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HomeMy WebLinkAboutPC_2003-09-02_AgendaPacketCITY OFATASCADERO PLANNING COMMISSION AGENDA Regular Meeting September 2, 2003 — 7:00 P.M. City of Atascadero 6500 Palma Ave. — 4th Floor, - Atascadero, California CALL TO ORDER Pledge of Allegiance Roll Call: Chairperson Fonzi Vice Chairperson Kelley Commissioner Bentz Commissioner Beraud Commissioner Jones Commissioner O'Keefe Commissioner Porter APPROVAL OF AGENDA PUBLIC COMMENT (This portion of the meeting is reserved for persons wishing to address the Commission on any matter not on this agenda and over which the Commission has jurisdiction. Speakers are limited to five minutes. Please state your name and address for the record before making your presentation. The Commission may take action to direct the staff to place a matter of business on a future agenda) CONSENT CALENDAR (All items on the consent calendar are considered to be routine and non -controversial by City Staff and will be approved by one motion if no member of the Commission or public wishes to comment or ask questions) 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON AUGUST 19, 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. PLANNING COMMISSION REVIEW HEARING OF CONDITIONAL USE PERMIT U821025,5400 CARRIZO ROAD: RALPH'S CUSTOM MEATS. Owner: Tom Dorsey,8225 Lake Nacimiento Drive, Paso Robles, CA 93446 Project Title: Conditional Use Permit U821025 Approved by Atascadero Planning Commission December 6, 1982 Project 5400 Carrizo Road, Atascadero, CA 93422 Location- (San Luis Obispo County) APN 049-101-012 Project The Planning Commission will be holding an informational hearing for the purpose Description- of reviewing the status of the conditional use permit for Ralph's Custom Meats, the Description- conditions of approval and the business' compatibility with the neighborhood. General Plan Designation: Single Family Residential '/z acre (SFR -X) Zoning District: RSF-X t 3. ZCH-2002-0027 CUP 2002-0064, TTM 2002-0018:1200 LA COSTA PD -7 Applicant: Andy Charnley, 200 S. Main Street, Templeton, CA 93465; Phone: 434-4252 Project Title: La Costa Court — Planned Development Zone Code Text 2003-0083, Zone Change 2002- 0027, Conditional Use Permit 2002-0064, Vesting Tentative Tract Map 2002-0018 for a 40 -lot multi -family residential subdivision. Project 1200 La Costa Court, Lot 10, Tract 2234, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 045-358-010. Project The proposed project consists of an application for a Planned Development Overlay Zone, Description- Conditional Use Permit, and Tentative Tract Map. The proposed project consists of 40 attached, multi -family residential units with a 60 -foot wide private open space/parking area adjacent to existing La Costa Court residences. The project site is 2.9 -acres and is located between U.S. Highway 101 and EI Camino Real on La Costa Court. The project will include 40 lots ranging in size from 1,887 to 2,278 square feet, 40 on-site guest parking spaces, and 19,730 square feet of private open space. There are no native trees on-site. General Plan Designation: High -Density Residential (16 units/acre) Zoning District: Residential Multi -Family - 16 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 9/2/03 at 6500 Palma Avenue, Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. 4. TPM 2003-0041: 2435 SAN FERNANDO ROAD Applicant: Richard Audette, 2435 San Fernando Road, Atascadero, CA 93422 Sandy L. Summers, 2435 San Fernando Road, Atascadero, CA 93422 Project Title: Tentative Parcel Map 2003-0041 (AT03-0104) Project Location: South of Balboa Road, northeast of San Fernando Road, east of Corriente Road, at 2435 San Fernando Road, Atascadero, CA 93422, San Luis Obispo County Project APN 050-131-005 and 020 Project A proposed subdivision of two existing lots, totaling 10.52 acres (gross) into three lots of Description: 4.148, 3.18, and 3.18 acres. Proposed parcel 1 is currently developed with a single-family Description: residence and accessory structures. Proposed parcels 2 and 3 are vacant and would be available for single- family residential development, however development is not proposed with this application. The project area is moderately sloping, with an average slope of 14 to 19% and contains several native oak trees. The proposed new parcels will receive water service from the Atascadero Mutual Water Company. Septic systems will be utilized for wastewater disposal. General Plan Designation: Rural Estate (RE) Zoning District: Residential Suburban RS Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration is Environmental proposed. The proposed Negative Declaration is available for public review from 08/14/03 Determination: through 09/02/03 at 6500 Palma Avenue, Community Development Department, Room 104, from 8:00 a.m. to 5:00 .m., Monday through Friday. 5. ZCH 2003-0061, CUP 2003-0110, TPM 2003-0047: PD -14 AMENDMENT LAKES (MIDLAND PACIFIC) Applicant; Midland Pacific Building Corporation, 6955 EI Camino Real, Atascadero, CA 93422 Project Tit/e: Chico Road Subdivision ZCH 2003-0061, CUP 2003-0110, TPM 2003-0047 Project 2955 Chico Road, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 049-022-009 Project The proposed project is a request for a Zone Change (ZCH), Conditional Use Permit (CUP) Description: and Tentative Parcel Map (TPM). The Zone Change would establish a Planned Development No. 14 overlay on the site, subject to a master plan of development (CUP) that would allow 2 single- family residences to be constructed. The Tentative Parcel Map would create a 3 -lot subdivision. The project would be subject to architectural and landscape standards. The project site is a slight to moderately sloping lot currently developed with an industrial building and various accessory structures. The existing structures will be removed/demolished. General Plan Designation: Open Space Zoning District: Residential Single Family — Y COMMISSIONER COMMENTS & REPORTS DIRECTOR'S REPORT ADJOURNMENT The next regular meeting of the Planning Commission will be September 16, 2003 at City Hall in the 4ch 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. 1\CityhaII\CDvlpmnt\- PC Agendas\PC 2003\PC Agenda. 09-02-03.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 Planning Commission Staff Report Planning Commission Review Hearing Conditional Use Permit U821025 Ralph's Custom Meats: 5400 Carrizo Road: Approved by Atascadero Planning Commission December 6, 1982 (Tom Dorsey) SUBJECT: The Planning Commission will be holding an informational hearing for the purpose of reviewing the status of Conditional Use Permit U821025 for Ralph's Custom Meats, the conditions of approval and the business' compatibility with the neighborhood. RECOMMENDATION: Staff Reeommends: The Planning Commission take testimony from the applicant and neighborhood on the operation of the business and provide staff with direction on how to prepare amended conditions of approval for a future hearing. SITUATION AND FACTS: 1. Owner: Tom Dorsey,8225 Lake Nacimiento Drive, Paso Robles, CA 93446 2. Project Address: 5400 Carrizo Road, Atascadero, CA 93422 (San Luis Obispo County) APN 049-101-012 3. General Plan Designation: Single Family Residential %2 acre (SFR -X) 4. Zoning District: Residential Single Family %2 acre (RSF-X) 5. Existing Use: Single family house with free standing butcher shop 6. Environmental Status: Categorical Exemption CEQA section 15303 Class 3(c) was certified for the original CUP on December 6, 1982. BACKGROUND Ralph's Custom Meats has been in operation at 5400 Carrizo Road for over 20 years. The original owner, Ralph McCormack applied to the City in 1982 for a conditional use permit to "establish a custom meat processing business in conjunction with an existing single family residence." In 1982 the zoning was A-1-2'/2 and the General Plan was SSF, Suburban Single Family. The Planning Commission held a public hearing and granted the CUP subject to conditions of approval on December 6, 1982 (see Attachment 2). The 1982 staff report indicates that the operation was to consist of the curing, cutting and packaging of carcasses that would be brought to the site. The staff report stated that "three to five customers will use his service in a week." It appears to staff, that Ralph's Custom Meat peacefully coexisted with the neighborhood until recently. The original owner and applicant Ralph McCornack lived in the house and operated the custom meat shop until fairly recently. Sometime during the past few years, the property and business were sold to the current owner Tom Dorsey. The current owner has grown the business to serve more customers which in turn has created neighborhood compatibility issues. Based on complaints received from the neighborhood in 2002, staff sent a letter to notify the owner that the business was out of compliance with the CUP's conditions of approval (see Attachment 3). At the time, the owner was repaving the driveway and reconstructing a freezer unit. Staff identified the following areas of CUP compliance that were a concern: Excerpts of Conditions of Approval 2. A minimum of two off-street oarkina stalls in addition to those reauired for the existing residence shall be provided. a. Spaces shall be 9' x 20' with a 24 foot turning radius and shall have a gravel or chip seal surface. c. Parking shall be located to the rear of the residence near the proposed accessory building. 4. The business shall be limited by the following operation conditions: a. No person shall be employed who is not a resident of the property. b. Ooeratina hours shall be between 7:00 a.m. and 7:00 a.m. on C. Company vehicles shall be limited to one in number and shall be parking in spaces required by Condition #2 above. Such vehicles shall be continuously maintained in a clean and sanitary condition with no blood, grease or similar encrustations allowed to build up. d. Custom meat processing on the premises shall be limited to curing, cutting and packaging processes, which shall be conducted entirely within the proposed meat processing building. Slaughter of animals on the premises is not permitted. e. Adequate solid waste storage facilities shall be provided and offal and similar waster by-products shall be removed from the premises as frequently as necessary to maintain healthful and sanitary conditions, aenerallv two times a week. ANALYSIS Following the letter, the owner cooperated with staff on bringing the operation in to conformance with the conditions. With the exception of the owner relocating his place of residence's staff concluded that the operation was in compliance with the 1982 conditions of approval. However, the conditions of approval are very limited and failed to clearly define the scope of "custom meat processing" and did not address appropriate numbers of customer, acceptable levels traffic or the frequency of truck deliveries. The neighborhood's position is that current level of activity exceeds the original project description and findings that were used to approve the project (see Attachment 4). Furthermore, the neighbors claim that the use has now become a nuisance that violates the underlying purpose of the CUP which is to ensure neighborhood compatibility. The following findings were included in the 1982 Planning Commission Approval: 1. The custom meat processing business will not be detrimental to the health, safety or welfare of persons residing or working in the neighborhood if operated in conformance with applicable regulations. 2. The proposed use will not be inconsistent with the character of the neighborhood or contrary to the orderly development of the community since an inordinate amount of traffic beyond normal traffic volumes should not occur. 3. The custom meat processing business can be conducted in a manner that is compatible with the surrounding residential neighborhood if recommended conditions are adequately complied with. In staff s opinion, the original finding correctly established thresholds for neighborhood compatibility. Unfortunately, the conditions of approval lack specific traffic, delivery and customer level thresholds that can be equitably enforced by staff. Consequently, it appears that the conditions of approval for the project should amended to clarify and specifically define the allowable scope and intensity of the operation to ensure neighborhood compatibility. Since this item has been advertised as an review hearing no action to amend the CUP maybe taken at this time. If the Commission agrees that the CUP should be amended, then action should be taken to direct staff to prepare revised conditions and schedule a hearing for CUP amendment. CONCLUSION: In granting the CUP in 1982, the City allowed the establishment of a meat cutting operation in a residential area. The business owner has a right to operate the business in conformance with the CUP and the neighborhood has a right to have quality of life protected in conformance with the findings of the CUP. The primary issue is that the findings and conditions of approval are not consistent and lack specifics that staff can legally enforce. The role of the Planning Commission will be to define the balance point between business operation and neighborhood compatibility. ALTERNATIVES: 1. The Planning Commission may want to provide staff with direction on interim enforcement measures that could be implemented prior to amending the CUP. 2. The Planning Commission may determine that no amendment to the CUP is necessary. PREPARED BY: Warren Frace, Community Development Director ATTACHMENTS: Attachment 1: Location map Attachment 2: 1982 Planning Commission Staff Report Attachment 3: 2002 Staff Letter Attachment 4: April 18, 2002 Neighborhood Letter Attachment 1: Location Map: 5400 Carrizo Road P_, Attachment 2: 1982 Planning Commission Staff Report Attachment 3: 2002 Staff Letter Attachment 4: April 18, 2002 Neighborhood Letter ITEM NUMBER: 1 DRAFT DATE: 09/02/03 CITY OFATASCADERO PLANNING COMMISSION MINUTES Regular Meeting August 19, 2003 — 7:00 P.M. CALL TO ORDER Chairperson Fonzi called the meeting to order at 7:04 p.m. and Commissioner Kelley led the Pledge of Allegiance. ROLL CALL Present: Commissioners Jones, O'Keefe, Porter, Vice Chairperson Kelley and Chairperson Fonzi Absent: Commissioners Bentz and Beraud Staff: Community Development Director Warren Frace, Planning Services Manager Steve McHarris, Associate Civil Engineer Jeff van den Eikhof, Assistant Planner Kelly Davis, Associate Planner Kerry Margason, and Recording Secretary Grace Pucci. APPROVAL OF AGENDA MOTION: By Vice Chairperson Kelley and seconded by Commissioner Jones to approve the agenda. AYES: Commissioners Kelley, Jones, O'Keefe, Porter and Chairperson Fonzi NOES: None ABSTAIN: None Motion passed 5:0 by a roll -call vote. PUBLIC COMMENT Eric Greening, 7365 Valle Avenue, expressed his concern with the possible usage of "transfer of development" credits for two pending projects within the City. He referred to the fact that the City does not currently have this type of program in place and urged the commission, if this item does come before them, to move with caution and to develop a predictable public process particularly in relation to the designation of "receiving zones" and the way that neighbors of receiving zones would be apprised of and be able to react to that designation. Chairperson Fonzi closed the Public Comment period. CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON AUGUST 5, 2003. MOTION: By Commissioner O'Keefe and seconded by Commissioner Jones to approve the Consent Calendar. AYES: Commissioners O'Keefe, Jones, Porter, Kelley and Chairperson Fonzi NOES: None ABSTAIN: None Motion passed 5:0 by a roll -call vote. PUBLIC HEARINGS 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 Desi ng ation: GC (General Commercial) 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 Planning Services Manager Steve McHarris provided the staff report and answered questions of the Commission. Commissioner Bentz joined the meeting at 7:25 p.m. John Knight, RRM Design Group, project planner, made a presentation on behalf of the applicant and with Bob Fowler, Vice President R. W. Hertel & Sons, answered questions of the Commission. (Exhibit A) Mr. Knight reviewed three specific areas of concern raised at the last Planning Commission meeting: 1) tree mitigation, 2) second units, and 3) inclusionary housing. PUBLIC COMMENT Debbie Shelby, 13445 San Antonio Road, expressed her opposition to a right turn only designation on San Antonio Road in a prepared statement. (Exhibit B) Tim Haley, 9511 Las Palos, stated his opposition to the project feeling there would be adverse affects from: 1) traffic, 2) light and noise pollution, 3) over use of water 4) loss of rural atmosphere and 5) increased demands on City services. Eric Greening indicated that overall he supports the project and agrees with the issues raised by Mrs. Shelby. Mr. Greening thanked the applicant for boosting the tree mitigation to comply with the Atascadero Native Tree Ordinance, but asked that the offer of $155,350 be considered a floor and that the 1:1 planting be considered a ceiling because of the existing density of trees in the un- built areas and the development configuration that interrupts the wildlife flow. He feels it would be best to have significant payments into the tree fund for the purpose of habitat protection 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-n�: (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 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 8:00 a.m. to 5:00 p.m., Monday through Friday. Planning Services Manager Steve McHarris provided the staff report and answered questions of the Commission. Commissioner Bentz joined the meeting at 7:25 p.m. John Knight, RRM Design Group, project planner, made a presentation on behalf of the applicant and with Bob Fowler, Vice President R. W. Hertel & Sons, answered questions of the Commission. (Exhibit A) Mr. Knight reviewed three specific areas of concern raised at the last Planning Commission meeting: 1) tree mitigation, 2) second units, and 3) inclusionary housing. PUBLIC COMMENT Debbie Shelby, 13445 San Antonio Road, expressed her opposition to a right turn only designation on San Antonio Road in a prepared statement. (Exhibit B) Tim Haley, 9511 Las Palos, stated his opposition to the project feeling there would be adverse affects from: 1) traffic, 2) light and noise pollution, 3) over use of water 4) loss of rural atmosphere and 5) increased demands on City services. Eric Greening indicated that overall he supports the project and agrees with the issues raised by Mrs. Shelby. Mr. Greening thanked the applicant for boosting the tree mitigation to comply with the Atascadero Native Tree Ordinance, but asked that the offer of $155,350 be considered a floor and that the 1:1 planting be considered a ceiling because of the existing density of trees in the un- built areas and the development configuration that interrupts the wildlife flow. He feels it would be best to have significant payments into the tree fund for the purpose of habitat protection elsewhere through acquisition, easement or enhancement. Regarding traffic mitigations he suggested rewriting mitigation No. 15.1 to simply state, in reference to the Omni -Means traffic study, that the mitigation called for in paragraph 3 of page 21, is changed from a right turn only lane to a traffic signal. Fred Frank, 3615 Ardilla, read from a prepared statement sharing his concerns and suggestions regarding the Blue oak ecosystem found on the site, tree mitigation and open space sites within the project. (Exhibit C) Tina Slater, 14080 San Antonio Road, member of the Santa Margarita Area Advisory Council, requested that the Advisory Council be formally notified when projects come up which abut onto the County area of south Atascadero. Curtis Osrah, 12325 Hampton Court, asked if there would be any widening of Halcon or Santa Barbara Roads, which he feels are currently not wide enough. He indicated the following concerns with the project: 1) traffic flow, 2) safety of children going to school and Paloma Creek Park, 3) will property owners be asked to participate in the "fair share" of the signalization along Santa Barbara Road, and 4) viability of the commercial area of this project as it is quite out of the way. Daphne Fahsing referred to the chimneys incorporated into the housing design and asked why they were included given that fireplaces may be outlawed before long. Regarding the second units, she asked if these units could be sold separately from the main residence and if so how would the property be divided. Jim Patterson, 9312 North Santa Margarita Road, thanked the Planning Commission for sticking to the requirements for inclusionary housing and the applicant for going back and reworking the project to come closer to meeting the inclusionary percentage. He expressed concern with traffic issues and feels people on the perimeter of the City must be engaged in the discussion whenever a project within the City would impact those residents. Eric Greening encouraged the placement of the three-way stop at the entrance to the project. He is concerned with the gravel trucks coming out of Rocky Canyon and feels anything short of a stop sign won't slow them down. Chairperson Fonzi closed the Public Comment period. Chairperson Fonzi asked staff and the applicant to address the questions raised during Public Comment. Commissioner O'Keefe expressed her appreciation of the applicant's compliance with the General Plan and the Tree Ordinance. She asked the applicant if he would be willing to accept as one of the CC&R's that highly flammable trees, i.e. eucalyptus, be restricted. Mr. Fowler indicated that though he does not know the full implications of eliminating an entire plant species from landscaping, he shares Commissioner O'Keefe's concern with fire safety and to the extent that they can limit this type of vegetation they will. Commissioner O'Keefe shared her concerns that the applicant may be unable to find 5 -gallon Blue oaks and asked if he would be willing to have a condition added in the tree mitigation section that he will use local stock, either contracting with a local nursery or do it themselves, to have one -gallon Blue oaks using the local acorns. Mr. Fowler stated that it is their intent to comply with the City's tree mitigation program and to the extent that they are replanting with native species trees, he will consider the suggestion. Commissioner Jones made the following comments: 1. Second units: if the estate lots are expanded to comply with the one -acre minimum, the seven extra units should not be included in the inclusionary housing requirement. He doesn't really see these units as potential rental housing. 2. He would like to see the applicant participate in creating a transit stop. 3. He is having a difficult time with the homeowners association in the estate lot area. He would like to see the applicant work with staff on the private road areas and treat it as a maintenance district. Vice Chairperson Kelley raised the following issues: 1. He would like to see the commercial space restricted to use as an R.V. park or other similar use. 2. He is against the homeowners association. It has been his goal to see that all new roads in town be maintained by the City. 3. The traffic issues in his opinion have been very well addressed. 4. Affordable housing: he is in favor of affordable housing, but feels that this project was started before the requirements were in place. Despite this the applicant has done a good job in modifying the project to meet the City's goals. 5. Second units: they should be counted toward the affordable percentage. 