HomeMy WebLinkAboutPC_2003-10-07_AgendaPacketCITY OFATASCADERO
PLANNING COMMISSION AGENDA
Regular Meeting
October 7, 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 16, 2003.
2. APPROVAL OF FINAL MAP 2003-0055: (PARCEL MAP ATAL 99-289)
9123 SAN RAFAEL: WORTHAN
COMMUNITY DEVELOPMENT STAFF REPORTS
3. BIG BUBBA'S BAD BBQ, 8050 EL CAMINO REAL, APPEARANCE REVIEW
PRESENTATION
4. TREE REMOVAL PERMIT 2003-0039: 8270 TOLOSO ROAD (MESSER)
4-A. TREE REMOVAL PERMIT 2003-0040: 2055 SAN FERNANDO RD. (DELEO)
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).)
5. ROAD ABANDONMENT 2003-0012, TENTATIVE TRACT MAP 2003-0029:
ENCINO/ATAJO 6 -LOT MAP
Applicant:
Don Messer, PO Box 1958, Atascadero, CA 93423, 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
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)
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 at
Determination:
6500 Palma Avenue, Community Development Department, Room 104, from 8:00 a.m. to
5:00 p.m., Monday through Friday.
6. TENTATIVE PARCEL MAP 2003-0045: 2055 SAN FERNANDO ROAD
Applicant:
Steven Soenke, 1802 Pinecove Dr., San Luis Obispo, CA 93405, 546-9204
Owner:
Mike Deleo, 1942 Partridge Dr., San Luis Obispo, CA 93405, 595-1928
Project Title:
Tentative Parcel Map 2003-0045
Project
2055 San Fernando Road, Atascadero, CA 93422, San Luis Obispo County
Location:
APN 049-281-011
Project
A proposed subdivision of an existing 8.66 net acre lot into two individual parcels of 4.33 net
Description:
acres each. The site is currently developed with a single-family residence that will be confined to
Description:
one lot to allow the new lot to be developed with a single-family residence. The project requires
the removal of seventeen (17) native trees. The parcels are moderately to steeply sloped and
contain dense vegetation and several native oak trees. Onsite septic will serve the property and
water is available from Atascadero Mutual Water Company.
General Plan Designation: Residential Suburban (RS)
Zoning District: Rural Estate RE
Proposed
Based on the initial study prepared for the project, a Negative Declaration is proposed. The
Environmental
proposed Mitigated Negative Declaration was available for public review from 9/11/03 through
Determination:
10/30/03 at 6500 Palma Avenue, Community Development Department, from 8:00 a.m. to
Determination:
5:00 p.m., Monday through Friday.
7. ZONE CHANGE 2002-0036, CONDITIONAL USE PERMIT 2003-0087,
TENTATIVE PARCEL MAP 2002-0035: 7755 NAVAJOA AVE.
Applicant:
Michael Emrich, 8580 Casanova Rd., Atascadero, CA 93422, 466-8113
Jack Huckobey; 5050 Portola Rd, Atascadero, CA 93422, 461-9234
Project Title:
7755 Navajoa Ave PD -7; Zone Change 2002-0036, Conditional Use Permit 2003-0087;
Tentative Parcel Map 2002-0035 for a 4 -lot PD -7 subdivision
Project
7755 Navajoa Ave, Atascadero, CA 93422 (Single Family Residence)
Location:
(San Luis Obispo County) APN 031-183-002.
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 six new single-family homes
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. Each proposed residence
is approximately 2000 square feet. The project includes one home per lot each with a two -
car garage. Mitigation will be required for the removal of native walnut trees.
General Plan Designation: Medium Density Residential — MDR
Zoning District: Residential Multiple Family — RMF -10
Proposed
Based on the initial study prepared for the project, a Negative Declaration is proposed. The
Environmental
proposed Mitigated Negative Declaration was available for public review from 9/17/03
Determination:
through 10/6/03 at 6500 Palma Avenue, Community Development Department, from 8:00
a.m. to 5:00 p.m., Monday through Friday.
8. CONDITIONAL USE PERMIT 2003-0095: 9190 SAN DIEGO WAY
88 -UNIT APARTMENT COMPLEX
Applicant:
JRM Enterprises, 1050 Herdsman Way, Templeton, CA 93465 Phone: 238-5313
Project Title:
Southside Villas Apartments — CUP 2003-0095 for a 86 -unit Multi -Family Residential
Project
Development
Project
San Diego Way Lots 9, 11, 12, and 13; Block 66, Atascadero, CA 93422
Location-
(San Luis Obispo County) APN 045-352-002, 003, 004, 006, 007.
Project
The proposed project consists of an application for a Conditional Use Permit to establish an
Description:
86 -unit apartment development. The project will include 74 two bedroom units of
Environmental
approximately 857 square feet and 12 three bedroom units of approximately 1048 square
Determination:
feet. No native oak trees are proposed for removal.
General Plan Designation: High Density Multi -Family
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 10/7/03 at 6500 Palma Avenue, Community Development Department, from 8:00
a.m. to 5:00 p.m., Monday through Friday.
9. CONDITIONAL USE PERMIT 2003-0111: RITE AID DRIVE THRU
Applicant:
Rite Aid Corporation, PO Box 3165, Harrisburg, PA 17105
Project Title:
Rite Aid Pharmacy Drive Thru
Project
7055 EI Camino Real, Atascadero, CA 93422
Location:
APN 030-081-016
Project
The proposed project consists of a Conditional Use permit application to establish a drive
Description•
thru pharmacy at the existing Rite Aid location. No native trees are proposed for removal.
Proposed
Class 1 of the California Environmental Quality Act (CEQA) (Section 15301, Existing Facilities)
Environmental
exempts the minor additions to existing facilities that have a negligible expansion of use.
Determination:
10. TENTATIVE TRACT MAP 2002-0023: 8805 SAN RAFAEL 5 -LOT
Applicant:
Kelly Gearhart, 6205 Alcantara Ave., Atascadero, CA 93422, 461-7505
Owner:
Eagle Ranch LLC, P.O. Box 25010, Ventura, CA 93002, (805) 648-3363
Project Title:
Tentative Tract Map 2002-0023
Project
8805 San Rafael Road, 8550 San Gabriel Road, Atascadero, CA 93422
Location:
(San Luis Obispo County) APN 049-311-005 / 056-371-018
Project
The proposed project consists of a tract map subdividing three existing vacant lots into five
Description:
parcels. Five parcels will be created allowing the development of five vacant individual
Description-
residences. The project includes building envelopes with proposed driveways for each lot.
The project site is located within the Residential Suburban (RS) zoning district. The new
Proposed
development will take access from San Rafael Road and from an access easement across
Environmental
lot four. Onsite septic systems will be used for wastewater and water service will be provided
Determination:
by Atascadero Mutual Water Company.
General Plan Designation: RE
Zoning District: RS
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 from
Determination:
9/12/03 through 10/1/03 at 6500 Palma Avenue, Community Development Department,
Room 104, from 8:00 a.m. to 5:00 p.m., Monday through Friday.
11. CONDITIONAL USE PERMIT 2003-0100: HOTEL PARK OFFICE
Applicant:
Hotel Park Group, PO Box 1980, Atascadero, CA 93423
Project Title:
Modification to the master site plan established for Hotel Park
Project
5855 Capistrano Ave., Atascadero, CA 93422
Location:
APN 029-363-024
Project
The proposed project consists of an application for a Conditional Use Permit to modify the
Description-
original master site plan for the Hotel Park development. The proposed changes relate to
phase II building architecture. One oak tree is proposed for removal.
Proposed
The proposed project is within the scope of the improvements included within the original
Environmental
Master Plan of Development PPN 30-87. No new impacts are associated with the modified
Determination:
building designs.
COMMISSIONER COMMENTS & REPORTS
DIRECTOR'S REPORT
ADJOURNMENT
The next regular meeting of the Planning Commission will be October 21, 2003 at City Hall in
the 4th Floor Rotunda, 6500 Palma Avenue, Atascadero.
Please note: Should anyone challenge in court any proposed development entitlement listed
on this Agenda, that person may be limited to raising those issues addressed at the public
hearing described in this notice or in written correspondence delivered to the Planning
Commission atlor prior to this public hearing.
\\CityhaII\CDvlpmnt\— PC Agendas\PC 2003\PC Agenda. 10-16-03.word.am.doc
City ofAtascadero
WELCOME TO THE ATASCADER0 PLANNING COMMISSION MEETING
The Planning Commission meets in regular session on the first and third Tuesday of each month
at 7: 00 p.m., in the Rotunda of City Hall. Matters are considered by the Commission in the
order of the printed Agenda.
Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on
file in the office of the Community Development Department and are available for public inspection during City
Hall business hours at the Permit Center counter. An agenda packet is also available for public review at the
Atascadero Library, 6850 Morro Road. All documents submitted by the public during Commission meetings that
are either read into the record or referred to in their statement will be noted in the minutes and available for review
in the Community Development Department office.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City
meeting or other services offered by this City, please contact the City Manager's Office, (805) 461-5010, or the
City Clerk's Office, (805) 461-5074. Notification at least 48 hours prior to the meeting or time when services are
needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the
meeting or service.
TO SPEAK ON AGENDA ITEMS
Members of the audience may speak on any item on the agenda. The Chairperson will identify the subject, staff will
give their report, and the Commission will ask questions of staff. The Chairperson will announce when the public
comment period is open and will request anyone interested to address the Commission regarding the matter being
considered to step up to the podium. If you wish to speak for, against or comment in any way:
• You must approach the podium and be recognized by the Chairperson
• Give your name and address (not required)
• Make your statement
• All comments should be made to the Chairperson and Commission
• All comments limited to 5 minutes (unless changed by the Commission)
• No one may speak for a second time until everyone wishing to speak has had an opportunity to do so,
and no one may speak more than twice on any item.
The Chairperson will announce when the public comment period is closed, and thereafter, no further public
comments will be heard by the Commission.
TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA
Under Agenda item, "PUBLIC HEARINGS," the Chairperson will call for anyone from the audience having
business with the Commission to:
• Please approach the podium and be recognized
• Give your name and address (not required)
• State the nature of your business
This is the time items not on the Agenda may be brought to the Commission's attention. A maximum of 30 minutes
will be allowed for Community Forum (unless changed by the Commission).
Cdvlpmnt/PC Agenda/ -Welcome and meeting information1doc
DRAFT
ITEM NUMBER: 1
DATE: 10/07/03
CITY OF A TASCADERO
PLANNING COMMISSION MINUTES
Regular Meeting
September 16, 2003 — 7:00 P.M.
CALL TO ORDER
Chairperson Fonzi called the meeting to order at 7:04 p.m. and Commissioner Jones led the
Pledge of Allegiance.
ROLL CALL
Present: Commissioners Bentz, Beraud, Jones, O'Keefe, Porter, Vice Chairperson Kelley
and Chairperson Fonzi
Absent: None
Staff: Community Development Director Warren Frace, Planning Services Manager
Steve McHarris, City Engineer Steve Kahn, Associate Civil Engineer Jeff van den
Eikhof, Associate Planner Kelly Gleason, Associate Planner Kerry Margason,
Assistant Planner Lisa Wilkinson, Fire Chief Kurt Stone and Recording Secretary
Grace Pucci.
APPROVAL OF AGENDA
MOTION: By Commissioner Jones and seconded by Commissioner Bentz to approve the
agenda.
AYES: Commissioners Jones, Bentz, Beraud, O'Keefe, Porter, Kelley and Chairperson
Fonzi
NOES: None
ABSTAIN: None
Motion passed 7.0 by a roll -call vote.
CONSENT CALENDAR
1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION
MEETING ON SEPTEMBER 2, 2003.
MOTION: By Vice Chairperson Kelley and seconded by Commissioner Bentz to approve the
Consent Calendar
AYES: Commissioners Bentz, Beraud, Porter, O'Keefe, Kelley and Chairperson Fonzi
NOES: None
ABSTAIN: Commissioner Jones
Motion passed 6:0 by a roll -call vote.
PUBLIC COMMENT
Eric Greening, 7365 Valle, drew the Commissions attention to the City Council's strategic
planning session and the informal direction given to pursue extending the second units beyond
the current zone in which they are allowed to any area in the City with one -acre lots or more.
Mr. Greening felt this directive would have considerable implications for the General Plan and
its Environmental Review, and in relation to the City's adoption of smart growth principles.
Chairperson Fond closed the Public Comment period.
COMMUNITY DEVELOPMENT STAFF REPORTS
Community Development Director Warren Frace introduced new Assistant Planner Lisa
Wilkinson to the Commission.
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 twenty-four (24) native oak trees subject to the guidelines and mitigation
required by the Atascadero Native Tree Ordinance.
Associate Planner Kelly Gleason provided the staff report and answered questions of the
Commission.
Chairperson Fonzi entered into the record a letter frorn Gordon R. Hensley, Executive Director
of Environment in the Public Interest. (Exhibit A)
PUBLIC COMMENT
Mike Messer, applicant, described the home he wishes to construct and spoke about the site and
the process he pursued in an attempt to save more trees on the property. He felt the proposed
project is the best he can do in order to make this home design work on the site. Mr. Messer
answered questions of the Commission.
Commissioner Jones asked the applicant to describe the process he went through with staff to
determine how to save more trees on the site, i.e. the use of stem walls, etc. Mr. Messer stated
that he has not considered the use of stem walls and that originally they had a much larger pad
for the house and allowed for a larger yard in the back which then pushed the toe of the fill
further out and impacted more trees.
Chairperson Fonzi questioned whether the applicant had considered a two story home rather than
a long one story. Mr. Messer stated that he had not, he has a house plan that he has built before
and is pleased with, and this is the house he wants to build.
Vice Chairperson Kelley asked Mr. Messer if he had given any thought to a raised foundation as
it seems on that lot the cost of tree removal and the mitigation fees would be more costly than
just doing a raised foundation, which would create fewer impacts on the lot. The applicant stated
that he is looking at this project from the point of view of either himself or somebody living in
the house and enjoying the area with a little yard to enjoy the view, and he feels the submitted
plan is the best use of the property.
Eric Greening felt that the Commission would be unable to make the findings as required. Many
of the remaining lots in the community are difficult to build upon and as a result many trees are
being removed to accommodate single-family homes. He does not feel that the EIR on the
General Plan countenanced the taking of the thousands of trees that this type of development
would generate given the difficulty of building on those lots. Mr. Greening encouraged the
Commission to be conservative in defining the word "reasonable, " and encouraged some of the
construction alternatives already discussed by the Commissioners. He also reminded the
Commission that most of these trees are in good condition, and the fact that they have a small
diameter does not make them less valuable.
Clement Salvadore, 8240 Toloso Road, stated that he has lived in the area for 12 years and is
taken aback by the number of trees slated for removal on the applicant's lot. He felt this project
is better suited to a flat lot with no trees, and is not suitable for Tolosa Road. Additionally the
removal of this many trees is opposed to the intent of the Atascadero Native Tree Ordinance.
Galen Little, 8265 Toloso Road, indicated that he lives directly across the street from the subject
property as well as being a contractor and developer. He has looked at this site and felt
something with a raised foundation would be more suitable to the lot. He encouraged the
applicant to hire an architect to design a structure for the site instead of forcing the site to fit the
current house plan. Mr. Little answered questions of the Commission.
Thomas Marks, 8251 Toloso Road, gave a brief history of the development of this area. He
expressed shock over the number of trees to be removed and felt the applicant should design his
home to fit the property.
Robert Johnson, Toloso Road, said he agreed with the other speakers and felt the plan for this
home was not appropriate for the lot. He also felt the home should be built for the lot and felt the
photographs in the staff report misrepresented the terrain of the site, as they made it look flat
when in reality there is in excess of a 30 degree slope.
Ron Kapal, 8165 Casenada Lane, stated that he supports the views of the other speakers.
Commissioner Jones requested that the applicant respond to the concerns addressed by the
previous speakers. Mr. Messer made the following responses: 1) he will live in the home once it
is built, it is not a spec home, 2) this is not just a dollars and cents approach to developing the
property, and 3) he wants the house to work on the site. Regarding stem walls and other designs,
he stated he had looked at doing a two-story house and felt certain constraints such as the
driveway approach, and the buildable area (which is very narrow) would still require grading.
Chairman Fonzi closed the Public Comment period.
Vice Chairperson Kelley stated he believes in property rights and feels there is not a lot of area
on this lot to build a house without impacting trees, however, if the applicant would just do the
stem wall and use that type of construction, all tree impact to the right of the site would be
eliminated. He also felt the decision to build a one or two story house should be made by the
applicant.
Commissioner Jones indicated that he would have a difficult time making the findings that would
satisfy the Atascadero Native Tree Ordinance as well as those presented by staff. He feels that
the applicant hasn't considered other design alternatives, and it appears hasn't discussed any
alternatives with staff and for this reason he is unable to vote for the project as it currently
stands.
Commissioner O'Keefe thanked the neighbors for coming out and speaking on behalf of a more
site -sensitive design. She indicated that she also was unable to make the finding that practical
design alternatives were looked at, something that is a requirement in the Tree Ordinance. For
this reason she is unable to support this particular design on this lot.
Commissioner Porter felt that there are practical ways through design alternatives to save many
of the trees on the property, and he is hopeful that the applicant will take some of the suggestions
discussed by the Commission and try to implement them on this lot. He also is unable to make
the findings required.
Commissioner Beraud stated that she was in accordance with the views expressed by the
Commission. She reviewed the criteria the applicant must meet to make the findings, and felt the
Commission must set standards for this type of lot that will assist the planning staff in suggesting
design alternatives to future applicants. Commissioner Beraud will vote against the project.
MOTION: By Commissioner O'Keefe and seconded by Chairperson Fonzi to deny the
request for the removal of the 24 trees that the applicant is requesting.
Vice Chairperson Kelley suggested continuing this item rather than denying it so the applicant
could work with staff without paying additional fees.
Chairperson Fonzi asked staff for direction on this suggestion.
Director Frace indicated that the Commission could take either option; both would have the same
effect. If the permit were denied the project would have to be redesigned and reprocessed for
Commission approval. If it is sent back to staff for the applicant to redesign, there would be the
same effect. Director Frace stated that staff understands that the Commission feels the tree
removals and grading are excessive and that they would like to see the project redesigned to
minimize the tree removals. He felt it would be cleaner to just refer the item back to staff with
this direction and staff could work with the applicant to redesign the project and bring it back to
the Commission.
Commissioner O'Keefe withdrew her motion, and Chairperson Fonzi withdrew her second.
MOTION: By Commissioner Jones and seconded by Commissioner O'Keefe to direct the
applicant to go back to staff to work with staff to satisfy the conditions of the Tree
Ordinance to consider alternative designs and also some of the cost comparison
design work that needs to be done and to have staff bring it back at such time that
it is ready for the Commission to hear.
AYES: Commissioners, Jones, O'Keefe, Porter, Beraud, Bentz, Kelley and Chairperson
Fonzi
NOES: None
ABSTAIN: None
Motion passed 7.0 by a roll -call vote.
PUBLIC HEARINGS
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
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
Vice Chairperson Kelley stated that he would be stepping down from consideration of this item
because he will be representing the applicant in the marketing of these homes.
Associate Planner Kelly Gleason provided the staff report and answered questions of the
Commission.
PUBLIC COMMENT
Bob Kelley, applicant's representative, 9955 Calle Refugio, addressed the issues raised by the
Commission, and explained the applicant's reasons for making this request. Mr. Kelley
answered questions of the Commission.
Phillip Knight, 8755 El Centro, stated he lives near the project and feels the existing fence is of
poor quality and sub standard compared with the other fences in the area. He has no objections
to putting in the fence, but would like to see quality of materials and workmanship. Regarding
the drainage basin, he suggested it would be better to continue the fence to El Centro Road.
Bob Kelley addressed the issues raised by Mr. Knight. 1) The warped boards will be replaced
and the fence will be of high quality when complete, 2) fences are not complete because they are
awaiting a determination on how to address the drainage area, and 3) the applicant would like to
continue the wooden fence along the drainage barrier and continue it to the street.
Chairperson Fonzi closed the Public Comment period.
There was Commission discussion regarding the payment of development impact fees if the park
area were fenced.
Mr. Kelley came forward to state that he has been instructed by the applicant that the purpose of
this request was to protect the homeowners and their liabilities, however if it is to become a
major issue he will waive that part of the application and will put in the park as originally
planned.
MOTION: By Commissioner Jones and seconded by Commissioner Porter to adopt
Resolution No. PC 2003-0074 subject to the findings in Section 1, Section 2 and
Section 3, but with the removal of the drainage basin fence plan, also that in light
of the comments made by the neighbor as well as the applicant's agent that the
solid wood fence be appropriate to be placed there, that it be in a quality condition
and that the existing wooden fence that has some problems with it either be
replaced or repaired.
AYES: Commissioners Jones, Porter, O'Keefe, Beraud, Bentz and Chairperson Fonzi
NOES: None
ABSTAIN: None
Motion passed 6:0 by a roll -call vote.
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
Vice Chairperson Kelley rejoined the hearing.
Planning Services Manager Steve McHarris provided the staff report and answered questions of
the Commission.
PUBLIC COMMENT
Russ Thompson, R. Thompson Consulting, applicant's representative, expressed the following
concern with the Conditions of Approval: Final alignment of sewer connection, the applicant
would like a clause added at the end of Condition No. 31 in the P.D. and Condition No. 20 in the
Tract Map, to read "or other suitable easements as approved by the City Engineer." This would
allow the applicant to pursue obtaining a sewer easement from the adjacent property owner
through the commercial property down to El Camino Real. Mr. Thompson answered questions
of the Commission.
Larry Thibeault, Beauwest LLC, property owner in the area of this project, felt the Commission
should look at future development of surrounding properties and whether they would like to tie
into the sewer. He felt it would be in the City's best interest to bring the sewer down Del Rio
Road.
Mike Lewis, property owner on adjoining lot, expressed the following concerns: 1) over
trimming of trees by arborist when applicant took possession of the site, 2) traffic impacts on
Obispo Road, 3) RFX zone is only one street away from his home and he feels type of zoning
will spread thus defeating the City's plan of providing larger lots away from the town center, and
4) major impact with 1/4 acre lots which are out of character with the community. Mr. Lewis
disagrees with the project and feels it does not conform to the neighborhood or the General Plan.
Eric Greening questioned the consistency of this project with the neighborhood character. He
questioned the drainage on one side of the property and how it was to be handled.
Ron Schmelzer, 4800 Obispo Road, felt the project is not in character with the rural aspect of the
neighborhood. He also stated that Obispo Road is too narrow as it now stands and is in need of
repair.
Dan Higanbothom, 4820 Obispo Road, stated his agreement with his neighbors in that this
project does not fit with the character of the neighborhood. He felt approving this project would
start a precedent with 1/4 acre lots. He would like to see the zoning remain as it is or at the most
go to 1/2 acre.
Mike Lewis stated that the existing home on the property is 1,600 square feet not inclusive of the
garage. He also stated that he had planted the 30 to 40 cedar trees on the property, which would
be wiped out with this proposal.
Eric Greening expressed concern with site distance from the road junction and asked what the
site distance actually is.
Chairperson Fonzi closed the Public Comment period.
Chairperson Fonzi asked the applicant's representative and staff to address concerns raised
during the Public Comment period.
Chairperson Fonzi recessed the hearing at 9:25 p.m.
Chairperson Fonzi called the meeting back to order at 9:35 p.m.
Commissioner Beraud felt this was a very rural area and for this reason has difficulty with
making the finding that this project is consistent with the General Plan.
Commissioner Jones discussed the zoning in this area and reminded the Commissioners that a
large, dense project was approved at their last meeting to the south of town, far from the core of
the city. He felt there are corridors where higher density is appropriate. Commissioner Jones
felt the project was appropriate for this area.
Commissioner O'Keefe felt this was an attractive Planned Development in the wrong place. She
stated that a more appropriate transition would be 1/2 acre lots and is concerned that this
development is not providing inclusionary housing. Commissioner O'Keefe stated she could not
make the finding that this development is compatible with the neighborhood.
Commissioner Bentz stated that the Commission must uphold the laws passed by the City
Council and based on their direction he cannot find any reason to not support the project.
Commissioner Porter felt this project was a good transition from commercially designated
property to the larger 2-%2 acre estate lots. He felt much thought has been put into this project
and that the developer has followed the inclusionary guidelines set forth by the City Council.
Vice Chairperson Kelley indicated that this project was a fine balance given the several different
zoning designations in the area. He felt the core is moving outward and expressed his agreement
with Commissioner Bentz's comments. Vice Chairperson Kelley suggested including a deeded
disclosure that states properties to the north are large and have the right to have animals and
properties to the west will support commercial activities.
Chairperson Fonzi raised the following issues: 1) workforce housing should be incorporated into
the project, 2) sewer addition must be to the satisfaction of the City Engineer, and 3) there should
be a site distance analysis for this project. Chairperson Fonzi stated that she likes the housing
proposed for this site, however she feels the density is not compatible with the surrounding
acreage.
MOTION: By Commissioner Bentz and seconded by Commissioner Jones to adopt
Resolution No. PC 2003-0087 recommending that the City Council certify
Proposed Mitigated Negative Declaration 2003-0045; and, 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, 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, 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, along with a modification on Conditions 29 and 31 adding
the words "or other suitable easement approved by City Engineer," that a site
distance study for the driveway be required for the site, that citizens of Atascadero
have first opportunity to buy the housing for a 60 day period, and that there be a
deed disclosure that there is rural property to the north that allows animals and
also there is commercial property to the west that borders the property.
AYES: Commissioners Bentz, Jones, Porter and Kelley
NOES: Commissioners Beraud, O'Keefe and Chairperson Fonzi
ABSTAIN: None
Motion passed 4:3 by a roll -call vote.
Chairperson Fonzi polled the audience to determine how many were present for Items No. 5 and
6. Based on this polling there was Commission consensus to switch the order of these two
Items.
5. 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)
Community Development Director Warren Frace provided the staff report and answered
questions of the Commission.
PUBLIC COMMENT
Ken Wilson, applicant's representative, gave a brief background on the project and discussed the
plans for the site. He made the following requests: 1) that the fire road be build by others, 2) if
there is to be a fire road to return to the agreed upon 20 foot top to toe as opposed to the 28 foot
top to toe as requested by the City Engineer, and 3) would like the option to be able to do an
overhead power line through the trees to get to the road and then go underground. Mr. Wilson
answered questions of the Commission.
Tom Novak, 5740 Encino, stated he is concerned about the impact on Encino Road from the
heavy equipment and would like to have a condition placed on the project that would require the
applicant to repair the road before any of his homes can be sold. He questioned why the fire road
is being required and if it must be built, he asked that a barrier be installed.
MOTION: By Commissioner Jones and seconded by Commissioner O'Keefe to continue past
11:00 P.M.
AYES: Commissioners Jones, O'Keefe, Porter, Bentz, Beraud, Kelley and Chairperson
Fonzi
NOES: None
ABSTAIN: None
Motion passed 7.0 by a roll -call vote.
Cindy Sazer, Allemande Lane, stated that her property backs up to the proposed fire road. In
relation to the road she expressed concern with the number of tree removals it will require and
the impact that will have, the steepness of the grade for the road, and soil erosion. She is
particularly concerned with the creation of a through road and the traffic it will bring. Ms. Sazer
stated she is willing to remove three of her oak trees to provide a way to cut across her property
to go from Encino to Allemande in case of an emergency.
Kevin Ashley, 5575 Allemande, stated he is concerned with the removal of trees on his property
for the new road.
Donald Baxter, Encino Road, expressed the following concerns: 1) Narrowness of Encino Road,
2) water runoff from his property to the properties below, and 3) the road should be paved its
entire length.
Ty Christensen stated he is not opposed to the project but felt it is important to preserve the
beauty of the area without increasing traffic and to preserve the trees along the road. He is not in
favor of allowing through traffic, but feels fire department access is important.
Celia Bewley, 5530 Encino, asked if blue oak trees are to be removed and stated her concern
with areas designated as having "no impact" in the negative declaration.
Mark Bewley, 5530 Encino, disagreed with the assertion that turnarounds could not be built, as
there is one in place already. He is not in favor of making Encino a through street.
Esteban Andrade, Allemande Lane, invited the Commission to visit the area to better consider
the impacts this project will have on the neighborhood.
