Loading...
HomeMy WebLinkAboutPC_2003-09-16_AgendaPacketCITY OFATASCADERO PLANNING COMMISSION AGENDA Regular Meeting September 16, 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 SEPTEMBER 2, 2003. COMMUNITY DEVELOPMENT STAFF REPORTS 2. TREE REMOVAL PERMIT 2003-0039: 8270 TOLOSO ROAD Request to remove thirty-three (33) native oak trees, two of which are in excess of 24 "dbh, in conjunction with the development of an 3,416 square foot single-family home located at 8270 Toloso Road (APN 056-411-023) Staff recommends: The Planning Commission adopt Resolution PC 2003-0091 to approve the request to remove thirty-three (33) native oak trees subject to the guidelines and mitigation required by the Atascadero Native Tree Ordinance. 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).) 3. EL CENTRO PD MPD AMENDMENT Applicant: Steve Nino, 910 Monterey St #2, Hollister, CA 95023 Project Title: EI Centro Oaks: Amendment to the Master Plan of Development (General Plan Amendment 97005, Zone Change 97005, Tentative Tract Map 99008 Project Location: EI Centro Road and Cascada Road, Atascadero, CA 93422 Location: APN 030-522-030 Project The proposed project is an amendment to the original Master Plan of Development for EI Description: Centro Oaks PD -7 in regards to project fencing design and location. General Plan Designation: HDR Zonin District: RMF-16/PD-7 Proposed CEQA Exempt. The proposed modifications are within the scope of the project Mitigated Environmental Negative Declaration certified on October 12, 1999. Determination new homes will range in size from 2,090 square feet to 2,110 square feet. The existing home 4. ZCH 2003-0048, CUP 2003-0098, TTM 2003-0032: 4900 OBISPO 8 -LOT PD -17 Applicant: Ron Shores, 2940 Ardilla Way, Atascadero, CA 93422 Phone: 805/466-2767 Project Title: Zone Change 2003-0048, Conditional Use Permit 2003-0098, Tentative Tract Map 2003- 0032 for an 8 -lot single-family residential subdivision. Project 4900 Obispo Road, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 049-102-055 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 a 2.36 - acre parcel consisting of seven 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 -17 overlay district with the Residential Single Family -X (RSF-X) zoning district. The project will include 8 lots ranging approximately from 0.25 of an acre to 0.39 of an acre. The new homes will range in size from 2,090 square feet to 2,110 square feet. The existing home will remain in its present size and location. The project includes one home per lot each with a two car attached garage and driveway. The project will not require removal of any native oak trees. General Plan Designation: Single Family Residential -X Zoning District: Residential Single Family -X 5. ZCH 2003-0045, TPM 2003-0040, CUP 2003-0094: 5516 TUNITAS 4 -LOT PD -7 Applicant: Beauwest, LLC / Thibeault, Larry, 7400 Balboa, Atascadero, CA 93422. Project Title: Phone: 805/550-5857 Project Title: 5516 Tunitas Avenue Colony House; Zone Change 2003-0045, Conditional Use Permit Project 2003-0094; Tentative Parcel Map 2003-0040 for a 4 -lot PD -7 subdivision Project 5516 Tunitas Avenue, Atascadero, CA 93422 (Single Family Residence) Location: (San Luis Obispo County) APN 029-081-003. Project The proposed project consists of an application for a Zone Change, Conditional Use Permit, Description: and Tentative Parcel Map. The proposed project consists of three new single-family homes and the retention of one existing historic single-family home located on individual lots that will be developed under the requirements of the PD -7 overlay district within the Residential Multi - Family (RMF -10) zoning district. The two proposed residences nearest Rosario Avenue (Unit A & B) are approximately 2269 square feet. The third proposed residence nearest Tunitas (Unit C) is approximately 1287 square feet. The existing 1040 square foot home will remain in its present size and location. The project includes one home per lot each with a two -car garage. No native oak trees will require removal. General Plan Designation: Medium Density Residential — MDR Zoning District: Residential Multiple Family — RMF -10 6. TTM 2003-0029, RAB 2003-0012 ENCINO/ATAJO 6 LOT Map Applicant: Don Messer PO Box 1958, Atascadero, CA 93422, 805/466-0549 Project Title: Road Abandonment 2003-0012 Tentative Tract Map 2003-0029 Project 4.5 vacant acres located at the end of Encino Road between Atajo Road, Atascadero, CA Location: 93422 (San Luis Obispo County) APN 031-091-005, 006, 008, 009, 031-092-016 Project The proposed project consists of an application for Road Abandonment and a six lot tract Description: map. The project would result in the abandonment and realignment of a portion of Encino Road and the adjustment of six existing lots of record, no new lots would be created. The purpose of the project is to minimize hillside grading and impacts to native trees. The site is consists of steep wooded slopes with Live Oak and White Oak woodlands and a portion of an un -named blue line creek. The project includes the removal of 133 native oak trees. General Plan Designation: SFR -Z (Single -Family Residential 1.5 — 2.5 acre minimum lot size) Zoning District: RSF- Z (Residential Single -Family 1.5 — 2.5 acre minimum lot size) COMMISSIONER COMMENTS & REPORTS DIRECTOR'S REPORT ADJOURNMENT The next regular meeting of the Planning Commission will be October 2, 2003 at City Hall in the 4th Floor Rotunda, 6500 Palma Avenue, Atascadero. Please note: Should anyone challenge in court any proposed development entitlement listed on this Agenda, that person may be limited to raising those issues addressed at the public hearing described in this notice or in written correspondence delivered to the Planning Commission at/or prior to this public hearing. \\CityhaII\CDvlpmnt\-- PC Agendas\PC 2003\PC Agenda. 09-16-03.word.am.doc City ofAtascadero WELCOME TO THE ATASCADER0 PLANNING COMMISSION MEE TING The Planning Commission meets in regular session on the first and third Tuesday of each month at 7: 00 p.m., in the Rotunda of City Hall. Matters are considered by the Commission in the order of the printed Agenda. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the Community Development Department and are available for public inspection during City Hall business hours at the Permit Center counter. An agenda packet is also available for public review at the Atascadero Library, 6850 Morro Road. All documents submitted by the public during Commission meetings that are either read into the record or referred to in their statement will be noted in the minutes and available for review in the Community Development Department office. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager's Office, (805) 461-5010, or the City Clerk's Office, (805) 461-5074. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK ON AGENDA ITEMS Members of the audience may speak on any item on the agenda. The Chairperson will identify the subject, staff will give their report, and the Commission will ask questions of staff. The Chairperson will announce when the public comment period is open and will request anyone interested to address the Commission regarding the matter being considered to step up to the podium. If you wish to speak for, against or comment in any way: • You must approach the podium and be recognized by the Chairperson • Give your name and address (not required) • Make your statement • All comments should be made to the Chairperson and Commission • All comments limited to 5 minutes (unless changed by the Commission) • No one may speak for a second time until everyone wishing to speak has had an opportunity to do so, and no one may speak more than twice on any item. The Chairperson will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Commission. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, "PUBLIC HEARINGS," the Chairperson will call for anyone from the audience having business with the Commission to: • Please approach the podium and be recognized • Give your name and address (not required) • State the nature of your business This is the time items not on the Agenda may be brought to the Commission's attention. A maximum of 30 minutes will be allowed for Community Forum (unless changed by the Commission). Cdvlpmnt/PC Agenda/ -Welcome and meeting information1doc ITEM NUMBER: 1 DRAFT DATE: 09/16/03 CITY OFATASCADERO PLANNING COMMISSION MINUTES Regular Meeting September 2, 2003 — 7:00 P.M. CALL TO ORDER Chairperson Fonzi called the meeting to order at 7:01 p.m. and Commissioner Bentz led the Pledge of Allegiance. ROLL CALL Present: Commissioners Bentz, Beraud, O'Keefe, Porter, Vice Chairperson Kelley and Chairperson Fonzi Absent: Commissioner Jones Staff: Community Development Director Warren Frace, Planning Services Manager Steve McHarris, City Engineer Steve Kahn, Associate Civil Engineer Jeff van den Eikhof, Associate Planner Kerry Margason, Fire Captain Roland Snow and Recording Secretary Grace Pucci. APPROVAL OF AGENDA There was Commission consensus to approve the agenda. PUBLIC COMMENT None CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON AUGUST 19, 2003. MOTION: By Vice Chairperson Kelley and seconded by Commissioner O'Keefe to approve the Consent Calendar. AYES: Commissioners O'Keefe, Bentz, Porter, Kelley and Chairperson Fonzi NOES: None ABSTAIN: Commissioner Beraud Motion passed 5:0 by a roll -call vote. COMMUNITY DEVELOPMENT STAFF REPORTS None PUBLIC HEARINGS 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 conditions of approval and the business' compatibility with the neighborhood. General Plan Designation: Single Family Residential'/2 acre (SFR -X) Zoning District: RSF-X t Community Development Director Warren Frace provided the staff report and answered questions of the Commission. PUBLIC COMMENT Kacey Sullivan, 5450 Carrizo Road, read from a prepared statement expressing her concerns with the Conditional Use Permit. (Exhibit A) Mrs. Sullivan answered questions of the Commission. Jamie Warner, 5350 Carrizo Road, stated he lives next to the Ralph's Custom Meats operation and has no problem with the business. He feels the owner has gone out of his way to accommodate the neighbors' needs. Tom Dorsey, owner Ralph's Custom Meats, indicated he has owned the business for 4 1/2 years. He has tried to take care of any problems that have arisen as well as upgrading the area of his business. Mr. Dorsey gave a brief history of his efforts to comply with the City's requirements and answered questions of the Commission. Anne Ketcherside expressed her support for Ralph's Custom Meats indicating that it has been a life-long business in Atascadero. Brian McAllister, 4435 Carrizo Road, stated he agreed with Mrs. Sullivan's comments. He was concerned with the large semi's that service the business and feel they are too big for a residential area. Kathleen Vaughan, Del Rio Road, knew Ralph and Linda McCornack the original owners who ran the business as a "mom and pop" operation, however she feels it has grown into a different sort of business now and belongs on El Camino Real or some other areas zoned for this type of operation. Jim Fogle, employee of Ralph's Custom Meats and occupant of the home on the property, stated he has been with Mr. Dorsey since he took over the business. He related the ways in which Mr. Dorsey has tried to address the issues raised by the neighbors and how he has improved the property. Chairperson Fonzi closed the Public Comment period. Vice Chairperson Kelley stated he understands both sides of this issue. He is hopeful that the parties, along with the City, will try to work out the issues of concern. He feels the most disruptive issue is traffic, and perhaps a schedule can be arranged to make the truck traffic less of an impact on the neighborhood. Vice Chairperson Kelley stated that the original intent of the business was for a mom and pop operation and the burden now falls on Mr. Dorsey to make his business compatible within the neighborhood. Commissioner O'Keefe expressed her concerns that the original conditions under which the permit was granted are not being complied with. Though no longer a mom and pop business, they are apparently providing a valuable service, but in the wrong location. She feels the size of the business may adversely affect property values in the area. Commissioner Bentz felt more information was needed to determine if the business is at a level to meet the conditions of the Use Permit. He also can see the arguments on both sides and asked staff for the following additional information: 1) research on original building permits issued, 2) original Health Department letter, 3) copies of application for business license, 4) square footage of all structures on the site and comparison to the structures that were originally approved, and 5) sales tax permit for current operator. He also felt the current owner could provide the Commission with figures of his current sales volume. Commissioner Beraud offered the following as possible amendments to the conditions for this Use Permit: 1) trucks will not idle, 2) trucks can only be on the premises, not on the street, and 3) work must be completed within the building. She also felt retail sales were not an appropriate use in a single-family neighborhood, and that either the conditions of approval be firmed up, or the applicant should be asked to relocate to a commercial area. Commissioner Porter felt no decision should be made at this time but should be deferred until the Commission receives all information requested. Chairperson Fonzi restated the Commissions information requests as follows: 1) What building permits have been granted in the past and at the present time? 2) A copy of the Health Department permits regarding the use on the property. 3) Square footage of all buildings on the site. 4) Whether there is a sales tax permit, and if it is possible to gauge the retail sales volume. 5) Delivery schedule to be placed within the CUP restricting the hours of delivery. 6) Traffic to be monitored on the site to determine if there is excess traffic and if traffic mitigation measures should be put into place. 7) A condition that trucks must be on the premises and not on the street. 8) A condition that all work is done in the building. 9) A brief history of the business indicating if volume has increased in the last three years over the original owners use. Director Frace asked for direction regarding the residency requirement. After a brief discussion there was Commission consensus (4:2, O'Keefe and Beraud opposed) that residency need not be a major requirement for granting the CUP. Chairperson Fonzi suggested staff provide information on how many employees are currently living in the house, and felt the problem is less the number of residents on the property, but rather the level of service offered now and the number of employees on site. She feels there needs to be a nexus between the amount of retail service and the amount of business actually be conducted on the site. 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: 4344252 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. Vice Chairperson Kelley stepped down from consideration of this item citing a donation received from the applicant during the City Council election. Planning Services Manager Steve McHarris provided the staff report and answered questions of the Commission. Tim Roberts, civil engineer and applicant's representative, gave a history of the project stating that it was the applicant's goal to provide real affordable housing that looks like single-family housing. Mr. Roberts addressed issues raised by the Commission and answered their questions. Frank Henderson, project architect, answered questions of the Commission. PUBLIC COMMENT Jennifer Fanning, La Costa Court, discussed her concerns with this project including: 1) width of La Costa Court, 2) emergency vehicle turnaround, 3) safety of intersection of La Costa, El Camino Real and San Diego, 4) parking on La Costa when the guest parking for this project is full, and 5) safety of children in the street with the increased car traffic out of this development. She suggested putting in single-family housing or, if town houses are built, to require an access road through the empty adjacent lot. She would like to see a smaller development on this site. Tanya Pennington, La Costa Court, stated she was opposed to filling the remaining 2.9 acres in her neighborhood with a 40 lot multifamily residential subdivision, as well as the high-density residential zone change. She is would be in favor of building something on this site that would be consistent with the development in which she lives. Jerry Pennington, La Costa Court, expressed his concerns with the impacts of traffic in his neighborhood as well as the width of the road. He would like the new development to be consistent with the homes in his neighborhood. Tim Roberts answered questions raised by the public. Chairperson Fonzi asked staff and the applicant's representative to address the issues raised during Public Comment period. Chairperson Fond closed the Public Comment period. Chairperson Fond recessed the hearing at 9:32 p.m. Chairperson Fond called the meeting back to order at 9:46 p.m. Commissioner O'Keefe made the following comments on this project: 1) Questioned staff's interpretation of the General Plan regarding medium density residential and high density residential. 2) Lack of project benefits. 3) Compatibility finding for the CUP; this development is very linear and not consistent with the existing neighborhood. 4) This project does not meet the interim inclusionary housing ordinance. Commissioner O'Keefe indicated that given the way this project is currently presented, she is unable to support it. Commissioner Bentz disagreed with Commissioner O'Keefe and felt all the objections raised have been adequately addressed in the staff report. He felt the project was a good one and meets all the requirements he would look for. Commissioner Porter agreed with Commissioner Bentz and commented that this developer is bringing the City the type of project it needs. He felt a 10'x10' backyard is adequate for a first time homeowner. In his opinion this is a quality development, and he is in full support of the project. Commissioner Beraud would like to see more benefits in this project, however she feels the affordable housing to be provided overrides some of those concerns. Chairperson Fonzi indicated that she was torn on this project. She cannot see that it is truly compatible with the neighborhood and it will increase traffic in the area, however, the City needs this type of housing especially units with three bedrooms. She is concerned with the lack of recreational area in this project. She suggested removing some of the guest parking at the entrance to the project and using it for a recreation area for the children. Chairperson Fonzi stated she could support this project, with reservations, and hopes the developer will meet with residents and help them to understand what he would do to try to calm the traffic, etc. There was Commission discussion of Chairperson Fonzi's suggestion regarding parking versus recreational space. Tim Roberts, applicant's representative, stated that the applicant would be happy to remove eight parking spaces and open that area up for recreational use. MOTION: By Commissioner Bentz and seconded by Chairperson Fonzi to adopt Resolution No. PC 2003-0082 recommending that the City Council certify Proposed Mitigated Negative Declaration 2003-0024; and, 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, 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 -20 overlay district based on findings; and, 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, adopt Resolution No. PC 2003-0086 recommending the City Council approve Vesting Tentative Tract Map 2002-0018, based on findings an subject to Conditions of Approval and Mitigation Monitoring, and allowing for eight parking spots to be converted to a park. AYES: Commissioners Bentz, Beraud, Porter and Chairperson Fonzi NOES: Commissioner O'Keefe ABSTAIN: None Motion passed 4:1 by a roll -call vote. Vice Chairperson Kelley rejoined the meeting. 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 (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 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. Associate Planner Kerry Margason provided the staff report and answered questions of the Commission. PUBLIC COMMENT Sandy Summers, applicant, gave a history of the project and requested the Commission provide for the option of separate driveways. Chairperson Fond closed the Public Comment period. Commissioner O'Keefe stated that despite her repeated requests, the site was not identified and she was unable to tell where the site actually was. Additionally, there was no readable map included in the packet; the drawings provided made it impossible for her to analyze the project. She would like clearer pictures in the future and asked that perk rates be included in the staff report. Commissioner O'Keefe stated she has made a policy that she will not vote for a project if she does not have adequate information to be able to access it. MOTION: By Vice Chairperson Kelley and seconded by Commissioner Porter to 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 and modifying Condition No. 9 to allow the application the option to choose the location of the driveway based upon approved City standards, and correcting Condition No. 8 to read: In conjunction with recordation of the parcel map, the 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 eaneepti AYES: Commissioners Porter, Bentz, Kelley and Chairperson Fonzi NOES: Commissioners Beraud and O'Keefe ABSTAIN: None Motion passed 4:2 by a roll -call vote. Commissioner Beraud indicated that she voted no because she did not agree with the option on the driveway. 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 Vice Chairperson Kelley stepped down from consideration of this item citing a donation received from the applicant during the City Council election. Associate Planner Kerry Margason provided the staff report and answered questions of the Commission. PUBLIC COMMENT Ken Wilson, 7600 Morro Road, applicant's representative, stated that the purpose of this subdivision is to provide an improved entrance to the Lakes development. He requested that the requirement for boulders be deleted from the Conditions of Approval. Mr. Wilson answered questions of the Commission. Chairperson Fond closed the Public Comment period. Commissioner Porter stated that this project would be an improvement to what is currently there and even if this project were outside of the gate, it would still be part of the general Lakes area. MOTION: By Commissioner Bentz and seconded by Commissioner Beraud to adopt Resolution No. PC 2003-0079, recommending that the City Council introduce an ordinance for first reading to approve Zone Change 2003-0061; and 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, adopt Resolution No. PC 2003-0081 recommending that the City Council approve Tentative Parcel Map 2003-0047, subject to findings and conditions of approval with the following changes: 1. Correct Condition of Approval No. 14 of Resolution PC 2003-0081 to read: "prior to final occupancy" as opposed to "prior to grading permit." 2. Clarify Condition of Approval No. 9 of Resolution PC 2003-0080 to read "as a part of the final landscaping plan, the applicant shall integrate decorative borders into the landscaping along the driveway edges to discourage parking along the driveways or the driveway easement where the access for both lots shall be combined to allow for two-way traffic through the easement area dividing at the property boundaries for parcels one and two. 3. Storm water discharge shall not exceed the design capacity of the downstream drainage improvements. 4. Eliminate the boulder requirement. AYES: Commissioners Bentz, Beraud, O'Keefe, Porter and Chairperson Fonzi NOES: None ABSTAIN: None Motion passed 5:0 by a roll -call vote. Vice Chairperson Kelley rejoined the meeting. COMMISSIONER COMMENTS & REPORTS Commissioner Beraud inquired if the Lakes development was violating the lighting ordinance by the way they light their entrance. She indicated that she has received many comments about this from the public. Director Frace stated that no complaints have been received, however staff could take a look at it and insure that the lights are properly screened. Regarding the 3-F Meadows expansion project, Commissioner Beraud asked if it would be appropriate to have a group of public people look at it. Director Frace stated that at this time it is an active construction site but the Planning Commission can inspect sites during construction and staff could arrange a tour for any interested Commissioners. Commissioners Beraud, Porter and Chairperson Fonzi expressed interest. Commissioner O'Keefe referred to the 3-F project and development fees. She asked if the City's development fees are to be paid. Director Frace stated that redevelopment isn't doing anything about development fees on 3-F, but he thinks the City Attorney may be working on the issue. Chairperson Fonzi stated that she wandered around the room during the break and heard nothing but good things about the way staff is working with the public. DIRECTOR'S REPORT None ADJOURNMENT Chairperson Fonzi adjourned the meeting at 10:51 p.m. to the next regularly scheduled meeting on September 16, 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 — Kacey Sullivan, prepared statement and photographs Exhibit B — Tom Dorsey, handout of 2 letters and a petition Community Development Staff Report Tree Removal Permit TRP 2003-0039 (8270 Toloso Road: Messer/Tonneson) SUBJECT: Request to remove thirty-four (34) native oak trees, two (2) of which are 24 -inches or greater in diameter. The tree removal would facilitate the development of a 3,416 square foot single- family residence with an attached garage located at 8270 Toloso Road. RECOMMENDATION: Staff recommends: The Planning Commission adopt Resolution PC 2003-0091 to approve a request for removal of twenty-four (24) trees, including two native oak trees 24 inches or greater in diameter, as conditioned. SITUATION AND FACTS: 1. Applicant: Mike Messer, 9265 Carmelita Avenue, Atascadero, CA 93422,(805)466-6001 2. Certified Arborist: Art Tonneson, 869 Sunnyside, Santa Maria, CA 93455, (805)937-8489 3. Project Address: 8270 Toloso Road, Atascadero, California 93422 APN 056-411-023 ANALYSIS: The applicant has proposed a 3,416 square foot single-family residence on the project site. The project site is comprised of moderate to steep slopes ranging from 12% to 30% and greater. Toloso Road fronts the property and will provide access. The majority of the parcel is comprised of native grasses and scattered oak clusters. Staff has worked with the applicant in an attempt to reduce the number of trees requested for removal. In response to staff comments, the applicant has revised the site plan as discussed in a letter dated July 25, 2003, and as shown in Attachment 3. Staff has determined that the trees numbered 25 through 33 and one unnumbered tree could be protected by the use of retaining walls and, therefore would not require removal. The City of Atascadero's Tree Ordinance requires that a certified arborist prepare an accurate and appropriate Tree Protection Plan and that appropriate mitigation for native tree removals be implemented as a condition of the project. The applicant submitted a Tree Protection Report and staff reviewed the recommendations. The arborist report's findings conclude that the native oak trees to be removed are obstructing proposed improvements that cannot be reasonably redesigned to avoid the need for tree removal. The trees greater than 24 inches dbh are shown below. Staff is recommending that retaining walls be included in the project design, which would allow protection of 10 trees. The remaining 24 trees proposed for removal would be mitigated by payment of $4,933.33 into the City's Tree Replacement Fund. If trees 25 through 33 and the one unnumbered tree are removed, the mitigation payment would be $6,233.33. The proposed mitigation is shown in the table on the following page: TREE MITIGATION TABLE FOR ALL TREES TREE MITIGATION TABLE FOR REMOVAL OF 24 TREES Evergreen Native Trees (inches) Deciduous Native Trees (inches) dbh notes dbh notes 8 12 -inches 1 12 -inches 10 18 -inches 2 12 -inches 3 8 -inches 4 12 -inches 5 21 -inches 6 10 -inches 7 23 -inches 9 4 -inches 11 5 -inches 12 8 -inches 13 14 -inches 14 6 -inches 15 8 -inches 16 10 -inches 17 8 -inches 18 8 -inches 19 8 -inches 20 12 -inches 21 24 -inches 22 24 -inches 23 22 -inches 24 16 -inches 25 0 -inches Recommend Save 26 0 -inches Recommend Save 27 0 -inches Recommend Save 28 0 -inches Recommend Save 29 0 -inches Recommend Save 30 0 -inches Recommend Save 31 0 -inches Recommend Save 32 0 -inches Recommend Save 33 0 -inches Recommend Save No Num 6 -inches No Num 0 -inches Recommend Save Total 30 -inches Mitigation Requirement req'd tree replacements: 5 five gal trees Proposed Replanting 0 five gal trees 0 box trees 24" Remaining Mitigation 5 five gal trees Tree Fund Payment: $ 250.00 FINDINGS: Totals Total 281 -inches I 311 -inches req'd tree replacements: 94 five gal trees 99 five gal trees Proposed Replanting 0 five gal trees 0 five gal trees 0 box trees 24" 0 box trees 24" Remaining Mitigation 94 five gal trees 99 five gal trees Tree Fund Payment: $ 4,683.33 1 $ 4,933.: Pursuant to the Tree Ordinance (Ordinance No. 214), "decisions on native tree removals of 24 -inch dbh-size or larger shall be made by the Planning Commission." In considering any tree removal request, at least one of the below stated following findings must be made. Staff has identified finding #5 as appropriate for the application request with staff conditions included. 1) The tree is dead, diseased or injured beyond reclamation, as certified by a tree condition report from an Arborist; 2) The tree is crowded by other healthier native trees, thinning (removal) would promote healthier growth in the trees to remain, as certified by a tree condition report from an Arborist; 3) The tree is interfering with existing utilities and/or structures, as certified by a report from the Site Planner; 4) The tree is inhibiting sunlight needed for existing and/or proposed active or passive solar heating or cooling, as certified by a report from the Site Planner; 5) The tree is obstructing proposed improvements that cannot be reasonably des i ng ed to avoid the need for tree removal, as certified by a report from the Site Planner and determined by the Community Development Department based on the following actors: • Early consultation with the City; • Consideration of practical design alternatives; • Provision of cost comparisons from applicant) for practical design alternatives; • Esaving tree eliminates all reasonable uses of the property; or • Ifsaving the tree requires the removal of more desirable trees. CONCLUSION: The applicant has a submitted tree protection plan with findings from a Certified Arborist. Staff has conditioned the project to include the use of a retaining wall at the northern edge of the proposed site improvements to protect 10 additional trees. The remaining 24 trees determined to be obstructing proposed improvements cannot be reasonably designed to avoid the need for tree removal, as certified by the Community Development Department, and therefore meet the required findings for removal. PREPARED BY: Kerry Margason, Associate Planner ATTACHMENTS: Attachment 1: Location Map Formatted: Bullets and Numbering Attachment 2: Site Plan Attachment 3: Letter from Applicant, dated July 25, 2003 Highway 41 Attachment 1 Location Map 8270 Toloso Road Project Site Toloso Road Castenada Attachment 3 Letter from Applicant, dated July 25, 2003 Attachment 3, Page 2 Letter from Applicant, dated July 25, 2003 Exhibit A: Draft Resolution PC 2003-0091 Tree Removal - TRP 2003-0039 DRAFT RESOLUTION PC 2003-0091 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING A TREE REMOVAL PERMIT TO ALLOW THE REMOVAL OF TWO NATIVE OAK TREES LOCATED AT 8270 TOLOSO ROAD (TRP 2003-0039:Mike Messer) WHEREAS, an application for a Tree Removal Permit has been received from Mike Messer, 9265 Carmelita Avenue, Atascadero, California 93422, to allow the removal of two native oak trees located at 8270 Toloso Road; and, WHEREAS, the proposed project is located within the Rural Estates land use designation of the City of Atascadero's General Plan Land Use Diagram; and, WHEREAS, the proposed project is located in the Residential Suburban zoning district; and, WHEREAS; the Planning Commission reviewed the proposed Tree Removal application on September 16, 2003, at 7:00 p.m. in the Rotunda Room of City Hall located at 6500 Palma Avenue and considered testimony and reports from staff, the applicants, and the public; and, NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Findings for Approval of Tree Removal Permit. The Planning Commission finds as follows: -5) The 24 trees are obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from the Site Planner and determined by the Community Development Department based on the following factors: tea. Early consultation with the City; fib. Consideration of practical design alternatives; mac. Provision of cost comparisons (from applicant) for practical design alternatives; d. If saving tree eliminates all reasonable uses of the property; or e. If saving the tree requires the removal of more desirable trees. 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, CALIFORNIA • - Formatted: Bullets and Numbering -- ----- Formatted: Bullets and Numbering Roberta Fonzi Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary Exhibit B: Conditions of Approval/Tree Mitigation Table Tree Removal - TRP 2003-0039 Conditions of Approval Timing Responsibility noyaoo TRP 2003-0035 /Monitoring Measure PR: PW b R—1 PS: Planning Services BL: Business License BS Building Services BP. Budding Pemdt FD: Flre Depiai hent TO: Temporary Occupancy PD: Police Deparenent FO: Final Occupancy CE: City Engineer WW: Wastewater CA: City Atbrney Planning Services 1. The applicant shall pay $4,933.33 into the tree fund as FO PS mitigation for the tree removal as shown in the attached table for removal of 24 trees. 2. No tree removals shall be allowed prior to the issuance of BP PS an approval letter. 3. All trees not identified for removal will be protected to the PI PS extent possible and as recommended by a certified arborist. 4. The applicant shall construct retaining walls to protect the FO PS 10 most northern trees, numbered 25 through 33 and one unnumbered 10" white oak as shown on the Grading and Drainage Plan. Total 30 -inches Mitigation Requirement req'd tree replacements: 5 five gal trees Proposed Replanting 0 five gal trees 0 box trees (24") Remaining Mitigation 5 five gal trees Tree Fund Payment: $ 250.00 Total 281 -inches req'd tree replacements: Proposed Replanting Remaining Mitigation 94 five gal trees 0 five gal trees 0 box trees (24") 94 five gal trees Tree Fund Payment: $ 4,683.33 Totals 311 -inches 99 five gal trees 0 five gal trees 0 box trees (24") 99 five gal trees Exhibit C: Tree Protection Plan Tree Removal - TRP 2003-0039 TREE MITIGATION TABLE 1 Remove 24 trees Evergreen Native Trees (inches) Deciduous Native Trees (inches) dbh notes dbh notes 8 12 -inches 1 12 -inches 10 18 -inches 2 12 -inches 3 8 -inches 4 12 -inches 5 21 -inches 6 10 -inches 7 23 -inches 9 4 -inches 11 5 -inches 12 8 -inches 13 14 -inches 14 6 -inches 15 8 -inches 16 10 -inches 17 8 -inches 18 8 -inches 19 8 -inches 20 12 -inches 21 24 -inches 22 24 -inches 23 22 -inches 24 16 -inches 25 0 -inches Recommend Save 26 0 -inches Recommend Save 27 0 -inches Recommend Save 28 0 -inches Recommend Save 29 0 -inches Recommend Save 30 0 -inches Recommend Save 31 0 -inches Recommend Save 32 0 -inches Recommend Save 33 0 -inches Recommend Save No Num 6 -inches No Num 0 -inches Recommend Save Total 30 -inches Mitigation Requirement req'd tree replacements: 5 five gal trees Proposed Replanting 0 five gal trees 0 box trees (24") Remaining Mitigation 5 five gal trees Tree Fund Payment: $ 250.00 Total 281 -inches req'd tree replacements: Proposed Replanting Remaining Mitigation 94 five gal trees 0 five gal trees 0 box trees (24") 94 five gal trees Tree Fund Payment: $ 4,683.33 Totals 311 -inches 99 five gal trees 0 five gal trees 0 box trees (24") 99 five gal trees Exhibit C: Tree Protection Plan Tree Removal - TRP 2003-0039 Planning Commission Staff Report El Centro Oaks Consistency Determination: Tract 2329 Cascada Estates (Nino) SUBJECT: The proposed project is an amendment to the original Master Plan of Development (TTM 99008) for El Centro Oaks PD -7 in regards to the design and location of project fencing. RECOMMENDATION: Staff Recommends: The Planning Commission adopt Resolution No. PC 2003-0074 amending TTM 99008 project condition #31 to allow for the use of solid wood fencing and maintain the unfenced pocket park amenity as originally approved. SITUATION AND FACTS: 1. Applicant: Steve Nino, 910 Monterey St, #2, Hollister, CA 95023, (831) 801-0636 3. Project Address: 9010-9027 Cascada Rd; 8595, 8575 El Centro Rd, Atascadero, CA 93422 4. General Plan Designation: High Density Residential 5. Zoning District: Residential Multi -Family - 16 6. Existing Use: Residential Tract under construction 7. Environmental Status: Proposal consistent with the project Certified Mitigated Negative Declaration (Certified by the Planning Commission on September 21, 1999) DISCUSSION: Background: On September 21, 1999, the Planning Commission approved a 15 unit residential subdivision and pocket park at the intersection of Cascada Rd and El Centro. The project included a General Plan Amendment to change the land use designation of the subject parcel from High Density Single Family to High Density Multi -Family, a zone change application to rezone the parcel from RSF-X to RMF -16 with a PD -7 overlay, and a tentative tract map establishing 16 individual lots, 15 to be developed with single family residences and 1 to be developed as a pocket park with an unfenced shallow detention basin. The project was conditioned to utilize 6 -foot high vinyl fencing throughout the project area as specified in condition #31 of Resolution 1999-059. The project is currently under construction and building permits have been issued for all 15 homes. Project Description The applicant is proposing a revision to Condition #31, which would allow the installation of wood fencing as opposed to the vinyl, due to significant cost considerations. The applicant is also requesting that the pocket park detention basin be fenced. Analysis Fencing The applicant is proposing a revision to Condition #31 which specifies vinyl fencing to be used throughout the project. The applicant has stated that existing neighborhood fencing is constructed of 6 -foot high solid wood material, and the City Council condition for vinyl fencing is inconsistent with the surrounding neighborhood. The applicant states that a wood fence can be constructed to appear the same as vinyl fencing which would be consistent with the intent of the original project approval. Pocket Park/Detention Basin The applicant is proposing to add a 4-5' high chain link or wrought iron fence with vine planting around the perimeter of the drainage basin (See Attachment 2). This area is highly visible from the southeast corner of the El Centro/Cascada intersection and is identified in the development as a pocket park amenity. The basin is designed to receive storm water during a 50 -year flood event to a depth of less than two feet for a short duration. The basin would be landscaped with turf grass as part of the pocket park design. The applicant states that the basin creates a safety issue. The basin was originally proposed and approved as part of an open space area for project residents. The basin occupies a large portion of the pocket park and fencing of the area would significantly reduce the size of the pocket park. CONCLUSION The proposed revisions to the project conditions require Planning Commission review and approval. The Commission must find that the proposed modifications are consistent with the original Master Plan of Development, City Council findings and conditions of approval. Staff concurs with the applicant's request for wood as opposed to vinyl fencing. However, staff finds that the shallow drainage detention basin was considered to be a significant amenity to the planned development and should not be restricted from view or use. ALTERNATIVES The Planning Commission may add to or modify project conditions for the proposed project revisions, finding that the proposed amendment(s) are consistent with the original project approval. 2. The Planning Commission may recommend denial of the proposed project revisions, finding that the proposed amendment(s) are not consistent with the original project approval. 3. The Planning Commission may continue the hearing and refer the project back to staff for further analysis. Direction should be given to staff and the applicant on required additional information. PREPARED BY: Kelly Davis, Associate Planner ATTACHMENTS: Attachment 1: Location Map Attachment 2: Drainage basin fence plan Attachment 3: Neighbor support letter for wood fencing. Attachment 4: Approved TTM 99008 & GPA 97005 Site & Landscape Plan Attachment 5: Planned Development Resolution 1995-0059 Conditions of approval Attachment 6: City Council Meeting Minutes, October 12, 1999 Attachment 7: Draft Resolution 2003-0074 Attachment 1: Location Map Pocket Attachment 3: Neighbor Support Letter Attachment 4: Approved Planned Development - Site Plan Attachment 5: Planned Development - Conditions of approval (Resolution 1999-0059) Engineering Conditions 1. 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. 2. The applicant shall enter into a Plan Check/Inspection agreement with the City. 3. A six (6) foot Public Utility Easement (PUE) shall be provided contiguous to all street frontages. 4. Slope easements shall be provided on each side of the right-of-way as needed to accommodate cut or fill slopes. 5. The applicant shall be responsible for the relocation and/or alteration of existing utilities. 