6. He is concerned with the fire hazard that will be created when all the replacement trees canopy out. He would like to see the tree mitigation money used for enhancements to parks while eliminating the fire hazard by not replanting more trees. Commissioner O'Keefe referred to the second units and because they are considered part of the rental housing within the project, she feels they can be part of the inclusionary percentage. She would like to see the 20% figure achieved, but is prepared to let the City Council wrestle with the other 5 percent. Commissioner Porter felt the second units mirror the project as a whole with the wide mix of housing proposed. He can support including the second units as part of the inclusionary percentage and is in favor of the project. Commissioner Bentz stated that this was one of the best plans presented to the City in that it meets specific classes of needs that the community would like to see serviced. Regarding the fire hazard created by the density of the replanted trees, he expects the mitigation maintenance plan for fuel management and fire hazard will address these concerns. He supports the inclusion of the second units in the affordable housing requirement as the State has preempted the City in this. Chairperson Fonzi made the following comments: 1. Second Units: it is appropriate to include these as affordable units. 2. Supports rewording the Negative Declaration to preclude a right turn only designation. 3. Supports removal of the homeowners association. 4. Would like the applicant to cooperate in forming a transit stop. MOTION: By Vice Chairperson Kelley and seconded by Commissioner O'Keefe to adopt Resolution No. PC 2003-0066 recommending that the City Council certify Proposed Mitigated Negative Declaration 2003-0026; and 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 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, 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) with specific recommendations regarding the proposed SFR -3 minimum lot sizes to accommodate second units in the proposed inclusionary housing based on findings and subject to Conditions of Approval and Mitigation Monitoring; and adopt Resolution No. PC 2003-0070 recommending the City Council approve Vesting Tentative Tract Map 2003-027 with specific recommendations regarding the proposed SFR -3 minimum lot size to accommodate second units based on findings and subject to Conditions of Approval and Mitigation Monitoring, and inclusion of the following additions: 1) to update the mitigation monitoring program to remove the right turn lane only on Santa Barbara, 2) all reference to a homeowner's association will be removed from the project, 3) the anticipated secondary homes to be included in the inclusionary housing formula, 4) the applicant will agree to meet the mitigations in reference to the Atascadero Tree Ordinance, and 5) the applicant will participate with staff in establishing a transit stop. AYES: Commissioners Kelley, O'Keefe, Jones, Porter, Bentz and Chairperson Fonzi NOES: None ABSTAIN: None Motion passed 6:0 by a roll -call vote Chairperson Fond recessed the hearing at 9:27p.m. Chairperson Fonzi called the meeting back to order at 9:37 p.m. 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 Permit 2003-0090, Vesting Tentative Parcel Map 2003-0036 for a 4 -unit PD- 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 Planning Services Manager Steve McHarris provided the staff report and answered questions of the Commission. PUBLIC COMMENT Tricia Jorgensen, applicant, gave a brief history of the project, the reasons for the design and layout and answered questions of the Commission. Chairperson Fonzi closed the Public Comment period. MOTION: By Commissioner Jones and seconded by Chairperson Fonzi to adopt Resolution No. PC 2003-0035 recommending that the City Council certify Proposed Mitigated Negative Declaration 2003-0011; and 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 as set forth in the staff recommendations; and, adopt Resolution No. PC 2003-0037 recommending that the City Council approve the Master Plan of Development as set forth based on the findings with the following Parcel C setback exceptions to allow an additional separation of the historic Colony house three foot minimum side yard/garage setbacks, five foot minimum corner yard setback and courtyard to count toward required open space. Additionally to add a fire suppression sprinkler requirement on Parcels A and B on Condition No. 13 subject to Conditions of Approval and Mitigation Monitoring; and 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 as set forth in the staff report. AYES: Commissioners Jones, Bentz, Porter, O'Keefe, Kelley and Chairperson Fonzi NOES: None ABSTAIN: None Motion passed 6:0 by a roll -call vote. 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. Planning Services Manager Steve McHarris provided the staff report and answered questions of the Commission. PUBLIC COMMENT Tricia Jorgensen, applicant, gave a brief history of the project, the reasons for the design and layout and answered questions of the Commission. Chairperson Fonzi closed the Public Comment period. MOTION: By Commissioner Jones and seconded by Chairperson Fonzi to adopt Resolution No. PC 2003-0035 recommending that the City Council certify Proposed Mitigated Negative Declaration 2003-0011; and 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 as set forth in the staff recommendations; and, adopt Resolution No. PC 2003-0037 recommending that the City Council approve the Master Plan of Development as set forth based on the findings with the following Parcel C setback exceptions to allow an additional separation of the historic Colony house three foot minimum side yard/garage setbacks, five foot minimum corner yard setback and courtyard to count toward required open space. Additionally to add a fire suppression sprinkler requirement on Parcels A and B on Condition No. 13 subject to Conditions of Approval and Mitigation Monitoring; and 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 as set forth in the staff report. AYES: Commissioners Jones, Bentz, Porter, O'Keefe, Kelley and Chairperson Fonzi NOES: None ABSTAIN: None Motion passed 6:0 by a roll -call vote. 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 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 Assistant Planner Kelly Davis provided the staff report and answered questions of the Commission. Commissioner O'Keefe stated that she was unable to read the maps for this project, the pictures were too dark, and she was unable to discern where the project site was. She indicated that she was uncomfortable voting for a project when she is unable to see it. PUBLIC COMMENT Jim Tedaro, The Consulting Group, applicant's representative, stated that this would be an unmanned wireless communication facility, after initial construction maintenance will be done once every 30 to 60 days for about an hour, and the facility complies with all federal and state regulations. Mr. Tedaro answered questions of the Commission. Chairman Fonzi closed the Public Comment period. MOTION: By Vice Chairperson Kelley and seconded by Commissioner Bentz to 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. AYES: Commissioners Kelley, Bentz, Jones, Porter and Chairperson Fonzi NOES: Commissioner O'Keefe ABSTAIN: None Motion passed 5:1 by a roll -call vote. COMMISSIONER COMMENTS & REPORTS Commissioner Jones reported that the Atascadero Mutual Water Company would be hosting an hour-long presentation tomorrow night on the Nacimiento Water Project. He encouraged everyone to attend. Vice Chairperson Kelley commended staff for the quality of the programs they have been presenting. Chairperson Fonzi asked about the Calk Mountain Telecommunications site and the silver reflective material being used. Director Frace indicated that the Fire Department had asked the applicant to install the material, which was not part of the original project approval. He assured the Commission that staff is working to bring the site back into conformance including the removal of the reflective material. DIRECTOR'S REPORT Community Development Director Warren Frace referred to the issue of development transfer credits and explained that the City Council was looking at two preliminary proposals that are still in the concept stage. If these projects are submitted as formal applications, anything related to transfer of development credits will have to go through the Planning Commission both for development of the ordinance and sending and receiver sites. Director Frace went over upcoming Commission agendas. ADJOURNMENT Chairperson Fonzi adjourned the meeting at 10:37 p.m. to the next regularly scheduled meeting on September 2, 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 Exhibit B — Vicki Shelby, prepared statement Exhibit C — Fred Frank, prepared statement \\Cityhall\CDvipmnt\— PC Minutes\PC Minutes 03\PC Minutes. 08-19-03.gp.doc ITEM NUMBER: DATE: 9-2-03 Planning Commission Staff Report La Costa Court Planned Development Zone Code Text 2003-0083, Multi -Family Planned Development Zone Change 2002-0027, Master Plan of Development (CUP 2002-0064), Vesting Tentative Tract Map 2002-0018 (1200 La Costa Court/Andy Charnley) SUBJECT: The proposed project consists of a request to establish a Planned Development #20 overlay zone, and place a PD -20 overlay Ane over the subject site with a corresponding master plan of development (CUP) that would allow a 40 -unit multi- family residential development and a 18,730 square foot landscape buffer to be constructed on the 2.9 -acre site. The Vesting Tentative Tract Map would create a 40 -lot subdivision. The project site is located between U.S. Highway 101 and El Camino Real at the westerly terminus of La Costa Court. The project will include 40 lots ranging in size from 1,887 to 2,278 square feet, 40 onsite guest parking spaces, and 19,730 square feet of private open space. The project will demolish one existing single-family residence. RECOMMENDATION: Staff Recommends: 1. Adopt Resolution No. PC 2003-0082 recommending that the City Council certify Proposed Mitigated Negative Declaration 2003-0024; and, 2. Adopt Resolution No. PC 2003-0083 recommending that the City Council introduce an ordinance for first reading to establish Planned Development #20 (Zone Change 2003- 0064) based on findings; and, 3. Adopt Resolution No. PC 2003-0084 recommending that the City Council introduce an ordinance for first reading to approve Zone Change 2002-0027 establishing a PD -2C overlay district based on findings; and, ITEM NUMBER: 3 DATE: 9-2-03 4. Adopt Resolution No. PC 2003-0085 recommending that the City Council approve the Master Plan of Development for PD -20 (CUP 2002-0064) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, 5. Adopt Resolution No. PC 2003-0086 recommending the City Council approve Vesting Tentative Tract Map 2002-0018, 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 n ing Issues 1. Project Definition Andy Charnley, 200 S. Main Street, Templeton, CA 93465 1200 La Costa Court, Atascadero, CA 93422 (San Luis Obispo County) APN 045-358-010. General Plan Designation: HDR (High Density Residential, 16 units/acre) RMF -16 (Residential MultrFamily, 16 units/acre) 2.9 acres Single -Family Residence and Vacant Land Proposed Mitigated Negative Declaration 2003-0024 The proposed project consists of an application for a Planned Development Overlay Zone, Conditional Use Permit, and Tentative Tract Map. The proposed project consists of 40 attached, multi -family residential units with a 60 -foot wide private open space/parking area adjacent to existing La Costa Court residences. The project site is 2.9 -acres and is located between U.S. Highway 101 and El Camino Real on La Costa Court. The project will include 40 lots ranging in size from 1,887 to 2,278 square feet, 40 on-site guest parking spaces, and 19,730 square feet of private open space. There are no native trees on-site. ITEM NUMBER: DATE: 9-2-03 Each home will have a one car attached garage, one uncovered spaces provided in the driveway, and one al uncovered space on site that would serve both resident and guest parking. Each unit will provide a minimum 38.5% parcel landscaping and building footprints of less than 48.2% of the parcel area. A Master Plan of Development will include all site development and architectural design standards for the project. The Master Plan of Development will be approved in the form of a Conditional Use Permit as required by the Zoning Ordinance. The Planning Commission can make any future amendments to the Master Plan of Development in the future, independent of Council action. Project Summary Table Area Infornration for Tract Map 244& -La Costa Ct. Total 77,963 38,991 36,400 31,563 10,000 Average 46.8% Average 40.4% RoadsBPark'g 27,987 Open Space 19,730 Site Sum 125,680 Legend Note: FP = Footprint All figures given in sgaure feet (s.f.) LS = Landscape All figures rounded to the nearest s.f. Flatwork=Driveways, Porches, Patios Color -coded by design type. Actual % of Max. Design FP to Req. Actual % of LS Flat- Elev. Lot Sq Ft. Storeys Allow FP FP Site LS LS to Site work Type Lot 1 1933 Two 967 910 47.1% 773 773 40.0% 250 A Lot 2 1887 Two 944 910 48.2% 755 727 38.5% 250 A Lot 3 1892 Two 946 910 48.1% 757 732 38.7% 250 B Lot 4 1898 Two 949 910 47.9% 759 738 38.9% 250 B Lot 5 1907 Two 954 910 47.7% 763 747 39.2% 250 C Lot 6 1907 Two 954 910 47.7% 763 747 39.2% 250 C Lot 7 1912 Two 956 910 47.6% 765 752 39.3% 250 D Lot 8 1915 Two 958 910 47.5% 766 755 39.4% 250 D Lot 9 1917 Two 959 910 47.5% 767 757 39.5% 250 A Lot 10 1919 Two 960 910 47.4% 768 759 39.6% 250 A Lot 11 1923 Two 971 910 47.3% 769 763 39.7% 250 B Lot 12 2273 Two 1137 910 40.0% 909 1113 49.0% 250 B Lot 13 1949 Two 975 910 46.7% 780 789 40.5% 250 C Lot 14 1944 Two 972 910 46.8% 778 784 40.3% 250 C Lot 15 1939 Two 970 910 46.9% 776 779 40.2% 250 D Lot 16 1934 Two 967 910 47.1 % 774 774 40.0% 250 D Lot 17 1929 Two 965 910 47.2% 772 769 39.9% 250 A Lot 18 1926 Two 963 910 47.2% 770 766 39.8% 250 A Lot 19 1925 Two 963 910 47.3% 770 765 39.7% 250 B Lot 20 1923 Two 962 910 47.3% 769 763 39.7% 250 B Lot 21 1936 Two 968 910 47.0% 774 776 40.1% 250 C Lot 22 1936 Two 968 910 47.0% 774 776 40.1% 250 C Lot 23 1936 Two 968 910 47.0% 774 776 40.1% 250 D Lot 24 1936 Two 968 910 47.0% 774 776 40.1% 250 D Lot 25 1936 Two 968 910 47.0% 774 776 40.1% 250 A Lot 26 1936 Two 968 910 47.0% 774 776 40.1% 250 A Lot 27 1936 Two 968 910 47.0% 774 776 40.1% 250 B Lot 28 1926 Two 963 910 47.2% 770 766 39.8% 250 B Lot 29 2067 Two 1034 910 44.0% 827 907 43.9% 260 C Lot 30 2027 Two 1014 910 44.9% 811 867 42.8% 250 C Lot 31 1929 Two 965 910 47.2% 772 769 39.9% 250 D Lot 32 1929 Two 965 910 47.2% 772 769 39.9% 250 D Lot 33 1929 Two 965 910 47.2% 772 769 39.9% 250 A Lot 34 1929 Two 965 910 47.2% 772 769 39.9% 250 A Lot 35 1929 Two 965 910 47.2% 772 769 39.9% 250 B Lot 36 1929 Two 965 910 47.2% 772 769 39.9% 250 B Lot 37 1929 Two 965 910 47.2% 772 769 39.9% 250 C Lot 38 1929 Two 965 910 47.2% 772 769 39.9% 250 C Lot 39 1929 Two 965 910 47.2% 772 769 39.9% 250 D Lot 40 2278 Two 1139 910 39.9% 911 1118 49.1% 250 D Total 77,963 38,991 36,400 31,563 10,000 Average 46.8% Average 40.4% RoadsBPark'g 27,987 Open Space 19,730 Site Sum 125,680 Legend Note: FP = Footprint All figures given in sgaure feet (s.f.) LS = Landscape All figures rounded to the nearest s.f. Flatwork=Driveways, Porches, Patios Color -coded by design type. ITEM NUMBER: DATE: 9-2-03 2. Background Surrounding Land Use and Setting: Easterly view from project site of La Costa Court PD -7 neighborhood (9 single family homes). North: Residential, South: Residential East: Residential Planned Development (La Costa Court single-family homes) West: Residential, U.S. Hwy 101 The proposed project is located at the terminus of existing La Costa Court. La Costa Court is partially developed with 9 existing single-family homes approved as a Planned Development. La Costa Court terminates into an unfinished cul-de-sac which fronts the 2.9 acre project site. The General Plan and Zoning Ordinance identifies the project site and surrounding properties as High -Density Residential/Residential MultrFamily (16 units/acre). Project Site Land Use The General Plan allows establishment of a Planned Development (PD) Overlay on the project site, consistent with City site development standards and appearance review, as analyzed within this report. This PD will be identified as PD -20. The subdivision of residential lots with the multi family land use designations less than district minimum requires a Planned Development Overlay Zone that will be implemented through the proposed Master Plan of Development (Condition Use Permit application). The PD -20 requires a Master Plan of Development that incorporates site development standards and appearance review including architecture and landscaping. Per the zoning ordinance, the Master Plan of Development is processed as a Conditional Use Permit. ITEM NUMBER: 3 DATE: 9-2-03 Existing La Costa Court Resident Concerns Staff has met with several of the La Costa Court neighbors regarding various development concerns. Some neighbors have indicated that they would like to have the project site developed with single-family detached homes and not high-density housing or apartments that might create parking, circulation, or night lighting problems and adversely impact neighborhood property values. The applicant is responding to these concerns by proposing an ownership residential product at a density that could fit into the neighborhood while providing work force housing that is in high demand within the City of Atascadero and would not negatively impact surrounding property values. Several compatible neighborhood design features are included in the project as analyzed within this report. 3. Design and Appearance Architecture, Materials, Color The applicant has worked with staff in designing the town 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 two story town homes that incorporate a more traditional architectural theme and use of color and materials to blend with the existing neighborhood along La Costa Court. Although each town home shares a similar interior floor plans, a selection of 4 different building elevations with different color and material palettes are proposed to alternate throughout the site. A variety of architectural features will be incorporated into the different town house designs, including: Covered porches with solid wood doors, planter ledges, window trellis, stone veneer base, plaster and clapboard siding, recessed windows, architectural banding, and architecturalgrade composition roofing materials. Four color schemes are proposed to alternate throughout the town house project. All trash storage, recycle storage, and air conditioning units will be screened from view behind fenced or landscaped enclosures. Additional conditions have been included that will require the garage doors be architectural grade and either match the wood entry doors or be painted to match the selected body color (Condition 6). Refer to elevations on the next page. ,•-W-O. Front & Rear Elevations of Each Residence PLASTER EXTERIOR WALLS 12 n e� COVERED PORCH--' PLANTERS LEDG FRONT ELEVATION A FRONT ELEVATION B ,-V-O. ----TREFIIS—Qo REAR PATIO REAR ELEVATION D ,8._,,-0. DECORATIVE CHIMNEY CAP COMP SHINGLE ROOF—� �S'RDWD. FENCE TfP. REAR ELEVATION C ""-V-0, ITEM NUMBER: 3 DATE: 9-2-03 DECORATIVE CHIMNEY CAP COMP SHINGLE ROOF 6' RDWD. FENCE TYP.� FRONT ELEVATION C W -V-W PLASTER EXTERIOR WALLS 2 S — — — — ---BAY WINDOW REAR ELEVATION B LS" =T-0' ARCHED WINDOW ® _ENTRY --- FRONT ELEVATION D �: REAR ELEVATION A ve._,.-0. The applicant has included a color and material sample elevations illustrating color and material schemes. As the colors and materials are conceptual, a condition has been included that staff review and approve final selections for neighborhood quality and compatibility (Condition 15). Refer to Exhibit G for details. Proposed Landscape Buffer Incorporated in this project is a proposed open space landscape buffer to the existing La Costa Court single-family neighborhood. The proposed open space includes a shallow landscaped drainage detention basin, lawn area, picnic tables and barbeque amenities. Landscape Design The preliminary landscape plan has been designed for compatibility with the surrounding neighborhood, compatible with the existing neighborhood setting. The plans identify landscaping thoughout the site with the exception of rear yards. Streetscapes include shade trees and sidewalk along the proposed loop driveway and entries and shade trees within the open space areas. Informal landscaping will also be provided along the U.S. Highway ITEM NUMBER: 3 DATE: 9-2-03 frontage in coordination with Caltrans (Condition 9). The proposed landscape plan and palette as conditioned meets the Planned Development appearance review requirements. All front yards, street trees, open space areas, and Caltrans buffer shall be landscaped by the developer and maintained by the home owners association (Condition 9, 10). Back yards will be landscaped and maintained by the individual property owners. Due to the on-site topography, the use of retaining walls is required. A condition of approval has been included to design such walls to match or compliment the texture and color of the existing or proposed landscape (Condition 13). PLANTING LEGEND ANDSCAPE PLAN � r, .:ilk l� J.. Jim_ ���• b �� 1 N 1 ' iFE ins P, pavmm dol Al r-iffiwm I EVEN � ';ii s LA i�+y,�....��! r i �1s1i � w �+ ■ �6iiU ! r. fr. iii �• _ � li�l 'r.I �,d �/�l%/�/�//���dr■s�orrer������r�ai��r�a►���uw��c�ra����„ V� iii `� ��� ;r�■ ��� ji�'!'�,�'�y,,,,.��,�� 17l. •e., �e-�� �r�a�_� io►e i,'' i U •i� p�� •'� u�i .` il(I -9 JUN PLANTING LEGEND ANDSCAPE PLAN ITEM NUMBER: DATE: 9-2-03 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 the La Costa Court cul-de-sac. As a residential planned development, the on-site streets include special entry features with accent pavers at the drainage entrances and parking areas (Condition 11). SITE PLAN Each residential lot contains 2 parking spaces with additional onsite parking opportunities equivalent to one space per unit provided at the east and west end of the site. Each unit is proposed to not exceed 3 bedrooms. Thus, the code required parking requirement is 100 units plus 8 guest spaces. The proposed 120 spaces exceeds the parking code requirements. Parking and street lighting is not proposed (Condition 12). In addition, the applicant proposes that resident and guest parking enforcement be incorporated into the CC&R's and enforced by the home owners association (Condition TTM 5, 48). ITEM NUMBER: 3 DATE: 9-2-03 Site Drainage The project site is not dentiiied as a flood hazard on the FEMA maps. The site slopes moderately to the east towards existing La Costa Court. Drainage has been designed to flow through the site into an engineered drainage detention basin which outfalls into a surface drainage easement along the southerly edge of existing La Costa Court properties. Wastewater Sanitary sewer will be connected to the El Camino Real sewer mainline via a proposed connection within La Costa Court. 