Mike Newsom, 5185 Atajo, was concerned with the number of boxes in the EIR that were
marked as having no impact. He shared his experience with the blue line creek flooding several
years ago and suggested the building sites for lots one and three be pushed up higher on the site.
Mr. Newsom also noted that the blue line creek is the habitat area for this location and is home to
deer, fox, snakes, salamanders, etc., all of which will be impacted by this development. He also
expressed concern for Chauplin Road and asked the City, if it is going to allow additional traffic
through this area, to adopt this road and bring it up to standard.
Elizabeth Romer, 5305 Portola, discussed her concern with the way the road starts from Atajo
and the potential for seasonal flooding.
Eric Greening stated he supports the concerns raised by other speakers and feels the Commission
does not have a valid Negative Declaration in front of them. He is concerned with the section on
biology and tree impacts particularly the future clearance of trees for fire protection.
Debra Bias, 5655 Encino Avenue, made the following points: 1) she is in favor of a paved fire
road if it is gated, 2) impacts to the value of her property if Encino is widened, 3) loss of security
if street becomes a throughway, 4) the danger of additional traffic on the intersection at Encino
and Santa Lucia.
Amy Briskeney, 5935 Encino Avenue, felt Encino Avenue needs turnarounds and is opposed to
the developers plan for mitigating the tree fund fee by preserving small portions of the area.
Sally Baxter, 5705 Encino Avenue, asked if the City will be maintaining the road the developer
is putting in on the Atajo side and if so, would they be willing to bring Encino up to standard and
maintain it.
Chairperson Fond closed the Public Comment period.
Commissioner Jones indicated that he would like to see this item go back to staff. He is
concerned with the fire road and removal of so many trees.
Commissioner Bentz stated he feels the residents have legitimate concerns with making Encino a
through street and if possible he would like the street to remain as is. He is in favor of sending
this item back to staff.
Commissioner O'Keefe felt if there were no fire road, there must be a turnaround and she would
like staff to explore the offer made by Ms. Sazar with regard to using her property as an
emergency exit. Additionally she feels there should be a biological assessment.
Vice Chairperson Kelley agreed with the Fire Chief that there should be something there to fight
fires but feels there should not be a through road on Encino. For this reason he would like to see
this item go back to staff to work out where the fire road can be put, reducing the width of the
road and saving more trees.
Commissioner O'Keefe suggested adding a condition that the road be put back into the condition
it was in prior to construction.
Commissioner Beraud felt the Negative Declaration needs further work. She would like the
Commission to reject the proposal that the segmented tree preservation zones be in lieu of the
fees. She also feels this item should be continued.
Commissioner Porter commented that the street must remain closed but with access for the Fire
Department.
MOTION: By Vice Chairperson Kelley and seconded by Commissioner Jones to send the
project back to City staff and that staff is to work in conjunction with the Fire
Department and the applicant regarding the fire access road, to get that worked
out as most of the Commission feels it should be there but not open to the public
for daily traffic, with no further EIR testing or biological testing, but rather to just
address the fire road issue and what the tree impact might be for the project.
Commissioner O'Keefe felt there does not need to be an EIR, but that there needs to be
additional information regarding the biological impacts, as the people who live there have raised
these concerns which they feel are serious but have been minimized in the negative declaration.
Commissioner Beraud stated she would be unable to support the motion unless it is modified or
the two issues are separated.
Commissioner Bentz called for the question.
AYES: Commissioners Jones, Bentz, Porter and Kelley
NOES: Commissioners Beraud, O'Keefe and Chairperson Fonzi
ABSTAIN: None
Motion passed 4:3 by a roll -call vote.
6. 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.
Phone: 805/550-5857
Project Title:
5516 Tunitas Avenue Colony House; Zone Change 2003-0045, Conditional Use Permit
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
Planning Services Manager Steve McHarris provided the staff report and answered questions of
the Commission.
PUBLIC COMMENT
Larry Thibeault, Beauwest LLC, thanked staff and stated it was his intent that the project should
appear as though it had always been there. Mr. Thibeault answered questions of the
Commission.
Marge Mackay stated she lives two doors away from this site and does not like the way this
project looks. She feels unit C does not look like Colony architecture and she is also concerned
about increased traffic.
Lisa Mifsid, 5550 Bajada, indicated that she has the closest Colony home to this project and is
concerned with the look of the long home proposed. She is concerned with increased traffic and
noise from the project.
Annette Carlin, Tunitas, asked if there was a way to put the entrance on the Rosario side because
of the amount of traffic on Tunitas.
Rob Brown, 5550 Bajada, would like to see this area preserved and feels that the site appears to
be tightly packed especially the area between the Colony home and the proposed long home. He
would like to see fewer units.
Chairperson Fonzi closed the Public Comment period.
Chairperson Fonzi asked staff and the applicant to respond to the concerns raised during the
Public Comment period.
Commissioner Jones stated he is pleased that this will not be another apartment project and he
likes the affordable unit offered. He is in favor of the project as designed.
Chairperson Fonzi agreed with Commissioner Jones. She referred to the design of unit C and
questioned whether the door could be placed at the front of the home.
MOTION: By Commissioner Jones and seconded by Commissioner O'Keefe to adopt
Resolution No. PC 2003-0075 recommending that the City Council certify
Proposed Mitigated Negative Declaration 2003-0034; and, 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, adopt
Resolution No. PC 2003-0077 recommending that the City Council approve the
Master Plan of Development (CUP 2003-0094) based on findings with the Colony
House parcel parking exception limiting one on site guest parking space and
accepting less than the 40% required landscape area due to an on site driveway
and garage location subject to Conditions of Approval and Mitigation Monitoring;
and, 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.
AYES: Commissioners Jones, O'Keefe, Beraud, Porter, Bentz, Kelley and Chairperson
Fonzi
NOES: None
ABSTAIN: None
Motion passed 7.0 by a roll -call vote.
COMMISSIONER COMMENTS & REPORTS
None
DIRECTOR'S REPORT
Director Frace referred to an application for Big Bubba's Barbecue to expand into Atascadero.
He asked for Commission direction on the proposed theme building. There was consensus to
have a formal Commission review of the proposed building design.
ADJOURNMENT
Chairperson Fonzi adjourned the meeting at 12:43 a.m. to the next regularly scheduled meeting
on October 7, 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 — Gordon R. Hensley, letter
\\Cityhall\CDvlpmnt\— PC Minutes\PC Minutes 03\PC Minutes. 09-16-03.gp.doc
ITEM NUMBER:
DATE: 10/07/03
Atascadero Planning Commission
Staff Report — Community Development Department
Tentative Tract Map 2002-0023 (Tract 2491)
8805 San Rafael Road (APNs 056-371-042 & 056-361-029)
Kelly Gearhart/Eagle Ranch, LLC/ Wilson Land Surveys
RECOMMENDATION(S):
The Planning Commission:
1. Adopt Resolution No. PC 2003-0096, certifying the proposed Mitigated Negative
Declaration 2003-0033.
2. Adopt Resolution No. PC 2003-0097 approving Tentative Tract Map 2002-0023
(Tract 2491), a request to subdivide three parcels totaling 16.47 acres into five
parcels of 3.05, 3.05, 2.80, 3.73, and 3.80 acres gross, based on findings and
subject to conditions.
9 A
A request to subdivide three existing lots of record to create a 5 lot, residential subdivision
with parcels of 2.80 to 3.80 acres, gross. The site is located on the north side of San
Rafael Road. The subdivision has been designed with "nonbuildable" areas to reduce
potential impacts to native trees and minimize grading on 30% or greater slopes.
SITUATION AND FACTS:
1. Applicant/Owner: Eagle Ranch, LLC/Kelly Gearheart, 6205 Alcantara
Avenue, Atascadero, California 93422
(805) 461-7505
2. Representative: Wilson Land Surveys, 7400 Morro Road, Atascadero,
California 93422
(805) 466-2445
ITEM NUMBER:
DATE: 10/07/03
3. Project Address: 8805 San Rafael Road, Atascadero, California 93422
4. General Plan Designation: RE (Rural Estate)
5. Zoning District: RS (Residential Suburban with a minimum lot size of
2.78 to 3.034 acres gross)
6. Site Area: 16.47 acres, gross
7. Existing Use: Vacant
8. Environmental Status: Proposed Negative Declaration posted September 12,
2003.
DISCUSSION:
Background: The site consists of three existing parcels and is moderately to steeply
sloped with oak trees on the higher elevations. It is located on the north side of San Rafael
Road, east of the intersection of Los Osos Road and San Rafael Road.
Fsan Gabriel
San Rafael
r
Project Site
ti
Los Osos Road
ITEM NUMBER:
DATE: 10/07/03
The surrounding parcels are generally developed with single-family residences on 3 to 5
acre lots. The parcels to the south are within the County's unincorporated area.
Analysis: Minimum lot size for residential suburban parcels is based on performance
standards, which include distance from the community center, percolation rates, slopes,
access and average size of surrounding lots. When these factors were computed for the
project site, minimum lot size was calculated to be between 2.784 and 3.034 acres, gross
(see attachment 2).
Based on the minimum lot size standards, the applicant is requesting a 5 -lot subdivision
with proposed lot sizes as follows:
Lot 1 —
3.05
Lot 2 —
3.05
Lot 3 —
2.80
Lot 4 —
3.78
Lot 5 —
3.80
Lots 1, 2, and 3 would have driveway access off of San Rafael Road. Lot 4 is proposed as
a flag lot from San Rafael Road and Lot 5's access would be along the flag portion of Lot 4
with an easement to Lot 5.
Environmental Review: The Initial Study concludes that there will be no significant harm to
the environment as a result of this subdivision. A proposed Mitigated Negative
Declaration is included in draft Planning Commission Resolution 2003-0096.
Public Improvements: Project development will include the construction of San Rafael
Road to City standards, from approximately the Los Osos/San Rafael intersection across
the entire property frontage.
Flag Lots: Consistent with the Subdivision Ordinance, the proposed flag lot has been
conditioned to provide a 24 foot wide accessway with 20 feet of pavement. Section 11-
6.26 of the Municipal Code requires that the lot farthest from the street own the "flag" or
accessway in fee. Other lots using the accessway are to have easements, unless
otherwise approved by the advisory agency (i.e., Planning Commission). Based on
topographical considerations, the subdivision has been designed so that Lot 4 will own the
accessway, and Lot 5 will have an access and utility easement over the accessway and
across Lot 4.
9
ITEM NUMBER:
DATE:
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Proposed Tentative Map for Tract 2491
10/07/03
Easement Area
for Parcel 5
1 30' Flag Area I
ITEM NUMBER:
DATE: 10/07/03
Subdivision Design: The proposed project has been presented with conceptual building
and grading footprints. However, actual design of the project site has not been completed.
In order to minimize potential impacts to native trees and grading on slopes of 30% or
greater, the applicant has identified "nonbuildable" areas on the proposed lots (see
attachment 3). This method of establishing "building envelopes" allows for flexibility in
actual site development and addresses potential impacts to natural resources and
potential geological constraints. An additional, informational map sheet will be recorded
with the final map that will notify potential buyers of the new lots that all project development
must be sited outside the nonbuildable areas.
Conclusion:
As conditioned, the subdivision is consistent with the General Plan and Zoning Ordinance.
The parcel configurations are consistent with the Subdivision Ordinance requirements and
the size and shape of the proposed lots are consistent with the character of the immediate
neighborhood. Staff recommends the Planning Commission approve the tentative tract
map as proposed.
FISCAL IMPACT:
The project would likely have a slight negative impact on City revenues. As a general rule,
single-family dwellings require services that exceed the revenue generated by the
proposed uses.
ALTERNATIVES:
1. The Commission may approve the subdivision subject to additional or revised project
conditions. The Commission's motion to approve needs to include any new or revised
project conditions.
2. The Commission may deny the subdivision if it is found to be inconsistent with the
General Plan or any of the other required findings. The Commission's motion to deny
must include a finding basis for denial.
3. The Commission may continue the hearing and refer the item back to staff for
additional information or analysis. Direction should be given to staff and the applicant
on required information.
ATTACHMENTS:
Attachment 1
Location Map (General Plan & Zoning)
Attachment 2
Minimum Lot Size Calculations
Attachment 3
Subdivision Design Site Plan
Attachment 4
Draft Resolution 2003-0097
ITEM NUMBER:
DATE: 10/07/03
ATTACHMENT 1: Location Map (General Plan and Zoning)
TTM 2002-0023
San Rafael Road, east of Los Osos Road
ITEM NUMBER:
DATE: 10/07/03
ATTACHMENT 2: Minimum Lot Size Calculation Form
TTM 2002-0023 (Tract 2491)
San Rafael Road, east of Los Osos Road
Lot Size Lot 1
Distance from Center of
Community 10-12,000 =.30 10-12,000 0.3
Septic Suitability (perk rate 40-59 min/inch= 1.00 40-59 1
Average Sloe 11-20% =.75 20% 0.75
Access Condition City accepted road =.40 0.4
Average Lot Size Within 1500
Feet acres 2.92 0.58
Minimum
Lot Size= 3.034
Lot Size Lot 2
Distance from Center of
Community 10-12,000 =.30 10-12,000 0.3
Septic Suitability (perk rate 40-59 min/inch= 1.00 40-59 1
Average Slope 11-20% =.75 14% 0.75
Access Condition City accepted road =.40 0.4
Average Lot Size Within 1500
Feet acres 2.92 0.58
Minimum
Lot Size= 3.034
Lot Size Lot 3
Distance from Center of
Community 10-12,000 =.30 10-12,000 0.3
Septic Suitability (perk rate 40-59 min/inch= 1.00 40-59 1
Average Slope 0-10%=.5 10% 0.5
Access Condition ICitv accented road =.40 0.4
verage Lot Size Within 1500
Det acres 2.92 0.58
Minimum
Lot Size= 2.784
of Size
istance from Center of
ommunit 10-12,000 =.30 10-12,000 0.3
>20 min/inch=.50, 20-39 min/inch=.75, 40-59
tic Suitability (perk rate min/inch= 1.00, > 60 min/inch= 1.50 40-59 1
verage Sloa 11-20%=.75 15% 0.75
ccess Condition City accepted road =.40 0.4
verage Lot Size Within 1500
Minimum
Lot Size= 3.034
of Size Lot 5
istance from Center of
ommunit 10-12,000 =.30 10-12,000 0.3
D tic Suitability (perk rate 40-59 min/inch= 1.00 40-59 1
verage Sloe 11-20% _ .75 18% 0.75
ccess Condition City accepted road =.40 0.4
verage Lot Size Within 1500
Minimum
Lot Size= 1 3.03
ITEM NUMBER:
DATE: 10/07/03
ATTACHMENT 3: Subdivision Design Site Plan
TTM 2002-0023
San Rafael Road, east of Los Osos Road
R
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ITEM NUMBER:
DATE: 10/07/03
ATTACHMENT 4: Draft Resolution PC 2003-0097
Mitigated Negative Declaration for TTM 2002-0023 (Tract 2491)
San Rafael Road, east of Los Osos Road
DRAFT RESOLUTION NO. PC 2003-0097
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO
APPROVING TENTATIVE TRACT MAP 2002-0023 TO DIVIDE THREE RESIDENTIAL
LOTS INTO FIVE RESIDENTIAL LOTS ON THE NORTH SIDE OF SAN RAFAEL
ROAD, EAST OF LOS OSOS ROAD
(APN 056-361-029 & 056-371-042)
(EAGLE RANCH, LLC/KELLY GEARHART)
WHEREAS, Kelly Gearhart, 6205 Alcantara Avenue, Atascadero, California 93422
(Applicant) and Eagle Ranch, LLC, P.O. Box 25010, Ventura, California (Property Owner) applied
for a Tentative Tract Map to subdivide three lots totaling 16.47 acres into five parcels of 3.05, 3.05,
2.80, 3.78 and 3.80 acres, gross each; and,
WHEREAS, the proposed project has a General Plan Designation of Rural Estate (RE) and is
in conformance with the Land Use Element of the General Plan and all other applicable General Plan
policies; and,
WHEREAS, the site is located in the Residential Suburban (RS) zoning district with a minimum
lot size ranging from 2.784 to 3.034 acres, gross, which allows for the proposed use and density when
certain findings are made; and,
WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2003-0033 were
prepared for the project and made available for public review in accordance with the requirements of
the California Environmental Quality Act (CEQA); and,
WHEREAS, the Planning Commission held a duly noticed public hearing to consider the
proposed Mitigated Negative Declaration and Tentative Tract Map application on October 7, 2003 at
7:00 p.m. and considered testimony and reports from staff, the applicants, and the public.
NOW, THEREFORE, the Planning Commission takes the following actions:
SECTION 1. Certification of Negative Declaration. The Planning Commission of the
City of Atascadero, hereby certifies Mitigated Negative Declaration 2003-0033 based on the following
findings:
follows:
ITEM NUMBER:
DATE: 10/07/03
1. 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,
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 that are individually limited, but cumulatively
considerable.
6. The project will not cause substantial adverse effects on human beings either directly or
indirectly.
SECTION 2. Findings for approval of subdivision. The Planning Commission finds as
1. The proposed subdivision, as conditioned, is consistent with the General Plan and
applicable zoning requirements.
2. The design and improvement of the proposed subdivision is consistent with the General
Plan and applicable zoning requirements.
3. The site is physically suitable for the type of development proposed.
4. The site is physically suitable for the density of development proposed.
5. The design and improvement of the proposed subdivision will not cause substantial
environmental damage or substantially and unavoidably injure fish and wildlife or their
habitat.
6. The subdivision is consistent with the character of the immediate neighborhood.
7. The design of the subdivision will not conflict with easements acquired by the public at
large for access through, or the use of property within, the proposed subdivision; or
substantially equivalent alternative easements are provided.
ITEM NUMBER:
DATE: 10/07/03
8. The proposed subdivision design and type of improvements proposed will not cause
serious public health problems.
9. The proposed subdivision will be accomplished without detriment to the adjacent
properties.
10. The proposed accessway improvements meet the intent of the subdivision ordinance
and based on topographical issues, Lot 4 will own the accessway and Lot 5 will be
provided with an access and utility easement.
SECTION 3. Approval. The Planning Commission does hereby approve Tentative Tract
Map 2002-0023 (Tract 2491) to subdivide three parcels totaling 16.47 acres into five parcels of 3.05,
3.05, 2.80, 3.78 and 3.80 acres each, subject to the following Conditions and Exhibits:
EXHIBIT A: Mitigated Negative Declaration
EXHIBIT B: Conditions of Approval
EXHIBIT C: Tentative Tract Map 2002-0023
EXHIBIT D: Tentative Tract Map 2002-0023 Site Plan
On motion by Commissioner and seconded by Commissioner
the foregoing resolution is hereby adopted in its entirety by the following roll call
vote:
AYES: ( )
NOES: ( )
ABSENT: ( )
1-\0Z830tla�3i
Y117_ V�-�W
CITY OF ATASCADERO, CA
Roberta. Fonzi, Planning Commission Chairperson
ATTEST:
ITEM NUMBER:
DATE: 10/07/03
Warren Frace
Planning Commission Secretary
ITEM NUMBER:
DATE: 10/07/03
EXHIBIT A: Proposed Mitigated Negative Declaration
Draft Resolution PC 2003-0097
TTM 2002-0023
ITEM NUMBER:
DATE: 10/07/03
EXHIBIT B: Conditions of Approval
Draft Resolution PC 2003-0097
TTM 2002-0023
Conditions of Approval / Mitigation Monitoring
Timing
Responsibility
Mitigation
Program
/Monitoring
Measure
PM: Parcel Map
TTM 2002-0023 (Tract 2491)
GP: Grading Prmt
PS: Planning Services
BP: Building Prmt
BS: Building Services
North side of San Rafael, east of Los Osos Road
TO: Temporary
FD: Fire Department
Occupancy
PD: Police Department
F0: Final
CE: City Engineer
Occupancy
WW: Wastewater
PI: Public
CA: City Attorney
Improvements
AMWC: Atascadero
Mutual Water Company
Planning Services
Standard Planning Conditions
1. The approval of this application shall become final, subject
Ongoing
PS
to the completion of the conditions of approval, fourteen
(14) days following the Planning Commission approval
unless prior to that time, an appeal to the decision is filed
as set forth in Section 9-1.111(b) of the Zoning Ordinance.
2. Approval of this Tentative Tract Map shall be valid for two
FM
PS
years after its effective date. At the end of the period, the
approval shall expire and become null and void unless an
extension of time is granted pursuant to a written request
received prior to the expiration date, or a final map is
recorded with the County Recorder's Office.
3. The Community Development Department shall have the
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PS
authority to approve minor changes to the project that (1)
result in a superior site design or appearance, and/or (2)
address a construction design issue that is not substantive
to the Tentative Tract Map.
4. A tract map drawn in substantial conformance with the
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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.
5. The subdivider shall defend, indemnify, and hold harmless
Ongoing
CA
the City of Atascadero or its agents, officers, and
employees against any claim or action brought to
challenge an approval by the City, or any of its entities,
concerning the subdivision.
ITEM NUMBER:
DATE: 10/07/03
Conditions of Approval / Mitigation Monitoring
Timing
Responsibility
Mitigation
Program
/Monitoring
Measure
PM: Parcel Map
TTM 2002-0023 (Tract 2491)
GP: Grading Prmt
PS: Planning Services
BP: Building Prmt
BS: Building Services
North side of San Rafael, east of Los Osos Road
TO: Temporary
FD: Fire Department
Occupancy
PD: Police Department
F0: Final
CE: City Engineer
Occupancy
WW: Wastewater
PI: Public
CA: City Attorney
Improvements
AMWC: Atascadero
Mutual Water Company
6. The final map shall be subject to additional fees for park or
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PS
recreation purposes (QUIMBY Act) as required by City
Ordinance.
Project Specific Conditions
7. In conjunction with recordation of the final map, the
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applicant shall record an additional map sheet which
identifies the nonbuildable areas and conceputally locates
the building pads, leach fields and driveways. The actual
building areas may deviate from those shown on the
additional map sheet, but they shall not be located in any
area noted as "nonbuildable."
Engineering Standard Conditions
8. In the event that the applicant is allowed to bond for any
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public improvements required as a condition of this map,
the applicant shall enter into a Subdivision Improvement
Agreement with the City Council.
9. An engineer's estimate of probable cost shall be submitted
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for review and approval by the City Engineer to determine
the amount of the bond.
10. The Subdivision Improvement Agreement shall record
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concurrently with the Final Map.
11. The applicant shall enter into a Plan Check/Inspection
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agreement with the City.
12. A six (6) foot Public Utility Easement (PUE) shall be
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provided contiguous to San Rafael Road property frontage.
13. The applicant shall acquire title interest in any off-site land
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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
ITEM NUMBER:
DATE: 10/07/03
Conditions of Approval / Mitigation Monitoring
Timing
Responsibility
Mitigation
Program
/Monitoring
Measure
PM: Parcel Map
TTM 2002-0023 (Tract 2491)
GP: Grading Prmt
PS: Planning Services
BP: Building Prmt
BS: Building Services
North side of San Rafael, east of Los Osos Road
TO: Temporary
FD: Fire Department
Occupancy
PD: Police Department
F0: Final
CE: City Engineer
Occupancy
WW: Wastewater
PI: Public
CA: City Attorney
Improvements
AMWC: Atascadero
Mutual Water Company
improvements.
14. Slope easements shall be obtained by the applicant as
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needed to accommodate cut or fill slopes.
15. Drainage easements shall be obtained by the applicant as
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needed to accommodate both public and private drainage
facilities. The applicant shall address stormwater
detention prior to grading and drainage approval.
16. A preliminary subdivision guarantee shall be submitted for
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review in conjunction with the processing of the parcel
map.
17. The final map shall be signed by the City Engineer prior to
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the map being placed on the agenda for City Council
acceptance.
18. Prior to recording the final map, the applicant shall pay all
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outstanding plan check/inspection fees.
19. Prior to recording the final map, the applicant shall
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complete all improvements required by these conditions of
approval.
20. Prior to recording the final map, the applicant's surveyor
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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.
21. Prior to recording the tract map, the applicant shall submit
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CE
a map drawn in substantial conformance with the approved
tentative map and in compliance with all conditions set
forth herein. The map shall be submitted for review and
approval by the City in accordance with the Subdivision
Map Act and the City's Subdivision Ordinance.
22. All existing and proposed utility, pipeline, open space, or
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CE
ITEM NUMBER:
DATE: 10/07/03
Conditions of Approval / Mitigation Monitoring
Timing
Responsibility
Mitigation
Program
/Monitoring
Measure
PM: Parcel Map
TTM 2002-0023 (Tract 2491)
GP: Grading Prmt
PS: Planning Services
BP: Building Prmt
BS: Building Services
North side of San Rafael, east of Los Osos Road
TO: Temporary
FD: Fire Department
Occupancy
PD: Police Department
F0: Final
CE: City Engineer
Occupancy
WW: Wastewater
PI: Public
CA: City Attorney
Improvements
AMWC: Atascadero
Mutual Water Company
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. The applicant shall
show all access restrictions on the final map.
23. Prior to recording the final map, the applicant shall have
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CE
the map reviewed by all applicable public and private utility
companies (cable, telephone, gas, electric, Atascadero
Mutual Water Company). The applicant shall obtain a
letter from each utility company indicating their review of
the map. The letter shall identify any new easements that
may be required by the utility company. A copy of the
letter shall be submitted to the City. New easements shall
be shown on the final map.
24. All public improvements shall be constructed in
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conformance with the City of Atascadero Engineering
Department Standard Specifications and Drawings or as
directed by the City Engineer.
25. The applicant shall be responsible for the relocation and/or
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alteration of existing utilities.
26. The applicant shall install all new utilities (water, gas,
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CE
electric, cable TV and telephone) underground. Utilities
shall be extended to the property line frontage of each lot
or its public utility easement.
27. Prior to the final inspection of any public improvements, the
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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.
28. The applicant shall monument all property corners for
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construction control and shall promptly replace them if
disturbed.
Engineering Project Specific Conditions
29. An ingress, egress and utility easement, benefiting Lot 5,
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CE
ITEM NUMBER:
DATE: 10/07/03
Conditions of Approval / Mitigation Monitoring
Timing
Responsibility
Mitigation
Program
/Monitoring
Measure
PM: Parcel Map
TTM 2002-0023 (Tract 2491)
GP: Grading Prmt
PS: Planning Services
BP: Building Prmt
BS: Building Services
North side of San Rafael, east of Los Osos Road
TO: Temporary
FD: Fire Department
Occupancy
PD: Police Department
F0: Final
CE: City Engineer
Occupancy
WW: Wastewater
PI: Public
CA: City Attorney
Improvements
AMWC: Atascadero
Mutual Water Company
shall be shown along the Lot 4 accessway and shall be
shown on the final map.
30. The accessway for Lot 4 shall be constructed in
FO
BS
accordance with the City's Subdivision Ordinance and shall
have a minimum paved width of 20 feet.
31. A road maintenance agreement shall be prepared for
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maintenance of the accessway to Lot 4. Prior to
recordation, the agreement shall be reviewed by the City
Engineer and City Attorney.
32. Construction of San Rafael Road to City Standard 401,
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across the entire property frontage and extending westerly
to connect with the previously constructed portion of San
Rafael Road will be required prior to recordation of the final
map. Complete public improvement plans shall be
submitted to the Public Works Department for review and
approval prior to issuance of building permits.
Building /Fire Marshal:
1. Interior fire sprinklers will be required whenever the grade of
GP
FD/PS/BS
accessways exceeds 16%.
2. All roads, accessways and driveways shall be built to Fire
GP
FD/PS/BS
Department standards, including turnouts and/or
turnarounds, as required.
3. All residential structures shall be within 800 feet of a fire
GP
FD/PS/BS
hydrant as measured along the road and driveways.
Water Company:
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AMWC
1. Prior to recordation of the Final Map, the applicant shall
submit plans for review and approval by AMWC for all
existing and proposed water distribution facilities that
provide water service to the proposed lots. All new water
distribution facilities shall be constructed in conformance
with the Atascadero Mutual Water Company standards.