6. 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. 7. The applicant shall monument all property corners for construction control and shall promptly replace them if disturbed. 8. All existing and proposed utility, pipeline, open space, or other easements are to be shown on the final map. If there are building or other restrictions related to the easements, they shall be noted on the final map. 9. A preliminary subdivision guarantee shall be submitted for review in conjunction with the processing of the final map. 10. The applicant shall acquire title or interest in any off-site land that may be required to allow for the construction of the improvements required by these conditions of approval. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress or egress is affected by these improvements. 11. Prior to recording the final map, the applicant shall submit the drainage calculations necessary to demonstrate that existing downstream drainage facilities have adequate capacity to handle the total flow from the fully developed watershed without adverse affect on other properties. If downstream facilities do not have adequate capacity, the applicant shall design and construct improvements to the downstream facilities or the applicant shall detain storm water on-site in conformance with City Standards. 12. Prior to recording the final map, the applicant shall submit a map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 13. Prior to recording the final map, the applicant shall set monuments at all new property corners and a registered civil engineer or licensed land surveyor shall indicate, by certificate on the final map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 14. Prior to recording the final map, the applicant shall pay all outstanding plan check/inspection fees. 15. Prior to recording the final map, the applicant shall submit a grading and drainage plan prepared by a registered civil engineer for review and approval by the City Engineer. Drainage shall cross lot lines only where drainage easements have been provided. Drainage from off-site areas boundary shall be conveyed across the subdivision in private drainage easements. 16. Prior to recording the final map, the applicant shall design and construct the following street improvements. Plans for the street improvements shall be submitted for review and approval by the City Engineer. Plans shall be prepared by a registered civil engineer. R -value testing shall be done, and the pavement section designed by a registered civil engineer to the satisfaction of the City Engineer. A. The northerly half of El Centro Road shall be improved in conformance with City Standard 405 (Local) along the entire property frontage, or as directed by the City Engineer. A 5 -foot wide offer -of -dedication shall be provided along the El Centro Road property frontage. B. The private on-site streets shall be constructed in conformance with City Standard Drawing No. 405 (Local) or as directed by the City Engineer. Fifty -foot wide private road easements shall be provided for all on site streets. C. The private on-site cul-de-sacs shall be constructed in conformance with City Standard Drawing No. 415 (Typical cul-de-sac, Urban) or as directed by the City Engineer. Private road easements conforming to City Standard Drawing No. 415 shall be provided for all cul-de-sacs. D. Street name, traffic signs, traffic striping and pavement marking shall be installed as directed by the City Engineer. E. A street light shall be installed at the intersection of the on-site street with El Centro Road. F. The existing streets adjacent to the property frontage shall be overlayed to remedy an inadequate structural section or to remedy deteriorated paving surface as directed by the City Engineer. Transitions shall be constructed between the proposed improvements and the existing improvements as directed by the City Engineer. 17. Prior to recording the final map, the applicant shall have the map reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, and Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company which indicates their review of the map. The letter shall identify any new easements which may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the final map. 18. Prior to recording the final map, the applicant shall pay all sewer annexation fees. 19. Prior to the final map being placed on the agenda for City Council acceptance, the map shall be signed by the City Engineer. 20. 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. 21. Prior to the final inspection, all outstanding plan check and inspection fees shall be paid. 22. Prior to the final inspection, the applicant shall submit a written statement from a registered civil engineer that all improvements required by these conditions of approval have been completed and are in full compliance with the approved plans and the Uniform Building Code (UBC). 23. 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. 24. Prior to the final inspection, the applicant shall submit 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. Community Development Department Conditions 25. The final map shall be in conformance with the standards of Planned Development Overlay Zone No. 7. 26. Construction activities shall be in conformance with the following air quality mitigation measures: A. All material excavated or graded shall be sufficiently watered to prevent excessive amounts of dust. Watering shall occur at least twice daily with complete coverage, preferably in the late morning and after work is finished for the day. B. All clearing, grading, earth moving, or excavation activities shall cease during periods of high winds (i.e. greater than 20 mph averaged over one hour) so as to prevent excessive amounts of dust. C. All material transported off-site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. D. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized so as to prevent excessive amounts of dust. E. Permanent dust control measured identified in the approved project revegetation and landscape plans shall be implemented as soon as possible following completion of any soil disturbing activities. F. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading shall be sown with fast -germinating native grass seed and watered until vegetation becomes established. G. All disturbed areas not subject to revegetation shall be stabilized using approved chemical soil binders, jute netting, or other methods in advance by the APCD. H. All roadways, driveways, sidewalks, etc. to be paved shall be completed as soon as possible. In addition, structural foundations shall be completed as soon as possible following building pad construction. I. On-site vehicle speed shall be limited to 15 mph for any unpaved surface. J. All unpaved areas with vehicle traffic shall be watered at least twice per day, using non -potable water. K. Streets adjacent to the project site shall be swept daily to remove silt which may have accumulated from construction activities so as to prevent excessive amounts of dust from leaving the site. 27. A reflectorized house number master sign system shall be installed at all street intersections and an individualized reflectorized address sign shall be placed on the right hand side of each residence. 28. Water supply mains and fire hydrants shall be designed, installed and tested and approved by the Atascadero Mutual Water Company and the Fire Department. 29. Roadways and fire hydrants shall be designed per City standards. One new fire hydrant shall be placed near the project entrance as determined by the Fire Chief. The Fire Department turnaround area shall be identified on either a public r.o.w. or on a private street. 30. A 10 -foot wide public utility easement shall be granted to PG&E along all lot boundaries located adjacent to any streets. Any existing overhead facilities which are evident in the field should be plotted on the final map. A 10 - foot wide public utility easement shall be granted to PG&E to cover these overhead facilities. 31. Solid six-foot tall vinyl fencing shall be consistently used throughout the project. Design and appearance of fences or walls shall be compatible with the design of the dwellings as approved by the Community Development Department. Fencing of the individual parcels shall not extend into the front setback beyond the front of the individual residence. Fencing along El Centro Road (Lots 13, 14, and 15) shall be set back 5 feet from the property line to allow for landscaping. 32. Tree protection/mitigation plans shall be reviewed and approved prior to the issuance of permits. Tree protection and preservation shall follow the recommendations of the report prepared by Jack Brazeal dated December 21, 1998. 33. A landscaping and irrigation plan shall be submitted and approved by the Community Development Department for landscaping of El Centro Road street frontage including Lots 13, 14, 15, the park/detention basin (Lot 16), front/side yard landscaping, and street trees. Live Oak trees shall be planted at regular intervals as street trees along all street frontages. The landscape plan shall be a part of the subdivision improvement plan and required landscaping shall be installed (or bonded for) prior to recording the final map. 34. The detention basin and El Centro fence buffer shall be maintained by a Homeowner's Association or similar entity. CC&Rs, including the required maintenance provisions, shall be reviewed and approved the City Attorney and Community Development Director prior to recording the final map. 35. Specifications, such as the basin slopes and depth, shall be provided for the detention basin as part of the improvement plans. Maximum slopes shall not exceed 5:1 and depth shall not exceed 5 feet. The detention basin shall include a rock -lined collection area for summer nuisance water. 36. In order to provide accent materials on the proposed stucco building surfaces, all street elevations shall include an additional accent material such as brick, stone or decorative wood siding with corner returns of at least 2 feet. A raised window surround treatment shall also be required on all street -facing windows. 37. General Plan Amendment 97005 and Zone Change 97005 shall be approved and effective prior to the recordation of the map. 38. This tentative map approval shall expire two (2) 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. 39. All construction activity shall be in conformance with the building standards and regulations (Uniform Building Code) in effect at the time plans are reviewed and approved. 40. The applicant shall create a homeowners association, or similar entity and submit agreements for the maintenance of all private roads, sewer facilities, drainage facilities, the park feature, and other common -use facilities. The maintenance entity and maintenance agreements shall be reviewed and approved by the City Engineer and the City Attorney. Recorded copies of formation of the maintenance entity and maintenance agreements shall be submitted to the City prior to recordation of the final map. Attachment 6: City Council Meeting Minutes - October 12, 1999 MINUTES ATASCADERO CITY COUNCIL MEETING TUESDAY, OCTOBER 12, 19999 7:00 P.M. REDEVELOPMENT AGENCY, 6:30 P.M. CLOSED SESSION: (Immediately following Redevelopment Agency Meeting) 1. Performance Review: City Manager (Govt. Code § 54957.6) Mayor Johnson announced the Closed Session will be continued to the next Council Meeting on October 26, 1999. REGULAR SESSION, 7:00 P.M.: Mayor Johnson called the meeting to order at 7:01 p.m. and Council Member Luna led the Pledge of Allegiance. ROLL CALL: Present: Council Members Arrambide, Clay, Luna and Mayor Johnson Absent: Council Member Lerno (resigned 09/21/99) Others Present: City Clerk Marcia Torgerson and City Treasurer David Graham Staff Present: City Manager Wade McKinney, Police Chief Dennis Hegwood, Community Services Director Brady Cherry, Community and Economic Engineer Principal Director Paul Saldaiia, City Attorney Roy Hanley, Assistant City John Neil, Chief of Wastewater Operations Mark Markwort, and Planner Warren Frace, Contract Planner Doug Davidson. APPROVAL OF AGENDA: MOTION: By Council Member Luna and seconded by Vice Chairman Arrambide to approve the agenda. Motion passed 4:0 by a roll -call vote. PRESENTATIONS: Proclamation declaring October 1999, "Crime Prevention Month" Mayor Johnson presented the Proclamation to Police Chief Hegwood. 2. Proclamation declaring October 23-31, 1999, "Red Ribbon Week" Mayor Johnson presented the Proclamation to Police Chief Hegwood. Battalion Chief Stone will introduce newly appointed firefighter Casey Bryson. Battalion Chief Stone introduced Casey Bryson to the Council. COMMUNITY FORUM: None COUNCIL ANNOUNCEMENT AND REPORTS: None A. CONSENT CALENDAR: City Council Minutes — September 14, 1999 ■ City Clerk recommendation: Council approve the City Council minutes of September 14, 1999 [Marcia McClure Torgerson] 2. Atascadero State Hospital / Chalk Mountain Golf Course Annexation — Pre -zoning and Initiation of Annexation - ANX 99001 / ZC 99009 ■ FiscalImpact.• Will generate positive revenue ■ Staff recommendation: Council introduce for second reading by title only, Ordinance No. 365, for the pre -zoning of the Annexation Territory to 606± acres to the P (Public) District and 278± acres to the L (Recreation) District on the City Zoning Map [Community Development Department] 3. Zone Change #99008 — Auto Dealers/Sales Lots Code Text Amendments (Staff Initiated) ■ Fiscal Impact: None Staff recommendation: Council introduce for second reading by title only, Ordinance No. 364, amending zoning code text associated with auto dealers and sales lots [Community Development Department] 4. Memorandum of Understanding — Atascadero Firefighters Bargaining Unit ■ Fiscal Impact: Included in FY 1999-2000 budget ■ Staff recommendation: Council approve the Memorandum of Understanding authorizing salaries and benefits for the Atascadero Firefighters Bargaining Unit for Fiscal Year 1999-2000. [City Manager's Office] Mayor Pro Tem Arrambide pulled Item #A-1. Rush Kolemaine pulled Item #A-3. MOTION: By Council Member Clay and seconded by Council Member Luna to approve Items #A-2 and 4. Motion passed 4:0 by a roll -call vote. RE: Item #A-1: Mayor Pro Tem Arrambide asked that a correction be made to page 13, Ern paragraph, changing the word "prosperous" to "preposterous." Member MOTION: By Council Member Clay and seconded by Council Luna to approve Item #A-1 as amended above. Motion passed 4:0 by a roll -call vote. RE: Item #A-3: City Clerk Marcia McClure Torgerson noted that the word "commercial" needs to be added to the Ordinance under the section "Sales Lots", inserted between the words "heavy" and "trucks." Rush Kolemaine, P.O. Box 1990, asked the Council or City Manager to explain the changes to the public. Mr. Saldafia replied that the auto dealership will require a condition of use permit in the future. MOTION: By Council Member Clay and seconded by Council Member Luna to approve Item #A-3 as amended above. Motion passed 4:0 by a roll -call vote. B. PUBLIC HEARINGS: General Plan Text Amendment #99009 — Sewer Service Extensions for Failed Septic Systems beyond the USL 0 Fiscal Impact: None Planning Commission recommendation: Council adopt Resolution No. 1999-061, adopting the Statutory CEQA Exemption Section 15061.b.3 and approve General Plan Text Amendment 99009. [Community Development Department] Principal Planner Warren Frace gave the staff report and answered questions of Council. Council Member Luna asked if the sewer is extended without being specified as not being growth inducing, would an environmental finding or a negative declaration be necessary. Mr. Frace explained that because the extension of sewer services would not actually create additional growth, the statutory exemption will still apply. He stated that if additional or future actions are taken, they would be subject to environmental reviews. Council Member Clay asked about the effect of the line on lot size. Mr. Frace responded saying that the sewer line will not effect the minimum lot size. Council Member Clay stated that he did not agree with Council Member Luna's comment about much of Atascadero's soil not being good enough for septic systems. There was no public comment. Council Member Luna stated that he would like to see 4-C (page 66) changed to read "...and where no increase in density or neighborhood character will result." Council Member Clay stated that he would not be able to support the change. MOTION: By Council Member Clay and seconded by Mayor Pro Tem Arrambide to adopt Resolution No. 1999-061, adopting the Statutory CEQA Exemption Section 15061.b.3 and approve General Plan Text Amendment 99009. Motion passed 3:1 by a roll -call vote. (Luna opposed) 2. Colima Road Sewer Line Extension Authorization ■ Fiscallmpact: Minimal ■ Staff recommendation: Council adopt Resolution No. 1999-062, adopting the Statutory CEQA Exemption Section 15061.b.3 and approving the extension of sewer service and initiation of a project engineering study. [Community Development Department] Principal Planner Warren Frace gave the staff report and answered questions of Council. PUBLIC COMMENT Jennifer Eickemeyer, Colima Road, stated that she feels Mr. Frace explained the situation well. She asked the Council to support the staff recommendation. Council Member Clay asked if she had ever had her system replaced. She replied that they have had it pumped and are extremely careful during the winter. Douglas Barrett, 4696 San Anselmo Road, stated that he and many of his neighbors want the Council to extend the City's sewer service to Colima Road. Tammy Jordan, Colima Road, stated she has concerns of the financial issue. She said that she doesn't have a septic problem. She feels the drainage problem in her neighborhood is a result of natural runoff. Mayor Johnson closed the Public Comment period. MOTION: By Mayor Pro Tem Arrambide and seconded by Council Member Luna to adopt Resolution No. 1999-062, adopting the Statutory CEAQ Exemption Section 15061.b.3 and approving the extension of sewer service and initiation of a project engineering study. Motion passed 4:0 by a roll -call vote. 3. El Centro Oaks — General Plan Amendment 97005, Zone Change 97005 and Tentative Tract Map 99008 (8605 El Centro Road — Andrew Charnley/Frank Henderson) ■ Fiscal Impact: Increased property tax base ■ Planning Commission recommendations: Council: 1. Adopt Resolution No. 1999-057, certifying the Negative Declaration; 2. Adopt Resolution No. 1999-058, approving General Plan Amendment 97005, changing the land use designation and zoning of the site from High Density Single Family to High Density Multiple Family; 3. Introduce for first reading by title only Ordinance No. 366, approving Zone Change 97005, changing the zoning of the site from RSF-X to RMF -16 (PD- C); 4. Adopt Resolution No. 1999-059, approving Vesting Tract Map 99008 based on the Findings and Conditions of Approval. [Community Development Department] Community and Economic Development Director Paul Saldaiia explained to the Council that Doug Davidson is a contract planner at the expense of the Applicant and is of no cost to the City. Contract Planner Doug Davidson gave the staff report and answered questions of Council. Council Member Luna asked about the possibility that any of the housing would be low or moderate income housing. Mr. Davidson stated that these homes would be market driven and not affordable housing. Council Member Clay reported that he spoke with Jim Patterson, stating that he would be interested in helping mitigating some of the oaks. Council Member Luna requested to see a map showing the size of the neighboring lots. Mr. Davidson presented a vicinity map which showed the average size of the lots to be approximately 20,000 square feet. PUBLIC COMMENT Tim Roberts, Civil Engineer, representing the Applicant, Andrew Charnley. He explained in detail some of the specific aspects of this project. He also explained that there is a pre- existing drainage problem in this neighborhood. He stated he has been given permission to offer, above and beyond what is required of them, $15,000 towards improvement of the drainage issue. Council Member Clay asked if their company will oversee the drainage work. Mr. Roberts confirmed that they would. Council Member Clay asked about the oak tree issue. Mr. Roberts replied that they would be possible to incorporate the Council's ideas and work with the staff to plant younger trees to replace others. He stated that Mr. Charnley would like to propose a six-foot vinyl fence. He asked for a change to #34 to allow a Homeowner's Association or common maintenance agreement that is acceptable and reviewed by Atascadero's City Attorney or Council. He gave the Council a copy of a memorandum from Stephen Orosz, Traffic Engineer to John Neil, Assistant City Engineer (see Attachment A). John McGoff, 9192 Maple St., asked the Council to remember that development is a privilege, not a right. He stated that he does not question the integrity of the Applicant but he does question the process. Mark Barlow, 8500 El Dorado, stated that the project is not consistent with the Housing Element. He suggested that all lot sizes fall between 8,000 and 20,000, no trees be removed if possible, buffer zones between adjacent neighbors, preservation of view corridors, and habitat maintenance and protection (see Attachment B). Connie Barlow, 8500 El Dorado, asked for the Council to consider a reduced number of homes on this site. Rick Randicci, 8850 El Centro, stated that the neighborhood as a whole has difficulty with the density issue. He clarified that the drainage issue is only meant to be dealt with on El Centro where there is a dead end. Tim Roberts, Civil Engineer, representing Applicant Andrew Charnley, stated that the project has been reduced from 25 to 19 homes. He also stated that the drainage issue will take place under the stipulations of the City Engineering Division. Mayor Pro Tem Arrambide asked how much of the problem will be solved with the allotted $15,000 and what it would take to resolve the issue on La Lina. Mr. Roberts stated that $15,000 is more than adequate to make improvements on El Centro and contribute towards the storm drain system on La Lina. Assistant City Engineer John Neil explained the flow of the water in the neighborhood. City Attorney Roy Hanley clarified that the drainage problem is currently in existence and will not be the result of the development of the project. Mayor Johnson closed the Public Comment period. by Mayor Pro Tem certifying the MOTION:By Council Member Clay and seconded Arrambide to adopt Resolution No. 1999-057, Negative Declaration. Motion passed 4:0 by a roll -call vote. Council Member Luna stated that he would not support the motion, but he appreciates Mr. Charnley efforts in the drainage issue. He stated that he would like to tackle the problem of providing low to moderate income housing by incorporating it in to projects like these. MOTION:By Council Member Clay and seconded by Mayor Pro Tem Arrambide to adopt Resolution No. 1999-058, approving General Plan Amendment 97005, changing the land use designation and zoning of the site from High Density Single Family to High Density Multiple Family. Motion passed 3:1 by a roll -call vote. (Luna opposed) by Mayor Pro Tem by Mayor Pro Tem MOTION:By Council Member Clay and seconded Arrambide to introduce for first reading by title only Ordinance No. 366, approving Zone Change 97005, changing the zoning of the site from RSF-X to RMF -16 (PD -7). Motion passed 3:1 by a roll -call vote. (Luna opposed) MOTION:By Council Member Clay and seconded Arrambide to adopt Resolution No. 1999-059, approving Vesting Tract Map 99008 based on the Findings and Conditions of Approval with the following amendments: 1) Condition 16 b: Striking "403 (Rural Collector)" to read "405 (Local)." 2) Condition 31: Striking "Exterior" and adding, "Solid six -feet tall vinyl." At the end of the second sentence, after the word "dwellings", add, "as approved by the Community Development Department." 3) Condition 33: Adding at the end of first sentence, "to incorporate Live Oaks where necessary." 4) Condition 34: Adding at the end of the first sentence, "or similar entity." Motion passed 3:1 by a roll -call vote. (Luna opposed) The Council directed the City Attorney to make himself available to the Applicant in regards to the drainage issue. C. MANAGEMENT REPORTS: Information Bulletin D. COMMITTEE REPORTS: S.L.O. Council of Governments/S.L.O. Regional Transit Authority Mayor Johnson reported that Cal -Trans is pushing state-wide policy requiring concrete median barriers, and as addressed before, we would like to keep our landscaped medians. He mentioned that STIP funds are coming up in the near future. Air Pollution Control District Mayor Pro Tem Arrambide announced that their Community Forum on backyard burning had very little public participation and urged the public to get involved. City / Schools Committee Mayor Johnson stated that the School District and parents are pushing a student pledge against gun violence for an observation on October 21, 1999. Economic Opportunity Commission Mayor Pro Tem Arrambide reported that they are still looking for space in the North County for health services for teens. E. INDIVIDUAL DETERMINATION AND/OR ACTION: City Council Council Member Luna stated that the State Controller suggested redistribution of sales tax, gradually switching over to per capita rather than point of sale. Council Member Clay asked about getting stop lights at San Gabriel and Highway 41. Mr. Cherry responded a warrants analysis was done recently. He stated that the issue of a traffic signal at that location did not meet the criteria of the warrants analysis. Mayor Johnson announced that the State has raised the maximum allowance of six homecare occupants to eight per house. Mayor Johnson also asked City Clerk Marcia Torgerson to participate in obtaining questions from the public tomorrow night on 3 X 5 index cards at the candidate forum, and they will choose eleven of those to interview the candidates. Mr. McKinney commented that eleven questions may be an extensive number. F. ADJOURNMENT: Mayor Johnson adjourned the meeting at 9:22 p.m. to a special meeting on October 13, 1999 at 6:00 p.m. Attachment 7: Draft Resolution 2003-0074 DRAFT RESOLUTION PC 2003-0074 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING A PROPOSED REVISION TO PROJECT CONDITION #31 REGARDING FENCING AT EL CENTRO OAKS/CASCADA ESTATES. (APN 030-522-031-046) WHEREAS, A request has been received from Steve Nino, 910 Monterey St, #2, Hollister, CA 95023 (Owner) to consider a modification to project fencing at Cascada Estates/El Centro Oaks; and, WHEREAS, the proposed project is located within the HDR (High Density Residential) land use designation of the City of Atascadero's General Plan Land Use Diagram; and, WHEREAS, the proposed project is located within the RMF-16/PD-7 (Residential Multi Family, Planned Development — 7 overlay) zoning district; and, WHEREAS, a Categorical Exemption, under the California Environmental Quality Act (CEQA) section 15301 Existing Facilities, Class 1, has been prepared; and, WHEREAS, the Planning Commission held a duly noticed public hearing to consider the proposed revisions on September 16, 2003 at 7:00 p.m., and considered testimony and reports from staff, the applicants, and the public; and, NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. FINDINGS OF CATEGORICAL EXEMPTION FROM CEOA 1. The proposed project has been determined to be exemption from CEQA based on a Class 1 exemption pertaining to minor modifications to existing facilities which do not involve an expansion of use. SECTION 2. FINDINGS OF APPROVAL. The Planning Commission finds as follows: 1. The proposed modifications are consistent with the original project design and City Council conditions of approval SECTION 3. APPROVAL OF PROJECT MODIFICATIONS. The Planning Commission does hereby approve a request to make modifications to Condition # 31 regarding project fencing at El Centro Oaks/Cascada Estates. Exhibit A: Drainage basin fence plan On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) ADOPTED: CITY OF ATASCADERO, CA Roberta Fonzi Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary Exhibit A: Draft Resolution 2003-0074 - Amended Condition # 31 Condition # 31: Solid six-foot tall } fencing shall be consistently used throughout the project. Design and appearance of fences or walls shall be compatible with the design of the dwellings as approved by the Community Development Department. Fencing of the individual parcels shall not extend into the front setback beyond the front of the individual residence. Fencing along El Centro Road (Lots 13, 14, and 15) shall be set back 5 feet from the property line to allow for landscaping. Planning Commission Staff Report ITEM NUMBER: 4 DATE: 9-16-03 4900 Obispo Road Single Family Planned Development Zone Change 2003-0048, Master Plan of Development (CUP 2003-0098), Vesting Tentative Tract Map 2003-0032 (4900 Obispo Road / Shores) SUBJECT: The proposed project consists of an application for a Zone Change, Conditional Use Permit (CUP) and Tentative Tract Map. The Zone Change request would establish a Planned Development #17 overlay on the site subject to a master plan of development (CUP) that would allow seven (7) new single-family residences to be constructed in addition to the one (1) existing single- family house. The Tentative Tract Map would create an eight (8) -lot subdivision. The project is subject to architectural and landscape appearance standards. The project site is gently sloped and developed as a single-family residence with large yard area. RECOMMENDATION: Staff Recommends: Adopt Resolution No. PC 2003-0087 recommending that the City Council certify Proposed Mitigated Negative Declaration 2003-0045; and, 2. Adopt Resolution No. PC 2003-0088 recommending that the City Council introduce an ordinance for first reading to approve Zone Change 2003-0048 based on findings; and, 3. Adopt Resolution No. PC 2003-0089 recommending that the City Council approve the Master Plan of Development (CUP 2003-0098) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, 4. Adopt Resolution No. PC 2003-0090 recommending the City Council approve Vesting Tentative Parcel Map 2003-0032 based on findings and subject to Conditions of Approval and Mitigation Monitoring. SITUATION AND FACTS: 1. Applicant / Representative: 2. Project Address: 3. General Plan Designation: 4. Zoning District: 5. Site Area: 6. Existing Use: 7. Environmental Status: DISCUSSION: Analysis of Plan ninga Issues 1. Project Definition ITEM NUMBER: 4 DATE: 9-16-03 Ron Shores 2940 Ardilla Way, Atascadero, CA 93422 4900 Obispo Road, Atascadero, CA 93422 (San Luis Obispo County) APN 049-102-055 General Plan Designation: SFR X (Single -Family Residential, 0.5 net acre minimum lot size) RSF-X (Residential Single -Family) 2.36 acre Single Family Residence Proposed Mitigated Negative Declaration 2003-0045 The proposed project consists of seven new single-family homes and retention of one existing single-family home located on individual lots that will be developed under the requirements of the PD -17 overlay district. The new homes will be 2,090 and 2,110 square feet in size. The existing home will remain in its present size and location. Each home will have a two car attached garage with two or more additional uncovered spaces provided in the driveway that fulfill the guest parking requirement. Each unit is consistent with the PD -17 requirement of providing a minimum 40% parcel landscaping and building footprints of less than 35% of the parcel area. A Master Plan of Development will include all site development and architectural design standards for the project. The Master Plan of Development will be approved in the form of a Conditional Use Permit as required by the Zoning Ordinance. Any future amendments to the Master Plan of Development can be made by the Planning Commission in the future, independent of Council action. ITEM NUMBER: 4 DATE: 9-16-03 Project Summary Table PD -17 LEGEND (35% MAX.) (40% MIN.) LOT# NET LOT BLDG COVERAGEAREA SF BLDG R LANDSCAPE LANDSCAPE A 1 22287 2110 9.5% 10536 47.3% 2 13840 2152 15.6% 7078 51.3% 3 14620 2110 14.4% 8677 59.4% 4 11613. 2215 9' 7526 64.87o 4 L_ 2215 14.0% 9009% 12375 1— 2110 17.1 X 6998 56.6X 7 11581 1 2215 19.1% 7641 66.0% 8 13091 1 2110 16.1% 7387 56.4% 2. Background Surrounding Land Use and Setting: 47 North: Residential Single Family & Residential Suburban South: Residential Single Family East: Residential Suburban West: Vacant (Commercial) The General Plan and Zoning Ordinance identifies properties to the north and south as single- family -residential with a 1.0 -acre lot minimum. Properties to the east are Suburban Estate with a 2.5 -acre minimum lot size and properties to the west are General Commercial. The project site single-family residential zoning is consistent with the General Plan. The zoning ordinance allows the establishment of a Planned Development Overlay No. 17 (PD -17) in the single-family zone, which requires a minimum of 4 single-family units, consistent with the PD -17 site development standards and appearance review, as analyzed within this report. The PD -17 requires a Master Plan of Development, which incorporates site development standards and appearance review including architecture, and landscaping. Per the zoning ordinance, the Master Plan of Development is processed as a Conditional Use Permit. 3. Design and Appearance Architecture, Materials, Color The applicant proposes homes with special architectural features, upgraded building materials, consistent colors, and landscape design. In addition, staff has added conditions of approval consistent with General Plan & Zoning requirements, as identified below. ITEM NUMBER: 4 DATE: 9-16-03 The project has been designed with residential units that incorporate architectural themes and materials consistent with traditional Atascadero colony neighborhoods. The project has been well designed and only minor conditions of approval have been included regarding exterior material finishes (brick, stone, plank siding, materials, lighting garage doors) (Conditions 6 and 12). A variety of architectural embellishments will be incorporated into the new house designs, including: Covered entry porches, double or single hung windows, window shutters, architectural banding, decorative gable vents, and composition roof materials. Three color schemes are proposed for the new homes. All trash storage, recycle storage, and air conditioning units will be screened from view behind fenced or landscaped enclosures. The site landscaping plan includes a variety of native and accent trees. All front and street- facing side yards shall be landscaped by the developer (Condition 9). Back yards will be landscaped by the individual property owners. Landscape maintenance will be the responsibility of the individual property owner. Front Perspectives of Each New House ITEM NUMBER: 4 DATE: 9-16-03 The applicant has included a color and material sample board for each house plan. Refer to Exhibit G for details. Landscape Design The preliminary landscape plan has been designed for compatibility with the surrounding neighborhood and visual appearance from Obispo Road. The plans identify landscaping thoughout the site with the exception of rear yards. The landscape plan and palette meets the PD -17 requirements. No native trees will be removed by the proposed project. 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 Obispo Road. Each lot contains a minimum 4 parking spaces, which is consistent with the code -required parking spaces. Additional guest parking is proposed along the access drive for at least three vehicles. Planned Development 17 requires specific building and garage setbacks. Staff has reviewed each lot and building placement for setback consistency. An existing oak tree on lot 8 requires reduction of the front yard setback to 12 feet from back of sidewalk at the garage location. This reduction is permitted under the PD -17 provisions with special findings. PD -17 also requires that garages shall be recessed from the front of the residences by at least 10 feet. Garages that do not face the street (side -loaded) that are designed to appear as occupied portions of the residence are not required to meet this setback. Lot one contains a special condition where the garage does not face Obispo Road and the private drive accesses lot 1 and not the remaining proposed lots, and thus would not require a 10- foot garage recess. Site Drainage The site slopes gently to the northwest. Drainage has been designed to flow into an on-site shallow drainage detention basin. The basin shall be landscaped by the applicant and maintained by either the lot owner or the homeowner's association (Condition 24, 9, and TPM 4). Wastewater Sanitary sewer will be extended up Obispo Road from the existing sewer in El Camino Real. The applicant will extend sewer service from El Camino Real to the project site. ITEM NUMBER: 4 DATE: 9-16-03 Tree Protection Although no native trees will be removed from the project site, there are four trees that may be impacted due to project construction. Mitigation measures have been incorporated into the project to reduce impact to native trees to a less than significant level. (Mitigation Measures 4.e.1, 4.e.2) Also refer to tree protection exhibit and table below. �1•� y LOT 1 � 1 LOT 2 !Ile LOT 6 a ✓ 1 7 ' ®i►1 I �' amu. 1 \ •�/��� / / J J 1— —%-r►— �- _. ! \ / , lr' l � o►' I LOT LOT 7 1 2 3 4 5 6 7 8 9 10 11 TREE TREE TRUNK TREE CONST DRIP -LINE CONST MITIGATION MONT PRUNING FIELD # SPECIES DBH CONDITION STATUS % IMPACT IMPACT PROPOSAL REQUIRED CLASS NOTES 1 WO 24 4 1 15% Home Fencing Yes 2 LO 19 4 1 15% Home Fencing Yes Prune for Home 3 LO X 2 46 5 1 25% Road Fencing Yes Prune 12" Limb for Road 4 LO 20 5 1 25% Home Fencing Yes Prune 4-3" Diameter Limbs 5 LO X 2 5 5 A 0% Fencing No 6 WO 3 5 A 0% Fencing No 7 WO 4 5 A 0% Fencing No 8 LO X 4 7 5 A 0% Fencing No 9 LO 4 5 A O% Fencing No 10 LO X 3 9 6 A 0% Fencing No 11 LO X 2 8 5 A 1 0% 1 Fencing No 12 LOX 2 6 5 A 0% Fencing No 13 LO 4 4 A 0% Fencing No 14 LO X 3 7 5 A 0% Fencing No 15 WO 3 4 A 0% Fencing No 16 LO 47 5 A 0% Fencing No 17 18 ITEM NUMBER: 4 DATE: 9-16-03 4. Project Benefits One of the required findings for approval of a planned development rezone is that the project must "offer certain redeeming features to compensate for the requested modification." Due to the site's single-family neighborhood character and relatively small subdivision, common recreational facilities are not proposed. However, the project will have a number of "redeeming features" which include the following: 1) Retention of all native trees; 2) each unit will have a sizable private yard area that will allow for outdoor recreational opportunities, 3) architectural and landscape features of the project have been designed to enhance the project's appearance and benefit the surrounding neighborhood; 4) the paved private street will incorporate special paving treatment, and 5) the project will provide one detached single family affordable housing unit that is in limited supply throughout the community. Affordable Housing The City Council has implemented an interim inclusionary affordable housing program to include a fixed percentage of units within residential developments that require a legislative approval to be reserved as deed restricted affordable units or a in -lieu fee to be collected. This interim program allows the project applicant a choice of either setting aside one housing unit at the moderate rate for a period of 30 years, or paying an in -lieu fee based on 2.50% of the valuation of each of the market rate units. A condition of approval has been added to this effect (Condition 11 and TPM 9). According to the San Luis Obispo County Department of Planning & Building, a 3 -bedroom moderate level affordable unit only qualifies if the sales price does not exceed $ 294,697 or the rent does not exceed $ 1,232 per month with a 30 -year deed restriction commitment. These numbers are subject to change as they are adjusted periodically. 5. Tentative Tract Map An eight -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 any common areas and the drainage detention basin (Condition TPM 24). 6. Master Plan of Development (Conditional Use Permit) As previously mentioned, a Master Plan of Development is required for the PD -17, 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: ITEM NUMBER: 4 DATE: 9-16-03 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual. Staff Comment: The use is consistent with the single-family residential designation of the Plan and General Plan Land Use Element Policy 1.1, 6.1, and Housing Element Policy 4.3. 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) including the PD -17 Ordinance. Staff Comment: As conditioned, the project satisfies all PD -17 zoning code provisions with the exception of Lot 8, which requires a reduced front yard setback to accommodate an existing mature native oak tree. This setback reduction is permitted under the PD -17 ordinance with special findings. 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use. Staff Comment: The proposed residential project will not be detrimental to the general public or working persons health, safety, or welfare. 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development. Staff Comment: The project has been designed to be consistent with the existing neighborhood character, and to enhance the historic colony house site integrity. 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. Staff Comment: The proposed project and use is consistent with the traffic projections and road improvements anticipated within the General Plan. A single-family residential subdivision use in the proposed location is consistent and compatible with the surrounding residential neighborhood. The General Plan identifies this site as single- family residential to a maximum density of 4.0 dwelling units per acre (du/ac) with a minimum lot area of 0.5 acres net. Smaller lot sizes up to 4.0 du/acre may be allowed through a planned development overlay. The proposed 8 single-family lots, including the ITEM NUMBER: 4 DATE: 9-16-03 existing residence, on 2.36 acres is consistent with the City's General Plan Land Use and Housing. 