, Monterey Ranch, California and Bungalow, some of which are illustrated below. There will be a total of nine different elevations for both the SFR -1 and SFR 2 units (Condition 10). Exhibit E of the Specific Plan Appendix contains the architectural guidelines that will be used by staff for appearance review of building permits. MSFR-1 Small Lot r�•.;wu wlr.�i� Ye�lul%YI�%io 'N" ^!� �Y=11uir=�rbi�gr���i1-:LY�liYf1 Y�rr��.�ei.�.w.�� �. .. • fines.. 1�Yl ISN �I-il,�� !�fH`I:�w �_uYrlu ,,hl �7 7i�'F74 �7Y�'i�l,iiY! �:r:savrvui�N;Y�u.uwi��:�►in _ .i�I•�171 tri' y zi ;, ar►v Etl'I{9ig�I Ra o {L z �w � yk- - 'III � * d1 di js rSirn7�iir�drr ,. Not, 'i17i `M •� _ p.� .'�IcillliIf(f"tl.l,i "e ,:aY„oj�,w ,l YlIti�lai ll �, •t ' � old Rt1�1INHN11EM11 / y�il�� � 41in,=q�7 �� y ooj �"� IgIAIA SIH �' , �r�A�111 dill SFR -2 Standard Lot r� .1194 - j1tgl Awl � •lip mneaY�ng dlRi IlY� �s I� r�i'■i l� t p4� 1 !0i ��� NII!i�l!!l0 !If �. I�II66GE ABllrl IIU ITEM NUMBER: 3 DATE: 8-19-03 B. Multi -Family Residential The project contains 135 multifamily residential units. According to the applicant, these units will include approximately 101 rental apartments and 34 for -sale town homes. The exterior design and appearance is similar within the multi family complex. As noted above, nine of these units are proposed as bonus units under the City's General Plan Policy 2.1.2 for a finding of exceptionally high design quality. As a result, the Planning Commission is required to make a specific finding (referenced in resolution PC 2003-0069) that the multi family portion of this project be of exceptional design quality, as illustrated below. Final design and approval of the MFR project will be subject to a future Planning Commission Conditional Use Permit prior to building permit application (Condition 18). air Jill I 93 1 Q IR t - r J .a • * ai i-� f. �. .I as e,� ti�Grl ��� �� r � PRIOR } is +ka IIIB®�r�a�+i"���I�nlia-:d aiii �.�..Yll�limlll'iplln ylll�il�l� ar�-�� �INIIIFi� �i•IId"'lllg� 1l�' "� ..■' ,7 Ian L ITEM NUMBER: 3 DATE: 8-19-03 Residential exterior materials and finishes are conceptually identified in Specific Plan Appendix (Exhibit E). Although the specific plan identifies the intent to design superior homes with certain garage setbacks, staff recommends that the street -facing elevations be significantly improved with high quality architectural grade sectional garage doors (Condition 9). Staff concurs with the specific plan exhibits which depict the proposed homes incorporating the following architectural embellishments, as appropriate to the selected architectural design: wood style or similar sectional architectural garage doors; window shutters and/or decorative trim; variety of siding (i.e. masonry, hand -toweled stucco, wood); masonry building base, chimney, column materials (i.e. stone, brick, pre -cast concrete trim); roofing materials (i.e. flat, curved, S -style, barrel tile, shingles); decorative vents; decorative iron treatment, recessed doors and windows; true divided light windows; ornamental lighting; a minimum of two colors per house with a third accent color (Condition 9). All trash storage, recycle storage, and air conditioning units will be screened from view behind fenced or landscaped enclosures (Condition 22). Although colored renderings with some material notations have been provided by the applicant, the Specific Plan does not include color and material details or samples. Staff recommends that the applicant work with staff on selection of building colors and roofing materials that provide a variety of eartlrtone color and texture with accent colors that blend with the natural oak woodlands surroundings and provide a high quality residential neighborhood appearance, consistent with the intent of the Specific Plan development standards for the SFR 1, SFR -2, SFR -3 subject to staff approval and Multifamily residences, subject to Conditional Use Permit approval (Condition 11). C. Service Commercial This is a 3.5 -acre site located at the northwest corner of the project site along Halcon Road and the Union Pacific railroad. Although no design and appearance is identified for the site, staff has included a condition and mitigation measure that future development of the site include: (Condition 17, Mitigation Measure l .c.6) ■ Compatible landscaping along Halcon Road and the railroad compatible with the existing pastoral oak woodlands surroundings; ■ Solid high-quality screening be applied to any storage yard; ■ Architectural theme be compatible with the rural appearance of the surrounding properties and rail line, subject to staff review and approval; and ■ Planning Commission Conditional Use Permit and Master Plan of Development required. SC -1 uses shall include: ■ Wholesale/Distribution ■ Light repair services ■ Storage yards/RV storage ■ Animal Hospitals ■ Contract Construction Services ■ Warehousing ITEM NUMBER: 3 DATE: 8-19-03 ■ Electronic & Scientific Instruments (+5,000 SF) ■ Furniture & Fixtures (+5,000 SF) ■ Glass products manufacturing ■ Pipelines ■ Churches ■ Other similar uses per Planning Directors Approval D. Open Space/Site Amenities Plan The project includes 54.4 acres of landscaped and natural oak woodlands. A nature trail with interpretative staging area and scenic overlooks is proposed. A pocket park/tot lot is also proposed as well as an additional tot lot conditioned by staff within the multifamily residential area (Mitigation Measure 18). There are two engineered drainage detention basins that will be constructed and landscaped to appear as visually natural seasonal meadows surrounded by native trees and grassland. A pedestrian connection across Halcon Road is proposed along with a pedestrian bridge spanning Paloma Creek between Halcon Road and Paloma Creek Park (Condition 25 and 67). All manufactured slopes are proposed for revegetation with native tree and groundcover plant materials (Mitigation Measure 4.e.6). The project also includes a stone wall sign and landscaped entry sign feature that will be designed to compliment the natural site setting (Mitigation Measure 1.c.3, 1.c.5). Project Landscaping The project Site Amenities Plan identifies a preliminary landscape concept for street trees and common area, included re -vegetated manufactured slopes and drainage detention basins. Within the SFR 1 and SFR -2 Zoning District, landscaping is included for private front yards as well as private rear yards with slopes exceeding ten (10) feet in height. To further enhance the streetscape, front yard landscaping shall be installed prior to occupancy of the units (Conditions 12 and 21). 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. SFR -3 common area landscaping, gate/entry landscaping features, and fencing is included in the project. However, front yard landscaping and appearance review is not include. CC&R's are proposed by the developer that contain design guidelines for individual lot development. It would be the responsibility of each individual property owner and the homeowner's association to abide by the general appearance requirements, not the City. City processing of the SFR -3 residential units would be similar to existing individual residential lots within the City that only require a building permit but would have additional staff review of specified architectural style and appearance. Staff has included a condition that street trees be installed by each homeowner at the time of lot development (Condition 16). In order to minimize the visual impact of fencing up and across tall uphill sloping rear yards, semi -transparent hillside fencing shall be installed consistent with the Specific Plan Hillside Fencing Standards (Mitigation Measure 1.c.4, 1.c.6). ITEM NUMBER: 3 DATE: 8-19-03 Streetscapes include an 12- foot wide center median tree planter with shade trees and sidewalk along the main entry drive and shade trees along residential side streets fronting each new residence. Street lighting shall be low level, earth toned, and located in accordance with the site amenities plan. Street trees are proposed to shade paved areas and pedestrian pathways, reduce urban heat buildup, improve air quality, and provide visual unity to the streetscape. Street trees shall be installed prior to occupancy of the units (Mitigation Measure l.c.1, 1.c.5). The project site and landscaping has been well designed and only minor conditions of approval have been included regarding landscape materials and the exterior fence treatment along the site perimeter and entrance (Conditions 21, 22, and 23). Due to the on-site topography, the use of retaining walls may be 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 24). ITEM NUMBER: 3 DATE: S -i s -ns As illustrated below, the project includes an entry sign and landscape feature at the Halcon Road entrance. Oak Of Sycaffwa wa h backWm C rN c v • • s � ti••p �A ~ O L •_YS "1 lanmmpou Mackar EatemalyinWeleo Aocanl planlpMlh clono-tacoC masonry a �aneg d UMlxe anC - , w,u war ". Yrp color at base of *al . Site Entry Feature Parkland Requirements: The City requires the dedication of 5 acres of parkland for every 1,000 residents. Due to its proximity to Paloma Creek Park and the on-site provision of public access to the proposed open space, no large active public parkland is proposed on site. Also, the project entrance has been designed to accommodate a future intersection with Paloma Creek Park, and pedestrian connection and creek crossing between the project site and Paloma Creek Park. In addition the project includes open space, hiking trails, a trailhead/tot lot, and a multi- family area tot lot (Conditions 18, 20, 22, and Mitigation Measure 14). The plan will complete its parkland requirement through payment of in lieu fees. There may be park in lieu Quimby fee credits granted in return for the dedication of the public accessible open space, nature trail system, pedestrian/bicycle bridge access to Paloma Creek Park. Site Plan, Circulation, Parking The Specific Plan includes a circulation plan identifying three street types within the plan area. Street sections are depicted in Specific Plan Exhibits 8 and 9 — Street Sections and described as: A. Collector Streets - Providing access to the Plan Area from Halcon Road to the first intersection of the Plan Area. The collector street has two travel lanes, center median, square curbs, no parking, a detached sidewalk with parkway, Class II bikeways, and street trees. ITEM NUMBER: 3 DATE: S -i 4-n3 B. Local Residential - Providing access and circulation to SFR 1 and SFR -2 individual lots having two travel lanes, rolled curbs, sidewalks on one side, and on -street parking. C. Private Street — Providing access and circulation to the SFR -3 custom lots with a gated entry, two travel lanes, and does not include sidewalks. D. Emergency Vehicle Access - Alondra Road, located east of the site, will provide secondary gated emergency access for emergency vehicles and emergency only egress. Circulation Plan Minor Arterial Future Collector Connection to DeAnza Sidewalk Trail • - w e Trail (approximate location) !• fir. See Section Detail • �--� Gate ! 40 f a � +' •� Section C +++ X10 • w+ • a " & Section B r • r • • • Section A ` • r a • Pedestrian • Connection • to Park Section B s • Section B • Emergency Access Road r • • • • Section B • • • m r •o • Q • • See Typical Trail Cross • Section (Exhibit 14) r �! • j N • ! • • • +++ ITEM NUMBER: 3 DATE: s_i mn P.U.E. Side— lante Bike Travel Lane Median Travel Lane 11 -ane Bike P.U.Ep12' 1�� Collec't`orr`Street SQe`ction Entry Drive Section A Not to Scale ITEM NUMBER: 3 DATE: 8-19-03 The project includes certain off-site street improvements and intersection upgrades with signalization per City standards as recommended in the project -specific traffic study by Omni -Means. These include improvements on Halcon Road from the project limits to Viejo Camino, Viejo Camino to Santa Barbara, and Santa Barbara to El Camino. The project will be eligible for reimbursements for off-site improvements. The project includes a provision to provide a Class 11 bicycle facility to connect the development to the existing bicycle facilities at El Camino Real/Viejo Camino intersection. The project entry at Halcon Road will be designed to accommodate potential future Paloma Creek Park vehicular access and parking. The project entrance includes a pedestrian crossing of Halcon Road and direct pedestrian connection withpedestrian bridge creek crossing to Paloma Creek Park. Sidewalks are included on all public streets to complete the pedestrian circulation network and provide connections to the proposed nature trail system as identified in the project circulation plan. Several transportation/traffic mitigation measures are required for build out. The Omni - Means traffic impact study identifies intersections requiring improvements to achieve acceptable levels of services, as follows: 1. City Engineer shall review and approve project circulation impacts recommended mitigation measures and equitable share. 2. Project mitigation measures and phasing schedule for the construction of the improvements shall be reviewed and approved by the City Engineer (Mitigation Measure 15.1) 3. A Traffic Impact Study was produced for this project by Omni -Means. In the study there are recommended mitigation measures. Listed below are staff conditions to implement the mitigation measures: (Condition 63) A. Santa Barbara Road/EI Camino Real: Install Traffic Signal/Widen Intersection This is required to be installed prior to the first unit occupied. The construction costs for the signal will be counted as credit toward the Traffic Impact Fee. B. Viejo Camino/EI Camino Real: Install Traffic Signal This improvement is being required by the City Engineer. This is a "T" intersection and the left turn movement off of Via Camino is a low volume movement. This improvement was not identified as a need improvement in the City of Atascadero Circulation Element. C. Halcon Road/Via Camino: dedicated westbound right and left turn lanes This is required to be installed prior to the first unit occupied. The improvement is the sole responsibility of this development. D. Santa Barbara Road/US 101 Interchange The study found that the following improvements are required for the interchange. Also list is the percent "fair share" that this project is responsible for the improvement. ITEM NUMBER: 3 DATE: 8-19-03 ■ Santa Barbara Road/US 101 SB Ramps: Install Traffic Signal (25.8%) ■ Santa Barbara Road/US 101 NB Ramps: Install Traffic Signal (27.5%) ■ Santa Barbara Road/San Antonio: Install Traffic Signal (26.2%) These interchange improvements that are not identified as needed improvements in the City of Atascadero Circulation Element and the Growth Mitigation Program. Therefore, the growth mitigation fee does not cover the improvements. The developer is required to submit engineers estimate for the cost of construction of the improvements. The developer shall pay the percent "fair share" of the engineer's estimates. These funds will be placed in an account for the Santa Barbara Interchange. The developer may pay the amount incrementally with each building permit. Per the Atascadero Municipal Code 9.4160 (a) (Streets), "The project shall also provide well -paved city standard access roads from a collector or arterial to the subdivision and repair existing under - paved or poor -condition interior or frontage roads". The General Plan Circulation Element lists the route of Halcon Road/Viejo Camino/Santa Barbara Road to EI Camino Real as a circulation improvement needed. Based on these sections of the municipal code and the General Plan, this project shall be required to perform the following improvements on the route from the project entrance to EI Camino Real: (Condition 64 and Mitigation Measure 15.3) ■ Widen, stripe, and improve the route to Engineering Standard 403 "Rural Collector". ■ Overlay the route with two-inch minimum asphalt surface (Mitigation Measure 15.2). The project shall provide a Class II bicycle lane to connect the development to the existing bicycle route at EI Camino Real/Viejo Camino (Mitigation Measure 15.3). Tnfrastructnre The Specific Plan describes at a conceptual level how and where services will be extended to serve the project site. All infrastructure improvements to serve the site shall be financed and installed by the developer consistent with Specific Plan Exhibit 10 — Phasing Plan, Exhibit 11 — Water Supply System, Exhibit 12 — Sanitary Sewer Collection System and Exhibit 13 — Storm Drainage System which provide a schematic plan for the routing and location of facilities within the project area. Improvement Plans will determine the exact sizing and location of facilities, subject to staff review and approval (Conditions 73 — 90). Site Drainage On-site storm water drainage has been designed to flow following the existing drainage pattern with flows into engineered retention basins prior to off-site release, as identified in the project Preliminary Hydrology Report, Ramseyer & Associates. Conditions of approval have been included to assure that there will be no site drainage impacts (Conditions 51 - 59). ITEM NUMBER: 3 DATE: 8-19-03 Water The project can be served by the Atascadero Mutual Water Company. The proposed project area will utilize two existing water mains as its points of connection to existing Atascadero Mutual Water Company system. The primary point of connection will be at an existing 12 - inch waterline at the southwest corner of the plan area in Halcon Road. The secondary point of connection will be at an existing 6 -inch waterline at the southeast corner of the plan are in Alondra Road. The project Specific Plan includes a proposal to provide an easement for AMWC to design and install a new well, pump, and pipeline. Per the recommendations of the Water Company a hydrogeological investigation is required to determine if there is a viable well site on the commercial lot. The investigation shall include test borings and test pumping (Condition 80). The project also includes a proposal to construct a non -potable water line that would replace the potable water currently being used for irrigation at Paloma Creek Park and for irrigation on the project site. Although this system would decrease demand on the potable water supply and could also be designed with enough capacity to accommodate the anticipated expansion of Paloma Creek Park, the applicant would be requesting a credit from required park fees for the construction value. It is staff's opinion that the credit value should be applied to established City Council park development priorities. Staff recommends that the Planning Commission delete this item from the Specific Plan (Condition 8). Wastewater The City of Atascadero will provide sanitary sewer service including collection, transmission and treatment for the project area. Development with the project site will require connection to the City's planned sewer system mainline extension included in the City's Sewer Master Plan. The Specific Plan includes a proposal to design and install the on-site and off-site mainline. For reimbursement and maintenance, refer to the project Specific Plan implementation section. The extension will run from the sewer treatment plant south to Halcon Road and El Camino Real and Santa Barbara Road area. The mainline will be built with sufficient capacity to accommodate development with the plan area as well as new development in the area and existing uses. The proposed line serving development along the easterly project site will require a lift station. Design criteria for the sewer collection system shall conform to the City of Atascadero Standards (Conditions 73 - 81). 4. Proposed Specific Plan #1 The proposed Specific Plan is consistent with General Plan land use designations allowing the creation of a Specific Plan with a clustering of residential units on the 120 -acre project site, and to minimize environmental impacts and maximize community compatibility. Based on the General Plan requirements, staff has prepared the following proposed standards for ITEM NUMBER: 3 DATE: 8-19-03 Specific Plan #1. Adoption of the new specific plan zone is required for the project to proceed. The Commission could make recommendations to the Council to modify the proposed SP -1 text. 9-3.690 Establishment of Specific Plan Zone No. 1: (SP -1). A Specific Plan Zone No. 1 is established in on parcels APN 045-311-001, 045-401-015, 045- 401-016, 045-411-001, 045-412-001 with a combined gross acreage of 120 acres. The maximum density within the planned development shall not exceed 269 residential units (except for 9 bonus units allowed by the General Plan), 3.5 acres of service commercial use, and 54.5 acres of open space on the 220 -acre project site the 21 estate lots may contain second units limited to 800 SF. The development standards contained within the Woodlands Specific Plan Policy Document and Appendixes (SP 2003-001), as conditioned shall be applied to all future development within the Specific Plan area, and as follows: (a) The Vesting Tentative Tract Map TTM 2003-0027 and any subsequent amendments for the site shall be consistent with SP 2003-0001. All construction and development shall conform to the approved Specific Plan, as conditioned. (b) No subsequent tentative parcel or tract map shall be approved unless found to be consistent with the approved Woodlands Specific Plan. (c) The commercial area, residential dwelling units, landscaping, walls and fencing shall be subject to review under the City's Appearance Review requirements consistent with the approved Woodlands Specific Plan. (d) Building setbacks lot sizes, landscape area, and lot coverage shall be as identified within the approved Woodlands Specific Plan. (e) Alterations or additions to established dwelling units shall be subject to the density standards of the Specific Plan zone and shall be reviewed pursuant to the Woodlands Specific Plan development standards. (f) The Specific Plan shall be adopted and amended by City Council Resolution ITEM NUMBER: 3 DATE: 8-19-03 If the above Specific Plan standards are adopted, the project as conditioned would be consistent with those standards. The proposed uses, residential unit types, lot sizes and development standards are described within the Draft Woodlands Specific Plan document, dated June 30, 2003. The SP -1 district incorporates by reference the Specific Plan, Vesting Tentative Tract Map, and Appendix Exhibits A through F which document the proposed architectural styles, lot sizes, lot coverage, landscape area, setbacks, and building envelopes for each parcel. The SP -1 Specific Plan will cover site development, site amenities, landscaping and architectural design standards for the project. As conditioned, amendments to the SP -1 Specific Plan will be made by City Council resolution and public hearing following Planning Commission recommendation (Condition 4). 5. Native Tree Mitigation/Preservation The entire site area has been estimated to contain approximately 22,000 oak trees. Project construction is estimated to require the removal of approximately 6%, or 1,321, of the total oak trees located on the site, as submitted by a Certified Arborist. Essentially, all removed trees are deciduous Blue Oaks (Quercus Douglas). 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 project -specific tree preservation, mitigation and tree fund payment is summarized below. Oak Tree Preservation: To preserve the rural site identity, project development shall preserve native woodlands and oak trees and control their removal, as identified in the project Tree Protection and Preservation Plan. Oak trees shall not be trimmed, destroyed or removed without a permit or the approval of the City. The applicant is proposing removal of oak trees to be mitigated by: (1) Preservation of the open space; (2) Oak woodland preserve areas; (3) Payment into the tree mitigation fund; and (4) Replanting on a one-to-one ratio per the Certified Arborist's recommendation. The applicant's tree mitigation fund payment is proposed consistent with the City's Tree Preservation Ordinance. Avoided oak trees shall be protected and preserved per the Tree Protection and Preservation Plan. Staff Analysis: Under the City's tree mitigation payment the removal of 1,321 trees (12,799 inches at diameter breast height) would require the applicant to pay $213,316.67. This figure has been adjusted to credit the applicant for the proposed 1,321 five -gallon size native trees to be planted on site, and is summarized as follows: Single Family Mitigation Requirement Deciduous Native Trees (inches) dbh notes Totals 12280 -inches Tree Fund Payment: $ 204,666.67 $ 204,666.67 Mitigation Required Replantings 4428 five gal trees or Mitigation Fees $ 221,400.00 Mitigation Proposed Replantings 1321 five gal trees Mitigation Fees Mitigation Remaining Mitigation Fees $155,350.00 ITEM NUMBER: 3 DATE: 8-19-03 Multi Family Mitigation Requirement Deciduous Native Trees (inches) dbh notes Totals 502 -inches Tree Fund Payment: $ 16,733.33 $ 16,733.33 Staff Recommendation: The proposed tree mitigation including fee payment and native tree replacements providing a valuable combination of tree preservation to the City. Staff identifies the proposal as consistent with the City's tree preservation ordinance. Native Tree Ordinance Applicant Proposal Fees $213,316 $155,350 * Replanting Or 4,428 Trees (5 gal size) And 1,321 five -gallon trees * Includes credit for 1,321 5 -gallon size native trees to be planted on site. 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 project specific tree mitigation plan anticipates $155,350.00 could be paid into the City's native tree mitigation account and 1,321 five -gallon size native trees be planted on site. However, the fund payment and number of trees planted may vary as long as the combination is compliant with the tree preservation ordinance. (Refer to Condition 21, 22, Mitigation Measures 4.e.1 - 4.e.5). ITEM NUMBER: 3 DATE: 8-19-03 Project Benefits One of the required findings for approval of a specific plan rezone is that the project must offer certain redeeming features to compensate for the requested zone change. The project will have a number of "redeeming features" which include the following: 1) clustering of residential development; 2) variety of unit types; 3) preservation and dedication of open space and native tree preservation; 4) architectural and landscape features of exceptionally high design quality; 5) public access to nature trails; 6) pedestrian connections to Paloma Creek Park; 7) comprehensive native re -vegetation plan; and 8) inclusion of affordable workforce housing. 6. Affordable Inclusionary and Workforce Housing The following table identifies the City's Interim Inclusionary Housing Policy, adopted by the City Council on June 24, 2003: Inclusionary Section Interim Policy A. Project Requirements 1. All residential projects that require legislative approval are subject to the inclusionary requirement as follows: o Projects of 1-10 units: pay in -lieu fee or build units. o Projects of 11 or more units must build units or receive a Council approval to pay in -lieu fees. B. Percent Affordable 1. The percentage of units within a project that must be affordable shall be 20%. 2. The distribution of affordable units in single family land use areas shall be as follows: 0 100% Moderate 3. The distribution of affordable units in multi family and mixed use commercial land use areas shall be as follows: o 20% Very Low Income o 37% Low Income o 43% Moderate 4. In -lieu fees shall be collected for all fractional units up to 0.499 units, fractional units of 0.50 and greater shall be counted as 1.0 units. 5. All inclusionary units shall be deed restricted fora period of 30 years. C. Exceptions 1. Projects that do not require a legislative approval from the City shall not be subject in the interim policy. 2. Projects that qualify for the State density bonus are exempt form additional inclusionary housing requirements. 3. Second units are exempt from the inclusionary requirement. 4. ITEM NUMBER: 3 DATE: 8-19-03 D. Affordable Housing Standards 1. The exterior design and quality standards for affordable units shall be comparable to those of market rate units. Affordable units may be of a smaller size and utilize less expensive interior finishes. 2. Affordable units shall be distributed throughout a project site and not concentrated in one location. 3. Inclusionary units shall be built concurrently with market rate units. A construction timeline shall be approved by the City Council prior to construction. E. In -Lieu Fees 1. In -lieu fees for units and fractions of units shall be based on 2.50% of the valuation of the market rate unit. F. Alternatives 1. The developer may request and the City Council may approve any of the following alternatives to on-site construction or payment of in -lieu fees for inclusionary units: o Off-site construction o Land dedication o Combinations of construction, fees and land dedications. G. Incentives 1. As an incentive to provide affordable units, all inclusionary units shall be treated as density bonus units that are not counted as part of the maximum density entitlement of a site. As the project had been designed prior to the Councils recent interim inclusionary housing policy, the applicant is proposing a comparable methodology that will result in a combination of deed -restricted affordable housing units within the proposed multi -family housing area and in -lieu fee contribution. Details of the proposal are contained within the Specific Plan Appendix (Exhibit F). The applicant will be available at the Planning Commission public hearing to review the proposal and possible alternatives with the Commission. Staff Analysis: The applicant has discussed possible inclusionary housing alternatives with staff and has requested that their revised proposal be presented at the Planning Commission public hearing. Staff has included the following tables identifying an example in -lieu fee calculation for a residential unit, and three comparison tables identifying possible applicant proposals as compared to the City's inclusionary policy. If the applicant's request is not acceptable or is modified by the City Council, Specific Plan Appendix (Exhibit F and Condition 26) shall require revision. ITEM NUMBER: 3 DATE: s_i q_na In -Lieu Fee Worksheet Example: Permit tt I BLD -2003-2587 Perrrut Type : ■ Occupancy I Construction I Sq Feet Address 9025 CASCADA RD IATASCADERO CA 93422 Rate Code I Rate I Calculated Value Actual Value 101a jjjx 1533 Good 92.40 141,649.20 141,649.20 Inclusionary Housing Council Policy 434d 130 Good F 16.10 483.00 1 483.00 MFR Units rv—o Contributing sq feet Description 438 I" 441 Good 24.30 10,716.30 10,716.30 fy—o Contributing sq feet Description $ 120,000.00 T,Qtal cr ribvting sq leet 0ria Ice..,* � 152.