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HomeMy WebLinkAboutPC_2003-11-04_AgendaPacketCITY OFATASCADERO PLANNING COMMISSION AGENDA Regular Meeting November 4, 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 OCTOBER 21, 2003. COMMUNITY DEVELOPMENT STAFF REPORTS 2. TREE REMOVAL PERMIT 2003-0041: 6380 NAVARETTE AVE. Request to remove two (2) native oak trees, one being greater than 24 "dbh, in conjunction with the development of a 1, 615 square foot new single-family home located at 6380 Navarette Ave. Staff recommends: The Planning Commission adopt Resolution PC 2003-0103 to approve the request to remove two (2) native oak trees subject to the guidelines and mitigation required by the Atascadero Native Tree Ordinance. PUBLIC HEARINGS (For each of the following items, the public will be given an opportunity to speak. After a staff report, the Chair will open the public hearing and invite the applicant or applicant's representative to make any comments. Members of the public will be invited to provide testimony to the Commission following the applicant. Speakers should state their name and address for the record and can address the Commission for five minutes. After all public comments have been received, the public hearing will be closed, and the Commission will discuss the item and take appropriate action(s).) 3. Zone Change 2003-0053, Conditional Use Permit 2003-0102, Tentative Tract Map 2003-0034 for a 5 -lot PD -7 Subdivision Applicant: Rex Bennett, 5785 San Jacinto Avenue, Atascadero, CA 93422, (805) 462-2381 Project Title: 5785 San Jacinto Avenue; PD -7; Zone Change 2003-0053, Conditional Use Permit 2003- Project Title: 0102; Tentative Tract Map 2003-0034 for a 5 -lot PD -7 subdivision. Project 5785 San Jacinto Avenue, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 029-301-039 Project The proposed project consists of an application for a Zone Change, Conditional Use Permit, Description: and Tentative Tract Map. The proposed project consists of four 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 the PD -7 overlay district within the Residential Multi - Family (RMF -10) zoning district. The project includes one home per lot each with a two -car garage and a single guest parking space. No native trees will be removed. General Plan Designation: Medium Density Residential — MDR Zoning District: Residential Multiple Family — RMF -10 Based on the initial study prepared for the project, a Mitigated Negative Declaration is proposed. The proposed Mitigated Negative Declaration was available for public review from Proposed 10/15/03 through 11/3/03 at 6500 Palma Avenue, Community Development Department, Environmental from 8:00 a.m. to 5:00 p.m., Monday through Friday. Determination: 4. Tentative Tract Map 2003-0040: NW Corner of Pueblo & San Luis Ave. Applicant: Kelly Gearhart, 6205 Alcantara Avenue, Atascadero, CA 93422, 461-7504 Owner: Morro Road Homes, LLC, 6205 Alcantara Avenue, Atascadero, CA 93422 Project Title: Tentative Tract Map 2003-0040 Project Location: Northwest corner of Pueblo and San Luis Avenues (San Luis Obispo County) APN Portion of 030-232-015, 016, 024, 028 Project Description: The proposed project consists of a tentative tract map subdividing one existing parcel into three parcels. The property is currently under development with a commercial service center. The project site is located within the CR Commercial Retail) zoning district. 5. TO BE CONTINUED TO NOVEMBER 18, 2003 Tentative Parcel Map 2003-0048: 8710 Old Santa Rosa Road 2 -lot Applicant: Access is from Pueblo Avenue. Owner: General Plan Designation: GC Project Title: Zoning District: CR Proposed This project is exempt from CEQA per CEQA Guideline 15315. Environmental (San Luis Obispo County) APN 056-151-021 Determination: The proposed project consists of a parcel map subdividing one existing parcel into two 5. TO BE CONTINUED TO NOVEMBER 18, 2003 Tentative Parcel Map 2003-0048: 8710 Old Santa Rosa Road 2 -lot Applicant: Loren and Margaret Baldwin, 8710 Old Santa Rosa Road., Atascadero, CA 93422 Owner: Loren and Margaret Baldwin, 8710 Old Santa Rosa Road., Atascadero, CA 93422 Project Title: Tentative Parcel Map 2003-0048 Project 8710 Old Santa Rosa Road, Atascadero, CA Location: (San Luis Obispo County) APN 056-151-021 Project The proposed project consists of a parcel map subdividing one existing parcel into two Description: Parcels. Proposed parcel 1 is currently developed with two single family dwellings