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. 7. General Plan Consistency The proposed project is consistent with the following General Plan Land Use and Housing Element Policies: Land Use Policy 1.1: "Preserve the rural atmosphere of the community and assure "elbow room " in areas designed for lower density development by guiding new development into the 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 ". Housing Element Policy 4.3: "Encourage attractive architecture and site landscaping that respect terrain and native trees. " Land Use Policy 6.1: "Ensure that development does not degrade scenic and sensitive areas, including historic sites, creeks, riparian corridors, wetlands, woodlands, hillsides, and other valuable habitats. " In addition, the General Plan SFR X land use designation permits a maximum density of 4.0 dwelling units per acre, which is consistent with the proposed project. Implementing General Plan programs require appearance review of architectural design, materials, street trees, and landscaping to maintain the retain the rural atmosphere and protect the environment, and incorporate architectural themes into the site and building design. As analyzed above, the proposed project, as conditioned is consistent with the General Plan. In staff's opinion the project is consistent with the goals and policies of the Land Use Element and the Housing Element, with the retention of the existing home and the inclusion of one affordable moderate -income unit. The project will provide seven new single-family dwellings that fulfill an important housing need within the community. As conditioned, the project incorporates architectural and landscape elements that are consistent with the character of the surrounding neighborhood, and the General Plan's appearance review requirement. 8. Proposed Environmental Determination Staff has prepared an Environmental Impact Assessment in the form of a Draft Mitigated Negative Declaration. The document was circulated to public agencies and interested members of the public on August 28, 2003. The environmental analysis identified concerns regarding potential impacts to aesthetics, air quality, biology, water quality, noise, and traffic. ITEM NUMBER: 4 DATE: 9-16-03 Mitigation measures pertaining to these areas are included. A finding is proposed that this project would not have a significant effect on the environment based upon the implementation of the identified mitigation measures. The Initial Study has evaluated the potential for this project to cause an adverse effect -- either individually or cumulatively -- on wildlife resources. There is no evidence the proposed project would have any potential for adverse effect on wildlife resources. Based on this finding, a Certificate of Fee Exemption will be submitted with the Notice of Determination after project approval, as required by Public Resources Code section 21089. The Certificate of Fee Exemption allows the project to be exempted from the review fee and environmental review by the California Department of Fish and Game. Staff is recommending the Commission recommend that the City Council certify Proposed Mitigated Negative Declaration 2003-0045. C on.rhisinn The proposed project is consistent with the General Plan and Atascadero Municipal Code, as analyzed within this staff report. The applicant has proposed design modifications and agrees with all mitigation measures and conditions of approval. It is staff's opinion that the proposed project, as conditioned allows the Planning Commission to make all of the required findings for project approval recommendation to the City Council. ALTERNATIVES The Commission may make modifications to the project and/or conditions of approval for the project. 2. The Commission may determine that more information is needed on some aspect of the project and may refer the item back to the applicant and staff to develop the additional information. The Commission should clearly state the type of information that is required and move to continue the item to a future date. 3. The Commission may deny the project. The parcel would retain its designation of Residential Multi -Family. The Commission should specify the reasons for denial of the project and make an associated finding with such action. PREPARED BY: Steve McHarris, Planning Services Manager ITEM NUMBER: 4 DATE: 9-16-03 ATTACHMENTS: Attachment 1: Location Map, Zoning and General Plan Attachment 2 Draft Resolution of Approval Proposed Mitigated Negative Declaration Attachment 3: Draft Resolution of Approval Proposed Zoning Map Change Attachment 4: Draft Resolution of Approval Proposed Master Plan of Development Attachment 5: Draft Resolution of Approval Proposed Vesting Tentative Tract Map ITEM NUMBER: 4 DATE: 9-16-03 Attachment 1: Location Map, General Plan and Zoning i SE SFR -X Project Site EI Camino Real / - Obispo Road CPK SE j GC j SFR -X r MDR - --�� SE Del Rio Road ATTACHMENT 2: Draft Resolution PC 2003-0087 PD -17 Master Plan of Development (CUP 2003-0098)/ZCH2O03-0045VTTM 2003-0032 Approval of Draft Mitigated Negative Declaration DRAFT RESOLUTION PC 2003-0087 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO RECOMMENDING THAT THE CITY COUNCIL CERTIFY PROPOSED MITIGATED NEGATIVE DECLARATION 2003-0045 PREPARED FOR ZONE CHANGE 2003-0048, CONDITIONAL USE PERMIT 2003-0098 AND TENTATIVE TRACT MAP 2003-0032 APN 049-102-055 (4900 Obispo Road / Shores) WHEREAS, an application has been received from Ron Shores (2940 Ardilla Way, Atascadero, CA 93422) Applicant and Property Owner to consider a project consisting of a zone change from RSF-X (Residential Single -Family) to RSF-X / PD -17 (Residential Single - Family with Planned Development Overlay #17) with the adoption of a Master Plan of Development, and a four lot residential Tentative Parcel Map on APN 049-102-055 and, WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2003- 0045 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 16, 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 2003-0045 based on the following Findings as shown on Exhibit A: The Proposed Mitigated Negative Declaration has been completed in compliance with CEQA; and, 2. The Proposed Mitigated Negative Declaration was presented to the Planning Commission, and the information contained therein was considered by the Planning Commission, prior to recommending action on the project for which it was prepared; and, The project does not have the potential to degrade the environment when mitigation measures are incorporated into the project. 4. The project will not achieve short-term to the disadvantage of long-term environmental goals. Planning Commission Resolution 2003-0021 September 16, 2003 Page 2 of 7 5. The project does not haw 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 2003-0021 September 16, 2003 Page 3 of 7 Exhibit A Proposed Mitigated Negative Declaration 2003-0045 Planning Commission Resolution 2003-0021 September 16, 2003 Page 4 of 7 ATTACHMENT 3: Draft Resolution PC 2003-0088 PD -17 Master Plan of Development (CUP 2003-0098)/ZCH2O03-0048 Approval of Proposed Zoning Map Change DRAFT RESOLUTION PC 2003-0088 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO RECOMMENDING THAT THE CITY COUNCIL APPROVE ZONE CHANGE 2003-0048, AMENDING THE OFFICIAL ZONING MAP DESIGNATION OF APN 049-102-055 FROM RSF-X to RSF X / PD -17 (4900 Obispo Road / Shores) WHEREAS, an application has been received from Ron Shores (2940 Ardilla Way, Atascadero, CA 93422) Applicant and Property Owner to consider a project consisting of a zone change from RSF-X (Residential Single -Family) to RSF-X / PD -17 (Residential Single - Family with Planned Development Overlay #17) with the adoption of a Master Plan of Development, and a four lot residential Tentative Parcel Map on APN 049-102-055 and, WHEREAS, the site's General Plan Designation is SFR X (Single -Family Residential -X); and, WHEREAS, the site's current zoning district is RSF-X (Residential Single -Family); M86 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 16, 2003, studied and considered Zone Change 2003-0048, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and, Planning Commission Resolution 2003-0021 September 16, 2003 Page 5 of 7 NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Findings for Approval of a Zone Change to the Official Zoning Map of Atascadero Creating a PD -17 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. Findings for physically unique sites with one or more mature trees. The Planning Commission finds as follows: (i) That flexibility from the above setback standards is necessary to enable the environmentally superior design alternative; (ii) That at least fifty percent (50%) of each individual lot will be landscaped; and (iii) That at least sixty percent (60%) of the net area of the overall site will be landscaped. SECTION 3. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on September 16, 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 2003-0021 September 16, 2003 Page 6 of 7 BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) ADOPTED: CITY OF ATASCADERO, CA Roberta Fonzi Chairperson Attest: Warren M. Frace Planning Commission Secretary Planning Commission Resolution 2003-0021 September 16, 2003 Page 7 of 7 Exhibit A: Zone Change Map 2003-0048 SE ` = Official Zoning Map Change S FR-)( APN4 1 2 0 9 0 055 Existing Zone: RSF-X Amended Zone: SFR-X/PD-17 i Obispo Road SE r' ------------ - GC CPK -� f Project SFR -X Site GC EI Camino Real SE Del Rio Road ATTACHMENT 4: Draft Resolution PC 2003-0089 PD -7 Master Plan of Development (CUP 2003-0090)/ZCH2O03-0040 Approval of Proposed Master Plan of Development DRAFT RESOLUTION PC 2003-0089 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO RECOMMENDING THAT THE CITY COUNCIL APPROVE A MASTER PLAN OF DEVELOPMENT (CONDITIONAL USE PERMIT 2003-0098) FOR A PD -17 OVERLAY ZONE OF APN 049-102-055 WHEREAS, an application has been received from Ron Shores (2940 Ardilla Way, Atascadero, CA 93422) Applicant and Property Owner to consider a project consisting of a zone change from RSF-X (Residential Single -Family) to RSF-X / PD -17 (Residential Single - Family with Planned Development Overlay #17) with the adoption of a Master Plan of Development, and a four lot residential Tentative Parcel Map on APN 049-102-055 and, WHEREAS, the site's General Plan Designation is SFR X (Single -Family Residential -X); and, WHEREAS, the site's current zoning district is RSF-X (Residential Single -Family); and WHEREAS, the Planning Commission has recommended that a site be rezoned to include a PD -17 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 16, 2003, studied and considered the Master Plan of Development (CUP 2003-0098), after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Findings for Approval of Master Plan of Development. The Planning Commission finds as follows: 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 -17 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, 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. Findings for physically unique sites with one or more mature trees. The Planning Commission finds as follows: (iv) That flexibility from the above setback standards is necessary to enable the environmentally superior design alternative; (v) That at least fifty percent (50%) of each individual lot will be landscaped; and (vi) That at least sixty percent (60%) of the net area of the overall site will be landscaped. SECTION 3. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on September 16, 2003, resolved to recommend that the City Council approval of the Master Plan of Development (CUP 2003- 0098) subject to the following: EXHIBIT A: Conditions of Approval/ Mitigation Monitoring Program 2. EXHIBIT B: Site Plan 3. EXHIBIT C: Statistical Summary of Project 4. EXHIBIT D: Landscape Plan 5. EXHIBIT E: Grading and Drainage Plan 6. EXHIBIT F: Elevations and Floor Plans — Plan A 7. EXHIBIT G: Elevations and Floor Plans — Plan B 8. EXHIBIT H: Exterior Color & Material Sample Board BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) ADOPTED: CITY OF ATASCADERO, CA Roberta Fonzi Chairperson Attest: Warren M. Frace Planning Commission Secretary EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program PD -17 Master Plan of Development (CUP 2003-0098)/ZCH2O03-0048 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 4900 Obispo Road GP: Grading Permit FD: Fire Department PD -17 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2003-0098/ZCH 2003-0048 TO: Temporary Occupancy F0: Final Occupancy WW: Wastewater CA: City Attorney Planning Services 1. The approval of this zone change and use permit shall BP 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 2003- 0032 and then indefinitely following final map. The Master Plan of Development approval shall expire and become null and void unless a final map is recorded consistent with the Master Plan of Development. 3. Changes to the Master Plan of Development shall be On-going PS approved by the Planning Commission and do not require Council action. 4. The Community Development Department shall have the BP / FM PS authority to approve the following minor changes to the project the (1) modify the site plan project by less than 10%, (2) result in a superior site design or appearance, and/or (3) address a construction design issue that is not substantive to the Master Plan of Development. The Planning Commission shall have the final authority to approve any other changes to the Master Plan of Development and any associated Tentative Maps. 5. All subsequent Tentative Tract Map and construction BP / FM PS permits shall be consistent with the Master Plan of Development contained herein. 6. All exterior elevations, finish materials and colors shall be BP PS consistent with the Master Plan of Development as shown in Exhibits B - G. 7. All site development shall be consistent with the maximum BP/FM PS intensities described in the statistical project summary as shown on Exhibit C. 8. All site work, grading and site improvements shall be BP/FM PS consistent with the Master Plan of Development as shown in EXHIBIT B. 9. A final landscape and irrigation plan shall be approved BP PS prior to the issuance of building permits and included as part of site improvement plan consistent with EXHIBIT B Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 4900 Obispo Road GP: Grading Permit FD: Fire Department PD -17 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2003-0098/ZCH 2003-0048 TO: Temporary Occupancy F0: Final Occupancy WW: Wastewater CA: City Attorney and D. 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 and street -facing side yards shall be landscaped by the developer. All landscape maintenance shall be the responsibility of the individual property owner. All proposed tree locations, species, and sizes shall be as identified in Exhibits B and D. Trees shall be double staked. Drainage detention basin shall be landscaped by the developer and maintained by either the property owner or the homeowner's association. Driveways on lots 4 and 6 shall incorporate an initial 12 - foot width with a center 4 -foot wide decorative paver accent ribbon treatment. 10. All project fencing shall be installed consistent with BP PS EXHIBIT B and D subject to the following modifications. The design of all fencing shall be compatible with the overall project design, subject to staff approval 11. Affordable Housing Requirement: The applicant shall FM, BP PS, CE either set aside one housing unit at the moderate category rate for a period of 30 years, or pay an in -lieu fee based on 2.50% of the valuation of each of the market rate units. 12. All exterior material finishes (brick, stone, plank siding, BP PS materials, lighting, garage doors) shall be durable, high quality, and consistent with the architectural appearance of each home. A variety of garage doors shall be used, be of superior design quality, and painted to match the residence main body color. 13. Street terminus shall require the following, subject to staff BP, FM PS, CE approval: • Extension of sidewalk beyond driveway apron of fronting Lot 5 to street terminus, for future roadway extension. • Extension of road improvements to property line. • Temporary fire turn -around at street terminus, to be removed with future roadway extension. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 4900 Obispo Road GP: Grading Permit FD: Fire Department PD -17 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2003-0098/ZCH 2003-0048 TO: Temporary Occupancy F0: Final Occupancy WW: Wastewater CA: City Attorney Building Services 14. A soils investigation prepared by a licensed BP FM Geotechnical Engineer is to be provided for the project. The report is to be provided at the time of building permit submittal along with the building plans for review by the Building Division. Recommendations contained in the report are to be incorporated into the project plans. Fire Marshal 15. Final street name selection shall be consistent with BP PS, BS the future street extension, subject to staff approval. 16. 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. 17. Note approved address signage is to be provided. BP BS 18. Note on plans that fire lanes shall be delineated to BP BS restrict parking as required by the Fire Authority. City Engineer Standard Conditions Drainage: 19. The drainage basin shall be designed to detain the BP PW 50 -year post development storm and release a 2 -year predevelopment. 20. All requirements of Section 5 "Storm Drainage" of the BP PW Engineering Department standard specifications and drawings will be met. 21. Obtain approval by the City Engineer of the grading BP PW and drainage plan and the storm drain design and facilities prior to issuance of any grading permits. 22. Submit calculations to support the design of any BP PW structures or pipes. Closed conduits shall be designed to convey the 10 -year flow with gravity flow; the 25 -year flow with head, and provide safe conveyance for the 100 -year overflow. 23. Concentrated drainage from off-site and onto offsite BP PW areas shall be conveyed across the project site in drainage easements. Acquire drainage easements where needed. Drainage shall cross lot lines only where a drainage easement has been provided. Applicant shall provide copies of drainage easement documents showing conveyance of concentrated flows in drainage easements across adjoining properties. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services 4900 Obispo Road BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department PD -17 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2003-0098/ZCH 2003-0048 TO: Temporary Occupancy F0: Final Occupancy WW: Wastewater CA: City Attorney Frontage Improvements: BP PW 24. Obispo Road. Obispo road shall be evaluated using BP PW a testing method approved by the City Engineer. The road shall be reconstructed or overlayed as recommended by the test results. The City Engineer shall determine the appropriate Traffic Index (TI) for this roadway. The road shall be constructed to Engineering Standard Drawing No. 405. 25. All public improvements shall be designed by a BP PW registered Civil Engineer and constructed in conformance with the City Of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. Improvement Maintenance: Street Improvements and landscaping. 26. The following items are the responsibility of this BP PW development to maintain. They may be maintained through a homeowners association, assessment district, benefit assessment district, landscaping and lighting district, City acceptance or other mechanism to fund and perform short and long term maintenance. This mechanism must be in place prior to the final inspection on the improvements. a) Road Improvements including road surface, curb, gutter and sidewalk and drainage facilities on Calle Miranda. b) The drainage basin. Wastewater: 27. A City Of Atascadero Sewer Extension Performance BP PW Agreement shall be executed. 28. SS mains shall be laid out in a straight line between BP PW manholes. Curved sewer lines will be allowed only under special circumstances. 29. Applicant shall pay sewer Extension (Annexation), BP PW Connection and Reimbursement fees (if applicable) upon issuance of building permit. 30. Final project inspection shall be contingent upon BP PW completion of the public sewer extension and Public Works final inspection. 31. Applicant shall construct public SS Main beginning at BP PW SS Manhole in EI Camino Real approximately 320 feet north of Del Rio road, then east along Del Rio Road to Obispo Road, then north to Obispo Road to the project site. 32. Gravity mains shall terminate in manholes. BP PW 33. Gravity mains and other sewer facilities within the BP PW subdivision shall be privately owned and maintained. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 4900 Obispo Road GP: Grading Permit FD: Fire Department PD -17 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2003-0098/ZCH 2003-0048 TO: Temporary Occupancy F0: Final Occupancy WW: Wastewater CA: City Attorney 34. Private utility easements will be required for sewer BP PW laterals that cross private property lines. 35. Sewer Drainage piping serving fixtures which have BP PW flood level rims located below the elevation of the next upstream manhole cover of the public or private sewer serving such drainage piping shall be protected from backflow of sewage by installing an approved type backwater valve fixtures above such elevation shall not discharge through the backwater valve. 36. Final project inspection shall be contingent upon BP PW completion of the public sewer extension and Public Works final ins pection. 37. All public improvements shall be constructed in BP BS conformance with the City Of Atascadero Engineering Department Standard Specifications and Drawings and/or as directed by the City Engineer. 38. In the event that the applicant is allowed to bond for BP PW the public improvements required as a condition of the final map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 39. An engineer's estimate of probable cost shall be BP PW submitted for review and approval by the City Engineer to determine the amount of the bond. 40. The Subdivision Improvement Agreement shall record BP PW concurrently with the Final Map. 41. An encroachment permit shall be obtained prior to the BP BS issuance of building permit. 42. The applicant shall enter into a Plan Check/Inspection BP PW agreement with the City. 43. A six (6) foot Public Utility Easement (PUE) shall be BP BS provided where needed. 44. The applicant shall be responsible for the relocation BP PW and/or alteration of existing utilities. 45. The applicant shall install all new utilities (water, gas, BP PW electric, cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 46. The applicant shall monument all property corners for BP PS/PW construction control and shall promptly replace them if disturbed. 47. The applicant shall acquire title interest in any off-site BP PS/PW 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 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 4900 Obispo Road GP: Grading Permit FD: Fire Department PD -17 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2003-0098/ZCH 2003-0048 TO: Temporary Occupancy F0: Final Occupancy WW: Wastewater CA: City Attorney adjacent property owners whose ingress and egress is affected by these improvements. 48. Slope easements shall be provided as needed to BP PW accommodate cut of fill slopes. 49. Drainage easements shall be provided as needed to BP BS accommodate both public and private drainage facilities. 50. Plan and Profile drawings of proposed SS facilities BP PW shall be submitted for approval (Utility owner signatures will be required). 51. A preliminary subdivision guarantee shall be BP PW submitted for review in conjunction with the processing of the map. 52. All existing and proposed utility, pipeline, open space, BP PW or other easements are to be shown on the parcel map. If there are building or other restrictions related to the easements, they shall be noted on the parcel map. The applicant shall show all access restrictions on the parcel map. 53. The final map shall be signed by the City Engineer BP PW prior to the map being placed on the agenda for City Council acceptance. 54. Prior to recording the final map, the applicant shall BP PW submit a map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance shall submit the map for review and approval. 55. Prior to recording the final map, the applicant shall set BP PW 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. 56. Prior to recording the parcel map, the applicant shall BP PW pay all outstanding plan check/inspection fees. 57. Prior to recording the map, the applicant shall BP PW complete all improvements required by these conditions of approval. 58. Prior to recording the parcel map, the applicant shall BP PW have the map reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company indicating their review of the map. The letter shall identify any new easements that may be Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 4900 Obispo Road GP: Grading Permit FD: Fire Department PD -17 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2003-0098/ZCH 2003-0048 TO: Temporary Occupancy F0: Final Occupancy WW: Wastewater CA: City Attorney 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. 59. Prior to recording the final map, provisions for the BP PW repair and maintenance of the private sewer shall be included in the CC&R's for this tract. Included shall be a mechanism to maintain the private sewer and structures, such as homeowners association. The City Engineer and City Attorney shall approve the final form prior to recordation. 60. Upon recording the final map, the applicant shall BP PW provide the City with a black line clear Mylar (0.4 mil) copy and a blue line print of the recorded map and a digital copy of the map. 61. Prior to the final inspection of any public BP PW improvements, the applicant shall submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans. 62. Prior to the final inspection, the applicant shall submit BP PW a written certification from a registered civil engineer or land surveyor that all survey monuments have been set as shown on the final map. 63. Applicant shall have six (6) months from public sewer BP PW extension final inspection to submit accurate record (as -built) drawings and a reimbursement map/agreement that has been approved by the Director of Public Works. After the six-month deadline, all right to receive reimbursement from others connecting the public sewer extension shall be waived. Atascadero Mutual Water Company 64. Prior to the recording of the Final Map of the issuance BP BS of building permits, the applicant shall submit plans showing the water distribution facilities required to serve the project for review and approval by the Atascadero Mutual Water Company (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. 65. Prior to starting the construction of improvements, the BP BS applicant shall pay all installation and connection fees required by AMWC. 66. Prior to the issuance of building permits, the applicant BP BS shall obtain a "Will Serve" letter from the Atascadero Mutual Water Company. Mitigation Measures Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 4900 Obispo Road GP: Grading Permit FD: Fire Department PD -17 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2003-0098/ZCH 2003-0048 TO: Temporary Occupancy F0: Final Occupancy WW: Wastewater CA: City Attorney Mitigation Measure 1.c.1: The following landscape mitigations BP BS, PS, CE 1.c.1 shall apply: ■ Proposed fencing location and height shall comply with Atascadero Municipal Code. ■ The project landscaping shall include residential front yards, street facing side yards, Obispo Road frontage, and a minimum 2 street trees per front yard and street facing side yards. ■ The on-site retention basin shall be landscaped with plant materials compatible with the surrounding area while allowing the basin to function as engineered for storm water management. ■ All proposed trees shall be shade trees of 15 -gallon size and double staked. Mitigation Measure 1.c.2: The proposed homes shall include BP BS, PS, CE 1.c.2 the use of earth -tone paint and roof colors designed to blend with the surrounding semi -rural environment and reduce the potential for reflected light and glare. Mitigation Measure 1.d.1: No on-site street lighting is BP BS, PS, CE 1.d.1 proposed. However, if exterior street lighting is proposed, it shall be limited to the intersections only and designed to eliminate any off site glare. All exterior site lights shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. Any luminaire pole height shall not exceed 20 -feet in height, limit intensity to 2.0 foot candles at ingress/egress, and otherwise 0.6 foot candle minimum to 1.0 maximum within the private street. Fixtures shall be shield cut- off type and compatible with neighborhood setting, subject to staff approval. In addition, individual exterior home -owner lighting shall be restricted through CC&R's and individual lot deed -restriction to prohibit high-intensity lighting in excess of one -foot candle, limited in fixture height to not exceed 10 feet, and utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. Mitigation Measure 3.b.1: The project shall be conditioned to BP, GP BS, PS, CE 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 ■ 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, Conditions of Approval / Mitigation Monitoring Program 4900 Obispo Road PD -17 Master Plan of Development CUP 2003-0098/ZCH 2003-0048 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy F0: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure generator sets, compressors, auxiliary power units, with ARB certified motor vehicle diesel fuel (Non - taxed version suitable for use off-road). ■ Maximize to the extent feasible, the use of diesel construction equipment meeting the ARB's 1996 or newer certification standard for off-road heavy-duty diesel engines. ■ Install diesel oxidation catalysts (DOC), catalyzed diesels particulate filters (CDPF) or other District approved emission reduction retrofit services (Required for projects grading more than 4.0 acres of continuously worked area). Section 6.4: Activity Management Techniques ■ Develop a comprehensive construction activity management plan designed to minimize the amount of large construction equipment operating during any given time period. ■ Schedule of construction truck trips during non -peak hours to reduce peak hour emissions. ■ Limit the length of the construction workday period, if necessary. ■ Phase construction activities, if appropriate. Section 6.5: Fugitive PM10 All of the following measures shall be included on grading, demolition and building plan notes: A Reduce the amount of the disturbed area where possible. B. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non -potable) water should be used whenever possible. C. All dirt stockpile areas should be sprayed daily as needed. D. Permanent dust control measures identified in the approved project re -vegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities. E. Exposed ground areas that are plann4ed to be reworked at dates greater than one month after initial grading should be sown with a fast -germinating native grass seed and watered until vegetation is established. F. All disturbed soil areas not subject to re -vegetation should be stabilized using approved chemical soil binder, jute netting, or other methods approved in advance by the APCD. G. All roadways, driveways, sidewalks, etc, to be paved should be complete as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. H. Vehicle speed for all construction vehicles shall not Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 4900 Obispo Road GP: Grading Permit FD: Fire Department PD -17 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2003-0098/ZCH 2003-0048 TO: Temporary Occupancy F0: Final Occupancy WW: Wastewater CA: City Attorney 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. The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust off site. The name and telephone number of such persons shall be provided to the APCD prior to land use clearance for map recordation and land use clearance for finish grading of any structure. Mitigation Measure 4.e.1: The building permit site plan shall BP PS, BS, CE 4.e.1 identify all protection and enhancement measures recommended by the Certified Arborist in the Tree Protection Plan. Tree protection fencing shall be installed at the locations called out in the Tree Protection Plan. Mitigation Measure 4.e.2: The developer shall contract with a BP, GP PS, BS, CE 4.e.2 certified arborist during all phases of project implementation. The certified arborists shall be responsible for monitoring the project during all phases of construction through project completion, as follows: (a) A written agreement between the arborist and the developer outlining a arborist monitoring schedule for each construction phase through final inspection shall be submitted to and approved by planning staff prior to the issuance of building/grading permits. (b) Arborist shall schedule a pre -construction meeting with engineering /planning staff, grading equipment operators, project superintendent to review the project conditions and requirements prior to any grubbing or earth work for any portion of the project site. All tree protection fencing and trunk protection shall be installed for inspection during the meeting. Tree protection fencing shall be installed at the line of encroachment into the tree's root zone area. (c) As specified by the arborist report and City staff: ■ Fencing: Must be a minimum of 4' high, chain link, and snow or safety fence, staked at the drip -line or line of encroachment for each tree or group of trees. Tree fencing shall be erected before demolition, grading, or construction begins and remains in place until final inspection of the project permit, except for work specifically required in the approved plans in Conditions of Approval / Mitigation Monitoring Program 4900 Obispo Road PD -17 Master Plan of Development CUP 2003-0098/ZCH 2003-0048 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy F0: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure which case the project arborist or Planning Staff must be consulted. ■ Warning Sign: A warning sign shall be prominently displayed on each fence. The sign shall be a minimum of 8.5 x 11 -inches and clearly state: WARNING -TREE PROTECTION ZONE- This fence shall not be removed and is subject to a penalty according to the AMC Section 1-3.01. ■ Soil Aeration Methods: Soils under drip -lines that have been compacted by heavy equipment and/or construction activities must be returned to their original state before all work is completed. Methods include water jetting, adding organic matter, and boring small holes with an auger (18" deep, 2-3' apart with a 24" auger) and the application of moderate amounts of nitrogen fertilizer. The arborist shall advise. ■ Chip Mulch: All areas within the drip -line of the trees that cannot be fenced shall receive a 4-6" layer of chip mulch to retain moisture, soilstructure and reduce the effects of soil compaction. ■ Trenching within the Drip -line: All trenching under drip -lines of native trees shall be hand dug, augured or bored. All major roots shall be avoided whenever possible. All exposed roots larger than 1 " in diameter shall be 'clean cut with a sharp pruning tool and not left ragged. ■ Grading within drip -line: Grading should not encroach within the drip -line. If grading is necessary, construction of retaining walls or tree wells or other protection measures may be necessary to insure the survivability of the trees. Chip mulch 4-6" in depth may also be required in these areas. Grading should not disrupt the normal drainage pattern around the trees. Fills should not create a ponding condition and excavations should not leave the tree on a rapidly draining mound. ■ Exposed Roots: Any exposed roots shall be recovered the same day they were exposed. ■ Paving within the Drip -line: Pervious surfacing is required within the dripline of any oak trees. ■ Compaction: Vehicles and all heavy equipment shall not be driven under the trees, as this will contribute to soil compaction. ■ Existing Surfaces: The existing ground surface within the drip -line of all oak trees shall not be cut, filled, compacted or pared. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 4900 Obispo Road GP: Grading Permit FD: Fire Department PD -17 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2003-0098/ZCH 2003-0048 TO: Temporary Occupancy F0: Final Occupancy WW: Wastewater CA: City Attorney ■ Construction materials and waste: No liquid or solid construction waste shall be dumped on the ground within the drip -line of any oak tree. ■ Arborist Monitoring: During construction an arborist shall be present when encroaching within the dripline of any Oak tree. ■ Pre -Construction Meeting: An on-site pre - construction meeting with the Arborist, owner, planning staff, and the earth moving team shall be required for this project. Prior to final occupancy, a letter from the arborist shall be required verifying the health/condition of all impacted trees and providing any recommendations for any additional mitigation. The letter shall verify that the arborist was on site for all grading and/or trenching activity that encroached into the drip -line of the selected native trees, and that all work done in these areas was completed to the standards set forth above. (d). Upon project completion and prior to final occupancy a final status report shall be prepared by the project arborist certifying that the tree protection plan was implemented, the trees designated for protection were protected during construction, and the construction -related tree protection measures are no longer required for tree protection. Mitigation Measure 6.b.1: The grading permit application GP PS, BS, CE 6.b.1 plans shall include erosion control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. Mitigation Measure 6.c.1.: A soils report shall be required to BP, GP PS, BS, CE 6.c.1 be submitted with a future building permit by the building department. Mitigation Measure 8e.f.1: A Stormwater Pollution Prevention GP PS, BS, CE 8.0.1 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 com ply with the approved construction Best Conditions of Approval / Mitigation Monitoring Program 4900 Obispo Road PD -17 Master Plan of Development CUP 2003-0098/ZCH 2003-0048 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy F0: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure Management Practices will result in the issuance of correction notices, citations, or stop orders. Mitigation Measure 11.d.1: All construction activities shall BP, GP PS, BS, CE 11.d.1 comply with the City of Atascadero Noise Ordinance for hours of operation, and as follows: Construction activities shall be limited to the following hours of operation: • 7 a.m. to 7 p.m. Monday through Friday • 9 a.m. to 6 p.m. Saturday • No construction on Sunday Further, particularly loud noises shall not occur before 8 a.m. on weekdays and not at all on weekends. The Community Development Director upon a determination that unusually loud construction activities are having a significant impact on the neighbors may modify the hours of construction. Failure to comply with the above-described hours of operation may result in withholding of inspections and possible construction prohibitions, subject to the review and approval of the Community Development Director. A sign shall be posted on-site with the hours of operation and a telephone number of the person to be contacted in the event of any violations. Staff shall approve the details of such a sign during the Grading Plan/Building Permit review process. EXHIBIT B: Site Plan o®o©000000000 gas EXHIBIT C: Statistical Summary of Project Proposed Project Summary PD -17 LEGEND (35x MAX.) (40% MIN.) LOT# NET LOT BLDG AREA SE A E BLDG S COVERAW.._& LANDSCAPE LANDSCAPE 1 22287 2110 9.5% 10536 47.3% 2 13840 2152 15.6x 7078 51.3% 3 1462 2110 14.4% 8677 59.4x 4 1613 1 2215 19,1x 7 26 64, 8X 4 2215 7 EXHIBIT D: Landscape Plan ©40©000000000 lip, i111l1��If lill'i 11, gas EXHIBIT E: Grading and Drainage Plan EXHIBIT F: ELEVATIONS AND FLOOR PLANS - PLAN A (ONE) u Toll ' � �a t, i it �.�--4�1°� � —�pall IRA i.ssllaiB�Ea[Etitit[,ji{i'iiE�i€fBf::f;.ge6;�EiF9iaiii4j,G3lip to"ilvalaypti gip"igfii�s[II!iiii[g[:°B6! iE9BBEl,3gli,1lgi:[3fiaG T 11 iai[iia �Bti,{Bi:iap,iii"iiil,i,33ciietja [aFhl6FR�"=Si{"iii'�iis'[I{ii3{{C{9{aiR,iaii�a'[}i3ii3lai€ii�G3iBaaa! z § 1[ .3 f Is g{►�� i 43 G Yi iiiii 11:1111 kkkl el 1 a D N O r6p I f f fl oa°� z 9 E6�� v a3p a k 166A�i� a.�...1 E" ,g lt�}j pp Ila is 1[ .3 f Is g{►�� 11:1111 kkkl el E A6i z E6�� v a3p a k 166A�i� E !•��i E" ,g lt�}j pp Ila is z D I{i I lip a !P a "38aG M g S ggg 55322 Bppe� a5;a 3 I S1` St°A �AApA dfa A [a€G€ gq[ 9 ikkl �j ia9.F ��I� ��{{3 A 4� aEEll"�Yfde�A��'` �i1��5$8 ft6E�3� � a3sY4 iY �[ E 5, 3SS a °666664{° C a 3433 as Aa3a3 1 A E € 3 of t i� a sA a;1ia 9i is ' is Y a ai i %�°3" va{" "A �' j a i'a alis t i s ` Rg {€{ kp►ii F aeggAe taai gig I €gj�'€��Iggi I ,�ig39;g;ggg? ¢,9gaa�g,�Y, Ii.,'.AA a 3s 8i e. j{ a€ j ai[sajiE ii i ae'sa€ia $' 9 I {j a9ai i{ s a z iYi s�9 eap� }3.a'333a3ai3s I"Atf a[YN3 i°il;t3a i~ qiA g'a 9 c 11 a• s E a [.E9 i)a i g'. i.I ➢ AR k -Sg#199Ml aaaasi;ti�7i sal j3 igRli is fat dz B � I FgR �' E ga 3 C$9 ai3•' �, € al geaMl � yy [ � : i i {g [� � I!�$�a Fc� �'^ia���ii A.[a a j• { t 9 s I t o a v. d a z; gg a is "a s i a ' as 9 g i:i�?I6 {A Ilt i tlej{ 4 €1 a� { S°. a Fiia t aaFia P At �3,� Ta 1[ .3 f Is g{►�� 11:1111 kkkl z D I{i I lip a !P a "38aG M g S ggg 55322 Bppe� a5;a 3 I S1` St°A �AApA dfa A [a€G€ gq[ 9 ikkl �j ia9.F ��I� ��{{3 A 4� aEEll"�Yfde�A��'` �i1��5$8 ft6E�3� � a3sY4 iY �[ E 5, 3SS a °666664{° C a 3433 as Aa3a3 1 A E € 3 of t i� a sA a;1ia 9i is ' is Y a ai i %�°3" va{" "A �' j a i'a alis t i s ` Rg {€{ kp►ii F aeggAe taai gig I €gj�'€��Iggi I ,�ig39;g;ggg? ¢,9gaa�g,�Y, Ii.,'.AA a 3s 8i e. j{ a€ j ai[sajiE ii i ae'sa€ia $' 9 I {j a9ai i{ s a z iYi s�9 eap� }3.a'333a3ai3s I"Atf a[YN3 i°il;t3a i~ qiA g'a 9 c 11 a• s E a [.E9 i)a i g'. i.I ➢ AR k -Sg#199Ml aaaasi;ti�7i sal j3 igRli is fat dz B � I FgR �' E ga 3 C$9 ai3•' �, € al geaMl � yy [ � : i i {g [� � I!