4. Proposed Planned Development 20 The proposed Planned Development is consistent with General Plan HDR land use designation allowing the creation of a planned development project with a clustering of 40 units on the 2.9 -acre project site, and Zoning Ordinance Article 28 allowing Planned Development Overlay zones to be established to promote orderly and harmonious development and to enhance the opportunity to best utilize special site characteristics. Based on the ordinance and proposed plans, staff has prepared the following proposed standards for Planned Development 20. Adoption of the new overlay is required for the project to proceed. The Commission could make recommendations to the Council to modify the proposed PD -20 text. 9-3.662 Establishment of Planned Development Overlay Zone No. 20: (PD20). A Planned Development Overlay Zone No. 20 may be established in the RMF -16 multi -family residential zones on parcels APN 045-358-10 with a combined gross acreage of 2.9 acres. The maximum density within the planned development shall not exceed a gross density of 40 units on the 2.9 -acre project site. The following development standards shall be applied to the Planned Development Zone No. 20: (a) The Master Plan of Development (CUP 2002-0064) for the site shall be approved. All construction and development shall conform to the approved Master Plan of Development, as conditioned. (b) No subsequent tentative parcel or tract map shall be approved unless found to be consistent with the approved Master Plan of Development. (c) Each dwelling unit, landscaping, walls and fencing shall be subject to review under the City's Appearance Review requirements consistent with the approved Master Plan of Development. (d) Building setbacks, lot sizes, landscape area, and lot coverage shall be as identified within the approved Master Plan of Development: ITEM NUMBER: 3 DATE: 9-2-03 (e) All mechanical equipment, including HVAC units and utility meters, shall be screened from view from adjacent streets and properties. (f) Parking for one -resident vehicle shall be provided in a garage with minimum interior dimensions of twelve (12) feet by twenty (22) feet. A minimum of one guest parking space of at least nine (9) feet by twenty (20) feet shall be provided on site for each unit within the driveway area may be used to satisfy the guest -parking requirement. Gross total project parking shall be 3 spaces per unit. Driveway widths may be tapered to less than 18 feet to accommodate street tree planting. A minimum of one guest parking space of at least nine (9) feet by twenty (18) feet shall be provided on site for each unit. On -street parking shall not be used to satisfy the parking requirements. (g) All front yards, street facing side yards, project perimeter, parking and common areas shall be landscaped. (h) Individual trash collection shall be used for each residential unit. Provisions shall be made for storage of trashcans within the garage or fenced area. (i) All utilities, including electric, telephone and cable, along the frontage of and within the PD shall be installed underground. Q) Alterations or additions to established dwelling units shall be subject to the density standards of the underlying zone and shall be reviewed pursuant to the City's Appearance Review Guidelines. If the above Planned Development standards are adopted, the project as conditioned would be consistent with those standards. The proposed project consists of 40 new -attached multi- family units on individual lots with minimum net lot sizes ranging from 1,887 to 2,278 square feet. The project includes 4 separate exterior elevations. All of the units have no more than 3 bedrooms with living areas of 1,300 square feet. All of the units have a minimum one car -attached garage. The PD -20 documents the proposed lot sizes, lot coverage, landscape area, setbacks, and building footprints for each parcel. The Master Plan of Development will cover all site development, landscaping and architectural design standards for the project. The Master Plan of Development will be approved in the form of a Conditional Use Permit as required by the Zoning Ordinance. As conditioned, changes to the Master Plan of Development can be made by the Planning Commission in the future without Council action. 5. 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 ITEM NUMBER DATE: 9-2-03 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: 0 20% Very Low Income 0 37% Low Income 0 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. 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 ITEM NUMBER: 3 DATE: 9-2-03 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 City Council's recent interim inclusionary housing policy, the applicant is proposing a combination of on-site construction and in -lieu fee contribution based upon the entire 40 -units to meet the Council guidelines. The proposal includes 3 moderate income units and $75,000 in lieu fees (Condition 16, TTM 9). Estimate Staff Analysis: The applicant has discussed possible inclusionary housing alternatives with staff and has requested that their proposal be presented at the Planning Commission public hearing. Staff has included the following table identifying an example comparison table identifying the applicant's in lieu fee proposal as compared to the City's inclusionary policy. If the applicant's request is not acceptable or is modified by the Planning Commission, Condition 16, TTM 9 shall require revision. La Costa Court Affordable Housing Plan Estimated Inclusionary Housing Council Policy Proposed Difference In -Lieu Fee MFR Units 40 units 20% Affordable 8 units Valuation $ 120,000.00 Affordable Distribution 20% Very Low 2.0 units 0 units -2 units -100% 37% Low 3.0 units 0 units -3 units -100% 43% Moderate 3.0 units 3 units 0 units 0% 8.0 units 3 units -5 units -63% $ 75,000.00 $2,027 / MFR unit Staff Recommendation: 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 the residential units be made available to the local population and workforce as follows (Condition 17, TTM 10): Prior to recordation of final map, the applicant shall enter into a legal agreement with the City to reserve % 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. ITEM NUMBER: 3 DATE: 9-2-03 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 idents which units will be reserved. e) The City Attorney shall approve the final form of the agreement. 6. Project Benefits One of the required findings for approval of a planned development rezone is that the project must "offer certain redeeming features to compensate for the requested modification." The project will have a number of "redeeming features" which include the following: 1) designation and improvement of 18,730 square feet of proposed open space and passive landscape recreation and buffer area; 2) sensitive site design of new homes and placement in relation to existing La Costa Court residents; 3) each unit will have a private yard area that will allow for outdoor recreational opportunities, 4) as conditioned, architectural and landscape features of the project have been designed to enhance the project's appearance and benefit the surrounding neighborhood; 5) the project entries and parking spaces will incorporate special paving treatment and landscape features, and 6) the project will provide in lieu fees and 3 affordable units at the moderate income level. 7. Vesting Tentative Tract Map A 40 -lot tract map is proposed as part of the project consistent with the Master Plan of Development. The tract map has been conditioned by staff and the City Engineer to meet all City standards including street frontage improvements. The applicant will be required to record CC&R's for the map that will include maintenance and access of common areas (Condition 51). 8. Master Plan of Development (Conditional Use Permit) As previously mentioned, a Master Plan of Development is required for the Planned Development, to be approved through the Conditional Use Permit process. The Conditional Use Permit process provides the opportunity for the public and the Planning Commission to review the specifics of land use proposals, such as architectural design, site design, landscape, signage, and specific standards of the zoning ordinance. The Planning Commission must make the following five findings to approve a Conditional Use Permit: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual. Staff Comment: The use is consistent with the High Density MultrFamily Residential designation of the Plan and General Plan Land Use Element Policy 1. 1, 1.4, 2.1, 2.3, and Housing Element Policy 1.2, and 2.2. ITEM NUMBER: 3 DATE: 9-2-03 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) including the Planned Development Ordinance. Staff Comment: As conditioned, the project satisfies all Planned Development zoning code provisions. 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use. Staff Comment: The proposed residential project will not be detrimental to the general public or working persons health, safety, or welfare. 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development. Staff Comment: The project has been designed to be consistent with the existing neighborhood character through a 60 -foot building setback from existing La Costa Cotrt residences that will be landscaped and maintained by the project home owner's association, placing much of the guest parking at the rear of the site, providing a narrow loop driveway with special entry paving to reduce vehicle speeds, and designing town homes with a variety of colors, materials and architectural features that will appear similar to single-family detached homes. 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 40 residential lots clustered on the 2.9 -acre project site with the 19,730 square foot open space and landscape buffer is consistent with the General Plan. Based on staff's analysis in the preceding sections, it appears that all of the required findings for approval of a Master Plan of Development (Conditional Use Permit) can be made. 9. General Plan Consistency The proposed project is consistent with the following General Plan Land Use and Housing Element Policies: ITEM NUMBER: 3 DATE: 9-2-03 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 1.4: "Ensure that "darkness" remain a rural characteristic by requiring that all exterior lighting does not result in significant off-site spillage or glare ". Land Use Policy 2.1: "Ensure that new development is compatible with existing and surrounding neighborhoods ". Land Use Policy 2.3: "Incorporate pedestrian and transit oriented design concepts into new residential and commercial development within the Urban Core. " Housing Element Policy 1.2: "Encourage a variety of high quality developments with detached units ion individual lots or airspace condominiums on commonly owned lots. " Housing Element Policy 2.2: "Promote and encourage availability of new housing units to first time homebuyers. " Implementing General Plan programs require appearance review of architectural design, materials, street trees, and landscaping to retain the neighborhood atmosphere and protect the environment, and incorporate architectural themes into the site and building design. As analyzed above, the proposed project, as conditioned is consistent with the General Plan. In staff's opinion the project is consistent with the goals and policies of the Land Use Element and the Housing Element, with sensitive site design at the La Costa Court terminus, payment of in -lieu fees for the entire 40 -unit project, and the proposed site plan and landscaping. The project will provide 40 town homes that fulfill an important housing need within the community. As conditioned, the project incorporates site plan, open space and landscape elements that are consistent with the scale and character cf the surrounding neighborhood, and the General Plan's appearance review requirement. 10. Findings As specified in the City's General Plan and Zoning Ordinance, the following specific findings for the proposed Zone Change, and Master Plan of Development shall be made in order to approve the proposed project: ITEM NUMBER: 3 DATE: 9-2-03 A. PD -19 Zone Text Findings Modification of development standards or processing requirements is warranted to promote orderly and harmonious development. 2. Modification of development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area. 3. Benefits derived from the overlay zone cannot be reasonably achieved through existing development standards or processing requirements. B. Zone Change Findings 1. The proposed zone change is in conformance with the adopted General Plan Goals, Policies, and Programs and the overall intent of the General Plan. 2. The proposed zone change is compatible with existing development, neighborhoods and the environment. 3. The proposed zone change will not create any new significant and unavoidable impacts to traffic, infrastructure, or public service impacts. 4. The proposed zone change is consistent with the project -specific Mitigated Negative Declaration. C. Master Plan of Development (Conditional Use Permit) 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual. 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) including the proposed PD -19 Ordinance. 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use. 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development. S. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. In staff's opinion, developing the property with a multi family townhouse subdivision with a landscape buffer area is consistent with the General Plan and compatible with the surrounding residential neighborhood. In addition, the project is consistent with the goals and policies of the Land Use Element, Housing Element and adopted EIR and mitigation- ITEM NUMBER: 3 DATE: 9-2-03 monitoring program. The project incorporates appearance review of architectural design, materials, street trees, and landscaping to retain the residential atmosphere. The project incorporates architectural themes into the site and building design, as conditioned. The 60 - foot wide informal landscape design between the proposed units and the existing La Costa neighborhood, and landscaped entries with special paving, into the project site provide appropriate aesthetic residential buffers and completion of the existing La Costa Court terminus. As analyzed within the project Initial Study and Draft Mitigated Negative Declaration, the proposed residential use would have no significant environmental impacts and will not be detrimental to the general public or working persons health, safety, or welfare. Based on staff's analysis in the preceding sections, it appears that all of the required findings for project approval can be made. 12. Common On -Site Facility Maintenance The project has common on-site facilities that serve all the residences. According to the applicant, a Homeowners Association will be established for the maintenance of on-site shared improvements. This includes roads, sidewalks, street trees, streetlights, drainage facilities, private open space and common landscaping. The project interior streets include curb, gutters, common landscaping, front yard landscaping, walkways and guest parking. The HOA or other maintenance mechanism will be required to be in place prior to final inspection on the improvements (Condition 18, TTM 5, TTM 48). 13. Proposed Environmental Determination Staff has prepared an Environmental Impact Assessment in the form of a Draft Mitigated Negative Declaration. The document was circulated to the State Clearinghouse, public agencies and interested members of the public on June 30, 2003. The environmental documentation provided by the applicant and analyzed by staff has been incorporated into the environmental documentation. The environmental analysis identified concerns regarding potential impacts to aesthetics, air quality, cultural resources, geology & soils, hydrology & water quality, land use and planning, noise, and utility systems. Mitigation measures pertaining to these resources are included. A finding is proposed that this project would not have a significant effect on the environment based upon the implementation of the identified mitigation measures. ITEM NUMBER: 3 DATE: 9-2-03 The proposed project represents a consistent General Plan density (maximum 40 units/2.9 acres), requiring a Planned Development with benefits, as proposed. The applicant has incorporated mitigation into the proposed project design and concurs with all mitigation measures contained within the project initial study and this staff report. As a result, a Mitigated Negative Declaration has been prepared. It is the opinion of staff that combination of design features incorporated into the proposed project, mitigation measures, and conditions of approval will reduce any potential environmental impacts to a level of insignificance. Staff is recommending the Commission recommend that the City Council certify Proposed Mitigated Negative Declaration 2003-0024. 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 1. The Commission may recommend modifications to the project and/or conditions of approval for the project to the City council. 2. The Commission may determine that more information is needed on some aspect of the project and may refer the item back to the applicant and staff to develop the additional information. The Commission should clearly state the type of information that is required and move to continue the item to a future date. 3. The Commission may recommend the City Council deny the project. The parcel would retain its designation of High -Density Residential. 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 ITEM NUMBER: 3 DATE: 9-2-03 ATTACHMENTS: Attachment 1: Location Map, Zoning and General Plan Attachment 2: Draft Resolution of Approval Proposed Mitigated Negative Declaration Attachment 3: Draft Resolution PC 2003-0083 Draft Resolution of Approval of Proposed PD -20 Overlay - Zone Text Change Attachment 4: Draft Resolution of Approval Proposed Zoning Map Change Attachment 5: Draft Resolution of Approval Proposed Master Plan of Development Attachment 6: Draft Resolution of Approval Proposed Vesting Tentative Tract Map Attachment 1: Location Map, General Plan and Zoning Project \ RMF -16 Site U.S. 101 ITEM NUMBER: 3 DATE: q -22-n 6 \ // P I La Costa Court I EI Camino Real Viejo Camino San Diego Way Planning Commission Resolution 2003-0082 September 2, 2003 Page 1 of 3 ATTACHMENT 2: Draft Resolution PC 2003-0082 PD -20: ZCH 2003-0083/ZCH2O02-0040/Master Plan of Development (CUP 2002-0064)/TTM 2002-0018 Approval of Draft Mitigated Negative Declaration DRAFT RESOLUTION PC 2003-0082 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO RECOMMENDING THAT THE CITY COUNCIL CERTIFY PROPOSED MITIGATED NEGATIVE DECLARATION 2003-0024 PREPARED FOR ZONE CHANGE 2003-0082, ZCH 2002-0040, CONDITIONAL USE PERMIT 2002-0064 AND TENTATIVE TRACT MAP 2002-0018 APN 045-358-010 (1200 La Costa Court / Andy Charnley) WHEREAS, an application has been received from Andy Charnley (200 S. Main Street, Templeton, CA 93465) Applicant and Property Owner to consider a project consisting of a zone change from RMF -16 (Residential Multi -Family) to RMF/PD-20 (Residential Multi -Family with Planned Development Overlay #20) on a 2.9 -acre site located at 1200 La Costa Court (APN 045-358-010); and WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2003- 0024 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, September 2, 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 2003-0024 based on the following Findings as shown on Exhibit A: The Proposed Mitigated Negative Declaration has been completed in compliance with CEQA; and, 2. The Proposed Mitigated Negative Declaration was presented to the Planning Commission, and the information contained therein was considered by the Planning Commission, prior to recommending action on the project for which it was prepared; and, The project does not have the potential to degrade the environment when mitigation measures are incorporated into the project. Planning Commission Resolution 2003-0082 September 2, 2003 Page 2 of 3 4. The project will not achieve short-term to the disadvantage of long-term environmental goals. 5. The project does not have impacts which are individually limited, but cumulatively considerable. 6. The project will not cause substantial adverse effects on human beings either directly or indirectly. BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ADOPTED: CITY OF ATASCADERO, CA Roberta Fonzi Chairperson Attest: Warren M. Frace Planning Commission Secretary Planning Commission Resolution 2003-0082 September 2, 2003 Page 3 of 3 Exhibit A Proposed Mitigated Negative Declaration 2003-0024 Planning Commission Resolution 2003-0083 September 2, 2003 Pagel of 4 ATTACHMENT 3: Draft Resolution PC 2003-0083 ZCH 2003-0083 Approval of Proposed PD -20 Overlay - Zone Text Change DRAFT RESOLUTION PC 2003-0083 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO RECOMMENDING THAT THE CITY COUNCIL AMENDING THE ZONING CODE TEXT TO CREATE PLANNED DEVELOPMENT OVERLAY DISTRICT 20 FOR USE IN THE RMF -16 ZONING DISTRICT FOR PARCEL APN 045-358-10 (1200 La Costa Court / Andy Charnley) WHEREAS, an application has been received from Andy Charnley (200 S. Main Street, Templeton, CA 93465) Applicant and Property Owner to consider a project consisting of a zone change from RMF -16 (Residential MultrFamily) to RMF/PD-20 (Residential MultiFamily with Planned Development Overlay #20) on a 2.9 -acre site located at 1200 La Costa Court (APN 045-358-010); and WHEREAS, the site's General Plan Designation is HDR (High -Density Residential); and, WHEREAS, the site's current zoning district is RMF -16 (Residential Multi -Family, 16 units/acre); and, WHEREAS, General Plan HDR land use designation allows for the creation of multifamily planned development projects with a maximum density of 16 units per acre and Zoning Ordinance Article 28 allows Planned Development Overlay zones to be established to promote orderly and harmonious development and to enhance the opportunity to best utilize special site characteristics; and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2003-0024 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact this amendment to the Zoning Map to protect the health, safety and welfare of its citizens by applying orderly development and expanding housing opportunities within the City; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, Planning Commission Resolution 2003-0083 September 2, 2003 Page 2 of 4 WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Change application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said zoning amendments; and, WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing held on September 2, 2003, studied and considered Zone Change 2003-0064, after first studying and considering the Draft Mitigated Negative Declaration prepared for the project, and, NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Findings for Approval of a Zone Change Creating a PD -20 Planned Development Overlay District. The Planning Commission finds as follows: Modification of development standards or processing requirements is warranted to promote orderly and harmonious development. 2. Modification of development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area. 3. Benefits derived from the overlay zone cannot be reasonably achieved through existing development standards or processing requirements. SECTION 2. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on September 2, 2003 resolved to recommend that the City Council introduce for first reading an ordinance that would amend the City Zoning ordinance with the following: 9-3.662 Establishment of Planned Development Overlay Zone No. 20: (PD20). A Planned Development Overlay Zone No. 20 may be established in the RMF -16 multi -family residential zones on parcels APN 045-358-10 with a combined gross acreage of 2.9 acres. The maximum density within the planned development shall not exceed a gross density of 40 units on the 2.9 -acre project site. The following development standards shall be applied to the Planned Development Zone No. 20: (a) The Master Plan of Development (CUP 2002-0064) for the site shall be approved. All construction and development shall conform to the approved Master Plan of Development, as conditioned. (b) No subsequent tentative parcel or tract map shall be approved unless found to be consistent with the approved Master Plan of Development. (c) Each dwelling unit, landscaping, walls and fencing shall be subject to review under the City's Appearance Review requirements consistent with the approved Master Plan of Development.. Planning Commission Resolution 2003-0083 September 2, 2003 Page 3 of 4 (d) Building setbacks, lot sizes, landscape area, and lot coverage shall be as identified within the approved Master Plan of Development: (e) All mechanical equipment, including HVAC units and utility meters, shall be screened from view from adjacent streets and properties. (f) Parking for one -resident vehicle shall be provided in a garage with minimum interior dimensions of twelve (12) feet by twenty (22) feet. A minimum of one guest parking space of at least nine (9) feet by twenty (20) feet shall be provided on site for each unit within the driveway area may be used to satisfy the guest -parking requirement. Gross total project parking shall be 3 spaces per unit. Driveway widths may be tapered to less than 18 feet to accommodate street tree planting. A minimum of one guest parking space of at least nine (9) feet by twenty (18) feet shall be provided on site for each unit. On -street parking shall not be used to satisfy the parking requirements. (g) All front yards, street facing side yards, project perimeter, parking and common areas shall be landscaped. (h) Individual trash collection shall be used for each residential unit. Provisions shall be made for storage of trashcans within the garage or fenced area. (i) All utilities, including electric, telephone and cable, along the frontage of and within the PD shall be installed underground. Q) Alterations or additions to established dwelling units shall be subject to the density standards of the underlying zone and shall be reviewed pursuant to the City's Appearance Review Guidelines. Planning Commission Resolution 2003-0083 September 2, 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 2003-0084 September 2, 2003 Page 2 of 4 ATTACHMENT 4: Draft Resolution PC 2003-0062 PD -7 Master Plan of Development (CUP 2002-0064)/ZCH2O02-0027 Approval of Proposed Zoning Map Change DRAFT RESOLUTION PC 2003-0084 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO RECOMMENDING THAT THE CITY COUNCIL APPROVE ZONE CHANGE 2002-0035, AMENDING THE OFFICIAL ZONING MAP DESIGNATION OF APN 045-358-010 FROM RMF -16 to RMF-16/PD-20 (1200 La Costa Court / Andy Charnley) WHEREAS, an application has been received from Andy Charnley (200 S. Main Street, Templeton, CA 93465) Applicant and Property Owner to consider a project consisting of a zone change from RMF -16 (Residential Multi -Family) to RMF/PD-20 (Residential Multi- Family with Planned Development Overlay #20) on a 2.9 -acre site located at 1200 La Costa Court (APN 045-358-010); and WHEREAS, the site's General Plan Designation is HDR (High -Density Residential); and, WHEREAS, the site's current zoning district is RMF -16 (Residential Multi- Fam 1 ly, 16 units/acre); 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, September 2, 2003, studied and considered Zone Change 2002-0027, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and, Planning Commission Resolution 2003-0084 September 2, 2003 Page 3 of 4 NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Findings for Approval of a Zone Change to the Official Zoning Map of Atascadero Creating a PD -20 Planned Development Overlay District. The Planning Commission finds as follows: 1. Modification of development standards or processing requirements is warranted to promote orderly and harmonious development. 2. Modification of development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area. Benefits derived from the overlay zone cannot be reasonably achieved through existing development standards or processing requirements. 4. Proposed plans offer certain redeeming features to compensate for the requested modification. SECTION 2. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on September 2, 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 2003-0084 September 2, 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 2003-0084 September 2, 2003 Page 5 of 4 Exhibit A: Zone Change Map 2002-0027 RMF -16 P 16 RMF -16 RMF -16 La Costa Court RMF -16 it El Camino Real Viejo Camino CN San Diego Way Planning Commission Resolution 2003-0085 September 2, 2003 Pagel of 43 ATTACHMENT 5: Draft Resolution PC 2003-0085 PD -7 Master Plan of Development (CUP 2002-0064)/ZCH2O02-0027 Approval of Proposed Master Plan of Development DRAFT RESOLUTION PC 2003-0085 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO RECOMMENDING THAT THE CITY COUNCIL APPROVE A MASTER PLAN OF DEVELOPMENT (CONDITIONAL USE PERMIT 2002-0064) FOR A PD -20 OVERLAY ZONE OF APN 049-191-002, 026, 027, 028, 030 (1200 La Costa Court / Andy Charnley) WHEREAS, an application has been received from Andy Charnley (200 S. Main Street, Templeton, CA 93465) Applicant and Property Owner to consider a project consisting of a zone change from RMF -16 (Residential Mult�Family) to RMF/PD-20 (Residential Multi Family with Planned Development Overlay #20) on a 2.9 -acre site located at 1200 La Costa Court (APN 045-358-010); and WHEREAS, the site's General Plan Designation is HDR (High -Density Residential); and, WHEREAS, the site's current zoning district is RMF -16 (Residential Mult�Family, 16 units/acre); and, WHEREAS, the Planning Commission has recommended that a site be rezoned to include a PD -20 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, September 2, 2003, studied and considered the Master Plan of Development (CUP 2002-0064), after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and Planning Commission Resolution 2003-0085 September 2, 2003 Page 2 of 43 NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Findings for Approval of Master Plan of Development. The Planning Commission finds as follows: 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 -20 Ordinance; and, 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 September 2, 2003, resolved to recommend that the City Council approval of the Master Plan of Development (CUP 2002- 0064) subject to the following: EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program 2. EXHIBIT B: Master Plan of Development Site & Landscape Plan 3. EXHIBIT C: Statistical Summary of Project 4. EXHIBIT D: Site Section 5. EXHIBIT E: Materials & Colors 6. EXHIBIT F: Architectural Elevations and Floor Plans: Plan A, B, C, D 7. EXHIBIT G: Exterior Color & Materials: Plan A, B, C, D Planning Commission Resolution 2003-0085 September 2, 2003 Page 3 of 43 BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. AYES: NOES: ABSENT: ABSTAIN: ADOPTED: CITY OF ATASCADERO, CA Roberta Fonzi Chairperson Attest: Warren M. Frace Planning Commission Secretary Planning Commission Resolution 2003-0085 September 2, 2003 Page 4 of 43 EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program PD -20 Master Plan of Development (CUP 2002-0064)/ZCH 2003-0064/ZCH2O02-0027 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services La Costa Court GP: Grading Permit FD: Fire Department PD -20 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2002-0064/ZCH 2003-0064/ZCH 2002.0027 TO: Temporary Occupancy F0: Final Occupancy WW: Wastewater CA: City Attorney Planning Services 1. The approval of this zone change and use permit shall FM PS become final and effective following City Council approval. 2. Approval of this Master Plan of Development shall be valid FM PS concurrently with the life of Tentative Tract Map 2002- 0018 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 consiste nt with the Master Plan of Development. 3. Changes to the Master Plan of Development shall be On-going PS approved by the Planning Commission and do not require Council action. 4. The Community Development Department shall have the BP / FM PS, CE authority to approve the following minor changes to the project the (1) modify the site plan project by less than 10%, (2) result in a superior site design or appearance, and/or (3) address a construction design issue that is not substantive to the Master Plan of Development. The Planning Commission shall have the final authority to approve any other changes to the Master Plan of Development and any associated Tentative Maps. 5. All subsequent Tentative Tract Map and construction BP / FM PS, CE permits shall be consistent with the Master Plan of Development contained herein. 6. All exterior elevations, finish materials and colors shall be BP PS consistent with the Master Plan of Development as shown in Exhibit F and G with the following modifications: ■ All exterior malerial finishes (siding, trim, doors, windows, light fixtures, garage doors) shall be durable, high quality, and consistent with the architectural appearance. ■ All trash storage, recycle storage, and air conditioning units shall be screened fro view behind fenced or landscaped enclosures; • The 4 different building styles shall contain different Planning Commission Resolution 2003-0085 September 2, 2003 Page 5 of 43 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services La Costa Court GP: Grading Permit FD: Fire Department PD -20 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2002-0064/ZCH 2003-0064/ZCH 2002-0027 TO: Temporary Occupancy F0: Final Occupancy WW: Wastewater CA: City Attorney solid wood front doors. ■ The garage doors styles shall vary with the 4 different elevations and be architectural grade and either match the wood entry doors or be painte d to match the selected body color. ■ Any exterior light fixtures shall be compatible with building design, subject to staff approval. ■ Composition roofs shall be architectural grade with high definition shingles. ■ Final selection of chimney caps shall be subject to staff approval. 7. All site development shall be consistent with the maximum BP/FM PS, BS intensities described in the statistical project summary as shown on Exhibit C. 8. All site work, grading and site improvements shall be BP/FM PS, BS, CE consistent with th a Master Plan of Development as shown in Exhibit B and E. 9. A final landscape and irrigation plan shall be approved BP PS, BS prior to the issuance of building permits and included as part of site improvement plan consistent with Exhibit B, and as follows: ■ All exterior meters, air conditioning units and mechanical equipment shall be screened with landscape material. Trash/recycle container areas shall be screened with fencing or landscape. ■ All front yard areas within the project site shall be landscaped by the developer; ■ Street frontages along La Costa Court cul-de-sac, and common open space areas shall be landscaped by the developer; ■ Magnolia and live oak shade trees shall be planted within the opens space buffer area, appropriately spaced to provide visual buffering between adjacent La Costa Court residence and the proposed project. ■ Street and open space trees shall be minimum 15 - gallon size and double staked; ■ Caltrans off-site frontage shall be landscaped with native trees and shrubs, subject to Caltrans approval. Planning Commission Resolution 2003-0085 September 2, 2003 Page 6 of 43 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program BP /Monitoring Measure units for sale to residents or workers within the City of PS: Planning Services Atascadero, including the affordable units. The BL: Business License BS: Building Services La Costa Court GP: Grading Permit FD: Fire Department PD -20 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2002-0064/ZCH 2003-0064/ZCH 2002-0027 TO: Temporary Occupancy F0: Final Occupancy WW: Wastewater CA: City Attorney 10. The developer shall establish a home owner's association GP PS or benefit maintenance district for the maintenance of on- BP site shared improvements, including all on-site roads, sidewalks, street trees, drainage facilities, private open space and common landscaping, and off-site Caltrans frontage landscaping. 11. All project fencing shall be installed consistent with Exhibit GP PS B subject to the following modifications: BP ■ The existing fence separating the project site form adjacent La Costa Court residences shall be replaced with a 6 -foot tall dark tan or dark taupe colored split- plitface faceconcrete block wall. ■ Decorative pavers shall be applied to all parking areas (excluding individual lot driveways). 12. There shall be no on-site street lighting along the project GP PS access driveway. BP 13. Retaining wall design & material shall match or GP PS compliment the texture and color of the existing or BP proposed landscape. 14. Garages to be 12 feet by 22 feet (264 square feet) GP PS minimum interior dimension. BP 15. Final selection of colors and materials identified on Exhibit GP PS G shall be subject to staff approval. BP 16. Prior to recordation of final map, 30 -year deed restriction GP PS, CE, CA on three units. In -lieu fees for remaining un -built units and BP fractions of units shall be based on 2.50% of the valuation of the market rate unit, calculated upon the entire 40 residential units. Fees shall be paid at time of building permit. 17. Prior to recordation of final map, the applicant shall enter GP PS, CE, CA into a legal agreement with the City to reserve '/2 of the BP units for sale to residents or workers within the City of Atascadero, including the affordable units. The agreement shall include the following provisions: ■ The units shall be offered for sale to residents or workers within the City of Atascadero for a minimum of 60 -days. During this time period offers may only be accepted from Atascadero residents or workers. Planning Commission Resolution 2003-0085 September 2, 2003 Page 7 of 43 ■ The applicant shall provide reasonable proof to the City that at least one of the qualified buyers is a resident or worker within the City Limits of Atascadero. ■ The Atascadero resident or worker restriction shall apply to the initial sale only. ■ The applicant shall identify which units will be reserved. ■ The City Attorney shall approve the final form of the agreement. 18. The project applicant shall establish a Homeowners GP PS, CE, CA Association or Cost Benefit District for project to be funded BP by residences and to be responsible for the maintenance, repair and replacement of all on-site common areas, front yards, and facilities, and enforcement of the community CC&R's, including on-site parking enforcement. CC&R's are required with Final Map. Building Services 19. A soils investigation prepared by a licensed GP PS Geotechnical Engineer is to be provided for the project. BP 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 20. Show location of existing and any proposed fire BP BS hydrants. 21. 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. 22. Note approved address signage is to be provided. BP BS 23. 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 24. All public improvements shall be constructed in GP, BP CE conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings and/or as directed by the City Engineer. 25. In the event that the applicant is allowed to bond for the GP, BP CE public improvements required as a condition of the final map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 26. An engineer's estimate of probable cost shall be GP, BP CE submitted for review and approval by the City Engineer to Planning Commission Resolution 2003-0085 September 2, 2003 Page 8 of 43 determine the amount of the bond. 27. The Subdivision Improvement Agreement shall record GP, BP CE concurrently with the Final Map. 28. An encroachment permit shall be obtained prior to the GP, BP CE issuance of building permit. 29. The applicant shall enter into a Plan Check/inspection GP, BP CE agreement with the City. 30. A six (6) foot Public Utility Easement (PUE) shall be GP, BP CE provided contiguous to the Tunitas Avenue property frontage. 31. The applicant shall be responsible for the relocation GP, BP CE and/or alteration of existing utilities. 32. The applicant shall install all new utilities (water, gas, GP, BP CE electric, cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 33. The applicant shall monument all property corners for GP, BP CE construction control and shall promptly replace them if disturbed. 34. The applicant shall acquire title interest in any off-site land GP, BP CE 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. 35. Slope easements shall be provided as needed to GP, BP CE accommodate cut of fill slopes. 36. Drainage easements shall be provided as needed to GP, BP CE accommodate both public and private drainage facilities. 37. A preliminary subdivision guarantee shall be submitted for GP, BP CE review in conjunction with the processing of the map. 38. All existing and proposed utility, pipeline, open space, or GP, BP CE 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. 39. The final map shall be signed by the City Engineer prior to GP, BP CE the map being placed on the agenda for City Council acceptance. 40. Prior to recording the final map, the applicant shall submit GP, BP CE 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 Planning Commission Resolution 2003-0085 September 2, 2003 Page 9 of 43 Subdivision Map Act and the City's Subdivision Ordinance. 41. Prior to recording the parcel map, the applicant shall set GP, BP CE monuments at all new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the parcel map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 42. Prior to recording the parcel map, the applicant shall pay GP, BP CE all outstanding plan check/inspection fees. 43. Prior to recording the map, the applicant shall complete all GP, BP CE improvements required by these conditions of approval. 44. Prior to recording the parcel map, the applicant shall have GP, BP CE 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. 45. Upon recording the final map, the applicant shall provide GP, BP CE the City with a black line clear Mylar (0.4 mil) copy and a blue line print of the recorded map. 46. Prior to the final inspection of any public improvements, GP, BP CE 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. 47. Prior to the final inspection, the applicant shall submit a GP, BP CE written certification from a registered civil engineer or land surveyor that all survey monuments have been set as shown on the final map. 48. Prior to the issuance of building permits the applicant shall GP, BP CE submit a grading and drainage plan prepared by a registered civil engineer for review and approval by the City Engineer. City Engineer Project Conditions 49. Applicant shall submit a Storm Water Pollution Prevention GP, BP CE Plan (SWPPP) and erosion control plan for approval by the City Engineer prior to any onsite grading. 50. Applicant shall submit drainage calculations for all GP, BP CE improvements. 51. A drainage easement shall be recorded for the drainage GP, BP CE detention basin. 52. All drainage improvements shall cross property lines GP, BP CE within drainage easements. Planning Commission Resolution 2003-0085 September 2, 2003 Page 10 of 43 53. The drainage detention basin shall be designed for a 50- GP, BP CE year storm with a 2 -year release. 54. The CC&R's shall provide for the repair and maintenance GP, BP CE all drainage structures, basins, private sewer mains and manholes, streets, curbs, gutters and sidewalks, lighting, parking, and all commonly held areas and open space. 55. City standard curb, gutter and sidewalk shall be GP, BP CE constructed at the end of the La Costa Court cul-de-sac. 56. Applicant must provide written authorization from owner of GP, BP CE Private sewer main in La Costa Court, allowing connection to sewer system. 57. All new sewer mains shall be privately owned and GP, BP CE maintained. Funding for maintenance and repair of private sewer system shall be addressed in the CC&R's. Atascadero Mutual Water Company 58. The applicant shall provide a looped water system. This GP, BP CE looped system shall have two points of connection to the existing AMWC water grid in order to provide a more reliable water system for this site. The looped system shall be shown on the improvement plan submittal. 59. Prior to the issuance of building permits, the applicant GP, BP CE shall submit plans showing the water distribution facilities required to serve the project for review and approval by the Atascadero Mutual Water Company (AMWC). The plans shall show all facilities required for fire protection. The plans shall show all cross - connection devices required to isolate the fire protection and landscape irrigation systems from the domestic water system. 60. Prior to start of construction, the applicant shall pay all GP, BP CE installation and connection fees required by AMWC. 61. Prior to the issuance of building permits, the applicant GP, BP CE shall obtain a "Will Serve" letter from the Atascadero Mutual Water Company. 62. All water distribution facilities shall be constructed in GP, BP CE conformance with AMWC standards, policies and approved procedures. All cross connection devices shall be constructed in conformance with AWWA and Department of Health Services standards. 63. Water and gas cannot be located in same trench. Water GP, BP CE main to be in separate trench. 64. Identify water main tie in location on improvement GP, BP CE drawings. 65. Identify all connections and bends in water main. GP, BP CE 66. All service line connections shall be perpendicular to GP, BP CE water main Mitigation Measures Planning Commission Resolution 2003-0085 September 2, 2003 Page 11 of 43 Mitigation Measure 1.c.1: The following landscape mitigations BP PS, BS, CE 1.c.1 shall apply: ■ Development along U.S. Highway 101 right-of-way shall be buffered with an informal landscape theme to be reviewed an approved by Caltrans. ■ Proposed development along the extension of La Costa Court will include landscaped front yards, street trees, and the project entry drives that will include special decorative pavers. ■ The project shall include landscaping of all common areas, including slopes, streetscapes, residential front yards, and street trees. ■ The on-site retention basin shall be landscaped with plant materials compatible with the private open space use while allowing the basin to function as engineered for storm water management. Mitigation Measure 1.c.2: The proposed homes shall include BP PS, BS, CE 1.c.2 the use of earth -tone paint and roof colors designed to blend with the surrounding neighborhood and reduce the potential for reflected light and glare. Mitigation Measure 1.d.1: Exterior street lighting shall be BP PS, BS, CE 1.d.1 designed to eliminate any off site glare. All exterior site lights shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. Any luminaire pole height shall not exceed 20 -feet in height, limit intensity to 2.0 foot candles at ingress/egress, and otherwise 0.6 foot candle minimum to 1.0 maximum within the private street. Fixtures shall be shield cut-off type and compatible with neighborhood setting, subject to staff approval. In addition, individual exterior home -owner lighting shall be restricted through CC&R's and individual lot deed -restriction to prohibit high-intensity lighting in excess of one -foot candle, limited in fixture height to not exceed 10 feet, and utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. Mitigation Measure 3.b: The project shall be conditioned to BP, GP PS, BS, CE 3.b comply with all applicable District regulations pertaining to the control of fugitive dust (PM -10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. Section 6.3: Construction Equipment ■ Maintain all construction equipment in proper tune according to manufacturer's specifications. ■ Fuel all off-road and portable diesel powered equipment, including but not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power units, with ARB certified motor vehicle diesel fuel (Non -taxed version suitable for use off-road). ■ 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. Planning Commission Resolution 2003-0085 September 2, 2003 Page 12 of 43 ■ Install diesel oxidation catalysts (DOC), catalyzed diesels particulate filters (CDPF) or other District approved emission reduction retrofit services (Required for projects grading more than 4.0 acres of continuously worked area). Section 6.4: Activity Management Techniques ■ Develop a comprehensive construction activity management plan designed to minimize the amount of large construction equipment operating during any given time period. • Schedule of construction truck trips during non -peak hours to reduce peak hour emissions. ■ Limit the length of the construction workday period, if necessary. ■ Phase construction activities, if appropriate. Section 6.5: Fugitive PM10 GP PS, BS, CE 3.b 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 stock -pile areas should be sprayed daily as needed. D. Permanent dust control measures identified in the approved project re -vegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities. E. Exposed ground areas that are plann4ed to be reworked at dates greater than one month after initial grading should be sown with a fast -germinating native grass seed and watered until vegetation is established. F. All disturbed soil areas not subject to re -vegetation should be stabilized using approved chemical soil binder, jute netting, or other methods approved in advance by the APCD. G. All roadways, driveways, sidewalks, etc, to be paved should be complete as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. H. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. I. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114. J. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or was off trucks and equipment leaving the site. K. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. L. The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust off site. The name and telephone number of such persons shall be provided to the APCD prior to land use Planning Commission Resolution 2003-0085 September 2, 2003 Page 13 of 43 clearance for map recordation and land use clearance for finish grading of any structure. Mitigation Measure 5.b.1: Should any cultural resources be GP BS 5.b.1 unearthed during site development work, the provisions of CEQA -Section 15064.5, will be followed to reduce impacts to a non-significant level. GP PS, BS, CE 6.b.1 Mitigation Measure 6.b.1: 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.2: All cut and fill slopes shall be hydro GP PS, BS, CE 6.b.2 seeded 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, GP PS, BS, CE 6.c.d submitted with a future building permit by the building department. The building plans will be required to follow the recommendations of the soils report to assure safety for occupants and buildings. Mitigation Measure 8e.f.1: A Stormwater Pollution Prevention GP PS, BS, CE 8e.f.1 Plan (SWPPP)/Erosion Control Plan shall be submitted and approved by the City Engineer prior to the issuance of the building permit. The plan shall include storm water measures for the operation and maintenance of the project for the review and approval of the City Engineer. The Building Permit application plans shall identify Best Management Practices (BMPs) appropriate to the uses conducted on site that effectively prohibit the entry of pollutants into storm water runoff. Mitigation Measure 8.e.f.2: The developer is responsible for GP PS, BS, CE 8.e.f.2 ensuring that all contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop orders. Mitigation Measure 11.c.1: A continuous masonry noise GP PS, BS, CE 11.c.1 barrier wall or berm along the west side of the project is required. The noise barrier wall shall be constructed of earth - tone masonry material or stone appearance, and six feet in height above the nearest finished floor level. Mitigation Measure 11.c.2: The following construction GP PS, BS, CE 11.c.2 specification is required to meet performance of 45 dBA or less interior noise level along the critical side of the dwelling units (lots 12, 20, 21, and 40) nearest the Highway 101 noise source: ■ Vents and roof penetrations: Soffit vents, eave vents, dormer vents and other wall and roof penetrations Planning Commission Resolution 2003-0085 September 2, 2003 Page 14 of 43 shall be located on the walls and roofs facing away from the noise source (facing north, east, and south). ■ Walls: The walls of critical living spaces, such as living rooms, lounges, bedrooms, dens, and habitable spaces in dwelling units nearest the noise source shall have wall construction with an S.T.0 (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 source shall receive special attention during construction. All construction openings and joints on the walls on the noise facing the 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. ■ Windows: To meet the interior LDN 45 dBA requirements, windows for critical habitat spaces of affected units facing the noise source shall be of 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. Planning Commission Resolution 2003-0085 September 2, 2003 Page 15 of 43 EXHIBIT B: Master Plan of Development Site & Landscape Plan rW I ON V7 W Al EffiRWIFAVOWdEffiffir 7q7 i i I ik _r" 1 R LOT 6 r LOT 3 M z J�q 5 -4 z o8�Y Tl 24' ! 0 M > Z z A10N /LAN 606UON 4 AWGW66 PLM MANNIN& GONOM41N& DSC*F ILA ASTAI ATASCADERO,, Planning Commission Resolution 2003-0085 September 2, 2003 Page 16 of 43 EXHIBIT C: Statistical Summary of Project Proposed Project Summary Total 77,963 38,991 36,400 31,563 10,000 RoadsBPark'g 27,987 Open Space 19,730 Site Sum 125,680 Legend FP = Footprint LS = Landscape Flatwork=Driveways, Porches, Patios Prepared by: FL Henderson Associates Average 46.8% Average 40.4% Note: All figures given in sqaure feet (s.f.) All figures rounded to the nearest s.f. Color -coded by design type. Printed on 22 -Jun -03 Area Information_ , for Tract Map 244& -La Costa CL Actual % of Max. Design FP to Req. Actual % of LS Flat- Elev. Lot Sq Ft. Storeys Allow FP FP Site LS LS to Site work Type Lot 1 1933 Two 967 910 47.1% 773 773 40.0% 250 A Lot 2 1887 Two 944 910 48.2% 755 727 38.5% 250 A Lot 3 1892 Two 946 910 48.1% 757 732 38.7% 250 B Lot 4 1898 Two 949 910 47.9% 759 738 38.9% 250 B Lot 5 1907 Two 954 910 47.7% 763 747 39.2% 250 C Lot 6 1907 Two 954 910 47.7% 763 747 39.2% 250 C Lot 7 1912 Two 956 910 47.6% 765 752 39.3% 250 D Lot 8 1915 Two 958 910 47.5% 766 755 39.4% 250 D Lot 9 1917 Two 959 910 47.5% 767 757 39.5% 250 A Lot 10 1919 Two 960 910 47.4% 768 759 39.6% 250 A Lot 11 1923 Two 971 910 47.3% 769 763 39.7% 250 B Lot 12 2273 Two 1137 910 40.0% 909 1113 49.0% 250 B Lot 13 1949 Two 975 910 46.7% 780 789 40.5% 250 C Lot 14 1944 Two 972 910 46.8% 778 784 40.3% 250 C Lot 15 1939 Two 970 910 46.9% 776 779 40.2% 250 D Lot 16 1934 Two 967 910 47.1% 774 774 40.0% 250 D Lot 17 1929 Two 965 910 47.2% 772 769 39.9% 250 A Lot 18 1926 Two 963 910 47.2% 770 766 39.8% 250 A Lot 19 1925 Two 963 910 47.3% 770 765 39.7% 250 B Lot 20 1923 Two 962 910 47.3% 769 763 39.7% 250 B Lot 21 1936 Two 968 910 47.0% 774 776 40.1% 250 C Lot 22 1936 Two 968 910 47.0% 774 776 40.1% 250 C Lot 23 1936 Two 968 910 47.0% 774 776 40.1% 250 D Lot 24 1936 Two 968 910 47.0% 774 776 40.1% 250 D Lot 25 1936 Two 968 910 47.0% 774 776 40.1% 250 A Lot 26 1936 Two 968 910 47.0% 774 776 40.1% 250 A Lot 27 1936 Two 968 910 47.0% 774 776 40.1% 250 B Lot 28 1926 Two 963 910 47.2% 770 766 39.8% 250 B Lot 29 2067 Two 1034 910 44.0% 827 907 43.9% 250 C Lot 30 2027 Two 1014 910 44.9% 811 867 42.8% 250 C Lot 31 1929 Two 965 910 47.2% 772 769 39.9% 250 D Lot 32 1929 Two 965 910 47.2% 772 769 39.9% 250 D Lot 33 1929 Two 965 910 47.2% 772 769 39.9% 250 A Lot 34 1929 Two 965 910 47.2% 772 769 39.9% 250 A Lot 35 1929 Two 965 910 47.2% 772 769 39.9% 250 B Lot 36 1929 Two 965 910 47.2% 772 769 39.9% 250 B Lot 37 1929 Two 965 910 47.2% 772 769 39.9% 250 C Lot 38 1929 Two 965 910 47.2% 772 769 39.9% 250 C Lot 39 1929 Two 965 910 47.2% 772 769 39.9% 250 D Lot 40 2278 Two 1139 910 39.9% 911 1118 49.1% 250 D Total 77,963 38,991 36,400 31,563 10,000 RoadsBPark'g 27,987 Open Space 19,730 Site Sum 125,680 Legend FP = Footprint LS = Landscape Flatwork=Driveways, Porches, Patios Prepared by: FL Henderson Associates Average 46.8% Average 40.4% Note: All figures given in sqaure feet (s.f.) All figures rounded to the nearest s.f. Color -coded by design type. Printed on 22 -Jun -03 Planning Commission Resolution 2003-0085 September 2, 2003 Page 17 of 43 EXHIBIT D: Site Section U) M Planning Commission Resolution 2003-0085 September 2, 2003 Page 19 of 43 EXHIBIT F: Architectural Elevations & Floor Plans C M M r O b Gp O v gO D R1 M O 0 Z z M D b m r _ m iii _ 25 8 D p � I w D � 01 N ` G -A N4Y, 6WMON &OVATIONS OEVEI rMENf["' i.A cOOfA Ko. fLOOK PIANS AfOGAWO, LA M-. n I { r T � I Z � I � 01 M m r OI D p� zZO I O �I -4M m0 b o ®; Mo rq ZZ 00 F.L. Henderson & Associates L111W E1111E IIANNINb LON600 IN& zrzoaN °'� icaa��Ao4iii 005166.5011 6DN KN[Noe¢50NeL AKfaK. N[1 n1A5G 0 Planning Commission Resolution 2003-0085 September 2, 2003 Page 20 of 43 EXHIBIT F: Architectural Elevations rn bCn 0 M M 11> O z M F 5W 0 M M 0 z C-) �m W U M M O Z A& z� n I °R°ARNtEY> bU5fA50N ELEVAfI0N5 " F.L. Henderson & Associates .�♦ ♦ GN `�j ;� DEV&40PMENf � ARGNIfEGiURE PLANNING GON5UL11NG A wefA KV. FLOOR PI AN5 fRANR 1.. N0[ -, AR 1![Of�L-22003 91D -91A 01RD�[ I AI.A GAOERO, . 6M IDD. WD N[N0[R50N6 NART[R. N[i - AV, ZA0[R9. GA 1- Planning Commission Resolution 2003-0085 September 2, 2003 Page 21 of 43 EXHIBIT G: Material & Colors o� I • "I' ■_ ES iii InM■■EMO Nunn NUNN Sol ii u Planning Commission Resolution 2003-0085 September 2, 2003 Page 22 of 43 EXHIBIT G: Materials & Colors 3 AIR, ■■ ■ ■■-. i �_■py■yam■:■. li __� --� — 'i��■:-_:��-1-ill• ww ZEN—Mg '_ '_ ' • �■ ■ 'moi-���;�:-■�:■i-■: 1�-_■-:--■■■� -rte _ . i■■■ -Ci■■ -moi -r li-;■-r■ ..r —ro J■ - Planning Commission Resolution 2003-0085 September 2, 2003 Page 23 of 43 EXHIBIT G: Materials & Colors Planning Commission Resolution 2003-0085 September 2, 2003 Page 24 of 43 EXHIBIT G: Materials & Colors Man 's 9ml3 • _�_ 11111-21 ■■■■ ;IN 1., F ,;wtr Al _ r MP ■a®■ ■■■■ z-: ■■C;li-s wr d ins. Lsro - Q ' .�yP.: a•��i� �;� ■ f,e Planning Commission Resolution 2003-0086 September 2, 2003 Page 1 of 20 ATTACHMENT 6: Draft Resolution PC 2003-0064 PD -19 Master Plan of Development (CUP 2003-0082)/ZCH2O02-0035/TTM2002-0026 Approval of Proposed Vesting Tentative Tract Map DRAFT RESOLUTION PC 2003-0086 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO RECOMMENDING THAT THE CITY COUNCIL APPROVE VESTING TENTATIVE TRACT MAP 2002-0018, A FORTY LOT MAP CONSISTENT WITH A PD -20 OVERLAY ZONE OF APN 045-358-010 (1200 La Costa Court / Andy Charnley) WHEREAS, an application has been received from Andy Charnley (200 S. Main Street, Templeton, CA 93465) Applicant and Property Owner to consider a project consisting of a zone change from RMF -16 (Residential Multi -Family) to RMF/PD-20 (Residential Multi - Family with Planned Development Overlay #20) on a 2.9 -acre site located at 1200 La Costa Court (APN 045-358-010); and WHEREAS, the site's General Plan Designation is HDR (High -Density Residential); M1 WHEREAS, the site's current zoning district is RMF -16 (Residential MultrFamily, 16 units/acre); and, WHEREAS, the Planning Commission has recommended that a site be rezoned to include a PD -20 overlay with a Master Plan of Development thereby allowing a 40- lot subdivision of the site; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Tentative Tract Map application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said application; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on September 2, 2003, studied and considered Tentative Tract Map 2002-0018, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project; and, Planning Commission Resolution 2003-0086 September 2, 2003 Page 2 of 20 NOW, THEREFORE, the Planning Commission takes the following actions: Section 1. Findings of Approval for Tentative Parcel Map, the Planning Commission of the City of Atascadero finds as follows: 1. The proposed subdivision, as conditioned, is consistent with the General Plan and applicable zoning requirements. 2. The design and improvement of the proposed subdivision is consistent with the General Plan and applicable zoning requirements. The proposed subdivision, as conditioned, is consistent with the proposed Planned Development Overlay District #20 Master Plan of Development (CUP 2002- 0064). 4. The site is physically suitable for the type of development proposed. 5. The site is physically suitable for the density of development proposed. 6. The design and improvement of the proposed subdivision will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat. 7. The design of the subdivision will not conflict with easements acquired by the public at large for access through, or the use of property within, the proposed subdivision; or substantially equivalent alternative easements are provided. Covenants, Conditions and Restrictions (CC&R's) shall be required that incorporate the planned development conditions of approval to ensure that the site retains the proposed qualities (colony- influenced architecture, colors, materials, street amenities, fencing, and landscaping) overtime. 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 September 2, 2003, resolved to recommend that the City Council approval of Vesting Tentative Tract Map (TTM 2002- 0018) subject to the following: 1. Exhibit A: Vesting Tentative Tract Map 2002-0018 2. Exhibit B: Conditions of Approval / Mitigation Monitoring Program. Planning Commission Resolution 2003-0086 September 2, 2003 Page 3 of 20 BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. AYES: NOES: ABSENT: ABSTAIN: ADOPTED: CITY OF ATASCADERO, CA Roberta Fonzi Chairperson Attest: Warren M. Frace Planning Commission Secretary Planning Commission Resolution 2003-0086 September 2, 2003 Page 4 of 20 Exhibit A: Vesting Tentative Tract Map 2002-0018 US 101 z 0 I a M o $ rRe� i� 3y3; aO —^+ 'z �jga 0 Y � T H.CD ' aHARAH,GLOAsoty fL�vEsTm �. I.. NWK60N AWG I ALES Ly1,-1_N vrrv�EN •rtr�IpV IA W WP ARGHIftGfUR► WANNI N& GONGULtIN& LA COSTA RD. .-1. os —, Accni.," - — v*. IArti. ciau ATASCADERO, CA 005.111-1A nn.Hu.csmucn.crsc. H.r .rAacA-11, �A c1— Planning Commission Resolution 2003-0086 September 2, 2003 Page 5 of 20 Exhibit B: Conditions Of Approval / Mitigation Monitoring Program Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services La Costa Court SIP: Subdivision FD: Fire Department Vesting Tentative Tract Map Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TTM 2002-0018 TO: Temporary Occupancy FI: Final inspection WW: Wastewater CA: City Attorney F0: Final Occupancy AMWC: Water Comp. Planning Services 1. The approval of this Tentative Parcel Map shall not FM PS become final and effective following approval of Zone Change 2002-0027 and CUP 2002-0064. 2. Approval of this Tentative Parcel Map shall be valid for FM PS two years after its effective date. At the end of the period, the approval shall expire and become null and void unless an extension of time is granted pursuant to a written request received prior to the expiration date. 3. The Community Development Department shall have FM PS the authority to approve minor changes to the project that (1) result in a superior site design or appearance, and/or (2) address a design issue that is not substantive to the Tentative Tract Map and that the Final Map is in substantial conformance with the Tentative Map. 4. The Tract Map shall be subject to additional fees for FM PS park or recreation purposes (QUIMBY Act) as required by City Ordinance. 5. The applicant shall record CC&R's for the subdivision FM PS subject to the review and approval of the City Engineer, City Attorney and Planning Services. The CC&R's shall identify the maintenance responsibilities of all private driveways, sewer facilities, drainage facilities, common parking areas, site lighting, landscape areas, fencing, front yards (lots 1 — 40), 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 1200 La Costa Court (APN 045-358- 010) regardless of owner. 7. The Final Map shall be drawn in substantial FM PS conformance with the approved tentative map, and in compliance with all conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 8. The subdivider shall defend, indemnify, and hold FM PS harmless the City of Atascadero or its agents, officers, Planning Commission Resolution 2003-0086 September 2, 2003 Page 6 of 20 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program FM /Monitoring Measure Geotechnical Engineer is to be provided for the GP: Grading Permit PS: Planning Services project. The report is to be provided at the time of BP: Building Permit BS: Building Services La Costa Court SIP: Subdivision FD: Fire Department Vesting Tentative Tract Map Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TTM 2002-0018 TO: Temporary Occupancy Fl: Final inspection WW Wastewater CA: City Attorney incorporated into the project plans. F0: Final Occupancy AMWC: Water Comp. and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the subdivision. 9. Prior to recordation of final map, 30 -year deed FM PS restriction on three units. h -lieu fees for remaining un- built units and fractions of units shall be based on 2.50% of the valuation of the market rate unit calculated upon the entire 40 residential units. Fees shall be paid at timeof building permit 10. Prior to recordation of final map, the applicant shall FM PS enter into a legal agreement with the City to reserve 1/2 of the units for sale to residents or workers within the City of Atascadero, including the affordable units. The agreement shall include the following provisions: ■ The units shall be offered for sale to residents or workers within the City of Atascadero for a minimum of 60 -days. During this time period offers may only be accepted from Atascadero residents or workers. ■ The applicant shall provide reasonable proof to the City that at least one of the qualified buyers is a resident or worker within the City Limits of Atascadero. ■ The Atascadero resident or worker restriction shall apply to the initial sale only. ■ The applicant shall identify which units will be reserved. ■ The City Attorney shall approve the final form of the agreement. 11. All site development shall be consistent with the GP PS,CE maximum intensities described in the statistical project summary as shown on Exhibit C. 12. There shall be no on-site street lighting along the project access driveway. Building Services 13. A soils investigation prepared by a licensed FM CE Geotechnical Engineer is to be provided for the project. The report is to be provided at the time of building permit submittal along with the building plans for review by the Building Division. Recommendations contained in the report are to be incorporated into the project plans. Fire Marshal Planning Commission Resolution 2003-0086 September 2, 2003 Page 7 of 20 14. Show location of existing and any proposed fire FM CE hydrants. 15. Provide a letter from the Atascadero Mutual Water FM CE Company stating the minimum expected water available to the site. Amount available must meet min. requirement specified in the California Fire Code. 16. Note approved address signage is to be provided. FM CE 17. Note on plans that fire lanes shall be delineated in FM CE certain areas to restrict parking as required by the Fire Authority. City Engineer Standard Conditions 18. All public improvements shall be constructed in GP, BP CE conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings and/or as directed by the City Engineer. 19. In the event that the applicant is allowed to bond for the GP, BP CE public improvements required as a condition of the final map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 20. 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. 21. The Subdivision Improvement Agreement shall record GP, BP CE concurrently with the Final Map. 22. An encroachment permit shall be obtained prior to the GP, BP CE issuance of building permit. 23. The applicant shall enter into a Plan Check/Inspection GP, BP CE agreement with the City. 24. A six (6) foot Public Utility Easement (PUE) shall be GP, BP CE provided contiguous to the Tunitas Avenue property frontage. 25. The applicant shall be responsible for the relocation GP, BP CE and/or alteration of existing utilities. 26. The applicant shall install all new utilities (water, gas, GP, BP CE electric, cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 27. The applicant shall monument all property corners for GP, BP CE construction control and shall promptly replace them if disturbed. 28. The applicant shall acquire title interest in any off-site GP, BP CE land that may be required to allow for the construction of the improvements. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress and egress is affected Planning Commission Resolution 2003-0086 September 2, 2003 Page 8 of 20 by these improvements. 29. Slope easements shall be provided as needed to GP, BP CE accommodate cut of fill slopes. 30. Drainage easements shall be provided as needed to GP, BP CE accommodate both public and private drainage facilities. 31. A preliminary subdivision guarantee shall be submitted GP, BP CE for review in conjunction with the processing of the map. 32. All existing and proposed utility, pipeline, open space, GP, BP CE or other easements are to be shown on the parcel map. If there are building or other restrictions related to the easements, they shall be noted on the parcel map. The applicant shall show all access restrictions on the parcel map. 33. The final map shall be signed by the City Engineer prior GP, BP CE to the map being placed on the agenda for City Council acceptance. 34. Prior to recording the final map, the applicant shall GP, BP CE submit a map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 35. Prior to recording the parcel map, the applicant shall set GP, BP CE monuments at all new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the parcel map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 36. Prior to recording the parcel map, the applicant shall GP, BP CE pay all outstanding plan check/inspection fees. 37. Prior to recording the map, the applicant shall complete GP, BP CE all improvements required by these conditions of approval. 38. Prior to recording the parcel map, the applicant shall GP, BP CE have the map reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company indicating their review of the map. The letter shall identify any new easements that may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the parcel map. 39. Upon recording the final map, the applicant shall GP, BP CE provide the City with a black line clear Mylar (0.4 mil) copy and a blue line print of the recorded map. Planning Commission Resolution 2003-0086 September 2, 2003 Page 9 of 20 40. Prior to the final inspection of any public improvements, GP, BP CE 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. 41. Prior to the final inspection, the applicant shall submit a GP, BP CE written certification from a registered civil engineer or land surveyor that all survey monuments have been set as shown on the final map. 42. Prior to the issuance of building permits the applicant GP, BP CE shall submit a grading and drainage plan prepared by a registered civil engineer for review and approval by the City Engineer. City Engineer Project Conditions 43. Applicant shall submit a Storm Water Pollution GP, BP CE Prevention Plan (SWPPP) and erosion control plan for approval by the City Engineer prior to any onsite grading. 44. Applicant shall submit drainage calculations for all GP, BP CE improvements. 45. A drainage easement shall be recorded for the drainage GP, BP CE detention basin. 46. All drainage improvements shall cross property lines GP, BP CE within drainage easements. 47. The drainage detention basin shall be designed for a GP, BP CE 50 -year storm with a 2 -year release. 48. The CC&R's shall provide for the repair and GP, BP CE maintenance all drainage structures, basins, private sewer mains and manholes, streets, curbs, gutters and sidewalks, lighting, parking, front yard landscaping (lots 1 — 40), and all commonly held areas and open space. 49. City standard curb, gutter and sidewalk shall be GP, BP CE constructed at the end of the La Costa Court cul-de- sac. 50. Applicant must provide written authorization from owner GP, BP CE of Private sewer main in La Costa Court, allowing connection to sewer system. 