$4$ 50 15 ,$4#,50 Affordable Housing Plan Table 1: Fees with no affordable units Inclusionary Housing Council Policy Proposed Difference In -Lieu Fee MFR Units 135 units 20% Affordable 27 units Valuation $ 120,000.00 Affordable Distribution 20% Very Low 5.0 units 0 units -5 units -100% 37% Low 10.0 units 0 units -10 units -100% 43% Moderate 12.0 units 0 units -12 units -100% 27.0 units 0 units -27 units -100% $ 405,000.00 $3,000 / MFR unit Inclusionary Housing Council Policy Proposed Difference In -Lieu Fee SFR Units 143 units 20% Affordable 29 units Valuation $ 197,000.00 Affordable Distribution 100% Moderate 29 units 0 units -29 units -100% 29 units 0 units -29 units -100% $ 704,275.00 $4,925 / SFR unit ITEM NUMBER: 3 DATE: s -i mn Affordable Housing Plan Table 2: Current Applicant Proposal "A" Inclusionary Housing Inclusionary Housing Council Policy Proposed Difference In -Lieu Fee In -Lieu Fee MFR Units 135 units 20% Affordable 20% Affordable 27 units Valuation Valuation $ 120,000.00 Affordable Distribution Affordable Distribution 20% Very Low 20% Very Low 5.0 units 2 units -3 units -60% 37% Low 37% Low 10.0 units 5 units -5 units -50% 43% Moderate 43% Moderate 12.0 units 17 units 5 units 42% 27.0 units 27.0 units 24 units -3 units -11% $ 45,000.00 $1,034 / MFR unit $405 / MFR unit Inclusionary Housing Council Policy Proposed Difference In -Lieu Fee In -Lieu Fee SFR Units 143 units 20% Affordable 20% Affordable 29 units Valuation Valuation $ 197,000.00 Affordable Distribution Affordable Distribution 100% Moderate 100% Moderate 29 units 4 units -25 units -86% 29 units 29 units 4 units -25 units -86% $ 605,775.00 $3,602 / SFR unit $4,358 / SFR unit Affordable Housing Plan Table 3: Current Applcant Proposal "B" Inclusionary Housing Council Policy Proposed Difference In -Lieu Fee MFR Units 135 units 20% Affordable 27 units Valuation $ 120,000.00 Affordable Distribution 20% Very Low 5.0 units 2 units -3 units -60% 37% Low 10.0 units 5 units -5 units -50% 43% Moderate 12.0 units 12 units 0 units 0% 27.0 units 19 units -8 units -30% $ 120,000.00 $1,034 / MFR unit Inclusionary Housing Council Policy Proposed Difference In -Lieu Fee SFR Units 143 units 20% Affordable 29 units Valuation $ 197,000.00 Affordable Distribution 100% Moderate 29 units 9 units -20 units -69% 29 units 9 units -20 units -69% $ 482,650.00 $3,602 / SFR unit ITEM NUMBER: 3 DATE: 8-19-03 Staff Recommendation: It is staff's opinion that the applicant has the option of requesting the proposed alternative under the City Council policy; however, the Planning Commission should provide a specific recommendation to the City Council regarding the proposed program or any alternative. In addition, it has been City Council policy to request that each phase of the residential units (Except the SFR -3 custom lots) be made available to the local population and workforce as follows (Condition 27): Prior to recordation of final map, the applicant shall enter into a legal agreement with the City to reserve '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: 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. e) The City Attorney shall approve the final form of the agreement 7. Vesting Tentative Tract Map A 150 -lot vesting tentative tract map is proposed as part of the project consistent with the proposed Specific Plan #1 zone change. The tract map has been conditioned by staff and the City Engineer to meet all City standards including on- and off- site street improvements. The applicant will be required to record CC&R's or equivalent mechanism for the map that will include maintenance and access of common areas (Condition 61). 8. Fiscal Impact Analysis General Plan Policy: General Plan Policy 15.3.8 states, "All residential projects of 100 or more dwellings shall be required to prepare a Fiscal Impact Report prior to any discretionary approvals. The Fiscal Impact Report shall analyze all revenues, service costs and facilities costs associated with a project. The City shall require the establishment of Facilities Districts and/or Maintenance Districts to cover revenue short falls on a project". A. Fiscal Impact Report, Model and Purpose: The purpose for developing a fiscal impact model for the City is to estimate the annual impact of new and/or existing development, measured by recurring revenues and costs, on the City's fiscal status. The significance of ITEM NUMBER: 3 DATE: 8-19-03 this type of analysis is to determine whether development is fully paying for all the services that are being provided on its behalf by the City. This is particularly important when the City is approving large project such as the Woodland's Specific Plan. The City needs to insure that the project will not have a negative fiscal impact on the City's general fund. Projects that are found to have a rugative fiscal impact are required to establish funding districts to off set these costs. The model can be customized to reflect a year -by -year absorption scenario, or a build -out (fully -developed) scenario. A year -by -year Model is utilized when the rate of development can be projected with some degree of certainty, as is often the case when the City is reviewing a single proposed development project. A build -out Model is generally employed when a development absorption schedule has not been documented, but long- term goals and service levels have been established. This latter circumstance is often the case when a fiscal analysis is being prepared for a citywide general plan. Only recurring revenues and costs are analyzed in a fiscal impact model. Costs that are considered non-recurring, such as capital expenditures, are excluded from the analysis. This is because new development is generally required to construct its own new capital improvements, such as roads or parks, or to pay fees that enable the City or some other developer to construct these improvements. As these are considered to be "one-time" costs that will not recur, there is no expectation that new development will need to pay for these capital expenditures a second time. Likewise, revenues that are considered to be non-recurring, such as development impact fees paid by developers, are also excluded from the Model. In sum, the Model reflects the estimated recurring annual deficit or the surplus to the City's general fund that will result from the development of one or more projects within the City. B. Residential and Non-residential Fiscal Impacts: The annual recurring revenues and costs for the City can be separated into two categories: residential and nonresidential. Residential development is generally expected to produce an overall negative fiscal impact to the City (a deficit), except in the case of homes with high sales prices that generate sufficient property taxes to eliminate the deficit; nonresidential development usually is expected to generates a positive fiscal impact to the City (a surplus). The purpose of the fiscal analysis is to quantify these expectations in actual dollars. Nonresidential development is typically at an advantage from a fiscal perspective because it is characterized by a greater number of sources of revenue than residential development, including property taxes, property transfer taxes, sales taxes, transient occupancy taxes, business license taxes, and franchise fee revenues. Furthermore, commercial development typically generates fewer calls for emergency service than residential. The majority of the City's general fund is devoted to fund emergency services provided by the City's police and fire department. Residential development has traditionally relied on property taxes as its main source of municipal revenues; but as these taxes have been limited to one percent of a home's ITEM NUMBER: 3 DATE: 8-19-03 assessed value under Proposition 13, new residential development must rely on other revenue sources to cover its costs. Residential development does not generate direct sales taxes, transient occupancy taxes, or business license taxes and requires more emergency services. Also costs, such as recreation services, park maintenance and library costs are generally assigned to residential development because nonresidential development typically receives less benefit from these amenities. Furthermore, the revenues that are derived exclusively from residential development, such as motor vehicle in -lieu and gas taxes, are limited in magnitude, and may be impacted by future legislative acts. C. Specific Plan Fiscal Impact Analysis: Consistent with General Plan Policy 15.3.8 a fiscal analysis of the Woodlands Specific Plan has been prepared by David Taussig & Associates of Newport Beach (DTA). DTA specializes in Public Finance and Urban Economics and has prepared fiscal impact analysis models for cities throughout California, including Paso Robles. The model that DTA created for the project will also be used for other future projects including Dove Creek. DTA created the fiscal model based on the City's latest budget numbers in close collaboration with the Finance Director, Fire Department, Police Department and Public Works Department to ensure accurate cost factors were incorporated into the model. The model works by calculating the costs and revenues of each land use within the project based on residential units or commercial square footage. The model then calculates costs to the City to provide services to the project such as police, fire, parks, and roads. The service cost are based on the population and facilities within the project. The end product of the model is a calculation of the dollars per year impact that each unit will have on the City either positive or negative. The fiscal model is included in the Planning Commission packets. D. Fiscal Impact Mitigation: The preliminary results of the DTA model demonstrate that the Woodlands Specific Plan would have a net negative fiscal impact on the City of Atascadero to provide road maintenance, police services and fire services. The Draft DTA model indicates that City costs for road maintenance, police services and fire services will range between $300 to $400 per unit per year. It is roughly estimated that the project will require $100,000 in services per year beyond the project revenues at build out. The DTA model will be considered in draft form until City Council approval. Staff is recommending that the following condition of approval be applied to the project as fiscal mitigations requiring that a benefit assessment district be established to cover this cost difference (Conditions 28 and 29). Project Road Maintenance and Emergency Services Funding (Condition 28) The emergency services and road maintenance costs of the project shall be 100% funded by the project in perpetuity. The service and maintenance cost may be funded through a benefit assessment district or other mechanism established by the developer subject to City approval. The funding mechanism must be in place prior to or concurrently with acceptance of the any final maps. The funding mechanism shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any final map. ITEM NUMBER: 3 DATE: 8-19-03 a. All streets, sidewalks, streetlights, street signs, roads, emergency access roads, emergency access gates within the project. b. All Atascadero Police Department service costs to the project. c. All Atascadero Fire Department service costs to the project. The cost of maintenance for landscaping, medians, open space and recreational facilities will be calculated in a separate engineers report and are not included in the DTA study. Staff is recommending that the following conditions of approval be applied to the project as fiscal mitigations: Project Landscape Maintenance Requirement (Condition 29) The following landscape maintenance items are the 100% responsibility of the project to maintain in perpetuity. An engineer's report quantifying the maintenance costs shall be prepared to determine actual maintenance costs. The facilities may be maintained through a homeowners association, assessment district, benefit assessment district, landscaping and lighting district, or other mechanism to fund and perform short and long term maintenance. The funding mechanism must be in place prior to or concurrently with acceptance of the any final maps. The funding mechanism shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any final map. a. All parks, trails, recreational facilities and like facilities. b. All open space and native tree preservation areas. c. All drainage facilities and detention basins. d. All common landscaping areas, street trees, medians, parkway planters, manufacture slopes outside private yards, and other similar facilities. 9. General Plan Consistency The Specific Plan is generally consistent with the land uses set forth in the General Plan with 278 residential units comprised of 28 small lot single-family, 94 standard lot single-family, 21 estate lot single-family, and 135 multi -family residential units. The 21 estate lots will have the option of constructing a small second residential unit not to exceed 800 square feet. Either the main residence or the second unit must be owner -occupied (Condition 14). Of the 135 multi -family units, it is anticipated that there will be a mix of rental apartments and for - sale town homes, which will add to the diversity of housing opportunities within the project site. The multi- family residential units include 9 bonus units requested under the City's General Plan Policy 2.1.2 for exceptionally high design quality. 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: 3 DATE: 8-19-03 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 9: Require the approval of a Specific Plan for single-family residential project of 100 units or greater. ■ Program 10: Require the comprehensive master planning of large development projects to minimize environmental impacts and maximize community compatibility. Projects identified in Table II -5 and Figure II -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. Land Use Policy 2.1.2: "Development standards and procedures to allow the Planning Commission to grant up to a 15% density bonus for attached multi family project of exceptionally high design quality through the Conditional Use Permit process ". 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. " Land Use Policy 15.3.8 states, `All residential projects of 100 or more dwellings shall be required to prepare a Fiscal Impact Report prior to any discretionary approvals. The Fiscal Impact Report shall analyze all revenues, service costs and facilities costs associated with a project. The City shall require the establishment of Facilities Districts and/or Maintenance Districts to cover revenue shortfalls on a project". 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, inclusion of affordable housing units, and the proposed designation and improvement of 54.4 acres of dedicated open space. As conditioned, the project incorporates site plan, high quality design, open space and landscape elements, tree preservation, and facilities maintenance mechanism to cover City service costs associated with the project. ITEM NUMBER: 3 DATE: 8-19-03 10. Findings As specified in the City's General Plan and Zoning Ordinance, the following specific findings for the proposed Zone Text, Zone Change, Specific Plan adoption, and the native tree removal shall be made in order to approve the proposed project: A. SP -1 Zone Text Findings 1. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) including the SP -1 Ordinance; and, 2. 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, 3. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 4. Modification of development standards or processing requirements is warranted to promote orderly and harmonious development. S. 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. 6. Benefits derived from the Specific Plan #1 zone cannot be reasonably achieved through existing development standards or processing requirements 7. 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 General Plan Land Use Element. B. SP -1 Rezone Findings The proposed project or use is consistent with the General Plan; and, 1. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) including the SP -1 Ordinance; and, 2. 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, ITEM NUMBER: 3 DATE: 8-19-03 3. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 4. Modification of development standards or processing requirements is warranted to promote orderly and harmonious development. S. 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. 6. Benefits derived from the Specific Plan #1 zone cannot be reasonably achieved through existing development standards or processing requirements 7. 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 General Plan Land Use Element. 8. The proposed project offers certain redeeming features to compensate for the requested modifications. 9. The proposed 135 multi family units will be of exceptional design quality. C. Woodlands Specific Plan Findings 1. The proposed project or use is consistent with the General Plan; and, 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) including the SP -1 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. The proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5. The Specific Plan development standards or processing requirements is warranted to promote orderly and harmonious development; and 6. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element; and 7. The Specific Plan standards or processing requirements will enhance the ITEM NUMBER: 3 DATE: 8-19-03 opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area; and 8. Benefits derived from the Specific Plan #1 zone cannot be reasonably achieved through existing development standards or processing requirements; and 9. The proposed project offers certain redeeming features to compensate for the requested zone change; and 10. The proposed 135 multi family units within the Specific Plan area will be of exceptional design quality. 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 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 subdivision with dedicated open space and native tree preservation under a Specific Plan zoning designation is consistent with the General Plan and compatible with the surrounding land uses. 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. 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 and tiered under the General Plan Environmental Impact Report, the proposed Specific Plan 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. ITEM NUMBER: 3 DATE: 8-19-03 12. Proposed Environmental Determination Staff has prepared an Environmental Impact Assessment in the form of a Draft Mitigated Negative Declaration, tiered from the City of Atascadero General Plan Environmental Impact Report. The document was circulated to the State Clearinghouse, public agencies and interested members of the public on July 7, 2003. The technical documentation provided by the applicant and analyzed by staff has been incorporated into the environmental documentation. The environmental analysis identifies concerns regarding potential impacts to aesthetics, air quality, biological resource including native tree protection, cultural resources, geology & soils, hydrology & water quality, land use and planning, noise, public services, recreation, transportation/traffic. and utility systems. Mitigation measures pertaining these resources are included. 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 2003-0026. 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. 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 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 Suburban. The Commission should specify the reasons for denial of the project and make an associated finding with such action. ITEM NUMBER: 3 DATE: 8-19-03 PREPARED BY: Steve McHarris, Planning Services Manager ATTACHMENTS: Attachment 1: Location Map, Zoning and General Plan Attachment 2: Draft Resolution PC 2003-0066 of Approval Proposed Mitigated Negative Declaration Attachment 3: Draft Resolution PC 2003-0067 Draft Resolution of Approval of Proposed SP -1 - Zone Text Change Attachment 4: Draft Resolution PC 2003-0068 of Approval Proposed Zoning Map Change to SP -1 (Specific Plan #1) Attachment 5: Draft Resolution PC 2003-0069 of Adopt Specific Plan #1 by Resolution Attachment 6: Draft Resolution PC 2003-0070 of Approval Proposed Vesting Tentative Tract Map ITEM NUMBER: DATE: 8-19-03 Attachment 1: Location Map, General Plan Project OS Site PUB GC PUB PUB REC L OS UNINCORPORATED HD � Halcon HDR SFR -Y Road oSs Viejo REC � OS Alondra Camino SFR -X SE Road U EI Camino Real SE MU GC NIN RP GC U.S. Hwy 101 Santa Barbara Road Legend City Limit Line General Plan Land Use Designations B Zoning Boundary SE - Suburban Estates SFR -Y -Single Family Residential (1.0 ac lot min.) Woodlands Speck Plan Boundary SFR -X - Single Family Residential (0.5 acre lot min.) MDR - Medium Denisty Residential (10 units/ac) HDR - High Density Residential (16 units/ac) GC - General Commercial MU - Mixed Use REC - Public Recreation OS - Open Space / V PUB - Public Facilities " General Plan Land Use Designations ITEM NUMBER: 3 DATE: s-1 s-n*i Attachment 1: Location Map, Specific Plan Zone Districts Project Site Sc- Specific P Plan Zone R -16 OS Districts D) � (FH C MFR (F) SFR -3 OS SFR -1 c F 8` m s OS RS RS \ m OS SFR -2 H a CPK -PD FH) CN ? CN o g Legend City Limit Line City of Atascadero Zoning Categories Woodlands Specific Plan Zoning Districts Zoning Boundary P - Public SFR -1 - Single Family Residential OS - Open Space (Small lot) Woodlands Specific CN - Commercial Neighborhood SFR -2 - Single Family Residential Plan Boundary CP -K - Commercial Park (Standard Lot) SFR -3 - Single Family Residential RS - Residential Suburban (Estate Lot) FH - Flood Hazard Overlay MFR - Multi -Family Residential PD7 - Planned Development Overlay OS - Open Space RMF - Residential Multi -Family SC -1 - Service Commercial Planning Commission Resolution 2003-0066 August 19, 2003 Pagel of 3 ATTACHMENT 2: Draft Resolution PC 2003-0066 SPA Woodlands Specific Plan (ZCH2O03-0041, ZCH 2003-0062, TTM 2003-0027) Approval of Draft Mitigated Negative Declaration DRAFT RESOLUTION PC 2003-0066 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO RECOMMENDING THAT THE CITY COUNCIL CERTIFY PROPOSED MITIGATED NEGATIVE DECLARATION 2003-0026 PREPARED FOR ZONE CHANGE 2003-0041, ZCH 2002-0062, AND VESTING TENTATIVE TRACT MAP 2003-0027 APN 045-311-001, 045401-015, 045-401-016, 045-411-001, 045412-001 (Woodlands Specific Plan, Halcon Road / R.W. Hertel & Sons, Inc) WHEREAS, an application has been received from R.W. Hertel & Sons, Inc. (5200 Telegraph Road, Ventura, CA, 93003) Applicant and Gordon Davis Land Co. (7405 Bella Vista, Atascadero, CA 93422) Property Owner to consider a project consisting of a zone change from RS (Residential Suburban) to SP -1 (Specific Plan #1) on a 220 -acre site located at Halcon Road, Atascadero, CA 93422 (APN 045-311-001, 045-401-015, 045-401-016, 045-411-001, 045-412-001); and WHEREAS, the project was analyzed in the General Plan Final Environmental Impact Report, and the Proposed Project Mitigated Negative Declaration 2003-0026 tiers for the Final Environmental Impact Report; and WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2003- 0026 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, August 19, 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 2003-0026 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, Planning Commission Resolution 2003-0066 August 19, 2003 Page 2 of 3 3. The Proposed Mitigated Negative Declaration incorporates mitigation measure and overriding considerations of the General Plan Environmental Impact Report; and 4. The project does not have the potential to degrade the environment when mitigation measures are incorporated into the project. 5. The project will not achieve short-term to the disadvantage of long-term environmental goals. 6. The project does not have impacts, which are individually limited, but cumulatively considerable. 7. 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 2003-0066 August 19, 2003 Page 3 of 3 Exhibit A Proposed Mitigated Negative Declaration 2003-0026 Planning Commission Resolution 2003-0068 August 19, 2003 Pagel of 4 ATTACHMENT 3: Draft Resolution PC 2003-0067 ZCH 2003-0062 Approval of Proposed SPA Zoning District Code Text DRAFT RESOLUTION PC 2003-0067 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO RECOMMENDING THAT THE CITY COUNCIL INTRODICE FOR FIRST READING TO ESTABLISH A SPECIFC PLAN #1 ZONING DISTRICT CODE TEXT(ZCH 2003-0062) FOR USE ON THE PROJECT SITE IDENTIFIED AS PARCELS APN 045-311-001, 045401-015, 045-401-016, 045-411-001, 045412-001 (Woodlands Specific Plan, Halcon Road / R.W. Hertel & Sons, Inc) WHEREAS, an application has been received from R.W. Hertel & Sons, Inc. (5200 Telegraph Road, Ventura, CA, 93003) Applicant and Gordon Davis Land Co. (7405 Bella Vista, Atascadero, CA 93422) Property Owner to consider a project consisting of a zone change from RS (Residential Suburban) to SP -1 (Specific Plan #1) on a 220 -acre site located at Halcon Road, Atascadero, CA 93422 (APN 045-311-001, 045-401-015, 045-401-016, 045-411-001, 045-412-001); and WHEREAS, the site's General Plan Designation is (SFR X) Single -Family Residentia�X, (SFR Y) Single -Family Residentia�Y, (HDR) High Density Residential, (GC) General Commercial, (OS) Open Space; and, WHEREAS, the site's current zoning district is RS (Residential Suburban); and, WHEREAS, the General Plan has designated the project site as an area requiring a comprehensive master plan in order to minimize environmental impacts and maximize community compatibility (General Plan Table II -5) and 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 2003-0026 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 Code Text 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, 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 Planning Commission Resolution 2003-0068 August 19, 2003 Page 2 of 4 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 August 19, 2003, studied and considered Zone Change 2003-0062, 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 Specific Plan #1 Zoning District Code Text. The Planning Commission finds as follows: 1. The proposed project or use is consistent with the General Plan; and, 2. 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, 3. The proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 4. The proposed zone change will not create any new significant and unavoidable impacts to traffic, infrastructure, or public service impacts; and 5. The proposed zone change is consistent with the project -specific Mitigated Negative Declaration; and SECTION 2. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on August 19, 2003 resolved to recommend that the City Council introduce for first reading an ordinance that would amend the City Zoning ordinance with the following: Planning Commission Resolution 2003-0068 August 19, 2003 Page 3 of 4 9-3.690 Establishment of Specific Plan Zone No. 1: (SP -1). A Specific Plan Zone No. 1 is established in on parcels APN 045-311-001, 045-401-015, 045- 401-016, 045-411-001, 045-412-001 with a combined gross acreage of 120 acres. The maximum density within the planned development shall not exceed 269 residential units (except for 9 bonus units allowed by the General Plan), 3.5 acres of service commercial use, and 54.5 acres of open space on the 220 -acre project site the 21 estate lots may contain second units limited to 800 SF. The development standards contained within the Woodlands Specific Plan Policy Document and Appendixes (SP 2003-001), as conditioned shall be applied to all future development within the Specific Plan area, and as follows: (a) The Vesting Tentative Tract Map TTM 2003-0027 and any subsequent amendments for the site shall be consistent with SP 2003-0001. All construction and development shall conform to the approved Specific Plan, as conditioned. (b) No subsequent tentative parcel or tract map shall be approved unless found to be consistent with the approved Woodlands Specific Plan. (c) The commercial area, residential dwelling units, landscaping, walls and fencing shall be subject to review under the City's Appearance Review requirements consistent with the approved Woodlands Specific Plan. (d) Building setbacks lot sizes, landscape area, and lot coverage shall be as identified within the approved Woodlands Specific Plan. (e) Alterations or additions to established dwelling units shall be subject to the density standards of the Specific Plan zone and shall be reviewed pursuant to the Woodlands Specific Plan development standards. (f) The Specific Plan shall be adopted and amended by City Council Resolution Planning Commission Resolution 2003-0068 August 19, 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 2003-0068 August 19, 2003 Page 5 of 4 ATTACHMENT 4: Draft Resolution PC 2003-0068 Specific Plan #1 (ZCH 2003-0041) Approval of Proposed Zoning Map Change DRAFT RESOLUTION PC 2003-0068 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO RECOMMENDING THAT THE CITY COUNCIL APPROVE ZONE CHANGE 2003-0041, AMENDING THE OFFICIAL ZONING MAP DESIGNATION OF APN 045-311-001, 045401-015, 045-401-016, 045-411-001, 045412-001 FROM RS to SP -1 (Woodlands Specific Plan, Halcon Road / R.W. Hertel & Sons, Inc) WHEREAS, an application has been received from R.W. Hertel & Sons, Inc. (5200 Telegraph Road, Ventura, CA, 93003) Applicant and Gordon Davis Land Co. (7405 Bella Vista, Atascadero, CA 93422) Property Owner to consider a project consisting of a zone change from RS (Residential Suburban) to SP -1 (Specific Plan #1) on a 220 -acre site located at Halcon Road, Atascadero, CA 93422 (APN 045-311-001, 045-401-015, 045-401-016, 045-411-001, 045-412-001); and WHEREAS, the site's General Plan Designation is (SFR X) Single -Family Residentia�X, (SFR Y) Single -Family ResidentiapY, (HDR) High Density Residential, (GC) General Commercial, (O S) Open Space; and, WHEREAS, the site's current zoning district is RS (Residential Suburban); 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, August 19, 2003, studied and considered Zone Change 2003-0041, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and, Planning Commission Resolution 2003-0068 August 19, 2003 Page 6 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 SP -1 Specific Plan District. The Planning Commission finds as follows: 1. The proposed project or use is consistent with the General Plan; and, 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) including the SP -1 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. The proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development. SECTION 2. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on August 19, 2003, resolved to recommend that the City Council introduce for first reading an ordinance (ZCH 2003-0041) that would rezone the subject site consistent with the following: 1. Exhibit A: Zone Change Map Planning Commission Resolution 2003-0068 August 19, 2003 Page 7 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 2003-0068 August 19, 2003 Page 8 of 4 Exhibit A: Zone Change Map 2003-0041 Official Zoning Map Change APN: 045-311-001, 045-401-015, 045-401-016, 045-411-001, 045- 412-001. Existing Zone: RS a Amended Zone: SPA oa C (F) SP -1 0 cF 8` 16 \ RS RS � o H 0 CPK -PD FH) CN ? CN c5 o g Legend City Limit Line City of Atascadero Zoning Categories Zoning Boundary P - Public SP -1 — Woodlands Specific Plan OS - Open Space Woodlands Specific CN - Commercial Neighborhood Plan Boundary CP -K - Commercial Park RS - Residential Suburban FH - Flood Hazard Overlay PD7 - Planned Development Overlay RMF - Residential Multi -Family Planning Commission Resolution 2003-0069 August 19, 2003 ATTACHMENT 5: Draft Resolution PC 2003-0069 Woodlands Specific Plan SP2003-0001 Approval of Proposed Specific Plan DRAFT RESOLUTION PC 2003-0069 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO RECOMMENDING THAT THE CITY COUNCIL APPROVE THE WOODLANDS SPECIFIC PLAN SP 2003-0001 FOR THE SP -1 ZONING DISTRICT OF APN 045-311-001, 045-401-015, 045401-016, 045-411-001, 045-412-001 (Woodlands Specific Plan, Halcon Road / R.W. Hertel & Sons, Inc) WHEREAS, an application has been received from R.W. Hertel & Sons, Inc. (5200 Telegraph Road, Ventura, CA, 93003) Applicant and Gordon Davis Land Co. (7405 Bella Vista, Atascadero, CA 93422) Property Owner to consider a project consisting of a zone change from RS (Residential Suburban) to SP -1 (Specific Plan #1) on a 220 -acre site located at Halcon Road, Atascadero, CA 93422 (APN 045-311-001, 045-401-015, 045-401-016, 045-411-001, 045-412-001); and WHEREAS, the site's General Plan Designation is (SFR X) Single -Family Residential -X, (SFR Y) Single -Family ResidentiapY, (HDR) High Density Residential, (GC) General Commercial, (OS) Open Space; and, WHEREAS, the site's current zoning district is RS (Residential Suburban); and, WHEREAS, the Planning Commission has recommended that a site be rezoned to include a SP -1 zoning district which requires the adoption of the Woodlands Specific Plan document and appendix; 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 Woodlands Specific Plan; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on Tuesday, August 19, 2003, studied and considered the Specific Plan documentation, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and Planning Commission Resolution 2003-0069 August 19, 2003 NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Findings for Approval of Woodlands Specific Plan The Planning Commission finds as follows: 1. The proposed project or use is consistent with the General Plan; and, 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) including the SP -1 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. The proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5. The Specific Plan development standards or processing requirements is warranted to promote orderly and harmonious development; and 6. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element; and 7. The Specific Plan 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; and 8. Benefits derived from the Specific Plan #1 zone cannot be reasonably achieved through existing development standards or processing requirements; and 9. The proposed project offers certain redeeming features to compensate for the requested zone change; and 10. The proposed 135 multifamily units within the Specific Plan area will be of exceptional design quality. SECTION 2. Findings for Approval of Tree Removal. 1. The trees are dead, diseased or injured beyond reclamation, as certified by a tree condition report from an Arborist; 2. The trees are obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from the Site Planner and determined by the Community Development Department based on the following factors: ■ Early consultation with the City; Planning Commission Resolution 2003-0069 August 19, 2003 Consideration of practical design alternatives; Provision of cost comparisons (from applicant) for practical design alternatives; If saving tree eliminates all reasonable uses of the property; or If saving the tree requires the removal of more desirable trees. SECTION 3. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on August 19, 2003, resolved to recommend that the City Council approval of the Woodlands Specific Plan SP -1 and tree removals subject to the following: EXHIBIT A: Conditions of Approval / Mitigation Monitoring EXHIBIT B: Woodlands Specific Plan, June 30, 2003 EXHIBIT C: Statistical Summary EXHIBIT D: Conceptual Amenities Site Plan EXHIBIT E: Conceptual Architectural Elevations EXHIBIT F: Affordable Housing Plan Planning Commission Resolution 2003-0069 August 19, 2003 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 2003-0069 August 19, 2003 EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program SPA The Woodlands Specific Plan (ZCH 2003-0062, ZCH 2003-0041) Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services The Woodlands Specific Plan GP: Grading Permit FD: Fire Department SP -1 Specific Plan BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer ZCH 2003-0062/ZCH 2003-0041 / SP 2003-0001 TO: Temporary Occupancy F0: Final Occupancy WW: Wastewater CA: City Attorney Planning Services 1. The approval of this zone change shall become final and On-going PS effective following City Council approval. 2. Precise design standards and guidelines for the On-going PS development of land are contained within the Woodlands Specific Plan and supersede the City's existing zoning code, public works standards, and other regulations. Where this plan is silent, city codes effective upon the date of adoption of the Specific Plan shall apply. 3. Approval of this Specific Plan shall be valid concurrently with On-going PS the life of Tentative Tract Map 2003-0027 and then indefinitely following final map. The Specific Plan approval shall expire and become null and void unless a final map is recorded consistent with the Specific Plan, dated 6/30/03 and Appendix (Exhibits A F), as conditioned. 4. Any subsequent condition of approval amending the Specific Plan or Appendix shall be incorporated into the final Specific Plan document. 5. The Woodlands Specific Plan #1 and Appendix documents On-going PS (Exhibits A — F) shall be adopted by resolution. Changes to the Specific Plan shall be approved by the City Council without requiring second readings and codification of the Specific Plan Document. 6. The Community Development Department shall have the On-going 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 Specific Plan. The Planning Commission shall have the final authority to approve any other changes to the Specific Plan and any associated Tentative Maps. 7. All subsequent Tentative Tract Map and construction GP, BP PS, CE permits shall be consistent with the Specific Plan contained herein. 8. The proposal to construct a non -potable water line that PS, CE would replace the potable water currently being used for irrigation at Paloma Creek Park and for irrigation on the project site shall be deleted from the Specific Plan and Planning Commission Resolution 2003-0069 August 19, 2003 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services The Woodlands Specific Plan GP: Grading Permit FD: Fire Department SP -1 Specific Plan BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer ZCH 2003-0062/ZCH 2003-0041 / SP 2003-0001 TO: Temporary Occupancy F0: Final Occupancy WW: Wastewater CA: City Attorney maps. 9. The SFR -1, SFR -2, and SFR -3 street -facing residential BP PS elevations shall be designed and constructed with the following architectural elements and materials appropriate to the selected architectural design: ■ Usable front yard porches, porticos, or courtyards (minimum 6 -foot depth); ■ High quality architectural grade wood style or similar sectional garage doors; ■ Window shutters and/or decorative window trim; ■ Variety of siding (i.e. masonry, hand -toweled stucco, wood); ■ Masonry building base, chimney, column materials (i.e. stone, brick, pre -cast concrete trim or banding). This treatment shall return along side elevations to a logical terminus point such as a side yard fence, chimney or doorway; ■ Variety of roofing materials (i.e. flat, curved, S -style, barrel tile, shingles); ■ Decorative vents; ■ Decorative iron treatment (Mediterranean only); ■ Ornamental lighting; ■ Minimum of two body colors per house with a third accent color; and ■ Any painted garage door colors shall match the body color. 10. The SFR -1, SFR -2, and SFR -3 architectural styles of the BP PS plan shall include Craftsman, Traditional, Monterey Ranch, California and Bungalow. There shall be minimum three different elevations for the SFR -1 and three different elevations for the SFR -2 residential areas. 11. The applicant shall work with staff on selection of BP PS building colors and roofing materials that provide a variety of earth -tone color and texture with accent colors that blend with the natural oak woodlands surroundings and provide a high quality residential neighborhood appearance, consistent with the intent of the Specific Plan development standards for the SFR -1, SFR -2, SFR - 3, and Multi -family residences, selections subject to staff approval. 12. The developer shall install SFR -1 and SFR -2 front yard BP PS landscaping and landscaping of all slopes exceeding five (5) feet in height, prior to occupancy of the units. 13. TT,hA :21 CCR 2 ost@ o hots shall be s ibjert tQ GGR_l7 BP PS The MFR shall be in the first phase of development. 14. SFR -3 second units are to be as follows: BP PS ■ One second unit per lot, subject to development standards contained within the Woodlands Specific Planning Commission Resolution 2003-0069 August 19, 2003 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services The Woodlands Specific Plan GP: Grading Permit FD: Fire Department SP -1 Specific Plan BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer ZCH 2003-0062/ZCH 2003-0041 / SP 2003-0001 TO: Temporary Occupancy F0: Final Occupancy WW: Wastewater CA: City Attorney Plan; ■ Lots with a second units shall contain a deed restriction requiring at least one of the units be owner occupied; ■ Second units and homes shall be sited within building envelopes identified on the project tract map. 15. SFR -3 lots 138 through 142 shall contain a 22 -foot height BP PS restriction to minimize view intrusions within the ridgeline. 16. SFR -3 area shall include: • Common area landscaping, entry landscaping features, and fencing to be installed by the developer; • No main or individual lot entry gates; and • Up to two 15 gallon, double staked street trees shall be installed by each lot owner at the time of individual lot development, with type and locations subject to staff approval. 17. Future development of the SC -1 site shall include: BP PS • Planning Commission approval of a Conditional Use Permit and Master Plan of Development prior to building permits; • Compatible landscaping along Halcon Road and the railroad compatible with the existing pastoral oak woodlands surroundings; • Solid high-quality screening be applied to any storage yard; and • Architectural theme be compatible with the rural appearance of the surrounding properties and rail line. 18. Future development of the MFR site shall include: • Planning Commission approval of a Conditional Use Permit and Master Plan of Development prior to building permits; • Architectural style consistent with Conceptual Architectural Elevations, Exhibit E; and • Architectural elements consistent with those identified in Condition #9; • Tot lot to include different variations of commercial - grade swing set, slide, climbing apparatus or similar equipment; • Site Amenities Plan (Exhibit D); and • Density bonus approval. 19. All site development shall be consistent with the maximum BP PS, BS intensities described in the statistical project summary as shown on Exhibit C. 20. All site work, grading and site improvements shall be BP PS, BS, CE consistent with the Specific Plan and as shown in the site amenities plan (Exhibit D) and tentative tract map. 21. The project shall comply with the City of Atascadero native BP PS, BS Tree Ordinance with payment into the native tree fund of $155,350 and replanting of 1,321 five -gallon size native trees, or a combination of five -gallon and larger size trees Planning Commission Resolution 2003-0069 August 19, 2003 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure in Specific Plan Appendix F. Affordable unit phasing PS: Planning Services schedule shall be approved by the City Council. BL: Business License BS: Building Services The Woodlands Specific Plan GP: Grading Permit FD: Fire Department SP -1 Specific Plan BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer ZCH 2003-0062/ZCH 2003-0041 / SP 2003-0001 TO: Temporary Occupancy F0: Final Occupancy WW: Wastewater CA: City Attorney credited per the native tree ordinance. The fund payment and number of trees planted may vary but shall be compliant with the tree preservation ordinance. 21. A final landscape, irrigation plan, and native tree BP PS, BS replacement plan shall be approved as part of the subdivision tract site improvement plan consistent with the site amenities plan (Exhibit D). Typical landscape and irrigation plans shall be approved prior to building permits, including the following: ■ 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 (except SFR -3 area) within the project site shall be landscaped by the developer; ■ All on-site street frontages (except SFR -3 street), and common open space areas shall be landscaped by the developer; ■ Street, yard and ornamental (non-native) hillside trees shall be minimum 15 -gallon size and double staked. ■ Natural revegetated slope areas are calculated to be 5 - galllon size but may be an equivalent combination of 5 gallon and larger container sizes and credited per the native tree ordinance. 23. Project fencing shall be installed consistent with the Specific GP PS Plan. Any new or replacement perimeter or site entry BP fencing shall be of rural post and wire or wood post and wood rail (unfinished or stained), subject to staff approval. 24. Retaining wall design & material shall match or compliment GP PS the texture and color of the existing or proposed landscape. BP 25. The project entrance shall be designed to accommodate a GP CE future intersection with Paloma Creek Park, and BP pedestrian/bicycle connection and creek crossing between the project site and Paloma Creek Park. 26.Affordable residential units shall be reserved as deed BP PS, CE restricted affordable units for a 30 -year period as identified in Specific Plan Appendix F. Affordable unit phasing schedule shall be approved by the City Council. Planning Commission Resolution 2003-0069 August 19, 2003 27. Workforce Housing Prior to recordation of final map, the applicant shall enter into a legal agreement with the City to reserve '/2 of the units fo r 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; and The City Attorney shall approve the final form of the agreement. 28. Project Road Maintenance and Emergency Services PS, CE Funding: (Referenced from Mitigation Measure 14) The emergency services and road maintenance costs of the project shall be 100% funded by the project in perpetuity. The service and maintenance cost may be funded through a benefit assessment district or other mechanism established by the developer subject to City approval. The funding mechanism must be in place prior to or concurrently with acceptance of the any final maps. The funding mechanism shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any final map. a) All streets, sidewalks, streetlights, street signs, roads, emergency access roads, emergency access gates within the project. b) All Atascadero Police Department service costs to the project. c) All Atascadero Fire Department service costs to the project. 29. Project Landscape Maintenance Requirement: (Referenced from Mitigation Measure 14) The following landscape maintenance items are the 100% responsibility of the project to maintain in perpetuity. An engineer's report quantifying the maintenance costs shall be prepared to determine actual maintenance costs. The facilities may be maintained through a homeowners association, assessment district, benefit assessment district, landscaping and lighting district, or other mechanism to fund and perform short and long term Planning Commission Resolution 2003-0069 August 19, 2003 maintenance. The funding mechanism must be in place prior to or concurrently with acceptance of the any final maps. The funding mechanism shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any final map. a) All parks, trails, recreational facilities and like facilities. b) All open space and native tree preservation areas. c) All drainage facilities and detention basins. d) All common landscaping areas, street trees, medians, parkway planters, manufacture slopes outside private yards, and other similar facilities. Fire Marshal 30. Plans and tract map shall identify existing and BP BS proposed fire hydrants. 31. Applicant shall provide a letter from the Atascadero BP BS Mutual Water Company stating the minimum expected water available to the site. Amount available must meet min. requirement specified in the California Fire Code. 32. Note approved address signage is to be provided. BP BS 33. 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 34. In the event that the applicant bonds for the public GP, BP CE improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 35. 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. 36. The Subdivision Improvement Agreement shall record GP, BP CE concurrently with the Final Map. 37. The applicant shall enter into a Plan Check/Inspection GP, BP CE agreement with the City. 38. A six (6) foot Public Utility Easement (PUE) shall be GP, BP CE provided contiguous to the property frontage. 39. The applicant shall acquire title interest in any off-site GP, BP CE land that may be required to allow for the construction of he 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. Planning Commission Resolution 2003-0069 August 19, 2003 40. Slope easements shall be obtained by the applicant GP, BP CE as needed to accommodate cut or fill slopes. 41. Drainage easements shall be obtained by the GP, BP CE applicant as needed to accommodate both public and private drainage facilities. 42. A preliminary subdivision guarantee shall be GP, BP CE submitted for review in conjunction with the processing of the tract map. 43. 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. 44. Prior to recording the tract map, the applicant shall GP, BP CE pay all outstanding plan check/inspection fees. 45. Prior to recording the map, the applicant shall GP, BP CE complete all improvements required by these conditions of approval. 46. Prior to recording the tract map, the applicant shall GP, BP CE set monuments at all new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the parcel map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 47. Prior to recording the tract 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 map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 48. All existing and proposed utility, pipeline, open space, GP, BP CE or other easements are to be shown on the final/parcel map. If there are building or other restrictions related to the easements, they shall be noted on the final/parcel map. The applicant shall show all access restrictions on the final/parcel map. 49. Prior to recording the tract 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. 50. Prior to the issuance of building permits the applicant GP, BP CE shall submit plans and supporting calculations/reports including street improvements, underground utilities, composite utilities, and grading/drainage plans prepared by a registered civil engineer for review and approval by the City Engineer. City Engineer Site Specific Conditions Drainage: GP, BP CE 51. Submit calculations to support the design of any structures or pipes. Closed conduits shall be designed to convey the 10 -year flow with gravity flow, the 25 -year flow with head, and provide safe conveyance for the 100 -year overflow. Planning Commission Resolution 2003-0069 August 19, 2003 52. Provide for the detention of the 50 year developed GP, BP CE storm runoff, while metering out the 2 year undeveloped storm runoff. 53. Drainage basins shall be designed to desilt, detain GP, BP CE and meter storm flows as well as release them to natural runoff locations. 54. The drainage basins shall be landscaped with native GP, BP CE plantings. 55. A mechanism for funding and maintenance of the GP, BP CE storm drain facilities shall be provided. 56. Show the method of dispersal at all pipe outlets. GP, BP CE Include specifications for size & type. 57. Show method of conduct to approved off-site GP, BP CE drainage facilities. 58. Concentrated drainage from off-site areas shall be GP, BP CE 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. If drainage easement cannot be obtained the storm water release must follow the exact historic path, rate and velocity as prior to the subdivision. 59. Applicant shall submit erosion control plans and a GP, BP CE Storm Water Pollution Prevention Plan (SWPPP). The Regional Water Quality Control Board shall approve the SWPPP. General: 60. Prior to final map recordation, the applicant shall GP, BP CE provide a detailed cost analysis and breakdown of all maintenance required and the amount to be billed to each property annually. The analysis shall include scheduled maintenance including slurry seals, overlays, etc. The analysis shall include administrative fees. 61. Prior to final map recordation, A Homeowner's GP, BP CE Association shall be created and CC&R's recorded providing for the funding and performance of required maintenance within the SFR -3 district, including private streets, private wastewater pump station and sewer, drainage swales and structures. 62. The applicant shall enter a Subdivision Improvement GP, BP CE Agreement with the City of Atascadero prior to recording the final map. Traffic Mitigation: 63. The following off-site traffic mitigations shall be the GP, BP CE responsibility of the project: A. Santa Barbara Road/EI Camino Real: Install Traffic Signal / Widen Intersection This is required to be installed prior to occupancy of the first unit. The construction costs for the signal will be counted as credit toward the Traffic Impact Fee. B. Viejo Camino/EI Camino Real: Install Traffic Signal The City Engineer is requiring this improvement. This is a "T" intersection and the left turn movement Planning Commission Resolution 2003-0069 August 19, 2003 off of Via Camino is a low volume movement. This improvement was not identified as a need improvement in the City of Atascadero Circulation Element. C. Halcon Road/Via Camino: dedicated westbound right and left turn lanes This is required to be installed prior to the occupancy of the first unit. The improvement is the sole responsibility of this development. D. Santa Barbara Road/US 101 Interchange The study found that the following improvements are required for the interchange. Also listed is the percent "fair share" that this project is responsible for the improvement. ■ Santa Barbara Road/US 101 SB Ramps: Install Traffic Signal (25.8%) ■ Santa Barbara Road/US 101 NB Ramps: Install Traffic Signal (27.5%) ■ Santa Barbara Road/San Antonio Road: Install Traffic Signal (26.2%) E. Provide 3 -way stop at Halcon Road/Project Entrance These interchange improvements that are not identified as needed improvements in the City of Atascadero Circulation Element and the Growth Mitigation Program. Therefore, the growth mitigation fee does not cover the improvements. The developer is required to submit engineers estimate for the cost of construction of the improvements. The developer shall pay the percent "fair share" of the engineer's estimates. These funds wll be placed in an account for the Santa Barbara Interchange. The developer may pay the amount incrementally with each building permit. Public Improvements Planning Commission Resolution 2003-0069 August 19, 2003 64. The route for the project entrance down Halcon Road, GP, BP CE south bound on Via Camino to Santa Barbara Road, west bound on Santa Barbara Road to EI Camino Real shall be improved as follows: • Widen, stripe and improve the route to Engineering Standard 403 "Rural Collector". • Repair and overlay the road surface with a minimum of two inch of asphalt surface. 65. All public improvements shall be constructed in GP, BP CE conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer 66. The intersection of EI Camino Real and Santa GP, BP CE Barbara shall be fully improved to include a traffic signal. 67. Pedestrian facilities shall be constructed to connect GP, BP CE the project to Paloma Park. This shall include a safe pedestrian crossing, a paved path and pedestrian bridge across Paloma Creek. 68. A Class II bike path shall be installed to connect the GP, BP CE project to EI Camino Real. The bike path may consist of a Class I bike path through Paloma Park. 69. A mechanism to provide for the funding and GP, BP CE maintenance of lighting, street improvements, special paving surfaces, sewer, storm drain, common area landscape, open space, and hardscape shall be provided. 70. Pedestrian sidewalk shall be provided on all public GP, BP CE streets. 71. All collectors shall be improved to City Standards and shall include standard curb and gutter. 72. All residential streets shall be improved to City GP, BP CE Standards. The City Engineer shall approve any deviation from the standard curb and gutter. Wastewater 73. No sewer system currently exists in proposed project GP, BP CE area. Should Atascadero Woodlands be the first development to require connection to the new sewer system mainline extension, the developer of the Woodlands will be responsible for the financing and construction of the mainline from the treatment plant to the Woodland's point of connection. 74. The mainline shall be built with sufficient capacity to GP, BP CE accommodate development within the Plan Area as well as new development in the area and existing uses. 75. Development using the sewer extension, within fifteen GP, BP CE (15) years, shall be responsible for reimbursing the Woodlands developer proportionate to their rate of use. 76. A mechanism must be provided to fund and maintain GP, BP CE all sewer mains throughout the project area. 77. Lift Stations shall be equipped with duplex pumps. GP, BP CE 78. Catalog cuts of equipment that will be installed in lift GP, BP CE station shall be submitted and approved by the City Engineer. Planning Commission Resolution 2003-0069 August 19, 2003 79. Lift station shall be equipped with an alarm dialer, GP, BP CE programmed to notify qualified maintenance personnel when malfunctions occur. 80. Applicant shall submit a lift station GP, BP CE emergency/contingency plan that addresses protection of public health and the environment from sewage spills caused by equipment malfunctions and prolonged power outages. 81. Provisions for the repair and maintenance of the GP, BP CE private wastewater pump station shall be included in the CC&R's for this tract. Included shall be a mechanism to maintain the private wastewater pump station, such as a homeowners association. The City Engineer and City Attorney shall approve the final form prior to recordation. Atascadero Mutual Water Company 82. The applicant shall submit plans to AMWC for the GP, BP CE water distribution facilities needed to serve the subdivision. AMWC shall review and approve the plans before recordation of the final map. All new water distribution facilities shall be constructed in conformance with AMWC Standards and Details and the California Waterworks Standards (Code of Regulations Title 22, Division 4, Chapter 16). All cross -connection devices shall conform to AWWA and California Department of Health Services standards. 83. Before recordation of the final map, the applicant GP, BP CE shall grant AMWC the water rights and related easements needed to complete annexation of the property into the AMWC service area. The grant of water rights and related easements is required before AMWC can provide water service to the property. 84. Before the start of construction, the applicant shall GP, BP CE pay all installation and connection fees required by AMWC. Subject to the approval of AMWC, the applicant may enter in to a "deferred connection" agreement. 85. Before issuance of building permits, the applicant GP, BP CE shall obtain a "Will Serve" letter from AMWC for the newly created lots. 86. The applicant shall provide easements to AMWC on GP, BP CE the 3.5 -acre service commercial (SC) parcel for future development of water wells and a treatment building. The applicant and AMWC shall mutually agree upon the location of the easements. The applicant shall not unreasonably withhold its approval of the well and treatment building sites chosen by AMWC. The applicant shall enter an agreement with AMWC that allows for exploratory borings by AMWC to determine the viability of a community well site on the SC parcel. AMWC may waive the requirement to provide easements for water wells and a treatment building if, in the opinion of AMWC, there are no viable community well sites on the SC parcel 87. The water system improvements required to serve the GP, BP CE subdivision shall be laid out in a grid or looped pattern and shall connect to the existing AMWC system on Planning Commission Resolution 2003-0069 August 19, 2003 Alondra and Halcon Roads 88. 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 II - 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 89. The applicant shall provide AMWC with easements GP, BP CE for those water facilities proposed for operation and maintenance by AMWC that are constructed outside of publicly maintained right-of-ways. AMWC shall review the form and content of the easements before recordation. Mitigation Measures AESTHETICS: BP PS, BS, CE 1.c.1 Mitigation Measure 1.c.1: The following landscape mitigations shall apply: ■ Landscaping shall be provided to reduce visual impacts and enhance neighborhood design. Where feasible, existing native vegetation shall be left undisturbed. Impacts to the natural landscape, including open space, oak woodlands, and naturalized grasslands, shall be minimized and revegetated with native species. ■ The project shall include landscaping of all common areas, including slopes, streetscapes, residential front yards, and street trees. ■ The project shall include entryway feature landscaping, median and parkway landscaping, multi -family common area landscaping, and trail staging area. ■ The proposed development shall provide a range of architectural styles consistent with the existing semi -rural character of Atascadero. ■ Approximately 54 acres of open space, which includes oak woodland, preserve, natural grassy areas, trail system, and native revegetated slopes and detention basins shall be preserved and maintained by the applicant with establishment of long-term maintenance agreement by the home -owners association, public facilities maintenance assessment district, or other city -approved mechanism. ■ Street trees shall be 15 -gallon size, double -staked and installed prior to occupancy of each unit. Street trees shall be selected to provide shade over paved areas and pedestrian pathways, reduce urban heat buildup, improve air quality, and provide visual unity to the streetscape. Mitigation Measure 1.c.2: The proposed development shall BP PS, BS, CE 1.c.2 include the use of earth -tone paint and roof colors designed to blend with the surrounding neighborhood and reduce the potential for reflected light and glare. Mitigation Measure 1.c.3: If the proposed project entry feature BP PS, BS, CE 1.c.3 is constructed, it shall include an externally illuminated natural stone -faced masonry wall with individual metal lettering and native planting at the base of the wall. Street lighting shall be low level, earth toned, and located in accordance with the site amenities plan. Mitigation Measure 1.c.4: Within the SFR -1 and SFR -2 Zoning BP PS, BS, CE 1.c.4 District, landscaping shall be included for private front yards as Planning Commission Resolution 2003-0069 August 19, 2003 well as private rear yards with slopes exceeding ten (10) feet in height. Front yard landscaping shall be installed prior to occupancy of the units. In order to minimize the visual impact of fencing up and across tall uphill sloping rear yards, semi- transparent hillside fencing shall be installed consistent with the Specific Plan Hillside Fencing Standards. Mitigation Measure 1.c.5: Common area landscaping and BP PS, BS, CE 1.c.5 gate/entry landscaping features in the SFR -3 zoning district shall include natural stone -faced masonry material and individual metal lettering if signage is required, and native entry planting. Entry trees shall be selected to provide shade over paved areas and pedestrian pathways, reduce urban heat buildup, improve air quality, and provide visual unity to the streetscape. Mitigation Measure 1.c.6: Site development standards include BP PS, BS, CE 1.c.6 landscaping and fencing improvements for the SC -1 zoning district shall be compatible with the same underlying esthetic principles of the residential development and as follows: ■ Development shall avoid removal of existing native oak trees. ■ Development shall avoid impact to native oak trees, as feasible. ■ Grading into the hillside shall be minimized in order to reduce aesthetic impacts and native tree impacts. ■ Site development shall include a minimum 10 -foot wide native landscape planter between Halcon Road and any required perimeter fencing or wall parallel to Halcon Road. On-site native landscape screening shall also be provided parallel to the adjacent railroad tracks. ■ Any proposed perimeter fence or wall shall be of high quality design and of a material compatible with the design intent of the project Specific Plan. • Exterior lighting shall be minimal as described in condition 1.d.1. ■ Identification signage shall be incorporated into the project entry landscape in style and compatibility with the proposed project. Any sign lighting shall be low-level external lighting. Mitigation Measure 1.c.7: The Specific plan includes a range BP PS, BS 1.c.7 of architectural styles consistent with the existing semi -rural character of Atascadero. The architectural styles of the plan shall include Craftsman, Traditional, Monterey Ranch, California and Bungalow as conceptually illustrated within the Plan. Mitigation Measure 1.d.1: Exterior street lighting shall be BP PS, BS, CE 1.d.1 limited to intersection and parking lot locations and be designed to eliminate any off site glare. All street and parking lot exterior site lights shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. All other pedestrian luminaire pole heights shall not exceed 12 feet in height, and all street and parking lot lighting shall not exceed 16 -feet in height, limit intensity to 2.0 foot candles at ingress/egress, and shall otherwise be within a range of 0.6 foot candle minimum to 1.0 maximum. Fixtures shall be shield cut-off type and compatible with neighborhood setting, subject to staff approval. All light pole and fixture styles shall be consistent with the Specific Plan conceptual site amenities plan. 