�$�a Fc� �'^ia���ii A.[a a j• { t 9 s I t o a v. d a z; gg a is "a s i a ' as 9 g i:i�?I6 {A Ilt i tlej{ 4 €1 a� { S°. a Fiia t aaFia P At �3,� Ta EXHIBIT F: ELEVATIONS AND FLOOR PLANS - PLAN A (ONE) I� i6 e a � 0 o �D 8 p� eaoeAeeeeeeeed0000000e ©eo EXHIBIT F: ELEVATIONS AND FLOOR PLANS - PLAN A (ONE) !;!I!iliq !I � !!� �'1 I''11111111111'111111111111111111 1`�i C O1111 1111111tllllllllll X11111111 � �I'1'll''11� i lull VIII i1���1�11111111111 11 11111111 0 111111111 111111111111 I '111��I 11�1�1�1�1� "1111 I 11111111111111111111111111'I�I�I 11111111111111'1111,,1111111111111111 II11111111111 1111111 111: IR �I �I� ISI �I�111 I I V �nmuum `I ��L!; 11111411'PI114114�I�I�I �I � ° I 111111111111m� 1 �. - IIIIIIII 11 // I �i4'1 � -.. i,Ihllili�'i'11�� , �l, I - — f. / 1y11i 11 N h44h 11 1'JJI1d11i 1111IIII 1111111 i I 1 1111i1i11�1111�1�1�1�11 111 a 11r, x1,1111,1,. 'Iliy iiilil 141111�1I 11i1i1i11i1i11' SII �I I I 0 0 00 0 ���� 0- e0000000 0 - EXHIBIT F: ELEVATIONS AND FLOOR PLANS - PLAN A (ONE) 17 Dill�lll�i�� �iiuiinm�i II I II��� © Illllllllllll�ull 1 1 1111111 1 IlllKIJ111l�il��„� IILI�U © llll IIII'��� o Iii,inill�IIPI I 1111111111111111111111,1'' 1111111111 I I�IIli Ii1�1�I�11�I11�I1111�I111111�1i111 � Ill I I Il�lililil�ll���lll�lllllll ill '� I'I � � � 'I 1111111 III _ o �i�nllli�� _ o o 0 0 0 I oao 0 II ��� °000000 oe EXHIBIT F: ELEVATIONS AND FLOOR PLANS - PLAN B (TWO) EXHIBIT F: ELEVATIONS AND FLOOR PLANS - PLAN B (TWO) MA Kil 0 0 33 t'a` !%3 t a q€t4iR ad ! pt° E° 4l°!:lata !" a " et i i !oZ !� I l� l lsg g€ a°-agig g a. s 1 la i i� is e° 'S €s° ga t.�° %Bala °af,a $ •t t l 9 as ta$a931 I I a l€ g as is F 31i apE Sa t ! at%a at I€ aali I 1 ��€��aeldea lt�l9t9A%�� z � F el tt�at?�€3 °l���t !a ata��aga, € � I:i, t• a����laga£i� �q�� � 3a,$pkpSS€�9�litt'y 1, f ii 1� I % a3 °, ii q• a a,.a 4 1 aaaa tf �a€a! %aia tlg�97 t ] ap q t as •°lt3 3 aa•�?:a giaaa aR as a a!s€a a€t�a�R a asg;! tR s , ala a € atilal � �a�1�� �1si �� :� �I��� g��{�a� a ,��• a : ii 1 !a 1;l€�aOtd18A€� 6 666 t l li °A a at.:t l"', Will ° - a % aaa i t {; a;i'i 19t ate€ e ? 3 a i41 III ea= l 3 i d: I'll ±tz �����0�0����Q�• " e ..•:i% ataaad l ! i' 14 ' i ► ` ' ` i!¢¢¢p3 "E li INif��}� B s s a s F i! t a �6 6 Eg-a+ le i yaa, tl� eaa. ey I if O 8 6 6 8 0 e a a3 e a e e - a': as MA Kil 0 0 33 t'a` !%3 t a q€t4iR ad ! pt° E° 4l°!:lata !" a " et i i !oZ !� I l� l lsg g€ a°-agig g a. s 1 la i i� is e° 'S €s° ga t.�° %Bala °af,a $ •t t l 9 as ta$a931 I I a l€ g as is F 31i apE Sa t ! at%a at I€ aali I 1 ��€��aeldea lt�l9t9A%�� z � F el tt�at?�€3 °l���t !a ata��aga, € � I:i, t• a����laga£i� �q�� � 3a,$pkpSS€�9�litt'y 1, f ii 1� I % a3 °, ii q• a a,.a 4 1 aaaa tf �a€a! %aia tlg�97 t ] ap q t as •°lt3 3 aa•�?:a giaaa aR as a a!s€a a€t�a�R a asg;! tR s , ala a € atilal � �a�1�� �1si �� :� �I��� g��{�a� a ,��• a : ii 1 !a 1;l€�aOtd18A€� 6 666 t l li °A a at.:t l"', Will ° - a % aaa i t {; a;i'i 19t ate€ e ? 3 a i41 III ea= l 3 i d: I'll ±tz �����0�0����Q�• " e ..•:i% ataaad l ! i' 14 ' i ► ` ' ` i!¢¢¢p3 "E li INif��}� B s s a s F i! t a �6 6 Eg-a+ le i yaa, tl� eaa. ey I if EXHIBIT F: ELEVATIONS AND FLOOR PLANS - PLAN B (TWO) IIfIIIIII'Iillllllllll 'Ii' II'IIII I�III�I�I�I�I�I i 'i'I''''A�I�I�'I � I' �� ��iII1IIII Illlil I I'111III.III'lllll�ll� : �I'IIIIiI�' ��1 lill'I� ull� 'I'I'I� �, 1 II II' I i �I'lllll� � I �I O 1 �i1�''�', �' I� (�I�(Ir Ii _I I IIIIII �I i ■■■ �I�li��illl��i�'��I"��I'11 ■■■■■■■■■■■■■■■■■■■ '!�1I�1 I M� I�1 'll ��IIIII I. ■ it i�,l; ryl' 'lllllll'� iI1III,IIIIII b � Ml o e o 0 0 II IIIIIIIIUI(I e e 00o a 0 I II 0 � pI= eee0000000 00 Y EXHIBIT F: ELEVATIONS AND FLOOR PLANS - PLAN B (TWO) googol p EXHIBIT G: EXTERIOR COLOR & MATERIAL SAMPLE BOARD 4v` 4900 OBISPO ROAD HOUSE COLORS 8123W Chapparel Pea F17 7731W Light Topaz ... 390 Western Beige TRIM COLORS Note: See project file for colors. 182 Arizona White 181 White Shadow 001 White 581 Balsan ELK COMPOSITION ROOF (3o YEAR, PRESIQUE, HIGH DEFINITION) Shakewood Sahlewood MAXIPLAIVK FIBER CEMENT SIDING Classic Cedar A natural raised grain to look and feel like real wood 61/,", 71/,", 8'/,", 97,", 12" x 12' CULTURED STONE elLifnestroml V-2023) BRUSHED BRICK Brushed ATTACHMENTS: Draft Resolution PC 2003-0090 PD -7 Master Plan of Development (CUP 2003-0098)/ZCH2O03-0048/TPM2003-0032 Approval of Proposed Vesting Tentative Tract Map DRAFT RESOLUTION PC 2003-0090 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO RECOMMENDING THAT THE CITY COUNCIL APPROVE VESTING TENTATIVE PARCEL MAP 2003-0032, A FOUR LOT MAP CONSISTENT WITH A PD -17 OVERLAY ZONE OF APN 049-102-055 (4900 Obispo Road / Shores) WHEREAS, an application has been received from Ron Shores (2940 Ardilla Way, Atascadero, CA 93422) Applicant and Property Owner to consider a project consisting of a zone change from RSF-X (Residential Single -Family) to RSF-X / PD -17 (Residential Single - Family with Planned Development Overlay #17) with the adoption of a Master Plan of Development, and a eight lot residential Vesting Tentative Tract Map on APN 049-102-055 and, WHEREAS, the site's General Plan Designation is SFR X (Single -Family Residential -X); and, WHEREAS, the site's current zoning district is RSF-X (Residential Single -Family); and WHEREAS, the Planning Commission has recommended that a site be rezoned to include a PD -17 overlay with a Master Plan of Development thereby allowing a six lot subdivision of the site; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Tentative 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 16, 2003, studied and considered Tentative Tract Map 2003-0032, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project; and, NOW, THEREFORE, the Planning Commission takes the following actions: Section 1. Findings of Approval for Tentative 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 proposed Planned Development Overlay District #7 Master Plan of Development (CUP 2003-0090). 4. The site is physically suitable for the type of development proposed. 5. The site is physically suitable for the density of development proposed. 6. The design and improvement of the proposed subdivision will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat. 7. The design of the subdivision will not conflict with easements acquired by the public at large for access through, or the use of property within, the proposed subdivision; or substantially equivalent alternative easements are provided. 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 qualities (architecture, colors, materials, street amenities, fencing, and landscaping) over time. 9. The proposed subdivision design and type of improvements proposed will not be detrimental to the health, safety or welfare of the general public. SECTION 2. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on August 19, 2003, resolved to recommend that the City Council approval of Vesting Tentative Parcel Map (TPM 2003- 0032) subject to the following: 1. Exhibit A: Vesting Tentative Tract Map 2003-0032 2. Exhibit B: Conditions of Approval / Mitigation Monitoring Program. BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) ADOPTED: CITY OF ATASCADERO, CA Roberta Fonzi Chairperson Attest: Warren M. Frace Planning Commission Secretary Exhibit A: Vesting Tentative Tract Map 2003-0032 I \\ N k95; ;9r 'to 1 rr�r r E °�em�Pp9RdR�tr 6 38i9 � 11 ki gill Ill Ill II ►•»•Fwo� !'j,k ( III i... 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 4900 Obispo Road SIP: Subdivision FD: Fire Department Vesting Tentative Tract Map FM:Improvement Final MapPlans PD: Police Department CE: City Enginegine er TPM 2003-0032 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 Tract Map shall not FM PS become final and effective following approval of Zone Change 2003-0048 and CUP 2003-0098. 2. Approval of this Tentative Tract Map shall be valid for FM PS two years after its effective date. At the end of the period, the approval shall expire and become null and void unless an extension of time is granted pursuant to a written request received prior to the expiration date. 3. The Community Development Department shall have FM PS the authority to approve minor changes to the project that (1) result in a superior site design or appearance, and/or (2) address a design issue that is not substantive to the Tentative Tract Map and that the Final Map is in substantial conformance with the Tentative Map. 4. The Tract Map shall be subject to additional fees for FM PS park or recreation purposes (QUIMBY Act) as required by City Ordinance. 5. The applicant shall record CC&R's for the subdivision FM PS subject to the review and approval of the City Engineer, City Attorney and Planning Services. The CC&R's shall identify the maintenance responsibilities of all private driveways, sewer facilities, drainage facilities, common parking areas, site lighting, landscape areas, fencing, and other common facilities. The CC&R's shall also state that all exterior colors, exterior materials, yard fencing and site landscaping shall be consistent with the overall master plan of development. 6. The granting of this entitlement shall apply to the On going PS property located at 4900 Obispo Road (APN 049-102- 055) regardless of owner. 7. The Final Map shall be drawn in substantial FM PS conformance with the approved tentative map, and in compliance with all conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 8. The subdivider shall defend, indemnify, and hold FM PS harmless the City of Atascadero or its agents, officers, and employees against any claim or action brought to Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services 4900 Obispo Road SIP: Subdivision FD: Fire Department Vesting Tentative Tract Map Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TPM 2003-0032 TO: Temporary Occupancy FI: Final inspection WW: Wastewater CA: City Attorney F0: Final Occupancy AMWC: Water Comp. challenge an approval by the city, or any of its entities, concerning the subdivision. 9. Affordable Housing Requirement: The applicant shall FM PS, CE either set aside one housing unit at the moderate category rate for a period of 30 years, or pay an in -lieu fee based on 2.50% of the valuation of each of he market rate units. 17. Street terminus shall require the following, subject to GP PS, CE staff approval: • Extension of sidewalk beyond driveway apron of fronting Lot 5 to street terminus, for future roadway extension. • Extension of road improvements to property line. • Temporary fire turn -around at street terminus, to be removed with future roadway extension. 10. The applicant will be required to record CC&R's for FM PS, CE the map that will include maintenance and access of common areas. 11. Deed notice shall be recorded with each lot notifying FM PS, CE each property owner that the on-site roadway shall be extended to serve future subdivisions to the north. Building Services 12. A soils investigation prepared by a licensed FM PS, BS, CE Geotechnical Engineer is to be provided for the project. The report is to be provided at the time of building permit submittal along with the building plans for review by the Building Division. Recommendations contained in the report are to be incorporated into the project plans. Fire Marshal 13. Final street name selection shall be consistent with FM PS, CE the future street extension, subject to staff approval 14. Provide a letter from the Atascadero Mutual Water FM CE Company stating the minimum expected water available to the site. Amount available must meet minimum requirement specified in the California Fire Code. 15. Note that approved address signage is to be FM CE provided. 16. Note on plans that fire lanes shall be delineated to FM CE restrict parking as required by the Fire Authority. City Engineer Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 4900 Obispo Road BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Tract Map Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TPM 2003-0032 TO: Temporary Occupancy FI: Final inspection WW: Wastewater CA: City Attorney F0: Final Occupancy AMWC: Water Comp. Standard Conditions Drainage: 17. The drainage basin shall be designed to detain BP PW the 50-year post development storm and release a 2-year predevelopment. 18. All requirements of Section 5 "Storm Drainage" of BP PW the Engineering Department standard specifications and drawings will be met. 19. Obtain approval by the City Engineer of the BP PW grading and drainage plan and the storm drain design and facilities prior to issuance of any grading permits. 20. Submit calculations to support the design of any BP PW structures or pipes. Closed conduits shall be designed to convey the 10-year flow with gravity flow; the 25-year flow with head, and provide safe conveyance for the 100-year overflow. 21. Concentrated drainage from off-site and onto BP PW offsite areas shall be conveyed across the project site in drainage easements. Acquire drainage easements where needed. Drainage shall cross lot lines only where a drainage easement has been provided. Applicant shall provide copies of drainage easement documents showing conveyance of concentrated flows in drainage easements across adjoining properties. Frontage Improvements: 22. Obispo Road. Obispo road shall be evaluated BP PW using a testing method approved by the City Engineer. The road shall be reconstructed or overlayed as recommended by the test results. The City Engineer shall determine the appropriate Traffic Index (TI) for this roadway. The road shall be constructed to Engineering Standard Drawing No. 405. 23. All public improvements shall be designed by a BP PW registered Civil Engineer and constructed in conformance with the City Of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. Improvement Maintenance: Street Improvements and landscaping. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 4900 Obispo Road BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Tract Map Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TPM 2003-0032 TO: Temporary Occupancy FI: Final inspection WW: Wastewater CA: City Attorney F0: Final Occupancy AMWC: Water Comp. 24. The following items are the responsibility of this BP PW development to maintain. They may be maintained through a homeowners association, assessment district, benefit assessment district, landscaping and lighting district, City acceptance or other mechanism to fund and perform short and long term maintenance. This mechanism must be in place prior to the final inspection on the improvements. a. Road Improvements including road surface, curb, gutter and sidewalk and drainage facilities on Calle Miranda. b. The drainage basin. Wastewater: 25. A City of Atascadero Sewer Extension BP PW Performance Agreement shall be executed. 26. SS mains shall be laid out in a straight line BP PW between manholes. Curved sewer lines will be allowed only under special circumstances. 27. Applicant shall pay sewer Extension BP PW (Annexation), Connection and Reimbursement fees (if applicable) upon issuance of building permit. 28. Final project inspection shall be contingent upon BP PW completion of the public sewer extension and Public Works final inspection. 29. Applicant shall construct public SS Main BP PW beginning at SS Manhole in EI Camino Real approximately 320 feet north of Del Rio Road, then east along Del Rio Road to Obispo Road, then north on Obispo Road to the project site. 30. Gravity mains shall terminate in manholes. BP PW 31. Gravity mains and other sewer facilities within the BP PW subdivision shall be privately owned and maintained. 32. Private utility easements will be required for BP PW sewer laterals that cross private property lines. 33. Sewer Drainage piping serving fixtures which BP PW have flood level rims located below the elevation of the next upstream manhole cover of the public or private sewer serving such drainage piping shall be protected from backflow of sewage by installing an approved type backwater valve fixtures above such elevation shall not discharge through the backwater valve. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services 4900 Obispo Road SIP: Subdivision FD: Fire Department Vesting Tentative Tract Map Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TPM 2003-0032 TO: Temporary Occupancy FI: Final inspection WW: Wastewater CA: City Attorney F0: Final Occupancy AMWC: Water Comp. 34. Final project inspection shall be contingent upon BP PW completion of the public sewer extension and Public Works final inspection. 35. All public improvements shall be constructed in BP BS conformance with the City Of Atascadero Engineering Department Standard Specifications and Drawings and/or as directed by the City Engineer. 36. In the event that the applicant is allowed to bond BP PW for the public improvements required as a condition of the final map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 37. An engineer's estimate of probable cost shall be BP PW submitted for review and approval by the City Engineer to determine the amount of the bond. 38. The Subdivision Improvement Agreement shall BP PW record concurrently with the Final Map. 39. An encroachment permit shall be obtained prior BP BS to the issuance of building permit. 40. The applicant shall enter into a Plan BP PW Check/Inspection agreement with the City. 41. A six (6) foot Public Utility Easement (PUE) shall BP BS be provided where needed. 42. The applicant shall be responsible for the BP PW relocation and/or alteration of existing utilities. 43. The applicant shall install all new utilities (water, BP PW gas, electric, cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 44. The applicant shall monument all property BP PS/PW corners for construction control and shall promptly replace them if disturbed. 45. The applicant shall acquire title interest in any BP PS/PW 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. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 4900 Obispo Road BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Tract Map Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TPM 2003-0032 TO: Temporary Occupancy FI: Final inspection WW: Wastewater CA: City Attorney F0: Final Occupancy AMWC: Water Comp. 46. Slope easements shall be provided as needed to BP PW accommodate cut of fill slopes. 47. Drainage easements shall be provided as BP PW needed to accommodate both public and private drainage facilities. 48. Plan and Profile drawings of proposed SS BP PW facilities shall be submitted for approval (Utility owner signatures will be required) 49. A preliminary subdivision guarantee shall be BP PW submitted for review in conjunction with the processing of the map. 50. All existing and proposed utility, pipeline, open BP PW 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. 51. The final map shall be signed by the City BP PW Engineer prior to the map being placed on the agenda for City Council acceptance. 52. Prior to recording the final map, the applicant BP PW shall submit a map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance shall submit the map for review and approval. 53. Prior to recording the final map, the applicant BP PW 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. 54. Prior to recording the parcel map, the applicant BP PW shall pay all outstanding plan check/inspection fees. 55. Prior to recording the map, the applicant shall BP PW complete all improvements required by these conditions of approval. 56. Prior to recording the parcel map, the applicant BP PW 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 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services 4900 Obispo Road SIP: Subdivision FD: Fire Department Vesting Tentative Tract Map Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TPM 2003-0032 TO: Temporary Occupancy FI: Final inspection WW: Wastewater CA: City Attorney F0: Final Occupancy AMWC: Water Comp. 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. 57. Prior to recording the final map, provisions for the BP PW repair and maintenance of the private sewer shall be included in the CC&R's for this tract. Included shall be a mechanism to maintain the private sewer and structures, such as homeowners association. The City Engineer and City Attorney shall approve the final form prior to recordation. 58. Upon recording the final map, the applicant shall BP PW provide the City with a black line clear Mylar (0.4 mil) copy and a Hue line print of the recorded map and a digital copy of the map. 59. Prior to the final inspection of any public BP PW improvements, the applicant shall submit a written statement from a registered civil engineer that all work has been completed and is in fall compliance with the approved plans. 60. Prior to the final inspection, the applicant shall BP PW 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. 61. Applicant shall have six (6) months from public BP PW sewer extension final inspection to submit accurate record (as -built) drawings and a reimbursement map/agreement that has been approved by the Director of Public Works. After the six-month deadline, all right to receive reimbursement from others connection the public sewer extension shall be waived. Atascadero Mutual Water Company 62. Prior to the recording of the Final Map or the BP BS issuance of building permits, the applicant shall submit plans showing the water distribution facilities required to serve the project for review and approval by the Atascadero Mutual Water Company (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. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services 4900 Obispo Road SIP: Subdivision FD: Fire Department Vesting Tentative Tract Map Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TPM 2003-0032 TO: Temporary Occupancy FI: Final inspection WW: Wastewater CA: City Attorney F0: Final Occupancy AMWC: Water Comp. 63. Prior to starting the construction of BP BS improvements, the applicant shall pay all installation and connection fees required by AMWC. 64. Prior to the issuance of building permits, the BP BS applicant shall obtain a "Will Serve" letter from the Atascadero Mutual Water Company. 65. All water distribution facilities shall be BP BS constructed in 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. Mitigation Measures Mitigation Measure 1.c.1: The following landscape mitigations BP BS, PS, CE 1.c.1 shall apply: ■ Proposed fencing location and height shall comply with Atascadero Municipal Code. ■ The project landscaping shall include residential front yards, street facing side yards, Obispo Road frontage, and a minimum 2 street trees per front yard and street facing side yards. ■ The on-site retention basin shall be landscaped with plant materials compatible with the surrounding area while allowing the basin to function as engineered for storm water management. ■ All proposed trees shall be shade trees of 15 -gallon size and double staked. Mitigation Measure 1.c.2: The proposed homes shall include BP BS, PS, CE 1.c.2 the use of earth -tone paint and roof colors designed to blend with the surrounding semi -rural environment and reduce the potential for reflected light and glare. Conditions of Approval / Mitigation Monitoring Program 4900 Obispo Road Vesting Tentative Tract Map TPM 2003-0032 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection F0: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure Mitigation Measure 1.d.1 : No on-site street lighting is BP BS, PS, CE 1.d.1 proposed. However, if exterior street lighting is proposed, it shall be limited to the intersections only and designed to eliminate any off site glare. All exterior site lights shall util ize 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. Conditions of Approval / Mitigation Monitoring Program 4900 Obispo Road Vesting Tentative Tract Map TPM 2003-0032 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection F0: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure Mitigation Measure 3.b.1: The project shall be conditioned to BP, GP BS, PS, CE 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 ■ Maintain all construction equipment in proper tune according to manufacturer's specifications. ■ Fuel all off-road and portable diesel powered equipment, including but not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power units, with ARB certified motor vehicle diesel fuel (Non - taxed version suitable for use off-road). ■ Maximize to the extent feasible, the use of diesel construction equipment meeting the ARB's 1996 or newer certification standard for off-road heavy-duty diesel engines. ■ Install diesel oxidation catalysts (DOC), catalyzed diesels particulate filters (CDPF) or other District approved emission reduction retrofit services (Required for projects grading more than 4.0 acres of continuously worked area). Section 6.4: Activity Management Techniques ■ Develop a comprehensive construction activity management plan designed to minimize the amount of large construction equipment operating during any given time period. ■ Schedule of construction truck trips during non -peak hours to reduce peak hour emissions. ■ Limit the length of the construction workday period, if necessary. ■ Phase construction activities, if appropriate. Section 6.5: Fugitive PM10 All of the following measures shall be included on grading, demolition and building plan notes: A Reduce the amount of the disturbed area where possible. B. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non - potable) water should be used whenever possible. C. All dirt stockpile areas should be sprayed daily as needed. D. Permanent dust control measures identified in the approved project re -vegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities. Conditions of Approval / Mitigation Monitoring Program 4900 Obispo Road Vesting Tentative Tract Map TPM 2003-0032 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection F0: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure 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 Install wheel washers where vehicles enter and exit unpaved roads onto streets, or was off trucks and equipment leaving the site. J. 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. 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. load and top of trailer) in accordance with CVC Section 23114. Mitigation Measure 4.e.1: The building permit site plan shall BP PS, BS, CE 4.e.1 identify all protection and enhancement measures recommended by the Certified Arborist in the Tree Protection Plan. Tree protection fencing shall be installed at the locations called out in the Tree Protection Plan. Conditions of Approval / Mitigation Monitoring Program 4900 Obispo Road Vesting Tentative Tract Map TPM 2003-0032 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection F0: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure Mitigation Measure 4.e.2: The developer shall contract with a BP, GP PS, BS, CE 4.e.2 certified arborist during all phases of project implementation. The certified arborists shall be responsible for monitoring the project during all phases of construction through project completion, as follows: (a) A written agreement between the arborist and the developer outlining a arborist monitoring schedule for each construction phase through final inspection shall be submitted to and approved by planning staff prior to the issuance of building/grading permits. (b) Arborist shall schedule a pre -construction meeting with engineering /planning staff, grading equipment operators, project superintendent to review the project conditions and requirements prior to any grubbing or earth work for any portion of the project site. All tree protection fencing and trunk protection shall be installed for inspection during the meeting. Tree protection fencing shall be installed at the line of encroachment into the tree's root zone area. (c) As specified by the arborist report and City staff: ■ Fencing: Must be a minimum of 4' high, chain link, and snow or safety fence, staked at the drip -line or line of encroachment for each tree or group of trees. Tree fencing shall be erected before demolition, grading, or construction begins and remains in place until final inspection of the project permit, except for work specifically required in the approved plans in which case the project arborist or Planning Staff must be consulted. ■ Warning Sign: A warning sign shall be prominently displayed on each fence. The sign shall be a minimum of 8.5 x 11 -inches and clearly state: WARNING -TREE PROTECTION ZONE- This fence shall not be removed and is subject to a penalty according to the AMC Section 1-3.01. ■ Soil Aeration Methods: Soils under drip -lines that have been compacted by heavy equipment and/or construction activities must be returned to their original state before all work is completed. Methods include water jetting, adding organic matter, and boring small holes with an auger (18" deep, 2-3' apart with a 24" auger) and the application of moderate amounts of nitrogen fertilizer. The arborist shall advise. ■ Chip Mulch: All areas within the drip -line of the trees that cannot be fenced shall receive a 4-6" layer of chip mulch to retain moisture, soil structure and reduce the effects of soil compaction. Conditions of Approval / Mitigation Monitoring Program 4900 Obispo Road Vesting Tentative Tract Map TPM 2003-0032 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection F0: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure ■ Trenching within the Drip-line: All trenching under drip-lines of native trees shall be hand dug, augured or bored. All major roots shall be avoided whenever possible. All exposed roots larger than 1" in diameter shall be 'clean cut with a sharp pruning tool and not left ragged. ■ Grading within drip-line: Grading should not encroach within the dripaine. If grading is necessary, construction of retaining walls or tree wells or other protection measures may be necessary to insure the survivability of the trees. Chip mulch 4-6" in depth may also be required in these areas. Grading should not disrupt the normal drainage pattern around the trees. Fills should not create a ponding condition and excavations should not leave the tree on a rapidly draining mound. ■ Exposed Roots: Any exposed roots shall be recovered the same day they were exposed. ■ Paving within the Drip-line: Pervious surfacing is required within the dripline of any oak trees. ■ Compaction: Vehicles and all heavy equipment shall not be driven under the trees, as this will contribute to soil compaction. ■ Existing Surfaces: The existing ground surface within the drip-line of all oak trees shall not be cut, filled, compacted or pared. ■ Construction materials and waste: No liquid or solid construction waste shall be dumped on the ground within the drip-line of any oak tree. ■ Arborist Monitoring: During construction an arborist shall be present when encroaching within the dripline of any Oak tree. ■ Pre-Construction Meeting: An on-site pre- construction meeting with the Arborist, owner, planning staff, and the earth moving team shall be required for this project. Prior to final occupancy, a letter from the arborist shall be required verifying the health/condition of all impacted trees and providing any recommendations for any additional mitigation. The letter shall verify that the arborist was on site for all grading and/or trenching activity that encroached into the dripaine of the selected native trees, and that all work done in these areas was completed to the standards set forth above. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services 4900 Obispo Road SIP: Subdivision FD: Fire Department Vesting Tentative Tract Map Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TPM 2003-0032 TO: Temporary Occupancy FI: Final inspection WW: Wastewater CA: City Attorney F0: Final Occupancy AMWC: Water Comp. (d). Upon project completion and prior to final occupancy a final status report shall be prepared by the project arborist certifying that the tree protection plan was implemented, the trees designated for protection were protected during construction, and the construction -related tree protection measures are no longer required for tree protection. Mitigation Measure 6.b.1: The grading permit application GP PS, BS, CE 6.b.1 plans shall include erosion control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. Mitigation Measure 6.c.1.: A soils report shall be required to BP, GP PS, BS, CE 6.c.1 be submitted with a future building permit by the building department. Mitigation Measure 8e.f.1: A Stormwater Pollution Prevention GP PS, BS, CE 8.e.f.1 Plan (SWPPP)/Erosion Control Plan shall be submitted and approved by the City Engineer prior to the issuance of the building permit. The plan shall include storm water measures for the operation and maintenance of the project for the review and approval of the City Engineer. The Building Permit application plans shall identify Best Management Practices (BMPs) appropriate to the uses conducted on site that effectively prohibit the entry of pollutants into storm water runoff. Mitigation Measure 8.e.f.2: The developer is responsible for GP PS, BS, CE 8.0.2 ensuring that all contractors are aware of all storm water 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. Conditions of Approval / Mitigation Monitoring Program 4900 Obispo Road Vesting Tentative Tract Map TPM 2003-0032 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection F0: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure Mitigation Measure 11.d.1: All construction activities shall BP, GP PS, BS, CE 11.d.1 comply with the City of Atascadero Noise Ordinance for hours of operation, and as follows: Construction activities shall be limited to the following hours of operation: • 7 a.m. to 7 p.m. Monday through Friday • 9 a.m. to 6 p.m. Saturday • No construction on Sunday Further, particularly loud noises shall not occur before 8 a.m. on weekdays and not at all on weekends. The Community Development Director upon a determination that unusually loud construction activities are having a significant impact on the neighbors may modify the hours of construction. Failure to comply with the above-described hours of operation may result in withholding of inspections and possible construction prohibitions, subject to the review and approval of the Community Development Director. A sign shall be posted on-site with the hours of operation and a telephone number of the person to be contacted in the event of any violations. Staff shall approve the details of such a sign during the Grading Plan/Building Permit review process. ITEM NUMBER: 5 DATE: 9-16-03 Planning Commission Staff Report 5516 Tunitas Avenue Colony House Single Family Planned Development Zone Change 2003-0045, Master Plan of Development (CUP 2003-0094), Vesting Tentative Parcel Map 2003-0040 (5516 Tunitas Avenue / Thibeault) SUBJECT: The proposed project consists of an application for a Zone Change, Conditional Use Permit (CUP) and Tentative Parcel Map. The Zone Change request would establish a Planned Development #7 overlay on the site subject with a master plan of development (CUP) that would allow three (3) new single-family residences to be constructed in addition to the one (1) existing single-family colony house. The Tentative Parcel Map would create a four (4) lot subdivision. The project is subject to architectural, landscape, and historic preservation standards. The project site is moderately sloped and developed as a historic colony home with large side and rear yard area. RECOMMENDATION: Staff Recommends: Adopt Resolution No. PC 2003-0075 recommending that the City Council certify Proposed Mitigated Negative Declaration 2003-0034; and, 2. Adopt Resolution No. PC 2003-0076 recommending that the City Council introduce an ordinance for first reading to approve Zone Change 2003-0045 based on findings; and, 3. Adopt Resolution No. PC 2003-0077 recommending that the City Council approve the Master Plan of Development (CUP 2003-0094) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, 4. Adopt Resolution No. PC 2003-0078 recommending that the City Council approve Vesting Tentative Parcel Map 2003-0040 based on findings and subject to Conditions of Approval and Mitigation Monitoring. SITUATION AND FACTS: 1. Applicant / Representative: 2. Project Address: 3. General Plan Designation: 4. Zoning District: 5. Site Area: 6. Existing Use: 7. Environmental Status: DISCUSSION: Analysis of Plan ninga Issues 1. Project Definition ITEM NUMBER: 5 DATE: 9-16-03 Beauwest, LLC, 7400 Balboa Avenue, Atascadero, CA 93422, (805) 550-5857 5516 Tunitas Avenue, Atascadero, CA 93422 (San Luis Obispo County) APN 029-081-003 General Plan Designation: Medium -Density Residential (10 units/acre) RMF -10 (Residential Multiple Family) 0.59 acre Single Family Residence Proposed Mitigated Negative Declaration 2003-0034 The proposed project consists of three new single-family homes and retention of one existing single-family home located on individual lots that will be developed under the requirements of the PD -7 overlay district within the RMF -10 (Residential Multi -Family) zoning district. The two proposed residences nearest Rosario Avenue (Unit A & B) are approximately 2,269 square feet. The third proposed residence nearest Tunitas Avenue (Unit C) is approximately 1287 square feet. The existing 1,040 square foot home will remain in its present size and location. The project includes one home per lot each with a two -car garage. Each unit is consistent with the PD -7 requirement of providing a minimum 40% parcel landscaping and building footprints of less than 35% of the parcel area. A Master Plan of Development will include all site development and architectural design standards for the project. The Master Plan of Development will be approved in the form of a Conditional Use Permit as required by the Zoning Ordinance. Any future amendments to the Master Plan of Development can be made by the Planning Commission in the future, independent of Council action. ITEM NUMBER: 5 DATE: 9-16-03 Project Summary Table 2. Background Surrounding Land Use and Setting: North: Residential South: Residential East: Residential West: Residential The General Plan and Zoning Ordinance identifies the project site, along with adjacent properties to the north, south and east as Medium -Density Residential with a maximum density of 10 units per acre. Properties to the west are designated as single -family -residential with a one -acre lot minimum. However, most of the properties are less than one -acre in size. The project site multifamily residential zoning is consistent with the General Plan. The 0.59 -acre project site equates to a maximum density of 6 units. However, the General Plan and zoning incorporates factors such as slope, native trees, circulation, building coverage and landscape development standards that could reduce the density accordingly. The zoning ordinance allows the establishment of a Planned Development Overlay No. 7 (PD -7) in the multi- family zone which requires a minimum of four single-family units, consistent with the PD -7 site development standards and appearance review, as analyzed within this report. The PD -7 requires a Master Plan of Development which incorporates site development standards and appearance review including architecture, landscaping, and historic preservation. Per the zoning ordinance, the Master Plan of Development is processed as a Conditional Use Permit. 3. Design and Appearance Architecture, Materials, Color The applicant has worked with staff in designing the homes with special architectural features, upgraded building materials, compatible colors, and landscape design. In addition, LOT SIZE (SQ. FT.) BUILDING COVERAGE PERCENTAGE GROSS AREA (SO, FT.) 2ND FLOOR AREA PERCENTAGES LANDSCAPE PERCENTAGES PARKING PER UNIT GROSS NET 1ST FLOOR 12ND FLOOR A B C i D 24750 18970 23% 5780 2456 307 23% 2 2 2 2 2. Background Surrounding Land Use and Setting: North: Residential South: Residential East: Residential West: Residential The General Plan and Zoning Ordinance identifies the project site, along with adjacent properties to the north, south and east as Medium -Density Residential with a maximum density of 10 units per acre. Properties to the west are designated as single -family -residential with a one -acre lot minimum. However, most of the properties are less than one -acre in size. The project site multifamily residential zoning is consistent with the General Plan. The 0.59 -acre project site equates to a maximum density of 6 units. However, the General Plan and zoning incorporates factors such as slope, native trees, circulation, building coverage and landscape development standards that could reduce the density accordingly. The zoning ordinance allows the establishment of a Planned Development Overlay No. 7 (PD -7) in the multi- family zone which requires a minimum of four single-family units, consistent with the PD -7 site development standards and appearance review, as analyzed within this report. The PD -7 requires a Master Plan of Development which incorporates site development standards and appearance review including architecture, landscaping, and historic preservation. Per the zoning ordinance, the Master Plan of Development is processed as a Conditional Use Permit. 