ITEM NUMBER:
DATE: 10/07/03
Conditions of Approval / Mitigation Monitoring
Timing
Responsibility
Mitigation
Program
/Monitoring
Measure
PM: Parcel Map
TTM 2002-0023 (Tract 2491)
GP: Grading Prmt
PS: Planning Services
BP: Building Prmt
BS: Building Services
North side of San Rafael, east of Los Osos Road
TO: Temporary
FD: Fire Department
Occupancy
PD: Police Department
F0: Final
CE: City Engineer
Occupancy
WW: Wastewater
PI: Public
CA: City Attorney
Improvements
AMWC: Atascadero
Mutual Water Company
2. Prior to the issuance of building permits, the applicant
shall obtain a "Will Serve" letter from the Atascadero
Mutual Water Company for the newly created Lots.
3. Prior to the start of construction, the applicant shall pay all
installation and connection fees required by the
Atascadero Mutual Water Company.
4. Private easements may be needed for the private water
service lines that serve parcels which do not front on San
Rafael Road.
5. There is a current recovery fee agreement in effect for the
water main extension completed on this section of San
Rafael Road. Recovery fees would be due, in addition to
the standard installation and connection fees, for all lots of
this subdivision.
MITIGATION MEASURES
Mitigation Measure 3.b.1: The project is conditioned to
BS
BS/PS
3.b.1
comply with all applicable District regulations pertaining to the
control of fugitive dust (PM -10) as contained in sections 6.3,
6.4 and 6.5 of the April 2003 Air Quality Handbook.
Section 6.3: Construction Equipment
• 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
ITEM NUMBER:
DATE: 10/07/03
Conditions of Approval / Mitigation Monitoring
Program
TTM 2002-0023 (Tract 2491)
North side of San Rafael, east of Los Osos Road
Timing
PM: Parcel Map
GP: Grading Prmt
BP: Building Prmt
TO: Temporary
Occupancy
F0: Final
Occupancy
PI: Public
Improvements
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Atascadero
Mutual Water Company
Mitigation
Measure
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 planned to be
reworked at dates greater than one month after initial
grading should be sown with a fast -germinating
native grass seed and watered until vegetation is
established.
ITEM NUMBER:
DATE: 10/07/03
Conditions of Approval / Mitigation Monitoring
Program
TTM 2002-0023 (Tract 2491)
North side of San Rafael, east of Los Osos Road
Timing
PM: Parcel Map
GP: Grading Prmt
BP: Building Prmt
TO: Temporary
Occupancy
F0: Final
Occupancy
PI: Public
Improvements
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Atascadero
Mutual Water Company
Mitigation
Measure
F. All disturbed soil areas not subject to revegatation
should be stabilized using approved chemical soil
binder, jute netting, or other methods approved in
advance by the APCD.
BP
PS
4.e.2
G. All roadways, driveways, sidewalks, etc, to be paved
should be complete as soon as possible. In
addition, building pads should be laid as soon as
possible after grading unless seeding or soil binders
are used.
H. Vehicle speed for all construction vehicles shall not
exceed 15 mph on any unpaved surface at the
construction site.
I. All trucks hauling dirt, sand, soil, or other loose
materials are to be covered or should maintain at
least two feet of freeboard (minimum vertical distance
between top of load and top of trailer) in accordance
with CVC Section 23114.
J. Install wheel washers where vehicles enter and exit
unpaved roads onto streets, or was off trucks and
equipment leaving the site.
K. Sweep streets at the end of each day if visible soil
material is carried onto adjacent paved roads. Water
sweepers with reclaimed water should be used
where feasible.
L. The contractor or builder shall designate a person or
persons to monitor the dust control program and to
order increased watering, as necessary, to prevent
transport of dust off site. The name and telephone
number of such persons shall be provided to the
APCD prior to land use clearance for map recordation
and land use clearance for finish grading of any
structure.
Mitigation Measure 4.e.1 : The building permit site plan shall identify all
BP
PS
4.e.1
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 Precise Grading Plan shall identify tree
BP
PS
4.e.2
protection fencing around the dripline of each existing on-site tree
and/or native shrub mass within 20 feet of construction activity.
ITEM NUMBER:
DATE: 10/07/03
Mitigation Measure 4.e.3: Grading and excavation and grading work
BP
PS
4.e.3
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.4: An arborist's report shall be required prior to
BP
PS
4.e.4
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.5: The developer shall contract with a certified
FO
BS/PS
4.e.5
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
ITEM NUMBER:
DATE: 10/07/03
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 EI Monte Rd 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 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.
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.
Asign 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:
DATE: 10/07/03
EXHIBIT C: Tentative Parcel Map
Draft Resolution PC 2003-0097
TTM 2002-0023
ment area for Lot 5
ag Portion of Lot 4
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Parcel 1
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3.05 Acres Gross
_____ --- __ __----_--
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zVIC-_ -
ment area for Lot 5
ag Portion of Lot 4
ITEM NUMBER:
DATE: 10/07/03
EXHIBIT D: Subdivision Design Site Plan
Draft Resolution PC 2003-0097
TTM 2002-0023
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Road\TTM 2002-0023 PC Staff Report.km.doc
Planning
Public Hearing
SUBJECT:
Commission Staff Report
Hotel Park Amendment
Conditional Use Permit 2003-0100
(5855 Capistrano Ave. / Hotel Park Group)
ITEM NUMBER: 11
DATE: 10-07-03
The proposed project is an application for a Condition Use Permit (CUP 2003-0100) to
amend the master site plan established for the Hotel Park office development in 1987. The
proposed amendment is a request to modify the architecture of the phase 2 building and
combines three structures into one. The project, as proposed, does not include any
alterations to the site circulation set forth in the original master site plan. The project will
require the removal of one native oak tree.
RECOMMENDATION:
Staff Recommends:
The Planning Commission refer the item back to staff with direction to the applicant to revise
the proposed project to conform to the design standards set forth in the Downtown
Revitalization Plan.
SITUATION AND FACTS:
1. Applicant: Hotel Park Group, PO Box 1980, Atascadero, CA
93423, (805) 466-6644
2. Representative: Frank Henderson, 948 Patria Circle, Atascadero, CA 93422
(805) 466-5874
3. Project Address: 5855 Capistrano Ave., Atascadero, CA
APN 029-363-044
4. General Plan Designation: D (Downtown)
5. Zoning District: DO (Downtown Office)
6. Site Area: 1.9 acres
7. Existing Use: Vacant
8. Environmental Status: The proposed project is within the scope of the improvements
included within the original Master Plan of Development PPN
30-87 and included within the original initial study for the
project. No new impacts are associated with the modified
building designs.
DISCUSSION:
Analysis of Planning Issues
1. Project Summary
The proposed project consists of an amendment to the master site plan for Hotel Park, located
at 5855 Capistrano Ave. The proposed modifications relate to the Architecture of the
buildings included in Phase II of the master development scheme. No modifications to the
site circulation, as shown on the 1987 approved master site plan, are included with this
application, with the exception of the removal of one native oak tree as discussed below.
Multi Family Multi_
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Hotel
Park
tlti Family
2. Background
Surrounding Land Uses and
Setting:
North:
Multi family residential
South:
Downtown Commercial —
Century Plaza
East:
Highway 41 east
West:
Atascadero
Creek/Downtown
Commercial
On September 14, 1987, a precise plan application for the construction and master site plan
for a 69,696 square foot office/retail project was approved by the Community Development
Department. The master site plan specified four phases for the overall construction of the
project. Grading for all phases was approved to be completed with the issuance of phase I
building permits. Phase I included five office buildings which were constructed between
1989 and 2000. To date, only phase I of the master site plan has been completed.
\\Cityhall\CDvlpmnt\- CUP- Conditional Use Permits\CUP 03\CUP 2003-0100 5855 Capistrano Hotel Park Amend\CUP 2003-0100. PC-
SR.kg.doc
The original approval for Phase II included three office buildings of the same design as phase
I. The applicant is requesting modifications to the architecture of the proposed office
buildings, which includes a redesign of the exterior fagade and the enclosure of connecting
breezeways to form one single building structure.
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The original approval for Phase II included three office buildings of the same design as phase
I. The applicant is requesting modifications to the architecture of the proposed office
buildings, which includes a redesign of the exterior fagade and the enclosure of connecting
breezeways to form one single building structure.
3. Design and Appearance
The Conditional Use Permit includes a review of site design and building appearance,
including landscaping and architecture. The proposed modification to the appearance and
architecture of Phase II buildings includes an adjustment to the overall building footprint and
a redesign of the building facade.
The original building design included three separate office buildings connected with open
stairwells. Each building totaled 6,082 square feet in size with upper and lower office suites.
The applicant is proposing to consolidate the originally approved detached buildings into one
16 -suite office building with three enclosed stairways. As proposed, the building footprint
has been extended an additional 5 feet to the north of the building. To avoid on-site parking
and circulation problems discussed in section 4 of this report, staff is recommending that the
5 -foot setback be maintained (Condition 11). The proposed building will total 20,707 square
feet gross.
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SITE PLAN
Phase II
Architecture
The proposed building is a large box mass with minor fagade articulation. The building has a
mixture of different architectural styles; Mediterranean roof and stucco, classical columns,
coined corners, and colonial style windows. Furthermore, the scale of the windows does not
relate in proportion to the scale of the building. The central building entrance incorporates a
two-story transparent glass fagade. As proposed, the roof will be clay barrel tile with 2 -foot
soffited overhangs and a low 5:12 pitch. A 3 -foot high scored plaster base is proposed on all
building facades. Two-story column elements are proposed in intervals along the front and
rear building faces. French doors and iron grille work have been included on the east and
west elevations.
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Building Colors and Materials
The applicant is proposing a neutral color pallet of warm and cool grays. The main building
face will be smooth plaster finish with two distinct shades of gray separated by horizontal
banding abutting the second floor windows. Shallow relief pilasters have been located along
the front and rear fagade and extend the full height of the proposed building.
Downtown Design Guidelines
The proposed project is located within the Downtown area, as designated in the General Plan.
The City has adopted architectural design and site development standards, listed in the design
guidelines section of the Downtown Revitalization Plan, to create a pedestrian scaled
environment throughout the civic core (Attachment 3). The intent of the design guidelines is
to 1) assist in the revitalization of downtown Atascadero and 2) provide for infill commercial
development of high architectural quality that is compatible with existing attractive
buildings.
04 EF14
Fa(;ade example with downtown Iguidelines• •
The Downtown Design Guidelines call for accentuated facade details and high quality
architectural design including the use of contrasting textures and materials and pedestrian
scaled building features. Specifically, section II of the guidelines discourages large unbroken
facade surfaces, supporting a human scaled storefront design approach. The guidelines set
forth recommended design solutions to allow larger buildings to fit within the downtown
vision, including accentuated vertical and horizontal breaks along lengthened building
facades and the incorporation of elements such as balconies, pilasters, awnings, and canopies.
Project Signage
No signage has been proposed as part of this application. Staff is recommending a sign
master sign plan be prepared the project to ensure that all building signage is compatible with
existing tenant signage design and location (Condition 13).
4. Site Circulation / Parking
Project circulation will be provided as shown on the Hotel Park master site plan. Phase II will
include one additional site access point joining the existing Bank of America Parking lot to
the project site. 100 additional parking spaces will be provided as specified by the master site
plan for Phase II development.
The original master site plan shows a curb to building setback at the north side of the
building of approximately 5 feet, allowing for parked vehicles to overhang beyond the curb
and allowing for pedestrian passage at the side of the building. The proposed stairway
enclosure and reconfiguration of the building footprint eliminates this setback between
parking curb and building. In addition, due to changes in elevation over the length of the
proposed building, grading for a raised pad will necessitate a 4 -foot high retaining wall along
the front and side fagades. Staff is recommending that the --foot setback be maintained to
allow for site vehicular and pedestrian site access as previously approved and that the limits
of the graded pad be maintained within the required setback (Condition 11).
5. Tree Removal
The applicant is requesting the removal of one native oak tree, identified as a heritage oak by
the Planning Commission during the initial site approval in 1987. The subject oak tree, in
addition to all other existing on-site oak trees, is identified as a State recognized historic
granary tree. The project arborist has determined that the oak tree proposed for removal is in
declining health and will present a hazard once Phase II is constructed. The master site plan
incorporates a planter for the existing oak tree. Staff is therefore recommending that the
removal be mitigated for with the planting of a 36" box oak of like species.
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
#1 as appropriate for the application request.
1) The tree is dead, diseased or injured beyond reclamation, as certified by a tree
condition report from an Arborist;
2) The tree is crowded by other healthier native trees, thinning (removal) would
promote healthier growth in the trees to remain, as certified by a tree condition
report from an Arborist;
3) The tree is interfering with existing utilities and/or structures, as certified by a
report from the Site Planner;
4) The tree is inhibiting sunlight needed for existing and/or proposed active or
passive solar heating or cooling, as certified by a report from the Site Planner;
S) The tree is obstructing proposed improvements that cannot be reasonably designed to
avoid the need for tree removal, as certified by a report from the Site Planner and
determined by the Community Development Department based on the following factors:
9 Early consultation with the City;
• Consideration of practical design alternatives;
• Provision of cost comparisons (from applicant) for practical design alternatives;
• If saving tree eliminates all reasonable uses of the property; or
• If saving the tree requires the removal of more desirable trees.
6. Conditional Use Permit
The project is consistent with the existing General Plan land use and the zoning district. 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 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 use is consistent with the General Plan.
Staff Comment: The proposed project is inconsistent with appearance review
requirements set forth in the General Plan.
2. The proposed use satisfies all applicable provisions of the Zoning Ordinance.
Staff Comment: As conditioned, the project satisfies all zoning code provisions.
3. The establishment, and subsequent operation or conduct of the use will not, because of
the circumstances and conditions applied in this particular case, be detrimental to the
health, safety or welfare of the general public or persons residing or working in the
neighborhood of the use, or be detrimental of injurious to the property or improvements
in the vicinity and the use.
Staff Comment: The proposed commercial building will not be detrimental to the general
public or working persons health, safety, or welfare.
4. The proposed use will not be inconsistent with the character of the immediate
neighborhood or contrary to its orderly development.
Staff Comment: As proposed, the project is inconsistent with the downtown
revitalization plan and design guidelines due to the scale and bulk of the structure.
5. The proposed use will not generate a volume of traffic beyond the safe capacity of all
roads providing access to the project, either existing or to be improved in conjunction
with the project, or beyond the normal traffic volume of the surrounding neighborhood
that would result from full development in accordance with the Land Use Element.
Staff Comment: The proposed building and use are consistent with the traffic projections
and road improvements anticipated within the General Plan.
Based on staff's analysis in the preceding sections, it does not appear that all of the required
findings for the granting of a Conditional Use Permit can be made.
7. General Plan Consistency
The proposed use is consistent with the General Plan Land Use Element designation of the
site as a 20,707 square foot office building compatible with the Hotel Park master site plan as
approved in 1987. The architecture and character of the proposed structure is inconsistent
with the guidelines set forth in the Downtown Revitalization Plan.
8. Proposed Environmental Determination
Environmental impacts for Phase II of the Hotel Park development were assessed during the
1987 project review. All mitigation measures applicable to Phase II of the master site plan
will be included in this application.
CONCLUSION:
The General Plan and Downtown Revitalization Plan call for pedestrian scaled design within
the downtown area. Specifically, guidelines set forth in the Downtown Revitalization Plan
call for strong pedestrian connections to the Hotel Park office park development from retail
and supporting uses within the extended downtown area. The master site plan approved in
1987 allows for pedestrian pathways throughout all phases of development. Subsequent
phases include additional offices and a restaurant facility.
The applicant's proposal for a redesign of Phase II architecture includes a monumental
building which includes classical design elements designed to accentuate a grand scale. The
City's downtown design guidelines call for a more pedestrian scaled architecture with
accentuated fagade features. Staff believes that the project, as presented, is inconsistent with
the design intent set forth in the Downtown Revitalization Plan.
ALTERNATIVES:
1. The Planning commission can approve the project
2. The Commission may make modifications to the project and/or conditions of
approval for the project.
3. The Commission may deny the conditional use permit. The Commission is required
to specify the reasons for denial of the project and make an associated finding with
such action.
PREPARED BY: Kelly Gleason, Associate Planner
ATTACHMENTS:
1. Attachment 1: General Plan, Zoning and Location Map
2. Attachment 2: Master Site Plan for Hotel Park: 1987
3. Attachment 3: Downtown Revitalization Plan Appendix A: Downtown Design
Guidelines
4. Attachment 4: Draft Resolution of Approval
ATTACHMENT 1: GENERAL PLAN LOCATION AND ZONING MAP
Conditional Use Permit 2003-0100: Hotel Park Amendment
ATTACHMENT 2: MASTER SITE PLAN - HOTEL PARK 1987
Conditional Use Permit 2003-0100: Hotel Park Amendment
ATTACHMENT 3: DOWNTOWN REVITALIZATION PLAN APPENDIX A -DESIGN GUIDELINES
Conditional Use Permit 2003-0100: Hotel Park Amendment
ATTACHMENT 4: DRAFT RESOLUTION PC 2003-0102
Conditional Use Permit 2003-0100: Hotel Park Amendment
RESOLUTION 2003-0102
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ATASCADERO APPROVING
CONDITIONAL USE PERMIT 2003-0100 AMENDING PHASE II
OF THE HOTEL PARK MASTER SITE PLAN TO ALLOW FOR
A 20,707 SQUARE FOOT OFFICE BUILDING
AT APN 029-363-044.
(5855 Capistrano Ave / Hotel Park Group)
WHEREAS, an application has been received from Hotel Park Group (PO Box 1980,
Atascadero, 93423) [Applicant] for a Condition Use Permit (CUP 2003-0100) to amend the
master site plan for phase II of the Hotel Park development to construct a 20,707 square foot
office building in the downtown district located at 5855 Capistrano Ave (APN 029-363-044);
and,
WHEREAS, the site's General Plan Designation is D (Downtown); and,
WHEREAS, the site's zoning district is DO (Downtown Office); 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
Conditional Use Permit 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
Conditional Use Permit; and,
WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed
Public Hearing held on October 7, 2003, studied and considered Conditional Use Permit
(CUP 2003-0100).
NOW, THEREFORE, the Planning Commission takes the following actions:
SECTION 1. Findings for Approval of the Conditional Use Permit. 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); 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,
That the proposed use or project will not generate a volume of traffic beyond the
safe capacity of all roads providing access to the project, either existing or to be
improved in conjunction with the project, or beyond the normal traffic volume of
the surrounding neighborhood that would result from full development in
accordance with the Land Use Element; and,
SECTION 2. Findings for Approval of Tree Removal Permit. The Planning
Commission finds as follows:
1. The tree is dead, diseased or injured beyond reclamation, as certified by a
tree condition report from an Arborist;
SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a
regular session assembled on October 7, 2003, resolved to Conditional Use Permit 2003-
0100 subject to the following conditions and exhibits:
EXHIBIT A: Conditions of Approval
EXHIBIT B: Site Plan
EXHIBIT C: Exterior Elevations
EXHIBIT D: Floor Plan
EXHIBIT E: Color and Material Sample Board
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
Atascadero Planning Commission
Attest:
Warren M. Frace
Planning Commission Secretary
EXHIBIT A: Conditions of Approval
Conditional Use Permit 2003-0100: Hotel Park Phase II Amendment
Conditions of Approval
Timing
Responsibility
Mitigation
CUP 2003-0100: Hotel Park Phase II Amendment
/Monitoring
Measure
GP: Grading Permit
PS: Planning Services
BP: Building Permit
BS: Building Services
TO: Temporary Occupancy
FD: Fire Department
FI: Final inspection
PD: Police Department
F0: Final Occupancy
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water Comp.
Planning Services
1. This conditional use permit shall be for a 20,707
On going
PS
square -foot new commercial building, parking lot and
landscaping, as consistent with the original project
master site plan PPN 30.87, and located on parcel 029-
363-044 (5855 Capistrano Ave) regardless of owner.
2. The approval of this use permit shall become final and
On going
PS
effective for the purposes of issuing building permits
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.
3. Approval of this Conditional Use Permit shall be valid
On going
PS
for twelve (12) months after its effective date. At the
end of the period, the approval shall expire and become
null and void unless the project has received a building
permit.
4. The Community Development Department shall have
BP
PS
the authority to approve minor changes to the project
that (1) result in a superior site design or appearance,
and/or (2) address a construction design issue that is
not substantive to the Conditional Use Permit.
5. All site improvements, lighting, landscaping, and
BP
PS
building elevations including colors, material and
FI
finishes shall be consistent or superior to those shown
in attached Exhibits B through E.
6. All roof -mounted equipment shall be screened from
BP
PS
view in all directions.
FI
7. All ducts, meters, air conditioning equipment and all
BP
PS
other mechanical equipment, whether on the ground,
FI
on the structure or elsewhere, shall be screened from
public view with materials architecturally compatible
with the main structure. Gas and electric meters,
electric transformers, and large water piping systems
shall be completely screened from public view with
approved architectural features and/or landscape
plantings.
Conditions of Approval
Timing
Responsibility
Mitigation
CUP 2003-0100: Hotel Park Phase II Amendment
/Monitoring
Measure
GP: Grading Permit
PS: Planning Services
BP: Building Permit
BS: Building Services
TO: Temporary Occupancy
FD: Fire Department
FI: Final inspection
PD: Police Department
F0: Final Occupancy
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water Comp.
8. The Community Development Department will approve
BP
PS
a final landscape and irrigation plan prior to the
issuance of any building permit consistent with Exhibit
G. Landscape plans and specification will be prepared
by a professional landscape architect and indicate the
location, size, quantity and planting requirements of all
plant materials. The plans will include details for an
automatic underground irrigation system. The
landscape construction plan shall be consistent with the
incorporation of the following features at a minimum:
a) The species, size, quantity and location of all
proposed plant material will be indicated on the
plans.
b) All slopes in excess of 3:1 shall be planted with
slope stabilizing plant materials and installed with
jute mesh.
9. Prior to the issuance of any building permits, all off-
GP
PS
site access and parking easements required from
BP
CA
adjacent properties shall be approved by the City
Attorney and recorded in favor of the project and it
perpetuity.
10. A 5 -foot setback at the west of the proposed building
BP
PS
shall be maintained to allow for site vehicular and
pedestrian site access as previously approved, and,
the limits of the graded pad shall be maintained within
the required setback area.
11. The stucco siding shall be of smooth finish
BP
PS
appearance, not machine finished.
12. Prior to the installation of any signage, a master sign
BP
PS
program shall be established, subject to the review
and approval of planning staff.
Public Works
Standard Conditions
BS
13. The applicant shall enter into a Plan Check &
BP
BS
Inspection agreement with the City.
14. The applicant shall be responsible for the protection,
BP
BS
relocation and/or alteration of existing utilities.
15. The applicant shall install all new utilities (water, gas,
BP
BS
electric, cable TV and telephone) underground.
16. The applicant shall monument all property corners for
BP
BS
construction control and shall promptly replace them
if disturbed.
17. Prior to issuance of building permits, the applicant
BP
BS
shall submit a grading and drainage plan with a
Conditions of Approval
Timing
Responsibility
Mitigation
CUP 2003-0100: Hotel Park Phase II Amendment
/Monitoring
Measure
GP: Grading Permit
PS: Planning Services
BP: Building Permit
BS: Building Services
TO: Temporary Occupancy
FI: Final inspection
FD: Fire Department
PD: Police Department
F0: Final Occupancy
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water Comp.
separate sheet(s) devoted to sedimentation and
erosion control, prepared by a registered civil
engineer for review and approval by the City
Engineer.
18. Prior to the final inspection, all outstanding plan check
BP
BS
and inspection fees shall be paid.
19. Prior to the final inspection, the applicant shall submit
BP
BS
a written statement from a registered civil engineer
that all work has been completed and is in full
compliance with the approved plans and the Uniform
Building Code (UBC).
Atascadero Mutual Water Company
20. Prior to the issuance of building permits, the applicant
shall submit plans showing the water distribution
facilities required to serve the subdivision for review
and approval by the Atascadero Mutual Water
Company (AMWC). The plans shall show all facilities
required for providing water to the subdivision for
domestic and fire protection purposes. The plans
shall show all cross -connection devices required for
isolating the landscape irrigation systems from the
domestic water system.
21. Prior to commencing construction on the water
system improvements required for the subdivision,
the applicant shall pay all installation and connection
fees required by AMWC.
22. Before to approval of im provement plans by AMWC,
the applicant shall obtain a "Will Serve" letter from
AMWC for the properties subdivision.
23. The applicant shall design and construct all water
distribution facilities in conformance with AMWC
standards, policies and approved procedures and the
California Waterworks Standards (Code of
Regulations Title 22, Division 4, Chapter 16). All
cross -connection devices shall be constructed in
conformance with AWWA and California Department
of Health Services standards.
24. The applicant s hall dedicate easements to AMWC for
all existing or proposed water system improvements
constructed outside of Colony rights-of-way or rights-
of-way dedicated for public use. AMWC shall review
and approve the form and content of the easements
before their recordation. The applicant shall provide
AMWC with recorded copies of the easements before
construction of the water system improvements
commences.
EXHIBIT B: Site Plan
CUP 2003-0100
1 MiMYA/
SITE PLAN
EXHIBIT C: Exterior Elevations
CUP 2003-0100
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CUP 2003-0100
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EXHIBIT E: Color & Material Sample Board
CUP 2003-0100
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ITEM NUMBER: 2
DATE: 10/07/03
Planning Commission Staff Report
Acceptance of Final Map 2003-0055
Parcel Map ATAL 99-289 (LLA 2000-0001)
9123 San Rafael Road
Worthan Family Trust
-
.
NOW
i
RECOMMENDATION:
Staff Recommends:
Planning Commission accept Final Map 2003-0055 (Parcel Map ATAL 99-289)
DISCUSSION:
On April 14, 2000 the Community Development Director approved a request by the applicant
to adjust the lot lines between 6 legal parcels. No additional building entitlements or new
lots were created. Some of the parcels involved in the adjustment were smaller than the
medium density single-family zone minimum lot size of 1 gross acre. The application
adjusted all lot lines resulting in all the lots meeting the minimum lot size.
On March 21, 2002 a time extension was administratively approved by the Community
Development Director, extending the expiration of LLA 2000-0001 to August 17, 2003. On
May 20, 2003, the Planning Commission adopted Resolution PC 2003-0050, thereby
approving an additional one-year time extension.
According to Section 11-4.42 of the Municipal Code, the Planning Commission is the
advisory agency charged with final approval of all parcel maps without dedications. No
offers of dedication have been made with this final map. Staff has determined that the Final
Parcel Map is consistent with approved Lot Line Adjustment.
ATTACHMENTS: Exhibit A: Final Parcel Map 2003-0055 (Parcel Map ATAL
99-289)
Exhibit A
Final Map 2003-0055 (Parcel Map ATAL 99-289)
9123 San Rafael Road
Worthan Family Trust
ITEM NUMBER:
DATE:
3. BIG BUBBA'S BAD BBQ, 8050 EL CAMINO REAL
APPEARANCE REVIEW PRESENTATION
10/1
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
Community Development Staff
Report
Tree Removal Permit
TRP 2003-0040
(2055 San Fernando Road: Deleo)
SUBJECT:
Request to remove fifteen (15) trees, four (4) of which are 24 inches or greater in diameter in
conjunction with single family residential development on 2 existing lots of record, located at
2055 San Fernando Road
RECOMMENDATION:
Staff recommends:
The Planning Commission adopt Resolution PC 2003-0096 to approve a request to remove
thirteen (13) native trees, two (2) of which are 24 inches or greater in diameter, subject to the
guidelines and mitigation required by the Atascadero Native Tree Ordinance.
SITUATION AND FACTS:
Applicant: Mike Deleo, 1942 Partridge Drive, San Luis Obispo, California
93408
2. Representative: Steve Soenke, 1802 Pinecove Drive, San Luis Obispo,
California 93405
3. Certified Arborist: Steve Alvarez, Certified Arborist, 802 Paso Robles, California
93446
4. Project Address: 2055 San Fernando Road., Atascadero, California 93422; APN
049-281-011
BACKGROUND:
The applicant has submitted a tree removal permit application (TRP 2003-0040) for the removal of
fifteen (15) trees in conjunction with development of two single family residences on two existing lots
of record, located at 2055 San Fernando Road. The project site is moderately to steeply sloped and
moderately to heavily forested with native oak trees.
ANALYSIS:
The majority of the trees will be removed during construction of the driveway leading to the house on
the most northerly parcel. The parcels will share an existing driveway leading from San Fernando
Road to the residential site on the southerly parcel and then construct an extension of the driveway to
access the residential site on the northerly parcel.