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, and shall be limited in fixture height to 10 feet, and shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. Planning Commission Resolution 2003-0069 August 19, 2003 AIR QUALITY: BP, GP PS, BS, CE 3.b Mitigation Measure 3.b: Each development phase shall be conditioned to 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 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. BP,GP PS, BS, CE 3.b 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 planned to be reworked at dates greater than one month after initial grading s hould 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 2003-0069 August 19, 2003 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 wash off trucks and equipment before 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. BIOLOGICAL RESOURCES: BP, GP PS, BS 4.a.1 Mitigation Measure: 4.a.1: The applicant shall employ a qualified wildlife biologist to conduct on-site focused surveys for the burrowing owl immediately prior to site disturbance. Results shall be submitted to the City of Atascadero and CDFG if necessary. If this species is found during the survey, site work shall not proceed without specific direction from the CDFG. If the burrowing owl is noted to be present within proposed development areas during the above-mentioned survey, the CDFG may not allow construction/site disturbance to proceed until the owl(s) have vacated the burrow. Mitigation Measure: 4.a.2: To avoid a take of active raptor BP, GP PS, BS 4.a.2 nests, all necessary tree removals should be conducted between mid-September and mid-February, outside of the typical breeding season. If tree removals are determined to be necessary during the typical breeding season, a qualified biologist prior to proposed development activities should conduct a raptor nest survey. The results of the raptor nest survey should then be submitted to CDFG, via a letter report. If the biologist determines that a tree slated for removal is being used for nesting at that time, disturbance should be avoided until after the young have fledged from the nest and achieved independence. If no nesting is found to occur, necessary tree removal could then proceed. Mitigation Measure: 4.a.3: To the extent feasible, avoid all BP, GP PS, BS 4.a.3 ground disturbance activities within woodland and grassland habitats during the typical breeding and nesting period for Loggerhead shrike. Breeding and nesting of this species may commence as early as March, and extends into July and August. If construction activities cannot be avoided during the typical breeding season, retain a qualified biologist to conduct a pre -construction survey to determine presence/absence of nesting loggerhead shrike, and other special -status species with potential to nest in the various habitats of the Woodland property. If no breeding or nesting activities are detected near the proposed work areas, construction activities may proceed. If active nests are found within proposed work areas, construction should be avoided until after the young have fledged from the nest and achieved independence, or upon Planning Commission Resolution 2003-0069 August 19, 2003 approval from CDFG. Mitigation Measure: 4.a.4: To avoid direct disturbance of BP, GP PS, BS 4.a.4 individual Pallid Bats, retain a qualified wildlife biologist to inspect larger trees for the bats as well as other bat species, prior to tree removal. If a specific tree is found to occupy bats, the planned tree removal shall not proceed without direction from the CDFG. Tree removal should only be conducted after the bats have dispersed and under the supervision of a qualified wildlife biologist. Mitigation Measure: 4.a.5: The applicant shall employ a BP, GP PS, BS 4.a.5 qualified wildlife biologist to conduct on-site focused surveys for American badger immediately prior to site disturbance. Results of the survey shall immediately be submitted to the City Of Atascadero, and CDFG as necessary. If active burrows of this species are found within proposed development areas during the survey, site work shall not proceed without direction from CDFG. If American badger is noted to be present within proposed development areas during the above-mentioned survey, construction/site disturbance should not proceed until the animal has vacated the identified burrow. Mitigation Measure: 4.b.1: Prior to final design, the precise BP, GP PS, BS 4.b.1 locations of the ephemeral drainages should be surveyed to determine the extent to which these drainages will be disturbed by proposed construction. Mitigation Measure: 4.b.2: To minimize the potential for GP PS, BS, CE 4.b.2 indirect disturbances of drainages located both on-site and off- site, implement appropriate erosion control measures during construction and limit ground disturbance activities to dry weather to avoid increased surface water runoff and erosion on site, and sedimentation in nearby drainages. Install appropriate erosion control devices down-slope of each construction zone and areas experiencing disturbance of the ground surface. Erosion control devices should be checked on a daily basis to ensure proper function. Mitigation Measure 4.e.1: The 54 acres of proposed opens GP PS, BS 4.e.1 space shall be dedicated to permanent open space with uses restricted to recreation as identified in the Specific Plan, including tot lot location, interpretive trails, trail staging, fencing, and required management/maintenance for fire prevention, public health and safety, and pedestrian trail access. Mitigation Measure 4.e.2: All native trees removed (currently GP PS, BS 4.e.2 estimated at 1,321) shall be replaced and maintained to establishment by planting trees from the arborist's approved list on a one to one ratio. In addition to the replacement trees, the applicant shall plant a minimum of 20 Foothill Pine trees in appropriate open space locations. Replanting plans shall be part of the subdivision tract improvements. Planning Commission Resolution 2003-0069 August 19, 2003 Mitigation Measure 4.e.3: The project shall comply with the GP PS, BS 4.e.3 City of Atascadero native Tree Ordinance with payment into the native tree fund of $155,350 and replanting of 1,321 five - gallon size native trees, or a combination of five -gallon and larger size trees credited per the native tree ordinance. The fund payment and number of trees planted may vary but shall be compliant with the tree preservation ordinance. Per th pay into the tree mitigation f6ind $50.00 fe r LQ -;;c -,h remn­tQd nAk trete This will equal $66,950.00. b@S@d GR 1,321 trees Planning Commission Resolution 2003-0069 August 19, 2003 BP, GP FO, BP, GP, 4.e.4 Mitigation Measure 4.e.4: The developer shall contract with a FI 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, and the 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. The root zone equals 1 -foot radius for every 1 inch of tree trunk diameter. For any trees requiring tree trunk protection, 2" x 4" x 8 foot boards shall be wired together and placed around the tree trunk. (c) As specified by the arborist report and City staff: ■ Prune all trees in active development areas to be saved for structural strength and crown cleaning by a licensed and certified arborist; ■ Remove all debris and spoils from the lot cleaning and tree pruning. ■ In locations where paving is to occur within the tree canopy, grub only and do not grade nor compact. Install porous pavers over a three-inch bed of 3/4 inch granite covered with one -inch pea gravel for screeding. If curbs are required, use pegged curbs to secure the porous pavers. Pegged curbs are reinforced six to eight curbs poured at grade with a one -foot by one -foot pothole every four to six linear feet. ■ All trenching or grading within the protected root zone area, outside of the tree protection fence shall require hand trenching or preserve and protect roots that are larger than 2 inches in diameter. ■ No grading or trenching is allowed within the fenced protected area. ■ Any roots that are 4 inches in diameter or larger are not to be cut until inspected and approved by the on- site arborist. (d) Upon project completion and prior to final occupancy of any development phase 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 4.e.5: The building permit site plan shall BP, GP PS, BS 4.e.5 identify all protection and enhancement measures recommended by the Certified Arborist in the Tree Protection Plan, dated 2/27/03. Tree protection fencing shall be installed at the locations called out in the Tree Protection Plan and/or as recommended by the project arborist. Planning Commission Resolution 2003-0069 August 19, 2003 Mitigation Measure 4.e.6: The following cut & fill slope BP, GP PS, BS 4.e.6 restoration is required : ■ Refer to tree protection plan dated 2/27/03 for planting specifications, sequence and procedures. ■ Temporary plant irrigation shall be installed to adequately water plantings for a period of not less than three years. • All cut and fill slopes shall be hydro mulched with a California native blend of flowers and grasses, subject to City approval. • Tree species shall include: Quercus agrifolia, Quercus douglasii, Quercus lobata, Umbellularia californica, Platnus racemosa, and Pinus sabiniana. ■ Shrub species shall include Heteromeles arbutifloia, Rhamnus californica, ■ Prunus ilicifolia, and Ceanothus 'Dark Star'. CULTURAL RESOURCES: GP BS 5.b.1 Mitigation Measure 5.b.1: Should any cultural resources be unearthed during site development work, the provisions of CEQA -Section 15064.5, will be followed to reduce impacts to a non-significant level. GEOLOGY AND SOILS: GP PS, BS, CE 6.b.1 Mitigation Measure 6.b.1: The project shall incorporate the recommendations contained within the Geo Solutions soils report dated 11/3/02. GP PS, BS, CE 6.b.2 Mitigation Measure 6.b.2: The Building Permit Application plans shall include erosion control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. Mitigation Measure 6.b.3: All cut and fill slopes shall be GP PS, BS, CE 6.b.3 treated with an appropriate erosion control method (erosion control blanket, hydro -mulch, or straw mulch appropriately anchored) immediately after completion of earthwork between the months of October 15 through April 15. All disturbed slopes shall have appropriate erosion control methods in place. Duration of the project: The contractor will be responsible for the clean up of any mud or debris that is tracked onto public streets by construction vehicles. Mitigation Measure 6.c.d: A site-specific soils report shall be BP, GP PS, BS, CE 6.c.d required to be submitted with future building permits for each development phase by the building department. The building plans will be required to follow the recommendations of the soils report to assure safety for occupants and buildings. Planning Commission Resolution 2003-0069 August 19, 2003 HAZARDS AND HAZARDOUS MATERIALS: TO, FI PS, BS, FD 7.h Mitigation Measure 7.h: Due to the site location within an oak woodland area, the project shall include an ongoing maintenance program that will clear combustible debris and vegetation from structures within any public or private open space areas per the City of Atascadero Fire Department standards. The project applicant, shall provide the initial maintenance, and the ongoing maintenance responsibility shall be incorporated into the establishment of a long-term maintenance agreement by the homeowners association, CC&R's, public facilities maintenance assessment district, or other city -approved mechanism. HYDROLOGY AND WATER QUALITY: GP PS, BS, CE 8e.f.1 Mitigation Measure 8e.f.1: A Storm Water Pollution Prevention Plan (SWPPP)/Erosion Control Plan shall be submitted by the applicant and approved by the RWQCB and 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 8.e: The proposed storm drain system, GP, BP BS, CE 8.e including the on-site drainage basins, shall be designed per the City of Atascadero Engineering standards, subject to review and approval of the City Engineer. LAND USE: BP PS 9 Mitigation Measure 9: Approval of a Conditional Use Permit with a Master Plan of Development shall be required for the multi -family development with a finding for exceptionally high design and construction quality prior to application for the nine multi -family bonus units. NOISE: GP, BP PS, BS, CE 11.a.b.1 Mitigation Measure 11.a.b.1 : The dwelling units shall be oriented so that the building construction may act as a noise barrier on the east side of the proposed Woodlands development, specifically for lots 124-143, in order to intercept transportation noise from Union Pacific Railroad, as feasible. Mitigation Measure 11.a.b.2: Soffit vents, eave vents, dormer BP PS, BS, CE 11.a.b.2 vents and other wall and roof penetrations shall be located on the walls and roofs facing away from the noise source wherever possible. Planning Commission Resolution 2003-0069 August 19, 2003 Mitigation Measure 11.a.b.3: The walls of critical living spaces, BP PS, BS, CE 11.a.b.3 such as living rooms, lounges, bedrooms, dens, and habitable spaces on second floors of dwelling units nearest the noise source shall have wall construction with an S.T.C. (Sound Transmission Class) rating of 30 or greater. Common acoustic leaks, such as electrical outlets, pipes, vents, ducts, flues and other breaks in the integrity of the wall, ceiling or roof construction on the side of the dwellings nearest transportation noise sources shall receive special attention during construction. All construction openings and joints on the walls on the noise facing side of the site shall be insulated, sealed and caulked with a resilient, non -hardening caulking material. All such openings and joints shall be airtight to maintain sound isolation. Mitigation Measure 11.a.b.4: To meet the interior LDN 45 DBA BP PS, BS, CE 11.a.b.4 requirements, windows for critical habitable spaces and for habitable spaces in a second floor of affected units facing the noise source shall be a double -glazed construction with one light of laminated glass, and installed in accordance with the recommendations of the manufacturer. The windows shall be fully gasketed, with an S.T.C. rating of 30 or better, as determined in testing by an accredited acoustical laboratory. Mitigation Measure 11.a.b.5: All construction activities shall BP, GP PS, BS, CE 11.a.b.5 comply with the City of Atascadero Noise Ordinance for hours of operation. Failure to comply with the noise ordinance may result in withholding of inspections and possible construction prohibitions, subject to the review and approval of the Community Development Director, and in addition to penalties identified in the Ordinance. PUBLIC SERVICES: (Refer to Conditions 27 and 281 PS 13 Mitigation Measure 13: A draft Fiscal Impact Report and fiscal impact recommendations to reduce any fiscal impacts to an insignificant level related to the proposed project is being prepared in consultation with City staff and shall be available for public review prior to consideration at both the Planning Commission and City Council public hearings. Recommendations shall be reviewed by the Planning Commission and finalized in precise terms by the City Council to assure all project -related impacts are identified and mitigated prior to project approval. RECREATION: BP PS, BS 14 Mitigation Measure 14: The project shall include an additional tot lot within the proposed multi -family zoning designation. Both the staging area and multi-fam ily tot lots shall at a minimum include different variations of commercial -grade swing set, slide, climbing apparatus or similar equipment on a soft surface surrounded by decorative theme fencing designed for the safety and enjoyment of young children. The tot lots shall include pedestrian connection from nearby sidewalks and/or housing areas and shall include durable seating arrangements for adults and children. Tot lots shall be landscaped and include shade trees be planted within and around each tot lot. Planning Commission Resolution 2003-0069 August 19, 2003 TRANSPORTATIONITRAFFIC: BP, CE PS, CE 15.1 Mitigation Measure 15.1: Prior to Planning Commission and City Council formal public hearing for the proposed project: 1. City Engineer shall review and approve project circulation impacts recommended mitigation measures (as recommended by Omni -Means traffic study and the City Engineer) and equitable share. 2. Project mitigation measures and phasing schedule for the construction of the improvements shall be reviewed and approved by the City Engineer. Mitigation Measure 15.2: Per the Atascadero Municipal Code BP, CE PS, CE 15.2 9.4160 (a) (Streets), "The project shall also provide well -paved city standard access roads from a collector or arterial to the subdivision and repair existing under -paved or poor -condition interior or frontage roads". The General Plan Circulation Element lists the route of Halcon Road/Viejo Camino/Santa Barbara Road to EI Camino Real as a circulation improvement needed. Based on these sections of the municipal code and the General Plan, this project shall be required to perform the following improvements on the route from the project entrance to EI Camino Real: ■ Widen, stripe, and improve the route to Engineering Standard 403 "Rural Collector". ■ Overlay the route with two-inch minimum asphalt surface. Mitigation Measure 15.3: The project shall provide a Class II BP, CE PS, CE 15.3 bicycle lane to connect the development to the existing bicycle routes at EI Camino Real/Viejo Camino. UTILITIES AND SERVICE SYSTEMS: BP, GP PS, BS, CE, 16.1 CA Mitigation Measure 16.1: Development with the project site area shall require connection to the City's future sewer system mainline extension included in the City's Sewer Master Plan. The applicant shall design and install the on-site mainline. For reimbursement and maintenance, refer to the project Specific Plan implementation section. The extension will run from the sewer treatment plant south to Halcon Road. The mainline shall be designed and built with capacity to accommodate development with the proposed project as well as new development in the area and existing uses as identified by the City of Atascadero. The proposed line serving development along the easterly project site will require a private on-site wastewater (duplex pumps) pumping station. Provisions for the repair and maintenance of the pump station shall be included in the project CC&R's, subject to the City Engineer and City Attorney approval. Design criteria for the sewer collection system shall conform to the City of Atascadero Standards Mitigation Measure 16.2: Per the implementation section of BP, GP PS, BS, CE 16.2 the project Specific Plan, the applicant shall be required to: ■ Pay for the backbone infrastructure and community facilities that are required to serve the project site. ■ The developer shall pay school fees prior to certificate occupancy. ■ A project area Public Facilities Maintenance Assessment District shall be formed for the collection of assessment fees to finance the maintenance of all public facilities in the project area. Funds will be collected by the County Tax Collector and distributed to the City biannually. The City shall administer the funds and provide or contract for all maintenance activities. Planning Commission Resolution 2003-0069 August 19, 2003 Mitigation Measure 16.3: Development within the proposed BP, GP PS, BS, CE 16.3 project shall conform to all existing City of Atascadero standards set forth in the City's General Plan, Zoning Ordinance, Municipal Code, and Public Works Standards unless otherwise specified in the Specific Plan. Each phase of project development shall pay all required fees established by the City, including permit, school, plan check and impact fees, to mitigate all off site facilities impacts anticipated under the General Plan. A fiscal impact report is being prepared by David Taussig & F6sociates to evaluate the proposed project impacts on City services and shall be available prior to Planning Commission and City Council formal public hearing and project consideration or approval. Recommendations shall be reviewed by the Planning Commission and finalized in precise terms by the City Council to assure all project -related impacts are identified and mitigated prior to project approval. Planning Commission Resolution 2003-0069 August 19, 2003 EXHIBIT B: Woodlands Specific Plan, June 30, 2003, RRM Design Group Planning Commission Resolution 2003-0069 August 19, 2003 EXHIBIT C: Project Summary (Specific Plan Appendix A) Proposed Project Summary - General Specific flan ---- Zoning Permitted Arr %of Agin. Dwelling Density Plan Land l'sc District Uses es Site Lot Size Units (du/:rc) 20.3 16.9% MFR' 135 N/A :9 sfl SC -1 ; N/A OS US Uti Nature Trails 54.4 45.396 N/A N/A N/A SFR -X SFR SFR -1 Small Lot S.9 4.9%4,50028 120 4.7 SFR SFR SFR -2 Standard Lot 24.I 20.196 6.50094 3.9 SFR Subtotal 84.4 122 1.44 'SFR -Y SFR SFR -3 Estate Lot 20.3 16.9 23,00021 1.0 SFR HDR HDR MFR Multi -Family 9.0 7.55°n N/A 135 15 Apartments GC GC SC -1 See 3.5 2.9% N/A N/A N/A Development Standards Streets 2.8 2.396 N/A N/A N/A Total 120 10096 - 278 Estate Lot Single -Family land use designation is subject to additional regulations as set forth in the Conditions. Covenants and Restrictions (CCKRs) attached hereto and made part of the Appendix. General Land Zoning Permitted Arr %of Agin. Dwelling Density Plan Land l'sc District Uses es Site Lot Size Units (du/:rc) 20.3 16.9% MFR' 135 N/A :9 sfl SC -1 ; N/A OS US Uti Nature Trails 54.4 45.396 N/A N/A N/A SFR -X SFR SFR -1 Small Lot S.9 4.9%4,50028 120 4.7 SFR SFR SFR -2 Standard Lot 24.I 20.196 6.50094 3.9 SFR Subtotal 84.4 122 1.44 'SFR -Y SFR SFR -3 Estate Lot 20.3 16.9 23,00021 1.0 SFR HDR HDR MFR Multi -Family 9.0 7.55°n N/A 135 15 Apartments GC GC SC -1 See 3.5 2.9% N/A N/A N/A Development Standards Streets 2.8 2.396 N/A N/A N/A Total 120 10096 - 278 Project Statistics Zoning Units Minimum Size (s.f.) Lot Acreage Percent of Total SFR -1. 28 4,500 5.9 4.9% SFR -2 94 6,500 24.1 20.1 SFR -3 21 23,000 20.3 16.9% MFR' 135 N/A :9 7.5% SC -1 ; N/A N/A 3^5 2.9% OS N/A _ N/A 54.4 45.3% Streets' N/A N/A 2.8 2.3% Total 278 120 100.0% -*Street area outside development zones Planning Commission Resolution 2003-0069 August 19, 2003 EXHIBIT D: Conceptual Site Amenities Plan (Specific Plan Appendix B) riVl �y � �a- saj1D 2 ywogoy zn�en.vt�yu�a�n£N N t0 41 w CL iz C .�. N F' CD v m r D U) 0 ikjH IIN S ��, �• f�D �• N `S el jj v i5 iu a0i 3 04~ N I� is C7 ZM1�s �� M10 D O M �� z o lit Q %T77CD lit ;U 7 i \ M Y Il ifa ? it /m� =� :< It O Y 1G Z ' n l;a IM HIM lit I ter— v V sem, x( m m n V.6. CI t -� �• _ NO Fena CL Al f C® Planning Commission Resolution 2003-0069 August 19, 2003 EXHIBIT E: Conceptual Rendered Architectural Elevations with Design Notations (Specific Plan Appendix C) �• � :�t7 t70pC s %��1� •�rr.reWrr. -.r �I�r �y��I� r • c E ■r rsor � ■ 1 T�A i el k!i'r nri pry ��y�■,� {14 j�re,l�l� 9�sMD12 ■r �'�I� ■ ' i i.aerild�ewers// , i a. ■, Ei, 11i rl.w�aenn?� � I � Il tf's_�1�jIC' s. f� ,f i I.i ieur�'� oo�nc�a i� r � � sj�!�;� /, iii• I, Y'..�,• I rr rii►� Lois t .i . ( %� � '. �.�Illi eR••YIe1'ee' lew f .t -..o, 1trr ��-!irf HIMS AIN fit WO JO - t i Irl ,l_,';ia`reo IA;_ '■II lel SEs::.. :j:'"r■: _ �. IIIA lr� i Planning Commission Resolution 2003-0069 August 19, 2003 EXHIBIT E: Conceptual Rendered Architectural Elevations with Design Notations (Specific Plan Appendix C) Planning Commission Resolution 2003-0069 August 19, 2003 EXHIBIT E: Conceptual Rendered Architectural Elevations with Design Notations (Specific Plan Appendix C) Planning Commission Resolution 2003-0069 August 19, 2003 EXHIBIT E: Conceptual Rendered Architectural Elevations with Design Notations (Specific Plan Appendix C) M -i !MIO II!I inne � F !�.I J'. I C. III IS 5: 1. II ♦ �lil l II 1, ! I + l II illIN!i :1., is !1 l I •1 F I 1j � I I ■r■� :.. 'y:�;; � lldNtllll1h11lNJr':''.�;�I;`r— 1111 !;r :__ ;.l •I;i�,;`"_ — ,.�I :. 2;; j■i! ,1./;: NNiIHul''1::i1 111 Nllllfn ,:�;p'� 1�►j �'� �� ::i:i r •I;i;' :L —..lJ :i: I�'r HIIIIIIP ji�l�l • �� I,ilr�'.,' ,11 r Planning Commission Resolution 2003-0069 August 19, 2003 EXHIBIT F: Affordable Housing Plan (Specific Plan Appendix D) INCLUSIONARY AFFORDABLE HOUSING PLAN: analysis: distribution Number of inclusionary overall by Zone Category Type Income Level of Incusionary as a % units income level, Provided Units Units overall type or nit in -lie iM F R Lor -Rent Apt. Very -low 2 1.5% of 135 7.4% of 20% Low 5 3.7°% of 135 18.5% of 20% Moderate 8 5.9% of 135 29.6% of 20% For -Sale Townhome Moderate 9 6.7% of 135 33.3% of 20% Provided subtotal 24 17.8% of 135 88.9% of 20% In -Lieu Units 3 2.2°% of 135 11.1% of 20% Zone subtotal 27 20.0% 135 100.0% of 20% SFR -1 For -Sale S.F. Det. Moderate 4 2.8% of 143 13.8% of 20% Provided subtotal 4 2.8% of 143 13.8% of 20% In -Lieu Units 25 17.5% of 143 86.2% of 20% Zone subtotal 29 20.3% 143 100.0% of 20% Provided subtotal 28 10.1% of 278 50.0% of 20% In -Lieu subtotal 28 10.1% of 278 50.0% of 20% Total 56 20.1% 1 278 The number of bedrooms of any of the inclusionary units provided may vary, and the inclusionary prices and rents would vary proportionately. The inclusionary units will have an equivalent exterior appearance as the market rate units in the same zone. The inclusionary units may have a different interiorsize, configuration and finish than the market rate units. so Iona as thev are livable. safe and durable, and comply with all applicable building, health and safety codes, specifications and standards. The inclusionary units will be distributed evenly in location throughout the zones in which they are placed. All inclusionary units shall be deed restricted for a period of 30 years. Because the Woodlands was specifically designed to provide for a cross section of residential housing types and a range of affordability, the inclusionary units will be placed in the appropriate zones. The for -sale inclusionary units will be placed in the SFR -1 and MFR zones. There will be no inclusionary units located in the SFR -3 and SFR -2 Zones. In -Lieu Fees will be calculated as 2.5% of the buildina oermit valuation of a tvoical unit in the zone. For example. a tvoical 2.000 so. ft. home with covered porch and garage has a building permit valuation of approx. $197,000. Therefore: 2.5% X $197,000 = $4,925 per unit X 28 units = $137,900, approx., in In -Lieu Fees. Planning Commission Resolution 2003-0069 August 19, 2003 The Atascadero Woodlands City / Applicant Inclusionary Affordable Housing Chart 8/8/03 City's Interim Policy Applicant's Proposal Type Income level Units Percentage Units Percentage SFR for sale moderate 29 of 143 20% 4 of 143 14% of 20°/ SFR in -lieu with C.C. approval 25 of 143 86% of 20% SFR subtotal 29 of 143 20% 29 of 143 20% MFR for sale moderate no distinction 9 of 135 33% of 20°/ MFR for rent moderate 12 of 135 43% of 20% 8 of 135 30% of 20°/ MFR for rent low 10 of 135 37% of 20% 5 of 135 19% of 20°/ MFR for rent very low 5 of 135 20% of 20% 2 of 135 7% of 20°/ MFR in -lieu with C.C. approval 3 of 135 11% of 20°/ MFR subtotal 27 of 135 20% 27 of 135 20% Total 56 of 278 20% 56 of 278 20% In -Lieu Fees are to be calculated using 2.5 % of building permit valuation, as calculated by c eni city building permit valuation practices. For Example: for atypical 2,000 sq. ft. house, with 440 sq. ft. garage and 72 sq. ft. covered porch: (2,000 X $92) + (512 X $24) = $196,288, building permit valuat on $196,288 X 2.5% = $4,907.20, In -Lieu Fee per unit For the entire project, the In -Lieu Fee would be approximately: $4,907.20 X 28 units = $137,402 Planning Commission Resolution 2003-0070 August 19, 2003 Pagel of 28 ATTACHMENT 6: Draft Resolution PC 2003-0070 SPA Woodlands Specific Plan (ZCH 2003-0062/ZCH2O03-0041/TTM2003-0027 Approval of Proposed Vesting Tentative Tract Map DRAFT RESOLUTION PC 2003-0070 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO RECOMMENDING THAT THE CITY COUNCIL APPROVE VESTING TENTATIVE TRACT MAP 2003-00279 A ONE HUNDRED FIFTY LOT MAP CONSISTENT WITH A SP -1 ZONE OF APN 045-311-001, 045-401-015, 045401-016, 045-411-001, 045-412-001 (Woodlands Specific Plan, Halcon Road / R.W. Hertel & Sons, Inc) WHEREAS, an application has been received from R.W. Hertel & Sons, Inc. (5200 Telegraph Road, Ventura, CA, 93003) Applicant and Gordon Davis Land Co. (7405 Bella Vista, Atascadero, CA 93422) Property Owner to consider a project consisting of a zone change from RS (Residential Suburban) to SP -1 (Specific Plan #1) on a 120 -acre site located at Halcon Road, Atascadero, CA 93422 (APN 045-311-001, 045-401-015, 045-401-016, 045-411-001, 045-412-001); and WHEREAS, the site's General Plan Designation is (SFR X) Single -Family Residential -X, (SFR Y) Single -Family ResidentiapY, (HDR) High Density Residential, (GC) General Commercial, (OS) Open Space; and, WHEREAS, the site's current zoning district is RS (Residential Suburban); and, WHEREAS, the Planning Commission has recommended that a site be rezoned to SP -1 thereby allowing a 150- 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 August 19, 2003, studied and considered Tentative Tract Map 2003- 0027, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project; and, Planning Commission Resolution 2003-0070 August 19, 2003 Page 2 of 28 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. 3. The proposed subdivision, as conditioned, is consistent with the proposed Specific Plan #1 (ZCH 2003-0041 / SP 2003-0001). 