3. Design and Appearance Architecture, Materials, Color The applicant has worked with staff in designing the homes with special architectural features, upgraded building materials, compatible colors, and landscape design. In addition, ITEM NUMBER: 5 DATE: 9-16-03 staff has added conditions of approval consistent with General Plan & Zoning requirements, as identified below. The project has been designed with residential units that incorporate architectural themes and materials compatible with this traditional Atascadero colony neighborhood. Each home has been designed with traditional styling, color, and material palette. The project has been well designed and only minor conditions of approval have been included regarding exterior material finishes (wood, materials, lighting, garage doors) (Conditions 6, 13, and Mitigation Measures 5.a.1, 5.a.2, 5.a.3). A variety of architectural embellishments will be incorporated into the different new house designs, including: Covered entry porches, double or single hung windows, window shutters, architectural banding, decorative gable vents, and composition roof materials. A separate color scheme is proposed for each new house. All trash storage, recycle storage, and air conditioning units will be screened from view behind fenced or landscaped enclosures. The site landscaping plan includes a variety of native and accent trees. All front yards shall be landscaped by the developer (Condition 9). Back yards will be landscaped by the individual property owners. All landscape maintenance will be the responsibility of the individual property owner. Front Elevations of Units A, B, & C ROSARIO AVE. (FRONT) ELEVATION RIGHT SIDE ELEVATION ITEM NUMBER: 5 DATE: 9-16-03 LEFT SIDE ELEVATION TUNITUS AVE. (REAR) ELEVATION W.W.W.WwW..`WWW.m`�`-WW.y.W.LLWWWWUnit C Elevations RIGHT SIDE ELEVATIO11 N FRONT ELEVATION eF�i_i W.W.W.WwW..`WWW.m`�`-WW.y.W.LLWWWWUnit C Elevations RIGHT SIDE ELEVATIO11 N FRONT ELEVATION ITEM NUMBER: 5 DATE: 9-16-03 The applicant has included a color and material sample board for each house plan. Refer to Exhibit J for details. All colors are historically compatible. Landscape Design The preliminary landscape plan has been designed for compatibility with the surrounding neighborhood and visual appearance from Tunitas Avenue. The plans identify landscaping thoughout the site. The landscape plan and palette meets the PD -7 requirements. There are four native oak trees located on the uphill portion of the site. These four native oak trees will not be impacted by the proposed project. The project arborist will certify that the tree protection plan was implemented correctly and the trees designated for protection were protected during construction. Due to the on-site topography, the use of retaining walls is required on Parcel 2, 3, and 4. A condition of approval has been included to design such walls to match or compliment the texture and color of the primary residence (Condition 11). Site Plan, Circulation, Parking The site plan has been proposed to meet the requirements of the Atascadero Municipal Code and the appearance review requirements of the General Plan. The project will include street frontage improvements along Tunitas Avenue. As a result of potential site impacts to the historic colony house site, the project includes a 16 -foot wide driveway with decorate pavers (Condition 16). A special finding has been included to address that the existing colony house does not include an on-site standard guest parking space. Unit A, B, and C all contain 2 on-site parking spaces which is consistent with the code -required parking spaces. Site Drainage The site slopes to the southeast. Drainage has been designed to flow into an or -site storm water detention basin within the Tunitas Avenue front yard lawn area. Wa.ctPwntPr Sanitary sewer will be connected to the existing Tunitas Avenue sewer line. 4. Historic Preservation Historic Evaluation: As identified on the 1926 Sanborn Insurance Map for the Atascadero Colony Home and the project title report, it appears the of -site historic residence was built between 1919 and 1926. The 1926 Sanborn Insurance Map identifies a single-family 1 -story residence built on the subject property in its existing location and configuration. Q'I /U6 / p �'i . Q. QJul ITEM NUMBER: 5 DATE: 9-16-03 Colony --� House Project Site Fj0 SAFi< Upon a site inspection by staff, it appears that the house retains a high level of integrity, and is the builder's interpretation of a vernacular style Craftsman Bungalow, common in pattern books and popular magazines from about 1905 until the early 1920s. Although a detailed historic evaluation has not been prepared, it appears that the historic house exhibits local significance in the area of architecture as an example of vernacular craftsman architecture that possesses integrity of location, design, setting, materials, workmanship, feeling and association, and may be eligible for individual listing in the California Register of Historical Resources. Criterion C that includes structures that "embodies the distinctive characteristics of type, period, or method of construction, that represent the work of a master, or that possess high artistic values." Under Criterion C, the property is significant because it embodies characteristics distinctive to its period of construction (1919) and because it possess high artistic value. Properties eligible for National Register inclusion must meet the criteria of significance and possess integrity. Integrity has seven aspects: location, design, setting, materials, workmanship, feeling and association. Staff has provided a brief evaluation of each aspect as follows: ITEM NUMBER: 5 DATE: 9-16-03 Location: The colony house remains on its original construction site and possesses integrity of location. Design: The colony house retains its single -story vernacular craftsman bungalow detailing and design integrity. The building exhibits a pair of low-pitched front gabled roofs with a central hipped porch, decorative braces under gables, exposed roof rafters, redwood clapboard siding, and window and door placement. Setting: The colony house retains its original 0.59 -acre parcel. Many of the surrounding lots are as depicted in the original 1916 Colony Plat Map and 1926 Sanborn Map. However, newer residences surround the house. Site features such as any original ornamental landscape are nor -existent with the exception of the open front lawn and the on-site oak trees. The property possesses marginal integrity of setting because of the surrounding altered physical environment. Materials: The colony house features characteristics and materials distinctive to smaller vernacular craftsman bungalow homes as seen in the building detailing. There is a high degree of integrity of workmanship. Workmanship: Vernacular artisan craftsmanship is revealed in the construction details of this residence, including the eve brackets, distinctive wood clapboard siding, double -hung wood windows, front porch construction, and a foundation built into the slope which provides an elevated font porch and raised appearance. Feeling: Like setting, the integrity of feeling is diminished for the colony house by changes in the neighborhood. Originally sharing larger lots by similar properties, the colony house property is presently adjacent to smaller subdivided properties some of which are presently occupied by contemporary residential buildings. The Tunitas Avenue neighborhood contains several colony -era residences and the mature landscaping and street trees provide a connection to the original colony town setting. However, the infill development of vacant lots with more contemporary multi- family dwellings and complexes has diminished the historic setting and feeling. Association: Association with Atascadero community has not been researched at this time. However, with additional research and analysis, it may be possible to establish a clear association with a pioneering or prominent figure in the community during the early era of Atascadero colony development. Consistency with U.S. Secretary of the Interior's Standards: The proposed project shall incorporate the Secretary of the Interior's Standards and Illustrated Guidelines for Rehabilitating Historic Buildings. The standards apply to the exterior rehabilitation of the ITEM NUMBER: 5 DATE: 9-16-03 Colony house, design and construction of the proposed three homes, retention of the onsite oak trees, and proposed landscape improvements to the overall project site. For detailed information, the National Park Service maintains a web site at http://www2.cr.nps.gov/tps/tax/rhb/. In addition, a copy of the guidelines can be reviewed at the City's Community Development Department. The proposed construction, lot size, and site improvements will contribute toward increasing the economic viability of the existing house as an original Atascadero colony residence. In addition, the colony house lot shall include a deed restriction preventing the site from being subdivided or from being altered that degrades the significance of this historic house. The overall project site has been carefully planned to reduce impacts to the historic house and setting to a level of insignificance. An additional mitigation has been included to require Covenants, Conditions and Restrictions (CC&R's) or equivalent mechanism that incorporate the planned development conditions of approval to ensure that the site retains the historic qualities (historic buildings, architecture, colors, materials, fencing, and landscaping) over time. 5. Project Benefits One of the required findings for approval of a planned development rezone is that the project must "offer certain redeeming features to compensate for the requested modification." Due to the site's limited area and relatively small subdivision, no room is available for common recreational facilities. However, the project will have a number of "redeeming features" which include the following: 1) preservation of the historic colony house; 2) sensitive design of new homes and placement in relation to the historic colony house; 3) each unit will have a private yard area that will allow for outdoor recreational opportunities, 4) architectural and landscape features of the project have been designed to enhance the project's appearance and benefit the surrounding neighborhood, and 5) the paved private driveway will incorporate special paving treatment (Mitigation Measure 5.a.3). Affordable Housing The City Council has implemented an interim inclusionary affordable housing program to include a fixed percentage of units within residential developments that require a legislative approval to be reserved as deed restricted affordable units or a in -lieu fee to be collected. This interim program allows the project applicant a choice of either setting aside one housing unit at the moderate rate for a period of 30 years, or paying an in -lieu fee based on 2.50% of the valuation of each of the market rate units. A condition of approval has been added to this effect (Condition 12 and TPM 9). According to the San Luis Obispo County Department of Planning & Building, a 2 -bedroom moderate level affordable unit only qualifies if the sales price does not exceed $ 245,724 or the rent does not exceed $ 886 per month with a 30 -year deed restriction commitment. These numbers are subject to change as they are adjusted monthly. ITEM NUMBER: 5 DATE: 9-16-03 6. Tentative Parcel Map A four -lot parcel map is proposed as part of the project consistent with the Master Plan of Development. The parcel map has been conditioned by staff to meet all City standards including street frontage improvements. The applicant will be required to record CC&R's for the map that will include maintenance and access of common areas (Condition TPM 11). 7. Master Plan of Development (Conditional Use Permit) As previously mentioned, a Master Plan of Development is required for the PD -7, to be approved through the Conditional Use Permit process. The Conditional Use Permit process provides the opportunity for the public and the Planning Commission to review the specifics of land use proposals, such as architectural design, site design, landscape, signage, and specific standards of the zoning ordinance. The Planning Commission must make the following five findings to approve a Conditional Use Permit: 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 Medium Density Residential designation of the Plan and General Plan Land Use Element Policy 1.1, Policy 6.4, and Housing Element Policy 4.3. 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) including the PD -7 Ordinance. Staff Comment: As conditioned, the project satisfies all PD -7 zoning code provisions. 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use. Staff Comment: The proposed residential project will not be detrimental to the general public or working persons health, safety, or welfare. 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development. Staff Comment: The project has been designed to be consistent with the existing neighborhood character, and to enhance the historic colony house site integrity. 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in ITEM NUMBER: 5 DATE: 9-16-03 conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. Staff Comment: The proposed project and use is consistent with the traffic projections and road improvements anticipated within the General Plan. The proposed project density (10 units/acre) equates to a maximum of 6 units on the project site. Based on staff s analysis in the preceding sections, it appears that all of the required findings for approval of a Master Plan of Development (Conditional Use Permit) can be made. 8. General Plan Consistency The proposed project is consistent with the following General Plan Land Use Element Policies: Land Use Policy 1.1: `Preserve the rural atmosphere of the community and assure "elbow room " in areas designed for lower density development by guiding new development into the Urban Core to conform to the historic Colony land use patterns of the City and to respect the natural environment, hillside area and existing neighborhoods ". Land Use Policy 6.4: "Encourage conservation and preservation of structures and houses that have historical and architectural significance. " Housing Element Policy 4.3: "Encourage attractive architecture and site landscaping that respect terrain and native trees ". Implementing General Plan programs require appearance review of architectural design, materials, street trees, and landscaping to maintain the rural atmosphere and protect the environment, and incorporate architectural themes into the site and building design. In addition, the General Plan requires utilization of the U.S. Secretary of the Interior's Standards and Guidelines for Rehabilitating Historic Properties for assessing proposed improvements to historic properties. As analyzed above, the proposed project, as conditioned is consistent with the General Plan. In staffs opinion the project is consistent with the goals and policies of the Land Use Element and the Housing Element, with the retention of the historic colony house and the inclusion of one affordable moderate -income unit. The project will provide three small lot, single- family dwellings that fulfill an important housing need within the community. As conditioned, the project incorporates architectural and landscape elements that are consistent with the scale and character of the historic colony house, the surrounding neighborhood, and the General Plan's appearance review requirement. ITEM NUMBER: 5 DATE: 9-16-03 9. Proposed Environmental Determination Staff has prepared an Environmental Impact Assessment in the form of a Draft Mitigated Negative Declaration. The document was circulated to public agencies and interested members of the public on July 16, 2003. The historic documentation provided by the applicant and analyzed by staff has been incorporated into the environmental documentation. The environmental analysis identified concerns regarding potential impacts to Cultural (Historic) Resources, Land Use and Planning. Mitigation measures pertaining to the project design, siting criteria, and the U.S. Secretary of the Interior's Standards and Illustrated Guidelines for Rehabilitating Historic Buildings are included. A finding is proposed that this project would not have a significant effect on the environment based upon the implementation of the identified mitigation measures. The Initial Study has evaluated the potential for this project to cause an adverse effect -- either individually or cumulatively -- on wildlife resources. There is no evidence the proposed project would have any potential for adverse effect on wildlife resources. Based on this finding, a Certificate of Fee Exemption will be submitted with the Notice of Determination after project approval, as required by Public Resources Code section 21089. The Certificate of Fee Exemption allows the project to be exempted from the review fee and environmental review by the California Department of Fish and Game. The proposed project has been designed in consultation with City staff regarding the preservation of the existing on-site colony house as a historic resource. The proposed site plan, architecture, colors and materials have been incorporated into the project as mitigation toward reducing potentially significant impacts to historic resources to a level of insignificance. The project also represents a consistent General Plan density (maximum 10 units/acre), requiring a Planned Development with benefits, as proposed. The applicant has incorporated mitigation into the proposed project design and concurs with all mitigation measures contained within the project initial study and this staff report. As a result, a Mitigated Negative Declaration has been prepared. It is the opinion of staff that combination of design features incorporated into the proposed project, mitigation measures, and conditions of approval will reduce environmental impacts on historic resources to a level of insignificance. Staff is recommending the Commission recommend that the City Council certify Proposed Mitigated Negative Declaration 2003-0034. 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. ITEM NUMBER: 5 DATE: 9-16-03 ALTERNATIVES The Commission may make modifications to the project and/or conditions of approval for the project. 2. The Commission may determine that more information is needed on some aspect of the project and may refer the item back to the applicant and staff to develop the additional information. The Commission should clearly state the type of information that is required and move to continue the item to a future date. 3. The Commission may deny the project. The parcel would retain its designation of Residential Multi -Family. The Commission should specify the reasons for denial of the project and make an associated finding with such action. PREPARED BY: Steve McHarris, Planning Services Manager ATTACHMENTS: Attachment 1: Location Map, Zoning and General Plan Attachment 2 Draft Resolution of Approval Proposed Mitigated Negative Declaration Attachment 3: Draft Resolution of Approval Proposed Zoning Map Change Attachment 4: Draft Resolution of Approval Proposed Master Phn of Development Attachment 5: Draft Resolution of Approval Proposed Vesting Tentative Parcel Map ITEM NUMBER DATE: 9-16-03 Attachment 1: Location Map, General Plan and Zoning ATTACHMENT 2: Draft Resolution PC 2003-0075 PD -7 Master Plan of Development (CUP 2003-0094)/ZCH2O03-0045VTPM 2003-0040 Approval of Draft Mitigated Negative Declaration DRAFT RESOLUTION PC 2003-0075 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO RECOMMENDING THAT THE CITY COUNCIL CERTIFY PROPOSED MITIGATED NEGATIVE DECLARATION 2003-0034 PREPARED FOR ZONE CHANGE 2003-0045, CONDITIONAL USE PERMIT 2003-0094 AND TENTATIVE TRACT MAP 2003-0040 APN 029-081-003 (5516 Tunitas Avenue / Thibeault) WHEREAS, an application has been received from Beauwest, LLC (7400 Balboa, Atascadero, CA 93422) Applicant and Property Owner to consider a project consisting of a zone change from RMF -10 (Residential MultrFamily) to RMF -10 / PD -7 (Residential Multr Family with Planned Development Overlay #7) with the adoption of a Master Plan of Development, and a four lot residential Tentative Parcel Map on APN 029-081-003 and, WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2003- 0034 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 2003-0034 based on the following Findings as shown on Exhibit A: The Proposed Mitigated Negative Declaration has been completed in compliance with CEQA; and, 2. The Proposed Mitigated Negative Declaration was presented to the Planning Commission, and the information contained therein was considered by the Planning Commission, prior to recommending action on the project for which it was prepared; and, The project does not have the potential to degrade the environment when mitigation measures are incorporated into the project. 4. The project will not achieve short-term to the disadvantage of long-term environmental goals. Planning Commission Resolution 2003-0075 September 2, 2003 Page 2 of 7 5. The project does not have impacts which are individually limited, but cumulatively considerable. 6. The project will not cause substantial adverse effects on human beings either directly or indirectly. 7. Proposed project incorporates the U.S. Secretary of the Interior's Standards and Illustrated Guidelines for Rehabilitating Historic Buildings. BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) CITY OF ATASCADERO, CA Roberta Fonzi Chairperson Attest: Warren M. Frace Planning Commission Secretary Planning Commission Resolution 2003-0075 September 2, 2003 Page 3 of 7 Exhibit A Proposed Mitigated Negative Declaration 2003-0034 Planning Commission Resolution 2003-0075 September 2, 2003 Page 4 of 7 ATTACHMENT 3: Draft Resolution PC 2003-0076 PD -7 Master Plan of Development (CUP 2000-0094)/ZCH2O03-0045 Approval of Proposed Zoning Map Change DRAFT RESOLUTION PC 2003-0076 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO RECOMMENDING THAT THE CITY COUNCIL APPROVE ZONE CHANGE 2003-0045, AMENDING THE OFFICIAL ZONING MAP DESIGNATION OF APN 029-081-003 FROM RMF -10 TO RMF -10 / PD -7 (5516 Tunitas Avenue / Thibeault) WHEREAS, an application has been received from Beauwest, LLC (7400 Balboa Road, Atascadero, CA 93422) Applicant and Property Owner to consider a project consisting of a zone change from RMF -10 (Residential Mult�Family) to RMF -10 / PD -7 (Residential Multi -Family with Planned Development Overlay #7) with the adoption of a Master Plan of Development, and a four lot residential Tentative Parcel Map on APN 029-081-003 and, WHEREAS, the site's General Plan Designation is MDR (Medium Density Residential); and, WHEREAS, the site's current zoning district is RMF -10 (Residential Multiple - Family); and WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact this 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 2003-0045, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and, Planning Commission Resolution 2003-0075 September 2, 2003 Page 5 of 7 NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Findings for Approval of a Zone Change to the Official Zoning Map of Atascadero Creating a PD -7 Planned Development Overlay District. The Planning Commission finds as follows: 1. Modification of development standards or processing requirements is warranted to promote orderly and harmonious development. 2. Modification of development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area. Benefits derived from the overlay zone cannot be reasonably achieved through existing development standards or processing requirements. 4. Proposed plans offer certain redeeming features to compensate for the requested modification. 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: Exhibit A: Zone Change Map Planning Commission Resolution 2003-0075 September 2, 2003 Page 6 of 7 BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. AYES: NOES: ABSENT: ABSTAIN: ADOPTED: CITY OF ATASCADERO, CA Roberta Fonzi Chairperson Attest: Warren M. Frace Planning Commission Secretary Planning Commission Resolution 2003-0075 September 2, 2003 Page 7 of 7 Exhibit A: Zone Change Map 2003-0045 ATTACHMENT 4: Draft Resolution PC 2003-0077 PD -7 Master Plan of Development (CUP 2003-0094)/ZCH2O03-0045 Approval of Proposed Master Plan of Development DRAFT RESOLUTION PC 2003-0077 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO RECOMMENDING THAT THE CITY COUNCIL APPROVE A MASTER PLAN OF DEVELOPMENT (CONDITIONAL USE PERMIT 2003-0094) FOR A PD -7 OVERLAY ZONE OF APN 029-081-003 (5516 Tunitas Avenue / Thibeault) WHEREAS, an application has been received from Beauwest, LLC (7400 Balboa Road, Atascadero, CA 93422) Applicant and Property Owner to consider a project consisting of a zone change from RMF -10 (Residential MultimFamily) to RMF -10 / PD -7 (Residential Multi -Family with Planned Development Overlay #7) with the adoption of a Master Plan of Development, and a four lot residential Tentative Parcel Map on APN 029-081-003 and, WHEREAS, the site's General Plan Designation is MDR (Medium -Density Residential); and, WHEREAS, the site's current zoning district is RMF -10 (Residential Multiple - Family); and, WHEREAS, the Planning Commission has recommended that a site be rezoned to include a PD -7 overlay district which requires the adoption of a Master Plan of Development; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Change application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Master Plan of Development; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on Tuesday, September 2, 2003, studied and considered the Master Plan of Development (CUP 2003-0090), after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Findings for Approval of Master Plan of Development. The Planning Commission finds as follows: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual; and, 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) including the PD -7 Ordinance; and, 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. 6. Proposed project incorporates the U.S. Secretary of the Interior's Standards and Illustrated Guidelines for Rehabilitating Historic Buildings. 7. Required 45 -foot lot width for Parcel 4 (Unit C) is achieved with a 4 -foot jog in the property line to preserve the open front yard historic setting. 8. Standard guest parking space for Parcel 3 (Unit D) is not provided to preserve the historic site setting. 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 2003- 0094) subject to the following: 1. EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program 2. EXHIBIT B: Site Plan / Vesting Tentative Parcel Map 3. EXHIBIT C: Statistical Summary Project 4. EXHIBIT D: Landscape Plan 5. EXHIBIT E: Grading and Drainage Plan 6. EXHIBIT F: Unit A & B Elevations 7. EXHIBIT G: Unit C Elevations 8. EXHIBIT H: Unit A & B Floor Plans 9. EXHIBIT L• Unit C Floor Plans 10. EXHIBIT J: Exterior Color & Material Sample Board BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) ADOPTED: CITY OF ATASCADERO, CA Roberta Fonzi Chairperson Attest: Warren M. Frace Planning Commission Secretary EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program PD -7 Master Plan of Development (CUP 2003-0094)/ZCH2O03-0045 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 5516 Tunitas Avenue GP: Grading Permit FD: Fire Department PD -7 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2003-0094/ZCH 2003-0045 TO: Temporary Occupancy F0: Final Occupancy WW: Wastewater CA: City Attorney Planning Services 1. The approval of this zone change and use permit shall PS become final and effective following City Council approval. 2. Approval of this Master Plan of Development shall be valid FM PS concurrently with the life of Tentative Parcel Map 2003- 0040 and then indefinitely following final map. The Master Plan of Development approval shall expire a nd become null and void unless a final map is recorded consistent with the Master Plan of Development. 3. Changes to the Master Plan of Development shall be On-going PS approved by the Planning Commission and do not require Council action. 4. The Community Development Department shall have the BP / FM PS authority to approve the following minor changes to the project the (1) modify the site plan project by less than 10%, (2) result in a superior site design or appearance, and/or (3) address a construction design issue that is not substantive to the Master Plan of Development. The Planning Commission shall have the final authority to approve any other changes to the Master Plan of Development and any associated Tentative Maps. 5. All subsequent Tentative Parcel Map and construction 13P/FM PS permits shall be consistent with the Master Plan of Development contained herein. 6. All exterior elevations, finish materials and colors shall be BP PS consistent with the Master Plan of Development as shown in Exhibit F, G, H, I, and J. 7. All site development shall be consistent with the maximum BP/FM PS intensities described in the statistical project summary as shown on EXHIBIT C. 8. All site work, grading and site improvements shall be BP/FM PS consistent with the Master Plan of Development as shown in EXHIBIT B, C, D, E, F, G, H, I, and J. 9. A final landscape and irrigation plan shall be approved BP PS prior to the issuance of building permits and included as part of site improvement plan consistent with EXHIBIT D. All exterior meters, air conditioning units and mechanical equipment shall be screened with landscape material. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services 5516 Tunitas Avenue BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department PD-7 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2003-0094/ZCH 2003-0045 TO: Temporary Occupancy F0: Final Occupancy WW: Wastewater CA: City Attorney Trash/recycle container areas shall be screened with fencing or landscape. All front, side, rear yards shall be landscaped by the developer. All landscape maintenance shall be the responsibility of the individual property owner. Add one front yard shade tree to Parcel 4. All trees to be 15-gallon size and double staked. 10. All project fencing shall be installed consistent with BP PS EXHIBIT D subject to the following modifications. a. The front yards adjacent to Tunitas Avenue (Parcels C & D) shall not be enclosed with any fencing, which exceeds 3-feet in height. b. The design of all fencing shall be compatible with the overall project design, subject to staff approval. c. Front yard drainage detention basin shall extend over proposed lots 3 and 4 to provide a shallower basin. Basin shall be designed to appear as front lawn. 11. Retaining walls visible for the street shall incorporate GP PS design & materials to match or compliment the texture and BP color of the primary residence. Rear yard retaining walls may be designed to blend with the proposed landscaping. 12. Affordable Housing Requirement: The applicant shall FM, BP PS, CE either set aside one housing unit at the moderate category rate for a period of 30 years, or pay an in-lieu fee based on 2.50% of the valuation of each of the market rate units. 13 All exterior material finishes (wood, materials, lighting, BP PS garage doors) shall be durable, high quality, and consistent with the historically compatible appearance. 14. The colony house lot shall include a deed restriction FM PS, CE preventing the site from being subdivided or from being altered, which degrades the historic significance of the property. Building Services 15. A soils investigation prepared by a licensed BP FM Geotechnical Engineer is to be provided for the project. The report is to be provided atthe time of building permit submittal along with the building plans for review by the Building Division. Recommendations contained in the report are to be incorporated into the project plans. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 5516 Tunitas Avenue GP: Grading Permit FD: Fire Department PD -7 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2003-0094/ZCH 2003-0045 TO: Temporary Occupancy F0: Final Occupancy WW: Wastewater CA: City Attorney Fire Marshal 16. Driveway to be paved with decorative pavers. Final BP PS, BS paver selection to compliment historic colony house, subject to staff approval. 17. Show location of existing and any proposed fire BP BS hydrants. 18. Provide a letter from the Atascadero Mutual Water BP BS Company stating the minimum expected water available to the site. Amount available must meet min. requirement specified in the California Fire Code. 19. Note approved address signage is to be provided. BP BS 20. Note on plans that fire lanes shall be delineated to BP BS restrict parking as required by the Fire Authority. City Engineer Standard Conditions 21. In the event that the applicant is allowed to bond for BP BS the public improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 22. An engineer's estimate of probable cost shall be BP PW submitted for review and approval by the City Engineer to determine the amount of the bond. 23. The Subdivision Improvement Agreement shall record BP PW concurrently with the Final Map. 24. All public improvements shall be constructed in BP PW conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 25. The applicant shall enter into a Plan Check/Inspection BP BS agreement with the City. 26. The applicant shall be responsible for the relocation BP PW and/or alteration of existing utilities. 27. The applicant shall install all new utilities (water, gas, BP BS electric, cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 28. The applicant shall monument all property corners for BP PW construction control and shall promptly replace them if disturbed. 29. A preliminary subdivision guarantee shall be BP PW submitted for review in conjunction with the processing of the parcel map. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 5516 Tunitas Avenue GP: Grading Permit FD: Fire Department PD -7 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2003-0094/ZCH 2003-0045 TO: Temporary Occupancy F0: Final Occupancy WW: Wastewater CA: City Attorney 30. All existing and proposed utility, pipeline, open space, BP PS/PW or other easements are to be shown on the parcel map. If there are building or other restrictions related to the easements, they shall be noted on the parcel map. The applicant shall show all access restrictions on the parcel map. 31. Prior to recording the parcel map, the applicant shall BP PS/PW submit a map drawn in substantial conformance with the approved tentative map and in compliance with all conditions the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance forth herein shall submit set for review and approval. 32. Prior to ecording the parcel map, the applicant's BP PW surveyor shall set monuments at all new property corners or shall indicate, by certificate on the final map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 33. Prior to recording the parcel map, the applicant shall BP BS pay all outstanding plan check/inspection fees. 34. Prior to recording the parcel map, the applicant shall BP PW have the map reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company, which indicates their review of the map. The letter shall identify any new easements, which may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the parcel map. 35. Upon recording the final map, the applicant shall BP PW provide the City with a black line clear Mylar (0.4 mil) copy and a blue line print of the recorded map. 36. Prior to the final inspection of any public BP PW improvements, the applicant shall submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans. City Engineer Site Specific Conditions 37. The applicant shall construct new curb and gutter, in BP PS/PW accordance with City Standards, as shown on improvement plans, along entire frontage. 38. The applicant shall saw cut and remove existing BP PW asphalt concrete roadway as shown on plans and repave to new curb and gutter, in accordance with City Standards. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 5516 Tunitas Avenue GP: Grading Permit FD: Fire Department PD-7 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2003-0094/ZCH 2003-0045 TO: Temporary Occupancy F0: Final Occupancy WW: Wastewater CA: City Attorney 39. The applicant shall address storm water detention BP PW prior to grading and drainage approval. 40. The applicant shal I pay sewer Extension (Annexation) BP PW and Connection fees upon issuance of building permit. 41. Each building shall be individually connected to the BP PW public sewer via a 4" gravity lateral to which each individual 2" force main will be connected. 42. Building plans shall be include detail of sewage BP BS sumps and pumps, control panel and alarm systems. 43. A 5-foot drainage easement shall be recorded on the BP PW final map along the south property line of Parcel A and Parcel B and the east property line of Parcel B. 44. Existing drainage patterns from adjacent properties BP PW shall not be obstructed. 45. All drainage from improvements shall cross property BP PW lines within drainage easements. Atascadero Mutual Water Company 46. Prior to the recordation of the Final Parcel Map, the BP BS applicant shall submit plans showing the water distribution facilities required to serve the project for review and approval by the Atascadero Mutual Water Company. All new water distribution facilities shall be constructed in conformance with Atascadero Mutual Water Company Standards. 47. Prior to the recordation of the Final Map, the applicant BP BS shall obtain a " Will Serve " letter from the Atascadero Mutual Water Company. 48. Prior to issuance of building permits, the applicant BP BS shall pay all installation and connection fees required by the Atascadero Mutual Water Company. 49. Show all fire suppression appurtenances required by BP BS the Atascadero Fire Department. Mitigation Measures Mitigation Measure 1.c.1: If exterior lighting is proposed, it BP PS 1.c.1 shall be designed to eliminate any off site glare. All exterior site lights shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. Any luminaire pole height shall not exceed 16-feet in height, limit intensity to 2.0 foot candles at ingress/egress, and otherwise 0.6 foot candle minimum to 1.0 maximum within the private street. Fixtures shall be shield cut-off type and compatible with historic setting, subject to staff approval. Mitigation Measure 3.b.1: The project shall be conditioned to BP BS 3.b.1 comply with all applicable District regulations pertaining to the Conditions of Approval / Mitigation Monitoring Program 5516 Tunitas Avenue PD -7 Master Plan of Development CUP 2003-0094/ZCH 2003-0045 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy F0: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure control of fugitive dust (PM -10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. Section 6.3: Construction Equipment • Maintain all construction equipment in proper tune according to manufacturer's specifications. • Fuel all off-road and portable diesel powered equipment, including but not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power units, with ARB certified motor vehicle diesel fuel (Non - taxed version suitable for use off-road). • Maximize to the extent feasible, the use of diesel construction equipment meeting the ARB's 1996 or newer certification standard for off-road heavy-duty diesel engines. • Install diesel oxidation catalysts (DOC), catalyzed diesels particulate filters (CDPF) or other District approved emission reduction retrofit services (Required for projects grading more than 4.0 acres of continuously worked area). Section 6.4: Activity Management Techniques • Develop a comprehensive construction activity management plan designed to minimize the amount of large construction equipment operating during any given time period. • Schedule of construction truck trips during non -peak hours to reduce peak hour emissions. • Limit the length of the construction workday period, if necessary. • Phase construction activities, if appropriate. Section 6.5: Fugitive PM10 All of the following measures shall be included on grading, demolition and building plan notes: A Reduce the amount of the disturbed area where possible. B. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non - potable) water should be used whenever possible. C. All dirt stockpile areas should be sprayed daily as needed. D. Permanent dust control measures identified in the approved project re -vegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities. E. Exposed ground areas that are plann4ed to be reworked at dates greater than one month after initial grading should be sown with a fast -germinating native grass seed and watered until vegetation is established. F. All disturbed soil areas not subject to re -vegetation should be stabilized using approved chemical soil binder, jute netting, or other methods approved in advance by the APCD. G. All roadways, driveways, sidewalks, etc, to be paved Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 5516 Tunitas Avenue GP: Grading Permit FD: Fire Department PD -7 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2003-0094/ZCH 2003-0045 TO: Temporary Occupancy F0: Final Occupancy WW: Wastewater CA: City Attorney 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 4.e.1: The building permit site plan shall GP BS 4.e.1 identify all protection and enhancement measures recommended by the Certified Arborist in the Tree Protection Plan. Tree protection fencing shall be installed at the locations called out in the Tree Protection Plan. Mitigation Measure 4.e.2: The developer shall contract with a GP BS 4.e.2 certified arborist during all phases of project implementation. The certified arborists shall be responsible for monitoring the project during all phases of construction through project completion, as follows: (a). A written agreement between the arborist and the developer outlining a arborist monitoring schedule for each construction phase through final inspection shall be submitted to and approved by planning staff prior to the issuance of building/grading permits. (b). Arborist shall schedule a pre -construction meeting with engineering /planning staff, grading equipment operators, project superintendent to review the project conditions and requirements prior to any grubbing or earth work for any portion of the project site. All tree protection fencing and trunk protection shall be installed for inspection during the meeting. Tree protection fencing shall be installed at the line of encroachment into the tree's root zone area. (c). As specified by the arborist report and City staff: ■ Prune all trees to be saved for structural strength and crown cleaning by a licensed and certified arborist; ■ Remove all debris and spoils from the lot cleaning and tree pruning. ■ All trenching or grading within the protected root zone Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 5516 Tunitas Avenue GP: Grading Permit FD: Fire Department PD-7 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2003-0094/ZCH 2003-0045 TO: Temporary Occupancy F0: Final Occupancy WW: Wastewater CA: City Attorney area, outside of the tree protection fence shall require hand trenching or preserve and protect roots that are larger than 2 inches in diameter. ■ No grading or trenching is allowed within the fenced protected area. ■ Any roots that are 4 inches in diameter or larger are not to be cut until inspected and approved by the on- site arborist. ■ Apply any additional recommendations of the project arborist. (d). Upon project completion and prior to final occupancy a final status report shall be prepared by the project arborist certifying that the tree protection plan was implemented, the trees designated for protection were protected during construction, and the construction-related tree protection measures are no longer required for tree protection. Mitigation Measure 4.e.3: Project manager should be GP BS 4.e.3 responsible for instructing workers about tree protection goals, implementing protection of root zones, and installing and maintaining protective fencing. Mitigation Measure 4.e.4: Protective fencing is required GP BS 4.e.4 between all construction activities and native trees. The fencing shall consist of five-foot tall orange plastic, with steel t posts sunk into the ground, eight feet apart. The fencing shall be installed prior to any site disturbance or construction, and shall remain in place until all construction is complete. Mitigation Measure 4.e.5: No grading, trenching, materials GP BS 4.e.5 storage, soil storage, debris, or site disturbance shall occur within the protected area. No concrete, plaster, or paint washout shall be allowed within the tree protection zone. Mitigation Measure 4.e.6: Excavation for buildings A and B GP BS 4.e.6 shall employ techniques that minimize the amount of soil removed. Vertical cuts are preferred. Any back cuts greater than six feet from the north wall of building A and west wall of building B, shall be supported with shoring. Excavation for the west side of building B, the north side of building A, shall be done using special procedures for the upper three feet of soil, to avoid tearing of roots. Heavy equipment may be used to remove soil to within two feet of the anticipated edge of cut. Then roots will be uncovered by hand, and cut cleanly with a sharp hand saw at the lie of finish cut. This will avoid tearing of roots. The soil may then be removed, using heavy equipment. Below three feet depth, heavy equipment may be used for the entire excavation. Construction of sidewalk and steps from Rosario Avenue to buildings A and B shall minimize excavation to less than four inches of cut or fill below the walk. Mitigation Measure 4.e.7: If living roots two inches in diameter GP BS 4.e.7 or more are encountered during trenching or excavation, they shall be cleanly cut by the contractor, with a sharp handsaw, to remove the frayed end. Do no paint the cut ends of roots. Keep the roots moist by covering the excavation edge with plastic sheeting. Backfill the excavation as soon as possible. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 5516 Tunitas Avenue GP: Grading Permit FD: Fire Department PD -7 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2003-0094/ZCH 2003-0045 TO: Temporary Occupancy F0: Final Occupancy WW: Wastewater CA: City Attorney Mitigation Measure 4.e.8: Excavation for the west side of GP BS 4.e.8 garage D will be by hand in all areas within fifteen feet of the trunk of tree #1. Any large roots encountered will be preserved, and the foundation will span over the root. Cushioning for the root shall be blocks of Styrofoam, four inches thick, over the top and sides of the root. Mitigation Measure 4.e.9: Tree pruning should be done by a GP BS 4.e.9 qualified ISA certified arborist or ISA tree worker. A.N.S.I. A- 300 and Z-133 standards for tree care and the City Of Atascadero Tree Ordinance shall be used and followed at all times. Mitigation Measure 5.a.1: The proposed project shall GP PS, BS, CE 5.a.1 incorporate the Secretary of the Interior's Standards and Illustrated Guidelines for Rehabilitating Historic Buildings. The standards shall apply to the exterior rehabilitation of the Colony house, construction of the new detached garage for the colony house, design of the proposed three homes, and proposed landscape improvements to the overall project site, subject to staff review and approval. Mitigation Measure 5.a.2: Replacement of any exterior GP PS, BS, CE 5.a.2 materials or design features on the original colony homes shall be consistent with the Secretary of the Interior's Standards and Illustrated Guidelines for Rehabilitating Historic Buildings. This shall include the replacements of any doors and windows with solid wood framing of similar design and appearance. Vinyl, vinyl -cladding, and metal materials are not permitted. Mitigation Measure 5.a.3: The proposed project shall include GP PS, BS, CE 5.a.3 Covenants, Conditions and Restrictions (CC&R's) or equivalent mechanism that incorporate the planned development conditions of approval to ensure that the site retains the historic qualities (historic buildings, architecture, colors, materials, fencing, and landscaping) over time. Mitigation Measure 5.b.1: Should any cultural resources be GP PS, BS, CE 5.b.1 unearthed during site development work, the provisions of CEQA -Section 15064.5, will be followed to reduce impacts to a non-significant level. Mitigation Measure 6.b.1: The grading permit application plans GP, BP PS, BS, CE 6.b.1 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 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. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 5516 Tunitas Avenue GP: Grading Permit FD: Fire Department PD -7 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2003-0094/ZCH 2003-0045 TO: Temporary Occupancy F0: Final Occupancy WW: Wastewater CA: City Attorney Mitigation Measure 6.c.d: A soils report shall be required to be GP, BP PS, BS, CE 6.c.d.1 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 residents and buildings. Mitigation Measure 6.d.1: All recommendations contained GP, BP PS, BS, CE 6.d.1 within the project geotechnical investigation by GSI dated 2/27/03 shall be incorporated into the building plans and adhered to during construction through project completion. Mitigation Measure 8e.f.1: A Storm Water Pollution Prevention BP PS, BS ,CE 8.e.f.1 Plan (SWPPP)/Erosion Control Plan shall be submitted and approved by the City Engineer prior to the issuance of the building permit. The plan shall include storm water measures for the operation and maintenance of the project for the review and approval of the City Engineer. The Building Permit application plans shall identify Best Management Practices (BMPs) appropriate to the uses conducted on site that effectively prohibit the entry of pollutants into storm water runoff. Mitigation Measure 8.e.f.2: The developer is responsible for BP PS, BS, CE 8.e.f.2 ensuring that all contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop orders. Mitigation Measure 11.d.1: All construction activities shall GP, BP PS, BS, CE 11.d.1 comply with the City of Atascadero Noise Ordinance for hours of operation. Construction activities shall be limited to the following hours of operation: • 7 a.m. to 7 p.m. Monday through Friday • 9 a.m. to 6 p.m. Saturday • No construction on Sunday Further, particularly loud noises shall not occur before 8 a.m. on weekdays and not at all on weekends. The Community Development Director upon a determination that unusually loud construction activities are having a significant impact on the neighbors may modify the hours of construction. Failure to comply with the above-described hours of operation may result in withholding of inspections and possible construction prohibitions, subject to the review and approval of the Community Development Director. A sign shall be posted on-site with the hours of operation and a telephone number of the person to be contacted in the event of any violations. Staff shall approve the details of such a sign during the Grading Plan/Building Permit review process. EXHIBIT B: Site Plan / Vesting Tentative Parcel Map SHE ..N 3 „.`w. n 6� EXHIBIT C: Statistical Summary of Project Proposed Project Summary LOT SIZE (SQ. FT.) BUILDING COVERAGE PERCENTAGE GROSS AREA (SQ. FT.) 2ND FLOOR AREA PERCENTAGES LANDSCAPE PERCENTAGES PARKING PER UNIT GROSS NET 1ST FLOOR 2ND FLOOR A B C D 24750 18970 23% 5780 2450 30% 237. 2 2 2 2 EXHIBIT D: Landscape Plan -t• Ef �N r 01 i ...w - �. ,. 4® 3�y �IbySO �N r 01 i ...w - �. ,. 4® 3�y �IbySO EXHIBIT E: Grading and Drainage Plan r� _ 31)N3i1V Sb11Nny I 1 1 a 1 1 i t— _........ Inn EXHIBIT F: Unit A & B Elevations ROSARIO AVE. (FRONT) ELEVATION LEFT SIDE ELEVATION RIGHT SIDE ELEVATION TUNITUS AVE. (REAR) ELEVATION EXHIBIT G: Unit C Elevations W W W W W W W W WRIGHT SIDE ELEVATION REAR ELEVATION FRONT ELEVATION EXHIBIT H: Unit A & B Floor Plans m co t 77 II EXHIBIT H: Unit A & B Floor Plans �- Z/LL-AL sE - .91fft 9-A-}- . 9L/E Ll -3 ..9-.E - -- .9L/S Y-.9 E--. -- - co 0 y a a W m O 1. q in \ W c m a % r 1 J? i -£L .9A L it EXHIBIT 1: Unit c Floor P� _ ■ e 22 | . t / $ �a - � ED c CU � I I � # ; _ cn z l cm _ _>< Qj � o - — — � - --- a EXHIBIT J: EXTERIOR COLOR & MATERIAL SAMPLE BOARD ATTACHMENTS: Draft Resolution PC 2003-0078 PD -7 Master Plan of Development (CUP 2003-0094)/ZCH2O03-0045/TPM2003-0040 Approval of Proposed Vesting Tentative Tract Map DRAFT RESOLUTION PC 2003-0078 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO RECOMMENDING THAT THE CITY COUNCIL APPROVE VESTING TENTATIVE PARCEL MAP 2003-0040, A FOUR LOT MAP CONSISTENT WITH A PD -7 OVERLAY ZONE OF APN 029-081-003 (5516 Tunitas Avenue / Thibeault) WHEREAS, an application has been received from Beauwest, LLC, (7400 Balboa Atascadero, CA 93422) Applicant and Property Owner to consider a project consisting of a zone change from RMF -10 (Residential Mult�Family) to RMF -10 / PD -7 (Residential Multi- Family with Planned Development Overlay #7) with the adoption of a Master Plan of Development, and a four lot residential Tentative Parcel Map on APN 029-081-003 and, WHEREAS, the site's General Plan Designation is MDR (Medium -Density Residential); and, WHEREAS, the site's current zoning district is RMF -10 (Residential Multi Family); and, WHEREAS, the Planning Commission has recommended that a site be rezoned to include a PD -7 overlay with a Master Plan of Development thereby allowing a six lot subdivision of the site; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Tentative Parcel Map application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said application; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on September 2, 2003, studied and considered Tentative Parcel Map 2003-0040, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project; and, NOW, THEREFORE, the Planning Commission takes the following actions: Section 1. Findings of Approval for Tentative Parcel Map, the Planning Commission of the City of Atascadero finds as follows: 1. The proposed subdivision, as conditioned, is consistent with the General Plan and applicable zoning requirements. 2. The design and improvement of the proposed subdivision is consistent with the General Plan and applicable zoning requirements. 3. The proposed subdivision, as conditioned, is consistent with the proposed Planned Development Overlay District #7 Master Plan of Development (CUP 2003-0094). 4. The site is physically suitable for the type of development proposed. 5. The site is physically suitable for the density of development proposed. 6. The design and improvement of the proposed subdivision will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat. 7. The design of the subdivision will not conflict with easements acquired by the public at large for access through, or the use of property within, the proposed subdivision; or substantially equivalent alternative easements are provided. 8. The design of the subdivision will provide a deed restriction on the colony house Parcel D will include a deed restriction preventing the site from being subdivided or from being altered which degrades the significance of the historic house. 9. Covenants, Conditions and Restrictions (CC&R's) shall be required that incorporate the planned development conditions of approval to ensure that the site retains the historic qualities (historic buildings, architecture, colors, materials, street amenities, fencing, and landscaping) over time 10. The proposed subdivision design and type of improvements proposed will not be detrimental to the health, safety or welfare of the general public. 11. Required 45 -foot lot width for Parcel 4 (Unit C) is achieved with a 4 -foot jog in the property line to preserve the open front yard historic setting. 12. Standard guest parking space for Parcel 3 (Unit D) is not provided to preserve the historic site setting. 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 Parcel Map (TPM 2003- 0040) subject to the following: 1. Exhibit A: Vesting Tentative Parcel Map 2003-0040 2. Exhibit B: Conditions of Approval / Mitigation Monitoring Program. BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) ADOPTED: CITY OF ATASCADERO, CA Roberta Fonzi Chairperson Attest: Warren M. Frace Planning Commission Secretary Exhibit A: Vesting Tentative Parcel Map 2003-0040 to a 1116, � .7 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 5516 Tunitas Avenue BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Parcel Map Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TPM 2003-0040 TO: Temporary Occupancy Fl: Final inspection WW: Wastewater CA: City Attorney F0: Final Occupancy AMWC: Water Comp. Planning Services 1. The approval of this Tentative Parcel Map shall not FM PS become final and effective following approval of Zone Change 2003-0040 and CUP 2003-0094. 2. Approval of this Tentative Parcel Map shall be valid for FM PS two years after is 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 conformancewith the Tentative Map. 4. The Parcel Map shall be subject to additional fees for FM PS park or recreation purposes (QUIMBY Act) as required by City Ordinance. 5. The applicant shall record CC&R's for the subdivision FM PS subject to the review and approval of the City Engineer, City Attorney and Planning Services. The CC&R's shall identify the maintenance responsibilities of all private driveways, sewer facilities, drainage facilities, common parking areas, site lighting, landscape areas, fencing, and other common facilities. The CC&R's shall also state that all exterior colors, exterior materials, yard fencing and site landscaping shall be consistent with the overall master plan of development. 6. The granting of this entitlement shall apply to the On going PS property located at 5516 Tunitas Avenue (APN 029- 081-003) regardless of owner. 7. The Final Map shall be drawn in substantial FM PS conformance with the approved tentative map, and in compliance with all conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 8. The subdivider shall defend, indemnify, and hold FM PS harmless the City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 5516 Tunitas Avenue BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Parcel Ma g p Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TPM 2003-0040 TO: Temporary Occupancy FI: Final inspection WW: Wastewater CA: City Attorney FO: Final Occupancy AMWC: Water Comp. concerning the subdivision. 9. Affordable Housing Requirement: The applicant shall FM PS, CE either set aside one housing unit at the moderate category rate for a period of 30 years, or pay an in -lieu fee based on 2.50% of the valuation of each of the market rate units. 10. The colony house lot shall include a deed restriction GP PS, CE preventing the site from being subdivided or from being altered, which degrades the historic significance of the property. 11. The applicant will be required to record CC&R's for FM PS, CE the map that will include maintenance and access of common areas. Building Services 11. A soils investigation prepared by a licensed FM PS, BS, CE Geotechnical Engineer is to be provided for the project. The report is to be provided at the time of building permit submittal along with the building plans for review by the Building Division. Recommendations contained in the report are to be incorporated into the project plans. Fire Marshal 12. Driveway to be paved with decorative pavers. Final FM PS, CE paver selection to compliment historic colony house, subject to staff approval.. 13. Show location of existing and any proposed fire FM CE hydrants. 14. Provide a letter from the Atascadero Mutual Water FM CE Company stating the minimum expected water available to the site. Amount available must meet minimum requirement specified in the California Fire Code. 15. Note that approved address signage is to be FM CE provided. 16. Note on plans that fire lanes shall be delineated to FM CE restrict parking as required by the Fire Authority. City Engineer Standard Conditions 17. In the event that the applicant is allowed to bond for BP BS the public improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 18. An engineer's estimate of probable cost shall be BP PW submitted for review and approval by the City Engineer to determine the amount of the bond. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 5516 Tunitas Avenue BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Parcel Ma g p Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TPM 2003-0040 TO: Temporary Occupancy FI: Final inspection WW: Wastewater CA: City Attorney FO: Final Occupancy AMWC: Water Comp. 19. The Subdivision Improvement Agreement shall record BP PW concurrently with the Final Map. 20. All public improvements shall be constructed in BP PW conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 21. The applicant shall enter into a Plan Check/Inspection BP BS agreement with the City. 22. The applicant shall be responsible for the relocation BP PW and/or alteration of existing utilities. 23. The applicant shall install all new utilities (water, gas, BP BS electric, cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 24. The applicant shall monument all property corners for BP PW construction control and shall promptly replace them if disturbed. 25. A preliminary subdivision guarantee shall be BP PW submitted for review in conjunction with the processing of the parcel map. 26. All existing and proposed utility, pipeline, open space, BP PS/PW or other easements are to be shown on the parcel map. If there are building or other restrictions related to the easements, they shall be noted on the parcel map. The applicant shall show all access restrictions on the parcel map. 27. Prior to recording the parcel map, the applicant shall BP PS/PW submit a map drawn in substantial conformance with the approved tentative map and in compliance with all conditions the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance forth herein shall submit set for review and approval. 28. Prior to recording the parcel map, the applicant's BP PW surveyor shall set monuments at all new property corners or shall indicate, by certificate on the final map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 29. Prior to recording the parcel map, the applicant shall BP BS pay all outstanding plan check/inspection fees. 30. Prior to recording the parcel map, the applicant shall BP PW have the map reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company, which indicates their review of the map. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 5516 Tunitas Avenue BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Parcel Ma g p Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TPM 2003-0040 TO: Temporary Occupancy FI: Final inspection WW: Wastewater CA: City Attorney FO: Final Occupancy AMWC: Water Comp. The letter shall identify any new easements, which may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the parcel map. 31. Upon recording the final map, the applicant shall BP PW provide the City with a black line clear Mylar (0.4 mil) copy and a blue line print of the recorded map. 32. Prior to the final inspection of any public BP PW improvements, the applicant shall submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans. City Engineer Site Specific Conditions 33. The applicant shall construct new curb and gutter, in BP PS/PW accordance with City Standards, as shown on improvement plans, along entire frontage. 34. The applicant shall saw cut and remove existing BP PW asphalt concrete roadway as shown on plans and repave to new curb and gutter, in accordance with City Standards. 35. The applicant shall address storm water detention BP PW prior to grading and drainage approval. 36. The applicant shall pay sewer Extension (Annexation) BP PW and Connection fees upon issuance of building permit. 37. Each building shall be individually connected to the BP PW public sewer via a 4" gravity lateral to which each individual 2" force main will be connected. 38. Building plans shall be include detail of sewage BP BS sumps and pumps, control panel and alarm systems. Atascadero Mutual Water Company 39. Prior to the recordation of the Final Parcel Map, the BP BS applicant shall submit plans showing the water distribution facilities required to serve the project for review and approval by the Atascadero Mutual Water Company. All new water distribution facilities shall be constructed in conformance with Atascadero Mutual Water Company Standards. 40. Prior to the recordation of the Final Map, the applicant BP BS shall obtain a " Will Serve " letter from the Atascadero Mutual Water Company. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 5516 Tunitas Avenue BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Parcel Ma g p Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TPM 2003-0040 TO: Temporary Occupancy FI: Final inspection WW: Wastewater CA: City Attorney FO: Final Occupancy AMWC: Water Comp. 41. Prior to issuance of building permits, the applicant BP BS shall pay all installation and connection fees required by the Atascadero Mutual Water Company. 42. Show all fire suppression appurtenances required by BP BS the Atascadero Fire Department. 43. Prior to the recordation of the Final Parcel Map, the BP BS applicant shall submit plans showing the water distribution facilities required to serve the project for review and approval by the Atascadero Mutual Water Company. All new water distribution facilities shall be constructed in conformance with Atascadero Mutual Water Company Standards. 44. A 5 -foot drainage easement shall be recorded on the BP PW final map along the south property line of Parcel A and Parcel B and the east property line of Parcel B. 45. Existing drainage patterns from adjacent properties BP PW shall not be obstructed. 46. All drainage from improvements shall cross property BP PW lines within drainage easements. Mitigation Measures Mitigation Measure 1.c.1: If exterior lighting is proposed, it BP PS 1.c.1 shall be designed to 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 16 -feet in height, limit intensity to 2.0 foot candles at ingress/egress, and otherwise 0.6 foot candle minimum to 1.0 maximum within the private street. Fixtures shall be shield cut-off type and compatible with historic setting, subject to staff approval. Mitigation Measure 3.b.1: The project shall be conditioned to BP BS 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 • 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 Conditions of Approval / Mitigation Monitoring Program 5516 Tunitas Avenue Vesting Tentative Parcel Ma g p TPM 2003-0040 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection 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 AMWC: Water Comp. Mitigation Measure continuously worked area). Section 6.4: Activity Management Techniques • Develop a comprehensive construction activity management plan designed to minimize the amount of large construction equipment operating during any given time period. • Schedule of construction truck trips during non -peak hours to reduce peak hour emissions. • Limit the length of the construction workday period, if necessary. • Phase construction activities, if appropriate. Section 6.5: Fugitive PM10 All of the following measures shall be included on grading, demolition and building plan notes: A Reduce the amount of the disturbed area where possible. B. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non - potable) water should be used whenever possible. C. All dirt stockpile areas should be sprayed daily as needed. D. Permanent dust control measures identified in the approved project re -vegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities. E. Exposed ground areas that are plann4ed to be reworked at dates greater than one month after initial grading should be sown with a fast -germinating native grass seed and watered until vegetation is established. F. All disturbed soil areas not subject to re -vegetation should be stabilized using approved chemical soil binder, jute netting, or other methods approved in advance by the APCD. G. All roadways, driveways, sidewalks, etc, to be paved should be complete as soon as possible. In addition, building pads should be laid as soon as possible after 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 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 5516 Tunitas Avenue BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Parcel Ma g p Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TPM 2003-0040 TO: Temporary Occupancy FI: Final inspection WW: Wastewater CA: City Attorney FO: Final Occupancy AMWC: Water Comp. 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. Mitiaation Measure 4.e.1: The building permit site plan shall GP BS 4.e.1 identify all protection and enhancement measures recommended by the Certified Arborist in the Tree Protection Plan. Tree protection fencing shall be installed at the locations called out in the Tree Protection Plan. Mitigation Measure 4.e.2: The developer shall contract with a GP BS 4.e.2 certified arborist during all phases of project implementation. The certified arborists shall be responsible for monitoring the project during all phases of construction through project completion, as follows: (a). A written agreement between the arborist and the developer outlining a arborist monitoring schedule for each construction phase through final inspection shall be submitted to and approved by planning staff prior to the issuance of building/grading permits. (b). Arborist shall schedule a pre -construction meeting with engineering /planning staff, grading equipment operators, project superintendent to review the project conditions and requirements prior to any grubbing or earth work for any portion of the project site. All tree protection fencing and trunk protection shall be installed for inspection during the meeting. Tree protection fencing shall be installed at the line of encroachment into the tree's root zone area. (c). As specified by the arborist report and City staff: ■ Prune all trees to be saved for structural strength and crown cleaning by a licensed and certified arborist; ■ Remove all debris and spoils from the lot cleaning and tree pruning. ■ All trenching or grading within the protected root zone area, outside of the tree protection fence shall require hand trenching or preserve and protect roots that are larger than 2 inches in diameter. ■ No grading or trenching is allowed within the fenced protected area. ■ Any roots that are 4 inches in diameter or larger are not to be cut until inspected and approved by the on- site arborist. ■ Apply any additional recommendations of the project arborist. (d). Upon project completion and prior to final occupancy a final status report shall be prepared by the project arborist certifying that the tree protection plan was implemented, the trees designated for protection were protected during construction, and the construction -related tree protection measures are no longer required for tree protection. Mitigation Measure 4.e.3: Project manager should be GP BS 4.e.3 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services 5516 Tunitas Avenue SIP: Subdivision FD: Fire Department Vesting Tentative Parcel Ma g p Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TPM 2003-0040 TO: Temporary Occupancy FI: Final inspection WW: Wastewater CA: City Attorney FO: Final Occupancy AMWC: Water Comp. responsible for instructing workers about tree protection goals, implementing protection of root zones, and installing and maintaining protective fencing. Mitigation Measure 4.e.4: Protective fencing is required GP BS 4.e.4 between all construction activities and native trees. The fencing shall consist of five-foot tall orange plastic, with steel t posts sunk into the ground, eight feet apart. The fencing shall be installed prior to any site disturbance or construction, and shall remain in place until all construction is complete. Mitigation Measure 4.e.5: No grading, trenching, materials GP BS 4.e.5 storage, soil storage, debris, or site disturbance shall occur within the protected area. No concrete, plaster, or paint washout shall be allowed within the tree protection zone. Mitigation Measure 4.e.6: Excavation for buildings A and B GP BS 4.e.6 shall employ techniques that minimize the amount of soil removed. Vertical cuts are preferred. Any back cuts greater than six feet from the north wall of building A and west wall of building B, shall be supported with shoring. Excavation for the west side of building B, the north side of building A, shall be done using special procedures for the upper three feet of soil, to avoid tearing of roots. Heavy equipment may be used to remove soil to within two feet of the anticipated edge of cut. Then roots will be uncovered by hand, and cut cleanly with a sharp hand saw at the lie of finish cut. This will avoid tearing of roots. The soil may then be removed, using heavy equipment. Below three feet depth, heavy equipment may be used for the entire excavation. Construction of sidewalk and steps from Rosario Avenue to buildings A and B shall minimize excavation to less than four inches of cut or fill below the walk. Mitigation Measure 4.e.7: If living roots two inches in diameter GP BS 4.e.7 or more are encountered during trenching or excavation, they shall be cleanly cut by the contractor, with a sharp handsaw, to remove the frayed end. Do no paint the cut ends of roots. Keep the roots moist by covering the excavation edge with plastic sheeting. Backfill the excavation as soon as possible. Mitigation Measure 4.e.8: Excavation for the west side of GP BS 4.e.8 garage D will be by hand in all areas within fifteen feet of the trunk of tree #1. Any large roots encountered will be preserved, and the foundation will span over the root. Cushioning for the root shall be blocks of Styrofoam, four inches thick, over the top and sides of the root. Mitigation Measure 4.e.9: Tree pruning should be done by a GP BS 4.e.9 qualified ISA certified arborist or ISA tree worker. A.N.S.I. X 300 and Z-133 standards for tree care and the City Of Atascadero Tree Ordinance shall be used and followed at all times. Mitigation Measure 5.a.1: The proposed project shall GP PS, BS, CE 5.a.1 incorporate the Secretary of the Interior's Standards and Illustrated Guidelines for Rehabilitating Historic Buildings. The standards shall apply to the exterior rehabilitation of the Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services 5516 Tunitas Avenue SIP: Subdivision FD: Fire Department Vesting Tentative Parcel Ma g p Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TPM 2003-0040 TO: Temporary Occupancy FI: Final inspection WW: Wastewater CA: City Attorney FO: Final Occupancy AMWC: Water Comp. Colony house, construction of the new detached garage for the colony house, design of the proposed three homes, and proposed landscape improvements to the overall project site, subject to staff review and approval. Mitigation Measure 5.a.2: Replacement of any exterior GP PS, BS, CE 5.a.2 materials or design features on the original colony homes shall be consistent with the Secretary of the Interior's Standards and Illustrated Guidelines for Rehabilitating Historic Buildings. This shall include the replacements of any doors and windows with solid wood framing of similar design and appearance. Vinyl, vinyl-cladding, and metal materials are not permitted. Mitigation Measure 5.a.3: The proposed project shall include GP PS, BS, CE 5.a.3 Covenants, Conditions and Restrictions (CC&R's) or equivalent mechanism that incorporate the planned development conditions of approval to ensure that the site retains the historic qualities (historic buildings, architecture, colors, materials, fencing, and landscaping) over time. Mitigation Measure 5.b.1: Should any cultural resources be GP PS, BS, CE 5.b.1 unearthed during site development work, the provisions of CEQA -Section 15064.5, will be followed to reduce impacts to a non-significant level. Mitigation Measure 6.b.1: The grading permit application plans GP, BP PS, BS, CE 6.b.1 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 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 GP, BP PS, BS, CE 6.c.d.1 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 residents and buildings. Mitigation Measure 6.d.1: All recommendations contained GP, BP PS, BS, CE 6.d.1 within the project geotechnical investigation by GSI dated 2/27/03 shall be incorporated into the building plans and adhered to during construction through project completion. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services 5516 Tunitas Avenue SIP: Subdivision FD: Fire Department Vesting Tentative Parcel Ma g p Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TPM 2003-0040 TO: Temporary Occupancy FI: Final inspection WW: Wastewater CA: City Attorney FO: Final Occupancy AMWC: Water Comp. Mitigation Measure 8e.f.1: A Storm Water Pollution Prevention BP PS, BS ,CE 8.e.f.1 Plan (SWPPP)/Erosion Control Plan shall be submitted and approved by the City Engineer prior to the issuance of the building permit. The plan shall include storm water measures for the operation and maintenance of the project for the review and approval of the City Engineer. The Building Permit application plans shall identify Best Management Practices (BMPs) appropriate to the uses conducted on site that effectively prohibit the entry of pollutants into storm water runoff. Mitigation Measure 8.e.f.2: The developer is responsible for BP PS, BS, CE 8.e.f.2 ensuring that all contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop orders. Mitigation Measure 11.d.1: All construction activities shall GP, BP PS, BS, CE 11.d.1 comply with the City of Atascadero Noise Ordinance for hours of operation. Construction activities shall be limited to the following hours of operation: • 7 a.m. to 7 p.m. Monday through Friday • 9 a.m. to 6 p.m. Saturday • No construction on Sunday Further, particularly loud noises shall not occur before 8 a.m. on weekdays and not at all on weekends. The Community Development Director upon a determination that unusually loud construction activities are having a significant impact on the neighbors may modify the hours of construction. Failure to comply with the above-described hours of operation may result in withholding of inspections and possible construction prohibitions, subject to the review and approval of the Community Development Director. A sign shall be posted on-site with the hours of operation and a telephone number of the person to be contacted in the event of any violations. Staff shall approve the details of such a sign during the Grading Plan/Building Permit review process. Planning Commission Staff R Public Hewing ITEM NUMBER: 6 DATE: 9-16-03 o rt Tentative Tract Map 2003-0029 / Road Abandonment 2003-0012 Encino / Atajo Lot Line Adjustment (Don Messer / Wilson Land Surveys) SUBJECT: The proposed project consists of an application for Road Abandonment and a six lot Tentative Tract Map. The project would result in the abandonment and realignment of a portion of Encino Avenue and the adjustment of six existing Colony lots of record, no new lots would be created. The purpose of the project is to minimize hillside grading, avoid crossing a blue line creek and reduce impacts to native trees. The site consists of steep wooded slopes with Live Oak and White Oak woodlands and a portion of an un -named blue line creek. The project includes the removal of 133 native oak trees. General Plan Designation: SFR Z (Single -Family Residential 1.5 — 2.5 acre minimum lot size) Zoning District: RSF- Z (Residential Single -Family 1.5 — 2.5 acre minimum lot size) RECOMMENDATION: Staff Recommends: 1. Adoption of Planning Commission Resolution 2003-0092 recommending that the City Council certify Proposed Mitigated Negative Declaration 2003-0044. 2. Adoption of Planning Commission Resolution 2003-0093 recommending that the City Council approve Road Abandonment 2003-0012, thereby approving the abandonment of a portion of Encino Road subject to findings and conditions. 3. Adoption of Planning Commission Resolution 2003-0094 recommending that the City Council approve Tentative Tract Map 2003-0029, thereby approving a six lot subdivision tract that would adjust six existing Colony lots of record consistent with Road Abandonment 2003-0012 subject to findings and conditions. ITEM NUMBER: 6 DATE: 9-16-03 SITUATION AND FACTS: 1. Applicant: Don Messer, P.O. Box 1958, Atascadero, CA 93423, (805) 712-5198 or 466-0549 (the applicant has offered to arrange site tours for individual Commissioners, call Don at 712-5198 to arrange) 2. Property Owner: J. Michael Finch, 6445 N. Palm Avenue, Suite 101, Fresno, CA 93704, (559) 439-9300 3. Project Location: 4.5 vacant acres located at the end of Encino Avenue between Atajo Avenue APN 031-091-005, 006, 008, 009, 031-092-016 4. General Plan Designation: SFR -Z (Single -Family Residential 1.5 — 2.5 acre minimum lot size) 5. Zoning District: 6. Site Area: 7. Existing Use: 8. Environmental Document: DISCUSSION: Zoning District: RSF- Z (Residential Single -Family 1.5 — 2.5 acre minimum lot size) 4.5. acres Six undeveloped Colony lots bisected by an un -built portion of Encino Road Proposed Mitigated Negative Declaration 2003- 0044 posted August 27, 2003. Existing Condition: The site consists of 4.5 acres located at between Encino Avenue and Atajo Avenue. The site is part of the original 1913 Atascadero Colony subdivision map and has six undeveloped colony lots of record and an un -built portion of Encino Avenue. Encino Avenue exists today as a steep, narrow, dead end lane with no turn around. The site is steep and densely wooded with predominately Live Oak intermixed with White Oak trees. The under story consists of poison oak and annual grasses. An unnamed blue -line creek runs through the site, parallel to the Chauplin Avenue frontage. ITEM NUMBER: 6 DATE: 9-16-03 Proposed Project: The proposed project consists of an adjustment to the boundaries of the six existing lots and the abandonment of a portion of Encino Road on a steep slope. The project would not create any additional development entitlements that do not currently exist. Because the existing lots do not meet minimum lot size, the reconfigured lots will not meet the 1.5 acre minimum lot size of the district. In the past this type of project would have been processed as a lot line adjustment. However, a change to State law in 2003 limited the use of lot line adjustments to four lots. Since the project involved the adjustment of six lots, a tract map process is required. The construction of the project will require the removal of 133 native trees out of a total of approximately 300 trees. The project has the following benefits: 1. Realignment and narrowing of Encino Avenue to reduces grading and tree removals. 2. Shared driveways reduce grading and tree removals. 3. Reconfiguration of lots 24 & 25 creates a better building site for lot 25 further away from the blue line creek and eliminates the need for a crossing of the creek. 