and Description: there would be no further development on this lot. Proposed parcel 2 is currently developed with an single family dwelling and would be allowed an additional secondary unit, no greater than 800 square feet. The project site is located within the Residential Single Family —Y (1 acre minimum) zoning district. The project will continue to take access from Old Santa Rosa Road. Onsite septic systems will be used for wastewater and water service will be provided by Atascadero Mutual Water Company. General Plan Designation: SFR -Y Zoning District: RFS -Y Proposed This project is exempt from CEQA per CEQA Guideline 15315. Environmental Determination: 6. Conditional Use Permit Conformity: Ralphs Custom Meats Owner: Tom Dorsey, 8225 Lake Nacimiento Drive, Paso Robles, CA 93446 Project Planning Commission Review Hearing of Conditional Use Permit U821025, 5400 Title: Carrizo Road: Ralph's Custom Meats. Approved by Atascadero Planning Commission December 6, 1982 Project 5400 Carrizo Road, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 049-101-012 Project The Planning Commission will be holding an informational hearing for the purpose Description: of reviewing the status of the conditional use permit for Ralphs Custom Meats, the conditions of approval and the business' compatibility with the neighborhood. General Plan Designation: Single Family Residential '/z acre (SFR -X) Zoning District: RSF-X COMMISSIONER COMMENTS & REPORTS DIRECTOR'S REPORT ADJOURNMENT The next regular meeting of the Planning Commission will be November 18, 2003 at City Hall in the 4`h Floor Rotunda, 6500 Palma Avenue, Atascadero. Please note: Should anyone challenge in court any proposed development entitlement listed on this Agenda, that person may be limited to raising those issues addressed at the public hearing described in this notice or in written correspondence delivered to the Planning Commission at/or prior to this public hearing. \\CityhaII\CDvlpmnt\- PC Agendas\PC 20031PC Agenda. 10-21-03.word.am.doc City ofAtascadero WELCOME TO THE ATASCADER0 PLANNING COMMISSION MEE TING The Planning Commission meets in regular session on the first and third Tuesday of each month at 7: 00 p.m., in the Rotunda of City Hall. Matters are considered by the Commission in the order of the printed Agenda. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the Community Development Department and are available for public inspection during City Hall business hours at the Permit Center counter. An agenda packet is also available for public review at the Atascadero Library, 6850 Morro Road. All documents submitted by the public during Commission meetings that are either read into the record or referred to in their statement will be noted in the minutes and available for review in the Community Development Department office. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager's Office, (805) 461-5010, or the City Clerk's Office, (805) 461-5074. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK ON AGENDA ITEMS Members of the audience may speak on any item on the agenda. The Chairperson will identify the subject, staff will give their report, and the Commission will ask questions of staff. The Chairperson will announce when the public comment period is open and will request anyone interested to address the Commission regarding the matter being considered to step up to the podium. If you wish to speak for, against or comment in any way: • You must approach the podium and be recognized by the Chairperson • Give your name and address (not required) • Make your statement • All comments should be made to the Chairperson and Commission • All comments limited to 5 minutes (unless changed by the Commission) • No one may speak for a second time until everyone wishing to speak has had an opportunity to do so, and no one may speak more than twice on any item. The Chairperson will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Commission. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, "PUBLIC HEARINGS," the Chairperson will call for anyone from the audience having business with the Commission to: • Please approach the podium and be recognized • Give your name and address (not required) • State the nature of your business This is the time items not on the Agenda may be brought to the Commission's attention. A maximum of 30 minutes will be allowed for Community Forum (unless changed by the Commission). Cdvlpmnt/PC Agenda/ -Welcome and meeting information1doc DRAFT ITEM NUMBER: 1 DATE: 11/4/03 CITY OF A TASCADERO PLANNING COMMISSION MINUTES Regular Meeting October 21, 2003 — 7:00 P.M. CALL TO ORDER Chairperson Fonzi called the meeting to order at 7:00 p.m. and Commissioner Porter 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 and Recording Secretary Grace Pucci. APPROVAL OF AGENDA MOTION: By Commissioner O'Keefe and seconded by Commissioner Jones to approve the agenda. AYES: Commissioners O'Keefe, Jones, Bentz, Beraud, Porter, Kelley and Chairperson Fonzi NOES: None ABSTAIN: None Motion passed 7.0 by a roll -call vote. PUBLIC COMMENT Bill Obermeyer, Carrizo Road, President of Atascadero Horsemen, thanked the Planning Commission for their hard work and requested that future planning include easements for trail corridors, walking trails, etc. He would like to see Atascadero become an end destination for visitors. Chairperson Fonzi closed the Public Comment period. CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON SEPTEMBER 16, 2003. 2. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON OCTOBER 7, 2003. 3. APPROVAL OF RESOLUTION PC 2003-0091 DENYING A TREE REMOVAL PERMIT LOCATED AT 8270 TOLOSO ROAD (TRP 2003-0039: MIKE MESSER). MOTION: By Commissioner Jones and seconded by Chairperson Fonzi to approve Items #1 through 3 of the Consent Calendar. 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. COMMUNITY DEVELOPMENT STAFF REPORTS - None PUBLIC HEARINGS 4. 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 Development Project Location: San Diego Way Lots 9, 11, 12, and 13; Block 66, Atascadero, CA 93422 (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 86 -unit Description: apartment development. The project will include 74 two bedroom units of approximately 857 square feet and 12 three bedroom units of approximately 1048 square 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 proposed. The Environmental proposed Mitigated Negative Declaration is available for public review through 10/21/03 at 6500 Determination: Palma Avenue, Community Development Dept., from 8:00 a.m. to 5:00 p.m., Monday through Friday. Commissioner Jones stepped down from consideration of this item stating he has a professional relationship with one of the applicants. Associate Planner Kelly Gleason provided the staff report and answered questions of the Commission. PUBLIC COMMENT Peter Josserand, JRM Development, applicant's representative, answered questions of the Commission. He expressed concern over the cost of the ledge stone required as an architectural element on the buildings. Mr. Josserand stated he would be willing to consider setting aside a three-bedroom unit as low-income housing and requested the option of substituting another decorative embellishment for the ledge stone. Chairperson Fonzi closed the Public Comment period. Vice Chairperson Kelley commented that this was a good project and would produce more affordable units then have been before the Commission in some time. He has two concerns he would like to see addressed in the motion: 1) that staff work with the applicant on the rock applications on the outside of the buildings, and 2) the placement of a stop sign on San Diego Way or some alternative approved by the City Engineer. Commissioner O'Keefe indicated that she would like a condition added that would set aside at least one of the three bedroom units for the low or very low-income level. She had no problem with removing the requirement for the ledge stone to reduce the cost. City Engineer Kahn suggested that if the applicant were in agreement, he could sit down with the traffic engineer and the applicant and take a close look at the traffic situation and bring back, at the next Commission meeting, the one issue of access off San Diego Way. Chairperson Fonzi asked about the possibility of preserving the oak tree by changing the alignment of El Camino Real. City Engineer Kahn recommended that this issue be looked at more closely and brought back to the Commission. He suggested if the oak tree is removed there be a discussion with the applicant that the on site landscaping be used as a mitigation for that tree, requiring them to plant native trees. Steve Oros, traffic engineer for the applicant, answered questions of the Commission and indicated the applicant's willingness to work with the City Engineer on traffic calming measures. Commissioner Beraud stated that 3,000 square feet was not large for a tot lot and suggested the