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) or equivalent shall be required that incorporate the Specific Plan conditions of approval to ensure that the site retains the proposed qualities (architecture, colors, materials, plan 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 August 5, 2003, resolved to recommend that the City Council approval of Vesting Tentative Parcel Map (TTM 2003- 0027) subject to the following: 1. Exhibit A: Vesting Tentative Tract Map 2003-0027 2. Exhibit B: Conditions of Approval / Mitigation Monitoring Program. Planning Commission Resolution 2003-0070 August 19, 2003 Page 3 of 28 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 2003-0070 August 19, 2003 Page 6 of 28 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 Woodlands Specific Plan SIP: Subdivision FD: Fire Department Vesting Tentative Tract Map Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TTM 2003-0027 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 become FM PS final and effective following approval of Zone Change 2003- 0062 and ZCH 2003-0041. 2. Approval of this Tentative Parcel Map shall be valid for two FM PS years after its effective date. At the end of the period, the approval shall expire and become null and void unless an extension of time is granted pursuant to a written request received prior to the expiration date. 3. The Community Development Department shall have the FM PS 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 park or FM PS 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 the Community Development Director. The CC&R's shall also state that all exterior colors, exterior materials, yard fencing and site landscaping shall be consistent with the overall Specific Plan. 6. The granting of this entitlement shall apply to the property On going PS located at Halcon Road (APN 045-311-001, 045-401-015, 045-401-016, 045-411-001, 045-412-001) regardless of owner. 7. The Final Map shall be drawn in substantial conformance FM PS 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 harmless FM PS the City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the subdivision. Planning Commission Resolution 2003-0070 August 19, 2003 Page 7 of 28 Conditions of Approval / Timing Responsibility Mitigation 14. Workforce Housing Mitigation Monitoring Program PS, CE /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services The Woodlands Specific Plan SIP: Subdivision FD: Fire Department provisions: Vesting Tentative Tract Map Improvement Plans FM: Final Map PD: Police Department CE: City Engineer ■ The units shall be offered for sale to residents or workers TTM 2003-0027 TO: Temporary Occupancy Fl: Final inspection WW Wastewater CA: City Attorney F0: Final Occupancy AMWC: Water Comp. 9. All subsequent Tentative Tract Map and construction FM PS, CE permits shall be consistent with the Specific Plan contained herein. 10. The proposal to construct a non -potable water line that PS would replace the potable water currently being used for irrigation at Paloma Creek Park and for irrigation on the project site shall be deleted from the Specific Plan and maps. 11. All site work, grading and site improvements shall be BP PS, BS, CE consistent with the Specific Plan as shown in the sit - amenities plan (Exhibit D) and tentative tract map. 12. A final landscape and irrigation plan and native tree BP PS, BS replanting plan shall be approved as part of the subdivision tract site improvement plan consistent with the site amenities plan (Exhibit D). 13. Affordable residential units shall be reserved as deed restricted affordable units for a 30 -year period as identified in Specific Plan Appendix F. Affordable unit phasing schedule shall be approved by the City Council. FM PS, CE 14. Workforce Housing FM PS, CE Prior to recordation of final map, the applicant shall enter into a legal agreement with the City to reserve Y2 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; and The City Attorney shall approve the final form of the agreement. Planning Commission Resolution 2003-0070 August 19, 2003 Page 8 of 28 15. Project Landscape Maintenance Requirement: FM (Referenced from Mitigation Measure 14) The following landscape maintenance items are the 100% responsibility of the project to maintain in perpetuity. An engineer's report quantifying the maintenance costs shall be prepared to determine actual maintenance costs. The facilities may be maintained through a homeowners association, assessment district, benefit assessment district, landscaping and lighting district, or other mechanism to fund and perform short and long term maintenance. The funding mechanism must be in place prior to or concurrently with acceptance of the any final maps. The funding mechanism shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any final map. a) All parks, trails, recreational facilities and like facilities. b) All open space and native tree preservation areas. c) All drainage facilities and detention basins. d) All common landscaping areas, street trees, medians, parkway planters, manufacture slopes outside private yards, and other similar facilities. Fire Marshal 16.. Plans and tract map shall identify existing and proposed FM BS fire hydrants. 17. Applicant shall provide a letter from the Atascadero FM BS Mutual Water Company stating the minimum expected water available to the site. Amount available must meet min. requirement specified in the California Fire Code. 18. Note approved address signage is to be provided. FM BS 19. Note on plans that fire lanes shall be delineated in FM BS certain areas to restrict parking as required by the Fire Authority. City Engineer Standard Conditions 20. If the applicant bonds for the public improvements FM CE required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 21. An engineer's estimate of probable cost shall be FM CE submitted for review and approval by the City Engineer to determine the amount of the bond. 22. The Subdivision Improvement Agreement shall record FM CE concurrently with the Final Map. 23. The applicant shall enter into a Plan Check/Inspection FM CE agreement with the City. 24. A six (6) foot Public Utility Easement (PUE) shall be FM CE provided contiguous to the property frontage. Planning Commission Resolution 2003-0070 August 19, 2003 Page 9 of 28 25. The applicant shall acquire title interest in any off-site FM 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. 26. Slope easements shall be obtained by the applicant as FM CE needed to accommodate cut or fill slopes. 27. Drainage easements shall be obtained by the applicant FM CE as needed to accommodate both public and private drainage facilities. 28. A preliminary subdivision guarantee shall be submitted FM CE for review in conjunction with the processing of the tract map. 29. The final map shall be signed by the City Engineer prior FM CE to the map being placed on the agenda for City Council acceptance. 30. Prior to recording the tract map, the applicant shall pay FM CE all outstanding plan check/inspection fees. 31. Prior to recording the map, the applicant shall complete FM CE all improvements required by these conditions of approval. 32. Prior to recording the tract map, he applicant shall set FM 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. 33. Prior to recording the tract map, the applicant shall FM CE submit a map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 34. All existing and proposed utility, pipeline, open space, FM CE or other easements are to be shown on the final/parcel map. If there are building or other restrictions related to the easements, they shall be noted on the final/parcel map. The applicant shall show all access restrictions on the final/parcel map. 35. Prior to recording the parcel map, the applicant shall FM 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. 36. Prior to the issuance of building permits the applicant FM CE shall submit plans and supporting calculations/reports including street improvements, underground utilities, composite utilities, and grading/drainage plans prepared by a registered civil engineer for review and approval by the City Engineer. City Engineer Site Specific Conditions Planning Commission Resolution 2003-0070 August 19, 2003 Page 10 of 28 Drainage: FM CE 37. Submit calculations to support the design of any structures or pipes. Closed conduits shall be designed to convey the 10 -year flow with gravity flow, the 25 -year flow with head, and provide safe conveyance for the 100 -year overflow. 37. Provide for the detention of the 50 year developed FM CE storm runoff, while metering out the 2 year undeveloped storm runoff. 39. Drainage basins shall be designed to desilt, detain and FM CE meter storm flows as well as release them to natural runoff locations. 40. The drainage basins shall be landscaped with native FM CE plantings. 41. A mechanism for funding and maintenance of the storm FM CE drain facilities shall be provided. 42. Show the method of dispersal at all pipe outlets. Include FM CE specifications for size & type. 43. Show method of conduct to approved off-site drainage FM CE facilities. 44. Concentrated drainage from off-site areas shall be FM CE 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. If drainage easement cannot be obtained the storm water release must follow the exact historic path, rate and velocity as prior to the subdivision. 45. Applicant shall submit erosion control plans and a Storm FM CE Water Pollution Prevention Plan (SWPPP). The Regional Water Quality Control Board shall approve the SWPPP. General: 46. Prior to final map recordation, the applicant shall FM CE provide a detailed cost analysis and breakdown of all maintenance required and the amount to be billed to each property annually. The analysis shall include scheduled maintenance including slurry seals, overlays, etc. The analysis shall include administrative fees. 47. Prior to final map recordation, a Homeowner's FM CE Association shall be created and CC&R's recorded providing for the funding and performance of required maintenance within the SFR -3 district, including private streets, private wastewater pump station and sewer, drainage swales and structures. 48. The applicant shall enter a Subdivision Improvement FM CE Agreement with the City of Atascadero prior to recording the final map. Traffic Mitigation: 49. The following off-site traffic mitigations shall be the FM, GP, BP CE responsibility of the project: A Santa Barbara Road/EI Camino Real: Install Traffic Signal /Widen Intersection This is required to be installed prior to occupancy of Planning Commission Resolution 2003-0070 August 19, 2003 Page 11 of 28 the first unit. The construction costs for the signal will be counted as credit toward the Traffic Impact Fee. B. Viejo Camino/EI Camino Real: Install Traffic Signal The City Engineer is requiring this improvement. This is a "T" intersection and the left turn movement off of Via Camino is a low volume movement. This improvement was not identified as a need improvement in the City of Atascadero Circulation Element. C. Halcon Road/Via Camino: dedicated westbound right and left turn lanes This is required to be installed prior to the occupancy of the first unit. The improvement is the sole responsibility of this development. D..Santa Barbara Road/US 101 Interchange The study found that the following improvements are required for the interchange. Also listed is the percent "fair share" that this project is responsible for the improvement. ■ Santa Barbara Road/US 101 SB Ramps: Install Traffic Signal (25.8%) ■ Santa Barbara Road/US 101 NB Ramps: Install Traffic Signal (27.5%) ■ Santa Barbara Road/San Antonio: Install Traffic Signal (26.2°/x) E. Provide 3 -way stop at Halcon Road/Project Entrance These interchange improvements that are not identified as needed improvements in the City of Atascadero Circulation Element and the Growth Mitigation Program. Therefore, the growth mitigation fee does not cover the improvements. The developer is required to submit engineers estimate for the cost of construction of the improvements. The developer shall pay the percent "fair share" of the engineer's estimates. These funds will be placed in an account for the Santa Barbara Interchange. The developer may pay the amount incrementally with each building permit. Public Improvements Planning Commission Resolution 2003-0070 August 19, 2003 Page 12 of 28 50. The route for the project entrance down Halcon Road, FM, GP, BP CE south bound on Via Camino to Santa Barbara Road, west bound on Santa Barbara Road to EI Camino Real shall be improved as follows: • Widen, stripe and improve the route to Engineering Standard 403 "Rural Collector". • Repair and overlay the road surface with a minimum of two inch of asphalt surface. 51. All public improvements shall be constructed in GP, BP CE conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer 52. The intersection of EI Camino Real and Santa Barbara GP, BP CE shall be fully improved to include a traffic signal. 53. Pedestrian facilities shall be constructed to connect the GP, BP CE project to Paloma Park. This shall include a safe pedestrian crossing, a paved path and pedestrian bridge across Paloma Creek. 54. A Class II bike path shall be installed to connect the GP, BP CE project to EI Camino Real. The bike path may consist of a Class I bike path through Paloma Park. 55. A mechanism to provide for the funding and FM CE maintenance of lighting, street improvements, special paving surfaces, sewer, storm drain, common area landscape, open space, and hardscape shall be provided. 56. Pedestrian sidewalk shall be provided on all public FM, GP, BP CE streets. 57. All collectors shall be improved to City Standards and shall include standard curb and gutter. 58. All residential streets shall be improved to City FM, GP, BP CE Standards. The City Engineer shall approve any deviation from the standard curb and gutter. Wastewater 59. No sewer system currently exists in proposed project GP, BP CE area. Should Atascadero Woodlands be the first development to require connection to the new sewer system mainline extension, the developer of the Woodlands will be responsible for the financing and construction of the mainline from the treatment plant to the Woodland's point of connection. 60. The mainline shall be built with sufficient capacity to GP, BP CE accommodate development within the Plan Area as well as new development in the area and existing uses. 61. Development using the sewer extension, within fifteen GP, BP CE (15) years, shall be responsible for reimbursing the Woodlands developer proportionate to their rate of use. 62. A mechanism must be provided to fund and maintain GP, BP CE all sewer mains throughout the project area. 63. Lift Stations shall be equipped with duplex pumps. GP, BP CE 64. Catalog cuts of equipment that will be installed in lift GP, BP CE station shall be submitted and approved by the City Engineer. 65. Lift station shall be equipped with an alarm dialer, GP, BP CE programmed to notify qualified maintenance personnel when malfunctions occur. Planning Commission Resolution 2003-0070 August 19, 2003 Page 13 of 28 66. Applicant shall submit a lift station GP, BP CE emergency/contingency plan that addresses protection of public health and the environment from sewage spills caused by equipment malfunctions and prolonged power outages. 67. Provisions for the repair and maintenance of the private FM, GP, BP CE wastewater pump station shall be included in the CC&R's for this tract. Included shall be a mechanism to maintain the private wastewater pump station, such as a homeowners association. The City Engineer and City Attorney shall approve the final form prior to recordation. Atascadero Mutual Water Company 68. The applicant shall submit plans to AMWC for the water FM, GP, BP CE distribution facilities needed to serve the subdivision. AMWC shall review and approve the plans before recordation of the final map. All new water distribution facilities shall be constructed in conformance with AMWC Standards and Details and the California Waterworks Standards (Code of Regulations Title 22, Division 4, Chapter 16). All cross -connection devices shall conform to AWWA and California Department of Health Services standards. 69. Before recordation of the final map, the applicant shall FM CE grant AMWC the water rights and related easements needed to complete annexation of the property into the AMWC service area. The grant of water rights and related easements is required before AMWC can provide water service to the property. 70. Before the start of construction, the applicant shall pay GP CE all installation and connection fees required by AMWC. Subject to the approval of AMWC, the applicant may enter in to a "deferred connection" agreement. 71. Before issuance of building permits, the applicant shall FM, GP CE obtain a "Will Serve" letter from AMWC for the newly created lots. 72. The applicant shall provide easements to AMWC on the FM CE 3.5 -acre service commercial (SC) parcel for future development of water wells and a treatment building. The applicant and AMWC shall mutually agree upon the location of the easements. The applicant shall not unreasonably withhold its approval of the well and treatment building sites chosen by AMWC. The applicant shall enter an agreement with AMWC that allows for exploratory borings by AMWC to determine the viability of a community well site on the SC parcel. AMWC may waive the requirement to provide easements for water wells and a treatment building if, in the opinion of AMWC, there are no viable community well sites on the SC parcel 73. The water system improvements required to serve the FM, GP CE subdivision shall be laid out in a grid or looped pattern and shall connect to the existing AMWC system on Alondra and Halcon Roads 74. 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 II -7, Hydrology and Water Quality, of the General Plan 2025. Use of turf grass in common area landscaping and in Planning Commission Resolution 2003-0070 August 19, 2003 Page 14 of 28 other areas shall be kept to a minimum 75. The applicant shall provide AMWC with easements for FM CE those water facilities proposed for operation and maintenance by AMWC that are constructed outside of publicly maintained right-of-ways. AMWC shall review the form and content of the easements before recordation. Mitigation Measures (Note: Some mitigation measures may not apply to tract map) AESTHETICS: BP PS, BS, CE 1.c.1 Mitigation Measure 1.c.1: The following landscape mitigations shall apply: ■ Landscaping shall be provided to reduce visual impacts and enhance neighborhood design. Where feasible, existing native vegetation shall be left undisturbed. Impacts to the natural landscape, including open space, oak woodlands, and naturalized grasslands, shall be minimized and revegetated with native species. ■ The project s hall include landscaping of all common areas, including slopes, streetscapes, residential front yards, and street trees. ■ The project shall include entryway feature landscaping, median and parkway landscaping, multi -family common area landscaping, and trail staging area. ■ The proposed development shall provide a range of architectural styles consistent with the existing semi -rural character of Atascadero. ■ Approximately 54 acres of open space, which includes oak woodland, preserve, natural grassy areas, trail system, and native revegetated slopes and detention basins shall be preserved and maintained by the applicant with establishment of long-term maintenance agreement by the home -owners association, public facilities maintenance assessment district, or other city -approved mechanism. ■ Street trees shall be 15 -gallon size, double -staked and installed prior to occupancy of each unit. Street trees shall be selected to provide shade over paved areas and pedestrian pathways, reduce urban heat buildup, improve air quality, and provide visual unity to the streetscape. Mitigation Measure 1.c.2: The proposed development shall BP PS, BS, CE 1.c.2 include the use of earth -tone paint and roof colors designed to blend with the surrounding neighborhood and reduce the potential for reflected light and glare. Mitigation Measure 1.c.3: If the proposed project entry feature BP PS, BS, CE 1.c.3 is constructed, it shall include an externally illuminated natural stone -faced masonry wall with individual metal lettering and native planting at the base of the wall. Street lighting shall be low level, earth toned, and located in accordance with the site amenities plan. Mitigation Measure 1.c.4: Within the SFR -1 and SFR -2 Zoning BP PS, BS, CE 1.c.4 District, landscaping shall be included for private front yards as well as private rear yards with slopes exceeding ten (10) feet in height. Front yard landscaping shall be installed prior to occupancy of the units. In order to minimize the visual impact of fencing up and across tall uphill sloping rear yards, semi- Planning Commission Resolution 2003-0070 August 19, 2003 Page 15 of 28 transparent hillside fencing shall be installed consistent with the Specific Plan Hillside Fencing Standards. Mitigation Measure 1.c.5: Common area landscaping and BP PS, BS, CE 1.c.5 gate/entry landscaping features in the SFR -3 zoning district shall include natural stone -faced masonry material and individual metal lettering if signage is required, and native entry planting. Entry trees shall be selected to provide shade over paved areas and pedestrian pathways, reduce urban heat buildup, improve air quality, and provide visual unity to the streetscape. Mitigation Measure 1.c.6: Site development standards include BP PS, BS, CE 1.c.6 landscaping and fencing improvements for the SC -1 zoning district shall be compatible with the same underlying esthetic principles of the residential development and as follows: ■ Development shall avoid removal of existing native oak trees. ■ Development shall avoid impact to native oak trees, as feasible. ■ Grading into the hillside shall be minimized in order to reduce aesthetic impacts and native tree impacts. ■ Site development shall include a minimum 10 -foot wide native landscape planter between Halcon Road and any required perimeter fencing or wall parallel to Halcon Road. On-site native landscape screening shall also be provided parallel to the adjacent railroad tracks. ■ Any proposed perimeter fence or wall shall be of high quality design and of a material compatible with the design intent of the project Specific Plan. ■ Exterior lighting shall be minimal as described in condition 1.d.1. ■ Identification signage shall be incorporated into the project entry landscape in style and compatibility with the proposed project. Any sign lighting shall be low-level external lighting. Mitigation Measure 1.c.7: The Specific plan includes a range BP PS, BS 1.c.7 of architectural styles consistent with the existing semi -rural character of Atascadero. The architectural styles of the plan shall include Craftsman, Traditional, Monterey Ranch, California and Bungalow as conceptually illustrated within the Plan. Mitigation Measure 1.d.1: Exterior street lighting shall be BP PS, BS, CE 1.d.1 limited to intersection and parking lot locations and be designed to eliminate any off site glare. All street and parking lot exterior site lights shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. All other pedestrian luminaire pole heights shall not exceed 12 feet in height, and all street and parking lot lighting shall not exceed 16 -feet in height, limit intensity to 2.0 foot candles at ingress/egress, and shall otherwise be within a range of 0.6 foot candle minimum to 1.0 maximum. Fixtures shall be shield cut-off type and compatible with neighborhood setting, subject to staff approval. All light pole and fixture styles shall be consistent with the Specific Plan conceptual site amenities plan. 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, and shall be limited in fixture height to 10 feet, and shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. AIR QUALITY: BP, GP PS, BS, CE 3.b Planning Commission Resolution 2003-0070 August 19, 2003 Page 16 of 28 Mitigation Measure 3.b: Each development phase shall be conditioned to 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 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. BP,GP PS, BS, CE 3.b 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 planned 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 grading unless seeding or soil binders are used. H. Vehicle speed for all construction vehicles shall not Planning Commission Resolution 2003-0070 August 19, 2003 Page 17 of 28 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 wash off trucks and equipment before 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. BIOLOGICAL RESOURCES: BP, GP PS, BS 4.a.1 Mitigation Measure: 4.a.1: The applicant shall employ a qualified wildlife biologist to conduct on-site focused surveys for the burrowing owl immediately prior to site disturbance. Results shall be submitted to the City of Atascadero and CDFG if necessary. If this species is found during the survey, site work shall not proceed without specific direction from the CDFG. If the burrowing owl is noted to be present within proposed development areas during the above-mentioned survey, the CDFG may not allow construction/site disturbance to proceed until the owl(s) have vacated the burrow. Mitigation Measure: 4.a.2: To avoid a take of active raptor BP, GP PS, BS 4.a.2 nests, all necessary tree removals should be conducted between mid-September and mid-February, outside of the typical breeding season. If tree removals are determined to be necessary during the typical breeding season, a qualified biologist prior to proposed development activities should conduct a raptor nest survey. The results of the raptor nest survey should then be submitted to CDFG, via a letter report. If the biologist determines that a tree slated for removal is being used for nesting at that time, disturbance should be avoided until after the young have fledged from the nest and achieved independence. If no nesting is found to occur, necessary tree removal could then proceed. Mitigation Measure: 4.a.3: To the extent feasible, avoid all BP, GP PS, BS 4.a.3 ground disturbance activities within woodland and grassland habitats during the typical breeding and nesting period for Loggerhead shrike. Breeding and nesting of this species may commence as early as March, and extends into July and August. If construction activities cannot be avoided during the typical breeding season, retain a qualified biologist to conduct a pre -construction survey to determine presence/absence of nesting loggerhead shrike, and other special -status species with potential to nest in the various habitats of the Woodland property. If no breeding or nesting activities are detected near the proposed work areas, construction activities may proceed. If active nests are found within proposed work areas, construction should be avoided until after the young have fledged from the nest and achieved independence, or upon approval from CDFG. Planning Commission Resolution 2003-0070 August 19, 2003 Page 18 of 28 Mitigation Measure: 4.a.4: To avoid direct disturbance of BP, GP PS, BS 4.a.4 individual Pallid Bats, retain a qualified wildlife biologist to inspect larger trees for the bats as well as other bat species, prior to tree removal. If a specific tree is found to occupy bats, the planned tree removal shall not proceed without direction from the CDFG. Tree removal should only be conducted after the bats have dispersed and under the supervision of a qualified wildlife biologist. Mitigation Measure: 4.a.5: The applicant shall employ a BP, GP PS, BS 4.a.5 qualified wildlife biologist to conduct on-site focused surveys for American badger immediately prior to site disturbance. Results of the survey shall immediately be submitted to the City Of Atascadero, and CDFG as necessary. If active burrows of this species are found within proposed development areas during the survey, site work shall not proceed without direction from CDFG. If American badger is noted to be present within proposed development areas during the above-mentioned survey, construction/site disturbance should not proceed until the animal has vacated the identified burrow. Mitigation Measure: 4.b.1: Prior to final design, the precise BP, GP PS, BS 4.b.1 locations of the ephemeral drainages should be surveyed to determine the extent to which these drainages will be disturbed by proposed construction. Mitigation Measure: 4.b.2: To minimize the potential for GP PS, BS, CE 4.b.2 indirect disturbances of drainages located both on-site and off- site, implement appropriate erosion control measures during construction and limit ground disturbance activities to dry weather to avoid increased surface water runoff and erosion on site, and sedimentation in nearby drainages. Install appropriate erosion control devices down-slope of each construction zone and areas experiencing disturbance of the ground surface. Erosion control devices should be checked on a daily basis to ensure proper function. Mitigation Measure 4.e.1: The 54 acres of proposed opens GP PS, BS 4.e.1 space shall be dedicated to permanent open space with uses restricted to recreation as identified in the Specific Plan, including tot lot location, interpretive trails, trail staging, fencing, and required management/maintenance for fire prevention, public health and safety, and pedestrian trail access. Mitigation Measure 4.e.2: All native trees removed (currently GP PS, BS 4.e.2 estimated at 1,321) shall be replaced and maintained to establishment by planting trees from the arborist's approved list on a one to one ratio. In addition to the replacement trees, the applicant shall plant a minimum of 20 Foothill Pine trees in appropriate open space locations. Planning Commission Resolution 2003-0070 August 19, 2003 Page 19 of 28 Mitigation Measure 4.e.3: The project shall comply with the GP PS, BS 4.e.3 City of Atascadero native Tree Ordinance with payment into the native tree fund of $155,350 and replanting of 1,321 five - gallon size native trees, or a combination of five -gallon and larger size trees credited per the native tree ordinance. The fund payment and number of trees planted may vary but shall be compliant with the tree preservation ordinance. Per th pay into the tree mitigation fund $50.00 for earh removAd nAk trete This will equal $66,950.00. b@S@d GR 1,321 +Yeas Planning Commission Resolution 2003-0070 August 19, 2003 Page 20 of 28 BP, GP FO, BP, GP, 4.e.4 Mitigation Measure 4.e.4: The developer shall contract with a FI 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, and the 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. The root zone equals 1 -foot radius for every 1 inch of tree trunk diameter. For any trees requiring tree trunk protection, 2" x 4" x 8 foot boards shall be wired together and placed around the tree trunk. (c) As specified by the arborist report and City staff: ■ Prune all trees in active development areas to be saved for structural strength and crown cleaning by a licensed and certified arborist; ■ Remove all debris and spoils from the lot cleaning and tree pruning. ■ In locations where paving is to occur within the tree canopy, grub only and do not grade nor compact. Install porous pavers over a three-inch bed of 1/4 inch granite covered with one -inch pea gravel for screeding. If curbs are required, use pegged curbs to secure the porous pavers. Pegged curbs are reinforced six to eight curbs poured at grade with a one -foot by one -foot pothole every four to six linear feet. ■ All trenching or