A 44 -inch Live Oak (Tree 21 on the tree protection plan) is located in the area of the proposed garage
and a 26 -inch Live Oak (Tree 75) within the driveway extension for the northerly parcel. All other
trees greater than 24 inch dbh are located on the southerly parcel near the proposed footprint of the
new residence. These trees include a 66 inch, multi -trunk Live Oak (Tree 30), and a 28 -inch, multi -
trunk Live Oak (Tree 35).
Trees 30 and 35 could potentially be saved by repositioning the proposed footprint of the residence on
the southerly parcel.
Pictures of the two residential parcels are shown below:
The City of Atascadero's Tree Ordinance requires that appropriate mitigation for native tree removals
be implemented. Staff is recommending that removal of the twelve (12) trees be mitigated by the
payment of $1,908.33 into the City's Tree Replacement Fund. The proposed mitigation is shown in
the following table. If all fifteen (15) trees are approved for removal, the mitigation would be
$2,833.33
Evergreen
Native Trees
(inches)
REMOVAL OF 12 TREES
Deciduous
Native
Trees
(inches)
dbh notes
(inches)
17 16 Valley Oak
47 7 White Oak
Total 23-
inrhec
Tree Fund $191.67
Payment:
Totals
229 -inches
$1,908.33
dbh
notes
(inches)
18
13
Live Oak
19
20
Live Oak
20
16
Live Oak
21
44
Live Oak
30
0
Live
Oak(x5)
34
0
Live Oak
35
0
Live
Oak(x2)
46
14
Live Oak
58
13
Live Oak
75
26
Live Oak
78
13
Live Oak
80
16
Live Oak
81
10
Live Oak
82
5
Live Oak
105
16
Live Oak
Total
206 -
inches
Mitigation
Requirement
Tree Fund
$1,716.67
Payment:
REMOVAL OF 12 TREES
Deciduous
Native
Trees
(inches)
dbh notes
(inches)
17 16 Valley Oak
47 7 White Oak
Total 23-
inrhec
Tree Fund $191.67
Payment:
Totals
229 -inches
$1,908.33
Evergreen
Native Trees
(inches)
dbh notes
(inches)
REMOVAL OF 15 TREES
18
13
Live Oak
19
20
Live Oak
20
16
Live Oak
21
44
Live Oak
30
66
Live
Oak(x5)
34
17
Live Oak
35
28
Live
Oak(x2)
46
14
Live Oak
58
13
Live Oak
75
26
Live Oak
78
13
Live Oak
80
16
Live Oak
81
10
Live Oak
82
5
Live Oak
105
16
Live Oak
Total
317 -
inches
Mitigation
Requirement
Tree Fund
$2,641.67
Payment:
FINDINGS:
Deciduous
Native
Trees
(inches)
dbh notes
(inches)
17 16 Valley Oak
47 7 White Oak
Total 23 -
inches
Tree Fund $191.67
Payment:
Totals
340 -inches
$2,833.33
Pursuant to the Tree Ordinance (Ordinance No. 214), "decisions on native tree removals of 24 -inch
dbh-size or larger shall be made by the Planning Commission." In considering any tree removal
request, at least one of the below stated following findings must be made. Staff has identified finding
#5 as appropriate for the application request.
1) The tree is dead, diseased or injured beyond reclamation, as certified by a tree condition
report from an Arborist
2) The tree is crowded by other healthier native trees, thinning (removal) would promote
healthier growth in the trees to remain, as certified by a tree condition report from an
Arborist;
3) The tree is interfering with existing utilities and/or structures, as certified by a report
from the Site Planner;
4) The tree is inhibiting sunlight needed for existing and/or proposed active or passive solar
heating or cooling, as certified by a report from the Site Planner;
S) The tree is obstructing proposed improvements that cannot be reasonably desLffned 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)forpractical design alternatives;
• Ifsaving tree eliminates all reasonable uses of the property; or
• ifsaving the tree requires the removal of more desirable trees.
CONCLUSION:
The applicant has submitted a tree removal permit as prepared by a Certified Arborist. The trees have
been determined to be obstructing proposed improvements that can not be reasonably designed to
avoid the need for tree removal. This finding has been certified by the Community Development
Department, and therefore meets the required findings for removal.
PREPARED BY: Kerry Margason, Associate Planner
ATTACHMENTS:
1- Attachment 1: Location Map Formatted: Bullets and Numbering
Attachment 2: Tree Protection Plan
Exhibit A: Draft Resolution PC 2003-096
Exhibit B: Conditions of Approval/Tree Mitigation Table
Attachment 7
Location Map
2055 San Fernando Road
U.S. 101
��
Del Rio Road
Project
Site
Monterey Road
San Fernando Road
Exhibit A: Draft Resolution PC 2003-0096
Tree Removal - TRP 2003-0040
DRAFT RESOLUTION PC 2003-0096
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ATASCADERO APPROVING A TREE REMOVAL PERMIT
TO ALLOW THE REMOVAL OF TWELVE NATIVE OAK TREES
LOCATED AT 2055 SAN FERNANDO ROAD
(TRP 2003-0040/DELEO)
WHEREAS, an application for a Tree Removal Permit has been received from Mike
Deleo, 1942 Partridge Drive, San Luis Obispo, California 93401, to allow the removal of
twelve (12) native oak trees, two (2) of which are greater than 24 inches diameter located at
2055 San Fernando 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 October 7, 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:
31The trees are obstructing proposed improvements that cannot be reasonably designed to .- -- — Formatted: Bullets and Numbering
avoid the need for tree removal, as certified by a report from the Site Planner and determined
by the Community Development Department based on the following factors:
• Early consultation with the City;
• Consideration of practical design alternatives;
• Provision of cost comparisons (from applicant) for practical design alternatives;
• If saving tree eliminates all reasonable uses of the property; or
• If saving the tree requires the removal of more desirable trees.
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 B: Tree Mitigation Table
Tree Removal - TRP 2003-0040
Tree Mitigation Table 1
Evergreen
0
Live Oak
Native
0
Live
Trees
Oak(x2)
(inches)
14
Live Oak
58
dbh
notes
75
(inches)
Live Oak
18
13
Live Oak
19
20
Live Oak
20
16
Live Oak
21
44
Live Oak
30
0
Live
Oak(x5)
34
0
Live Oak
35
0
Live
Oak(x2)
46
14
Live Oak
58
13
Live Oak
75
26
Live Oak
78
13
Live Oak
80
16
Live Oak
81
10
Live Oak
82
5
Live Oak
105
16
Live Oak
Total
206 -
inches
Mitigation
Requiremen
t
Tree Fund $1,716.67
Payment:
REMOVAL OF 12 TREES
Deciduous Totals
Native Trees
(inches)
dbh notes
(inches)
17 16 Valley Oak
47 7 White Oak
Total 23-
;—k
Tree Fund $191.67
Payment:
229 -inches
$1,908.33
Pla nnin-q Commission Sta
►aff,7=:1
,fM
ITEM NUMBER:
DATE
HIM mo
5
10-7-03
Tentative Tract Map 2003-0029 / Road Abandonment 2003-0012
Encino / Atajo Lot Line Adjustment
(Don Messer / Wilson Land Surveys)
Note: changes to 9/16/03 staff report are underlined.
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, and provide for a 16 -foot paved fire access road
ITEM NUMBER: 5
DATE: 10-7-03
connection to Encino Avenue with additional tree protection retaining walls,
subject to findings and conditions.
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: Zoning District: RSF- Z (Residential Single -Family
1.5 — 2.5 acre minimum lot size)
6. Site Area: 4.5. acres
7. Existing Use: Six undeveloped Colony lots bisected by an un -built
portion of Encino Road
8. Environmental Document: Proposed Mitigated Negative Declaration 2003-
0044 posted August 27, 2003.
BACKGROUND:
Planning Commission Hearing 9/16/03:
On September 16. 2003. the Planning Commission held a public hearing to consider a
recommendation to the City Council on the project. Approximately 13 residents spoke
with concerns about the project. The primary concerns focused on the connection of
Encino Avenue to Ataio Avenue, tree removals and potential biological impacts. During
deliberations, the Commissioners all expressed concerns the Encino Avenue access issue
but were divided about the need for additional biological survey of the site. The
ITEM NUMBER:
DATE: 10-7-03
Commission voted 4-3 to refer the item back to staff to look at alternative access options
to the Encino Avenue extension with no additional biological surveys. City staff has met
with the applicant and his engineer to review access alternatives. As mentioned during
the hearing, a number of different access options had be developed and discarded as part
of the project review process. The following table summarizes the possible access
alternatives that the Commission requested.
Access Option
Positive Features
Negative Features
Staffs Position
1. Leave Encino as is
9 Fewest Tree Removals
Creates permanent life
Not acceptable
• Least grading
safety risk by not
providing a secondary
emergency access and
evacuation route.
• Large vehicles cannot
turn around
2. Cul-de-sac at the end of
Provides large vehicle
0 Creates permanent life
Not acceptable
Encino
turn around
safety risk by not
providing a secondary
emergency access and
evacuation route.
• Requires construction
of 20 -foot tall retaining
walls (96 -foot radius
required).
• Removes similar
number of trees as
through road.
• Requires acquisition of
private property
3. Allemande access
Reduced grading and
Allemande Road is not
Not possible
tree removals
actually a road but is a
private driveway with a
road sign. The City,
applicant and residents
of Encino have not
rights to access
Allemande Road.
• Requires acquisition of
private property.
• Requires acquisition of
access rights to
Allemande Road.
• May require City to use
eminent domain to
acquire property and
access rights.
4. Build Encino Avenue to
Provides secondary
Increases grading
Not recommended.
City Standards with no
emergency access and
impacts above
Road Abandonment
evacuation route
proposed project
ITEM NUMBER:
DATE: 10-7-03
•
Provides exit route for
0
Increase tree removals
large vehicles
above proposed
project.
•
24 -wide street may be
out of character with
existing Encino Ave.
5.
Applicant Proposal
•
Provides secondary
•
Requires the removal
Not recommended.
20 -foot base access
emergency access and
of 30 native trees.
road
evacuation route
•
Base road will
•
Provides exit route for
deteriorate and may
large vehicles
become impassable in
wet weather.
•
Maintenance of base
road will be required.
•
Base roads are dusty,
slippery and unsafe
and higher speeds.
6.
9/16/03 Staff
9
Provides secondary
0
Requires the removal
Recommended by staff
Recommendation:
emergency access and
of 30 trees.
on 9/16/03
20 -foot paved access
evacuation route
road.
0
Provides exit route for
large vehicles
•
Provides low
maintenance road with
safest surface.
7.
20 -foot access road with
9
Provides secondary
9
Does not provides exit
Not recommended.
barrier gate
emergency access and
route or turn around for
evacuation route
large vehicles
•
Requires the removal
of 30 native trees.
•
Barrier gates must be
activated or unlocked
to be used. The
possibility exists that a
time delay or
mechanism failure
could occur during an
emergency.
8.
16 -foot paved access
.
Provides secondary
•
Requires the removal
Recommended by staff
road with additional tree
emergency access and
of 23 +/- native trees
protection walls
evacuation route
•
Provides exit route for
large vehicles
•
Provides low
maintenance road with
safest surface.
•
Additional retaining walls
may preserve upto seven
native trees at the end of
Encino.
ITEM NUMBER: 5
DATE: 10-7-03
Based on staff's review of the possible options, staff has modified its recommendation to
support Access Option 8, a 16 -foot paved fire access road connection with tree protection
retaining walls (refer to conditions 7 and 12 of the tract map conditions of approval
Attachment 4). In staff's opinion the lack of a secondary access or the installation of a
barrier gate in the other options present unacceptable life safety risks.
DISCUSSION:
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
crf
ITEM NUMBER: 5
DATE: 10-7-03
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.
Chauplin Avenue
Blue Line Creek
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ITEM NUMBER: 5
DATE: 10-7-03
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ITEM NUMBER: 5
DATE: 10-7-03
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: 5
DATE: 10-7-03
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.
R
0
Location of new fire
access road (arrow)
Portion of Encino
Road to be abandoned
(hatched)
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: 5
DATE: 10-7-03
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: 5
DATE: 10-7-03
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)
ITEM NUMBER:
DATE
Deciduous Native Trees (inches)
dbh notes dbh notes
1 1316 -inches live oak trees 1 436 -inches white oak trees
2 2
3 3
4 4
5 5
6 6
Total 1316 -inches Total 436 -inches
Mitigation Requirement
req'd tree replacements: 219 five gal trees
Proposed Replanting 0 five gal trees
n h— too. r9a^i
req'd tree replacements: 145 five gal trees
Proposed Replanting 0 five gal trees
n h— f— (?A"1
5
10-7-03
Totals
1752 -inches
365 five gal trees
0 five gal trees
Remaining Mitigation 219 five gal trees Remaining Mitigation 145 five gal treesI 365 five gal trees
Tree Fund Payment: $ 10,966.67 Tree Fund Payment: $ 7,266.67 $ 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 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: 5
DATE: 10-7-03
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 measures 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:
I. 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: 5
DATE: 10-7-03
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: 5
DATE: 10-7-03
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
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 and referred the project back to staff for additional review, and,
WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing
held on October 7, 2003, studied and considered 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 2003-0044 based on the following Findings as shown on Exhibit A:
ITEM NUMBER: 5
DATE: 10-7-03
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,
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 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.
ITEM NUMBER: 5
DATE: 10-7-03
On motion by Commissioner and seconded by Commissioner -the foregoing
resolution is hereby adopted in its entirety by the following roll call vote:
AYES: (x)
NOES: (x)
ABSENT: ( x )
ABSTAIN: ( x )
CITY OF ATASCADERO, CA
Roberta Fonzi
Chairperson
Attest:
Warren M. Frace
Planning Commission Secretary
ITEM NUMBER
DATE: 10-7-03
EXHIBIT A: Draft Mitigated Negative Declaration 2003-0044
"`4° CITY OF A TASCADER O
PROPOSED MITIGATED
NEGATIVE DECLARATION #2003-0044
6500 Palma Avenue Atascadero, CA 93422 805/461-5035
Applicant: I Don Messer PO Box 1958, Atascadero, CA 93422, 805/466-0549
Project Title:I Road Abandonment 2003-0012
Tentative Tract Map 2003-0029
Project
Location:
Project
Description:
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
CITY OF ATASCADERO
INITIAL STUDY
ENVIRONMENTAL CHECKLIST FORM
Applicant: I Don Messer PO Box 1958, Atascadero, CA 93422, 805/466-0549
Project Title:I Road Abandonment 2003-0012
Tentative Tract Map 2003-0029
Project 14.5 vacant acres located at the end of Encino Road between Atajo Road, Atascadero, CA 93422
Location: (San Luis Obispo County) APN 031-091-005, 006, 008, 009, 031-092-016
Project
Description:
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: RSP- 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
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INITIAL STUDY
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CITY OF ATASCADERO
INITIAL STUDY
Exhibit A
Timing
Responsibility
Mitigation
/Monitoring
Measure
Mitigation Monitoring Program
RAB 2003-0012
GP: Grading Permit
BP: Building Permit
Services
PS: BuildPlaning
BS: Buildin Services
TTM 2003-0029
Occupancy
partment
PD: Policre e Department
FI: Final inspection
CE: City Engineer
F0: Final Occupancy
WW: Wastewater
Encino Road I 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
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 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 E ui ment
• 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.
N Vnhinln cnnnr4 fnr nil —ncfri infinn vohinlo chnll nnf nvro 4 9 F mnh
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
F0: 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
F0: 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 he 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.
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
ElLand 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 XVI I 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
October 7, 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
October 7, 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 m ph 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
October 7, 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
October 7, 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
adverse effects, including the risk of loss, injury, or death
b) Cause a substantial adverse change in the significance of
❑
an archaeological resource pursuant to'15064.5?
i) Rupture of a known earthquake fault, as delineated on
c) Directly or indirectly destroy a unique paleontological
resource or site or unique geologic feature?
d) Disturb any human remains, including those interred
Map issued by the State Geologist for the area or based
❑
outside of formal cemeteries?
on other substantial evidence of a known fault? Refer to
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 loss, 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?
❑
❑
❑
iii) Seismic -related ground failure, including liquefaction?
❑
❑
❑
Planning Commission Resolution 2003-0092
October 7, 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
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 ❑
environment through the routine transport, use, or disposal
of hazardous materials?
Planning Commission Resolution 2003-0092
October 7, 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
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
❑
❑
1:1adopted
emergency response plan or emergency evacuation
plan?
h) Expose people or structures to a significant risk of loss,
❑
1:1injury
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
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
Planning Commission Resolution 2003-0092
October 7, 2003
Page 8 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
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
11
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
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
Management Practices will result in the issuance of correction notices, citations, or stop orders.
9. LAND USE AND PLANNING - Would the project:
Planning Commission Resolution 2003-0092
October 7, 2003
Page 9 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
a) Physically divide an established community? ❑
b) Conflict with any applicable land use plan, policy, or ❑ ❑ 1:1regulation 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 1:1 El 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 ❑
®
❑
❑
noise levels in the project vicinity above levels existing
without the project?
e) For a project located within an airport land use plan or,
Planning Commission Resolution 2003-0092
October 7, 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
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:
11 a.b.c.d.Construction is expected to involve some heavy machinery and use of impact tools that make nois e. 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/Building 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, ❑
necessitating the construction of replacement housing
elsewhere?
c) Displace substantial numbers of people, necessitating the ❑
construction of replacement housing elsewhere?
SOURCES: Project description; General Plan Land Use Element.
DISCUSSION:
12.a. No net increase in lots are proposed.
12.b.c. No housing or persons will be displaced.
Planning Commission Resolution 2003-0092
October 7, 2003
Page 11 of 14
Initial Study 2003-0044
RAB 2003-0012
TTM 2003-0029
Encino Road / Atajo Road
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? ❑
❑
Schools? ❑
❑
El
Parks? ❑
❑
El
Other public facilities? ❑
❑
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 i mpact 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 impact 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.
Other public facilities: The construction of the project is not expected to have significant impacts on any other public
facilities.
14. RECREATION --
Planning Commission Resolution 2003-0092
October 7, 2003
Page 12 of 14
Initial Study 2003-0044
RAB 2003-0012
TTM 2003-0029
Encino Road / Atajo Road
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.
Potentially Less Than Less Than No
Significant Significant with Significant Impact
Impact Mitigation Impact
Incorporation
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
❑
11
Z
11
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
11
Z
(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
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.
Planning Commission Resolution 2003-0092
October 7, 2003
Page 13 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
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
171
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
17. MANDATORY FINDINGS OF SIGNIFICANCE --
Planning Commission Resolution 2003-0092
October 7, 2003
Page 14 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
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, Browr}BUntln 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 referred the project back to staff for additional information, and,
Planning Commission Resolution 2003-0093
October 7, 2003
Page 2 of 4
WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing
held on October 7, 2003, studied and considered RAB 2003-0012, 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. 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 October 7, 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
October 7, 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
October 7, 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, referred the project back to staff for additional information, and,
WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing
held on October 7, 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:
Draft Planning Commission Resolution 2003-0094
October 7, 2003
Page 2 of 18
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.
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 October 7, 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
October 7, 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
October 7, 2003
Page 4 of 18
Exhibit A: Tentative Tract Map
TTM 2002-0017
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October 7, 2003
Page 5 of 18
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October 7, 2003
Page 6 of 18
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TTM 2003-0029
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Draft Planning Commission Resolution 2003-0094
October 7, 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 20030029
/Monitoring
Measure
e
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
October 7, 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
Additional retaining walls shall be utilized along the
southern portion of Encino Avenue to preserve as many
trees as possible.
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
October 7, 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 sow n with a
fast -germinating native grass seed and watered until vegetation is
established.
Draft Planning Commission Resolution 2003-0094
October 7, 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
October 7, 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
October 7, 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
6.1b.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 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
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
October 7, 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 a fire access road
IP
CE
standard with a 16 -foot wide paved surface and 2 foot base
shoulders. This road will connect from Atai 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 th is 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 maintenance agreement
shall b e 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
October 7, 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 cross 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 the 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
October 7, 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
October 7, 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 confo rmance 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
October 7, 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: Atascadero
Mutual Water Company
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.
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 Atascadero 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 installation 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
October 7, 2003
Page 18 of 18
Conditions of Approval / Mitigation Monitoring Program
Timing
Responsibility
Mitigation
Tentative Tract Map 2003.0029
/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.
\\Cityhall\CDvlprri TTM - Tentative Tract Maps\TTM 03\TTM 2003-0029 Encino Road; Messer\TTM
2003-0029. PC-SR.9.16-03.wmf.doc
ITEM NUMBER:
DATE:
TO BE CONTINUED TO A DATE UNCERTAIN
6. TENTATIVE PARCEL MAP 2003-0045: 2055 SAN FERNANDO ROAD
Applicant:
Steven Soenke, 1802 Pinecove Dr., San Luis Obispo, CA 93405, 546-9204
Owner:
Mike Deleo, 1942 Partridge Dr., San Luis Obispo, CA 93405, 595-1928
Project Title:
Tentative Parcel Map 2003-0045
Project
2055 San Fernando Road, Atascadero, CA 93422, San Luis Obispo County
Location:
APN 049-281-011
Project
A proposed subdivision of an existing 8.66 net acre lot into two individual parcels of 4.33 net
Description•
acres each. The site is currently developed with a single-family residence that will be confined to
one lot to allow the new lot to be developed with a single-family residence. The project requires
the removal of seventeen (17) native trees. The parcels are moderately to steeply sloped and
contain dense vegetation and several native oak trees. Onsite septic will serve the property and
water is available from Atascadero Mutual Water Company.
General Plan Designation: Residential Suburban (RS)
Zoning District: Rural Estate RE
Proposed
Based on the initial study prepared for the project, a Negative Declaration is proposed. The
Environmental
proposed Mitigated Negative Declaration was available for public review from 9/11/03 through
Determination:
10/30/03 at 6500 Palma Avenue, Community Development Department, from 8:00 a.m. to
5:00 p.m., Monday through Friday.
CdvlpmnUPC To Be Continued to a Date Uncertain.am.doc
10/1
Planning Commission Staff Report
ITEM NUMBER: 7
DATE: 10-07-03
Single Family Planned Development Zone Change 2002-0036,
Master Plan of Development (CUP 2003-0087),
Vesting Tentative Tract Map 2003-0043
(7755 Navajoa Ave / Huckobey, Emrich)
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 #7 overlay on the site subject and a master plan of development
(CUP) that would allow six (6) new single-family residences to be constructed on six
individual parcels. The project is subject to architectural, landscape, and site design
standards.
RECOMMENDATION:
Staff Recommends:
1. Adopt Resolution No. PC 2003-0098 recommending that the City Council certify
Proposed Mitigated Negative Declaration 2003-0051; and,
2. Adopt Resolution No. PC 2003-0099 recommending that the City Council introduce
an ordinance for first reading to approve Zone Change 2002-0036 based on findings;
and,
3. Adopt Resolution No. PC 2003-0100 recommending that the City Council approve
the Master Plan of Development (CUP 2003-0087) based on findings and subject to
Conditions of Approval and Mitigation Monitoring; and,
4. Adopt Resolution No. PC 2003-0101 recommending the City Council approve
Vesting Tentative Tract Map 2003-0043 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'Planninglssues
1. Project Definition
ITEM NUMBER: 7
DATE: 10-07-03
Jack Huckobey
5050 Portola Rd., Atascadero, CA 93422
Michael Emrich
8580 Casanova Rd., Atascadero, CA 93422
7755 Navajoa Ave, Atascadero, CA 93422
(San Luis Obispo County) APN 031-183-002
General Plan Designation: Medium -Density Residential
(10 units/acre)
RMF -10 (Residential Multiple Family)
0.56 acre
Vacant
Proposed Mitigated Negative Declaration 2003-0051
The proposed project consists of six new single-family homes located on individual lots that
will be developed under the requirements of the PD -7 overlay district within the RMF -10
(Residential Multi -Family) zoning district. The new homes will be 1,980 square feet in size.
Each home will have a two car attached garage with one additional uncovered guest parking
space. 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: 7
DATE: 10-07-03
Project Summary Table
2. Background
RMF -10
RSF-X
4..
Project
Site 1i
�`-�-�-
Surrounding Land Use and Setting:
North: Multi family Residential
South: General Commercial:
Existing office use
East: Multi- family Residential
West: General Commercial:
Existing office use
The General Plan and Zoning Ordinance identifies the project site, along with adjacent
properties to the east and north as Medium -Density Residential with a maximum density of
10 dwelling units per acre. Properties to the south and west are designated as General
Commercial and are currently developed with office uses. The project site's multi -family
residential zoning is consistent with the General Plan. The General Plan and zoning
incorporates factors such as slope, native trees, circulation, building coverage and landscape
development standards that could reduce the density accordingly. The zoning ordinance
allows the establishment of a Planned Development Overlay No. 7 (Pa 7) in the multi -family
Lot 1
Lot 2
Lot 3
Lot 4
Lot 5
Lot 6
Lot Area
4511 sf
3878 sf
3751 sf
3798 sf
3934 sf
4406 sf
Building Footprint
1137 sf
1137 sf
1137 sf
1137 sf
1137 sf
1137 sf
(not to exceed 35%)
25%
29%
30%
30%
29%
26%
Landscaped Area
1804 sf
1558 sf
1616 sf
1630 sf
1653 sf
1840 sf
(minimum 40%)
40%
40%
43%
43%
42%
42%
Covered Parking
2 spaces
2 spaces
2 spaces
2 spaces
2 spaces
2 spaces
Guest Parking
spaces
2 spaces
1 spaces
1 spaces
1 spaces
1 spaces
Lower Living Area
1137
1
1137
1137
1137
1
1137
1137
Upper Living Area
840
840
840
840
840
840
2. Background
RMF -10
RSF-X
4..
Project
Site 1i
�`-�-�-
Surrounding Land Use and Setting:
North: Multi family Residential
South: General Commercial:
Existing office use
East: Multi- family Residential
West: General Commercial:
Existing office use
The General Plan and Zoning Ordinance identifies the project site, along with adjacent
properties to the east and north as Medium -Density Residential with a maximum density of
10 dwelling units per acre. Properties to the south and west are designated as General
Commercial and are currently developed with office uses. The project site's multi -family
residential zoning is consistent with the General Plan. The General Plan and zoning
incorporates factors such as slope, native trees, circulation, building coverage and landscape
development standards that could reduce the density accordingly. The zoning ordinance
allows the establishment of a Planned Development Overlay No. 7 (Pa 7) in the multi -family
ITEM NUMBER: 7
DATE: 10-07-03
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 overlay zone requires a Master Plan of Development which incorporates site
development standards and appearance review including architecture, landscaping, and site
design standards. 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 architectural features,
upgraded building materials, compatible colors, and landscape design consistent with the
requirements of the PD -7 development standards. In addition, staff has added conditions of
approval consistent with General Plan & Zoning requirements and agreed upon by the
applicant, as identified below.
The project has been designed with two story single-family residences that incorporate
quality building materials and accentuated fagade elements to blend with the existing
neighborhood along Navajoa Avenue. Although each unit shares a similar interior floor plan,
a combination of accent materials, color pallets, and roof color has been proposed for each
residence. The residences are centered around an inner pavered courtyard and are positioned
to enhance a community feel while maximizing private yard space to the rear. Portions of the
residence that are setback 10 feet from the edge of the pavered court are designed with large
picture windows to strengthen the connection between the front yard area and the individual
residences.
A variety of architectural features will be incorporated into the throughout the project,
including: Covered porches on the corner units, redwood trellis' over rear yard patio spaces,
window accents, stone veneer base, and brushed tile roofing. All trash storage, recycle
storage, and air conditioning units will be screened from view behind fenced or landscaped
enclosures. Additional conditions have been included that will require the garage doors be
architectural grade and be painted to match the selected body color (Condition PD 6). Refer
to elevations on the next page.
All front yards and street facing side yards shall be landscaped by the developer (Condition
PD 9). Back yards will be landscaped by the individual property owners. All landscape
maintenance will be the responsibility of the individual property owner.
ITEM NUMBER: 7
DATE: 10-07-03
Elevations
Navajoa Street Elevations
Tal
77
1
NAVAJOA ST,_ ELEVATION `�° `fit' \-03 '!