Commission consider taking out the 10 -foot setback along the property line enabling the parking space near the tot lot to be moved to that location, resulting in a larger tot lot. She indicated that she is in support of Vice Chairperson Kelley's suggestion of a stop sign on San Diego Way. MOTION: By Vice Chairperson Kelley and seconded by Commissioner O'Keefe to 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 with the following exceptions: 1) staff will work with the applicant regarding the replacement of rock around and in front of the buildings, 2) that the City Engineer will work with the traffic engineer for the project and come back in two weeks with a mitigation for the merging traffic out of the project onto San Diego Road, with the preference of a stop sign being put in place, and 3) one of the three-bedroom units will be set aside for low income housing. AYES: Commissioners O'Keefe, Beraud, Porter, Bentz, Kelley and Chairperson Fonzi NOES: None ABSTAIN: None Motion passed 6:0 by a roll -call vote. Commissioner Jones rejoined the hearing. 5. TENTATIVE TRACT MAP 2002-0023: 8805 SAN RAFAEL 5 -LOT Applicant: Kelly Gearhart, 6205 Alcantara Ave., Atascadero, CA 93422, 461-7504 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 parcels. Description: Five parcels will be created allowing the development of five vacant individual 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 development will take access from San Rafael Road and from an access easement across lot four. Onsite septic systems will be used for wastewater and water service will be provided 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 proposed. The Environmental proposed Mitigated Negative Declaration is available for public review through 10/21/03 at 6500 Determination: Palma Avenue, Community Development Dept., from 8:00 a.m. to 5:00 p.m., Monday through Friday. Planning Services Manager Steve McHarris provided the staff report and answered questions of the Commission. City Engineer Steve Kahn commented that staff had required this project to construct a road (San Rafael) to a rural local road type A standard; 20 feet of paving with four feet of shoulder on either side. PUBLIC COMMENT Kelly Gearhart, 6205 Alcantara Avenue, applicant, answered questions of the Commission. Mr. Gearhart indicated that it is unlikely he will be building the homes on this site. Susan Literal, 8605 San Rafael, expressed the following concerns with the project: 1) emergency egress for cars, livestock trailers, etc., she would like to see a secondary road to San Gabriel at some point, 2) on building pads 4 and 5, she would like to see a step foundation feeling that slab on grade with a steep slope will prevent growth of plants or trees and will make the slope unusable. Steven Good, 8830 San Gabriel, felt it was a mistake to add lots 4 and 5, as they do not conform to the other lots in the area. However, if these lots are permitted, he feels there should not be a road as shown in the plans but rather a road should be constructed that will be divided between lots 2 and 3, considered a driveway and go into lots 4 and 5. Additionally, Mr. Good expressed concern that the applicant will not actually be developing the lots. Lori Mello, 8695 San Rafael, felt this project would change the character of the neighborhood in that most lots in the area are 5 -acre parcels. She feels allowing the smaller lots will set a precedent for taking these lots out of the agriculture preserve and changing them into a higher density than what actually exists. She would like to see traffic calming measures in place once the road is paved, and in addition, at the intersection of Los Osos Road and San Rafael there currently is no stop sign and the right of way is confusing, she would like to see a stop sign at this location. Clem Bock, 8855 San Rafael, agreed with the prior speaker on her assessment of the traffic problem at the intersection of Los Osos Road and San Rafael. He urged the Planning Commission to not allow a lesser road width and expressed concern with the configuration of the lots and the access to lots 4 and 5. Mr. Bock felt a driveway between lots 2 and 3 should access lots 4 and 5. Steve McCain, 8585 San Rafael, felt that San Rafael Road should be widened and improved all the way to Los Osos. Cherie Condit, 8465 San Rafael, indicated that she lives at the intersection of Los Osos and San Rafael and stated that people do drive very fast on the road and it is