4. All lots will be sewered. -eek Chauplin Avenue Blue Line Creek $ b� v� fig!! I Atajo Road L' N ITEM NUMBER: 6 DATE: 9-16-03 8 End of Encino Road Pavement Realigned Encino Road Emergency Access 3i Z w 61 ! / s 1111j1 1i�r.L�• i V r W a s �1 I I F I 1y.1`W� ♦ i � }�' V L� O a¢oow 11 I i11.i Wp za�ao {IRS1 /✓,% F— z No +l f : p � W rzom in�w�a 4•IF7� 'II lel 11 A 1 111 I' 1 ,; ? Shared DrivewJI! I. e�B! a Rw lj peg Bp�E � pep :pp pei9e ®Yl® 15iBYCy , /V I ®®8080®®®0000000000®®00000000®000 E ��� ggpe p Shared Driveways ~ 99MI U19 a -E 9dl�gg aaha ab tai 9�s 5�i9� 35� It yipn�y Q A Q oil A F IBiell3�l'�Il�ifB������iB:l / �Y a} J ISO—Z............. 0*4 1 1 1 1! r T• La 5 ITEM NUMBER: 6 DATE: 9-16-03 Road Abandonment /Emergency Access In order for the City to abandon the subject right-of-way, a finding of General Plan consistency needs to be made by the Planning Commission. The City Council will take End of Encino Road General Plan Consistency Pursuant to the CA Government Code Section 65402: "If a general plan or part thereof has been adopted... no real property shall be ... vacated or abandoned... until the location, purpose and extent of such ... street vacation or abandonment... has been submitted to and reported upon by the planning agency as to the conformity with said general plan or part thereof. " Staff believes the abandonment itself will not diminish any circulation goal of the city, particularly since the right-of-way exists only as a paper road and the future street has been realigned to the east. Encino Avenue is considered a local street and according to the General Plan, "local streets have the sole function of providing access to adjoining ITEM NUMBER: 6 DATE: 9-16-03 land uses. " The abandonment of this section of Encino Road will not limit access because a new emergency access drive will be constructed in its place. ins 7 N r N � N r n � e N N N N Location of new fire access road (arrow) W m� a n n n < Portion of Encino Road to be abandoned 9 (hatched) f 1 � � o State Abandonment Findings Under the Streets and Highways Code, this application qualifies as Summary Vacation (short form abandonment) as opposed to the General (long form) procedure: ITEM NUMBER: 6 DATE: 9-16-03 Pursuant to the California Streets and Highways Code, "The legislative body of a local agency may summarily vacate a street or highway if both of the following conditions exist ... For a period of five consecutive years, the street or highway has been impassable for vehicular travel and no public money was expended for maintenance on the street or highway during such period. " The proposed abandonment is consistent with the state requirements for Summary Vacation because the portion of right-of-way to be abandoned is a paper road and has never been constructed or maintained for road purposes. Project Access and Maintenance: Although the project proposed to abandon a portion of Encino Road, the Fire Department and City Engineer are requiring that a fire access road connection be provided between the end of Encino Avenue and Atajo Avenue. Staff is recommending that this road connection be paved with no access barriers, to provide a secondary emergency access for the Encino neighborhood. Since the existing road is too narrow for a turn around, this secondary access will also prevent large vehicles and garbage trucks from having to back down Encino. The project is conditioned with access easements to accommodate portions of the access road that are located outside of the Encino road alignment. The project is also conditioned that all driveway and drainage maintenance will be the responsibility of the project. All construction access has been conditioned to take access form Atajo Avenue. Creeks and Drainage The blue line creek that runs parallel to Chaplin Avenue will not be impacted by the project as a result of the reconfiguration and shared access for lot six. A smaller tributary swale runs along the project's northern boundary through lots 1 and 3. The project is designed with a culvert pipe through lot 1 and the swale to remain open on lot 3. The house on lot 3 will be designed to span the swale. The City Engineer has reviewed and approved the drainage design and calculations for the project. Native Tree Impacts As describe previously, the site is heavily wooded with over 300 native oak trees (66 trees/acre). The project has been designed to minimize grading the tree removals to the extent possible. Beginning with the lot line adjustment, the six building sites have been selected in areas with the fewest trees. All road sections have been reduced to fire department minimums and all house plans employ two story designs with stem wall foundations to minimize grading. In addition, no yard areas will be graded as part of the project. Despite these measures, the project will require the removal of 133 native trees with impacts to another 130 trees. A remaining 60 plus trees will not be impacted by the project. The tree mitigation fees are calculated in the following table at $18,233. The applicant is requesting the Commission accept the dedication of easements in lieu of the payment of fees. The plans indicate that five separate easement areas totaling 50,000 square feet (1.16 acres) are being offered for dedication. The Commission should note ITEM NUMBER: 6 DATE: 9-16-03 that many trees within the offered easements will be impacted by development. The tree ordinance allows the Commission discretion to accept easements in lieu of fees or a combination thereof. Condition 7 of the Tract Map requires the payment of mitigation fees. The Commission would need to amend this condition if the easements are accepted. A tree protection plan with arborist report is included with the project conditions. The project mitigation measures require root protection fencing, a pre -construction meeting, arborist monitoring and final arborist certification at project final. The applicant has been advised to have the arborist in attendance at the meeting to answer Commission questions. Native tree cover and slope of site Evergreen Native Trees (inches) dbh notes 1 1316 -inches live oak trees 2 3 4 5 6 Total 1316 -inches Mitigation Requirement req'd tree replacements: 219 five gal trees Proposed Replanting 0 five gal trees 0 box trees (24") ITEM NUMBER: 6 DATE Deciduous Native Trees (inches) dbh notes 1 436 -inches white oak trees 2 3 4 5 6 Total 436 -inches req'd tree replacements: 145 five gal trees Proposed Replanting 0 five gal trees Remaining Mitigation 219 five gal trees Remaining Mitigation 145 five gal trees Tree Fund Payment: $ 10,966.67 Tree Fund Payment: $ 7,266.67 n 4 G n4 Totals 1752 -inches 365 five gal trees 0 five gal trees 0 box trees (24") 365 five gal trees 18,233.33 Tract Map & Lot Size: Due to a recent change in State Law, the project was required to revise the project application from a Lot Line Adjustment to a Tract Map. The project however, continues to be an adjustment of six existing lots of record with the creation of now new lots. Since the existing lots are smaller than the current 1.5 ac minimum lot size in the district they are considered nonconforming lots. City policies allow for the adjustment of non- conforming onconforming lots as long as the gross acreage of the lots is not reduced. The project as conditioned would be consistent with this requirement. The following findings need to be made to approve the map: Tract Map Findings: 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. ITEM NUMBER: 6 DATE: 9-16-03 6. 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. 7. The proposed subdivision design and type of improvements proposed will not be detrimental to the health, safety or welfare of the general public. Environmental Review: The Initial Study concluded that there would be no significant harm to the environment as a result of this Tentative Tract Map, when mitigation neasures are implemented. A proposed Mitigated Negative Declaration has been prepared for the project and a recommendation of certification of the Mitigated Negative Declaration is included in draft Planning Commission Resolution. CONCLUSION: The entitlements to construct six houses exist without approval of the project. The project allows for reconfiguration of the existing lots to minimize grading and tree removals. If the project is not approved even more tree removals will be required and a crossing of a blue line creek will be needed. ALTERNATIVES: 1. The Planning Commission may recommend approval the project with modified conditions. 2. The Planning Commission may recommend denial of the project based on appropriate findings. To deny the application, the Commission must find that it is inconsistent with one of the required findings. The motion to deny must include a fmding for denial. 3. The Planning Commission may continue the application and refer the project back to staff for additional information or analysis. Direction should be given to staff and the applicant. PREPARED BY: Warren M. Frace, Community Development Director ITEM NUMBER: 6 DATE: 9-16-03 ATTACHMENTS: Attachment 1: Zoning and General Plan Designation Map Attachment 2: Draft Resolution PC 2003-0092 Attachment 3: Draft Resolution PC 2003-0093 Attachment 4: Draft Resolution PC 2003-0094 ITEM NUMBER: 6 DATE: 9-16-03 Attachment 1: Zoning and General Plan Designation TTM 2002-0029 / RAB 2003-0012 4.5 Acres between Encino Road and Atajo Road General Plan Designation: SFR -Z (Single -Family Residential 1.5 - 2.5 acre minimum lot size) Zoning District: RSF- Z (Residential Single -Family 1.5 - 2.5 acre minimum lot size) Attachment 2: Draft Resolution 2003-0092 Proposed Mitigated Negative Declaration DRAFT RESOLUTION NO. PC 2003-0092 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO RECOMMENDING THAT THE CITY COUNCIL CERTIFY PROPOSED MITIGATED NEGATIVE DECLARATION 2003-0044 PREPARED FOR ROAD ABANDONMENT 2003-0012 AND TENTATIVE TRACT MAP 2003-0029 (APN 031-091-005, 006, 008, 009, 031-092-016) (MND 2003-0044 / D. Messer) WHEREAS, an application has been received from Don Messer, PO Box 1958, Atascadero, CA 93423 (Applicant) and J. Michael Finch, 6445 N. Palm Avenue, Suite 101, Fresno, CA 93704 (Property Owner), to consider Road Abandonment 2003-0012 and Tentative Tract Map 2003-0029, allowing the six existing Colony lots of record located between Encino Avenue and Atajo Avenue, APN 031-091-005, 006, 008, 009, 031-092-016; and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2003-0044 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 site's General Plan Designation is SFR Z (Single -Family Residential 1.5 — 2.5 acre minimum lot size); and, WHEREAS, the site's Zoning District is RSF- Z (Residential Single -Family 1.5 — 2.5 acre minimum lot size); and, WHEREAS, a timely and properly noticed Public Hearing upon the subject applications was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said projects; and, WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing held on September 16, 2003, studied and considered TTM 2003-0029, after first studying and considering the Draft Mitigated Negative Declaration prepared for the project, and, NOW, THEREFORE, the Planning Commission of the City of Atascadero, hereby resolves to recommend that the City Council certify Proposed Mitigated Negative Declaration 2003-0011 based on the following Findings as shown on Exhibit A: 1. The Proposed Mitigated Negative Declaration has been completed in compliance with CEQA; and, ITEM NUMBER DATE: 9-16-03 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, 3. The project does not have the potential to degrade the environment when mitigation measures are incorporated into the project. 4. The project will not achieve short-term to the disadvantage of long-term environmental goals. 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. ITEM NUMBER: 6 DATE: 9-16-03 On motion by Commissioner land seconded by Commissioner _ the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: (X) NOES: (x ) ABSENT: (x ) ABSTAIN: (X) ADOPTED: CITY OF ATASCADERO, CA Roberta Fonzi Chairperson Attest: Warren M. Frace Planning Commission Secretary EXHIBIT A: Draft Mitigated Negative Declaration 2003-0044 Applicant: Project Title: Project Location: Project Description: ITEM NUMBER DATE: 9-16-03 CITY OF ATASCADERO PROPOSED MITIGATED NEGATIVE DECLARATION #2003-0044 6500 Palma Avenue Atascadero, CA 93422 805/461-5035 Don Messer PO Box 1958, Atascadero, CA 93422, 805/466-0549 Road Abandonment 2003-0012 Tentative Tract Map 2003-0029 4.5 vacant acres located at the end of Encino Road between Atajo Road, Atascadero, CA 93422 (San Luis Obispo County) APN 031-091-005, 006, 008, 009, 031-092-016 The proposed project consists of an application for Road Abandonment and a six lot tract map. The project would result in the abandonment and realignment of a portion of Encino Road and the adjustment of six existing lots of record, no new lots would be created. The purpose of the project is to minimize hillside grading and impacts to native trees. The site is consists of steep wooded slopes with Live Oak and White Oak woodlands and a portion of an un -named blue line creek. The project includes the removal of 133 native oak trees. General Plan Designation: SFR -Z (Single -Family Residential 1.5 — 2.5 acre minimum lot size) Zoning District: RSF- Z (Residential Single -Family 1.5 — 2.5 acre minimum lot size) Findings: 1. The project does not have the potential to degrade the environment. 2. The project will not achieve short-term to the disadvantage of long-term environmental goals. 3. The project does not have impacts which are individually limited, but cumulatively considerable. 4. The project will not cause substantial adverse effects on human beings either directly or indirectly. Determination: Based on the above findings, and the information contained in the initial study 2003-0044 (made a part hereof by reference and on file in the Community Development Department), it has been determined that the above project will not have an adverse impact on the environment when the following proposed mitigation measures are incorporated into the project (see attachment). Prepared By: Warren Frace, Community Development Director Date Posted: August 27, 2003 Public Review Ends: September 16, 2003 Attachments: - Location Map - Tentative Tract Map - Initial Study 2003-0044 Applicant: Project Title: Project Location: Project Description: CITY OF ATASCADERO INITIAL STUDY ENVIRONMENTAL CHECKLIST FORM Don Messer PO Box 1958, Atascadero, CA 93422, 805/466-0549 Road Abandonment 2003-0012 Tentative Tract Map 2003-0029 4.5 vacant acres located at the end of Encino Road between Atajo Road, Atascadero, CA 93422 (San Luis Obispo County) APN 031-091-005, 006, 008, 009, 031-092-016 The proposed project consists of an application for Road Abandonment and a six lot tract map. The project would result in the abandonment and realignment of a portion of Encino Road and the adjustment of six existing lots of record, no new lots would be created. The purpose of the project is to minimize hillside grading and impacts to native trees. The site is consists of steep wooded slopes with Live Oak and White Oak woodlands and a portion of an un -named blue line creek. The project includes the removal of 133 native oak trees. General Plan Designation: SFR -Z (Single -Family Residential 1.5 — 2.5 acre minimum lot size) Zoning District: RSF- Z (Residential Single -Family 1.5 — 2.5 acre minimum lot size) Lead Agency Name City of Atascadero and Address: 6500 Palma Avenue Atascadero, CA 93422 Contact Person and Warren Frace Phone Number: City of Atascadero 6500 Palma Avenue, Room 104 Atascadero, CA 93422 General Plan SFR -Z Designation: Zoning: RSF-Z Surrounding Land North: Residential Single -Family Uses and Setting: South: Residential Single -Family West: Residential Single -Family East: Residential Single -Family Other public None, blueline creek will be avoided agencies whose approval is required (e.g., permits, financing approval, or participation agreement) Attachment 1 Location Map Encino / Atajo Site Atascadero, CA CITY OF ATASCADERO INITIAL STUDY Attachment 2 Tentative Tract Map I CITY OF ATASCADERO INITIAL STUDY LuX w Mz ag ``S�II�IiI lall 11111 I , � Illj• IN I �// \\ V I Z vl frwa6 � \ 4 I p L 1\1\�'i•Y' �p# lSi�� �a p aol 4ygy 1'1 � ��i � \ 1I � ® ®®ggm88yygg py@@9 ppgg ee 6 8 � B i 6 ! d � � 6 a 6 YY4YYY YYYYYY Y �-Y �6! ��/*�•' bM � !fig '� t gg' Ifg �• p r¢ 4•. Jps..s..•...®....r •�balll jj II Z .��,a 5 .�.. .. ....�; III �I�I II 13 S4 o CITY OF ATASCADERO INITIAL STUDY Exhibit A Timing Responsibility Mitigation /Monitoring Measure Mitigation Monitoring Program RAB 2003-0012 GP: Grading Permit BP: Building Permit PS: uiltPlanningServices BS: Building B gServices TTM 2003-0029 TO: TemFD: Occupancyrary Fire PD: Policeepartment Department FI: Final inspection CE: City Engineer F0: Final Occupancy WW: Wastewater Encino Road / Atajo Road CA: City Attorney AMWC: Water Comp. CITY OF ATASCADERO INITIAL STUDY Exhibit A Mitigation Monitoring Program RAB 2003-0012 TTM 2003-0029 Encino Road / Atajo Road Timing GP: Grading Permit BP: Building Permit TO: Temporary Occupancy FI: Final inspection 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 AMWC: Water Comp. Mitigation Measure Mitigation Measure 3.b.1: The project shall be conditioned to comply BP BVIRS 3.b.1 with all applicable District regulations pertaining to the control of fugitive dust (PM -10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. Section 6.3: Construction Equipment • Maintain all construction equipment in proper tune according to manufacturer's specifications. • Fuel all off-road and portable diesel powered equipment, including but not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power units, with ARB certified motor vehicle diesel fuel (Non - taxed version suitable for use off-road). • Maximize to the extent feasible, the use of diesel construction equipment meeting the ARB's 1996 or newer certification standard for off-road heavy-duty diesel engines. • Install diesel oxidation catalysts (DOC), catalyzed diesels particulate filters (CDPF) or other District approved emission reduction retrofit services (Required for projects grading more than 4.0 acres of continuously worked area). Section 6.4: Activity Management Techniques • Develop a comprehensive construction activity management plan designed to minimize the amount of large construction equipment operating during any given time period. • Schedule of construction truck trips during non -peak hours to reduce peak hour emissions. • Limit the length of the construction workday period, if necessary. • Phase construction activities, if appropriate. Section 6.5: Fugitive PM10 All of the following measures shall be included on grading, demolition and building plan notes: A Reduce the amount of the disturbed area where possible. B. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non -potable) water should be used whenever possible. C. All dirt stockpile areas should be sprayed daily as needed. D. Permanent dust control measures identified in the approved project re -vegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities. E. Exposed ground areas that are plann4ed to be reworked at dates greater than one month after initial grading should be sown with a fast -germinating native grass seed and watered until vegetation is established. F. All disturbed soil areas not subject to re -vegetation should be stabilized using approved chemical soil binder, jute netting, or other methods approved in advance by the APCD. G. All roadways, driveways, sidewalks, etc, to be paved should be complete as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. CITY OF ATASCADERO INITIAL STUDY Exhibit A Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure RAB 2003-0012 GP: Grading Permit BP: Building Permit PS: Planning Services BS: Building Services TTM 2003-0029 TO: Temporary Occupancy FD: Fire Department PD: Police Department FI: Final inspection CE: City Engineer FO: Final Occupancy WW: Wastewater Encino Road / Atajo Road CA: City Attorney AMWC: Water Comp. Mitigation Measure 4.e.1: All tree removals shall be mitigated consistent BP PS 4.e.1 with the requirements of the Atascadero Native Tree Preservation Ordinance. Mitigation Measure 4.e.2: Grading and excavation and grading work BP PS 4.e.2 shall be consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: a) All existing trees outside of the limits of work shall remain. b) Earthwork shall not exceed the limits of the project area. c) Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. d) Vehicles and stockpiled material shall be stored outside the dripline of all trees. e) All trees within the area of work shall be fenced for protection with 4 -foot chain link, snow, or safety fencing placed per the approved tree protection plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing shall remain in place until completion of all construction activities. f) Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. Mitigation Measure 4.e.3: An arborists report shall be required prior to BP PS 4.e.3 project implementation. The report shall identify each native tree proposed for removal and each tree within the project area subject to potential impact. The report shall provide recommendations for tree pruning, tree protection of existing native trees to remain, and identify native tree impact/replacement mitigation per the Atascadero Municipal Code Section 9-11.105. Mitigation Measure 4.e.4: The developer shall contract with a certified FO BS/PS 4.e.4 arborist during all phases of project implementation. The certified arborists shall be responsible for monitoring the project during all phases of construction through project completion, as follows: (a) A written agreement between the arborist and the developer outlining a arborist monitoring schedule for each construction phase through final inspection shall be submitted to and approved by planning staff prior to the issuance of building/grading permits. (b) Arborist shall schedule a pre -construction meeting with engineering /planning staff, grading equipment operators, project superintendent to review the project conditions and requirements prior to any grubbing or earth work for any portion of the project site. All tree protection fencing shall be installed for inspection during the meeting. (c) As specified by the arborist report and City staff: ■ Prune all trees to be saved for structural strength and crown cleaning by a licensed and certified arborist; ■ Remove all debris and spoils from the lot cleaning and tree pruning. ■ All trenching or grading within the protected root zone area, outside of the tree protection fence shall require hand trenching or preserve and protect roots that are larger than 2 inches in CITY OF ATASCADERO INITIAL STUDY Exhibit A Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure RAB 2003-0012 GP: Grading Permit BP: Building Permit PS: Planning Services BS: Building Services TTM 2003-0029 TO: Temporary Occupancy FD: Fire Department PD: Police Department FI: Final inspection CE: City Engineer FO: Final Occupancy WW: Wastewater Encino Road / Atajo Road CA: City Attorney AMWC: Water Comp. diameter. ■ No grading or trenching is allowed within the fenced protected area. ■ Any roots that are 4 inches in diameter or larger are not to be cut until inspected and approved by the on-site arborist. ■ Apply any additional recommendations of the project arborist. (d) Upon project completion and prior to final occupancy a final status report shall be prepared by the project arborist certifying that the tree protection plan was implemented, the trees designated for protection were protected during construction, and the construction -related tree protection measures are no longer required for tree protection. Mitigation Measure 6.b.1: All disturbed areas, not shown on the project BP BS/PS 6.b.1 landscape plan for landscaping shall be hydroseeded with a native seed mix. Erosion control measures shall include an erosion control blanket for all 2:1 fill slopes. Affected areas that previously contained native shrubs and vegetation shall be replanted with similar plant species per the approved landscape plan. Duration of the project: The contractor will be responsible for the clean-up of any mud or debris that is tracked out on to Chauplin Aveune and/or the private access drive by construction vehicles. Mitigation Measure 6.b.2: The grading permit application plans shall BP BS/PS 6.b.2 include erosion control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. Mitigation Measure 6.c.d.1 : A soils report shall be required to be BP BS 6.c.d.1 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 residents and buildings. The property contains no unusual geological formations. Mitigation Measure 6.e.1: Percolation tests are required in the City of BP BS 6.e.1 Atascadero before building permits for residences can be issued. Mitigation Measure 8e.f.1: A Storm Water Pollution Prevention Plan GP BS/PS/CE 8.0.1 (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 ensuring GP BS/PS/CE 8.e.f.2 that all contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop orders. Mitigation Measure 11.d.1: All construction activities shall comply with BP BS/PS 11.d.1 the City of Atascadero Noise Ordinance for hours of operation. I �psrnu�l — CITY OF ATASCADERO INITIAL STUDY ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. ❑ Aesthetics ❑ Biological Resources F-1Hazards & Hazardous Materials ❑ Mineral Resources ❑ Public Services ❑ Utilities / Service Systems ❑ Agriculture Resources ❑ Cultural Resources F-1Hydrology / Water Quality ❑ Noise ❑ Recreation ❑ Air Quality ❑ Geology /Soils 1:1 Land Use / Planning ❑ Population / Housing ❑ Transportation/Traffic ❑ Mandatory Findings of Significance On the basis of this initial evaluation: ❑ I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. ® I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ❑ I find that the proposed project MAY have a "potentially significant effect" or "potentially significant unless mitigated" impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. ❑ I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. CITY OF ATASCADERO INITIAL STUDY Warren Frace, Community Development Director EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a Lead Agency cites following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved (e.g. the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g. the project will not expose sensitive receptors to pollutants, based on a project -specific screening analysis). 2) All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project -level, indirect as well as direct, and construction as well as operational impacts. 3) "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less than Significant Impact." The Lead Agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from Section XVII, "Earlier Analyses," may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). Earlier analyses are discussed in Section XVII at the end of the checklist. 6) Lead Agencies are encouraged to incorporate into the checklist references information sources for potential impacts (e.g. general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. A source list should be attached. Other sources used or individuals contacted should be cited in the discussion. Initial Study 2003-00 Potentially Less Than Less Than No Significant Significant with Significant Impact RAB 2003-0012 Impact Mitigation Impact TTM 2003-0029 Incorporation Encino Road / Atajo Road 1. AESTHETICS -- Would the project a) Have a substantial adverse effect on a scenic vista? ❑ ❑ ❑ b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare that would adversely affect day or nighttime views in the area? SOURCES: Project Description; Grading and Drainage Plan, Wilson Land Survey 5/7/03 DISCUSSION: 1.a. The proposed project does not obscure a scenic vista. 1.b. The proposed project will not significantly impact a scenic vista. The project site is not near a state scenic highway and does not contain a Historic Structure. The project site will not disturb any rock outcroppings. 1.c. The proposed residence is an infill development and will remain within the character of the surrounding area. 1.d. Six new single-family residences at this location are not expected to generate substantial light or glare. All lighting will be residential in nature. Project conditions will require any lighting at the site to be designed to eliminate off site glare. 2. AGRICULTURAL RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Involve other changes in the existing environment, which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use? SOURCES: Land Use Element EIR. DISCUSSION 2.a. The property is not shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency as prime farmland. 2.b. The property is not under a Williamson Act contract. 2.c. The project will not result in the conversion of farmland to non-agricultural uses. 3. AIR QUALITY -- The significance criteria established by Planning Commission Resolution 2003-0092 September 16, 2003 Page 2 of 14 Initial Study 2003-0044 RAB 2003-0012 TTM 2003-0029 Encino Road / Atajo Road the Air Quality Control District in its CEQA Guidelines may be relied upon to make the following determinations. Would the project: Potentially Less Than Less Than Significant Significant with Significant Impact Mitigation Impact Incorporation No Impact a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? SOURCES: Air Pollution Control District (APCD) CEQA Air Quality Handbook; project description. DISCUSSION: 3.a.c. The Air Quality Handbook finds that a project that produces 10 pounds a day of emissions will have a significant effect on air quality. The construction of 35 homes would result in the production of 10 pounds of emissions per day. Therefore, the project's 6 new home will produce less than ten pounds a day and air quality impacts are considered to be less than significant. 3.b. Construction activities, including site grading may produce small quantities of air pollution, including dust and equipment exhaust. Any air quality impacts will be temporary and short term. 3.d. The construction of single -family -residences and the associated public improvements will not concentrate pollutants. 3.e. The construction of single -family -residences and the associated public improvements will not create objectionable odors. Mitigation Measure 3.b.1: The project shall be conditioned to comply with all applicable District regulations pertaining to the control of fugitive dust (PM -10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. Section 6.3: Construction Equipment • Maintain all construction equipment in proper tune according to manufacturer's specifications. • Fuel all off-road and portable diesel powered equipment, including but not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power units, with ARB certified motor vehicle diesel fuel (Non -taxed version suitable for use off-road). • Maximize to the extent feasible, the use of diesel construction equipment meeting the ARB's 1996 or newer certification standard for off-road heavy-duty diesel engines. • Install diesel oxidation catalysts (DOC), catalyzed diesels particulate filters (CDPF) or other District approved emission reduction retrofit services (Required for projects grading more than 4.0 acres of continuously worked area). Section 6.4: Activity Management Techniques • Develop a comprehensive construction activity management plan designed to minimize the amount of large construction equipment operating during any given time period. • Schedule of construction truck trips during non -peak hours to reduce peak hour emissions. • Limit the length of the construction workday period, if necessary. Planning Commission Resolution 2003-0092 September 16, 2003 Page 3 of 14 Initial Study 2003-0044 RAB 2003-0012 TTM 2003-0029 Encino Road / Atajo Road • Phase construction activities, if appropriate. Potentially Less Than Less Than Significant Significant with Significant Impact Mitigation Impact Incorporation Section 6.5: Fugitive PM10 All of the following measures shall be included on grading, demolition and building plan notes: No Impact M. Reduce the amount of the disturbed area where possible. N. 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. O. All dirt stockpile areas should be sprayed daily as needed. P. 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. Q. 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. R. 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. S. 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. T. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. U. 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. V. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or was off trucks and equipment leaving the site. W. 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. X. 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. 4. BIOLOGICAL RESOURCES -- Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native ❑ resident or migratory fish or wildlife species or with Planning Commission Resolution 2003-0092 September 16, 2003 Page 4 of 14 Initial Study 2003-0044 Potentially Less Than Less Than No Significant Significant with Significant Impact RAB 2003-0012 Impact Mitigation Impact TTM 2003-0029 Incorporation Encino Road / Atajo Road established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting ❑ ® ❑ ❑ biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? SOURCES: Project description; Grading and Drainage Plan, Wilson Land Surveys 5/7/03; Land Use Element EIR; Atascadero Tree Ordinance; Tree Protection Plan, Arbor Tree Surgery, Inc., DISCUSSION: 4.a. A blueline creek that crosses the site will be avoided by the reconfiguration of the lot lines. No significant impacts or modification of the creek are expected. 4.b. The project will not involve construction in a riparian habitat. 4.c. There are no wetlands on the project site. 4.d. The Land Use Element EIR concludes that development within the city limits will not have a significant impact on wildlife or wildlife corridors. 4e.f. The proposed project will not conflict with local policies or ordinances protecting biological resources nor will it conflict with any conservation plans. However, 130+/- native trees will be removed and another 140+/1 trees will be impacted by development and require the following mitigation measure to reduce any potential impacts to a level of insignificance: Mitigation Measure 4.e.1: All tree removals shall be mitigated consistent with the requirements of the Atascadero Native Tree Preservation Ordinance. Mitigation Measure 4.e.2: Grading and excavation and grading work shall be consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: 1. All existing trees outside of the limits of work shall remain. 2. Earthwork shall not exceed the limits of the project area. 3. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 4. Vehicles and stockpiled material shall be stored outside the dripline of all trees. 5. All trees within the area of work shall be fenced for protection with 4 -foot chain link, snow, or safety fencing placed per the approved tree protection plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing shall remain in place until completion of all construction activities. 6. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. Mitigation Measure 4.e.3: An arborists report shall be required prior to project implementation. The report shall identify each native tree proposed for removal and each tree within the project area subject to potential impact. The report shall provide recommendations for tree pruning, tree protection of existing native trees to remain, and identify native tree impact/replacement mitigation per the Atascadero Municipal Code Section 9-11.105. Mitioation Measure 4.e.4: The developer shall contract with a certified arborist during all phases of project implementation. The certified arborists shall be responsible for monitoring the project during all phases of construction through project completion, as follows: (a) A written agreement between the arborist and the developer outlining a arborist monitoring schedule for each construction phase through final inspection shall be submitted to and approved by planning staff prior to the issuance of building/grading permits. Planning Commission Resolution 2003-0092 September 16, 2003 Page 5 of 14 Initial Study 2003-0044 RAB 2003-0012 TTM 2003-0029 Potentially Less Than Less Than No Significant Significant with Significant Impact Impact Mitigation Impact Incorporation Encino Road / Atajo Road (b) Arborist shall schedule a pre -construction meeting with engineering /planning staff, grading equipment operators, project superintendent to review the project conditions and requirements prior to any grubbing or earth work for any portion of the project site. All tree protection fencing shall be installed for inspection during the meeting. (c) As specified by the arborist report and City staff: ■ Prune all trees to be saved for structural strength and crown cleaning by a licensed and certified arborist; ■ Remove all debris and spoils from the lot cleaning and tree pruning. ■ All trenching or grading within the protected root zone area, outside of the tree protection fence shall require hand trenching or preserve and protect roots that are larger than 2 inches in diameter. ■ No grading or trenching is allowed within the fenced protected area. ■ Any roots that are 4 inches in diameter or larger are not to be cut until inspected and approved by the on-site arborist. ■ Apply any additional recommendations of the project arborist. (d) Upon project completion and prior to final occupancy a final status report shall be prepared by the project arborist certifying that the tree protection plan was implemented, the trees designated for protection were protected during construction, and the construction -related tree protection measures are no longer required for tree protection. 5. CULTURAL RESOURCES -- Would the project: a) Cause a substantial adverse change in the significance of ❑ '15064.5? ❑ ❑ a historical resource as defined in b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to'15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred ❑ outside of formal cemeteries? SOURCES: Project description; Land Use Element EIR. DISCUSSION: 5.a.b.c.d. No known historical, archeological or cultural sites have been found or documented in the vicinity of the project. 6. GEOLOGY AND SOILS -- Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of I oss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? ❑ ❑ ❑ Planning Commission Resolution 2003-0092 September 16, 2003 Page 6 of 14 Initial Study 2003-0044 Potentially Less Than Less Than No Significant Significant with Significant Impact RAB 2003-0012 Impact Mitigation Impact TTM 2003-0029 Incorporation Encino Road / Atajo Road iii) Seismic -related ground failure, including liquefaction? ❑ ❑ ❑ iv) Landslides? ❑ ❑ ❑ b) Result in substantial soil erosion or the loss of topsoil? ® ❑ ❑ c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? SOURCES: Project description; Land Use Element EIR Grading and Drainage Plan, Buena Geotechnical Services, 5/7/03. DISCUSSION: 6.a. The project is not located on any known earthquake faults. 6.b. Construction activities on the site will be required to comply with sedimentation and erosion control measures prescribed by the city engineer. 6.c.d.e. Soil conditions will be reviewed during building permit review in accordance with the following mitigation measures: Mitigation Measure 6.b.1: All disturbed areas, not shown on the project landscape plan for landscaping shall be hydroseeded with a native seed mix. Erosion control measures shall include an erosion control blanket for all 2:1 fill slopes. Affected areas that previously contained native shrubs and vegetation shall be replanted with similar plant species per the approved landscape plan. Duration of the project: The contractor will be responsible for the clean-up of any mud or debris that is tracked out on to Chauplin Avenue and/or the private access drive by construction vehicles. Mitigation Measure 6.b.2: The grading 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.c.d.1 : A soils report shall be required to be submitted with a future building permit by the building department. The building plans will be required to follow the recommendations of the soils report to assure safety for residents and buildings. The property contains no unusual geological formations. Mitigation Measure 6.e.1: Percolation tests are required in the City of Atascadero before building permits for residences can be issued. 7. HAZARDS AND HAZARDOUS MATERIALS -- Would the project: a) Create a significant hazard to the public or the Planning Commission Resolution 2003-0092 September 16, 2003 Page 7 of 14 Initial Study 2003-0044 Potentially Less Than Less Than No Significant Significant with Significant Impact RAB 2003-0012 Impact Mitigation Impact TTM 2003-0029 Incorporation Encino Road / Atajo Road environment through the routine transport, use, or disposal of hazardous materials ? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one- quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan area or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people living or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people living or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? SOURCES: Project description; General Plan Land Use Element DISCUSSION 7a.b.c. Homes do not generate or involve use of significant amounts of hazardous materials. There are no known hazardous materials on the site or nearby. 7.d. The property is not a listed hazardous material site. 7e.f. The property is not near an airport. 7g.h. The site is within the Fire Department's five-minute or less response area and a fire department turn around will be provided within 150 feet of the residence. During building permit review, the fire department will verify appropriate fire hydrant locations. 8. HYDROLOGY AND WATER QUALITY -- Would the project: a) Violate any water quality standards or waste discharge requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the Planning Commission Resolution 2003-0092 September 16, 2003 Page 8 of 14 Initial Study 2003-0044 Potentially Less Than Less Than No RAB 2003-0012 Significant Impact Significant with Mitigation Significant Impact Impact TTM 2003-0029 Incorporation Encino Road / Atajo Road local groundwater table level (e.g., the production rate of previously -existing nearby wells would drop to a level that would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner, which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner that would result in flooding on - or off-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? ® ❑ ❑ g) Place housing within a 100 -year flood hazard area as L1 mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100 -year flood hazard area structures that ❑ ❑ El would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? ❑ ❑ SOURCES: Project description; Flood Insurance Rate Map 060700 0006 B (1/20/82). DISCUSSION: 8a. The construction will not violate water quality standards. 8b. The project will not deplete ground water supplies. Water will be provided by Atascadero Mutual Water Company. 8c.d.e.f. The project will not alter any drainage course. Construction activities are subject to review for compliance with City drainage and grading regulations. Drainage will not be permitted to create or intensify any hazards for persons or property in the vicinity. 8.g.h.i. Future housing will be outside of the 100 -year flood hazard area. 8.i.j. The project area is not subject to inundation by a tsunami. Mitigation Measure 8e.f.1: A Storm Water Pollution Prevention 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 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 Planning Commission Resolution 2003-0092 September 16, 2003 Page 9 of 14 Initial Study 2003-0044 Potentially Less Than Less Than No RAB 2003-0012 Significant Significant with Significant Impact noise ordinance, or applicable standards of other agencies? Impact Mitigation Impact TTM 2003-0029 ❑ Incorporation Encino Road / Atajo Road Management Practices will result in the issuance of correction notices, citations, or stop orders. ❑ 9. LAND USE AND PLANNING - Would the project: ❑ in the project vicinity above levels existing without the a) Physically divide an established community? ❑ ❑ ❑ b) Conflict with any applicable land use plan, policy, or ❑ ❑ ❑ regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or 11 ❑ Elnatural community conservation plan? SOURCES: Land Use Element; Circulation Element; project description; Land Use Element EIR. DISCUSSION: 9.a. The project will not physically divide an established community. Five single-family residences are consistent and compatible with the surrounding neighborhood. 