ITEM NUMBER: 7
DATE: 10-07-03
The applicant has included sample elevations illustrating color and material schemes. As the
colors and materials are conceptual, a condition has been included that staff review and
approve final selections for design quality and neighborhood compatibility (Condition PD 6).
Refer to Exhibit H for details.
Landscape Design
The preliminary landscape plan has been designed for compatibility with the surrounding
neighborhood and visual appearance from Navajoa Avenue. The plans identify landscaping
thoughout the site including rear yard shade trees for each parcel. The streetscape includes
shade trees and the entirety of the shared driveway is proposed to be decorative pavers. As
Conditioned, the landscape plan and palette meets the PD -7 requirements.
The applicant has brought forward evidence that native trees existed on-site prior to the
applicant gaining ownership of the property. Although the applicant was not responsible for
the tree removals, mitigation in the form of native tree replacement plantings have been
included as part of the development proposal. The applicant has agreed to include 8-24" box
sized native oak trees in the Landscaping for the proposed project and payment of $500.00
into the tree replacement fund in compliance with the Atascadero Native Tree Ordinance.
Mitigation Requirement
req'd tree replacements:
Proposed Replanting
58 five gal trees
0 five gal trees
8 box trees (24")
dbh notes
0 -inches
0 -inches
req'd tree replacements:
Proposed Replanting
0 five gal trees
0 five gal trees
0 box trees (24")
174 -inches
58 five gal trees
0 five gal trees
8 box trees (24'
Remaining Mitigation 10 five gal trees Remaining Mitigation 0 five gal trees 1 10 five gal trees
Tree Fund Payment: $ 500.00 Tree Fund Payment: $ - I $ 500.00
dbh notes
1
14 -inches Walnut
1
2
14 -inches Walnut
2
3
14 -inches Walnut
3
4
6 -inches Walnut
4
5
8 -inches Walnut
5
6
10 -inches Walnut
6
7
12 -inches Walnut
7
8
8 -inches Walnut
8
s
12 -inches Walnut
g
10
12 -inches Walnut
10
11
14 -inches Walnut
11
12
8 -inches Walnut
12
13
10 -inches Walnut
13
14
10 -inches Walnut
14
15
10 -inches Walnut
15
16
12 -inches Walnut
16
Total
174 -inches
Total
Mitigation Requirement
req'd tree replacements:
Proposed Replanting
58 five gal trees
0 five gal trees
8 box trees (24")
dbh notes
0 -inches
0 -inches
req'd tree replacements:
Proposed Replanting
0 five gal trees
0 five gal trees
0 box trees (24")
174 -inches
58 five gal trees
0 five gal trees
8 box trees (24'
Remaining Mitigation 10 five gal trees Remaining Mitigation 0 five gal trees 1 10 five gal trees
Tree Fund Payment: $ 500.00 Tree Fund Payment: $ - I $ 500.00
ITEM NUMBER: 7
DATE: 10-07-03
Site Plan, Circulation, Parking
The site plan has been proposed to meet the requirements of the Atascadero Municipal Code
and the appearance review requirements of the General Plan. The project will include street
frontage improvements along Navajoa Avenue. The proposed paver driveway is designed to
be sixteen -foot wide paved width with 20 feet clear spaces provided with use of low lying
groundcover along the east side for emergency vehicle access (Condition PD 16).
Each lot contains a minimum 2 covered parking spaces and one uncovered guest space which
is consistent with the PD -7 code -required parking spaces.
Site Drainage
On-site storm water detention is accommodated along the north and south edges of the
project site. Staff has conditioned the project to finalize drainage design prior to the Council
hearing (Condition PD 23).
Wastewater
Sanitary sewer will be connected to the existing Navajoa Avenue sewer line.
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 limited area and relatively small subdivision, common recreational facilities may
not be practical. However, the project will have a number of "redeeming features" which
include the following: 1) maximized building separations ranging from XX feet to XX feet
between proposed residences; 2) incorporation of high quality materials and porch elements
on corner units; 3) each unit will have a private yard area that will allow for outdoor
recreational opportunities, 4) architectural and landscape features of the project have been
designed to enhance the project's appearance and benefit the surrounding neighborhood; 5)
incorporation of special paving treatment for the shared driveway and guest parking spaces,
and 6) the project will provide inclusionary in lieu fees for affordable housing consistent with
the interim Council Policy.
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 PD 4/TTM 8). According to the San Luis Obispo County Department of
Planning & Building, a 3 -bedroom moderate level affordable unit only qualifies if the sales
ITEM NUMBER: 7
DATE: 10-07-03
price does not exceed $ 294,679 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
monthly.
5. Tentative Tract Map
A six -lot tract map is proposed as part of the project consistent with the Master Plan of
Development. The tract map has been conditioned by staff and the City Engineer to meet all
City standards including street frontage improvements. The applicant will be required to
record CC&R's for the map that will include maintenance and access of common areas
(Condition PD 25/TTM 52).
6. 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 Multi -Family Residential designation of
the Plan and General Plan Land Use Element Policy 1.1, Housing Element Policy 1.2,
Housing Element Policy 2.2, 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 and based of findings, 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.
ITEM NUMBER: 7
DATE: 10-07-03
Staff Comment: The project has been designed to be consistent with the existing
neighborhood character.
5. That the proposed use or project will not generate a volume of traffic beyond the safe
capacity of all roads providing access to the project, either existing or to be improved in
conjunction with the project, or beyond the normal traffic volume of the surrounding
neighborhood that would result from full development in accordance with the Land Use
Element.
Staff Comment: The proposed project and use is consistent with the traffic projections
and road improvements anticipated within the General Plan. The proposed project
density (10 units/acre) equates to a maximum of 6 units on the project site.
Based on staff's analysis in the preceding sections, it appears that all of the required findings
for approval of a Master Plan of Development (Conditional Use Permit) can be made.
7. 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 ".
Housing Element Policy 1.2: "Encourage a variety of high quality developments with
detached units on individual lots or airspace condominiums on commonly owned lots. "
Housing Element Policy 2.2: "Promote and encourage availability of new housing units to
first time homebuyers. "
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 retain the rural atmosphere, 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, including compliance with Council Policy regarding
affordable housing provisions. The project will provide six small lot, single-family dwellings
that fulfill an important housing need within the
incorporates architectural and landscape elements
character of the surrounding neighborhood and
requirement.
8. Proposed Environmental Determination
ITEM NUMBER: 7
DATE: 10-07-03
community. As conditioned, the project
that are consistent with the scale and
the General Plan's appearance review
Staff has prepared an Environmental Impact Assessment in the form of a Draft Mitigated
Negative Declaration, circulated to public agencies and interested members of the public on
September 17, 2003. The environmental analysis identified concerns regarding potential
impacts to aesthetics, air quality, cultural resources, geology & soils, hydrology & water
quality, land use and planning, noise, and utility systems. Mitigation measures pertaining to
these resources are included. A fmding is proposed that this project would not have a
significant effect on the environment based upon the implementation of the identified
mitigation measures.
Staff is recommending the Commission recommend that the City Council certify Proposed
Mitigated Negative Declaration 2003-0051.
CONCLUSION:
The proposed project is consistent with the General Plan and Atascadero Municipal Code, as
analyzed within this staff report. The applicant has proposed design modifications and
agrees with all mitigation measures and conditions of approval. It is staff's opinion that the
proposed project, as conditioned allows the Planning Commission to make all of the required
findings for project approval recommendation to the City Council.
ALTERNATIVES:
The Commission may make modifications to the project and/or conditions of
approval for the project.
2. The Commission may determine that more information is needed on some aspect of
the project and may refer the item back to the applicant and staff to develop the
additional information. The Commission should clearly state the type of information
that is required and move to continue the item to a future date.
3. The Commission may deny the project. The parcel would retain its designation of
Residential MultrFamily. The Commission should specify the reasons for denial of
the project and make an associated finding with such action.
PREPARED BY: Kelly Gleason, Associate Planner
ITEM NUMBER: 7
DATE: 10-07-03
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 Parcel Map
ITEM NUMBER: 7
DATE: 10-07-03
Attachment 1: Location Map, General Plan and Zoning
General Plan
MDR
Zoning District
RMF -10
ATTACHMENT 2: Draft Resolution PC 2003-0098
PD -7 Master Plan of Development (CUP 2003-0087)/ZCH2O02-0036VTTM 2003-0043
Approval of Draft Mitigated Negative Declaration
DRAFT RESOLUTION PC 2003-0098
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ATASCADERO RECOMMENDING THAT THE
CITY COUNCIL CERTIFY PROPOSED MITIGATED NEGATIVE DECLARATION
2003-0051 PREPARED FOR ZONE CHANGE 2002-0036, CONDITIONAL USE
PERMIT 2003-0087 AND TENTATIVE TRACT MAP 2003-0043
APN 031-183-002
(7755 Navajoa Ave/ Huckobey)
WHEREAS, an application has been received from Jack Huckobey (5050 Portola
Rd, 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
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 031-183-002 and,
WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2003-
0051 were prepared for the project and made available for public review in accordance with
the requirements of the California Environmental Quality Act (CEQA); and,
WHEREAS, the Planning Commission of the City of Atascadero held a public
hearing on Tuesday, October 7, 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 2003-0051 based on the following Findings as shown on Exhibit A:
The Proposed Mitigated Negative Declaration has been completed in
compliance with CEQA; and,
2. The Proposed Mitigated Negative Declaration was presented to the Planning
Commission, and the information contained therein was considered by the
Planning Commission, prior to recommending action on the project for which
it was prepared; and,
The project does not have the potential to degrade the environment when
mitigation measures are incorporated into the project.
4. The project will not achieve short-term to the disadvantage of long-term
environmental goals.
Planning Commission Resolution 2003-0035
August 19, 2003
Page 2 of 7
5. The project does not have impacts which are individually limited, but
cumulatively considerable.
6. The project will not cause substantial adverse effects on human beings either
directly or indirectly.
BE IT FURTHER RESOLVED that a copy of this Resolution be delivered
forthwith by the Planning Commission Secretary to the City Council of the City of
Atascadero.
On motion by Commissioner , and seconded by Commissioner the
foregoing resolution is hereby adopted in its entirety by the following roll call vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
ADOPTED:
CITY OF ATASCADERO, CA
Roberta Fonzi
Chairperson
Attest:
Warren M. Frace
Planning Commission Secretary
Planning Commission Resolution 2003-0035
August 19, 2003
Page 3 of 7
Exhibit A Proposed Mitigated Negative Declaration 2003-0051
Planning Commission Resolution 2003-0035
August 19, 2003
Page 4 of 7
ATTACHMENT 3: Draft Resolution PC 2003-0099
PD -7 Master Plan of Development (CUP 2000-0087)/ZCH2O02-0036
Approval of Proposed Zoning Map Change
DRAFT RESOLUTION PC 2003-0099
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ATASCADERO RECOMMENDING THAT THE
CITY COUNCIL APPROVE ZONE CHANGE 2002-0036, AMENDING THE
OFFICIAL ZONING MAP DESIGNATION OF APN 031-183-002
FROM RMF -10 TO RMF -10 / PD -7
(7755 Navajoa Ave / Huckobey)
WHEREAS, an application has been received from Jack Huckobey (5050 Portola
Rd, Atascadero, CA 93422) Applicant and Property Owner to consider a project consisting of
a zone change from RMF -10 (Residential Mul&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 031-183-002 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, October 7, 2003, studied and considered Zone Change
2002-0036, after first studying and considering the Proposed Mitigated Negative Declaration
prepared for the project, and,
Planning Commission Resolution 2003-0035
August 19, 2003
Page 5 of 7
NOW, THEREFORE, the Planning Commission takes the following actions:
SECTION 1. Findings for Approval of a Zone Change to the Official Zoning
Map of Atascadero Creating a PD -7 Planned Development Overlay District. The
Planning Commission finds as follows:
1. Modification of development standards or processing requirements is warranted
to promote orderly and harmonious development.
2. Modification of development standards or processing requirements will enhance
the opportunity to best utilize special characteristics of an area and will have a
beneficial effect on the area.
Benefits derived from the overlay zone cannot be reasonably achieved through
existing development standards or processing requirements.
4. Proposed plans offer certain redeeming features to compensate for the requested
modification.
SECTION 2. Recommendation of Approval. The Planning Commission of the
City of Atascadero, in a regular session assembled on October 7, 2003, resolved to
recommend that the City Council introduce for first reading an ordinance that would rezone
the subject site consistent with the following:
1. Exhibit A: Zone Change Map
Planning Commission Resolution 2003-0035
August 19, 2003
Page 6 of 7
BE IT FURTHER RESOLVED that a copy of this Resolution be delivered
forthwith by the Planning Commission Secretary to the City Council of the City of
Atascadero.
AYES: ( )
NOES: ( )
ABSENT: ( )
ABSTAIN: ( )
ADOPTED:
CITY OF ATASCADERO, CA
Roberta Fonzi
Chairperson
Attest:
Warren M. Frace
Planning Commission Secretary
Planning Commission Resolution 2003-0035
August 19, 2003
Page 7 of 7
Exhibit A: Zone Change Map 2002-0036
ATTACHMENT 4: Draft Resolution PC 2003-0100
PD -7 Master Plan of Development (CUP 2003-0087)/ZCH2O02-0036
Approval of Proposed Master Plan of Development
DRAFT RESOLUTION PC 2003-0100
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 2003-0087) FOR A PD -7 OVERLAY ZONE
OF APN 031-183-002
(7755 Navajoa Ave / Huckobey)
WHEREAS, an application has been received from Jack Huckobey (5050 Portola
Rd, 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 six lot residential Tentative Parcel Map on APN 031-183-002 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, October 7, 2003, studied and considered the Master Plan of
Development (CUP 2002-0087), after first studying and considering the Proposed Mitigated
Negative Declaration prepared for the project, and
NOW, THEREFORI y 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 -7 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.
6. Front yard setbacks are approved at 10 feet from the edge of pavement for the
main residence per Exhibit B as an enhancement within the courtyard design
theme.
SECTION 2. Findings for Approval of Tree Removal Permit. The Planning
Commission finds as follows:
1. The trees were obstructing proposed improvements that could not 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.
SECTION 3. Recommendation of Approval. The Planning Commission of the
City of Atascadero, in a regular session assembled on October 7, 2003, resolved to
recommend that the City Council approval of the Master Plan of Development (CUP 2002-
0087) subject to the following:
1. EXHIBIT A:
Conditions of Approval/Mitigation Monitoring Program
2. EXHIBIT B:
Site plan/ Landscape Plan
3. EXHIBIT C:
Fencing Design
4. EXHIBIT D:
Statistical Summary
5. EXHIBIT E:
Grading and Drainage Plan
6. EXHIBIT F:
Elevations
7. EXHIBIT G:
Floor Plan
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 -7 Master Plan of Development (CUP 2003-0087)/ZCH 2002-0036
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
PS: Planning Services
BL: Business L icense
BS: Building Services
7755 Navajoa Ave
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 2003-0087/ZCH 2002-0036
TO: TemporaryOccupancy
FO: Final Occupancy
WW: Wastewater
CA: City Attorney
Planning Services
1. The approval of this zone change and use permit shall
PS
become final and effective following City Council approval.
2. Approval of this Master Plan of Development shall be valid
FM
PS
concurrently with the life of Tentative Tract Map 2003-
0043 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 Exhibit F and H with the following modifications, subject
to staff approval:
■ Staff shall review and approve final color selections
for neighborhood compatibility and consistency with
the approved Master Plan of Development.
■ Window sill treatment shall be pre -cast or solid wood
elements.
■ Porch railing on units 1 and 4 shall be wood and shall
be painted to match the approved trim color.
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
PS: Planning Services
BL: Business L icense
BS: Building Services
7755 Navajoa Ave
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 2003-0087/ZCH 2002-0036
TO: Temporary Occupancy
F0: Final Occupancy
WW: Wastewater
CA: City Attorney
■ Garage doors shall of architectural grade and shall be
painted to match the body color of each unit.
■ Windows shall be single or double hung vinyl and
shall be complimentary in color to the color schemes
shown in EXHIBIT H.
■ Roof material is to be ofarchitectural grade.
7. All site development shall be consistent with the maximum
BP/FM
PS
intensities described in the statistical project summary as
shown on EXHIBIT D.
8. All site work, grading and site improvements shall be
BP/FM
PS
consistent with the Master Plan of Development as shown
in EXHIBIT B, D and E.
9. A final landscape and irrigation plan shall be approved
BP
PS
prior to the issuance of building permits and included as
part of site improvement plan consistent with EXHIBIT B.
All exterior meters, air conditioning units and mechanical
equipment shall be screened with landscape material.
Trash/recycle container areas shall be screened with
fencing or landscape.
■ All front yards and street facing side yards shal I be
landscaped by the developer. All landscape maintenance
shall be the responsibility of the individual property owner.
■ Street trees shall be 15 -gallon London Plane trees planted
on each lot along Navajoa. Two trees shall be planted on
each street facing lot and shall be evenly spaced.
■ All required landscape trees shall be double staked upon
installation.
■ Where possible, guest parking spaces shall be modified to
provide a landscape planter between the buildings and
the edge of pavement. Colored brick shall separate
parking spaces where designation is necessary.
10. All project fencing shall be installed consistent with
BP
PS
EXHIBIT B and C subject to the following modifications.
a. Fencing shall be constructed of 4 -foot high solid
redwood or cedar boardswith 2 -foot lattice section
above.
b. No fencing shall be placed within the front or corner
yard setback.
c. The design of all fencing shall be compatible with the
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
PS: Planning Services
BL: Business L icense
BS: Building Services
7755 Navajoa Ave
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 2003-0087/ZCH 2002-0036
TO: Temporary Occupancy
F0: Final Occupancy
WW: Wastewater
CA: City Attorney
overall project design, subject to staff approval
11. A Tree Protection Plan shall be prepared for
GP
PS
encroachment within the dripline of native trees located on
BP
adjacent properties.
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 (stucco, materials, lighting,
BP
PS
garage doors) shall be durable, high quality, and
consistent with Exhibit H.
14. 24" box live oak trees shall be planted in the front yard of
FM
PS, CE
Lots 3 and 4.
15. Workforce Housing
FM
PS, CE
Prior to recordation of final map, the applicant shall enter into a
legal agreement with the City to reserve 1/2 of the units for sale
to residents or workers within the City of Atascadero, including
the affordable units. The agreement shall include the following
provisions:
■ The units shall be offered for sale to residents or
workers within the City of Atascadero for a
minimum of 60 -days. During this time period offers
may only be accepted from Atascadero residents or
workers;
■ The applicant shall provide reasonable proof to the
City that at least one of the qualified buyers is a
resident or worker within the City Limits of
Atascadero;
■ The Atascadero resident or worker restriction shall
apply to the initial sale only;
■ The applicant shall identify which units will be
reserved; and
■ The City Attorney shall approve the final form of the
agreement.
Building Services
16. 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
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
PS: Planning Services
BL: Business L icense
BS: Building Services
7755 Navajoa Ave
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 2003-0087/ZCH 2002-0036
TO: Temporary Occupancy
F0: Final Occupancy
WW: Wastewater
CA: City Attorney
in the report are to be incorporated into the project
plans.
Fire Marshal
17. A minimum 16' paved with 20' total clear width access
FM
PS, CE
with a minimum head clearance of 13'-6" is to be
provided to each building location. Twenty -foot clear
width may be provided with use of turf block or low-lying
shrubs along the west side for emergency vehicle
access.
18. The location of all existing and proposed fire hydrants
FM
CE
shall be shown on subsequent building permit
applications.
19. A letter shall be provided from 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.
20. Address signage design shall be provided prior to
FM
CE
issuance of any subsequent building permits.
21. Fire lanes shall be delineated to restrict parking as
FM
CE
required by the Fire Authority.
City Engineer
Site Specific Conditions
22. The applicant shall construct new curb, gutter and
BP
PS/PW
sidewalk, in accordance with City Standards, as shown
on improvement plans, along entire frontage.
23. The applicant shall overlay or slurry seal the entire
BP
PW
street frontage of Navajoa, in accordance with City
Standards.
24. The applicant shall address stormwater detention to the
BP/GP/FM
PW
satisfaction of the City Engineer, prior to Council
approval of the project.
25. The applicant shall pay sewer Extension (Annexation)
BP
PW
and Connection fees upon issuance of building permit.
26. A homeowners association, or other funding and
FM
PW
maintenance agreement shall be submitted for approval
by the City Engineer and City Attorney prior to recording
the final map. The agreement shall cover scheduled
maintenance of the pervious pavers, and maintenance
of the drainage facilities.
27. Existing drainage patterns from adjacent properties
BP
PW
shall not be obstructed.
28. All drainage from improvements shall cross property
FM
PW
lines within drainage easements.
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
PS: Planning Services
BL: Business L icense
BS: Building Services
7755 Navajoa Ave
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 2003-0087/ZCH 2002-0036
TO: TemporaryOccupancy
F0: Final Occupancy
WW: Wastewater
CA: City Attorney
City Engineer
Standard Conditions
29. In the event that the applicant is allowed to bond for the
BP
BS
public improvements required as a condition of this
map, the applicant shall enter into a Subdivision
Improvement Agreement with the City Council.
30. 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.
31. The Subdivision Improvement Agreement shall record
BP
PW
concurrently with the Final Map.
32. 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.
33. The applicant shall enter into a Plan Check/Inspection
BP
BS
agreement with the City.
34. The applicant shall be responsible for the relocation
BP
PW
and/or alteration of existing utilities.
35. 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.
36. The applicant shall monument all property corners for
BP
PW
construction control and shall promptly replace them if
disturbed.
37. A preliminary subdivision guarantee shall be submitted
BP
PW
for review in conjunction with the processing of the
parcel map.
38. 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.
39. Prior to recording the parcel map, the applicant shall
BP
PS/PW
submit a map drawn in substantial conformance with
the approved tentative map and in compliance with all
conditions set forth herein shall be submitted for review
and approval by the City in accordance with the
Subdivision Map Act and the City's Subdivision
Ordinance.
40. Prior to recording the parcel map, the applicant's
BP
PW
surveyor shall set monuments at all new property
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
PS: Planning Services
BL: Business L icense
BS: Building Services
7755 Navajoa Ave
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 2003-0087/ZCH 2002-0036
TO: Temporary Occupancy
F0: Final Occupancy
WW: Wastewater
CA: City Attorney
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.
41. Prior to recording the parcel map, the applicant shall
BP
BS
pay all outstanding plan check/inspection fees.
42. 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.
43. 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.
44. Prior to the final inspection of any public improvements,
BP
PW
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.
Atascadero Mutual Water Company
45. 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.
46. Prior to the issuance of building permits, the applicant
BP
BS
shall obtain a " Will Serve " letter from the Atascadero
Mutual Water Company.
47. Prior to issuance of building permits, the applicant shall
BP
BS
pay all installation and connection fees required by the
Atascadero Mutual Water Company.
48. Private easements may be needed for the private water
BP
BS
service lines that are to serve parcels which do not front
on Navajoa.
Mitigation Measures
Mitigation Measure 1.c.1: If exterior lighting is proposed, it
BP
PS
1.c.1
shall be designed to eliminate any off site glare. All exterior
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
PS: Planning Services
BL: Business L icense
BS: Building Services
7755 Navajoa Ave
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 2003-0087/ZCH 2002-0036
TO: TemporaryOccupancy
F0: Final Occupancy
WW: Wastewater
CA: City Attorney
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 1.c.2: Proposed residences shall utilize a
variety of colors and a minimum of two accent base materials
throughout the project. Color Schemes shall be comprised of a
minimum of three complimentary colors and shall be used to
accentuate building trim and architectural features.
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 I imited 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
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
PS: Planning Services
BL: Business L icense
BS: Building Services
7755 Navajoa Ave
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 2003-0087/ZCH 2002-0036
TO: TemporaryOccupancy
F0: Final Occupancy
WW: Wastewater
CA: City Attorney
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
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: All tree removals shall be mitigated as
GP
BS
4.e.1
prescribed by the Atascadero Native Tree Ordinance.
($2900.00)
Mitigation Measure 6.b: The grading permit application plans
GP
BS
4.e.2
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.
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
PS: Planning Services
BL: Business L icense
BS: Building Services
7755 Navajoa Ave
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 2003-0087/ZCH 2002-0036
TO: TemporaryOccupancy
F0: Final Occupancy
WW: Wastewater
CA: City Attorney
Mitigation Measure 6.c.d: A soils report shall be required to be
GP
BS
4.e.3
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 8.e.f: The developer is responsible for
GP
BS
4.e.4
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 work orders.
Mitigation Measure 11.d: All construction activities shall
GP
BS
4.e.5
comply with the City of Atascadero Noise Ordinance for hours
of operation.
Construction activities shall be limited to the following hours of
operation:
• 7 a.m. to 7 p.m. Monday through Friday
• 9 a.m. to 6 p.m. Saturday
• No construction on Sunday
Further, particularly loud noises shall not occur before 8 a.m.
on weekdays and not at all on weekends.
The hours of construction may be modified by the Community
Development Director upon a determination that unusually
loud construction activities are having a significant impact on
the neighbors.
Failure to comply with the above-described hours of operation
may result in withholding of inspections and possible
construction prohibitions, subject to the review and approval of
the 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. The details of such a sign shall be approved
by staff during the Grading Plan/Building Permit review
process.
;;',:�
IL
Iris►
V.
� 1
'w�riLdS• • � .. ,.�..
a.
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IL
EXHIBIT C: Fencing Design
I
1' TO 2
j
• me C VLM4U./-
EXHIBIT D: Statistical Summary of Project
Proposed Project Summary
Lot 1
Lot 2
Lot 3
Lot 4
Lot 5
Lot 6
Lot Area
4511 sf
3878 sf
3751 sf
3798 sf
3934 sf
4406 sf
Building Footprint
1137 sf
1137 sf
1137 sf
1137 sf
1137 sf
1137 sf
(not to exceed 35%)
25%
29%
30%
30%
29%
26%
Landscaped Area
1804 sf
1558 sf
1616 sf
1630 sf
1653 sf
1840 sf
(minimum 40%)
40%
40%
43%
43%
42%
42%
Covered Parking
2 spaces
2 spaces
2 spaces
2 spaces
2 spaces
2 spaces
Guest Parking
1 spaces 1
2 spaces 1
1 spaces 1
1 spaces 1
1 spaces I
1 spaces
Lower Living Area
1137 1
1137 1
1137 1
1137 1
11371
1137
Upper Living Area
8401
840 1
840 1
840 1
840 1
840
EXHIBIT E: Grading and Drainage Plan
a-- — --�
arw�v va��
EXHIBIT F: ELEVATIONS
111 1 �� 11
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iI ::�iim,a�� umuuiuo,:;,i,;
.ANAVAJ—SI.-ELZIATLONn
EXHIBIT G: FLOOR PLANS
a• a^ a.
T I s• ; r.9 4'-$' 2'-6" 4
- _- �__._J ._
!�
W.d.DGa• li--
O L .uvumiomr
11
h
1 T-6"
LOWER FLUOR PLAN
4 swum l
IMM
UPPER FLOOR PLAN
N
EXHIBIT H: EXTERIOR COLOR & MA•iERIAL SAMPLE BOARD
CULTURED STONE
BUILDING 1 & 3
0 BUILDING 2 & 5
9 BBILDING 4 & 6
ROOF MATERIAL
BUILDINGS 1&3
�.• - •�-�-
0 BUILDINGS 2&5
BUILDINGS 4 & 6,�;� r "
0 TRIM PAINT
0 BUILDING 1 &.3
0 BUILDING 2 & 5 E
9 BUILDING 4 & 6 m
0 STUCCO
9 BUILDING 1& 3
0 BUILDING 2 & 5
• BUILDING 4 & 6
Note: See project
file for colors.
ATTACHMENTS: Draft Resolution PC 2003-0101
PD -7 Master Plan of Development (CUP 2003-0087)/ZCH 2002-0036/TTM 2003-0043
Approval of Proposed Vesting Tentative Tract Map
DRAFT RESOLUTION PC 2003-0101
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ATASCADERO RECOMMENDING THAT THE
CITY COUNCIL APPROVE VESTING TENTATIVE TRACT MAP 2003-0043,
A FOUR LOT MAP CONSISTENT WITH A PD -7 OVERLAY ZONE
OF APN 031-183-002
(7755 Navajoa Ave / Huckobey)
WHEREAS, an application has been received from Jack Huckobey (5050 Portola
Rd, Atascadero, CA 93422) Applicant and Property Owner to consider a project consisting of
a zone change from RMF -10 (Residential Multi=Family) to RMF -10 / PD -7 (Residential
Multi -Family with Planned Development Overlay #7) with the adoption of a Master Plan of
Development, and a four lot residential Tentative Parcel Map on APN 031-183-002 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
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 October 8, 2003, studied and considered Tentative Tract Map 2003-
0043, 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 2003-0087).