51. All new sewer mains shall be privately owned and GP, BP CE maintained. Funding for maintenance and repair of private sewer system shall be addressed in the CC&R's. Atascadero Mutual Water Company 52. The applicant shall provide a looped water system. GP, BP CE This looped system shall have two points of connection to the existing AMWC water grid in order to provide a more reliable water system for this site. Planning Commission Resolution 2003-0086 September 2, 2003 Page 10 of 20 The looped system shall be shown on the improvement plan submittal. 53. Prior to the issuance of building permits, the applicant GP, BP CE shall submit plans showing the water distribution facilities required to serve the project for review and approval by the Atascadero Mutual Water Company (AMWC). The plans shall show all facilities required for fire protection. The plans shall show all cross - connection devices required to isolate the fire protection and landscape irrigation systems from the domestic water system. 54. Prior to start of construction, the applicant shall pay GP, BP CE all installation and connection fees required by AMWC. 55. Prior to the issuance of building permits, the applicant shall obtain a "Will Serve" letter from the Atascadero Mutual Water Company. 56. All water distribution facilities shall be constructed in GP, BP CE conformance with AMWC standards, policies and approved procedures. All cross connection devices shall be constructed in conformance with AWWA and Department of Health Services standards. 57. Water and gas cannot be located in same trench. GP, BP CE Water main to be in separate trench. 58. Identify water main tie in location on improvement drawings. 59. Identify all connections and bends in water main. GP, BP CE 60. All service line connections shall be perpendicular to GP, BP CE water main. Mitigation Measures GP, BP CE Mitigation Measure 1.c.1: The following landscape mitigations GP, BP CE shall apply: ■ Development along U.S. Highway 101 right-of-way shall be buffered with an informal landscape theme to be reviewed an approved by Caltrans. ■ Proposed development along the extension of La Costa Court will include landscaped front yards, street trees, and the project entry drives that will include special decorative pavers. ■ The project shall include landscaping of all common areas, including slopes, streetscapes, residential front yards, and street trees. ■ The on-site retention basin shall be landscaped with plant materials compatible with the private open space use while allowing the basin to function as engineered for storm water management. Mitigation Measure 1.c.2: The proposed homes shall include GP, BP CE the use of earth -tone paint and roof colors designed to blend Planning Commission Resolution 2003-0086 September 2, 2003 Page 11 of 20 with the surrounding neighborhood and reduce the potential for reflected light and glare. Mitigation Measure 1.d.1: Exterior street lighting shall be GP, BP CE designed to eliminate any off site glare. All exterior site lights shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. Any luminaire pole height shall not exceed 20 -feet in height, limit intensity to 2.0 foot candles at ingress/egress, and otherwise 0.6 foot candle minimum to 1.0 maximum within the private street. Fixtures shall be shield cut-off type and compatible with neighborhood setting, subject to staff approval. In addition, individual exterior home -owner lighting shall be restricted through CC&R's and individual lot deed -restriction to prohibit high-intensity lighting in excess of one -foot candle, limited in fixture height to not exceed 10 feet, and utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. Mitigation Measure 3.b: The project shall be conditioned to GP, BP CE comply with all applicable District regulations pertaining to the control of fugitive dust (PM -10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. Section 6.3: Construction Equipment ■ Maintain all construction equipment in proper tune according to manufacturer's specifications. ■ Fuel all off-road and portable diesel powered equipment, including but not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power units, with ARB certified motor vehicle diesel fuel (Non -taxed version suitable for use off-road). ■ Maximize to the extent feasible, the use of diesel construction equipment meeting the ARB's 1996 or newer certification standard for off-road heavy-duty diesel engines. ■ Install diesel oxidation catalysts (DOC), catalyzed diesels particulate filters (CDPF) or other District approved emission reduction retrofit services (Required for projects grading more than 4.0 acres of continuously worked area). Section 6.4: Activity Management Techniques ■ Develop a comprehensive construction activity management plan designed to minimize the amount of large construction equipment operating during any given time period. ■ Schedule of construction truck trips during non -peak hours to reduce peak hour emissions. ■ Limit the length of the construction workday period, if necessary. ■ Phase construction activities, if appropriate. Section 6.5: Fugitive PM10 GP, BP CE 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- Planning Commission Resolution 2003-0086 September 2, 2003 Page 12 of 20 potable) water should be used whenever possible. C. All dirt stock -pile areas should be sprayed daily as needed. D. Permanent dust control measures identified in the approved project re -vegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities. E. Exposed ground areas that are plann4ed to be reworked at dates greater than one month after initial grading should be sown with a fast -germinating native grass seed and watered until vegetation is established. F. All disturbed soil areas not subject to re -vegetation should be stabilized using approved chemical soil binder, jute netting, or other methods approved in advance by the APCD. G. All roadways, driveways, sidewalks, etc, to be paved should be complete as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. H. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. I. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114. J. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or was off trucks and equipment leaving the site. K. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. L. The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust off site. The name and telephone number of such persons shall be provided to the APCD prior to land use clearance for map recordation and land use clearance for finish grading of any structure. Mitigation Measure 5.b.1: Should any cultural resources be GP, BP CE unearthed during site development work, the provisions of CEQA -Section 15064.5, will be followed to reduce impacts to a non-significant level. GP, BP CE Mitigation Measure 6.b.1: 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.2: All cut and fill slopes shall be hydro GP, BP CE seeded 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. Planning Commission Resolution 2003-0086 September 2, 2003 Page 13 of 20 Mitigation Measure 6.c.d: A soils report shall be required to be GP, BP CE submitted with a future building permit by the building department. The building plans will be required to follow the recommendations of the soils report to assure safety for occupants and buildings. Mitigation Measure 8e.f.1: A Stormwater Pollution Prevention GP, BP CE 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, BP CE 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.c.1: A continuous masonry noise GP, BP CE barrier wall or berm along the west side of the project is required. The noise barrier wall shall be constructed of earth - tone masonry material or stone appearance, and six feet in height above the nearest finished floor level. Mitigation Measure 11.c.2: The following construction specification is required to meet performance of 45 dBA or less interior noise level along the critical side of the dwelling units (lots 12, 20, 21, and 40) nearest the Highway 101 noise source: ■ Vents and roof penetrations: Soffit vents, eave vents, dormer vents and other wall and roof penetrations shall be located on the walls and roofs facing away from the noise source (facing north, east, and south). ■ Walls: The walls of critical living spaces, such as living rooms, lounges, bedrooms, dens, and habitable spaces in dwelling units nearest the noise source shall have wall construction with an S.T.0 (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 source shall receive special attention during construction. All construction openings and joints on the walls on the noise facing the 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. ■ Windows: To meet the interior LDN 45 dBA requirements, windows for critical habitat spaces of affected units facing the noise source shall be of 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 Planning Commission Resolution 2003-0086 September 2, 2003 Page 14 of 20 better, as determined in testing by an accredited acoustical laboratory. Planning Commission Resolution 2003-0086 September 2, 2003 Page 15 of 20 ITEM NUMBER: 4 DATE: 09/02/03 Planning Commission Staff Report Public Hearing Tentative Parcel Map 2003-0041 (AT 03-104) 2435 San Fernando Road and Balboa Road (Audette/Summers, Twin Cities Surveys) SUBJECT: TENTATIVE PARCEL MAP 2003-0041: Proposed subdivision of two existing parcels totaling approximately 10.88 acres into three parcels of 4.508, 3.186 and 3.186 acres. The site is currently developed with a single-family residence. The existing improvements will be confined to one new lot allowing development of single-family residences on the remaining two lots. RECOMMENDATION: Staff Recommends: The Planning Commission adopt Resolution No. PC 2003-0072, certifying the proposed Mitigated Negative Declaration 2003-0031 and approving Tentative Parcel Map 2003-0041, a request to subdivide two parcels totaling 10.88 acres into three parcels of 4.508, 3.186 and 3.186 acres (all lot areas are gross area), based on findings and subject to conditions. SITUATION AND FACTS: 1. Applicant/Owners: Richard Audette and Sandy Summers, 2435 San Fernando Road, Atascadero, California 93422, Phone: (805) 462-3708 2. Representative: Twin Cities Surveying, Inc., P.O. Box 777, Templeton, Califomia 93465-0777, Phone: (805) 434-3684 3. Project Address: 2435 San Fernando Road and Balboa Road, Atascadero, California 93422 4. General Plan Designation: RE (Rural Estate) ITEM NUMBER: 4 DATE: 09/02/03 5. Zoning District: RS (Residential Suburban with a minimum lot size of 3.186 acres (gross). 6. Site Area: 10.88 Acres (gross) 7. Existing Use: Developed with a single family residence 8. Environmental Status: Proposed Negative Declaration posted August 8, 2003- review period ends August 28, 2003. Site description: The site has a moderate slope (average of 13 to 19%) and is located on the north side of San Fernando Road and the south side of Balboa Road, just south of the intersection of San Fernando and Balboa Roads. Proposed Parcel 1 is currently developed with a single-family residence and the other proposed parcels are vacant. The Tentative Parcel Map indicates that the total gross acreage is 10.52 acres. However, a memo from the applicant's surveyor, dated August 20, 2003, verifies that the total gross acreage is 10.88. This correction will be reflected on the final parcel map. View of the property from proposed Parcel 2 looking southeast over proposed Parcel 3 towards Balboa Road too 1 •�. ,,`, 'fit, �1 _ ,�,`IU •1 Proposed Parcel 3 Proposed ITEM NUMBER: 4 DATE: 09/02/03 DISCUSSION: Subdivision Design: The subdivision will divide two existing lots into three parcels. Proposed Parcel 1 has frontage on San Fernando Road, while proposed Parcels 2 and 3 will gain access from Balboa Road. The City Engineer has reviewed the tentative map and determined that Balboa Road will provide adequate access for the two new parcels. PROPERTY OWNERS/SITE INFORMATION ..... / // _ TENTATIVE PARCEL NAP AT 03-0104 ..�.`� ..^..."°•° ZONING �� �-- .�-.w •. mra.�.c rw.. W. ..r.m w ..�.w. /,_ / PARK A ` REFERENCES / / s RESERVATION sm u..u... e...vu G /1'+'� PORTION OP :+�••RS a \\\` \ e. LDT IB �\�`\p\ w� mw�"w°rtnm nx�o_mou� p APN 050-131 -D I6 d 7055 BALBOAW RLDAD \` _ Parcel °^9..a,:a / �.�v: 'w 'rmnl'i%%.:�;\�u I' / ���//�lll i II IIP I r /rU lliJ1,�1J \ ...,......,....... •.ow.o. '� / "�\\\\\�\\N\nt+ � �/�/ JM ''%���o: �".iris/i/�I Imo:: ,���•• o«... �,�•. "M"��/ \���II SI/Ij/ •/��'O^9 `\p!;' >c �� �//iii iiiii'/%/4%/�i ///'r e .e W... :o:... / I �\i�=�s—��^ '",�.'•a� �� �� i S���%iirr ilii//�/i/i//%'i iiriii� / �k� +O ""°e �:.i �°��dF:::. OWNER'S STATEMENT �...R •^'a �•°^^'•° PARCEL A Parcel 3 APN 050-131-028 m ..MKAIER 2555 SAN FERNANDD ROAD Proposed Tentative Parcel Map The Fire Marshal has reviewed the subdivision and noted that access for proposed Parcel 3 near the northern most property line would result in grades of 16% or greater, requiring interior fire sprinklers for any proposed development. Alternatively, a shared entrance from Balboa Road along the property line separating proposed Parcels 2 and 3 would result in a driveway for proposed Parcel 3 with a grade of less than 16%. Shared access would also reduce the number of access points on to this portion of Balboa Road, where sight distance is hampered by curves in the road. Staff is recommending a condition (Condition 9), requiring that proposed Parcels 2 and 3 be developed with a shared access from Balboa Road. The existing improvements on the site will be confined to proposed Parcel 1. The tentative parcel map has identified adequate building sites for each lot and future development on the new lots can be accommodated without impacting native trees or the potential wetland area, while adhering to City Of Atascadero buildmg guidelines. Percolation tests indicate that each lot is suitable for an engineered onsite septic system. ITEM NUMBER: 4 DATE: 09/02/03 Atascadero Mutual Water Company will provide water to the potential new residences at the time of development. Future utilities to the new lots will be required to be placed underground. The subdivision is consistent with the General Plan Rural Estate land use designation and Residential Suburban zoning regulations with a minimum lot size of 3.186 acres (RS) based on the minimum lot size criteria. Public Improvements: The City Engineer is not requesting public improvements with this parcel map application. Environmental Review: The Initial Study concludes that there will be no significant harm to the environment as a result of this subdivision. A potential wetland area has been identified on proposed Parcel 3, however, conditions of approval require that this area be placed in an open space easement and noted as a non -buildable area (Condition 7). A proposed Mitigated Negative Declaration has been prepared for the project and certification of the Mitigated Negative Declaration is included in draft Planning Commission Resolution 2003- 0072. CONCLUSIONS: The subdivision is consistent with the 2002 General Plan and Zoning Ordinance. The parcel configurations are consistent with the Subdivision Ordinance requirements and the size and shape of the proposed lots are consistent with the character of the immediate neighborhood. Staff recommends the Planning Commission approve the tentative parcel map as conditioned. ALTERNATIVES: 1. The Commission may approve the subdivision subject to additional or revised project conditions. The Commission's motion to approve needs to include any new or revised project conditions. 2. The Commission may deny the subdivision if it is found to be inconsistent with the General Plan or any of the other required findings. The Commission's motion to deny must include a finding basis for denial. 3. The Commission may continue the hearing and refer the item back to staff for additional information or analysis. Direction should be given to staff and the applicant on required information. PREPARED BY: Kerry Margason, Associate Planner ATTACHMENTS: ITEM NUMBER: DATE: 09/02/03 Attachment 1 -- Location Map (General Plan & Zoning) Attachment 2 -- Draft Resolution PC 2003-0072 ATTACHMENT 1: Location Map (General Plan / Zoning) TPM 2003-0041 San Fernando and Balboa Roads Project Site ITEM NUMBER: 4 DATE: 09/02/03 San Fernando Road I I MOM Owe ITEM NUMBER: 4 DATE: 09/02/03 ATTACHMENT 2: Draft Resolution PC 2003-0072 TPM 2003-0041 San Fernando and Balboa Roads DRAFT RESOLUTION NO. PC 2003-0072 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING A TENTATIVE PARCEL MAP 2003-0041 TO DIVIDE TWO RESIDENTIAL LOTS INTO THREE RESIDENTIAL LOTS AT SAN FERNANDO AND BALBOA ROADS (AUDETTE/SUMMERS) WHEREAS, Richard Audette and Sandy Summers, 2435 San Fernando Road, Atascadero, California, 93422 (Owner/Applicant), applied for a Tentative Parcel Map to subdivide two lots totaling 10.88 acres into three parcels of 3.18, 3.18 and 4.508 gross acres each; and, WHEREAS, the proposed project has a General Plan Designation of Rural Estate (RE) and is in conformance with the Land Use Element of the General Plan and all other applicable General Plan policies; and, WHEREAS, the site is located in the Residential Suburban (RS) zoning district with a minimum lot size of 3.186 acres, which allows for the proposed use and density when certain findings are made; and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2003-0031 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission held a duly noticed public hearing to consider the proposed Mitigated Negative Declaration and Tentative Parcel Map application on September 2, 2003 at 7:00 p.m. and considered testimony and reports from staff, the applicants, and the public. NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Certification of Negative Declaration. The Planning Commission of the City of Atascadero, hereby certifies Mitigated Negative Declaration 2003-0031 based on the following findings: 1. The 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; and 3. The project will not achieve short-term to the disadvantage of long-term environmental goals; and, ITEM NUMBER: 4 DATE: 09/02/03 4. The project does not have impacts which are individually limited, but cumulatively considerable; and, 5. The project will not cause substantial adverse effects on human beings either directly or indirectly. SECTION 2. Findings for approval of subdivision. The Planning Commission finds as 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 site is physically suitable for the type of development proposed. 4. The site is physically suitable for the density of development proposed. 5. The design and improvement of the proposed subdivision will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat. 6. The subdivision is consistent with the character of the immediate neighborhood. 7. The design of the subdivision will not conflict with easements acquired by the public at large for access through, or the tse of property within, the proposed subdivision; or substantially equivalent alternative easements are provided. 8. The proposed subdivision design and type of improvements proposed will not cause serious public health problems. 9. The proposed subdivision will be accomplished without detriment to the adjacent properties. 10. The proposed accessway improvements meet the intent of the subdivision ordinance and are adequate for safe emergency vehicle access. SECTION 3. Approval. The Planning Commission does hereby approve Tentative Parcel Map 2003-0041 (AT 03-104) to subdivide two parcels totaling 10.88 acres into three parcels or 3.186, 3.186 and 4.508 acres each, subject to the following Conditions and Exhibits: EXHIBIT A: Mitigated Negative Declaration EXHIBIT B: Conditions of Approval ITEM NUMBER: DATE: 09/02/03 EXHIBIT C: Tentative Parcel Map 2003-0041 On motion by Commissioner ITEM NUMBER: 4 DATE: 09/02/03 and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA Roberta Fonzi, Planning Commission Chairperson ATTEST: Warren Frace Planning Commission Secretary ITEM NUMBER: DATE: 09/02/03 EXHIBIT A: Proposed Mitigated Negative Declaration Draft Resolution PC 2003-0072 TPM 2003-0041 ITEM NUMBER: DATE: 09/02/03 EXHIBIT B: Conditions of Approval Draft Resolution PC 2003-0072 TPM 2003-0041 Conditions of Approval / Mitigation Monitoring Timing Responsibility Mitigation Program /Monitoring Measure PM: Parcel Map TPM 2003-0041 (AT 03-0104) GP: Grading Prmt PS: Planning Services BP: Building Prmt BS: Building Services San Fernando and Balboa Roads TO: Temporary FD: Fire Department Occupancy PD: Police Department F0: Final CE: City Engineer Occupancy WW: Wastewater PI: Public CA: City Attorney Improvements AMWC: Atascadero Mutual Water Company Planning Services Standard Planning Conditions 1. The approval of this application shall become final, subject PM PS to the completion of the conditions of approval, fourteen (14) days following the Planning Commission approval unless prior to that time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 2. Approval of this Tentative Parcel Map shall be valid for two PM PS years after its effective date. At the end of the period, the approval shall expire and become null and void unless an extension of time is granted pursuant to a written request received prior to the expiration date. 3. The Community Development Department shall have the PM PS authority to approve minor changes to the project that (1) result in a superior site design or appearance, and/or (2) address a construction design issue that is not substantive to the Tentative Parcel Map. 4. The Tentative Parcel Map indicates that the total gross PM PS/CE acreage is 10.52 acres. However, a memo from the applicant's surveyor, dated August 20, 2003, verifies tha the total gross acreage is 10.88. This correction shall be reflected on the final parcel map, prior to recordation. 5. A parcel map drawn in substantial conformance Wth the PM PS approved tentative map, and in compliance with all conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. ITEM NUMBER: DATE: 09/02/03 Conditions of Approval / Mitigation Monitoring Timing Responsibility Mitigation Program /Monitoring Measure PM: Parcel Map TPM 2003-0041 (AT 03-0104) GP: Grading Prmt PS: Planning Services BP: Building Prmt BS: Building Services San Fernando and Balboa Roads TO: Temporary FD: Fire Department Occupancy PD: Police Department F0: Final CE: City Engineer Occupancy WW: Wastewater PI: Public CA: City Attorney Improvements AMWC: Atascadero Mutual Water Company 6. The subdivider shall defend, indemnify, and hold harmless Ongoing CA 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. 7. The parcel map shall be subject to additional fees for park PM PS or recreation purposes (QUIMBY Act) as required by City Ordinance. Project Specific Conditions 8. In conjunction with recordation of the parcel map, the PM PS applicant shall record an additional map sheet which identifies the open space easement area as a nonbuildable area, locates the building envelopes and leach fields and delineates a shared accessway from Balboa Road as shown on the conceptual grading and drainage plan and required by these conditions of approval and reviewed by Planning Services. 9. All future development on Parcels 2 and 3 shall share one GP PS/BS driveway approach off of Balboa Road to reduce the number of turn outs on the road and reduce the amount of grading on steeper slopes. Engineering 1. The applicant shall overlay the entire street frontage on PM CE Balboa Road. The width of the overlay shall be to the centerline plus 10 feet. 2. 3. The applicant shall address stormwater detention prior to grading and drainage approval. 4. In the event that the applicant is allowed to bond for any public improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 5. An engineer's estimate of probable cost shall be submitted ITEM NUMBER: DATE: 09/02/03 Conditions of Approval / Mitigation Monitoring Program TPM 2003-0041 (AT 03-0104) San Fernando and Balboa Roads Timing PM: Parcel Map GP: Grading Prmt BP: Building Prmt TO: Temporary Occupancy F0: Final Occupancy PI: Public Improvements Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company Mitigation Measure for review and approval by the City Engineer to determine the amount of the bond. 6. The Subdivision Improvement Agreement shall record concurrently with the Final Map. 7. All public improvements shall be constructed in conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 8. The applicant shall enter into a Plan Check/Inspection agreement with the City. 9. The applicant shall be responsible for the relocation and/or alteration of existing utilities. 