dangerous where the culvert on her property causes the road to narrow with a very steep drop off. She felt a yield sign should be placed at the location. Ms. Condit questioned the notification process for this project; given the rural nature of the area 600 feet for notification is not sufficient. Regina Troutman, 8840 San Gabriel Road, stated her concern with lots 4 and 5 which she felt don't make sense. She would like to see the area stay within the 3 to 5 acre lot sizes, and questioned what type of houses would be going in on the sites and their effect on property values. Ron Bell, 8800 San Gabriel Road, stated that most neighbors do not have concerns with lots 1, 2 and 3, but are troubled by lots 4 and 5. He questioned what would be the effect on the oak trees of developing those two lots and asked the Commission to keep the rural environment of the area. Mr. Bell agreed that the driveway for lots 4 and 5 should go through lots 1 and 2, or on a diagonal from lot 3 to lot 4 then 5. Steven Good reminded the Commission that when staff worked on the Yellow Rose Ranch it was agreed that notification would be extended to 1,000 feet in rural areas. Chairman Fond closed the Public Comment period. Chairperson Fonzi asked staff and the applicant to address questions raised during the Public Comment period. Commissioner O'Keefe felt it was important to condition lots 4 and 5 to require stepped foundations. She agreed that a three way stop was a good idea for this neighborhood. Commissioner Kelley concurred with the applicant that the current placement of the road is the best given the topography of the area and grading impacts. Regarding speeding on San Rafael, he felt it was mostly the residents in the area who use the road and perhaps some form of self - policing is called for, however, he acknowledged that something should be done at that intersection. MOTION: By Vice Chairperson Kelley and seconded by Commissioner Porter to adopt Resolution No. PC 2003-0097 certifying the proposed Mitigated Negative Declaration 2003-0033 and 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 with the following change to Condition of Approval No. 32: Construction of San Rafael Road to City Standard 401, across the entire property frontage and extending westerly to connect with the previous! �„� portion of San Rafael Road previously constructed to CitX Standards 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. With an additional condition that the intersection of Los Osos and San Rafael be looked at by the City Engineer and mitigated to reduce any traffic hazards. AYES: Commissioners Porter, Jones, Bentz, Kelley and Chairperson Fonzi NOES: Commissioners O'Keefe and Beraud ABSTAIN: None Motion passed 5:2 by a roll -call vote. Commissioner O'Keefe stated that she voted against the project because she feels conditions should be added to lots 4 and 5 that construction be a step foundation. Commissioner Beraud indicated that she had voted against the project for the same reason as Commissioner O'Keefe. Commissioner Bentz stated that he was voting in favor of the project because a building permit will have to be taken out and those conditions can be addressed at that time. 6. 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 original Description: 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 Master Plan Environmental of Development PPN 30-87. No new impacts are associated with the modified building designs. Determination: Community Development Director Warren Frace provided the staff report and answered questions of the Commission. PUBLIC COMMENT Frank Henderson, 948 Patria Circle, applicant's representative, stated he differs with staff on the design of the building and read from the first page of the Downtown Revitalization Plan, which addresses design. He felt the revitalization plan is out of context for this site, and stated most of his design has incorporated staff recommendations. Mr. Henderson distributed a handout to the Commission that showed other buildings in Atascadero and their architectural similarity to the building he wishes to construct, and stated his opinion that this building is very appropriate for the office park setting. (Exhibit A) Vice Chairperson Kelley asked the applicant if they would be willing to do some trim work below the lower and upper windows similar to the Carlton Hotel. Mr. Henderson stated that they would. Robert Schriver, applicant's arborist, stated that it was necessary to remove