4. The site is physically suitable for the type of development proposed.
5. The site is physically suitable for the density of development proposed.
6. The design and improvement of the proposed subdivision will not cause
substantial environmental damage or substantially and unavoidably injure fish and
wildlife or their habitat.
7. The design of the subdivision will not conflict with easements acquired by the
public at large for access through, or the use of property within, the proposed
subdivision; or substantially equivalent alternative easements are provided.
8. The proposed subdivision design and type of improvements proposed will not be
detrimental to the health, safety or welfare of the general public.
SECTION 2. Recommendation of Approval. The Planning Commission of the
City of Atascadero, in a regular session assembled on October 7, 2003, resolved to
recommend that the City Council approval of Vesting Tentative Tract Map (TTM 2003-
0043) subject to the following:
1. Exhibit A: Vesting Tentative Tract Map 2003-0043
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 2003-0043
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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
7755 Navajoa Ave
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
TTM 2002-0043
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 2002-0036 and CUP 2003-0087.
2. Approval of this Tentative Parcel Map shall be valid for
FM
PS
two years after its effective date. At the end of the
period, the approval shall expire and become null and
void unless an extension of time is granted pursuant to
a written request received prior to the expiration date.
3. The Community Development Department shall have
FM
PS
the authority to approve minor changes to the project
that (1) result in a superior site design or appearance,
and/or (2) address a design issue that is not substantive
to the Tentative Tract Map and that the Final Map is in
substantial conformance with the Tentative Map.
4. The Parcel Map shall be subject to additional fees for
FM
PS
park or recreation purposes (QUIMBY Act) as required
by City Ordinance.
5. The granting of this entitlement shall apply to the
On going
PS
property located at 7755 Navajoa Ave (APN 031-183-
002) regardless of owner.
6. 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.
7. 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,
concerning the subdivision.
8. 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 and pay in -lieu
fees for the factional portion owed in excess of one unit,
or pay an in -lieu fee based on 2.50% of the valuation of
each of the market rate units.
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
GP: Grading Permit
PS: Planning Services
7755 Navajoa Ave
BP: Building Permit
SIP: Subdivision
BS: Building Services
FD: Fire Department
Vesting Tentative Tract Ma
g p
Improvement Plans
FM: Final Map
PD: Police Department
CE: City Engineer
TTM 2002-0043
TO: Temporary Occupancy
FI: Final inspection
WW: Wastewater
CA: City Attorney
F0: Final Occupancy
AMWC: Water Comp.
Building Services
11. A soils investigation prepared by a licensed
FM
PS, BS, CE
Geotechnical Engineer is to be provided for the
project. The report is to be provided at the time of
building permit submittal along with the building plans
for review by the Building Division.
Recommendations contained in the report are to be
incorporated into the project plans.
Fire Marshal
12. A minimum 16' paved with 20' total clear width access
FM
PS, CE
with a minimum head clearance of 13'-6" is to be
provided to each building location. Twenty -foot clear
width may be provided with use of turf block or low-
lying shrubs along the west side for emergency
vehicle access.
13. The location of all existing and proposed fire hydrants
FM
CE
shall be shown on subsequent building permit
applications.
14. A letter shall be provided from Atascadero Mutual
FM
CE
Water Company stating the minimum expected water
available to the site. Amount available must meet
minimum requirement specified in the California Fire
Code.
15. Address signage design shall be provided prior to
FM
CE
issuance of any subsequent building permits.
16. Fire lanes shall be delineated to restrict parking as
FM
CE
required by the Fire Authority.
City Engineer
Site Specific Conditions
49. The applicant shall construct new curb, gutter and
BP
PS/PW
sidewalk, in accordance with City Standards, as
shown on improvement plans, along entire
frontage.
50. The applicant shall overlay or slurry seal the entire
BP
PW
street frontage of Navajoa, in accordance with City
Standards.
51. The applicant shall address stormwater detention
BP/GP/FM
PW
to the satisfaction of the City Engineer, prior to
grading and drainage approval, or approval of the
final map.
52. The applicant shall pay sewer Extension
BP
PW
(Annexation) and Connection fees upon issuance
of building permit.
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
GP: Grading Permit
PS: Planning Services
BP: Building Permit
BS: Building Services
7755 Navajoa Ave
SIP: Subdivision
FD: Fire Department
Vesting Tentative Tract Ma
g p
Improvement Plans
FM: Final Map
PD: Police Department
CE: City Engineer
TTM 2002-0043
TO: Temporary Occupancy
FI: Final inspection
WW: Wastewater
CA: City Attorney
F0: Final Occupancy
AMWC: Water Comp.
53. A homeowners association, or other funding and
FM
PW
maintenance agreement shall be submitted for
approval by the City Engineer and City Attorney
prior to recording the final map. The agreement
shall cover scheduled maintenance of the pervious
pavers, and maintenance of the drainage facilities.
54. Existing drainage patterns from adjacent
BP
PW
properties shall not be obstructed.
55. All drainage from improvements shall cross
FM
PW
property lines within drainage easements.
City Engineer
Standard Conditions
56. In the event that the applicant is allowed to bond for
BP
BS
the public improvements required as a condition of
this m ap, the applicant shall enter into a
Subdivision Improvement Agreement with the City
Council.
57. 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.
58. The Subdivision Improvement Agreement shall
BP
PW
record concurrently with the Final Map.
59. 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.
60. The applicant shall enter into a Plan
BP
BS
Check/Inspection agreement with the City.
61. The applicant shall be responsible for the relocation
BP
PW
and/or alteration of existing utilities.
62. The applicant shall install all new utilities (water,
BP
BS
gas, electric, cable TV and telephone)
underground. Utilities shall be extended to the
property line frontage of each lot or its public utility
easement.
63. The applicant shall monument all property corners
BP
PW
for construction control and shall promptly replace
them if disturbed.
64. A preliminary subdivision guarantee shall be
BP
PW
submitted for review in conjunction with the
processing of the parcel map.
65. All existing and proposed utility, pipeline, open
BP
PS/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
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
GP: Grading Permit
PS: Planning Services
7755 Navajoa Ave
BP: Building Permit
SIP: Subdivision
BS: Building Services
FD: Fire Department
Vesting Tentative Tract Ma
g p
Improvement Plans
FM: Final Map
PD: Police Department
CE: City Engineer
TTM 2002-0043
TO: Temporary Occupancy
FI: Final inspection
WW: Wastewater
CA: City Attorney
F0: Final Occupancy
AMWC: Water Comp.
noted on the parcel map. The applicant shall show
all access restrictions on the parcel map.
66. Prior to recording the parcel map, the applicant
BP
PS/PW
shall submit a map drawn in substantial
conformance with the approved tentative map and
in compliance with all conditions set forth herein
shall be submitted for review and approval by the
City in accordance with the Subdivision Map Act
and the City's Subdivision Ordinance.
67. 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.
68. Prior to recording the parcel map, the applicant
BP
BS
shall pay all outstanding plan check/inspection
fees.
69. 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, 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.
70. 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.
71. 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.
Atascadero Mutual Water Company
17. 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.
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
GP: Grading Permit
PS: Planning Services
7755 Navajoa Ave
BP: Building Permit
SIP: Subdivision
BS: Building Services
FD: Fire Department
Vesting Tentative Tract Ma
g p
Improvement Plans
FM: Final Map
PD: Police Department
CE: City Engineer
TTM 2002-0043
TO: Temporary Occupancy
FI: Final inspection
WW: Wastewater
CA: City Attorney
F0: Final Occupancy
AMWC: Water Comp.
18. Prior to the recordation of the Final Map, the applicant
BP
BS
shall obtain a " Will Serve " letter from the Atascadero
Mutual Water Company.
19. Prior to issuance of building permits, the applicant
BP
BS
shall pay all installation and connection fees required
by the Atascadero Mutual Water Company.
20. Show all fire suppression appurtenances required by
BP
BS
the Atascadero Fire Department.
21. 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.
22. A 5-foot drainage easement shall be recorded
BP
PW
on the final map along the south property line of
Parcel A and Parcel B and the east property line
of Parcel B.
23. Existing drainage patterns from adjacent
BP
PW
properties shall not be obstructed.
24. All drainage from improvements shall cross
BP
PW
property lines within drainage easements.
Mitigation Measures
Mitigation Measure 1.c.1: If exterior lighting is proposed, it
BP
PS
1.c.1
shall be designed to 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 1.c.2: Proposed residences shall utilize a
variety of colors and a minimum of two accent base materials
throughout the project. Color Schemes shall be comprised of a
minimum of three complimentary colors and shall be used to
accentuate building trim and architectural features.
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.
Conditions of Approval /
Mitigation Monitoring Program
7755 Navajoa Ave
Vesting Tentative Tract Ma
g p
TTM 2002-0043
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
• 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:
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.
Conditions of Approval /
Timing
Responsibility
Mitigation
Mitigation Monitoring Program
/Monitoring
Measure
GP: Grading Permit
PS: Planning Services
BP: Building Permit
BS: Building Services
7755 Navajoa Ave
SIP: Subdivision
FD: Fire Department
Vesting Tentative Tract Ma
g p
Improvement Plans
FM: Final Map
PD: Police Department
CE: City Engineer
TTM 2002-0043
TO: Temporary Occupancy
FI: Final inspection
WW: Wastewater
CA: City Attorney
F0: Final Occupancy
AMWC: Water Comp.
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.
Mitigation Measure 4.e: All tree removals shall be mitigated as
GP
BS
4.e.1
prescribed by the Atascadero Native Tree Ordinance.
($2900.00)
Mitigation Measure 6.b: The grading permit application plans
GP
BS
4.e.2
shall include erosion control measures to prevent soil, dirt, and
debris from entering the storm drain system during and after
construction. A separate plan shall be submitted for this
purpose and shall be subject to review and approval of the City
Engineer at the time of Building Permit application.
Mitigation Measure 6.c.d: A soils report shall be required to be
GP
BS
4.e.3
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 8.e.f: The developer is responsible for
GP
BS
4.e.4
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 work orders.
Conditions of Approval /
Mitigation Monitoring Program
7755 Navajoa Ave
Vesting Tentative Tract Ma
g p
TTM 2002-0043
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: All construction activities shall
GP
BS
4.e.5
comply with the City of Atascadero Noise Ordinance for hours
of operation.
Construction activities shall be limited to the following hours of
operation:
• 7 a.m. to 7 p.m. Monday through Friday
• 9 a.m. to 6 p.m. Saturday
• No construction on Sunday
Further, particularly loud noises shall not occur before 8 a.m.
on weekdays and not at all on weekends.
The hours of construction may be modified by the Community
Development Director upon a determination that unusually
loud construction activities are having a significant impact on
the neighbors.
Failure to comply with the above-described hours of operation
may result in withholding of inspections and possible
construction prohibitions, subject to the review and approval of
the 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. The details of such a sign shall be approved
by staff during the Grading Plan/Building Permit review
process.
\\Cityhall\CDvlpmnt\-ZCH - Zone Change\ZC 02\ZCH 2002-0036 7755 Navajoa\ZCH 2002-0036 PC-
SR.kg.doc
Planning Commission Staff Report
SUBJECT:
ITEM NUMBER: 8
DATE: 10-07-03
San Diego Apartments
Conditional Use Permit 2003-0095
(9190 San Diego Way / JRM Development)
The proposed project consists of an application to construct an 86 -unit apartment
development to include 74 two-bedroom units and 12 three-bedroom units, parking,
landscaping, and wetland mitigation.
RECOMMENDATIONS:
Staff Recommends:
1. Adopt Resolution No. PC 2003-0102 certifying Proposed Mitigated Negative Declaration
2003-0035 and approving the Master Plan of Development (CUP 2003-0095) based on
findings and subject to Conditions of Approval and Mitigation Monitoring.
ITEM NUMBER: 8
DATE: 10-07-03
SITUATION AND FACTS:
1. Applicant / Representative: JRM Development
1050 Herdsman Way, Templeton, CA 93465
2. Project Address: 9190 San Diego Way, Atascadero, CA 93422
(San Luis Obispo County) APN 045-352-002, 003, 004,
006,007
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
General Plan Designation: High -Density Residential
(16 units/acre)
RMF -16 (Residential Multiple Family)
4.06 acres gross, 3.97 acres net
Single Family Residences
Proposed Mitigated Negative Declaration 2003-0011
The proposed project is an %-unit apartment complex consisting of twenty-one 4 -unit
apartment buildings connected by common pathways, landscaping, and pocket park.
Seventy-four units are proposed as two-bedroom units of approximately 864 square feet and
the twelve remaining units are proposed as three-bedroom units of approximately 1,048
square feet. The project includes on-site parking spaces for 195 residents or guests.
Project Summary Table
Lot Area
3.997ac net
Building coverage
43,800 sqft
(not to exceed 50%)
25.15%
Outdoor recreation area
43,677 sqft
Parking Spaces
195 total
Covered
86
Guest
17
2. Background
ITEM NUMBER: 8
DATE: 10-07-03
ounding Land Use and Setting:
;h: High Density Residential
;h: Commercial Retail — Mixed -Use Planned
Development designation
High Density Residential/Commercial
Tourist
t: High Density Residential
The General Plan and Zoning Ordinance identifies the project site, along with adjacent
properties to the north, east, and west as High -Density Residential with a maximum density
of 16 dwelling units per acre. Properties to the south are zoned as Commercial Retail with a
Mixed -Use Planned Development General Plan designation, allowing for a potential of 16
dwelling units per acre maximum on portions of the site dedicated to residential
development. The General Plan further identifies the southern properties as "Dove Creek", a
200 unit, 300,000 square foot commercial mixed use master planed development. The project
site is zoned multi family residential and is consistent with the General Plan.
ITEM NUMBER: 8
DATE: 10-07-03
A Conditional Use Permit is required for all multifamily projects that propose 12 units or
more. This proposed Master Plan of Development incorporates site development standards
and appearance review, including architecture, landscaping, and site design.
3. Design and Appearance
The project has incorporated amenities including a small tot lot and park area, pedestrian
connections to future development at the "Dove Creek" site, and wetland habitat
rehabilitation. Per ordinance requirements, each unit will have one covered parking space and
all units will have access to the proposed open space areas. The buildings have been designed
to utilize colors and materials that blend with the natural environment and architectural
features have been incorporated which enhance the overall appearance and scale of the
proj ect.
The applicant has worked closely with staff in designing the apartment development with
special architectural features, upgraded building materials, compatible colors, and landscape
design. In addition, staff has added conditions of approval consistent with General Plan &
Zoning requirements, as identified below.
Architecture, Materials, Color
The proposed multi family buildings provide a mix of clapboard siding and stucco siding
with traditional window placements and ledgestone veneer base. Roof forms, eve brackets,
and deep earth tone colors have been selected to emphasize a residential craftsman -type
architectural appearance. Tower elements lave also been included on buildings visible from
San Diego Way and El Camino Real as an architectural upgrade and to provide additional
visual interest. Staff concurs with the proposed exhibits which depict the proposed buildings
incorporating the following architectural embellishments, as appropriate to the selected
architectural design: plaster trim around all windows; banding; masonry and clapboard
siding; ledgestone building base, bracketed entry elements; composition roofing materials;
decorative vents; decorative iron treatment, recessed doors and windows; divided light
windows; ornamental lighting; a minimum of two colors per residential building with a third
accent color (Condition 12). All trash storage, recycle storage, and air conditioning units will
be screened from view behind fenced or landscaped enclosures (Condition 15).
Earth -toned colors emphasizing sage, olive, and tan color combinations are proposed
throughout the project. Staff has included a condition that the colors be slightly varied
amongst the 21 buildings (Condition 12). The buildings will share the same antique slate
colored composition roof material. All trash storage, recycle storage, and air conditioning
units will be screened from view behind fenced or landscaped enclosures. Each community
trash enclosure is designed to accommodate both trash and recycling and will be designed to
utilize a dark color split faced block with solid corrugated metal doors, materials, and
compatible colors (Condition 15).
ITEM NUMBER: 8
DATE: 10-07-03
Staff notes that the applicant agrees with all of the appearance -related mitigation measures
and conditions of approval regarding architectural features and materials which enhance the
overall appearance of the residential buildings.
Building Elevations
.11 ■o1 a�I■ -, I11, 11
Landscape Design
The siting of the buildings provides a range of 10' to 20' setbacks along El Camino Real and
San Diego Road for landscaping and pedestrian sidewalks. Frontage along San Diego Road
will be landscaped from the back of sidewalk with turf grass and deciduous shade trees.
Frontage along El Camino Real will include a range of 15 to 20 -foot setbacks, incorporating
an 8 -foot wide street tree parkway with a 5 -foot wide sidewalk and a dense planting of
additional shade and accent trees and shrubs behind the sidewalk. Landscaping along the
southern portion of the site, adjacent to the off-site wetland and onsite wetland restoration
area will include native tree and shrub plantings (Condition 16). The internal portions of the
site between buildings will be comprised of shallow turf grass drainage detention basins,
groundcovers and shade trees. Parking areas will also include shade tree plantings.
A tot lot play amenity will be provided at the southeastern portion of the site. The tot lot
shall, at a minimum, include a commercial grade swing set, slide, climbing apparatus or
similar equipment on a soft surface designed for the safety and enjoyment of young children.
The tot lot shall include pedestrian connection from nearby sidewalks and/or housing areas
ITEM NUMBER: 8
DATE: 10-07-03
and shall include durable seating arrangements for adults and children. Tot lots shall be
landscaped and include shade trees. With the exception of perimeter fencing, all common
areas, including the tot lot, are proposed to be unfenced, open, and accessible (Condition 13).
Two entry monument signs are proposed at each project entrance. The signage column and
base material shall be designed to match the ledgestone base material proposed for the
project buildings (Condition 14). A 5 -foot high metal picket fence with masonry columns 16 -
feet on center is proposed along the north, south, and east project boundaries to provide a
barrier between the proposed project and adjacent uses and streets. The proposed fencing is
designed to be low and transparent to retain views of the adjacent wetland and open space
areas and to establish a landscape theme along this portion of El Camino Real. Fence
columns finish shall match the ledgestone building material treatment (Condition 14).
Due to the on-site topography, the tse of retaining walls up to 4 feet in height are required
along the easterly edge of the site parallel to El Camino Real. A condition of approval has
been included to design such walls to utilize dark color split face block compatible with the
color scheme and texture of proposed project materials (Condition 15).
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Two entry monument signs are proposed at each project entrance. The signage column and
base material shall be designed to match the ledgestone base material proposed for the
project buildings (Condition 14). A 5 -foot high metal picket fence with masonry columns 16 -
feet on center is proposed along the north, south, and east project boundaries to provide a
barrier between the proposed project and adjacent uses and streets. The proposed fencing is
designed to be low and transparent to retain views of the adjacent wetland and open space
areas and to establish a landscape theme along this portion of El Camino Real. Fence
columns finish shall match the ledgestone building material treatment (Condition 14).
Due to the on-site topography, the tse of retaining walls up to 4 feet in height are required
along the easterly edge of the site parallel to El Camino Real. A condition of approval has
been included to design such walls to utilize dark color split face block compatible with the
color scheme and texture of proposed project materials (Condition 15).
ITEM NUMBER: 8
DATE: 10-07-03
Site Plan, Circulation, Parking
The site plan has been designed to incorporate a series of two-story attached multi -family
buildings placed into a campus -type setting. Buildings have been set back from El Camino
Real and San Diego Road to retain a semi -rural sense of openness as currently exists on the
site. Development adjacent to the off-site (Dove Creek) wetland has been designed to reduce
environmental impacts and provide an area for on-site wetland restoration.
Circulation improvements include complete street frontage improvements along the project
frontage of El Camino Real and San Diego Road. The project includes two access drives
with special entry paving treatment along San Diego Road. The access drives connect within
the site serving resident and guest parking spaces. An additional emergency vehicle access
will be provided from El Camino Real. In addition, a bus turn -out and shelter will be located
along the El Camino real frontage.
The proposed project provides a total of 195 parking spaces as required by code (See table
below). 86 of the spaces will be covered with a simple shade structure (Exhibit H, Condition
20). Shaded spaces are distributed throughout the project and are designed to be compatible
with the project architecture.
Site Drainage
The site is moderately sloped to the south-west. Shallow stormwater detention basins have
been incorporated into the design of the usable common open space areas. Detention basins
have been designed to hold or -site stormwater for short durations during and immediately
after 50 -year storm events. The use of these areas as a resident amenity will not be limited
by the temporary water capacity of the proposed basins and a Condition has been added to
ensure that these areas remain open and accessible to residents and guests and shall not be
fenced (Condition 13). On-site drainage is also designed to create and enhance an on-site
wetland restoration area located along the southerly boundary of the site as discussed further
in Section 4 of this report.
Wastewater
The project will be connected to City Sewer.
Parking
# of units
Required spaces
Spaces
Provided
Two Bedroom Units
74
2
148
Three Bedroom Units
12
2.5
30
Guest Parking
86
1/5 units
17.2
Total Parking
spaces required
195.2
Site Drainage
The site is moderately sloped to the south-west. Shallow stormwater detention basins have
been incorporated into the design of the usable common open space areas. Detention basins
have been designed to hold or -site stormwater for short durations during and immediately
after 50 -year storm events. The use of these areas as a resident amenity will not be limited
by the temporary water capacity of the proposed basins and a Condition has been added to
ensure that these areas remain open and accessible to residents and guests and shall not be
fenced (Condition 13). On-site drainage is also designed to create and enhance an on-site
wetland restoration area located along the southerly boundary of the site as discussed further
in Section 4 of this report.
Wastewater
The project will be connected to City Sewer.
ITEM NUMBER: 8
DATE: 10-07-03
4. Wetland Rehabilitation
The project site contains a degraded wetland in areas along the south and east boundaries
which extends partially onto the project site. The project biological assessment determined
that the project as proposed will disturb portions of the existing wetland area. As such, the
project is conditioned to comply with all applicable regulations developed by Althouse and
Mead, Inc. in their biological review, (Exhibit J), pertaining to building location and wetland
reconstruction methods. Implementation of the following mitigation measures prior to,
during, and following site construction will serve to avoid and/or minimize adverse indirect
impacts to Waters of the U.S. and wetlands within the proposed project area (Mitigation
Measure4.b.1.):
a) Buildings 124/125 and 126/127 have been relocated to allow for the reconstruction of
a designated wetland area onsite.
b) The applicant will be required to comply with all requirements and regulations set
forth by governing state agencies and shall obtain the necessary permitting as
discussed below.
The applicant shall contact the Army Corps of Engineers prior to permit issuance
and shall request authorization to install culverts, impact degraded wetlands, and
create functional wetlands under Nationwide Permits, NW #7 Outfall Structures,
NW # 18 Minor Discharges, and NW #27 Stream and Wetland Restoration
Activities.
■ The applicant shall develop a wetland mitigation site at a ration of 2:1, based on
anticipated ratios required by the Army Corps of Engineers, which shall be
located adjacent to the established wetlands at the southerly border of the subject
property and which will be located in the area of the existing degraded wetlands
habitat.
c) The applicant shall provide a full biologist report, prior to the entitlement hearing,
that identifies all sensitive habitats on and adjacent to the project site, and certifying
the proposed development plan in regards to wetland mitigations.
d) The project applicant shall retain a qualified biologist to conduct a pre -construction
survey of the onsite wetlands area and to report the survey results to the City. This
biologist shall also place protective fencing at the protected wetlands boundary to
ensure that construction activities do not impact the noted areas. A note to this effect
shall be placed on the approved construction/grading plans with the provision that
CDFG shall be notified if the pre -construction survey finds additional wetland habitat
onsite, and that construction work is the area shall not proceed without specific
direction from the CDFG.
ITEM NUMBER: 8
DATE: 10-07-03
e) A qualified biologist shall be present during phases of construction that are conducted
adjacent to the identified wetland habitat. The biologist shall submit regular reports to
the Community Development Department verifying the integrity of the impacted
areas. Upon project completion and prior to final occupancy a final status report shall
be prepared by the project biologist certifying that the stated wetland protection and
mitigation measures were implemented and that the construction -related protection
and enhancement measures are no longer required.
5. Affordable Housing
The applicant is requesting a 35% density bonus (22 units) for the provision of affordable
income units. The granting of this density bonus requires that all of the additional units
gained be deed restricted as affordable for a period of 30 years. The State mandates that
either 10% of the units be deed restricted as very low-income units, or 20% of the units be
deed restricted as low-income units. According to the San Luis Obispo County Department
of Planning & Building, as of April 2003, a 2 -bedroom moderate level affordable unit only
qualifies if the rent does not exceed $ 779 per month at the low-income level and $649 per
month at the very low-income level with a 30 -year deed restriction commitment. For a three-
bedroom unit, the maximum rental price per month is $935 per month for a low-income
level, or $837 at a very low-income level with a 30 year deed restriction recorded. These
numbers are subject to change as they may be adjusted monthly. A condition has been added
to ensure that this state requirement is met and maintained over the required 30 -year period
(Condition 11).
6. Project Benefits Summary
The project provides a number of resident and community benefits which include the
following: 1) provision of affordable housing units; 2) mitigation and rehabilitation of
existing degraded wetland areas; 3) pedestrian connections to adjacent project sites, 4)
resident amenities including open space courtyards and a tot lot; 5) provision of a transit
turn -out and shelter provided along El Camino Real; and 6) superior architectural design and
incorporation of quality materials throughout the project.
7. Conditional Use Permit Findings
As previously mentioned, a Conditional Use Permit is required for the proposed project. 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.
ITEM NUMBER: 8
DATE: 10-07-03
Staff Comment: The use is consistent with the Multi -Family Residential designation of
the Plan and General Plan Land Use Element Policy 1.1.2, and Housing Element Policy
4.3.
2. The proposed project or use satisfies all applicable provisions of the Zoning Ordinance.
Staff Comment: As conditioned, the project satisfies all zoning code provisions.
3. The establishment, and subsequent operation or conduct of the use will not, because of
the circumstances and conditions applied in 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. 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 surrounding
neighborhood character. Surrounding uses include high-density residential projects and
Neighborhood Commercial developments.
5. The proposed use or project will not generate a volume of traffic beyond the safe capacity
of all roads providing access to the project, either existing or to be improved in
conjunction with the project, or beyond the normal traffic volume of the surrounding
neighborhood that would result from full development in accordance with the Land Use
Element.
Staff Comment: The proposed project and use is consistent with the traffic projections
and road improvements anticipated within the General Plan. The proposed project
density equates to a maximum of 86 units on the project site. The applicant has agreed to
provide full improvements of San Diego Way and El Camino Real adjacent to the site in
addition to extending the improvements to include the intersection at San Diego Way and
El Camino Real, under agreement with the City, to alleviate heightened and future traffic
impacts at this time.
Based on staff's analysis in the preceding sections, it appears that all of the required findings
for approval of a Conditional Use Permit can be made.
ITEM NUMBER: 8
DATE: 10-07-03
8. General Plan Consistency
The project as proposed meets a number of General Plan policies related to infill
development, affordable housing provisions, and smart growth. Land Use Policy 1.1 supports
"guiding new development into the Urban Core" calling for infill development which
conforms to the historic Colony land use patterns of the City. The project as proposed will
focus high-density residential development along the El Camino Real Corridor in an area of
existing higher density developments and neighborhood commercial uses. General Plan
Housing Policy 1.1 supports the production of new housing "to meet the needs of all
household types". The permitted residential density of 64 units will be supplemented by a 35
percent density bonus allowance for the provision of a minimum of 9 very low or 17 low-
income deed -restricted affordable units per State entitlements related to density bonus
allowances.
Implementing General Plan programs require appearance review of architectural design,
materials, street trees, and landscaping to maintain the semi -rural atmosphere and protect the
environment including the adjacent wetlands. The General Plan also requires that projects
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 project design quality, density, wetlands
reconstruction, and the inclusion of affordable -income units. The project will provide 86
one and two bedroom apartment units 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 a high-density residential project, the
surrounding neighborhood, and the General Plan's appearance review and density bonus
requirements.