10. The applicant shall install all new utilities (water, gas, electric, cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 11. The applicant shall monument all property corners for construction control and shall promptly replace them if disturbed. 12. A preliminary subdivision guarantee shall be submitted for review in conjunction with the processing of the parcel map. 13. All existing and proposed utility, pipeline, open space, or other easements are to be shown on the parcel map. If there are building or other restrictions related to the easements, they shall be noted on the parcel map. The applicant shall show all access restrictions on the parcel map. 14. Prior to recording the parcel map, the applicant shall pay all outstanding plan check/inspection fees. ITEM NUMBER: DATE: 09/02/03 Conditions of Approval / Mitigation Monitoring Program TPM 2003-0041 (AT 03-0104) San Fernando and Balboa Roads Timing PM: Parcel Map GP: Grading Prmt BP: Building Prmt TO: Temporary Occupancy F0: Final Occupancy PI: Public Improvements Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company Mitigation Measure 15. Prior to the final inspection of any public improvements, the applicant shall submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans. 16. Prior to recording the parcel map, the applicant's surveyor shall set monuments at all new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the parcel map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 17. Prior to recording the parcel map, the applicant shall submit a map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 18. Prior to recording the parcel map, the applicant shall have the map reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company indicating their review of the map. The letter shall identify any new easements that may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the parcel map. 19. Upon recording the final map, the applicant shall provide the City with a black line clear Mylar (0.4 mil) copy and a blue line print of the recorded map. Building /Fire Marshal: GP FD/PS/BS Interior fire sprinklers will be required whenever the grade of ITEM NUMBER: DATE: 09/02/03 Conditions of Approval / Mitigation Monitoring Timing Responsibility Mitigation Program /Monitoring Measure PM: Parcel Map TPM 2003-0041 (AT 03-0104) GP: Grading Prmt PS: Planning Services BP: Building Prmt BS: Building Services San Fernando and Balboa Roads TO: Temporary FD: Fire Department Occupancy PD: Police Department F0: Final CE: City Engineer Occupancy WW: Wastewater PI: Public CA: City Attorney Improvements AMWC: Atascadero Mutual Water Company accessways exceeds 16%. Water Company: PM AMWC 1. Prior to recordation of the Final Map, the applicant shall submit plans for review and approval by AMWC for all existing and proposed water distribution facilities that provide water service to the proposed Subdivision. The plans shall show all facilities required for fire protection. The plans shall show all cross -connection devices required to isolate the fire protection and landscape irrigation systems from the domestic water system. 2. Prior to the issuance of building permits, the applicant shall obtain a "Will Serve" letter from the Atascadero Mutual Water Company for the newly created Lots. 3. Prior to the start of construction, the applicant shall pay all installation and connection fees required by the Atascadero Mutual Water Company. 4. All water distribution facilities shall be constructed in conformance with Atascadero Mutual Water Company standards, policies and approved procedures. All cross - connection devices shall be constructed in conformance with AWWA and Department of Health Services standards. 5. Proposed Parcel's 2 & 3 will require separate water meters to be located on Balboa Rd. frontage. MITIGATION MEASURES Mitigation Measure 3.b.1: The project is conditioned to BS BS/PS 3.b.1 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 ITEM NUMBER: DATE: 09/02/03 Conditions of Approval / Mitigation Monitoring Program TPM 2003-0041 (AT 03-0104) San Fernando and Balboa Roads Timing PM: Parcel Map GP: Grading Prmt BP: Building Prmt TO: Temporary Occupancy F0: Final Occupancy PI: Public Improvements Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company Mitigation Measure • Maintain all construction equipment in proper tune according to manufacturer's specifications. • Fuel all off-road and portable diesel powered equipment, including but not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power units, with ARB certified motor vehicle diesel fuel (Non -taxed version suitable for use off-road). • Maximize to the extent feasible, the use of diesel construction equipment meeting the ARB's 1996 or newer certification standard for off-road heavy-duty diesel engines. • Install diesel oxidation catalysts (DOC), catalyzed diesels particulate filters (CDPF) or other District approved emission reduction retrofit services (Required for projects grading more than 4.0 acres of continuously worked area). Section 6.4: Activity Management Techniques • Develop a comprehensive construction activity management plan designed to minimize the amount of large construction equipment operating during any given time period. • Schedule of construction truck trips during non -peak hours to reduce peak hour emissions. • Limit the length of the construction workday period, if necessary. • Phase construction activities, if appropriate. Section 6.5: Fugitive PM10 All of the following measures shall be included on grading, demolition and building plan notes: A Reduce the amount of the disturbed area where possible. B. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non -potable) water should be used whenever possible. C. All dirt stockpile areas should be sprayed daily as ITEM NUMBER: DATE: 09/02/03 Conditions of Approval / Mitigation Monitoring Program TPM 2003-0041 (AT 03-0104) San Fernando and Balboa Roads Timing PM: Parcel Map GP: Grading Prmt BP: Building Prmt TO: Temporary Occupancy F0: Final Occupancy PI: Public Improvements Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company Mitigation Measure 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 revegatation 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 exceed 15 mph on any unpaved surface at the construction site. I. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114. J. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or was off trucks and equipment leaving the site. K. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. L. The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust off site. The name and telephone number of such persons shall be provided to the APCD prior to land use clearance for map recordation and land use clearance for finish grading of any structure. ITEM NUMBER: DATE: 09/02/03 ITEM NUMBER: DATE: 09/02/03 EXHIBIT C: Tentative Parcel Map Draft Resolution PC 2003-0072 TPM 2003-0041 PROPERTY OWNERS/SITE INFORMATION_ / / M\� rx carr-eee . es � -�� J �- TENTATIVE PARCEL MAP AT 03-0104 G21PHH: 9CIJL a ,ru ZONING /w „M —7 Han. as PARK A \ �\ w REFERENCES yQ RESERVATION - ws.avmo l / \\ \ rrrrua r. neo .w m rs vier � xdn r l °A d / :• �: PORTION OF as LOT a.( AIN 050-131-016 SROSWALD 785SEaALSOA\\\`\ ROAD \ — y�A� yQ\\\�\ \\\\ n oxmvrwr'.x sm..�A—s"sra aws ICY rr Z. 111161 mwsnerrNPursrmiu e+aror[ .,YW// -xr�Ad�//�//�i/�/��Ja.�°� /04/%��� — \ \ �\\ 1 ,r / / // /'%// ////r( IIII Il ..ra.,✓x ww• _ __--=;C—_ \`\�\\�\\u\\�\ \ //7/ Udni O m� i,7,1 r r arm. OWNER'S STATEAUNT amrm "•'"'"m"OMm'X° PARCEL A APN 050-131-029s'"s SABINA KATZER 2555 SAN FERNANDO ROAD Parcel 3 s,ro rnxsw ro rxs m w ar nvxume TM1N CITIES SURV6YINC INC. t mrw swz. / .a [mm w rori«rw—G1OMd r.,�.r.- anxro. 'sa ITEM NUMBER: DATE: 9-2-03 Planning Commission Staff Report Public Hearing Zone Change 2003-0061 / Conditional Use Permit 2003-0110 Tentative Parcel Map 2003-0047 (Tract 2446), 2955 Chico Road (Midland Pacific / Wilson Land Surveys) SUBJECT: The proposed project is a request for a zone change (ZCH), conditional use permit (CUP) and tentative parcel map (TPM). The zone change would establish a Planned Development No. 14 overlay on the site, subject to a master plan of development (CUP) that would encompass 2 single- family residences and an open space area on the three lots proposed by the tentative parcel map (TPM). Full urban services are available and the project would be subject to architectural and landscape design standards. The project site is a slight to moderately sloping lot currently developed with an industrial building and various accessory structures. The existing structures will be removed/demolished. RECOMMENDATION: Staff Recommends: Planning Commission adopt Resolution No. PC 2003-0079, recommending that the City Council introduce an ordinance for first reading to approve Zone Change 2003-0061; and, 2. Planning Commission adopt Resolution No. PC 2003-0080 recommending that the City Council approve Conditional Use Permit 2003-0110 for the Master Plan of Development subject to findings and conditions of approval; and, 3. Planning Commission adopt Resolution No. PC 2003-0081 recommending that the City Council approve Tentative Parcel Map 2003-0047, subject to findings and conditions of approval. ITEM NUMBER: 5 DATE: 9-2-03 SITUATION AND FACTS: 1. Applicant: Midland Pacific Building Corporation, 6955 El Camino Real, Atascadero, California 93422 Phone: 805/466-5100 2. Property Owner: Leroy Davis 6800 Graves Creek Road Atascadero, California 93422 3. Representative: Ken Wilson, Wilson Land Survey, 7600 Morro Road, Atascadero, California 93422 Phone: 805/466-2445 4. Project Address: 2955 Chico Road, Atascadero, CA 93422 APN 049-022-009 5. General Plan Designation: SFR -Y (Single Family Residential, 1 acre minimum) 6. Zoning District: RSF - Y (Residential Single Family, 1 unit per acre) 7. Site Area: 2.68 acres (gross) 8. Existing Use: Developed with industrial/commercial service structures 9. Environmental Status: Proposed project is consistent with the Environmental Impact Report prepared for "The Lakes" development, dated September 1998 and the Environmental Impact Report prepared for the General Plan Update, dated June, 2002 Site description: The site is located on the northeast corner of Chico Road and Union Pacific Railroad and is bisected by Paseo Del Lago, which extends east through the existing parcel and provides the entrance to the Lakes subdivision. Topography is relatively flat with a steep slope along the northern boundary of the lot. Currently, there are a few industrial/commercial service type buildings on the northern portion of the lot, which will need to be removed prior to recordation of the parcel map. ITEM NUMBER: DATE: 9-2-03 Project Site Lakes Subdivision i Easement Area T� Paseo Del Laan j Chico Traffic Way There is an existing easement over the southern portion of the project site that provides for ingress, egress, and public utilities to the Lakes subdivision. This area has been developed with a roadway (Paseo Del Lago) and landscaping to create an "entrance" to the Lakes subdivision. The site is surrounded by single-family residential uses. DISCUSSION: The proposed density is consistent with the general plan and zoning regulations. The General Plan designation is SFR Y (Single Family Residence, one acre minimum) and zoning is RSF-Y (Residential Single Family, one acre minimum). The project proposes two residential lots of .55 and .64 acres and one open space lot of 1.49 acres. Overall density is 1.34 acres per dwelling unit, which is consistent with PD 14's one unit/acre average density requirement. ITEM NUMBER: 5 DATE: 9-2-03 Analysis ofPlanninz Issues 1. Project Summary / PD -14 Consistency The proposed project will result in the development of two new single-family units on individual lots in accordance with the requirements of the PD -14 overlay district. The units will reflect the characteristics of the Lakes subdivision. The third parcel will remain as an open space parcel with landscaping and the existing access to the Lakes subdivision. PD 14 allows for the following: a. Maximum density shall not exceed one dwelling unit for each acre of land although individual lots may be smaller provided that the overall project density conforms to the specified maximum density. b. Individual lot sizes shall be established in conjunction with a tentative map and shall not be required to comply with minimum lot size criteria for the Residential Single Family zone (RSF-1) (1 acre minimum with sewer, 1.5 acre minimum without) provided that the overall density conforms to the specified maximum density. C. Design of the subdivision and construction of the project shall incorporate mitigation measures set forth in the Final Environmental Impact Report (EIR) prepared by Firma in September 1998. d. A tentative map showing the proposed division of land for the entire site shall be submitted and approved prior to any site development. The tentative map may propose a phasing plan for improvements and future land divisions. e. Individual lots created by the final map approved for the entire site shall not be permitted to be reduced in size by subsequent land division. The proposed project is consistent with the density limitations of PD 14 in that the site is 2.84 acres gross and 2 single family lots are being proposed. The lots would be smaller than the 1 -acre minimum, but the density would not be exceeded. The individual lot sizes will be established in conjunction with a tentative parcel map (TPM 2003-0047). The project has been conditioned to incorporate mitigation measures from the Firma EIR, completed in September 1998 and prepared for the Lakes Subdivision project. The EIR incorporated this project site in the environmental analysis. Project conditions also incorporate mitigation measures from the General Plan EIR, completed in June, 2002. The applicant has chosen two stock models (Plans 2537 and 2744) from those constructed within the Lakes subdivision as shown below. ITEM NUMBER: DATE: 9-2-03 2537 4/C Plan ITEM NUMBER: 5 DATE: 9-2-03 2744 5/C Plan The floor plans of these models are approximately 2,500 square -feet of living area with garages of approximately 600 square feet. The Master Plan of Development will cover 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. As conditioned, changes to the Master Plan of Development can be made by the Planning Commission in the future without Council action. Proposed Project Summary Lot 2 Lot 1 Lot Area 27,442 sf Building Footprint (so 3,500 sf Landscaped Area 3,000 sf Covered Parking 3 spaces Lot 2 Lot 3 27,878 sf 68,389 sf 3,500 sf Open Space 4,500 sf Open Space 3 spaces None 2. Design and Appearance The Master Plan of Development will control site design and appearance issues including landscaping and architecture. The project has been designed with two different single story floor plans that incorporate varying architectural materials, colors, and features. All trash storage and air conditioning condenser units will be screened from view. There are no existing native trees on the proposed residential lots and those on the proposed open space lot will be protected. ITEM NUMBER: 5 DATE: 9-2-03 co 9 n An � � a ITEM NUMBER: DATE: 9-2-03 The open space lot has been landscaped in accordance with a landscaping plan approved in conjunction with the Lakes subdivision. All landscape maintenance, including the installation and care of one 5 - gallon live oak on the individual lots will be the responsibility of the property owner. Maintenance of the open space lot will be the responsibility of the Lakes Homeowner's Association as stated in the Conditions, Covenants and Restrictions (CC&Rs) recorded with the final tract map for that project. 3. Project Benefits One of the required findings for the approval of a planned development rezone is that the project must "offer certain redeeming features to compensate for the requested modification." This project will result in a 1.49 -acre open space lot. This project provides an access way to the Lakes subdivision, along with a pedestrian path to Chico Road and retains and protects native trees on the open space lot. 4. Parcel Map A three -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 and off-site improvements. ITEM NUMBER: 5 DATE: 9-2-03 ITEM NUMBER: 5 DATE: 9-2-03 The applicant has agreed to record CC&Rs for the residential parcels that will incorporate many of the requirements of the Lakes CC&Rs but will not require the two residential lots to be responsible for amenities they will not benefit from (see letter dated July 29, 2003 from Midland Pacific attached as Attachment 2). Environmental Review: The project was originally evaluated in the FIRMA EIR prepared for the Lakes Subdivision in September of 1998. In addition, analysis of the residential density was completed with the General Plan Update EIR in June of 2002. Sections 15183 and 15153 of the California Environmental Quality Act state that further environmental review is unnecessary. Mitigation measures from these two documents have been incorporated into the conditions of approval for this project CONCLUSIONS: • The project density is in conformance with the General Plan; and • The subdivision is consistent with the Subdivision Ordinance; and • The project meets the Planned Development #14 standards contained in the City's Zoning Ordinance. ALTERNATIVES: 1. The Commission may recommend the City Council approve the project subject to additional or revised project conditions. The Commission's motion to approve needs to include any new or revised project conditions. 2. The Commission nny recommend denial of the project. The parcel would retain its designation of Residential Single Family, one acre minimum. 3. The Commission may continue the hearing and refer the item back to staff for additional information or analysis. Direction should be given to staff and the applicant on required information. ITEM NUMBER: DATE: 9-2-03 PREPARED BY: Kerry Margason, Associate Planner ATTACHMENTS: Attachment 1 -- Location Map (General Plan & Zoning) Attachment 2 -- Letter dated July 29, 2003 from Midland Pacific Attachment 3 -- Draft Resolution PC 2003-0080 Attachment 4 -- Draft Resolution PC 2003-0081 Attachment 5 -- Draft Resolution PC 2003-0079 ITEM NUMBER: DATE: 9-2-03 ATTACHMENT 1: Location Map (General Plan / Zoning) Zoning: RSF-Y (Residential Single Family, one acre minimum) General Plan: SFR -Y (Single Family Residential, one acre minimum) I Paseo Del Laan I Z'� I t [Traffic Way ATTACHMENT 2: Midland Pacific Building Corporation Letter, dated July 29, 2003 Planning Commission Resolution 2003-0079 September 2, 2003 Page 1 of 4 ATTACHMENT 3: DRAFT RESOLUTION NO. PC 2003-0079 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO RECOMMENDING THAT THE CITY COUNCIL APPROVE ZONE CHANGE 2003-0061 THEREBY AMENDING THE ZONING MAP DISTRICT OF APN 049-022-009 FROM RSF-Y (RESIDENTIAL SINGLE FAMILY, ONE ACRE MINIMUM) TO RSF-Y / PD -14 (RESIDENTIAL SINGLE FAMILY WITH A PD -14 OVERLAY DISTRICT) SUBJECT TO A MASTER PLAN OF DEVELOPMENT. (2955 Chico Road / APN 049-022-009 / Midland Pacific Corporation) WHEREAS, an application has been received from Midland Pacific Corporation, 6955 El Camino Real, Atascadero, California 93422, (Applicant), and LeRoy Davis, 6800 Graves Creek Road, Atascadero, California 93422 (Property Owner) to consider a project consisting of a zone change from RSF-Y (Residential Single Family, one acre minimum) to RSF-Y / PD -14 (Residential Single Family with Planned Development Overlay #14) with the adoption of a Master Plan of Development, and a three -lot residential parcel map, on a 2.68 acre lot located at 2955 Chico Road (APN 049-022-009); and, / WHEREAS, the site's General Plan Designation is SFR Y (Single Family Residential, one acre minimum); and, WHEREAS, the site's current zoning district is RSF-Y (Residential Single Family; one acre minimum); and, WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact this amendment to the Zoning Map to protect the health, safety and welfare of its citizens by applying orderly development of the City; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Change application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said zoning amendment; and, Planning Commission Resolution 2003-0079 September 2, 2003 Page 1 of 4 WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing held on September 2, 2003, studied and considered Zone Change 2003-0061, and, NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Findings for Approval of a Zone Change Creating a PD -14 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. 3. Benefits derived from the overlay zone cannot be reasonably achieved through existing development standards or processing requirements. 4. Proposed plans offer certain redeeming features to compensate for the requested modification. SECTION 2. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on September 2, 2003 resolved to recommend that the City Council introduce for fust reading an ordinance that would rezone the subject site consistent with the following: 1. Exhibit A: Zone Change Map Planning Commission Resolution 2003-0079 September 2, 2003 Page 1 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. 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: none (_ ) ADOPTED: September 2, 2003 CITY OF ATASCADERO, CA Roberta Fonzi, Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary Planning Commission Resolution 2003-0079 September 2, 2003 Page 1 of 4 Exhibit A: Zone Change Map ZCH 2003-0061 Existing Zoning: RSF-Y Proposed Zoning: RSF-Y(PD14) 2955 Chico Road APN 049-022-009 ATTACHMENT 4: DRAFT RESOLUTION NO. PC 2003-0080 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO RECOMMENDING THAT THE CITY COUNCIL APPROVE CONDITIONAL USE PERMIT 2003-0110, A MASTER PLAN OF DEVELOPMENT FOR THE PD -14 OVERLAY ZONING DISTRICT ON APN 049-022-009 (2655 Chico Road / APN 049-022-009 / Midland Pacific Building Corporation) WHEREAS, an application has been received from Midland Pacific Building Corporation, 6955 El Camino Real, Atascadero, California 93422, (Applicant), and LeRoy Davis, 6800 Graves Creek Road, Atascadero, California 93422, (Property Owner) to consider a project consisting of a zone change from RSF-Y (Residential Single Family, one acre minimum) to RSF-Y / PD -14 (Residential Single Family with Planned Development Overlay #14) with the adoption of a Master Plan of Development, and a three -lot residential tract map, on a 2.68 acre lot located at 2955 Chico Road (APN 049-022-009); and, WHEREAS, the site's General Plan Designation is SFR Y (Single Family Residential, one acre minimum); and, WHEREAS, the site's current zoning district is RSF-Y (Residential Single Family, one acre minimum); and, WHEREAS, the Planning Commission has recommended that a site be rezoned to include a PD -14 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 Public Hearing held on September 2, 2003, studied and considered the Master Plan of Development for Zone Change 2003-0061; and, NOW, THEREFORE, the Planning Commission takes the following actions: Planning Commission Resolution 2003-0081 September 2, 2003 Page 2 of 12 SECTION 1. Findings for Recommendation of Approval of Master Plan of Development. The Planning Commission finds as follows: 1. The proposed project or use is consistent with the General Plan; and, 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) including the PD -14 Ordinance; and, 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 September 2, 2003, resolved to recommend that the City Council approve Conditional use Permit 2003-0110, A Master Plan of Development for Zone Change 2003-0061 subject to the following: EXHIBIT A: CONDITIONS OF APPROVAL 2. EXHIBIT B: MASTER PLAN OF DEVELOPMENT & CONCEPTUAL LANDSCAPING PLAN 3. EXHIBIT C: ELEVATIONS Planning Commission Resolution 2003-0081 September 2, 2003 Page 3 of 12 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: September 2, 2003 CITY OF ATASCADERO, CALIFORNIA Roberta Fonzi, Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary Planning Commission Resolution 2003-0081 September 2, 2003 Page 4 of 12 EXHIBIT A: Conditions of Approval CUP 2003-0110: PD -14 Master Plan of Development Conditions of Approval Timing Responsibility Mitigation CUP 2003-0110 /Monitoring Measure PD -14 Overlay 2955 Chico Road BL: Business License PS: Planning Services GP: Grading Permit BS: Building Services BP: Building Permit FD: Fire Department FI: Final Inspection PD: Police Department TO: Temporary Occupancy CE: City Engineer F0: Final Occupancy WW: Wastewater CA: City Attorney Planning Services 1. The approval of this use permit shall become final and PS effective following the end of the referendum period for Zone Change 2003-0061 and providing an appeal of the project is not filed within 14 days of the City Councils approval of this CUP 2003-0110. 