9.b. The General Plan identifies single-family residential uses as an appropriate use in the Rural Estate land use designation. 9.c. The project is consistent with the open space and conservation policies identified in the General Plan. 10. MINERAL RESOURCES -- Would the project: a) Result in the loss of availability of a known mineral ❑ ❑ ❑ resource that would be of value to the region and the residents of the state? b) Result in the loss of availability of a locally important ❑ ❑ ❑ mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? SOURCES: Project description DISCUSSION: 10.a.b. No mining is proposed as a part of this project. No known mineral resources have been identified in the area 11. NOISE-- Would the project result in: a) Exposure of persons to or generation of noise levels in ❑ ❑ ❑ excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive ❑ ❑ ❑ ground -borne vibration or ground -borne noise levels? c) A substantial permanent increase in ambient noise levels ❑ ❑ ® ❑ in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient Planning Commission Resolution 2003-0092 September 16, 2003 Page 10 of 14 Initial Study 2003-0044 Potentially Less Than Less Than No Significant Significant with Significant Impact RAB 2003-0012 Impact Mitigation Impact TTM 2003-0029 Incorporation Encino Road / Atajo Road noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people living or working in the project area to excessive noise levels? SOURCES: Project description; Noise Element; Noise Ordinance; Acoustical Design Manual. DISCUSSION: 11a.b.c.d.Construction is expected to involve some heavy machinery and use of impact tools that make noise. Noise levels on the site are thus expected to rise temporarily. The future home is not expected to generate unacceptable levels of noise. 11.e.f. The project is not located within an airport land use plan or private airstrip. Mitigation Measure 11.d.1: All construction activities shall comply with the City of Atascadero Noise Ordinance for hours of operation. Construction activities shall be limited to the following hours of operation: 7 a.m. to 7 p.m. Monday through Friday 9 a.m. to 6 p.m. Saturday No construction on Sunday Further, particularly loud noises shall not occur before 8 a.m. on weekdays and not at all on weekends. The Community Development Director upon a determination that unusually loud construction activities are having a significant impact on the neighbors may modify the hours of construction. Failure to comply with the above-described hours of operation may result in withholding of inspections and possible construction prohibitions, subject to the review and approval of the Community Development Director. A sign shall be posted on-site with the hours of operation and a telephone number of the person to be contacted in the event of any violations. Staff shall approve the details of such a sign during the Grading Plan/Buildin g Permit review process. 12. POPULATION AND HOUSING -- Would the project: a) Induce substantial population growth in an area, either ❑ ❑ ❑ directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? b) Displace substantial numbers of existing housing, ❑ El necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the ❑ ❑ El construction of replacement housing elsewhere? SOURCES: Project description; General Plan Land Use Element Planning Commission Resolution 2003-0092 September 16, 2003 Page 11 of 14 Initial Study 2003-0044 RAB 2003-0012 TTM 2003-0029 Encino Road / Atajo Road 12.a. No net increase in lots are proposed. 12.b.c. No housing or persons will be displaced. 13. PUBLIC SERVICES a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Potentially Less Than Less Than No Significant Significant with Significant Impact Impact Mitigation Impact Incorporation Fire protection? ❑ ❑ El Police protection? ❑ ❑ El Schools? ❑ ❑ El Parks? ❑ ❑ El Other public facilities? ❑ ❑ 11 SOURCES: Project description; Land Use Element EIR. DISCUSSION: Development Impact Fees: Development Impact Fees will be required of any new project for which a building permit is issued. The concept of the impact fee program is to fund and sustain improvements, which are needed as a result of new development as, stated in the General Plan and other policy documents within the fee program. Development Impact Fees fall into the following categories: Drainage Fees (including the Amapoa Tecorida Drainage Area Fee); Streets, Road, Bridge Fees; Sewer Fees; Public Safety Fees; and Park Fees, Miscellaneous Fees. In addition, school fees are collected by the Atascadero Unified School District. The amount of im pact fees to be paid will be determined at the time of issuance of building permit. Fire and Police: Impact fees are charged for new development, to help pay the cost of providing new facilities to serve the expanding city. The Fire Department of the City of Atascadero has indicated that it will be able to adequately service the proposed project. The applicant shall comply with all requirements of the Fire Department. The City of Atascadero Police Department has also indicated that the proposed project poses no problems to the police to adequately service it. Schools: At buildout, the city's population will overburden the existing school system unless additional classroom space is added. The Atascadero Unified School District charges impact fees to fund additional schools as needed. State law restricts mitigation of school impacts to the levying of these fees and other measures adopted by the school district. Provision of adequate facilities for the population is the responsibility of the school district. Fees will be required through construction permits for the residence. Parks: New residences will increase demand on parks and recreation facilities. The city's Parks & Recreation Commission is committed to finding ways to continue to provide parks and other recreational opportunities to city residents as the city expands, thereby addressing cumulative impacts. Planning Commission Resolution 2003-0092 September 16, 2003 Page 12 of 14 Initial Study 2003-0044 RAB 2003-0012 TTM 2003-0029 Potentially Less Than Less Than No Significant Significant with Significant Impact Impact Mitigation Impact Incorporation Encino Road / Atajo Road Other public facilities: The construction of the project is not expected to have significant impacts on any other public facilities. 14. RECREATION -- a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require ❑ ❑ the construction or expansion of recreational facilities that might have an adverse physical effect on the environment? SOURCES: Project description; Parks and Recreation Element. DISCUSSION: 14.a. Residents are expected to use existing parks and recreational facilities, but the numbers are not expected to result in substantial physical deterioration of any facilities. 14.b. The project does not involve construction of recreational facilities. 15. TRANSPORTATION/TRAFFIC -- Would the project: a) Cause an increase in traffic that is substantial in relation ❑ ❑ to the existing traffic load and capacity of the street system ❑ ❑ (i.e., result in a substantial increase in either the number of vehicle trips, the volume to capacity ratio on roads, or congestion at intersections)? b) Exceed, either individually or cumulatively, a level of service standard established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? ❑ ❑ ❑ f) Result in inadequate parking capacity? ❑ ❑ ❑ g) Conflict with adopted policies, plans, or programs supporting alternative transportation (e.g., bus turnouts, bicycle racks)? SOURCES: Land Use Element; Circulation Element; Project Description. DISCUSSION: 15a.b. The project is include a connection between Atajo Road and Encino Road as anticipated by the General Plan. This connection will be in the form of a narrow access drive intended primarily for emergency access. Significant Planning Commission Resolution 2003-0092 September 16, 2003 Page 13 of 14 Initial Study 2003-0044 RAB 2003-0012 TTM 2003-0029 Encino Road / Atajo Road Potentially Less Than Less Than No Significant Significant with Significant Impact Impact Mitigation Impact Incorporation changes to the traffic patterns on Encino Road are not anticipated as part of the project. 15.c. No changes will occur to the air traffic patterns. 15.d. The project's private access has adequate site distance onto Atajo Road 15.e. The project will have adequate emergency access from both Atajo Road and Encino Road 15.f. Adequate parking will be provided on-site for the future residence. 16. UTILITIES AND SERVICE SYSTEMS --Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider that serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g) Comply with federal, state, and local statutes and ❑ regulations related to solid waste? SOURCES: Project description; Land Use Element EIR. DISCUSSION: Water: The Atascadero Mutual Water Company (AMWC) will provide water. All property within the city limits is entitled to water from the AMWC. The project is not expected to require significant quantities of water for the proposed uses. Water is pumped from two portions of the largest underground basin in the county, the Paso Robles Formation, using a series of shallow and deep wells. The water company anticipates that it will be able to meet the city's needs through buildout and beyond: Water demand at buildout under the LUE is estimated at about 8,500 acre-feet per year (AFY). The total available groundwater supply greatly exceeds demand, according to the findings of the Long -Term Viability of Water study. However, the water company does not currently have the deep wells needed to tap into the total amount needed at buildout. The water company is currently developing plans for installing wells where they will be most effective and will not conflict with water rights of others. According to the Water Company, development of additional wells is expected to keep pace with construction in the city, so that water supply will not be interrupted. Sewer. The residence will be served by City sewer Planning Commission Resolution 2003-0092 September 16, 2003 Page 14 of 14 Initial Study 2003-0044 Potentially Less Than Less Than No RAB 2003-0012 Significant Significant with Significant Impact Impact Mitigation Impact TTM 2003-0029 Incorporation Encino Road / Atajo Road 17. MANDATORY FINDINGS OF SIGNIFICANCE -- a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects that will cause substantial adverse effects on human beings, either directly or indirectly? DISCUSSION: The project site is an undeveloped residential infill site, which is currently being proposed as a single-family residence, consistent with the General Plan and Zoning Ordinance. The proposed project has been analyzed as required by CEQA. Project -related impacts have been identified and mitigation measures have been included within the proposal to reduce the effect of the proposed project as described herein. SOURCES: General Plan Land Use Element, City of Atascadero, 2002 Zoning Ordinance, part of Municipal Code, City of Atascadero, as amended through 1999. Land Use Element Environmental Impact Report (EIR), Crawford, Multari, & Clark, adopted 2002 CEQA Handbook, Air Quality Control District, August 1995 General Plan Safety Element, City of Atascadero, 2002 General Plan Circulation Element, 2002 General Plan Noise Element, adopted 2002 Acoustical Design Manual, Brown•Buntin Associates, 1991 Noise Ordinance, City of Atascadero, 1992 Guide for Developers, Atascadero Fire Department, 1998 draft Flood Insurance Rate Map, community -panel number 060700 0006 B, Federal Emergency Management Agency, January 20, 1982 Trip Generation, Institute of Traffic Engineers PROJECT SOURCES: Project Description Grading and Drainage Plan, Wilson Land Surveys, 5/7/03. Tree Protection Plan, Arbor Tree Surgery, Inc.; Attachment 3: Draft Resolution 2003-0093 Road Abandonment DRAFT RESOLUTION NO. PC 2003-0093 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO RECOMMENDING SUMMARILY VACATION OF A PORTION OF ENCINO AVENUE PURSUANT TO SECTION 8331 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE (RAB 2003-0012 / D. Messer) WHEREAS, an application has been received from Don Messer, PO Box 1958, Atascadero, CA 93423 (Applicant) and J. Michael Finch, 6445 N. Palm Avenue, Suite 101, Fresno, CA 93704 (Property Owner), to consider Road Abandonment 2003-0012 and Tentative Tract Map 2003-0029, allowing the six existing Colony lots of record located between Encino Avenue and Atajo Avenue, APN 031-091-005, 006, 008, 009, 031-092-016; and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2003-0044 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 site's General Plan Designation is SFR Z (Single -Family Residential 1.5 — 2.5 acre minimum lot size); and, WHEREAS, the Circulation Element of the General Plan designates Encino Avenue as a local street; and, WHEREAS, the site's Zoning District is RSF- Z (Residential Single -Family 1.5 — 2.5 acre minimum lot size); and, WHEREAS, the portion of the Encino Avenue right -of way, as shown on the attached Exhibit A, has been never been improved and has been impassable for vehicular travel for a period of five consecutive years and no public money has been expended for maintenance on the street during such period; and WHEREAS, a timely and properly noticed Public Hearing upon the subject applications was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said projects; and, WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing held on September 16, 2003, studied and considered RAB 2003-0012, after first studying and considering the Draft Mitigated Negative Declaration prepared for the project, and, Planning Commission Resolution 2003-0093 September 16, 2003 Page 2 of 4 NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Findings of Approval. The Planning Commission recommends that the City Council find as follows: 1. The proposed road abandonment is consistent with the General Plan policy of minimizing grading and protecting native oak trees.. 2. The portion of Encino Avenue proposed to be abandoned has been impassable for vehicular travel for a period of five consecutive years and no public money has been expended for maintenance on the street during such period. 3. The project will provide an emergency access connection between Encino Avenue and Atajo Avenue that will mitigate any impacts to public safety created by the abandonment. SECTION 2. RECOMMENDATION OF APPROVAL. The Planning Commission of the City of Atascadero, in a regular session assembled on September 16, 2003 resolved to recommend the City Council approve of Road Abandonment 2003-0012 subject to the following 1. Exhibit A: Road Abandonment Diagram Planning Commission Resolution 2003-0093 September 16, 2003 Page 3 of 4 On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ADOPTED: CITY OF ATASCADERO, CA Roberta Fonzi Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary Planning Commission Resolution 2003-0093 September 16, 2003 Page 4 of 4 Exhibit A: Road Abandonment Diagram RAB 2003-0012 Attachment 4: Draft Resolution 2003-0094 Tentative Tract Map DRAFT RESOLUTION NO. PC 2003-0094 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO RECOMMENDING THE CITY COUNCIL APPROVE TENTATIVE TRACT MAP 2003-0029 A REQUEST TO ADJUST SIX EXISTING COLONY LOTS OF RECORD (APN 031-091-005, 006, 008, 009, 031-092-016) (TTM 2003-0029 / Messer) WHEREAS, an application has been received from Don Messer, PO Box 1958, Atascadero, CA 93423 (Applicant) and J. Michael Finch, 6445 N. Palm Avenue, Suite 101, Fresno, CA 93704 (Property Owner), to consider Road Abandonment 2003-0012 and Tentative Tract Map 2003-0029, allowing the six existing Colony lots of record located between Encino Avenue and Atajo Avenue, APN 031-091-005, 006, 008, 009, 031-092-016; and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2003-0044 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 site's General Plan Designation is SFR Z (Single -Family Residential 1.5 — 2.5 acre minimum lot size); and, WHEREAS, the site's Zoning District is RSF- Z (Residential Single -Family 1.5 — 2.5 acre minimum lot size); and, WHEREAS, a timely and properly noticed Public Hearing upon the subject applications was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said projects; and, WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing held on September 16, 2003, studied and considered TTM 2003-0029, after first studying and considering the Draft Mitigated Negative Declaration prepared for the project, and, NOW, THEREFORE, the Planning Commission takes the following actions: Section 1. Findings of Approval for Tentative Tract Map, the Planning Commission of the City of Atascadero finds as follows: 1. The proposed subdivision, as conditioned, is consistent with the General Plan and applicable zoning requirements. Draft Planning Commission Resolution 2003-0094 September 16, 2003 Page 2 of 18 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. 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 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. 7. 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 16, 2003 resolved to recommend the City Council approve of Tentative Tract Map 2003-0029 subject to the following: 2. Exhibit A: Tentative Tract Map 2003-0029 3. Exhibit B: Tree Protection Plan Sheets 1-2 4. Exhibit C: Conditions of Approval Draft Planning Commission Resolution 2003-0094 September 16, 2003 Page 3 of 18 On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ADOPTED: CITY OF ATASCADERO, CA Roberta Fonzi Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary Draft Planning Commission Resolution 2003-0094 September 16, 2003 Page 4 of 18 Exhibit A: Tentative Tract Map TTM 2002-0017 I n �W w W , Y i IN777 Q _ht`. , 11 w = 5a a N ao�3¢i w 6 ZX 0., � F— W0., Z Z �0 FYw�< � ggg u I \ \ yq HI !4 M IHIIi i�i1ilR l��e 4 53!55! 3953151 ��Q �s�' " a i Z 5 YYYYYY YYYYY4Y �Ijy � � � ° \\\ W a l 7 1g$ a C■5 Y i IN777 11 w = 5a a N ao�3¢i w 6 ZX 0., � F— W0., Z Z �0 FYw�< � ggg u I \ \ yq HI !4 M IHIIi i�i1ilR l��e 4 53!55! 3953151 ��Q �s�' " a i Z 5 YYYYYY YYYYY4Y �Ijy � � � ° \\\ W a l 7 1g$ a C■5 Draft Planning Commission Resolution 2003-0094 September 16, 2003 Page 5 of 18 Exhibit 131: Tree Protection Plan Sheet 1 TTM 2003-0029 10, oil EX6g 1'a@le cx jiih . k h .. ///�/r i// �2'� i —s: �•Yii/i/''"/'/ /0,`/'•'//////'/ /�/// �/ ✓/ Ari fGn .qi�. -. i _/ £� / ///:/,i// �j///, 5 /0,0,,0,0,/ �!/i/r/!i �.�r s/�✓� � � v- I /,r/ /i///, �/i��/ / r . /ii/iii '✓ �l / ; , ggJJ/ /i //0,j , / /i, r,�" �/�i�//fl X63/ r / ✓;�� fEi /i�/ '' //r/''Fig'✓ Y/�// /0,r/ /y I /y .� � / ✓' / / ,� y0,/ / /4,y/ y + � t �ri�I'/// � / //y Ji [ ///;r✓�rr/ 1 f i'ii� ter/ % I !F G � � -„�!Y / i' ti'✓� /y /J/ / ////� % '� '�� /✓i /r w t '�;�,�� __ 'tii�/„ ✓/iii �'`,JfF€',;�'�"� ' /r�� /� /� �1� ; r S.!_ -�� •jljll/i'/ i/ //// '�_ '� '/ /{ ��1 a� of ° \ I ��Illl ljll/j� it/''' /✓ + / UP / 111 �lll l l l td la If Y 1111 I t1t t t I •��/ � ��®�d��b®bb® � �� �@ II It p f tl t +i t t �I � ; \\ nakYlhahhkr id 1 !! L i 1 t\t \ I I; 11 \� , g*`9g9999999gG999GF99GG99g99G9999gG9999g9599g9999999Gg9g999gg9999gg9994GGg99g999995g5GG .-puhhkhuy}.k.YY$$$ha}p.al4hkhkY}vvk.d.•4blkhk4hY.hhr.lhYa}khpha•.aYk4.am..k..k44..ykY t t \ \I \ / �` ��3iis5Gi515111GlliilGliEe515EEEEEli1Gi1/G181511i ""1""f"fff" \ ` \\ \\ —\ / r / � Y \\ l��1 99�99999g9999999999955559555955g1555�999999 $ 9 99@99999 999999999999995g999999999g99gg99g \` \ �I I \ h4hkyhs4hkh4Y4s.4h.Y4.h..Y4ti�6$}}}h4}w4k4 1 99599 h*hpb44bkhhk}k}}kh!}h.hhkhh}hh4.hY.Lh4. \\ \ \ / I t � 1 1 0,0,0,0,0,0, FF FFFFFFE€E�€FF..: gf F F ! �_.:r.c..ssiaa32i21ifif56//BB1999Gi115®14f4G 0,119 \ � gg g g 999949`99gg9999999999g9999999999999999595599555515g55955R5555g99995999599g99/9 99998 � \ \ \\ IS m}tgi44�YliYYY.kh-phu+.4}}.«.µ-}�YYkY4.4..4.4hhYhlk4h§}4hd}hM.44Y.Yah�}4.6.4w+..�}}a.4}„,1l.Ytf ` If 1 veviiieiil 1/0,110,11811111,161$$61I11166IkIIIIskillIIIIIHi/1£11661111oIsillofINnllfit Draft Planning Commission Resolution 2003-0094 September 16, 2003 Page 6 418 Exhibit B-2: Tree Protection Plan Sheet 2 TTM 2003-0029 t 3 e ue 101 1 1111'111111JUJB�M PHI ao3�O�o??g3�33x*3�3333�533S=3933sR3333�a3S �L�#4G �»`R St:RAR.GFY6€�:6zs�S��`c««z�•3��&«k«c 3.�� _'_`2tWP_5._i_:.i ;'•iia 2�i S7��a"��i��"'C.�ss�$__< r �_ qt i .� it �gk'g .� • 5 Y€=' ON 9y 7•, X {B $((A {gg Pggqq��t4 $ yap Him gggg q J Jill ill 4�8 �i� a� S� HU i S IR i I IN oil lop� ! kk wil �ppipp � gggg q J Jill ill 4�8 �i� a� S� 6 i Ig;li lip! j1pa N" !ME 33q�s35ro ` &ms acam�z t��i8 g���zzde ez���t.a iii ,3r�I,�,a13�IFtll laIV, ,3i&R�a�Ft$IaSt�!}S��t,z��1°l3E�t8�i� H:��1t3313�s.lp��$��i3,���1kllltt}�biltlkt sik*31kb�5h eek a � M'�5 �wh�wnt i tr �i Draft Planning Commission Resolution 2003-0094 September 16, 2003 Page 7 of 18 EXHIBIT C: Conditions of Approval TTM 2002-0017 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation Tentative Tract Map 2003.0029 /Monitoring Measure m Encino / Ata o Lot Line Adjustment � � PM: Parcel Map GP: Grading Permit PS: Planning Services BP: Building Permit T0: Temporary occupancy BS: Building Services FD: Fire Department F0: Final Occupancy PD: Police Department PI: Public Improvements CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company Planning Services 1. The approval of this application shall become final, FM PS subject to the completion of the conditions of approval, fourteen (14) days following the Planning Commission approval unless prior to the time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 2. Approval of this Tentative Tract 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 construction design issue that is not substantive to the Tentative Tract Map. 4. The boundary between lot 4 and lot 5 shall be adjusted FM PS at final map so that lot 4 has a gross area of 0.61 acres and lot 5 has a gross area of 0.99 acres. 5. The lot line between lots 2 and 3 shall be adjusted to FM PS maintain a minimum 25 -foot front yard setback to the main dwelling. 6. The construction location of each house shall be FM PS consistent with the footprints indicated on the tentative map. Generalized building construction envelopes shall be plotted on the final map 7. All tree removals shall be mitigated consistent with the On-going PS Native Tree Ordinance. Project mitigation shall consist of the payment of $18,233 into the native tree fund. The mitigation fees may be paid in phases corresponding the to issuance of individual house building permits. Draft Planning Commission Resolution 2003-0094 September 16, 2003 Page 8 of 18 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation Tentative Tract Map 20030029 /Monitoring Measure Encino / Atajo Lot Line Adjustment PM: Parcel Map GP: Grading Permit PS: Planning Services BP: Building Permit TO: Temporary Occupancy BS: Building Services FD: Fire Department F0: Final Occupancy PD: Police Department PI: Public Improvements CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadem Mutual Water Company 8. All construction access shall be taken off of Atajo Road. On-going PS 9. 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 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. 10. 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 11. A tract 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. Mitigation Measures Draft Planning Commission Resolution 2003-0094 September 16, 2003 Page 9 of 18 Conditions of Approval / Mitigation Monitoring Program Tentative Tract Map 20030029 Encino / Atajo Lot Line Adjustment 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: Atascadem Mutual Water Company Mitigation Measure Mitigation Measure 3.b.1: The project shall be conditioned to BP BS/PS 3.15.1 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 • 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: Y. Reduce the amount of the disturbed area where possible. Z. 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. AA. All dirt stockpile areas should be sprayed daily as needed. BB. 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. CC. 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. Draft Planning Commission Resolution 2003-0094 September 16, 2003 Page 10 of 18 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation Tentative Tract Map 20030029 /Monitoring Measure Encino / Atajo Lot Line Adjustment PM: Parcel Map GP: Grading Permit PS: Planning Services BP: Building Permit TO: Temporary Occupancy BS: Building Services FD: Fire Department F0: Final Occupancy PD: Police Department PI: Public Improvements CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadem Mutual Water Company DD. 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. EE. 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. FF. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. GG. 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. HH. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or was off trucks and equipment leaving the site. II. 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. JJ. The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust off site. The name and telephone number of such persons shall be provided to the APCD prior to land use clearance for map recordation and land use clearance for finish grading of any structure. Mitigation Measure 4.e.1: All tree removals shall be mitigated BP PS 4.e.1 consistent with the requirements of the Atascadero Native Tree Preservation Ordinance. Mitigation Measure 4.e.2: Grading and excavation and BP PS 4.e.2 grading work shall be consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: a) All existing trees outside of the limits of work shall remain. b) Earthwork shall not exceed the limits of the project area. c) Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. d) Vehicles and stockpiled material shall be stored outside the dripline of all trees. e) All trees within the area of work shall be fenced for protection with 4 -foot chain link, snow, or safety fencing placed per the approved tree protection plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing shall remain in Draft Planning Commission Resolution 2003-0094 September 16, 2003 Page 11 of 18 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation Tentative Tract Map 20030029 /Monitoring Measure Encino / Atajo Lot Line Adjustment PM: Parcel Map GP: Grading Permit PS: Planning Services BP: Building Permit TO: Temporary Occupancy BS: Building Services FD: Fire Department F0: Final Occupancy PD: Police Department PI: Public Improvements CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadem Mutual Water Company place until completion of all construction activities. f) Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. Mitigation Measure 4.e.3: An arborists report shall be required BP PS 4.e.3 prior to project implementation. The report shall identify each native tree proposed for removal and each tree within the project area subject to potential impact. The report shall provide recommendations for tree pruning, tree protection of existing native trees to remain, and identify native tree impact/replacement mitigation per the Atascadero Municipal Code Section 9-11.105. Mitigation Measure 4.e.4: The developer shall contract with a FO BS/PS 4.e.4 certified arborist during all phases of project implementation. The certified arborists shall be responsible for monitoring the project during all phases of construction through project completion, as follows: (a) A written agreement between the arborist and the developer outlining a arborist monitoring schedule for each construction phase through final inspection shall be submitted to and approved by planning staff prior to the issuance of building/grading permits. (b) Arborist shall schedule a pre -construction meeting with engineering /planning staff, grading equipment operators, project superintendent to review the project conditions and requirements prior to any grubbing or earth work for any portion of the project site. All tree protection fencing shall be installed for inspection during the meeting. (c) As specified by the arborist report and City staff: ■ Prune all trees to be saved for structural strength and crown cleaning by a licensed and certified arborist; ■ Remove all debris and spoils from the lot cleaning and tree pruning. ■ All trenching or grading within the protected root zone area, outside of the tree protection fence shall require hand trenching or preserve and protect roots that are larger than 2 inches in diameter. ■ No grading or trenching is allowed within the fenced protected area. ■ Any roots that are 4 inches in diameter or larger are not to be cut until inspected and approved by the on- site arborist. ■ Apply any additional recommendations of the project arborist. (d) Upon project completion and prior to final occupancy a final status report shall be prepared by the project arborist certifying that the tree protection plan was implemented, the trees designated for protection were protected during Draft Planning Commission Resolution 2003-0094 September 16, 2003 Page 12 of 18 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation Tentative Tract Map 20030029 /Monitoring Measure Encino / Atajo Lot Line Adjustment PM: Parcel Map GP: Grading Permit PS: Planning Services BP: Building Permit TO: Temporary Occupancy BS: Building Services FD: Fire Department F0: Final Occupancy PD: Police Department PI: Public Improvements CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadem Mutual Water Company construction, and the construction -related tree protection measures are no longer required for tree protection. Mitiaation Measure 6.b.1: All disturbed areas, not shown on BP BS/PS 6.b.1 the project landscape plan for landscaping shall be hydroseeded with a native seed mix. Erosion control measures shall include an erosion control blanket for all 2:1 fill slopes. Affected areas that previously contained native shrubs and vegetation shall be replanted with similar plant species per the approved landscape plan. Duration of the project: The contractor will be responsible for the clean-up of any mud or debris that is tracked out on to Chauplin Aveune and/or the private access drive by construction vehicles. Mitigation Measure 6.b.2: The grading permit application BP BS/PS 6.b.2 plans shall include erosion control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. Mitigation Measure 6.c.d.1 : A soils report shall be required to BP BS 6.c.d.1 be submitted with a future building permit by the building department. The building plans will be required to follow the recommendations of the soils report to assure safety for residents and buildings. The property contains no unusual geological formations. Mitigation Measure 6.e.1: Percolation tests are required in the BP BS 6.e.1 City of Atascadero before building permits for residences can be issued. Mitigation Measure 8e.f.1: A Storm Water Pollution Prevention GP BS/PS/CE 8.e.f.1 Plan (SWPPP)/Erosion Control Plan shall be submitted and approved by the City Engineer prior to the issuance of the building permit. The plan shall include storm water measures for the operation and maintenance of the project for the review and approval of the City Engineer. The Building Perm it 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 BS/PS/CE 8.e.f.2 ensuring that all contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop orders. Mitigation Measure 11.d.1: All construction activities shall BP BS/PS 11.d.1 comply with the City of Atascadero Noise Ordinance for hours of operation. Draft Planning Commission Resolution 2003-0094 September 16, 2003 Page 13 of 18 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation Tentative Tract Map 20030029 /Monitoring Measure Encino / Atajo Lot Line Adjustment PM: Parcel Map GP: Grading Permit PS: Planning Services BP: Building Permit TO: Temporary Occupancy BS: Building Services FD: Fire Department F0: Final Occupancy PD: Police Department PI: Public Improvements CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadem Mutual Water Company City Engineering Drainage Conditions: 12. . Encino Road shall be constructed to Rural Hillside Local IP CE Road Standards (402). 20 foot wide paved surface. This road will connect from Atajo Ave to existing paved Encino Ave. The Road shall be in an easement for access and drainage. 13. The applicant must provide for the maintenance this section FM CE of Encino Road. This shall include the road surface, banks, berms, drainage facilities and any other improvements that are required for the road. The two methods that may be used are: a. Homeowners Association. This private organization would be responsible for the maintenance, repair and replacement of the facilities.. b. Benefit Maintenance District. Funds for the maintenance, repair and replacement of the facilities would be collected on the property tax bill and distributed to the City. The City would use the funds to maintenance the improvements. 14. The driveways off Encino Ave that serve building sites on FM CE lots 1, 3, 5 and 6 are private and shall be the responsibility of the owners to maintain. A driveway m aintenance agreement shall be recorder simultaneously with the recordation of the final map.. 15. All public improvements shall be constructed in conformance IP CE with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. City Engineer Drainage Conditions: 16. The Storm Drain that is proposed through Lots 1 and 3 FM CE is the responsibility of the property owners to maintain and keep clear. A drainage maintenance agreement shall be recorder simultaneously with the recordation of the final map. A drainage easement shall be recorded on the final map to allow the upstream flow to be passed through. If a homeowner association is formed this may be maintained by it. Draft Planning Commission Resolution 2003-0094 September 16, 2003 Page 14 of 18 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation Tentative Tract Map 20030029 /Monitoring Measure Encino / Atajo Lot Line Adjustment PM: Parcel Map GP: Grading Permit PS: Planning Services BP: Building Permit TO: Temporary Occupancy BS: Building Services FD: Fire Department F0: Final Occupancy PD: Police Department PI: Public Improvements CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadem Mutual Water Company 17. Obtain approval by the City Engineer of the grading & IP CE drainage plan and the storm drain design & facilities. 18. Submit calculations to support the design of any IP CE structures or pipes. Closed conduits shall be designed to convey the 10 -year flow with gravity flow, the 25 -year flow with head, and provide safe conveyance for the 100 year overflow. The calculations shall prove no negative impacts to the downstream drainage system or properties. 19. Show the method of dispersal at all pipe outlets. Include IP CE specifications for size & type. 20. Show method of conduct to approved off-site drainage IP CE facilities. 21. Concentrated drainage from off-site areas shall be IP CE conveyed across the project site in drainage easements. Acquire drainage easements where needed. Drainage shall Toss lot lines only where a drainage easement has been provided. City Engineer Road Abandonment 22. The Colony Right of Way for Encino Ave. may be FM CE abandoned through lots 14, 15 and 19. The Right of Way will be left on lots 23, 24, 11, 12, 13. The new Encino Ave will be offered as a Public Access and utility easement. The abandonment and the easements may be recorded on the final map. City Engineer Wastewater 23. All sewer mains and laterals on this project are private. FM CE The sewer mains are he responsibility of the private property owners to maintain. A sewer main maintenance agreement shall be recorder simultaneously with the recordation of the final map. The easement for the sewer mains shall be on the final map and in favor of the properties served. If a homeowner association is formed this may be maintained by it. 24. The tentative map proposes a sewer lateral to be IP CE suspended above a creek flow line. Every effort shall be made to construct this facility underground. Profiles of this line shall be submitted with the improvement drawings. If the line cannot feasible be constructed underground, the crossing shall be designed to Public Draft Planning Commission Resolution 2003-0094 September 16, 2003 Page 15 of 18 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation Tentative Tract Map 20030029 /Monitoring Measure Encino / Atajo Lot Line Adjustment PM: Parcel Map GP: Grading Permit PS: Planning Services BP: Building Permit TO: Temporary Occupancy BS: Building Services FD: Fire Department F0: Final Occupancy PD: Police Department PI: Public Improvements CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadem Mutual Water Company Works Standards. This will include headwalls. 25. All Wastewater facilities shall be designed and install to IP CE the City Engineering Standards. City Engineer Easements & Property Conditions 26. The final map shall have easements for access, FM CE drainage and utilities. STANDARD CONDITIONS 27. 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. 28. In the event that the applicant is allowed to bond for the public improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 29. 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. 30. The Subdivision Improvement Agreement shall record concurrently with the Final Map. 31. The applicant shall enter into a Plan Check/Inspection agreement with the City. 32. The applicant shall be responsible for the relocation and/or alteration of existing utilities. 33. 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. 34. The applicant shall monument all property corners for construction control and shall promptly replace them if disturbed. 35. 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 Draft Planning Commission Resolution 2003-0094 September 16, 2003 Page 16 of 18 Conditions of Approval / Mitigation Monitoring Program Tentative Tract Map 20030029 Encino / Atajo Lot Line Adjustment 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: Atascadem Mutual Water Company Mitigation Measure property owners whose ingress and egress is affected by these improvements. 36. Slope easements shall be provided as needed to accommodate cut of fill slopes. 37. Drainage easements shall be provided as needed to accommodate both public and private drainage facilities. 38. The final map shall be signed by the City Engineer prior to the map being placed on the agenda for City Council acceptance. 39. Prior to recording the tract 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. 40. Prior to recording the tract 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. 41. Prior to recording the tract map, the applicant shall pay all outstanding plan check/inspection fees. 42. Prior to recording the map, the applicant shall complete all improvements required by these conditions of approval. 43. Prior to recording the tract 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. 44. 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. 45. Prior to the final inspection of any public improvements, Draft Planning Commission Resolution 2003-0094 September 16, 2003 Page 17 of 18 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation Tentative Tract Map 20030029 /Monitoring Measure Encino / Atajo Lot Line Adjustment PM: Parcel Map GP: Grading Permit PS: Planning Services BP: Building Permit TO: Temporary Occupancy BS: Building Services FD: Fire Department F0: Final Occupancy PD: Police Department PI: Public Improvements CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadem Mutual Water Company the applicant shall s ubmit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans. 46. 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. 47. An encroachment permit shall be obtained prior to any work within City rights of way. 48. Prior to issuance of building permits, the applicant shall submit a grading and drainage plan with a separate sheet(s) devoted to sedimentation and erosion control, prepared by a registered civil engineer for review and approval by the City Engineer. Atascadero Mutual Water Company (AMWC): 49. Prior to recordation of the final map, the applicant shall IP AMWC submit plans for review and approval by AMWC for all existing and proposed water distribution facilities that provide water service to the proposed lots. All new water distribution facilities shall be constructed in conformance with Aascadero Mutual Water Company Standards. 50. Prior to recording the parcel map the applicant shall FM AMWC obtain a "Will Serve" letter from Atascadero Mutual Water Company. 51. Prior to the start of construction, the applicant shall pay IP AMWC all installaion and connection fees required by the Atascadero Mutual Water Company, or enter in to a "deferred connection" agreement. 52. The final map shall note that AMWC, reserves and FM AMWC retains all rights and privileges granted to it, among other things, to construct and operate water facilities over, along, upon and through the subject roadway alignment, by that certain Deed, dated October 20, 1914, and recorded in the Office of the County Recorder, County of San Luis Obispo, State of California, in volume 113, at page 56. 53. All water distribution facilities shall be constructed in FM 1 IP AMWC conformance with AMWC standards, policies and approved procedures and the California Waterworks Standards (Code of Regulations Title 22, Division 4, Draft Planning Commission Resolution 2003-0094 September 16, 2003 Page 18 of 18 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation Tentative Tract Map 20030029 /Monitoring Measure Encino / Atajo Lot Line Adjustment 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: Atascadem Mutual Water Company Chapter 16). All cross connection devices shall be constructed in conformance with AWWA and California Department of Health Services standards. Fire Department Conditions 54. A fire road connection without a barrier shall be IP FD provided between Atajo Road and the existing end of pavement on Encino Road 55. Provide an approved fire hydrants as required by the IP FD fire chief.