grading within the protected root zone area, outside of the tree protection fence shall require hand trenching or preserve and protect roots that are larger than 2 inches in diameter. ■ No grading or trenching is allowed within the fenced protected area. ■ Any roots that are 4 inches in diameter or larger are not to be cut until inspected and approved by the on- site arborist. (d) Upon project completion and prior to final occupancy of any development phase 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. Planning Commission Resolution 2003-0070 August 19, 2003 Page 21 of 28 Mitigation Measure 4.e.5: The building permit site plan shall BP, GP PS, BS 4.e.5 identify all protection and enhancement measures recommended by the Certified Arborist in the Tree Protection Plan, dated 2/27/03. Tree protection fencing shall be installed at the locations called out in the Tree Protection Plan and/or as recommended by the project arborist. Mitigation Measure 4.e.6: The following cut & fill slope BP, GP PS, BS 4.e.6 restoration is required : ■ Refer to tree protection plan dated 2/27/03 for planting specifications, sequence and procedures. ■ Temporary plant irrigation shall be installed to adequately water plantings for a period of not less than three years. ■ All cut and fill slopes shall be hydro mulched with a California native blend of flowers and grasses, subject to City approval. ■ Tree species shall include: Quercus agrifolia, Quercus douglasii, Quercus lobata, Umbellularia californica, Platnus racemosa, and Pinus sabiniana. ■ Shrub species shall include Heteromeles arbutifloia, Rhamnus californica, ■ Prunus ilicifolia, and Ceanothus 'Dark Star'. CULTURAL RESOURCES: GP BS 5.b.1 Mitigation Measure 5.b.1: Should any cultural resources be unearthed during site development work, the provisions of CEQA -Section 15064.5, will be followed to reduce impacts to a non-significant level. GEOLOGY AND SOILS: GP PS, BS, CE 6.b.1 Mitigation Measure 6.b.1: The project shall incorporate the recommendations contained within the Geo Solutions soils report dated 11/3/02. GP PS, BS, CE 6.b.2 Mitigation Measure 6.b.2: The Building Permit Application plans shall include erosion control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. Mitigation Measure 6.b.3: All cut and fill slopes shall be GP PS, BS, CE 6.b.3 treated with an appropriate erosion control method (erosbn control blanket, hydro -mulch, or straw mulch appropriately anchored) immediately after completion of earthwork between the months of October 15 through April 15. All disturbed slopes shall have appropriate erosion control methods in place. Duration of the project: The contractor will be responsible for the clean up of any mud or debris that is tracked onto public streets by construction vehicles. Mitigation Measure 6.c.d: A site-specific soils report shall be BP, GP PS, BS, CE 6.c.d required to be submitted with future building permits for each development phase by the building department. The building plans will be required to follow the recommendations of the soils report to assure safety for occupants and buildings. Planning Commission Resolution 2003-0070 August 19, 2003 Page 22 of 28 HAZARDS AND HAZARDOUS MATERIALS: TO, FI PS, BS, FD 7.h Mitigation Measure 7.h: Due to the site location within an oak woodland area, the project shall include an ongoing maintenance program that will clear combustible debris and vegetation from structures within any public or private open space areas per the City of Atascadero Fire Department standards. The project applicant, shall provide the initial maintenance, and the ongoing maintenance responsibility shall be incorporated into the establishment of a long-term maintenance agreement by the homeowners association, CC&R's, public facilities maintenance assessment district, or other city -approved mechanism. HYDROLOGY AND WATER QUALITY: GP PS, BS, CE 8e.f.1 Mitigation Measure 8e.f.1: A Storm Water Pollution Prevention Plan (SWPPP)/Erosion Control Plan shall be submitted by the applicant and approved by the RWQCB and 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 8.e: The proposed storm drain system, GP, BP BS, CE 8.e including the on-site drainage basins, shall be designed per the City of Atascadero Engineering standards, subject to review and approval of the City Engineer. LAND USE: BP PS 9 Mitigation Measure 9: Approval of a Conditional Use Permit with a Master Plan of Development shall be required for the multi -family development with a finding for exceptionally high design and construction quality prior to application for the nine multi -family bonus units. NOISE: GP, BP PS, BS, CE 11.a.b.1 Mitigation Measure 11.a.b.1 : The dwelling units shall be oriented so that the building construction may act as a noise barrier on the east side of the proposed Woodlands development, specifically for lots 124-143, in order to intercept transportation noise from Union Pacific Railroad, as feasible. Mitigation Measure 11.a.b.2: Soffit vents, eave vents, dormer BP PS, BS, CE 11.a.b.2 vents and other wall and roof penetrations shall be located on the walls and roofs facing away from the noise source wherever possible. Planning Commission Resolution 2003-0070 August 19, 2003 Page 23 of 28 Mitigation Measure 11.a.b.3: The walls of critical living spaces, BP PS, BS, CE 11.a.b.3 such as living rooms, lounges, bedrooms, dens, and habitable spaces on second floors of dwelling units nearest the noise source shall have wall construction with an S.T.C. (Sound Transmission Class) rating of 30 or greater. Common acoustic leaks, such as electrical outlets, pipes, vents, ducts, flues and other breaks in the integrity of the wall, ceiling or roof construction on the side of the dwellings nearest transportation noise sources shall receive special attention during construction. All construction openings and joints on the walls on the noise facing side of the site shall be insulated, sealed and caulked with a resilient, non -hardening caulking material. All such openings and joints shall be airtight to maintain sound isolation. Mitigation Measure 11.a.b.4: To meet the interior LDN 45 DBA BP PS, BS, CE 11.a.b.4 requirements, windows for critical habitable spaces and for habitable spaces in a second floor of affected units facing the noise source shall be a double -glazed construction with one light of laminated glass, and installed in accordance with the recommendations of the manufacturer. The windows shall be fully gasketed, with an S.T.C. rating of 30 or better, as determined in testing by an accredited acoustical laboratory. Mitigation Measure 11.a.b.5: All construction activities shall BP, GP PS, BS, CE 11.a.b.5 comply with the City of Atascadero Noise Ordinance for hours of operation. Failure to comply with the noise ordinance may result in withholding of inspections and possible construction prohibitions, subject to the review and approval of the Community Development Director, and in addition to penalties identified in the Ordinance. PUBLIC SERVICES: PS 13 Mitigation Measure 13: A draft Fiscal Impact Report and fiscal impact recommendations to reduce any fiscal impacts to an insignificant level related to the proposed project is being prepared in consultation with City staff and shall be available for public review prior to consideration at both the Planning Commission and City Council public hearings. Recommendations shall be reviewed by the Planning Commission and finalized in precise terms by the City Council to assure all project -related impacts are identified and mitigated prior to project approval. RECREATION: (Refer to TTM Conditions 22 and 23) BP PS, BS 14 Mitigation Measure 14: The project shall include an additional tot lot within the proposed multi -family zoning designation. Both the staging area and multi -family tot lots shall at a minimum include different variations of commercial -grade swing set, slide, climbing apparatus or similar equipment on a soft surface surrounded by decorative theme fencing designed for the safety and enjoyment of young children. The tot lots shall include pedestrian connection from nearby sidewalks and/or housing areas and shall include durable seating arrangements for adults and children. Tot lots shall be landscaped and include shade trees be planted within and around each tot lot. Planning Commission Resolution 2003-0070 August 19, 2003 Page 24 of 28 TRANSPORTATIONITRAFFIC: BP, CE PS, CE 15.1 Mitigation Measure 15.1: Prior to Planning Commission and City Council formal public hearing for the proposed project: 1. City Engineer shall review and approve project circulation impacts recommended mitigation measures (as recommended by Omni -Means traffic study and the City Engineer) and equitable share. 2. Project mitigation measures and phasing schedule for the construction of the improvements shall be reviewed and approved by the City Engineer. Mitigation Measure 15.2: Per the Atascadero Municipal Code BP, CE PS, CE 15.2 9.4160 (a) (Streets), "The project shall also provide well -paved city standard access roads from a collector or arterial to the subdivision and repair existing under -paved or poor -condition interior or frontage roads". The General Plan Circulation Element lists the route of Halcon Road/Viejo Camino/Santa Barbara Road to EI Camino Real as a circulation improvement needed. Based on these sections of the municipal code and the General Plan, this project shall be required to perform the following improvements on the route from the project entrance to EI Camino Real: ■ Widen, stripe, and improve the route to Engineering Standard 403 "Rural Collector". ■ Overlay the route with two-inch minimum asphalt surface. Mitigation Measure 15.3: The project shall provide a Class II BP, CE PS, CE 15.3 bicycle lane to connect the development to the existing bicycle routes at EI Camino Real/Viejo Camino. UTILITIES AND SERVICE SYSTEMS: BP, GP PS, BS, CE, 16.1 CA Mitigation Measure 16.1: Development with the project site area shall require connection to the City's future sewer system mainline extension included in the City's Sewer Master Plan. The applicant shall design and install the on-site mainline. For reimbursement and maintenance, refer to the project Specific Plan implementation section. The extension will run from the sewer treatment plant south to Halcon Road. The mainline shall be designed and built with capacity to accommodate development with the proposed project as well as new development in the area and existing uses as identified by the City of Atascadero. The proposed line serving development along the easterly project site will require a private on-site wastewater (duplex pumps) pumping station. Provisions for the repair and maintenance of the pump s tation shall be included in the project CC&R's, subject to the City Engineer and City Attorney approval. Design criteria for the sewer collection system shall conform to the City of Atascadero Standards Mitigation Measure 16.2: Per the implementation section of BP, GP PS, BS, CE 16.2 the project Specific Plan, the applicant shall be required to: ■ Pay for the backbone infrastructure and community facilities that are required to serve the project site. ■ The developer shall pay school fees prior to certificate occupancy. ■ A project area Public Facilities Maintenance Assessment District shall be formed for the collection of assessment fees to finance the maintenance of all public facilities in the project area. Funds will be collected by the County Tax Collector and distributed to the City biannually. The City shall administer the funds and provide or contract for all maintenance activities. Planning Commission Resolution 2003-0070 August 19, 2003 Page 25 of 28 Mitigation Measure 16.3: Development within the proposed BP, GP PS, BS, CE 16.3 project shall conform to all existing City of Atascadero standards set forth in the City's General Plan, Zoning Ordinance, Municipal Code, and Public Works Standards unless otherwise specified in the Specific Plan. Each phase of project development shall pay all required fees established by the City, including permit, school, plan check and impact fees, to mitigate all off site facilities impacts anticipated under the General Plan. A fiscal impact report is being prepared by David Taussig & Associates to evaluate the proposed project impacts on City services and shall be available prior to Planning Commission and City Council formal public hearing and project consideration or approval. Recommendations shall be reviewed by the Planning Commission and finalized in precise terms by the City Council to assure all project -related impacts are identified and mitigated prior to project approval. ITEM NUMBER: 5 DATE: 8/19/03 Planning Commission Staff Report Conditional Use Permit #2002-0077 Falcon Road Telecommunications Site 13740 Falcon Rd (Cingular Wireless) SUBJECT: The proposed Conditional Use Permit (CUP 2002-0077) is a request to establish a wireless telecommunications facility at 13740 Falcon Road. The facility will consist of 2 stub -mounted antennas, with a total height of 16 feet. The supporting equipment will be housed in a 27'x 6' shelter. All visible components will be painted to blend with the natural hillside and the disturbance of surrounding vegetation will be minimized to the greatest extent possible. RECOMMENDATION: Staff recommends: Adopt Planning Commission Resolution 2003-0073 approving Conditional Use Permit 2002-0077, a request to install a wireless telecommunications facility and equipment shelter on APN 055-361-020, as conditioned. SITUATION AND FACTS: 1. Applicants: Cingular Wireless 3345 Michelson Dr, Ste 100 Irvine, CA 92612 949-437-8655 2. Property Owner: Jim Smith 13740 Falcon Rd. Atascadero, CA 93422 805-610-7173 3. Project Address: 13740 Falcon Rd. 4. General Plan Designation 5. Zoning District: 6. Site Area: 7. Existing Use: 8. Environmental Status DISCUSSION: Analysis: ITEM NUMBER: 5 DATE: 8/19/03 Atascadero, CA 93422 Suburban Estates Residential Suburban 22.047 Acres Existing residence Proposed Mitigated Negative Declaration Project Site: The site is located on a ridge located approximately 1150 feet south of Highway 41 off of Falcon Road. The site contains an existing residence approximately 500 feet from the proposed telecommunications facility. Vacant land and single-family residential uses surround the site. There are no residential buildings within 300 feet of the proposed facility. I Old Morro Road h Project Site I Palo Verde I Morro Road / Highway 41 ITEM NUMBER DATE: 8/19/03 Project Summary: Cingular Wireless is proposing the installation of two stub -mounted monopoles measuring a total of 15 feet above grade, and the installation of a 24'x 6'x 6' high equipment shelter, as illustrated below. The poles, antennas, and equipment shelter will be painted Sherwin Williams `Brainstorm Bronze" to blend with the hillside and native vegetation. The proposed shelter will be recessed into the hillside. The project will gain access and be directly adjacert to Falcon Road, which currently exists as a private access road. The plant community surrounding the site is Coastal Sage Scrub, including Coastal Sagebrush, California Aster, Coyote Brush, Monkeyflower, and several varieties of sage. Visual Impacts: The existing site is visible from Palo Verde Road and less visible from Highway 41. The project proposal includes stealth techniques for the equipment shelter building, which includes natural colors, which blend into the surrounding hillside and recessing the structure into the natural slope. The poles and pole -mounted antennas have been sited down the hillside from the existing private road to minimize visibility from that location. Each pole and pole -mounted antenna will be painted a natural brown color to blend with the hillside (Condition 8). The applicant has submitted visual simulations and site elevations (See below) to demonstrate the relatively narrow -profile appearance of the proposed antennas and vegetative screening of the equipment shelter. ITEM NUMBER: 5 DATE: 8/19/03 Access: The project site is accessed from Falcon Road, an existing private road located off of Palo Verde Road and Highway 41. Traffic: The project is an unmanned facility and will not generate significant traffic trips. Utilities: Utilities will be installed underground. Utility trenches will be located within the existing graded road area to minimize disturbance of surrounding hillside vegetation. Conditional Use Permit Findings: The site is in the Residential Suburban zoning district where unmanned telecommunication facilities are a conditionally allowed use. Under Section 9-2.109 of the City's Zoning Ordinance, conditional uses require the approval of a Conditional Use Permit. In order to approve the Conditional Use Permit the Planning Commission is required to make the following findings: 1. The proposed use is consistent with the General Plan. Staff Comment: The use is consistent with the Rural Estates plan designation. 2. The proposed use satisfies all applicable provisions of the Zoning Ordinance. Staff Comment: As conditioned, the project satisfies all zoning code provisions. 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in this particular case, be detrimental to the health, safety or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental of injurious to the property or improvements in the vicinity and the use. Staff Comment: The poles, pole -mounted antennas, and equipment shelter will not be detrimental to the general public or working persons health, safety, or welfare. 4. The proposed use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development. Staff Comment: Conditions of approval have been added so that the proposed project will not be inconsistent with the commercial neighborhood character. 5. The proposed use will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. ITEM NUMBER: 5 DATE: 8/19/03 Staff Comment: The proposed facility will be unmanned and the maintenance visits are anticipated to be negligible. Staff believes the Planning Commission can make the Conditional Use Permit findings listed above. In the past, the Planning Commission has expressed concerns regarding the neighborhood compatibility of cell sites in residential areas. The project is located in a rural residential area and is greater than 500 feet from the nearest residential use. The equipment shelter and antennas have been located to minimize visual impacts from surrounding properties and access roads and will be painted to blend in with the surrounding environment. The site is surrounded by vacant undeveloped hillside land with more distant low-density residential uses. Environmental Review: The Initial Study concluded that there would be no significant harm to the environment as a result of this Conditional Use Permit when mitigation measures are implemented. A proposed Mitigated Negative Declaration has been prepared for the project and certification of the Mitigated Negative Declaration is included in draft Planning Commission Resolution 2002-0073. CONCLUSION: The projects will not be detrimental to the health, safety or welfare of the general public, nor will the project generate additional traffic in the surrounding neighborhood area. The project as conditioned is consistent with the surrounding residential neighborhood and the project has been designed to minimize visual impacts to surrounding areas. Staff believes the project, as conditioned, is consistent with the findings required for Conditional Use Permit approval. ALTERNATIVES: 1. The Planning Commission may approve Conditional Use Permit 2002-0077 with modified conditions of approval. 2. The Planning Commission may deny Conditional Use Permit 2002-0077 based on appropriate findings. To deny the application, the Commission must find that it is inconsistent with one of the required findings. The motion to deny must include a finding for denial. 3. The Planning Commission may continue the application and refer the project back to staff for additional information or analysis. Direction should be given to staff and the applicant. ITEM NUMBER: 5 DATE: 8/19/03 PREPARED BY: Kelly Davis, Assistant Planner ATTACHMENTS: Attachment 1: Zoning and General Plan Designation Attachment 2: Photo Simulations Attachment 3: Draft Resolution PC 2002-0073 ITEM NUMBER DATE: 8/19/03 ATTACHMENT 1: Zoning and General Plan Designation CUP 2002-0077 Zoning District: Residential Suburban General Plan Designation: Rural Estates 13740 Falcon Rd. APN 055-361-020 v Morro Road / Highway 41 Old Morro Road Project Site Palo Verde ITEM NUMBER DATE: 8/19/03 ATTACHMENT 2: Photo Simulations CUP 2002-0077 ITEM NUMBER: 5 DATE: 8/19/03 ATTACHMENT 2: Photo Simulations CUP 2002-0077 a ti � N L m c CL 0 ¢Q� o Oum CL o� ccLL a+ y f�� N T � o m y w 0 _ � U O #� U H y ' '• ej r b � N O { O f 01 O c O � 1 � O a 0 i ATTACHMENT 2: Photo Simulations CUP 2002-0077 '��ub �{o®t loation View looking at first stub mount location hd�lbtoountlod�on . `s ti k e• ��� .*^ rr View looking at second stub mount location -- ATTACHMENT 3: Draft Resolution PC 2003-0073 CUP 2002-0077 DRAFT RESOLUTION NO. PC 2003-0073 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING CONDITIONAL USE PERMIT 2002-0077, A REQUEST TO INSTALL A WIRELESS TELECOMMUNICATION FACILITY AT 13740 FALCON RD. (APN 055-361-020) (CUP 2002-0077; Cingular Wireless) WHEREAS, an application has been received from Cingular Wireless, 3345 Michelson, Suite 100, Irvine, CA 92612 (Applicant), to consider Conditional Use Permit 2002-0077, allowing the installation of a wireless telecommunication facility at 13740 Falcon Road (APN 055-361-020); and, WHEREAS, the proposed project is located within the Rural Estates land use designation of the City of Atascadero's General Plan Land Use Diagram; and, WHEREAS, the proposed project is located in the Residential Suburban zoning district where telecommunication facilities are subject to the approval of a conditional use permit; and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2002- 0051 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission held a duly noticed public hearing to consider the proposed Conditional Use Permit application on August 19, 2003 at 7:00 p.m. and considered testimony and reports from staff, the applicants, and the public. NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Certification of Mitigated Negative Declaration the Planning Commission of the City of Atascadero, hereby certifies Mitigated Negative Declaration 2002-0051 based on the following findings: 1. The Mitigated Negative Declaration has been completed in compliance with requirements of the California Environmental Quality Act; and, 2. The project does not have the potential to degrade the environment when mitigation measures are incorporated into the project; and, 3. The project will not achieve short-term to the disadvantage of long-term environmental goals when mitigation measures are incorporated into the project; and, 4. The project does not have impacts which are individually limited, but cumulatively considerable when mitigation measures are incorporated into the project; and, 5. The project will not cause substantial adverse effects on human beings either directly or indirectly when mitigation measures are incorporated into the project. SECTION 2. Findings for approval of Conditional Use Permit. The Planning Commission finds as follows: 1. The proposed project is consistent with the General Plan; and, 2. The proposed project satisfies all applicable provisions of the Zoning Ordinance; and, 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in this particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, 4. The proposed project will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development; and, 5. The proposed project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from the full development in accordance with the Land Use Element. SECTION 3. Approval of Conditional Use Permit. The Planning Commission does hereby approve Conditional Use Permit 2002-0077 allowing the installation of a wireless telecommunication facility at 13740 Falcon Road (APN 055-361-020) consistent with the following Exhibits: EXHIBIT A: Initial Study/Mitigated Negative Declaration 2002-0051 EXHIBIT B: Conditions of Approval EXHIBIT C: Site/Boundary Plan EXHIBIT D: Elevations EXHIBIT E: Site Plan On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ADOPTED: CITY OF ATASCADERO, CA Roberta Fonzi Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary EXHIBIT A: Mitigated Negative Declaration / CUP 2002-0077 Draft Resolution PC 2003-0073 Pease refer to next page. EXHIBIT B: Conditions of Approval Draft Resolution PC 2002-0045 CUP 2002-0060 Conditions of Approval/Mitigation Monitoring Program Timing Responsibility Mitigation CUP 2002-0060 /Monitoring Measure PS: Planning Services Wireless Telecommunications Facility BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer Serena Court / Cingular Wireless TO: TemporaryOccupancy WW: Wastewater F0: Final Occupancy CA: City Attorney Standard Conditions/Mitigations 1. The approval of this use permit shall become final and BP PS effective for the purposes of issuing building permits, provided the required conditions of approval have been satisfied, fourteen (14) days following the Planning Commission approval unless prior to the time, an appeal to the decision is filed as set forth in Section 9- 1.111(b) of the Zoning Ordinance. 2. Approval of this Conditional Use Permit shall be valid BP PS for twelve (12) months after its effective date. At the end of the period, the approval shall expire and become null and void unless the applicant has received a building permit or applied for an extension of entitlement. 3. The granting of this Conditional Use Permit shall apply Ongoing PS to APN 055-361-020 regardless of owner. 4. The Community Development Department shall have BP PS the authority to approve minor changes to the project that (1) result in a superior site design or appearance, and/or (2) address a construction design issue that is not substantive to the Conditional Use Permit. Project Conditions/Mitigations 5. All site design, antenna / cabinet placement, site BP/FO PS, BS fencing, and exterior elevations shall be consistent with Exhibit C through Exhibit E. 6. Use of the facility shall be limited to one carrier. All Ongoing PS, BS future carriers will be required to obtain approval of a Conditional Use Permit. 7. The City of Atascadero shall be allowed reasonable Ongoing access to the site and shall be allowed use of the site for the purposes of installing, operating and maintaining telecommunications equipment. 8. Each pole and pole -mounted antenna, and equipment BP/FO PS, BS 1.C.1 shelter building shall be painted Sherwin Williams Conditions of Approval/Mitigation Monitoring Program Timing Responsibility Mitigation CUP 2002-0060 /Monitoring Measure PS: Planning Services Wireless Telecommunications Facility BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer Serena Court / Cingular Wireless TO: TemporaryOccupancy WW: Wastewater F0: Final Occupancy CA: City Attorney "Brainstorm Bronze" 9. No exterior lighting shall be installed on any structures. BP PS, BS 1.c.2 10. The telecommunications poles/pole-mounted antenna BP/FO PS, BS 1.c.3 shall not exceed 15' as identified on Exhibit D. Mitigation Monitoring Program Timing Responsibility Mitigation Mitigated Negative Declaration 2002-0051, BL: Business License /Monitoring Measure CVP 2002-0077 GP: Grading Permit BP: Building Permit PS: Planning Services Fl: Final Inspection TO: Temporary Occupancy BS: Building Services FD: Fire Department FO: Final Occupa ncy PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Project Mitigations Mitigation Measure 1.c.1: Each pole and pole -mounted BP/FO PS, BS 1.c.1 antenna, and equipment shelter building shall be painted Sherwin Williams "Brainstorm Bronze". Mitigation Measure 1.c.2: No exterior lighting shall be installed BP PS, BS 1.c.2 on any structures. Mitigation Measure 1.c.3: The telecommunications poles/pole- BP/FO PS, BS 1.c.3 mounted antenna shall not exceed 15' as identified on Attachment 3 Mitigation Measure 1.c.4: The project proposal includes BP/FO PS, BS 1.c.4 stealth techniques for the equipment shelter building which includes Brainstorm Bronze color paint, berming, and native landscaping, per the project building and landscape plans. Mitigation Measure 1.c.5: Site disturbance shall be limited to BP/FO PS, BS 1.c.5 the area directly surrounding the wireless facilities. The applicant shall revegetate all disturbed areas of the site with native plant species as consistent with existing native on-site vegetation. Mitigation Measure 6.b.1: The grading permit application BP/FO PS, BS 6.b.1 plans shall include erosion control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. Mitigation Measure 6.b.2: All cut and fill slopes shall be BP/FO PS, BS 6.b.2 hydroseeded with an appropriate erosion control method (erosion control blanket, hydro -mulch, or straw mulch appropriately anchored) immediately after completion of earthwork between the months of October 15 through April 15. All disturbed slopes shall have appropriate erosion control methods in place. Duration of the project: The contractor will be responsible for the clean-up of any mud or debris that is tracked onto public streets by construction vehicles. Mitigation Measure 6.c.d: A soils report shall be required to be BP/FO PS, BS 6.c.d submitted with a future building permit by the building department. The building plans will be required to follow the Conditions of Approval/Mitigation Monitoring Program Timing Responsibility Mitigation CUP 2002-0060 /Monitoring Measure PS: Planning Services Wireless Telecommunications Facility BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer Serena Court / Cingular Wireless TO: TemporaryOccupancy WW: Wastewater F0: Final Occupancy CA: City Attorney recommendations of the soils report to assure safety for occupants and buildings. The property contains no unusual geological formations. Mitigation Measure 11.d.1: All construction activities shall BP/FO PS, BS 11.d.1 comply with the City of Atascadero Noise Ordinance for hours of operation. EXHIBIT C: Site/Boundary Plan Draft Resolution PC 2002-0045 CUP 2002-0060 EXHIBIT D: Elevations Draft Resolution PC 2002-0045 CUP 2002-0060 /a u 5-1 SAVE \ / F� gat� p� 0 �ny S O . 