9. Proposed Environmental Determination
Staff has prepared a Draft Mitigated Negative Declaration. The document was circulated to
public agencies and interested members of the public on August 4th, 2003. The biological
assessment and wetland reconstruction proposal has been incorporated into the
environmental documentation. The environmental analysis identified concerns regarding
potential impacts to Biological Resources and area Traffic. Mitigation measures pertaining to
the project design, right-of-way improvements, and wetlands rehabilitation 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 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. Staff is recommending the
Commission certify Proposed Mitigated Negative Declaration 2003-0035.
ITEM NUMBER: 8
DATE: 10-07-03
CONCLUSION:
The proposed project is consistent with the General Plan and Atascadero Municipal Code, as
analyzed within this staff report. The applicant has proposed design modifications and
agrees with all mitigation measures and conditions of approval. It is staff's opinion that the
proposed project, as conditioned allows the Planning Commission to make all of the required
findings for project approval recommendation to the City Council.
ALTERNATIVES:
The Commission may make modifications to the project and/or conditions of
approval for the project.
2. The Commission may determine that more information is needed on some aspect of
the project and may refer the item back to the applicant and staff to develop the
additional information. The Commission should clearly state the type of information
that is required and move to continue the item to a future date.
3. The Commission may deny the project. The parcel would retain its designation of
Residential Multi -Family. The Commission should specify the reasons for denial of
the project and make an associated finding with such action.
PREPARED BY: Kelly Gleason, Associate Planner
ATTACHMENTS:
Attachment 1: Location Map, Zoning and General Plan
Attachment 2: Draft Resolution PC 2003-0102 to Approve Proposed Master Plan of
Development Cup 2003-0095
Attachment 1: Location Map, General Plan and Zoning
ri
San Diego Way -"
i
e�
a
k
Highway 101
L i
General Plan
MDR
Zoning District
RMF -16
ino Real
ITEM NUMBER: 8
DATE: 10-07-03
Viejo Camino
ITEM NUMBER: 8
DATE: 10-07-03
ATTACHMENT 2: Draft Resolution PC 2003-0102
CUP 2003-0095
Approval of Draft Mitigated Negative Declaration
DRAFT RESOLUTION PC 2003-0102
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ATASCADERO CERTIFYING PROPOSED MITIGATED
NEGATIVE DECLARATION 2003-0035 AND APPROVING MASTER
PLAN OF DEVELOPMENT (CUP 2003-0095)
APN 045-352-002, 003, 004, 006, 007
(9190 San Diego Way / JRM Development)
WHEREAS, an application has been received from JRM Development (1050
Herdsman Way, Templeton, CA 93465), Applicant, to consider a project consisting of a an
86 unit multi -family development (CUP 2003-0095) located at 9190 San Diego Way (APN
045-352-002, 003, 004, 006, 007); and,
WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2003-
0035 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, October 7, 2003 following the close of the review period to consider the
Initial Study and Proposed Mitigated Negative Declaration; and,
SECTION 1. FINDINGS FOR CERTIFICATION OF THE PROPOSED
MITIGATED NEGATIVE DECLARATION. The Planning Commission finds as
follows:
1. The project does not have the potential to degrade the environment when
mitigation measures are incorporated into the project's mitigation monitoring
program as conditions of approval; and,
2. The project will not achieve short-term to the disadvantage of long term
environmental goals; and,
3. The project does not have impacts which are individually limited, but
cumulatively considerable; and,
4. The project will not cause substantial adverse effects on human beings either
directly or indirectly; and,
SECTION 2. FINDINGS FOR APPROVAL OF CONDITIONAL USE
PERMIT. The Planning Commission finds as follows:
1. The proposed project is consistent with the General Plan; and,
2. The proposed project satisfies all applicable provisions of the Zoning Ordinance; and,
3. The establishment, and subsequent operation or conduct of the use will not, because
of the circumstances and conditions applied in this particular case, be detrimental to
the health, safety, or welfare of the general public or persons residing or working in
the neighborhood of the use, or be detrimental or injurious to property or
improvements in the vicinity of the use; and,
4. The proposed project will not be inconsistent with the character of the immediate
neighborhood or contrary to its orderly development; and,
5. The proposed project will not generate a volume of traffic beyond the safe capacity of
all roads providing access to the project, either existing or to be improved in
conjunction with the project, or beyond the normal traffic volume of the surrounding
neighborhood that would result from the full development in accordance with the
Land Use Element.
SECTION 3. APPROVAL OF CONDITIONAL USE PERMIT. The Planning
Commission does hereby approve Conditional Use Permit 2003-0095 to establish an 86 -unit
multifamily development at 9190 San Diego Way. (APN 045-352-002, 003, 004, 006, 007),
consistent with the following Exhibits:
EXHIBIT A:
Proposed Mitigated Negative Declaration
EXHIBIT B:
Conditions of Approval
EXHIBIT C:
Site Plan
EXHIBIT D:
Grading and Drainage Plan
EXHIBIT E:
Landscape Plan
EXHIBIT F:
Elevations
EXHIBIT G:
Floor Plans
EXHIBIT H:
Shade Structure Design
EXHIBIT I: Materials Board
EXHIBIT J: Preliminary Biological Assessment; Althouse and Mead
EXHIBIT K: Project Statistical Summary
EXHIBIT L: Off-site Public Improvement 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
Chairperson
Attest:
Warren M. Frace
Planning Commission Secretary
EXHIBIT A: Draft Mitigated Declaration 2003-0035
CUP 2003-0095
EXHIBIT B: Conditions of approval
CUP 2003-0095
Conditions of Approval /
Timing
Responsibility
Mitigatio
Mitigation Monitoring Program
/Monitoring
n
PS: Planning Services
Measure
BL: Business
BS: Building Services
9190 San Diego Way
License
FD: Fire Department
GP: Grading Permit
PD: Police Department
Southside Villas
BP: Building Permit
CE: City Engineer
CUP 2003-0095
FI: Final Inspection
TO: Temporary
WW: Wastewater
CA: City Attorney
Occupancy
F0: Fn al
Occupancy
Planning Services
1. This conditional use permit shall be for a 86-unitmulti-family
PS
development, parking lot, and landscaping on a 4.06 -acre site as
described on the attached exhibits and located on parcel 045-352-002,
003, 004, 006, 007regardless of owner.
approval
2. The approval of this use permit shall become final and effective for the
FM
PS
purposes of issuing building permits fourteen (14) days following the
Planning Commission approval unless prior to the tim e, an appeal to the
decision is filed as set forth in Section 9-1.111(b) of the Zoning
Ord inance.AppfGva-I ��a of no„ohn �n ho „ter
3. The Community Development Department shall have the authority to
BP / FM
PS
approve the following minor changes to the project that (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 Conditional Use Permit.
4. Approval of this Conditional Use Permit shall be valid for twelve (12)
BP / FM
PS
months after its effective date. At the end of the period, the approval
shall expire and become null and void unless the project has received a
building )ermit.
P@IPmi+S Shall ho GAPSiS+on+y-,i+h the N4astpr Dlan of novolnv.mov.+
5. All exterior elevations, finish materials and colors shall be consistent with
BP
PS
the Master Plan of Development as shown in Exhibit F, H, and I.
6. All site development shall be consistent with the maximum intensities
BP/FM
PS
described in the statistical project summary as shown on EXHIBIT K.
7. All site work, grading and site improvements shall be consistent with the
BP/FM
PS
Master Plan of Development as shown in EXHIBIT C, D, and E.
Conditions of Approval /
Timing
Responsibility
Mitigatio
Mitigation Monitoring Program
/Monitoring
n
PS: Planning Services
Measure
BL: Business
BS: Building Services
9190 San Diego Way
License
FD: Fire Department
Southside Villas
GP: Grading Permit
BP: Building Permit
PD: Police Department
CE: City Engineer
CUP 2003-0095
Fl: Final Inspection
TO: Temporary
WW: Wastewater
CA: City Attorney
Occupancy
F0: Rn at
Occupancy
8. A final landscape and irrigation plan shall be approved prior to the
BP
PS
issuance of building permits and included as part of site improvement
plan consistent with EXHIBIT E. 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.
9. All project fencing shall be installed consistent with EXHIBIT E subject to
BP
PS
the following modifications.
a. Fence pillars shall incorporate ledgestone consistent with the
approved building base materials.
b. All fencing shall be low and transparent in nature and shall not
exceed a height of 5 feet with columns at a maximum of 6 feet high.
c. Fencing shall be set back 5 feet from the property line at EI Camino
Real. No fencing shall be located along San Diego Way.
10. Retaining walls shall incorporate design & materials to utilize dark color
GP
PS
split face block, subject to staff approval.
BP
11. Affordable Housing Requirement: The applicant shall set aside 9 units
FM, BP
PS, CE
at the very low-income rate, or 17 units at thev4p/-low-income rate for a
period of 30 years.
12. All exterior material finishes (stucco, materials, lighting) shall be durable,
BP
PS
high quality, and consistent with the elevations shown in EXHIBIT F, H,
and I. with the incorporation of the following, subject to staff approval:
A Ledgestone or similar material shall be incorporated into the base
material of the residential buildings and shall wrap to include the
side and rear elevations.
B. Clapboard siding shall be incorporated into the design of the tower
elements identified on Buildings 101, 129, 130, and 143 to match
entry elements as shown in exhibit F.
C. Window trim shall be consistently applied on all elevations of the
residential and attached laundry facility buildings.
D. A minimum of two color schemes utilizing the same pallet shall be
utilized throughout the project.
E. A minimum of two colors per residential building with a third accent
color shall be utilized throughout the project.
F. Vinyl windows shall be desert tan. Grids shall be required on large
Conditions of Approval /
Timing
Responsibility
Mitigatio
Mitigation Monitoring Program
/Monitoring
n
PS: Planning Services
Measure
BL: Business
BS: Building Services
9190 San Diego Way
License
FD: Fire Department
Southside Villas
GP: Grading Permit
BP: Building Permit
PD: Police Department
CE: City Engineer
CUP 2003-0095
Fl: Final Inspection
TO: Temporary
WW: Wastewater
CA: City Attorney
Occupancy
F0: Rn at
Occupancy
windows only, subject to staff approval.
13. Unobstructed access shall be provided between the rear patios and the
FM
PS, CE
shared common open space areas. Rear patios shall either be open or
shall incorporate low transparent fencing, consistent with project fencing,
not to exceed 3 feet in height and including a gate to the open space
courtyards. Open Space areas acting as detention basins shall remain
open and unfenced.
14. All project elements utilizing stone materials shall be consistent with the
base material forthe residential buildings, including monument entry
signs and decorative walls at the project entrance.
15. All trash enclosures shall be constructed of dark colored split face block
with corrugated metal doors painted to match and shall be screened
with landscaping per EXHIBIT E.
16. Landscaping along the southern portion of the site, adjacent to the off-
site wetland and on-site wetland restoration area shall include native
tree and shrub plantings
17. Monument entry signage shall incorporate ledgstone base to match the
building materials, and shall include the following subject to staff
approval:
■ Entry sign face shall be trimmed with ledgestone material
■ Signage shall be constructed of individual die cut raised metal
letters mounted on a stucco face consistent with building color and
finish.
18. The parking area adjacent to the tot lot and wetlands shall be modified
to provide a minimum 10 foot setback from the south property line and
shall include the following, subject to staff approval.
■ A pedestrian path shall be extended along the south property line
and shall connect to EI Camino Real.
■ The fire access portion of the driveway shall incorporate decorative
pavers and decorative removable bollards.
19. Rear ground floor patio areas facing EI Camino Realshall be extended
where possible to maximize private open space for each unit.
20. Parking shade structures shall be constructed of heavy timber, or similar
metal elements, and shall be designed with a flat trellis style roof,
subject staff approval.
Conditions of Approval /
Timing
Responsibility
Mitigatio
Mitigation Monitoring Program
/Monitoring
n
PS: Planning Services
Measure
BL: Business
BS: Building Services
9190 San Diego Way
License
FD: Fire Department
Southside Villas
GP: Grading Permit
BP: Building Permit
PD: Police Department
CE: City Engineer
CUP 2003-0095
Fl: Final Inspection
TO: Temporary
WW: Wastewater
CA: City Attorney
Occupancy
F0: Rn at
Occupancy
21. Workforce Housing
FM
PS, CE
Prior to recordation of final map, the applicant shall enter into a legal
agreement with the City to reserve '/2 of the units for rent to residents or
workers within the City of Atascadero, including the affordable units. The
agreement shall include the following provisions:
■ The units shall be offered for rent to residents or workers within the
City of Atascadero for a minimum of 60-days. During this time period
offers may only be accepted from Atascadero residents or workers;
■ The applicant shall provide reasonable proof to the City that at least
one of the qualified buyersrentersis a resident or worker within the
City Limits of Atascadero;
■ The Atascadero resident or worker restriction shall apply to the initial
rental only;
■ The applicant shall identify which units will be reserved; and
■ The City Attorney shall approve the final form of the agreement.
Building Services
22. A soils investigation prepared by a licensed Geotechnical Engineer is
BP
FM
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
23.
GIARIP Width May 199 PrOl-AidAd kkith Of t'
612
PS, es
24. Show location of existing and any proposed fire hydrants. I 1p+ts,4-&R
BP
BS
17. Provide a letter from the Atascadero Mutual Water Company stating
BP
BS
the minimum expected water available to the site. Amount available
must meet min. requirement specified in the California Fire Code.
25. Note approved address signage is to be provided.
BP
BS
26. Note on plans that fire lanes shall be delineated to restrict parking as
BP
BS
required by the Fire Authority.
City Engineer
Standard Conditions
Conditions of Approval /
Timing
Responsibility
Mitigatio
Mitigation Monitoring Program
/Monitoring
n
PS: Planning Services
Measure
BL: Business
BS: Building Services
9190 San Diego Way
License
FD: Fire Department
Southside Villas
GP: Grading Permit
BP: Building Permit
PD: Police Department
CE: City Engineer
CUP 2003-0095
Fl: Final Inspection
TO: Temporary
WW: Wastewater
CA: City Attorney
Occupancy
F0: Rn at
Occupancy
27. The applicant shall enter into a Plan Check & Inspection agreement
BP
BS
with the City.
28. The applicant shall be responsible for the protection, relocation
BP
BS
and/or alteration of existing utilities.
29. The applicant shall install all new utilities (water, gas, electric, cable
BP
BS
TV and telephone) underground.
30. The applicant shall monument all property corners for construction
BP
BS
control and shall promptly replace them if disturbed.
31. Prior to issuance of building permits, the applicant shall submit a
BP
BS
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.
32. Prior to the final inspection, all outstanding plan check and inspection
BP
BS
fees shall be paid.
33. All construction activities shall comply with the City of Atascadero
BP
BS
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
The hours of construction may be modified by the Community
Development Director upon a determination that unusually loud
construction activities are having a significant impact on the
neighbors.
Failure to comply with the above-described hours of operation may result
in withholding of inspections and possible construction prohibitions,
subject to the review and approval of the Planning Commission.
34. Prior to the final inspection, the applicant shall submit a written
BP
BS
statement from a registered civil engineer that all work has been
completed and is in full compliance with the approved plans and the
Uniform Building Code (UBC).
City Engineer
Site Specific Conditions
Public Improvements:
35. EI Camino Real. Full frontage improvements are required with this
BP
PW
development from the southerly project boundary to San Diego Way.
These include pave out for additional travel lanes with adequate width
for bicycles, curb, gutter, landscaping and sidewalk. The project shall
install &foot landscape strip at the street frontage with a 5foot
sidewalk behind it. The entire surface of EI Camino Real will be
restriped for bicycles lanes and two travel lanes in both directions and
a center turn lane. The landscaping on EI Camino Real shall be
irrigated, maintained and cared for by this project.
The asphalt will transition back to the existing edge of pavement at the
Conditions of Approval /
Timing
Responsibility
Mitigatio
Mitigation Monitoring Program
/Monitoring
n
PS: Planning Services
Measure
BL: Business
BS: Building Services
9190 San Diego Way
License
FD: Fire Department
Southside Villas
GP: Grading Permit
BP: Building Permit
PD: Police Department
CE: City Engineer
CUP 2003-0095
Fl: Final Inspection
TO: Temporary
WW: Wastewater
CA: City Attorney
Occupancy
F0: Rn at
Occupancy
south end of the project at a 5:1 ratio. Public Improvement plans shall
be submitted detailing the design. Cross sections shall be submitted
detailing the existing and proposed cross fall on EI Camino Real.
36. San Diego Way. Full frontage improvements are required with this
BP
PW
development from the southerly project boundary to Sae--Baege
i Camino Real. These include pave out, which will allow travel
WayE
lanes in each direction with room for bicycles and no parking. A 5 foot
sidewalk will be constructed from the southerly project property line to
EI Camino Real.
37. Intersection of San Diego Way and EI Camino Real. The intersection
BP
PW
will be raised and realigned to be perpendicular to EI Camino Real.
The intersection will be restriped to allow for left and right hand turn
pockets onto EI Camino Real.
38. All public improvements shall be constructed in conformance with the
BP
PW
City of Atascadero Engineering Department Standard Specifications
and Drawings or as directed by the City Engineer.
Drainage:
39. Drainage calculations are required per section 5 of Atascadero
BP
PW
Engineering Standards. The "Retention Areas" will be sized for the
detention of the 50 year developed storm runoff, while metering out
the 2 year undeveloped storm runoff. The offsite storm water flows
will be allowed to be passed through the project undetained in
drainage easements. The offsite flows and the detained onsite flows
must be released down stream in the same location, concentration
and pattern as historic flows were released, unless the downstream
owner provide written approval of a deviation.
40. Drainage calculations shall be produced considering all areas
BP
PW
tributary to this property. These calculations shall be in conformance
the City of Atascadero Engineering Standards. Submit calculations to
support the design of any structures or pipes. Closed conduits shall
be designed to convey the 10 -year flow with gravity flow; the 25 -year
flow with head, and provide safe conveyance for the 100 -year
overflow.
41. A Storm Water Pollution Prevention Plan shall be produced and
BP
PW
approved by the Regional Water Quality Control Board and the City
of Atascadero. These plans shall recommend mitigation measure
during and after construction to eliminate point and non point source
pollution. The use on onsite grading feature to pond and percolate
storm water is recommended. A filter system, mechanical or non,
shall be installed with this project. This system shall comply with the
intent of National Pollution Discharge Elimination System, Phase II
requirements.
42. Obtain approval by the City Engineer of the grading & drainage plan
BP
PW
and the storm drain design & facilities.
Conditions of Approval /
Timing
Responsibility
Mitigatio
Mitigation Monitoring Program
/Monitoring
n
PS: Planning Services
Measure
BL: Business
BS: Building Services
9790 San Diego Way
License
FD: Fire Department
Southside Villas
GP: Grading Permit
BP: Building Permit
PD: Police Department
CE: City Engineer
CUP 2003-0095
Fl: Final Inspection
TO: Temporary
WW: Wastewater
CA: City Attorney
Occupancy
F0: Rn at
Occupancy
43. Acquire drainage easements where needed. Drainage shall cross lot
BP
PW
lines only where a drainage easement has been provided.
44. Concentrated drainage from off-site areas shall be conveyed across
BP
PW
the project site in drainage easements.
Transit:
45. Bus stop with shelter shall be installed on EI Camino Real (south
BP
PW
bound) along the EI Camino real Frontage, per the Public Works
Director.
Wastewater:
46. This project proposes a sewage lift station. This lift station will meet
BP
PW
the following criteria:
❑ Sewer lift stations, force mains, gravity mains, laterals and
other sewer facilities shall be privately owned and
maintained.
❑ Catalogue cuts of equipment that will be installed the lift
station shall be submitted and approved by the Director of
Public Works.
❑ Lift stations shall be installed with alarm dialers
programmed to notify qualified maintenance personnel
when malfunctions occur.
❑ Developer shall submit a lift station emergency
contingency plan that addressed protection of public
health and the environment from sewage spills and
prolonged power outages.
❑ Lift Station shall be equipped with duplex pumps.
47. Drainage piping serving fixtures which have flood level rims located
BP
PW
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.
48. The sewer force main crossing EI Camino Real shall cross
BP
PW
perpendicular in the right of way.
49. All sewer main taps will be done by the City of Atascadero. The
BP
PW
developers shall pay a sewer tap fee.
50. Sewer connection permit shall be issued separately (from building
BP
PW
permit) after public sewer extension has been completed and has
received a satisfactory final Public Works inspection. Final project
inspection shall be contingent upon completion of the public sewer
extension and Public Works final inspection.
Solid Waste Conditions:
�
Conditions of Approval /
Timing
Responsibility
Mitigatio
Mitigation Monitoring Program
/Monitoring
n
PS: Planning Services
Measure
BL: Business
BS: Building Services
9190 San Diego Way
License
FD: Fire Department
Southside Villas
GP: Grading Permit
BP: Building Permit
PD: Police Department
CE: City Engineer
CUP 2003-0095
Fl: Final Inspection
TO: Temporary
WW: Wastewater
CA: City Attorney
Occupancy
F0: Rn at
Occupancy
51. Atascadero Waste Alternative shall approve the location, size and
BP
PW
design of all solid waste facilities. The facilities shall include room for
recycling and green waste containers. The location of the facilities will
take into account the collection of the solid waste.
Atascadero Mutual Water Company
52. Prior to the start of construction, t4r rApordatiop of the FiRal Map, the
BP
BS
applicant shall submit plans for review and approval by AMWC for all
existing and proposed water distribution facilities that provide water
service to the proposed S, ibdivis'A Development. 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.
53. Prior to the issuance of building permits, the applicant shall obtain a
BP
BS
"Will Serve" letter from the Atascadero Mutual Water Company for the
newly created Lots.
54. Prior to the start of construction, the applicant shall pay all installation
BP
BS
and connection fees required by the Atascadero Mutual Water
Company.
55. All water distribution facilities shall be constructed in conformance
BP
BS
with Atascadero Mutual Water Company standards, policies and
approved procedures. All cross -connection devices shall be
constructed in conformance with AWWA and Department of Health
Services standards.
Mitigation Measures
BP
PS, BS, CE
1.c.1
Mitigation Measure 1.c.1: The following landscape mitigations shall apply:
■ Development along EI Camino Real shall be buffered with an informal
landscape theme to include groupings of shade and accent trees.
Evergreen shall be utilized where there is heightened visibility of the
project from EI Camino Real.
■ Fencing surrounding the private park space and the adjacent wetland
areas shall be transparent wrought iron and shall be integrated with the
final landscape plan subject to staff approval.
■ Development along San Diego Way will include street trees placed 30
feet on center, landscaped common openspace area, and an
appropriately landscaped pedestrian project entrance.
■ The project shall include landscaping of all common areas, including
slopes, common openspace areas, and building frontages.
■ Parking lot shade trees shall be provided within landscape fingers and
curbside landscape planters as shown in Exhibit 5. Trees shall be large
canopy trees and shall be of a scale appropriate to the project.
Conditions of Approval /
Timing
Responsibility
Mitigatio
Mitigation Monitoring Program
/Monitoring
n
PS: Planning Services
Measure
BL: Business
BS: Building Services
9190 San Diego Way
License
FD: Fire Department
Southside Villas
GP: Grading Permit
BP: Building Permit
PD: Police Department
CE: City Engineer
CUP 2003-0095
Fl: Final Inspection
TO: Temporary
WW: Wastewater
CA: City Attorney
Occupancy
F0: Rn at
Occupancy
• All trees shall be 15 gallon size or greater and shall be double staked.
Mitigation Measure 1.c.2: The proposed apartments shall include a variety
BP
PS, BS, CE
1.c.2
of earth -tone paint and roof colors designed to blend with the surrounding
environment and reduce the potential for reflected light and glare.
Mitigation Measure 1.c.3: Building architecture shall include features that
BP
PS, BS, CE
1.c.3
emphasize vertical elements and minimize the horizontal nature of the
buildings. Such features are to be of exceptionally high design quality per
General Plan Land Use Policy 2.1.2 and shall include changes in materials,
fapade undulation, and vertically emphasized window elements; or similar
treatments.
Mitigation Measure 1.d: All lighting shall be designed to eliminate any off
BP
PS, BS, CE
1.d.
site glare. All exterior site lights shall utilize full cut-off, "hooded" lighting
fixtures to prevent offsite light spillage and glare. Building mounted fixtures
shall be designed to direct light downward. Any parking lot lighting shall be
low bollard style lighting or decorative pole lighting designed to be a
maximum of 14 feet in height. Lighting of the parking area shall be
integrated with proposed landscaping and/or covered parking elements.
Lighting at the rear of the proposed buildings shall be limited to low level
building mounted fixtures and shall be designed to produce a zero
footcandle reading at the property line.
Mitigation Measure 3.b: The project shall be conditioned to comply with all
BP, GP
PS, BS, CE
3.15
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 E ui ment
■ 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 d uring non -peak hours to reduce
peak hour emissions.
■ Limit the length of the construction workday period, if necessary.
■ Phase construction activities, if appropriate.
Conditions of Approval /
Mitigation Monitoring Program
9190 San Diego Way
Southside Villas
CUP 2003-0095
Timing
BL: Business
License
GP: Grading Permit
BP: Building Permit
Fl: Final Inspection
TO: Temporary
Occupancy
F0: Rn at
Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigatio
n
Measure
(Continued from above)
GP
PS, BS, CE
3.b
Section 6.5: Fugitive PM10
All of the following measures shall be included on grading, demolition and
building plan notes:
A Reduce the amount of the disturbed area where possible.
B. Use of water trucks or sprinkler systems in sufficient quantities to
prevent airborne dust from leaving the site. Increased watering
frequency would be required whenever wind speeds exceed 15 mph.
Reclaimed (non -potable) water should be used whenever possible.
C. All dirt stock -pile areas should be sprayed daily as needed.
D. Permanent dust control measures identified in the approved project re -
vegetation and landscape plans should be implemented as soon as
possible following completion of any soil disturbing activities.
E. Exposed ground areas that are plann4ed to be reworked at dates
greater than one month after initial grading should be sown with a fast -
germinating native grass seed and watered until vegetation is
established.
F. All disturbed soil areas not subject to re -vegetation should be stabilized
using approved chemical soil binder, jute netting, or other methods
approved in advance by the APCD.
G. All roadways, driveways, sidewalks, etc, to be paved should be
complete as soon as possible. In addition, building pads should be laid
as soon as possible after grading unless seeding or soil binders are
used.
H. Vehicle speed for all construction vehicles shall not exceed 15 mph on
any unpaved surface at the construction site.
I. All trucks hauling dirt, sand, soil, or other loose materials are to be
covered or should maintain at least two feet of freeboard (minimum
vertical distance between top of load and top of trailer) in accordance
with CVC Section 23114.
J. Install wheel washers where vehicles enter and exit unpaved roads onto
streets, or was off trucks and equipment leaving the site.
K. Sweep streets at the end of each day if visible soil material is carried
onto adjacent paved roads. Water sweepers with reclaimed water
should be used where feasible.
L. The contractor or builder shall designate a person or persons to monitor
the dust control program and to order increased watering, as
necessary, to prevent transport of dust off site. The name and
telephone number of such persons shall be provided to the APCD prior
to land use clearance for map recordation and land use clearance for
finish grading of any structure.
Mitigation Measure 4.a: The project shall be conditioned to comply with all
BP, GP
PS, BS, CE
4.a
applicable regulations developed by Althouse and Mead, Inc. in their
biological review, dated June 13, 2003 (Attachment 6).
Conditions of Approval /
Mitigation Monitoring Program
9190 San Diego Way
Southside Villas
CUP 2003-0095
Timing
BL: Business
License
GP: Grading Permit
BP: Building Permit
Fl: Final Inspection
TO: Temporary
Occupancy
F0: Rn at
Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigatio
n
Measure
Mitigation Measure 4.b.1: The project shall be conditioned to comply with all
BP, GP, CA
PS, BS, CE
4.b.1
applicable regulations developed by Althouse and Mead, Inc. in their
biological review, dated June 13, 2003, pertaining to building location and
wetland rehabilitation methods. Implementation of the following mitigation
measures prior to, during, and following site construction will serve to avoid
and/or minimize adverse indirect impacts to Waters of the U.S. and wetlands
within the proposed project area:
A Buildings 124/125 and 126/127 shall be relocated, eliminated, and/or
downsized to avoid significant disturbance of the designated wetland
area. The applicant will be required to comply with all requirements and
regulations set forth by governing state agencies and shall obtain the
necessary permitting as discussed below.