2. Approval of this Master Plan of Development shall be BP PS valid concurrently with the life of Tentative Parcel Map 2003-0047 (AT20-391) 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 within 2 years. 3. The Community Development Department shall have the BP/FM PS authority to approve minor changes to the project that (1) increase the intensity of the project by less than 10%, (2) result in a superior site design or appearance, and/or (3) address a construction design issue that is not substantive to the Master Plan of Development. The Planning Commission shall have the final authority to approve any other changes to the Master Plan of Development and any associated Tentative Maps. 4. All subsequent Tentative Parcel Maps and construction BP / FM PS permits shall be consistent with the Master Plan of Development contained herein. 5. All exterior elevations, finish materials and colors shall BP PS be consistent with the Master Plan of Development as shown in Exhibit C attached hereto. 6. All site work shall be consistent with the Master Plan of BP/FM PS Development as shown in EXHIBIT B, however, an additional landscaping plan shall be submitted for Planning Commission Resolution 2003-0081 September 2, 2003 Page 5 of 12 Conditions of Approval Timing Responsibility Mitigation CUP 2003-0110 /Monitoring Measure PD -14 Overlay 2955 Chico Road BL: Business License PS: Planning Services GP: Grading Permit BS: Building Services BP: Building Permit FD: Fire Department FI: Final Inspection PD: Police Department TO: Temporary Occupancy CE: City Engineer FO: Final Occupancy WW: Wastewater CA: City Attorney review in accordance with condition No.7 below. 7. A final landscape and irrigation plan, including the front BP PS yards of the residential lots, shall be approved prior to the issuance of building permits and included as part of the site improvement plan. All exterior meters, air conditioning units and mechanical equipment shall be screened with landscape material. 8. A five -gallon native oak tree shall be planted on Lots 1 FO PS and 2 prior to issuance of occupancy. Planning Commission Conditions 9. Decorative boulders shall be integrated into the BP PS landscaping along the driveway edges to discourage parking along the driveways or the driveway easement area over the open space lot can be combined into one access through the easement area and dividing at the property boundaries for parcels 1 and 2. 10. All construction activities onsite shall be in conformance BP PS with the mitigation measures contained in the Final EIR prepared by FIRMA and dated September 1998 as follows: Exhaust Emissions: Best Available Control Technology for emissions from construction equipment (CBACT) shall be applied to mobile equipment used extensively during the site preparation phase. (Examples might include scrapers, bulldozers, backhoes, and/or front end loaders. Fugitive Dust Emissions: The following dust control measures shall be implemented: • Reduce the amount of the disturbed area where possible. • 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 Planning Commission Resolution 2003-0081 September 2, 2003 Page 6 of 12 Conditions of Approval CUP 2003-0110 PD -14 Overlay 2955 Chico Road Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: 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 whenever possible. • All dirt stockpile areas should be sprayed daily as needed. • Permanent dust control measures identified in the approved project revegetation and landscape plans shall be implemented as soon as possible following completion of any soil disturbing activities. • Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading shall be sown with a fast -germinating native grass seed and watered until vegetation is established. • All disturbed soil areas not subject to revegetation shall be stabilized using approved chemical soil binder, jute netting, or other methods approved in advance by the APCD. • All roadways, driveways, sidewalks, etc, to be paved shall be completed as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. • Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. • All trucks hauling dirt, sand, soil, or other loose materials are to be covered or shall maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114. • Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment leaving the site. • 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. Planning Commission Resolution 2003-0081 September 2, 2003 Page 7 of 12 Conditions of Approval Timing Responsibility Mitigation CUP 2003-0110 /Monitoring Measure PD -14 Overlay 2955 Chico Road BL: Business License PS: Planning Services GP: Grading Permit BS: Building Services BP: Building Permit FD: Fire Department FI: Final Inspection PD: Police Department TO: Temporary Occupancy CE: City Engineer FO: Final Occupancy WW: Wastewater CA: City Attorney 11. An individualized reflectorized address sign shall be BP PS placed on the right hand side of each residence. 12. Exterior fencing shall be consistent with fencing BP PS materials used within the Lakes subdivision. 13. Open spaces and front yards shall be landscaped with FO PS drought tolerant materials and shall include the planting of native trees, as defined in the City's Native Tree Ordinance. 14. This Conditional Use Permit 2003-0110 is also subject Ongoing PS to the conditions of approval for Tentative Parcel Map 2003-0047 (AT 02-0391). - end of conditions - Planning Commission Resolution 2003-0081 September 2, 2003 Page 8 of 12 EXHIBIT B: Site Plan CUP 2003-0110: PD -14 Master Plan of Development and Conceptual Landscaping Plan UNION PAanC NMUMD J L Planning Commission Resolution 2003-0081 September 2, 2003 Page 9 of 12 EXHIBIT C Elevations CUP 2003-0110: PD -14 Master Plan of Development 2537 4/C Plan 2744 5/C Plan Planning Commission Resolution 2003-0081 September 2, 2003 Page 10 of 12 ATTACHMENT 5: DRAFT RESOLUTION NO. PC 2003-0081 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO RECOMMENDING THAT THE CITY COUNCIL APPROVE TENTATIVE PARCEL MAP 2003-0047 (AT 02-0391) THEREBY ALLOWING A THREE LOT SUBDIVISION OF APN 049-022-009 CONSISTENT WITH THE PD -14 MASTER PLAN OF DEVELOPMENT (CUP 2003-0110) (2955 Chico Road / APN 049-022-009 / Midland Pacific Building Corporation) WHEREAS, an application has been received from Midland Pacific Building Corporation, 6955 El Camino Real, Atascadero, California 93422, (Applicant), and LeRoy Davis, 6800 Graves Creek Road, Atascadero, California 93422, (Property Owner) to consider a project consisting of a zone change from RSF-Y (Residential Single Family, one acre minimum) to RSF-Y / PD -14 (Residential Single Family with Planned Development Overlay #14) with the adoption of a Master Plan of Development, and a three -lot residential tract map, TPM 2003-0047 (AT 02-0391) on a 2.68 acre lot located at 2955 Chico Road (APN 049-022-009); and, WHEREAS, the site's General Plan Designation is SFR Y (Single Family Residential, one acre minimum); and, WHEREAS, the site's current zoning district is RSF-Y (Residential Single Family, one acre minimum); and, WHEREAS, the Planning Commission has recommended that a site be rezoned to include a PD - 14 overlay with a Master Plan of Development allowing a three 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, Planning Commission Resolution 2003-0081 September 2, 2003 Page 11 of 12 WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing held on September 2, 2003, studied and considered Tentative Parcel Map 2003-0047 (AT 02-0391), and, NOW, THEREFORE, the Planning Commission takes the following actions: Section 1. Findings of Approval for Tentative Tract Map, the Planning Commission of the City of Atascadero finds as follows: 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 Planned Development Overlay District #14 Master Plan of Development (CUP 2003-0110). 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 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 September 2, 2003 resolved to recommend that the City Council approve the Tentative Parcel Map (TPM 2003-0047) subject to the following: Exhibit A: Tentative Parcel Map 2003-0047 2. Exhibit B: Conditions of Approval Planning Commission Resolution 2003-0081 September 2, 2003 Page 12 of 12 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: September 2, 2003 CITY OF ATASCADERO, CALIFORNIA Roberta Fonzi, Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary Planning Commission Resolution 2003-0081 September 2, 2003 Page 13 of 12 Exhibit A: Tentative Parcel Map TPM 2003-0047 (AT 02-0391) UNM PALM RMJWD mee a sees a o z Planning Commission Resolution 2003-0081 September 2, 2003 Page 14 of 12 EXHIBIT B: Conditions of Approval TPM 2003-0047 Conditions of Approval Timing Responsibility Mitigation 2955 Chico Road /Monitoring Measure Tentative Parcel Map 2003-0047 PM: Parcel Map GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services TO: Temporary Occupancy FD: Fire Department F0: Final Occupancy PD: Police Department Pl: Public Improvements CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company Planning Services 1. The approval of this tentative parcel map shall become PM PS final and effective following the end of the referendum period for Zone Change 2003-0061, subject to completion of the conditions of approval and providing an appeal of the project is not filed within 14 days of the City Council's approval of this tentative parcel map. 2. Approval of this Tentative Parcel Map shall be valid for PM 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 the PM PS authority to approve minor changes to the project that (1) result in a superior site design or appearance, and/or (2) address a construction design issue that is not substantive to the Tentative Parcel Map. 4. The Parcel Map shall be subject to additional fees for PM PS park or recreation purposes (QUIMBY Act) as required by City Ordinance. 5. The applicant shall record CC&R's for the subdivision FM subject to the review and approval of the City Engineer, City Attorney and Planning Department. 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. 6. The granting of this entitlement shall apply to the property On going PS located at 2955 Chico Road (APN 049-022-009) Planning Commission Resolution 2003-0081 September 2, 2003 Page 15 of 12 Conditions of Approval Timing Responsibility Mitigation 2955 Chico Road /Monitoring Measure Tentative Parcel Map 2003-0047 PM: Parcel Map GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services TO: Temporary Occupancy FD: Fire Department F0: Final Occupancy PD: Police Department PI: Public Improvements CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company regardless of owner. 7. The subdivider shall defend, indemnify, and hold Ongoing CA 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, concerning the subdivision 8. A parcel map drawn in substantial conformance with the PM PS approved tentative map, and in compliance with all conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 9. The final map shall be in conformance with the PM PS conditions of Planned Development Overlay Zone No. 14 and the conditions of approval for the Master Plan of Development CUP 2003-0110., Engineering Conditions: PROJECT SPECIFIC CONDITIONS 10. The developer shall reserve ingress and egress GP CE easements across Parcel 3 for the benefit of Parcels 1 and 2. 11. Water supply mains and fire hydrants shall be designed, GP CE installed and tested and approved by the Water Company an the Fire Department. 12. Zone Change 2003-0061 and Conditional Use Permit GP PS 2003-0110 shall be approved and effective prior to recordation of the final map. 13. This tentative parcel map approval shall expire in two (2) GP CE years from the date of final approval unless an extension of time is granted pursuant to a written request received prior to the expiration date of the map. Planning Commission Resolution 2003-0081 September 2, 2003 Page 16 of 12 Conditions of Approval Timing Responsibility Mitigation 2955 Chico Road /Monitoring Measure Tentative Parcel Map 2003-0047 PM: Parcel Map GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services TO: Temporary Occupancy FD: Fire Department F0: Final Occupancy PD: Police Department PI: Public Improvements CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company 14. In accordance with the Conditions of Approval for Tract GP CE 2271, the Lakes Subdivision, the at -grade railroad crossing on Chico Road shall be improved to conform to the improvement of Chico Road to City Standard Drawing No. 403 (Rural Collector) or as directed by the City Engineer. The railroad crossing improvements shall be reviewed and approved by the Public Utilities Commission (PUC) and Union Pacific Railroad (UPRR). The applicant shall submit evidence that the PUC and UPRR have reviewed and approved the improvements to the existing at -grade railroad crossing. 15. The applicant shall acquire title or interest in any offsite GP CE land that may be required to allow access to the subdivision and construction of the offsite improvements required by these conditions of approval. The applicant shall bear all costs associated with the acquisitions. The applicant shall gain concurrence from all adjacent property owners whose ingress or egress is affected by construction of the improvements required by these conditions of approval. 16. The applicant shall limit sotrm water discharge from the developed site to the design capacity of the downstream drainage improvements. The applicant shall demonstrate that the design capacity of the downstream drainage improvements, or natural watercourses, can adequately convey the total flow of storm water from the fully developed watershed plus the developed project site without adversely affecting other properties. Public Improvements: 17. All public improvements, drainage improvements, onsite GP CE road improvements and sewer improvements shall be constructed in conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 18. In accordance with the conditions of approval for the FO CE Lakes Subdivision, Chico Road shall be fully improved from the subdivision's northerly access to Traffic Way in conformance with City Standard Drawing No. 403 (Rural Planning Commission Resolution 2003-0081 September 2, 2003 Page 17 of 12 Conditions of Approval Timing Responsibility Mitigation 2955 Chico Road /Monitoring Measure Tentative Parcel Map 2003-0047 PM: Parcel Map GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services TO: Temporary Occupancy FD: Fire Department F0: Final Occupancy PD: Police Department PI: Public Improvements CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company Collector), or as directed by the City Engineer. 19. In accordance with the conditions of approval for the FO CE Lakes Subdivision, a streetlight shall be installed at the intersection of the project's access with Chico Road. 20. The applicant shall submit road improvement plans GP CE prepared by a registered civil engineer for review and approval by the City Engineer prior to recordation of the final map. Road improvement plans shall conform to the requirements of the city Standard Specifications, Section 2 — Preparation of Plans. R -value testing shall be done, and the pavement section designed by a registered civil engineer to the satisfaction of the City Engineer. In accordance with the conditions of approval for the Lakes Subdivision, offsite improvements shall be required reflecting approval of a sngle point of access at the northerly end of the subdivision. 21. All public improvements or improvements in the public GP CE right-of-way shall be secured with a 100% performance guarantee and a 50% labor and materials guarantee until the improvements are accepted as substantially complete by the City Engineer. Prior to the final inspection of the improvements, and before the other guarantees mentioned in this condition are released, a 10% maintenance guarantee shall be posted to cover the improvements for a period of 1 year from the date of the final inspection. The guarantee amounts shall be based on an engineer's estimate submitted by the project engineer and approved by the City Engineer. The estimate shall be based on City standard unit prices. The guarantees posted for this project shall be approved by the City Attorney. STANDARD CONDITIONS 22. All public improvements shall be constructed in FM CE conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 23. In the event that the applicant is allowed to bond for the Planning Commission Resolution 2003-0081 September 2, 2003 Page 18 of 12 Conditions of Approval 2955 Chico Road Tentative Parcel Map 2003-0047 Timing PM: Parcel Map GP: Grading Permit BP: Building Permit TO: Temporary Occupancy F0: Final Occupancy PI: Public Improvements Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company Mitigation Measure public improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 24. An engineer's estimate of probable cost shall be submitted for review and approval by the City Engineer to determine the amount of the bond. 25. The Subdivision Improvement Agreement shall record concurrently with the Final Map. 26. The applicant shall enter into a Plan Check/Inspection agreement with the City. 27. The applicant shall be responsible for the relocation and/or alteration of existing utilities. 28. The applicant shall install all new utilities (water, gas, electric, cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 29. The applicant shall monument all property corners for construction control and shall promptly replace them if disturbed. 30. The applicant shall acquire title interest in any off-site land that may be required to allow for the construction of the improvements. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress and egress is affected by these improvements. 31. Slope easements shall be provided as needed to accommodate cut of fill slopes. 32. Drainage easements shall be provided as needed to accommodate both public and private drainage facilities. 33. The final map shall be signed by the City Engineer prior Planning Commission Resolution 2003-0081 September 2, 2003 Page 19 of 12 Conditions of Approval 2955 Chico Road Tentative Parcel Map 2003-0047 Timing PM: Parcel Map GP: Grading Permit BP: Building Permit TO: Temporary Occupancy F0: Final Occupancy PI: Public Improvements Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company Mitigation Measure to the map being placed on the agenda for City Council acceptance. 34. Prior to recording the parcel map, the applicant shall submit a map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 35. Prior to recording the parcel map, the applicant shall set monuments at all new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the parcel map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 36. Prior to recording the parcel map, the applicant shall pay all outstanding plan check/inspection fees. 37. Prior to recording the parcel map, the applicant shall complete all improvements required by these conditions of approval. 38. Prior to recording the parcel map, the applicant shall have the map reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company indicating their review of the map. The letter shall identify any new easements that may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the map. 39. Upon recording the final map, the applicant shall provide the City with a black line clear Mylar (0.4 mil) copy and a blue line print of the recorded map. Planning Commission Resolution 2003-0081 September 2, 2003 Page 20 of 12 Conditions of Approval 2955 Chico Road Tentative Parcel Map 2003-0047 Timing PM: Parcel Map GP: Grading Permit BP: Building Permit TO: Temporary Occupancy F0: Final Occupancy PI: Public Improvements Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company Mitigation Measure 40. Prior to the final inspection of any public improvements, the applicant shall submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans. 41. Prior to the final inspection, the applicant shall submit a written certification from a registered civil engineer or land surveyor that all survey monuments have been set as shown on the final map. 42. An encroachment permit shall be obtained prior to any work within City rights of way. 43. Prior to the issuance of building permits the applicant shall submit a grading and drainage plan prepared by a registered civil engineer for review and approval by the City Engineer. 44. All existing and proposed utility, pipeline, open space, or other easements are to be shown on the final map. If there are building or toher restrictions related to the easements, they shall be noted on the final parcel map. 45. The applicant shall submit a preliminary subdivision guarantee for review in conjunction with the processing of the final parcel map. 46. A Mylar copy and a blue line print of as -built improvement plans, signed by the registered engineer who prepared the plans shall be provided to the City Engineer prior to the final inspection. 47. The applicant shall pay all sewer annexation fees prior to recordation of the final parcel map. 48. The applicant shall submit a composite utility plan signed by a representative of each public utility and the Atascadero Mutual Water Company. The composite utility plan shall also be signed by the City Chief of Wastewater Operations. Planning Commission Resolution 2003-0081 September 2, 2003 Page 21 of 12 Conditions of Approval Timing Responsibility Mitigation 2955 Chico Road /Monitoring Measure Tentative Parcel Map 2003-0047 PM: Parcel Map GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services TO: Temporary Occupancy FD: Fire Department F0: Final Occupancy PD: Police Department PI: Public Improvements CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company Atascadero Mutual Water Company (AMWC): 49. Prior to approval of the water system plans by the AMWC, IP AMWC the applicant shall pay all installation and connection fees required by AMWC. 50. Prior to recording the parcel map the applicant shall IP AMWC obtain a "Will Serve" letter from Atascadero Mutual Water Company. 51. All water distribution facilities shall be constructed in IP AMWC conformance with AMWC standards, policies and approved procedures. 52. Manifold water meters per approved AMWC standards. IP AMWC Each individual home requires separate service line from separate meters. AMWC shall set all meters. 53. Water service lines shall be located in appropriate FM/1P AMWC easements. 54. All fire hydrant spacing shall meet Atascadero Fire IP AMWC Department Standards. Building Department Conditions 55. A soils investigation prepared by a licensed BP BS 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 Conditions 56. A fire hydrant must be provided within 400 feet of the BP FD project street frontage. 57. Provide appropriate address signage at each residence. BP FD Planning Commission Resolution 2003-0081 September 2, 2003 Page 22 of 12