'i O �> - is - C - EXHIBIT F: Site Plan Draft Resolution PC 2002-0073 CUP 2002-0077 I f f eS q—s ------------- 1 � - fa N I Planning Commission Staff Report ITEM NUMBER: 4 DATE: 8-19-03 5460 Mariquita Avenue Colony House Single Family Planned Development Zone Change 2003-0040, Master Plan of Development (CUP 2003-0090), Vesting Tentative Parcel Map 2003-0036 (5460 Mariquita Avenue / Jorgensen) SUBJECT: The proposed project consists of an application for a Zone Change, Conditional Use Permit (CUP) and Tentative Parcel Map. The Zone Change request would establish a Planned Development #7 overlay on the site subject to a master plan of development (CUP) that would allow three (3) new single-family residences to be constructed in addition to the one (1) existing single-family colony house. The Tentative Parcel Map would create a four (4) lot subdivision. The project is subject to architectural, landscape, and historic preservation standards. The project site is gently sloped and developed as a historic colony home with large side and rear yard area. RECOMMENDATION: Staff Recommends: Adopt Resolution No. PC 2003-0035 recommending that the City Council certify Proposed Mitigated Negative Declaration 2003-0011; and, 2. Adopt Resolution No. PC 2003-0036 recommending that the City Council introduce an ordinance for first reading to approve Zone Change 2003-0040 based on findings; and, 3. Adopt Resolution No. PC 2003-0037 recommending that the City Council approve the Master Plan of Development (CUP 2003-0090) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, 4. Adopt Resolution No. PC 2003-0038 recommending the City Council approve Vesting Tentative Parcel Map 2003-0036 based on findings and subject to Conditions of Approval and Mitigation Monitoring. SITUATION AND FACTS: 1. Applicant / Representative: 2. Project Address: 3. General Plan Designation: 4. Zoning District: 5. Site Area: 6. Existing Use: 7. Environmental Status: DISCUSSION: Analysis of Plan ninga Issues 1. Project Definition ITEM NUMBER: 4 DATE: 8-19-03 Rick & Tricia Jorgensen 5460 Mariquita Avenue, Atascadero, CA 93422 5460 Mariquita Avenue, Atascadero, CA 93422 (San Luis Obispo County) APN 029-292-024 General Plan Designation: Medium -Density Residential (10 units/acre) RMF -10 (Residential Multiple Family) 0.70 acre Single Family Residence Proposed Mitigated Negative Declaration 2003-0011 The proposed project consists of three new single-family homes and retention of one existing single-family home located on individual lots that will be developed under the requirements of the PD -7 overlay district within the RMF -10 (Residential Multi -Family) zoning district. The new homes will be 838, 1420, and 1,455 square feet in size. The existing 2,100 square foot home will remain in its present size and location with a new 440 square foot scar garage. The existing single -car garage would be demolished. Each home will have a two car attached garage with two additional uncovered spaces provided in the driveway that fulfill the guest parking requirement. Each unit is consistent with the PD -7 requirement of providing a minimum 40% parcel landscaping and building footprints of less than 35% 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. Any future amendments to the Master Plan of Development can be made by the Planning Commission in the future, independent of Council action. ITEM NUMBER: 4 DATE: 8-19-03 Project Summary Table 2. Background Surrounding Land Use and Setting: North: Lot A Lot B Lot C Lot D Lot Area 6621 sf 5637 sf 7108 sf 11243 sf Building Footprint 1455 sf 880 sf 838 sf 1560 sf (not to exceed 35%) 22% 16% 12% 14% Landscaped Area 3178 sf 3100 sf 2132 sf 7083 sf minimum 40% 48% 55% 30% 63% Covered Parking 2 spaces 2 spaces 2 spaces 2 spaces Guest Parking spaces 2 spaces 1 spaces 1 spaces Floor Plan A B C D Lower Living Area 1455 880 838 440 2. Background Surrounding Land Use and Setting: North: Residential South: Residential East: Residential West: Residential The General Plan and Zoning Ordinance identifies the project site, along with adjacent properties to the south, east and west as Medium -Density Residential with a maximum density of 10 units per acre. Properties to the north are designated as single- family - residential with a one -acre lot minimum. However, most of the properties are less than one - acre in size. The project site multi family residential zoning is consistent with the General Plan. The General Plan and zoning incorporates factors such as slope, native trees, circulation, building coverage and landscape development standards that could reduce the density accordingly. The zoning ordinance allows the establishment of a Planned Development Overlay No. 7 (PD -7) in the multi -family zone which requires a minimum of four single-family units, consistent with the PD -7 site development standards and appearance review, as analyzed within this report. The PD -7 requires a Master Plan of Development which incorporates site development standards and appearance review including architecture, landscaping, and historic preservation. Per the zoning ordinance, the Master Plan of Development is processed as a Conditional Use Permit. ITEM NUMBER: 4 DATE: 8-19-03 3. Design and Appearance Architecture, Materials, Color The applicant has worked very closely with staff in designing the homes with special architectural features, upgraded building materials, compatible colors, and landscape design. In addition, staff has added conditions of approval consistent with General Plan & Zoning requirements, as identified below. The project has been designed with residential units that incorporate architectural themes and materials compatible with this traditional Atascadero colony neighborhood. Each home has been individually designed with its own traditional style, color, and material palette. The project has been well designed and only minor conditions of approval have been included regarding exterior material finishes (stucco, materials, lighting) (Conditions 6, 13, and Mitigation Measures 5.a.1, 5.a.2). A variety of architectural embellishments will be incorporated into the different new house designs, including: Covered entry porches, double or single hung windows, window shutters, architectural banding, decorative gable vents, and composition roof materials. A separate color scheme is proposed for each new house. All trash storage, recycle storage, and air conditioning units will be screened from view behind fenced or landscaped enclosures. 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. All landscape maintenance will be the responsibility of the individual property owner. ITEM NUMBER DATE: 849'03 Front Elevations of Each New House NO S-6 Elm- ------------------ El-d. Lot D Garage V-El.116. WIN LIP NO S-6 Elm- ------------------ El-d. Lot D Garage V-El.116. ITEM NUMBER: 4 DATE: 8-19-03 The applicant has included a color and material sample board for each house plan. Refer to Exhibit J for details. All colors are historically compatible. Landscape Design The preliminary landscape plan has been designed for compatibility with the surrounding neighborhood and visual appearance from Mariquita Avenue. The plans identify landscaping thoughout the site with the exception of rear yards. The landscape plan and palette meets the PD -7 requirements. No native trees will be impacted by the proposed project. Due to the on-site topography, the use of retaining walls is required on Lot B. A condition of approval has been included to design such walls to match or compliment the texture and color of the primary residence (Condition 11). 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 Mariquita Avenue. As a result of potential site impacts to the historic colony house site, the project includes a narrower 12 -foot wide concrete driveway with decorate paver accent strips. Sixteen- foot clear width is provided with use of turf block along the south side for emergency vehicle access (Condition 16). Each lot contains a minimum 3 parking spaces which is consistent with the code -required parking spaces. Site Drainage The site slopes gently to the south. Drainage has been designed to disperse through the site without concentrating flows into any particular location. On-site storm water retention is accommodated at the southwest corner of the project site. Wastewater Sanitary sewer will be connected to the existing Mariquita Avenue sewer line. 4. Historic Preservation Historic Evaluation: According to information provided by the applicant, local builder Robert Ansley built the existing or -site house in early 1919. The house is considered to be the first concrete block residence in Atascadero. A 1916 Atascadero Plat Map identified the site as sold. A 1926 Sanborn Insurance Map identifies a single-family 2 -story residence built of concrete block on the subject property in its existing location and configuration. A photograph taken in January 1919 shows a plaster finish on the second story walls and a ITEM NUMBER: 4 DATE: 8-19-03 running bond concrete block structural wall system for the first floor and on the detached garage at the time of initial occupation. Photographs from 1963 to present indicate a plaster exterior finish over all of the walls. It is not clear if the plaster finish was originally intended for the entire house but it appears that it may have been applied with a matching texture soon after the house was originally constructed. All other exterior treatments remain as originally constructed and occupied, including the detached single car garage. With the photographic information provided to staff, it appears that the house retains a high level of integrity, and is the builder's interpretation of a neoclassical style home, common j•4 Project Site 1926 Sanborn Map showing original site and colony house with detached garage. ATASCADERO, CAL.w JANUARY 3, 1919 4 �•i � YS ITEM NUMBER: 4 DATE: 8-19-03 between 1900 to 1920. This house with its colonnaded porch, Palladian front window, and overall symmetry shows strong classical influence. Although a detailed historic evaluation has not been prepared, it appears that the colony house may be eligible for individual listing in the National Register of Historic Places under one or more National Register criteria as described below. Criterion C which includes structures that "embodies the distinctive characteristics of type, period, or method of construction, that represent the work of a master, or that possess high artistic values." Under Criterion C, the property is significant because it embodies characteristics distinctive to its period of construction (1919) and because it possess high artistic value. Properties eligible for National Register inclusion must meet the criteria of significance and possess integrity. Integrity has seven aspects: location, design, setting, materials, workmanship, feeling and association. Staff has provided a brief evaluation of each aspect as follows: Location: The colony house remains on its original construction site and possesses integrity of location. Design: The colony house retains its strong classical influence architectural detailing and possesses integrity of design. Setting: The colony house retains its original 0.70 -acre parcel. Many of the surrounding lots are as depicted in a 1916 Plat Map and 1926 Sanborn Map. However, newer residences surround the house. Site features such as original landscape are non-existent with the exception of the front walkway which terminates at the street with a pair of square concrete blocks. The property does not possess sufficient integrity of setting because of the surrounding altered physical environment. Materials: The colony house features physical evidence of artesian craftsmanship as seen in the remaining architectural and ornamental detailing. There is a high degree of integrity of workmanship. Workmanship: Vernacular artisan craftsmanship is revealed in the construction details of this residence, including the heavy column porch supports and wooden trellis, the eve brackets, the distinctive wood sash windows, and the original concrete block foundation and chimney. Feeling: Like setting, the integrity of feeling is diminished for the colony house by changes in the neighborhood. Originally sharing larger lots by similar properties, the colony house property is presently adjacent to smaller subdivided properties some of which are presently occupied by contemporary ITEM NUMBER: 4 DATE: 8-19-03 residential buildings. Most historic features and landscaping surrounding the colony house are no longer present. Association: Association with Atascadero community has not been researched at this time. However, with additional research and analysis, it may be possible to establish a clear association with a pioneering or prominent figure in the community during the early era of Atascadero colony development. Consistency with U.S. Secretary of the Interior's Standards: The proposed project incorporates the Secretary of the Interior's Standards and Illustrated Guidelines for Rehabilitating Historic Buildings (Mitigation Measures 5.a.1, 5.a.2). The standards apply to the exterior rehabilitation of the Colony house, construction of the new detached garage for the colony house, design of the proposed three homes, and proposed landscape improvements to the overall project site. For detailed information, the National Park Service maintains a web site at http://www2.cr.Us.gov/tps/tax/rhb/. In addition, a copy of the guidelines can be reviewed at the City's Community Development Department. The proposed construction, lot size, and site improvements will contribute toward increasing the economic viability of the existing house as an original Atascadero colony residence. The proposed detached garage has been designed for vehicle parking and additional storage. In addition, the colony house lot will include a deed restriction preventing the site from being subdivided or from being altered, which degrades the significance of this historic house (Condition TPM 10). The overall project site has been carefully planned to reduce impacts to the historic house and setting to a level of insignificance. A mitigation measure has been included to require Covenants, Conditions and Restrictions (CC&R's) that incorporate the planned development conditions of approval to ensure that the site retains the historic qualities (historic buildings, architecture, colors, materials, fencing, and landscaping) over time (Mitigation Measure 5.a.3). Based on the above analysis and conditions, the Planning Commission may recommend a finding to the City Council that the project is consistent with the U.S. Secretary of the Interior's Standards and Illustrated Guidelines for Rehabilitating Historic Buildings. 5. 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." Due to the site's limited area and relatively small subdivision, no room is available for common recreational facilities. However, the project will have a number of "redeeming features" which include the following: 1) preservation of the historic colony house; 2) sensitive design of new homes and placement in relation to the historic colony house; 3) each unit will have a private yard area that will allow for outdoor recreational opportunities, 4) architectural and landscape features of the project have been designed to enhance the project's appearance and benefit the surrounding neighborhood; 5) the paved private driveway will incorporate special paving treatment, and 6) the project will provide one smaller, 838 square foot one -bedroom, ITEM NUMBER: 4 DATE: 8-19-03 detached single family affordable housing unit on lot C that is in limited supply throughout the community. Affordable Housing The City Council has implemented an 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. This interim program allows the project applicant a choice of either setting aside one housing unit at the moderate rate for a period of 30 years, or paying an in -lieu fee based on 2.50% of the valuation of each of the market rate units. A condition of approval has been added to this effect (Condition TPM 9). According to the San Luis Obispo County Department of Planning & Building, a 2 -bedroom moderate level affordable unit only qualifies if the sales price does not exceed $ 245,724 or the rent does not exceed $ 886 per month with a 30 -year deed restriction commitment. These numbers are subject to change as they are adjusted monthly. 6. Tentative Parcel Map A four -lot parcel map is proposed as part of the project consistent with the Master Plan of Development. The parcel 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 TPM 11). 7. Master Plan of Development (Conditional Use Permit) As previously mentioned, a Master Plan of Development is required for the PD -7, 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: 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 MultrFamily Residential designation of the Plan and General Plan Land Use Element Policy 1. 1, Policy 6.4, and Housing Element Policy 4.3. 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) including the PD -7 Ordinance. Staff Comment: As conditioned, the project satisfies all PD -7 zoning code provisions. ITEM NUMBER: 4 DATE: 8-19-03 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, and to enhance the historic colony house site integrity. 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 project density (10 units/acre) equates to a maximum of 6 units on the project site. 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. 8. General Plan Consistency The proposed project is consistent with the following General Plan Land Use 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 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 ". Land Use Policy 6.4: "Encourage conservation and preservation of structures and houses that have historical and architectural significance. " Housing Element Policy 4.3: "Encourage attractive architecture and site landscaping that respect terrain and native trees ". ITEM NUMBER: 4 DATE: 8-19-03 Implementing General Plan programs require appearance review of architectural design, materials, street trees, and landscaping to maintain the retain the rural atmosphere and protect the environment, and incorporate architectural themes into the site and building design. In addition, the General Plan requires utilization of the U.S. Secretary of the Interior's Standards and Guidelines for Rehabilitating Historic Properties for assessing proposed improvements to historic properties. 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 the retention of the historic colony house and the inclusion of one affordable moderate -income unit. The project will provide three small lot, single-family dwellings that fulfill an important housing need within the community. As conditioned, the project incorporates architectural and landscape elements that are consistent with the scale and character of the historic colony house, the surrounding neighborhood, and the General Plan's appearance review requirement. 9. Proposed Environmental Determination Staff has prepared an Environmental Impact Assessment in the form of a Draft Mitigated Negative Declaration. The document was circulated to public agencies and interested members of the public on March 12th, 2003. The historic documentation provided by the applicant and analyzed by staff has been incorporated into the environmental documentation. The environmental analysis identified concerns regarding potential impacts to Cultural (Historic) Resources, Land Use and Planning. Mitigation measures pertaining to the project design, siting criteria, and the U.S. Secretary of the Interior's Standards and Illustrated Guidelines for Rehabilitating Historic Buildings 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 Initial Study has evaluated the potential for this project to cause an adverse effect -- either individually or cumulatively -- on wildlife resources. There is no evidence the proposed project would have any potential for adverse effect on wildlife resources. Based on this finding, a Certificate of Fee Exemption will be submitted with the Notice of Determination after project approval, as required by Public Resources Code section 21089. The Certificate of Fee Exemption allows the project to be exempted from the review fee and environmental review by the California Department of Fish and Game. The proposed project has been designed in consultation with City staff regarding the preservation of the existing on-site colony house as a historic resource. The proposed site plan, architecture, colors and materials have been incorporated into the project as mitigation toward reducing potentially significant impacts to historic resources to a level of insignificance. The project also represents a consistent General Plan density (maximum 10 units/acre), 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 ITEM NUMBER: 4 DATE: 8-19-03 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 environmental impacts on historic resources to a level of insignificance. Staff is recommending the Commission recommend that the City Council certify Proposed Mitigated Negative Declaration 2003-0011. 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. 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 The Commission may make modifications to the project and/or conditions of approval for the project. 2. The Commission may determine that more information is needed on some aspect of the project and may refer the item back to the applicant and staff to develop the additional information. The Commission should clearly state the type of information that is required and move to continue the item to a future date. 3. The Commission may deny the project. The parcel would retain its designation of Residential Multi -Family. The Commission should specify the reasons for denial of the project and make an associated finding with such action. PREPARED BY: Steve McHarris, Planning Services Manager ATTACHMENTS: Attachment 1: Location Map, Zoning and General Plan Attachment 2 Draft Resolution of Approval Proposed Mitigated Negative Declaration Attachment 3: Draft Resolution of Approval Proposed Zoning Map Change Attachment 4: Draft Resolution of Approval Proposed Master Plan of Development Attachment 5: Draft Resolution of Approval Proposed Vesting Tentative Parcel Map ITEM NUMBER: 4 DATE: 8-19-03 Attachment 1: Location Map, General Plan and Zoning Project Site General Plan MDR Zoning District RMF -10 ATTACHMENT 2: Draft Resolution PC 2003-0035 PD -7 Master Plan of Development (CUP 2003-0090)/ZCH2O03-0040VTPM 2003-0036 Approval of Draft Mitigated Negative Declaration DRAFT RESOLUTION PC 2003-0035 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 2003-0040, CONDITIONAL USE PERMIT 2003-0090 AND TENTATIVE TRACT MAP 2003-0036 APN 029-292-024 (5460 Mariquita Avenue / Jorgensen) WHEREAS, an application has been received from Rick & Tricia Jorgensen (5460 Mariquita Avenue, Atascadero, CA 93423) Applicant and Property Owner to consider a project consisting of a zone change from RMF -10 (Residential Multi -Family) to RMF -10 / PD -7 (Residential Multi -Family with Planned Development Overlay #7) with the adoption of a Master Plan of Development, and a four lot residential Tentative Parcel Map on APN 029- 292-024 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, August 19, 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. 4. The project will not achieve short-term to the disadvantage of long-term environmental goals. Planning Commission Resolution 2003-0035 August 19, 2003 Page 2 of 7 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 2003-0035 August 19, 2003 Page 3 of 7 Exhibit A Proposed Mitigated Negative Declaration 2003-0011 Planning Commission Resolution 2003-0035 August 19, 2003 Page 4 of 7 ATTACHMENT 3: Draft Resolution PC 2003-0036 PD -7 Master Plan of Development (CUP 2000-0090)/ZCH2O03-0040 Approval of Proposed Zoning Map Change DRAFT RESOLUTION PC 2003-0036 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO RECOMMENDING THAT THE CITY COUNCIL APPROVE ZONE CHANGE 2003-0040, AMENDING THE OFFICIAL ZONING MAP DESIGNATION OF APN 029-292-024 FROM RMF -10 TO RMF -10 / PD -7 (5460 Mariquita Avenue / Jorgensen) WHEREAS, an application has been received from Rick & Tricia Jorgensen (5460 Mariquita Avenue, Atascadero, CA 93423) Applicant and Property Owner to consider a project consisting of a zone change from RMF -10 (Residential Mult�Family) to RMF -10 / PD -7 (Residential MultrFamily with Planned Development Overlay #7) with the adoption of a Master Plan of Development, and a four lot residential Tentative Parcel Map on APN 029- 292-024 and, WHEREAS, the site's General Plan Designation is MDR (Medium Density Residential); and, WHEREAS, the site's current zoning district is RMF -10 (Residential Multiple - Family); and WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact this amendmer>t 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, August 19, 2003, studied and considered Zone Change 2003-0040, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and, Planning Commission Resolution 2003-0035 August 19, 2003 Page 5 of 7 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 -7 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. 5. Proposed project incorporates the U.S. Secretary of the Interior's Standards and Illustrated Guidelines for Rehabilitating Historic Buildings SECTION 2. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on August 19, 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 2003-0035 August 19, 2003 Page 6 of 7 BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. AYES: NOES: ABSENT: ABSTAIN: ADOPTED: CITY OF ATASCADERO, CA Roberta Fonzi Chairperson Attest: Warren M. Frace Planning Commission Secretary Planning Commission Resolution 2003-0035 August 19, 2003 Page 7 of 7 Exhibit A: Zone Change Map 2003-0040 FR WIN Official Zoning Map Change APN 029-292-024 Existing Zone: RMF -10 Amended Zone: RMF-10/PD-7 HD ATTACHMENT 4: Draft Resolution PC 2003-0037 PD -7 Master Plan of Development (CUP 2003-0090)/ZCH2O03-0040 Approval of Proposed Master Plan of Development DRAFT RESOLUTION PC 2003-0037 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 2003-0090) FOR A PD -7 OVERLAY ZONE OF APN 029-292-024 (5460 Mariquita Avenue / Jorgensen) WHEREAS, an application has been received from Rick & Tricia Jorgensen (5460 Mariquita Avenue, Atascadero, CA 93423) Applicant and Property Owner to consider a project consisting of a zone change from RMF -10 (Residential Multi -Family) to RMF -10 / PD -7 (Residential MultrFamily with Planned Development Overlay #7) with the adoption of a Master Plan of Development, and a four lot residential Tentative Parcel Map on APN 029- 292-024 and, WHEREAS, the site's General Plan Designation is MDR (Medium -Density Residential); and, WHEREAS, the site's current zoning district is RMF -10 (Residential Multiple - Family); and, WHEREAS, the Planning Commission has recommended that a site be rezoned to include a PD -7 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, August 19, 2003, studied and considered the Master Plan of Development (CUP 2003-0090), after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Findings for Approval of 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 -7 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 August 19, 2003, resolved to recommend that the City Council approval of the Master Plan of Development (CUP 2003- 0090) subject to the following: 1. EXHIBIT A: Conditions of Approval/ Mitigation Monitoring Program 2. EXHIBIT B: 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 L Elevations and Floor Plans — Plan C 10. EXHIBIT J: Garage Elevations and Floor Plan — Plan D 11. EXHIBIT K: Exterior Color & Material Sample Board 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 EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program PD -7 Master Plan of Development (CUP 2003-0090)/ZCH2O03-0040 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 5460 Mariquita Avenue GP: Grading Permit FD: Fire Department PD -7 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2003-0090/ZCH 2003-0040 TO: Temporary Occupancy F0: 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 Parcel Map 2003- 0036 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 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 Parcel Map and construction BP/FM PS 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 F, H, I, and J. 7. All site development shall be consistent with the maximum BP/FM PS 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 consistent with the Master Plan of Development as shown in EXHIBIT B, D and E. 9. A final landscape and irrigation plan shall be approved BP PS prior to the issuance of building permits and included as part of site improvement plan consistent with EXHIBIT D. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services 5460 Mariquita Avenue BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department PD-7 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2003-0090/ZCH 2003-0040 TO: Temporary Occupancy F0: Final Occupancy WW: Wastewater CA: City Attorney 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 yards shall be landscaped by the developer. All landscape maintenance shall be the responsibility of the individual property owner. Two additional 15-gallon street trees to be double staked shall be planted along Mariquita Avenue (Parcels C & D). 10. All project fencing shall be installed consistent with BP PS EXHIBIT D subject to the following modifications. a. The front yards adjacent to Mariquita Avenue (Parcels C & D) shall not be enclosed with any fencing which exceeds 3-feet in height. b. The design of all fencing shall be compatible with the overall project design, subject to staff approval 11. Retaining walls visible for the street shall incorporate GP PS design & materials to match or compliment the texture and BP color of the primary residence. Rear yard retaining walls may be designed to blend with the proposed landscaping. 12. Affordable Housing Requirement: The applicant shall FM, BP PS, CE either set aside one housing unit at the moderate category rate for a period of 30 years, or pay an in-lieu fee based on 2.50% of the valuation of each of the market rate units. 13 II exterior material finishes (stucco, materials, lighting, BP PS garage doors) shall be durable, high quality, and consistent with the historically compatible appearance. 14. The colony house lot shall include a deed restriction FM PS, CE preventing the site from being subdivided or from being altered, which degrades the historic significance of the property. Building Services 15. 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. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 5460 Mariquita Avenue GP: Grading Permit FD: Fire Department PD -7 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2003-0090/ZCH 2003-0040 TO: Temporary Occupancy F0: Final Occupancy WW: Wastewater CA: City Attorney Fire Marshal 16. A minimum 12' paved with 16' total clear width access BP PS, BS with a minimum head clearance of 13'-6" is to be 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. 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 to BP BS restrict parking as required by the Fire Authority. City Engineer Standard Conditions 21. In the event that the applicant is allowed to bond for BP BS the public improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 22. An engineer's estimate of probable cost shall be BP PW submitted for review and approval by the City Engineer to determine the amount of the bond. 23. .The Subdivision Improvement Agreement shall BP PW record concurrently with the Final Map. 24. All public improvements shall be constructed in BP PW conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 25. The applicant shall enter into a Plan Check/Inspection BP BS agreement with the City. 26. The applicant shall be responsible for the relocation BP PW and/or alteration of existing utilities. 27. The applicant shall install all new utilities (water, gas, BP BS electric, cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 28. The applicant shall monument all property corners for BP PW construction control and shall promptly replace them if disturbed. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 5460 Mariquita Avenue GP: Grading Permit FD: Fire Department PD -7 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2003-0090/ZCH 2003-0040 TO: Temporary Occupancy F0: Final Occupancy WW: Wastewater CA: City Attorney 29. A preliminary subdivision guarantee shall be BP PW submitted for review in conjunction with the processing of the parcel map. 30. All existing and proposed utility, pipeline, open space, BP PS/PW 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. 31. Prior to recording the parcel map, the applicant shall BP PS/PW submit a map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 32. Prior to recording the parcel map, the applicant's BP PW surveyor shall set monuments at all new property corners or shall indicate, by certificate on the final 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. 