B. Signage shall be placed at the pedestrian pathway entrance to the
wetlands area informing users of the sensitive nature of the wetlands
habitat.
C. The applicant shall provide a full biologist report, prior to the entitlement
hearing, that identifies all sensitive habitats on and adjacent to the
project site, and certifying the proposed development plan in regards to
wetland mitigations.
D. The project applicant shall retain a qualified biologist to conduct a pre -
construction survey of the on-site wetlands area and to report the
survey results to the City. This biologist shall also place protective
fencing at the protected wetlands boundary to ensure that construction
activities do not impact the noted areas. A note to this effect shall be
placed on the approved construction/grading plans with the provision
that CDFG shall be notified if the pre -construction survey finds
additional wetland habitat on-site, and that construction work is the area
shall not proceed without specific direction from the CDFG.
E. A qualified biologist shall be present during phases of construction that
are conducted adjacent to the identified wetland habitat. The biologist
shall submit regular reports to the Community Development Department
verifying the integrity of the impacted areas. Upon project completion
and prior to final occupancy a final status report shall be prepared by
the project biologist certifying that the stated wetland protection and
mitigation measures were implemented and that the construction -
related protection and enhancement measures are no longer required.
F. Per recommendations set forth in the prepared biology review (Althouse
and Mead, Inc), the applicant shall contact the Army Corps of Engineers
prior to permit issuance and shall request authorization to install
culverts, impact degraded wetlands, and create functional wetlands
under Nationwide Permits, NW #7 Outfall Structures, NW #18 Minor
Discharges, and NW #27 Stream and Wetland Restoration Activities.
Conditions of Approval /
Timing
Responsibility
Mitigatio
Mitigation Monitoring Program
/Monitoring
n
PS: Planning Services
Measure
BL: Business
BS: Building Services
9190 San Diego Way
License
FD: Fire Department
Southside Villas
GP: Grading Permit
BP: Building Permit
PD: Police Department
CE: City Engineer
CUP 2003-0095
Fl: Final Inspection
TO: Temporary
WW: Wastewater
CA: City Attorney
Occupancy
F0: Rn at
Occupancy
G. Per recommendations set forth in the prepared biology review (Althouse
BP, GP
PS, BS, CE
4.b.1
and Mead, Inc), the applicant shall develop a wetland mitigation site at
a ration of 2:1, based on anticipated ratios required by the Army Corps
of Engineers, which shall be located adjacent to the established
wetlands at the southerly border of the subject property and which will
be located in the area of the existing degraded wetlands habitat.
Mitigation Measure 5.b.1: Should any cultural resources be unearthed
GP
PS, BS, CE
5.b.2
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: The grading permit application plans shall include
BP, GP
PS, BS, CE
6.b
erosion control measures to prevent soil, dirt, and debris from entering the
storm drain system during and after construction. A separate plan shall be
submitted for this purpose and shall be subject to review and approval of the
City Engineer at the time of Building Permit application.
Mitigation Measure 6.c.: A soils report shall be required to be submitted with
GP
BS
6.c
a future building permit by the building department.
Mitigation Measure 8.e.f.1: Points of concentrated drainage through the
GP
PS, BS, CE
8.e.f.1
existing wetlands areas shall be addressed by the project biologist and
engineer, and subject to review and approval as identified in the Biology
section of this initial study. All proposed drainage shall be subject to the
approval of the City Engineer and shall be designed to City standards. All
site runoff shall be retained on site through the provision of on-site drainage
basins.
Mitigation Measure 8.e.f.2: A Stormwater Pollution Prevention Plan
GP
PS, BS, CE
8.e.f.2
(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.3: The developer is responsible for ensuring that
BP, GP
PS, BS, CE
8.e.f.3
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 /
Timing
Responsibility
Mitigatio
Mitigation Monitoring Program
/Monitoring
n
PS: Planning Services
Measure
BL: Business
BS: Building Services
9190 San Diego Way
License
FD: Fire Department
Southside Villas
GP: Grading Permit
BP: Building Permit
PD: Police Department
CE: City Engineer
CUP 2003-0095
Fl: Final Inspection
TO: Temporary
WW: Wastewater
CA: City Attorney
Occupancy
F0: Rn at
Occupancy
Mitigation Measure 11.d: All construction activities shall comply with the
GP
PS, BS, CE
11.d
City of Atascadero Noise Ordinance for hours of operation, and as follows:
Construction activities shall be limited to the following hours ofoperation:
• 7 a.m. to 7 p.m. Monday through Friday
• 9 a.m. to 6 p.m. Saturday
• No construction on Sunday
Further, particularly loud noises shall not occur before 8 a.m. on weekdays
and not at all on weekends.
The hours of construction may be modified by the Community Development
Director upon a determination that unusually loud construction activities are
having a significant impact on the neighbors.
Failure to comply with the above-described hours of operation may result in
withholding of inspections and possible construction prohibitions, subject to
the review and approval of the 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. The
details of such a sign shall be approved by staff during the Grading
Plan/Building Permit review process.
Mitigation Measure 14.a.b: The project shall include a tot lot within the
BP, GP
PS, BS, CE
14.a.b
communal open space area at the southern border of the site. The tot lot
shall at a minimum include a commercial -grade swing set, slide, climbing
apparatus or similar equipment on a soft surface designed for the safety and
enjoyment of young children. The tot lot shall include pedestrian connection
from throughout the project and shall include durable seating arrangements
for adults and children. The tot lot shall be landscaped and shall include
shade trees.
Mitigation Measure 15.a.b.1 : Per the provided traffic study, the project shall
GP
PS, BS, CE
15.a.b.1
include the construction of full frontage improvements along San Diego Way
and EI Camino Real as approved by the City Engineer and per standards
listed in the General Plan Circulation Element. Improvements are to include:
■ Widening of EI Camino Real to allow for 2 southbound travel lanes and
class 2 bike facilities.
■ Widening of San Diego Way to a width of 24 feet to allow for a total of 2
travel lanes.
■ Curb, gutter, and sidewalk improvements along EI Camino Real and
San Diego Way.
Mitigation Measure 15.a.b.2: A Bus turnout shall be provided along the EI
BP, GP
PS, BS, CE
15.a.b.2
Camino Real frontage. Facilities shall include a 5 -foot width bus turnout and
shelter. The shelter shall be a City Standard shelter and shall be subject to
the approval of the City Engineer.
Conditions of Approval /
Timing
Responsibility
Mitigatio
Mitigation Monitoring Program
/Monitoring
n
PS: Planning Services
Measure
BL: Business
BS: Building Services
9190 San Diego Way
License
FD: Fire Department
GP: Grading Permit
PD: Police Department
Southside Villas
BP: Building Permit
CE: City Engineer
CUP 2003-0095
Fl: Final Inspection
TO: Temporary
WW: Wastewater
CA: City Attorney
Occupancy
F0: Rn at
Occupancy
Mitigation Measure 16.c.1: Proposed drainage into the existing wetlands
BP, GP
PS, BS, CE
16.c.1
areas shall be addressed by the project biologist and engineer, and subject
to review and approval as identified in the Biology section of this initial study.
Mitiaation Measure 16.c.2: Drainage retention basins shall be included in the
BP, GP
PS, BS, CE
16.c.2
project site and shall be subject to the approval of the City Engineer. Basins
shall be designed to accommodate all site runoff and each basin will be
maintained as designed.
EXHIBIT C: Site Plan
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11
EXHIBIT G: Floor Plan
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FLOOR PLAN wA7
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FLOOR PLAN "C"_
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EXHIBIT H: Shade Structure Design
EXHIBIT I: Color and Materials Board
COLOR SYMBOL
R-1
P-1/CP-4
P-2/CP-1
r, P-2
CP -3
IIN&-
COLOR CHART
R-1 COMPOSITION ROOFING - AMERICAN -ANTIOUE
SLATE
CP-4*fP•1 FRAZ££-814L1V - WSTEO POLLEN
CP-I*)P-2 FRA7EE-818W..SALTBRUSN
CP -2' FRAZEE-6154M-GUMrEAF
CP )- FAAZEE-8!TSD-WKDGRASSES
- CEMF.N I PLASTER SPIAL. DE LA HABRA TO MATCH PAMT
COLOR SI.F.N'TCOLOR SAN -PLV FOR APPROVAL
PN*1( TO APPLICATION
4;OLOR APPLICAT:
J COMPOSITXNA3PNALTPCROW
NGIR•'?
2 I A8CIA (P-1)
7. CEN.ENT PLASTER - ANN WALL (CP -i)
4 CEMENT PIASTER- TOMA (CP -21
0 CEMENT PLASTER-TRMAROU%DDJJRSVNAULAVS(CP-1
i CEMfk7 PLASTER - BELLY BAND 'NIM (CP -4)
V,cv0000 TR -M AROJNO DOORS. V:NMVS. 6 BUI-O'NC. 1'D(:BS
EXHIBIT J: Preliminary Biological Assessment
Althouse and Mead
ALTHOUSE AND MEADE, INC.
BIOLOGICAL AND ENVIRONMENTAL SERVICES
1875 Welisona Road • Paso Robles, CA 93446 + Telephone (805) 467-1041 • Fax (805) 467-1021
VILA FACSIMILE Lynx Dec Althouse, RLD.c.
(805)459-1W
June I3, 2003 Dwid E. Wade' Ph.D.
274.1 (805) 705-2479
Steve McHarris 461-5036
Planning Services Manager
City of Atascadero
6500 Palma Avenue
Ataseadero, CA 93422
Re: South Side Villas, 9190 San Diego Road, JRM Development Proposal
APN 045-352-002,3,4,6,7
Dear Steve:
Yesterday I looked at the proposed development between San Diego Road and El
Camino Real. I identified two small wetlands along the property boundary as shown on
the attached map. The total area of the two wetlands is approximately 430 square feet.
One wetland is at the terminus of a small culvert that drains water from the mobile home
park north of San Diego Road and from the upslope area The second wetland is in the
corner of the lawn area, down slope from a septic tank vent. Bath wetlands are
dominated by rabbit's -foot grass (Polypogon monspeliensis) and Italian ryegrass (Lolium
multii locum). The wetland at the terminus of the culvert also contains vetch (Vicia
sativa), yellow starthistle (Centauria solstitialis), and other non -wetland species.
The remainder of the project boundary adjacent to wetlands on the parcel south of the
subject property, is dominated by fescue and blue -grass lawns and back yard structures
(i.e_, above -ground pool, landscaping, and fences) that have been in place since the early
1970's.
Tim Roberts and I discussed the appropriate location for a wetland mitigation site,
anticipating a 2:1 mitigation ratio from the Army Corps. By moving buildings 125 and
126 away from one another, there is plenty of room for creating wetland habitat adjacent
to the neighbor's existing wetland.
I left a message for Corrie Veenstra from the US Army Corps of Engineers this morning
stating that I had observed two small wetlands adjacent to the adjoining parcel she looked
at last week_ I recommend that the applicant notify the Corps of Engineers and request
authorization to install culverts, impact degraded wetlands, and create functional
wetlands under Nationwide Permits NW #7, Outfall structures, NW #l8, Minor
Disharges; and, NW#27, Stream and Wetland Restoration Activities.
Sincerely,
LynneDee Althouse
Copy: Tim Roberts via fax — 238-6148
EXHIBIT J: Preliminary Biological Assessment
Althouse and Mead
Althouse and Meade, Inc.
Attachment — Portions of map sent via fax by Tim Roberts (not to scale)
Clean Water Act Section 404 Wetlands,
weide the fenceline are contiguous with
tlands to the south, on the adjoining
parcel. Wetland sites are indicated by o�vals.l
ti
tl it—At`
i 1f
` # 1
ZB'Q 6f 1:9 8£Z 9NIa33NT9N'J siaaaaa t+a ezae 40�Z-£i-NqS
South Side ViUas 274.1 2
EXHIBIT J: Preliminary Biological Assessment
Althouse and Mead
ALTHOUSE AND MEADE, INC.
BIOLOGICAL AND ENWRONNIEWTAL SERVICES
1875 Wellsona Road + Paso Robles, CA 93446 • Telephone (805) 467.1041 • Fax(805) 467-1021
FACSIMILE. TRANSMITTAL 1-ynno Dec AMhowA P6D.C.
(30)459-[W
[)mitt E. Made. Pb.U.
July 28, 2003 (soos> gas xa9
274.1
Peter Josserand
809 13'6 Street
Paso Robles, CA 93446
238-5313
FAX 238-5373
Re: San Diego Way Apartments — Site Plan Review
Dear Peter.
We recommend the following information be included on a site plan for submittal to the
US Army Corps of Engineers and to the CA Department of Fish and Gerrie for review.
■ Grading plan with wetland areas clearly shown.
• Drainage plan (mode) flows from 2 yr to 100 yr storms in each drainageway) with
ordinary high water mark clearly indicated were drainage modifications are
proposed-
■ Cross-sections and details of drainageways and proposed culvert installations.
• Watershed boundary map.
The site plan you submitted to our office today does not show topography or drainages
(with wetland areas clearly identified).
1 recommend that we notify the Corps of Engineers and request authorization to install
culverts, impact degraded wetlands, and create functional wetlands. The Corps process
takes from 90 days to over a year, depending on endangered species issues. The Corps
will require a wetland delineation and may require additional surveys following
Endangered Species Act Section 7 consultation with the US Fish and Wildlife Service.
Your project will need a Clean Water Act 401 certification from the Regional Water
Quality Control Board before the Corps permit it fully authorized.
Your project may also require a permit from the CA Department of Fish and Game to
modify the location and function of wetlands.
Siuicerely, �j�
yne Althouse
EXHIBIT K: Project Statistical Summary
AREA CALCULATIONS _
Gross Site = 176,964 sq.ft.
Offer of Dedication= 2824 sq.ft.
Net Site = 174,140 sq.ft.
Building Footprints
18 buildings @ 1880 =
4 buildings @ 2030 =
5 Laundries @ 180 =
Total Footprints= 42860
33,840
8,120
900
24.61% of net
Parkin _
Total park'g. & drives = 56,566 = 32.48% of net,
Carports = 44324 =14,256 of parking
Landscape
Walks & flatwork =12,562
Softscape = 62.152
Total Landscape = 74,714 = 42.90% of net
EXHIBIT L: Off-site Public Improvement Plan
Planning Commission Staff Report
Conditional Use Permit 2003-0111
Rite Aid Drive-thru
7055 El Camino Real
(Rite Aid Corp, Gene Corton)
SUBJECT:
The proposed project, Conditional Use Permit (CUP 2003-0111), is a request to establish a drive-
thru pharmacy located at the existing Rite Aid, 7055 El Camino Real.
RECOMMENDATION:
Staff Recommends:
The Planning Commission adopt Resolution No. PC 2003-0095 certifying the proposed
environmental determination and approving Conditional Use Permit 2003-0111 subject to the
findings, conditions, and exhibits as attached.
SITUATION AND FACTS:
1. Applicant:
2. Project Address:
3. General Plan Designation:
4. Zoning District:
5. Existing Use:
6. Environmental Status
STAFF ANALYSIS:
1. Project Summary:
Rite Aid Corporation, PO Box 3165, Harrisburg,
PA 17105
7055 El Camino Real, Atascadero, CA 93422
(APN 030-081-016)
General Commercial (GC)
Commercial Retail (CR)
Rite Aid Drug Store
Categorical Exemption CEQA section 15301
Class 1
The proposed Conditional Use Permit consists of a request to establish a drive-thru pharmacy at
the existing Rite Aid drug store. The proposed addition, located along the northern side of the
existing business, includes a new drive-thru canopy attached the existing structure, paved
driveway and landscaping.
Proposed improvements
RMF
♦1♦ GC/CR
HWY 101
Rite Aid site
Background
Surrounding Land Use and Setting:
North: Residential Multi -family
West: Downtown Commercial
South: Commercial Tourist/El Camino
Real
East: Commercial Retail
The Rite Aide property is an older commercial retail use located at one of the most prominent
corners within the City at the southeast corner of El Camino Real and Highway 41 with U.S.
Highway 101 located immediately to the west. The Rite Aide retail building is sited at the rear
of the parcel and is relatively well maintained. The parking lot is extremely large, highly visible
from the public streets and has not received regular maintenance or upgrading, as striping and
interior landscaping is almost non-existent. The parking lot is also known to attract a continuous
number of private -party motor vehicle and recreational vehicle sales and overnight parking,
which further diminishes the aesthetic quality of this location. Staff is recommending
improvements in these areas to be conditioned with the recommended approval of the drive-thru
facility.
2. Design and Appearance:
The Conditional Use Permit process requires site design and appearance review including
architecture and landscaping. The proposed drive-thru is located within a vacant area of the Rite
Aid site located to the north of the existing building adjacent to customer parking and
commercial loading.
Drive-Thru Canopy
The proposed drive-thru canopy incorporates similar features to the existing building to
compliment and match the existing building. The canopy roof will be constructed of Spanish tile
to match the color and style of the existing building. Wood fascia elements and brick columns
will be painted to match the existing portico feature above the existing Rite Aid entrance.
Landscape
The applicant's proposal for a drive-thru pharmacy includes the additional landscaping around
the proposed facility location. Proposed landscaping includes the installation of a variety of trees
and shrubs such as red oaks, crepe myrtles, and golden rain trees. Staff has also conditioned the
project to include the replacement of existing Italian Cyprus trees with London Plane trees and
the installation of eight (8) new parking lot tree planters (Condition 4), as shown in the exhibit
below.
Proposed
drive-thru
location
Area to be landscaped
with evergreen trees
and shrubs
Staff is also recommending that the existing frontage along Santa Ynez (at the rear of the
property) be landscaped to screen the building from adjacent residential uses. Staff has
conditioned that landscape include evergreen trees and shrubs appropriate for screening purposes
(Condition 4). All landscape planters will include an automatic irrigation system.
Site Plan, Circulation, and Parking
The proposed site design maintains the existing circulation areas. Access to the existing side
loading dock will be maintained. A vehicular drive aisle will be included as part of the drive-thru
addition. The addition of the drive-thru will eliminate 12 parking spaces. This proposed
modification and the provision of additional planter area, as recommended by staff, will not
result in the elimination of required parking spaces for the existing use.
Parking Lot Use
As mentioned above, the existing parking lot requires striping to identify parking spaces,
driveway aisles (Condition 6). In addition, Rite Aide shall mange their parking lot for customer
parking, permitted temporary merchandise sales, and prohibit the sale of motor vehicles within
their property (Condition 7).
Site Drainage
Existing site drainage patterns will not be affected by the proposed project.
3. General Plan Consistency:
The proposed project is consistent with the General Plan Land Use Element Policy 1.3.5:
"encourage existing uses to upgrade to a contemporary design standards, including frontage
and parking lot landscaping, and the screening of loading and service areas ". The proposed
addition includes additional parking lot landscaping and the screening of the existing loading
dock area from parking areas and adjacent residential uses.
4. Environmental Determination:
The project has been determined to qualify for a Class 1 Categorical Exemption under the
provisions of the California Environmental Quality Act (CEQA section 15301; Class 1; Existing
Facilities).
5. Conditional Use Permit Findings:
The Conditional Use Permit process provides the opportunity for the public and the Planning
Commission to review land use proposals, including architectural design, site design, landscape,
and specific standards of the zoning ordinance. There are five standard findings required for the
approval of a Conditional Use Permit. It is staffs opinion that all of the following findings can be
made for the proposed project, subject to the conditions and exhibits as attached.
1. The proposed use is consistent with the General Plan.
Staff Comment: The use is consistent with the Commercial Use Designation and General
Plan Policy 1.3.5.
2. The proposed use satisfies all applicable provisions of the Zoning Ordinance.
Staff Comment: As conditioned, the project satisfies all zoning code provisions.
3. The establishment, and subsequent operation or conduct of the use will not, because of
the circumstances and conditions applied in this particular case, be detrimental to the
health, safety or welfare of the general public or persons residing or working in the
neighborhood of the use, or be detrimental of injurious to the property or improvements
in the vicinity and the use.
Staff Comment: As conditioned, the proposed drive-thru improvements will not be
detrimental to the general public or working persons health, safety, or welfare.
4. The proposed use will not be inconsistent with the character of the immediate
neighborhood or contrary to its orderly development.
Staff Comment: As conditioned, the proposed use is consistent with the existing Rite Aid
commercial operation and appearance review requirements of the City General Plan.
5. The proposed use will not generate a volume of traffic beyond the safe capacity of all
roads providing access to the project, either existing or to be improved in conjunction
with the project, or beyond the normal traffic volume of the surrounding neighborhood
that would result from full development in accordance with the Land Use Element.
Staff Comment: The proposed addition will not result in significant increases in traffic.
As conditioned, the existing on-site parking and circulation meets the zoning ordinance
requirements.
CONCLUSION:
The proposed drive-thru pharmacy is consistent with the goals and policies established in the
General Plan. The project has been conditioned to integrate appropriately within the context of
surrounding uses and meets all site development and appearance review requirements of the
zoning ordinance. Therefore, staff recommends approval of the proposed drive-thru pharmacy
addition.
ALTERNATIVES:
1. The Planning Commission may add to or modify project conditions for the proposed project
and/or recommend approval of the proposed Conditional Use Permit.
2. The Planning Commission may recommend denial of the proposed Conditional Use Permit.
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 Gleason, Associate Planner
ATTACHMENTS:
Attachment l: Location map
Attachment 2: Draft Planning Commission Resolution 2003-0095
Attachment 1: Location Map: 7055 EI Camino Real
Project site: APN 030-081-016
General Plan Designation: GC
Zoning: CR
Attachment 2: Draft Planning Commission Resolution 2003-0111
DRAFT
RESOLUTION PC 2003-0095
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ATASCADERO APPROVING A CONDITIONAL
USE PERMITTO ESTABLISH A DRIVE-THRU PHARMACY AT
THE EXISTING RITE AID DRUG STORE LOCATED AT
7055 EL CAMINO REAL
(APN 030-081-036)
(Rite Aid Corporation)
WHEREAS, An application has been received from Rite Aid Corp, PO Box 3165,
Harrisburg, PA 17105 (Applicant) to consider Conditional Use Permit 2003-0111 to
establish a drive-thru pharmacy at an existing Rite Aid Drug Store location; and,
WHEREAS, the proposed project is located within the GC (General Commercial)
land use designation of the City of Atascadero's General Plan Land Use Diagram; and,
WHEREAS, the proposed project is located within the CR (Commercial Retail)
zoning district where a drive-thru pharmacy is subject to the approval of a Conditional Use
Permit; and,
WHEREAS, a Categorical Exemption, under the California Environmental Quality
Act (CEQA) section 15301 Existing Facilities, Class 1(a), has been prepared; and,
WHEREAS, the Planning Commission held a duly noticed public hearing to consider
the proposed Conditional Use Permit application on October 7, 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 CEQA
1. The proposed project has been determined to be exemption from CEQA based on a
Class 1(a) exemption pertaining to existing facilities.
SECTION 2. FINDINGS FOR APPROVAL OF CONDITIONAL USE PERMIT. The
Planning Commission finds as follows:
1. The proposed project is consistent with the General Plan; and,
2. The proposed project satisfies all applicable provisions of the Zoning Ordinance; and,
3. The establishment, and subsequent operation or conduct of the use will not, because of
the circumstances and conditions applied in this particular case, be detrimental to the
health, safety, or welfare of the general public or persons residing or working in the
neighborhood of the use, or be detrimental or injurious to property or improvements in
the vicinity of the use; and,
4. The proposed project will not be inconsistent with the character of the immediate
neighborhood or contrary to its orderly development; and,
5. The proposed project will not generate a volume of traffic beyond the safe capacity of all
roads providing access to the project, either existing or to be improved in conjunction
with the project, or beyond the normal traffic volume of the surrounding neighborhood
that would result from the full development in accordance with the Land Use Element.
6. The proposed project contains conditions of approval that improve the existing non-
conforming issues associated within the Rite Aide parking lot in which the project is
located.
SECTION 3. APPROVAL OF CONDITIONAL USE PERMIT. The Planning
Commission does hereby approve Conditional Use Permit 2003-0111 to establish a drive-
thru pharmacy at an existing Rite Aid Drug Store located at 7055 El Camino Real,
Atascadero, CA. (APN 030-081-016), consistent with the following Exhibits:
EXHIBIT A:
Proposed Environmental Determination
EXHIBIT B:
Conditions of Approval
EXHIBIT C:
Site Plan
EXHIBIT D:
Landscape Plan
EXHIBIT E:
Parking lot planter plan
EXHIBIT F:
Elevations
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: Proposed Environmental Determination
CUP 2003-0111
EXHIBIT B: CONDITIONS OF APPROVAL
CUP 2003-0111
Condition Of Approval
Timing
Responsibility
CUP 2003-0111
/Monitoring
PS: Planning Services
BL: Business License
BS: Building Services
BP: Building Permit
FD: Fire Department
TO: Temporary Occupancy
PD: Police Department
F0: Final Occupancy
CE: City Engineer
WW: Wastewater
CA: City Attorney
Standard Conditions
1. The approval of this use permit shall become final and effective
On Going
PS
for the purposes of issuing building permits, provided the
required conditions of approval have been satisfied, fourteen (14)
days following the Planning Commission approval unless prior to
the time, an appeal to the decision is filed as set forth in Section
9-1.111(b) of the Zoning Ordinance.
2. Approval of this Conditional Use Permit shall be valid for twelve
On Going
PS
(12) months after its effective date. At the end of the period, the
approval shall expire and become null and void unless the
applicant has received a building permit or applied for an
extension of entitlement.
3. The granting of this Conditional Use Permit shall apply to APN
On Going
PS
030-091-016, regardless of owner.
Project Conditions
1. The Community Development Department shall have the authority to
BP
PS
approve minor changes to the project that (1) result in a superior site
design or appearance, and/or (2) address a construction design issue
that is not substantive to the Conditional Use Permit, (3) Adjust project
intensity <10%).
2. Eight (8) additional parking lot planters, a minimum size of 6' by 8',
BP
PS
shall be located as show in Exhibit D.
3. All site improvements, lighting, landscaping, and building elevations
BP
PS
including colors, material and finishes shall be consistent or superior
FI
to those shown in attached Exhibits B through E.
4. The Community Development Department will approve a final
BP
PS, BS
landscape and irrigation plan prior to the issuance of any building
permit. Landscape plans and specification shall be prepared by a
professional landscape architect. The landscape construction plan
shall be consistent with the incorporation of the following features at a
minimum:
a) The species, size, quantity and location of all proposed plant
material will be indicated on the plans.
b Existing Italian Cyprus trees within the parking lot area shall be
Condition of Approval
Timing
Responsibility
CUP 2003-0111
/Monitoring
PS: Planning Services
BL: Business License
BS: Building Services
BP: Building Permit
FD: Fire Department
TO: Temporary Occupancy
PD: Police Department
F0: Final Occupancy
CE: City Engineer
WW: Wastewater
CA: City Attorney
replaced with 24" box London Plane trees.
c) Parking landscape shall include appropriate shade trees to 24"
box sized London plane trees.
d) Plans shall include landscaping to the rear of the existing Rite Aid
building. Landscaping shall include evergreen trees and shrubs
appropriate for screening purposes.
e) All landscaped areas shall be irrigated.
5. A reciprocal access and shared parking agreement with the
BP
PS
adjacent parcels shall be provided prior to building final, and shall
be subject to approval of the City Attorney.
6. The parking lot shall be restriped to provide clear designation of
BP
PS
parking stalls, drive aisles, and circulation areas.
7. Rite Aide shall mange their parking lot for customer parking,
BP, On going
PS
permitted temporary merchandise sales, and prohibit the sale of
motor vehicles and all recreational vehicles on site. Overnight
parking shall also be prohibited. Signs posting this information
shall be installed on-site and in visible locations within the parking
lot.
EXHIBIT C: SITE PLAN
CUP 2003-0111
EXHIBIT D: LANDSCAPE PLAN
CUP 2003-0111
EXHIBIT E: Parking Lot Planter Plan
CUP 2003-0111
Proposed
drive-thru
location
+40
Location of new
planters as conditioned.
Area to be landscaped
with evergreen trees
and shrubs
Existing Italian Cyprus
to be replaced with
shade trees
EXHIBIT F: ELEVATIONS
CUP 2003-0111