33. Prior to recording the parcel map, the applicant shall BP BS pay all outstanding plan check/inspection fees. 34. Prior to recording the parcel map, the applicant shall BP PW 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, which indicates their review of the map. The letter shall identify any new easements, which may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the parcel map. 35. Upon recording the final map, the applicant shall BP PW provide the City with a black line clear Mylar (0.4 mil) copy and a blue line print of the recorded map. 36. Prior to the final inspection of any public BP PW 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. City Engineer Site Specific Conditions 37. The applicant shall construct new curb and gutter, in BP PS/PW accordance with City Standards, as shown on Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 5460 Mariquita Avenue GP: Grading Permit FD: Fire Department PD -7 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2003-0090/ZCH 2003-0040 TO: Temporary Occupancy F0: Final Occupancy WW: Wastewater CA: City Attorney improvement plans, along entire frontage. 38. The applicant shall sawcut and remove existing BP PW asphalt concrete roadway as shown on plans and repave to new curb and gutter, in accordance with City Standards. 39. The applicant shall address stormwater detention BP PW prior to grading and drainage approval. 40. The applicant shall pay sewer Extension (Annexation) BP PW and Connection fees upon issuance of building permit. 41. Each building shall be individually connected to the BP PW public sewer via a 4" gravity lateral to which each individual 2" forcemain will be connected. 42. Building plans shall be include detail of sewage BP BS sumps and pumps, control panel and alarm systems. 43. A 5 -foot drainage easement shall be recorded BP PW on the final map along the south property line of Parcel A and Parcel B and the east property line of Parcel B. 44. Existing drainage patterns from adjacent BP PW properties shall not be obstructed. 45. All drainage from improvements shall cross BP PW property lines within drainage easements. Atascadero Mutual Water Company 46. Prior to the recordation of the Final Parcel Map, the BP BS 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. 47. Prior to the recordation of the Final Map, the applicant BP BS shall obtain a " Will Serve " letter from the Atascadero Mutual Water Company. 48. Prior to issuance of building permits, the applicant BP BS shall pay all installation and connection fees required by the Atascadero Mutual Water Company. 49. Show all fire suppression appurtenances required by BP BS the Atascadero Fire Department. Mitigation Measures Mitigation Measure 1.c.1: If exterior lighting is proposed, it BP PS 1.c.1 shall be designed to eliminate any off site glare. All exterior Conditions of Approval / Mitigation Monitoring Program 5460 Mariquita Avenue PD -7 Master Plan of Development CUP 2003-0090/ZCH 2003-0040 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy F0: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure site lights shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. Any luminaire pole height shall not exceed 16 -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 historic setting, subject to staff approval. Mitigation Measure 3.b: The project shall be conditioned to BP BS 3.b comply with all applicable District regulations pertaining to the control of fugitive dust (PM -10) as contained in section 6.4 of the Air Quality Handbook. All site grading and demolition plans notes shall list the following regulations: A All material excavated or graded shall be sufficiently watered to prevent excessive amounts of dust. Watering shall occur at least twice daily with complete coverage, preferably in the late morning and after work is finished for the day. B. All clearing, grading, earth moving, or excavation activities shall cease during periods of high winds (i.e. greater than 20 mph averaged over one hour) so as to prevent excessive amounts of dust. C. All material transported off-site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. D. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized so as to prevent excessive amounts of dust. E. Permanent dust control measured identified in the approved project revegetation and landscape plans shall be implemented as soon as possible following completion of any soil disturbing activities. F. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading shall be sown with fast -germinating native grass seed and watered until vegetation becomes established. G. All disturbed areas not subject to revegetation shall be stabilized using approved chemical soil binders, jute netting, or other methods in advance by the APCD. H. All roadways, driveways, sidewalks, etc. to be paved shall be completed as soon as possible. In addition, structural foundations shall be completed as soon as possible following building pad construction. I. On-site vehicle speed shall be limited to 15 mph for any unpaved surface. J. All unpaved areas with vehicle traffic shall be watered at least twice per day, using non -potable water. K. Streets adjacent to the project site shall be swept daily to remove silt which may have accumulated from construction activities so as to prevent excessive amounts of dust from leaving the site. L. Wheel washers may be required when significant offsite import or export of fill is involved. M. Large canopy shade trees shall be provided along street frontages and within parking areas to shade paved areas and minimize urban heat build-up. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 5460 Mariquita Avenue GP: Grading Permit FD: Fire Department PD -7 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2003-0090/ZCH 2003-0040 TO: Temporary Occupancy F0: Final Occupancy WW: Wastewater CA: City Attorney Mitigation Measure 4.e.1: An arborists report shall be required GP BS 4.e.1 prior to project implementation. The report shall identify each native tree proposed for removal and each tree within the project area subject to potential impact. The report shall provide recommendations for tree pruning, tree protection of existing native trees to remain, and identify native tree impact/replacement mitigation per the Atascadero Municipal Code Section 9-11.105. Mitigation Measure 4.e.2: The building permit site plan shall GP BS 4.e.2 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. Mitigation Measure 4.e.3: The proposed front yard lands cape GP BS 4.e.3 trees shall be minimum 15 -gallon size and double staked. Mitigation Measure 4.e.4: The developer shall contract with a GP BS 4.e.4 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: ■ Prune all trees to be saved for structural strength and crown cleaning by a licensed and certified arborist; ■ Remove all debris and spoils from the lot cleaning and tree pruning. ■ All trenching or grading within the protected root zone area, outside of the tree protection fence shall require hand trenching or preserve and protect roots that are larger than 2 inches in diameter. ■ No grading or trenching is allowed within the fenced protected area. ■ Any roots that are 4 inches in diameter or larger are not to be cut until inspected and approved by the on- site arborist. ■ Apply any additional recommendations of the project arborist. (d) Upon project completion and prior to final occupancy a Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 5460 Mariquita Avenue GP: Grading Permit FD: Fire Department PD -7 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2003-0090/ZCH 2003-0040 TO: Temporary Occupancy F0: Final Occupancy WW: Wastewater CA: City Attorney 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.a.1: The proposed project shall GP PS, BS, CE 5.a.1 incorporate the Secretary of the Interior's Standards and Illustrated Guidelines for Rehabilitating Historic Buildings. The standards shall apply to the exterior rehabilitation of the Colony house, construction of the new detached garage for the colony house, design of the proposed three homes, and proposed landscape improvements to the overall project site, subject to staff review and approval. Mitigation Measure 5.a.2: Final design of the new detached GP PS, BS, CE 5.a.2 garage for the colony house shall be compatible with the existing colony house and single -car garage, including matching exterior materials and colors. Mitigation Measure 5.a.3: The proposed project shall include GP PS, BS, CE 5.a.3 Covenants, Conditions and Restrictions (CC&R's) that incorporate the planned development conditions of approval to ensure that the site retains the historic qualities (historic buildings, architecture, colors, materials, fencing, and landscaping) over time. Mitigation Measure 5.b: Should any cultural resources be GP PS, BS, CE 5.b unearthed during site development work, the provisions of CEQA -Section 15064.5, will be followed to reduce impacts to a non-significant level. Mitigation Measure 6.b.1: The grading permit application GP PS, BS, CE 6.16.1 plans shall include erosion control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. Mitigation Measure 6.c.d: A soils report shall be required to be GP BS 6.c.d submitted with a future building permit by the building department. Mitigation Measure 8.e.f.1: A Stormwater Pollution Prevention GP PS, BS, CE 8.e.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 8.0.2 ensuring that all contractors are aware of all storm water Conditions of Approval / Mitigation Monitoring Program 5460 Mariquita Avenue PD -7 Master Plan of Development CUP 2003-0090/ZCH 2003-0040 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy F0: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop orders. Mitigation Measure 11.d: All construction activities shall BP, GP PS, BS 11.d comply with the City of Atascadero Noise Ordinance for hours of operation. Construction activities shall be limited to the following hours of operation: • 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 hours of construction may be modified by the Community Development Director upon a determination that unusually loud construction activities are having a significant impact on the neighbors. Failure to comply with the above-described hours of operation may result in withholding of inspections and possible construction prohibitions, subject to the review and approval of the Planning Commission. A sign shall be posted on-site with the hours of operation and a telephone number of the person to be contacted in the event of any violations. The details of such a sign shall be approved by staff during the Grading Plan/Building Permit review process. EXHIBIT B: Site Plan N CD Mariquita Cottages '` r" $ V� 4 unit cottage complex b 5460 Marquita Ave. a Atascadero, California ""- EXHIBIT C: Statistical Summary of Project Proposed Project Summary Lot A Lot B Lot C Lot D Lot Area 6621 sf 5637 sf 7108 sf 11243 sf Building Footprint 1455 sf 880 sf 838 sf 1560 sf (not to exceed 35%) 22% 16% 12% 14% Landscaped Area 3178 sf 3 10 0 sf 2132 sf 7083 sf minimum 40% 48% 55% 30% 63% Covered Parking 2 spaces 2 spaces 2 spaces 2 spaces Guest Parking spaces 2 spaces 1 spaces 1 spaces Floor Plan A B C D Lower Living Area 1455 880 838 440 EXHIBIT D: Landscape Plan r- I • �a1 c -F-'1 «;3 6 u jig , s lift a I � N 110 IN I$ IIs gg n_ Q' L v CD Mariquita Cottages ff�s°h^ri°M •^ h; 4 unit cottage complex eBo�,x°5460MarquitaRoad e Atascadero, California®� EXHIBIT E: Grading and Drainage Plan Pill WA = as ! �� • � Q 8 55Rimm _✓ �, / � :_ stdta ee@ Ft t11t��>g� asa g�g IP. 1 \ l4 I / t P I' N QgQgq 1 - CD L. e o Mariquita Cottages xanrsm aeoreB�Arcmv � b 4 unit cottage complex ' DATEUMBER: 0269 5460 Marquita Road W Atascadero, California ®� EXHIBIT F: Site Section IIIIIIIIIII II IIIIIIIIIII II 111 1111 IIII 1111 II 1111 a 11111111111111 11111111111111 � IIII�I INIiI 11111 IIII —t n n-' 1111111 111111 Il�litll�llllll l 111 1 �' 41111111 II11 II11 II111111 I11111 III VIIIII III1111110 IIIIIII IIIII rilil IIIIIIIIII 111HII III m�IIIII 11111 IIIIIIII m�II IIIII III1111.11111111111 IIII IIIIIIII �t IIIIi1 11111111 lllill 1111111 111111 1111111 Illilll 1111111 11111111111111 IIJ111 1111111 € 11111 111111 m IIII 111111 IIII IIIIIIIII IIID IIIIIIIII Illjl IIIIIIII IIII IIIIIIII 111;14 11111111 hill; IIIIIIII 1111 1111111 hill IIIIIII � IjIi1111111111 1111111 1111111 Illi IIIIIIII Ijllli IIIIIIII `� EIIIII 1111111 ��� III —g IIIIIIIIIII III (� __ I I_II III II __ 1111 11111111 E € CID' CD r+ O g d evis,or+s: Manquita Cottages ierexy scnne�eaea� acn�rccm g � b 4 unit cottage complex r� 8 N roeNumaert: mos o r� vnaoo3 SCAI£: A�IM'iulyd 5460 Marquita Road AWcadero, California ®_ EXHIBIT G: Lot 1 - ELEVATIONS AND FLOOR PLANS - PLAN A C a o EH §L 3 E Oo g 11111111 p m - 4 i 8S I A A C 3 a pp3 id Mariquita Cottages effrey Sch wide eit�Arthi aU 4 unit cottage complex % s s °�°' scne: ivivzooz r.c ti rm�mm 5460 Marquita Road Atascadero, California EXHIBIT Lot 3 -ELEVATIONS AND FLOOR PLANS - PLAN B 11 H� \. 4 � ;§. !_ PEI � ! \ f !| y L4 || h ! | | | | } k \ ! § . / 0 .. |� |�_� � ! I> — M�guila Cottages 4 ®— Slhftid=it* —i | - unitm_@ comms ake� &mR a. wtwa&� c1£rna _ - EXHIBIT I: Lot 4 - ELEVATIONS AND FLOOR PLANS - PLAN C 2 0 ° E m � m i m — i 2 — o r® I E3 00 00 ■ ® u uu ❑® Lill - LIE B- CD u❑ �. ❑u o OFED JJu `- + m ■ O 3' �-' 00 C' C gpgp n. ■ ■dg Mariquita Cottages Jefr yS<h-ldn",*A i= 4 unit cottage complex 5460 Marquita Road 0543 Atascadero, California WA- �, EXHIBIT J: Lot 1- GARAGE ELEVATIONS aDFLOORPLAN -PLAND | . E, ! � | c 2 � 2• 0 __ n ~ � 0 0� � [� �o i§ n {/ ! MarigiGCottgs 4unit cottage complex | !A ' ua, - 0k— Rad �g6d= ctf_a EXHIBIT K: EXTERIOR COLOR & MATERIAL SAMPLE BOARD >i/._1'11 A P.1W i nm I )-v— V ylv ('ollr Iwd A1rri� sdr•lk !�!{' �• rill. Plan A iti" Eklw" . Note: See project file for colors. • a` 1 nrl 1 IF•Iw.� � '� iC G ; co+«.a 14on1.1 seieew ATTACHMENT 5: Draft Resolution PC 2003-0038 PD -7 Master Plan of Development (CUP 2003-0090)/ZCH2O03-0040/TPM2003-0036 Approval of Proposed Vesting Tentative Tract Map DRAFT RESOLUTION PC 2003-0038 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO RECOMMENDING THAT THE CITY COUNCIL APPROVE VESTING TENTATIVE PARCEL MAP 2003-0036, A FOUR LOT MAP CONSISTENT WITH A PD -7 OVERLAY ZONE OF APN 029-292-024 (5460 Mariquita Avenue / Jorgensen) WHEREAS, an application has been received from Rick & Tricia Jorgensen (5460 Mariquita Avenue, Atascadero, CA 93423) Applicant and Property Owner to consider a project consisting of a zone change from RMF -10 (Residential Mult�Family) to RMF -10 / PD -7 (Residential Multi -Family with Planned Development Overlay #7) with the adoption of a Master Plan of Development, and a four lot residential Tentative Parcel Map on APN 029- 292-024 and, WHEREAS, the site's General Plan Designation is MDR (Medium -Density Residential); and, WHEREAS, the site's current zoning district is RMF- 10 (Residential Multi -Family); and, WHEREAS, the Planning Commission has recommended that a site be rezoned to include a PD -7 overlay with a Master Plan of Development thereby allowing a six 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 August 19, 2003, studied and considered Tentative Parcel Map 2003- 0036, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project; and, NOW, THEREFORE, the Planning Commission takes the following actions: Section 1. Findings 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. 3. The proposed subdivision, as conditioned, is consistent with the proposed Planned Development Overlay District #7 Master Plan of Development (CUP 2003-0090). 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. 8. The design of the subdivision will provide a deed restriction on the colony house Parcel D will include a deed restriction preventing the site from being subdivided or from being altered which degrades the significance of the historic house. 9. 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 historic qualities (historic buildings, architecture, colors, materials, street amenities, fencing, and landscaping) over time 10. 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 August 19, 2003, resolved to recommend that the City Council approval of Vesting Tentative Parcel Map (TPM 2003- 0036) subject to the following: 1. Exhibit A: Vesting Tentative Parcel Map 2003-0036 2. Exhibit B: Conditions of Approval / Mitigation Monitoring Program. 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 Exhibit A: Vesting Tentative Parcel Map 2003-0036 1141:1 JX�gg;jR qg R � �ocsA 1 'HiM a g 79 a ilii R A'' ®' y F I / 7 ooy O@GGG Sea a :$6 3 X$j � J '" 584 t 1 ■� i f R \ ! Vo r� m rn 42 N D N A'' ®' rase F 1--f 7 ooy O@GGG Sea a :$6 3 X$j L '" 584 t 1 ■� R 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 5460 Mariquita Avenue BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Parcel Map Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TPM 2003-0036 TO: Temporary Occupancy Fl: 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 2003-0040 and CUP 2003-0090. 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 Parcel 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 5460 Mariquita Avenue (APN 029- 292-024) 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, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 5460 Mariquita Avenue BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Parcel Map Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TPM 2003-0036 TO: Temporary occupancy FI: Final inspection WW: Wastewater CA: City Attorney F0: Final Occupancy AMWC: Water Comp. concerning the subdivision. 9. Affordable Housing Requirement: The applicant shall FM PS, CE either set aside one housing unit at the moderate category rate for a period of 30 years, or pay an in -lieu fee based on 2.50% of the valuation of each of the market rate units. 10. The colony house lot shall include a deed restriction GP PS, CE preventing the site from being subdivided or from being altered, which degrades the historic significance of the property. 11. The applicant will be required to record CC&R's for FM PS, CE the map that will include maintenance and access of common areas. Building Services 11. A soils investigation prepared by a licensed FM PS, BS, 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 PS, CE with a minimum head clearance of 13'-6" is to be 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 fire lanes shall be delineated to FM CE restrict parking as required by the Fire Authority. City Engineer Standard Conditions 17. In the event that the applicant is allowed to bond for BP BS the public improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 5460 Mariquita Avenue BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Parcel Map Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TPM 2003-0036 TO: Temporary occupancy FI: Final inspection WW: Wastewater CA: City Attorney F0: Final Occupancy AMWC: Water Comp. 18. An engineer's estimate of probable cost shall be BP PW submitted for review and approval by the City Engineer to determine the amount of the bond. 19. .The Subdivision Improvement Agreement shall BP PW record concurrently with the Final Map. 20. All public improvements shall be constructed in BP PW conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 21. The applicant shall enter into a Plan Check/Inspection BP BS agreement with the City. 22. The applicant shall be responsible for the relocation BP PW and/or alteration of existing utilities. 23. The applicant shall install all new utilities (water, gas, BP BS electric, cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 24. The applicant shall monument all property corners for BP PW construction control and shall promptly replace them if disturbed. 25. A preliminary subdivision guarantee shall be BP PW submitted for review in conjunction with the processing of the parcel map. 26. All existing and proposed utility, pipeline, open space, BP PS/PW 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. 27. Prior to recording the parcel map, the applicant shall BP PS/PW submit a map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 28. Prior to recording the parcel map, the applicant's BP PW surveyor shall set monuments at all new property corners or shall indicate, by certificate on the final 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. 29. Prior to recording the parcel map, the applicant shall BP BS pay all outstanding plan check/inspection fees. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 5460 Mariquita Avenue BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Parcel Map Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TPM 2003-0036 TO: Temporary occupancy FI: Final inspection WW: Wastewater CA: City Attorney F0: Final Occupancy AMWC: Water Comp. 30. Prior to recording the parcel map, the applicant shall BP PW 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, vtkiich indicates their review of the map. The letter shall identify any new easements, which 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. 31. Upon recording the final map, the applicant shall BP PW provide the City with a black line clear Mylar (0.4 mil) copy and a blue line print of the recorded map. 32. Prior to the final inspection of any public BP PW 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. City Engineer Site Specific Conditions 33. The applicant shall construct new curb and gutter, in BP PS/PW accordance with City Standards, as shown on improvement plans, along entire frontage. 34. The applicant shall sawcut and remove existing BP PW asphalt concrete roadway as shown on plans and repave to new curb and gutter, in accordance with City Standards. 35. The applicant shall address stormwater detention BP PW prior to grading and drainage approval. 36. The applicant shall pay sewer Extension (Annexation) BP PW and Connection fees upon issuance of building permit. 37. Each building shall be individually connected to the BP PW public sewer via a 4" gravity lateral to which each individual 2" forcemain will be connected. 38. Building plans shall be include detail of sewage BP BS sumps and pumps, control panel and alarm systems. Atascadero Mutual Water Company 39. Prior to the recordation of the Final Parcel Map, the BP BS applicant shall submit plans showing the water distribution facilities required to serve the project for review and approval by the Atascadero Mutual Water Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 5460 Mariquita Avenue BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Parcel Map Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TPM 2003-0036 TO: Temporary occupancy FI: Final inspection WW: Wastewater CA: City Attorney F0: Final Occupancy AMWC: Water Comp. Company. All new water distribution facilities shall be constructed in conformance with Atascadero Mutual Water Company Standards. 40. Prior to the recordation of the Final Map, the applicant BP BS shall obtain a " Will Serve " letter from the Atascadero Mutual Water Company. 41. Prior to issuance of building permits, the applicant BP BS shall pay all installation and connection fees required by the Atascadero Mutual Water Company. 42. Show all fire suppression appurtenances required by BP BS the Atascadero Fire Department. 43. Prior to the recordation of the Final Parcel Map, the BP BS 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. 44. A 5 -foot drainage easement shall be recorded BP PW on the final map along the south property line of Parcel A and Parcel B and the east property line of Parcel B. 45. Existing drainage patterns from adjacent BP PW properties shall not be obstructed. 46. All drainage from improvements shall cross BP PW property lines within drainage easements. Mitigation Measures Mitigation Measure 1.c.1: If exterior lighting is proposed, it BP PS 1.c.1 shall be designed to elim inate 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 16 -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 historic setting, subject to staff approval. Mitigation Measure 3.b: The project shall be conditioned to BP BS 3.b comply with all applicable District regulations pertaining to the control of fugitive dust (PM -10) as contained in section 6.4 of the Air Quality Handbook. All site grading and demolition plans notes shall list the following regulations: A. All material excavated or graded shall be sufficiently watered to prevent excessive amounts of dust. Watering shall occur at least twice daily with complete coverage, preferably in the late morning and after work is finished for the day. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 5460 Mariquita Avenue BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Parcel Map Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TPM 2003-0036 TO: Temporary occupancy FI: Final inspection WW: Wastewater CA: City Attorney F0: Final Occupancy AMWC: Water Comp. B. All clearing, grading, earth moving, or excavation activities shall cease during periods of high winds (i.e. greater than 20 mph averaged over one hour) so as to prevent excessive amounts of dust. C. All material transported off-site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. D. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized so as to prevent excessive amounts of dust. E. Permanent dust control measured identified in the approved project revegetation and landscape plans shall be implemented as soon as possible following completion of any soil disturbing activities. F. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading shall be sown with fast-germinating native grass seed and watered until vegetation becomes established. G. All disturbed areas not subject to revegetation shall be stabilized using approved chemical soil binders, jute netting, or other methods in advance by the APCD. H. All roadways, driveways, sidewalks, etc. to be paved shall be completed as soon as possible. In addition, structural foundations shall be completed as soon as possible following building pad construction. I. On-site vehicle speed shall be limited to 15 mph for any unpaved surface. J. All unpaved areas with vehicle traffic shall be watered at least twice per day, using non-potable water. K. Streets adjacent to the project site shall be swept daily to remove silt which may have accumulated from construction activities so as to prevent excessive amounts of dust from leaving the site. L. Wheel washers may be required when significant offsite import or export of fill is involved. M. Large canopy shade trees shall be provided along street frontages and within parking areas to shade paved areas and minimize urban heat build-up Mitigation Measure 4.e.1: An arborists report shall be required GP BS 4.e.1 prior to project implementation. The report shall identify each native tree proposed for removal and each tree within the project area subject to potential impact. The report shall provide recommendations for tree pruning, tree protection of existing native trees to remain, and identify native tree impact/replacement mitigation per the Atascadero Municipal Code Section 9-11.105. Mitigation Measure 4.e.2: The building permit site plan shall GP BS 4.e.2 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. Mitigation Measure 4.e.3: The proposed front yard landscape GP BS 4.e.3 trees shall be minimum 15-gallon size and double staked. Mitigation Measure 4.e.4: The developer shall contract with a GP BS 4.e.4 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 5460 Mariquita Avenue BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Parcel Map Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TPM 2003-0036 TO: Temporary occupancy FI: Final inspection WW: Wastewater CA: City Attorney F0: Final Occupancy AMWC: Water Comp. 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: ■ Prune all trees to be saved for structural strength and crown cleaning by a licensed and certified arborist; ■ Remove all debris and spoils from the lot cleaning and tree pruning. ■ All trenching or grading within the protected root zone area, outside of the tree protection fence s hall require hand trenching or preserve and protect roots that are larger than 2 inches in diameter. ■ No grading or trenching is allowed within the fenced protected area. ■ Any roots that are 4 inches in diameter or larger are not to be cut until inspected and approved by the on- site arborist. ■ Apply any additional recommendations of the project arborist. (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.a.1: The proposed project shall GP PS, BS, CE 5.a.1 incorporate the Secretary of the Interior's Standards and Illustrated Guidelines for Rehabilitating Historic Buildings. The standards shall apply to the exterior rehabilitation of the Colony house, construction of the new detached garage for the colony house, design of the proposed three homes, and proposed landscape improvements to the overall project site, subject to staff review and approval. Mitigation Measure 5.a.2: Final design of the new detached GP PS, BS, CE 5.a.2 garage for the colony house shall be compatible with the Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 5460 Mariquita Avenue BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Parcel Map Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TPM 2003-0036 TO: Temporary occupancy FI: Final inspection WW: Wastewater CA: City Attorney F0: Final Occupancy AMWC: Water Comp. existing colony house and single -car garage, including matching exterior materials and colors. Mitigation Measure 5.a.3: The proposed project shall include GP PS, BS, CE 5.a.3 Covenants, Conditions and Restrictions (CC&R's) that incorporate the planned development conditions of approval to ensure that the site retains the historic qualities (historic buildings, architecture, colors, materials, fencing, and landscaping) over time. Mitigation Measure 5.b: Should any cultural resources be GP PS, BS, CE 5.b unearthed during site development work, the provisions of CEQA -Section 15064.5, will be followed to reduce impacts to a non-significant level. Mitigation Measure 6.b.1: The grading permit application GP PS, BS, CE 6.b.1 plans shall include erosion control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. Mitigation Measure 6.c.d: A soils report shall be required to be GP BS 6.c.d submitted with a future building permit by the building department. Mitigation Measure 8.e.f.1: A Stormwater Pollution Prevention GP PS, BS, CE 8.e.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 11.d comply with the City of Atascadero Noise Ordinance for hours of operation. Construction activities shall be limited to the following hours of operation: • 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 hours of construction may be modified by the Community Development Director upon a determination that unusually Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services 5460 Mariquita Avenue SIP: Subdivision FD: Fire Department Vesting Tentative Parcel Map Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TPM 2003-0036 TO: Temporary occupancy FI: Final inspection WW: Wastewater CA: City Attorney F0: Final Occupancy AMWC: Water Comp. loud construction activities are having a significant impact on the neighbors. Failure to comply with the above-described hours of operation may result in withholding of inspections and possible construction prohibitions, subject to the review and approval of the Planning Commission. A sign shall be posted on-site with the hours of operation and a telephone number of the person to be contacted in the event of any violations. The details of such a sign shall be approved by staff during the Grading Plan/Building Permit review process.