the tree immediately as there is at least 70% rot at the base and the tree is in danger of falling over. Additionally, all branches on the tree are secondary growth growing from the outer skin and have weak attachment. Mr. Schriver answered questions of the Commission. Glen Lewis, general partner of Hotel Park and one of the applicants, gave a brief history of the tree and the Hotel Park site. Mr. Lewis stated that he has been asked to provide enough space for a large tenant, and reiterated that this space will be for office use only, not retail, which distinguishes it from the downtown area. Chairperson Fonzi closed the Public Comment period. Commissioner O'Keefe indicated that she could see the need for one building and feels the design does not need to conform to the downtown design plan. She asked if the applicant could soften up the front of the building to make it appear less massive. She would like this project to go back to staff. Commissioner Bentz felt only the end of the building will be seen by the public, he likes the style and feels it reflects the downtown area. Commissioner Jones indicated that he could accept the building as designed. Commissioner Beraud stated she would like to see setbacks on the parking and additional landscaping to make the area more pedestrian friendly. Commissioner Porter said he likes the design and feels it accents some of the existing downtown buildings such as the Carlton. Chairperson Fonzi, though she likes proposed building in general, expressed two concerns with the building: 1) the horizontal banding is very narrow and out of proportion, she would like to see it improved upon in some way, and 2) the corners of the building are plain and out of character with the rest of the building. MOTION: By Vice Chairperson Kelley and seconded by Commissioner Jones to approve 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 and implement the tree mitigation of $1,250 into the tree replacement fund for the removal of a 38" oak tree, and with a condition that applicant will work with staff so that banding will be put in place around the building similar to the Carlton Hotel, and that the applicant will work with staff on the landscaping around the building. AYES: Commissioners Jones, Beraud, Bentz, Porter, Kelley and Chairperson Fonzi NOES: Commissioners O'Keefe ABSTAIN: None Motion passed 6:1 by a roll -call vote. Chairperson Fonzi recessed the hearing at 9:40 p.m. Chairperson Fonzi called the meeting back to order at 9: 50 p.m. 7. ZONE CHANGE 2003-0069 / CUP 2002-0072 / TTM 2002-0020 Applicant: Kelly Gearhart, 6205 Alcantara Ave., Atascadero, CA 93422, 461-7504 Project Title: PD -9 Master Plan of Development Amendment (Rochelle Residential Project) Community Development Director Warren Frace provided the staff report and answered questions of the Commission. PUBLIC COMMENT Kelly Gearhart, 6205 Alcantara, applicant, answered questions of the Commission and discussed the trail access/staging area plans. Bill Obermeyer thanked the planning staff and Mr. Gearhart for going out of their way to accommodate equestrians in the community. He felt this was a good project and would create less impact then the originally planned RV Park. Myra Douglas, 8005 El Rutero, expressed concerns about the Anza Trail and felt it was important to connect the trail to Templeton. Ms. Douglas spoke a little about the Anza Trail and indicated that the equestrian trail should be located along the river on top of the edge. Karen Larson, 4465 Carrizo, stated that she has ridden on this property for many years and at times the river is so high the plateau area is the only way to connect to Templeton. She is pleased with the provision for equestrian trails and hopes that the trail will be on the outer edge of the development and not down the side of the road. Chairperson Fonzi closed the Public Comment period. Chairperson Fonzi asked Mr. Gearhart to address issues raised during the Public Comment period. Mr. Gearhart indicated that the street access trail inside the development is primarily for walking and biking for the housing areas, the equestrian trail will run along the 50 to 70 feet from the back of the fence to the edge of the river embankment. Commissioner Beraud asked Mr. Gearhart if he would approve an easement along the bluff. Mr. Gearhart indicated that he would. ZCH 2003-0069 / CUP 2002-0072 / TTM 2002-0020 Project Location: 805 El Camino Real, Atascadero, CA 93422: APN 049-043-002 Project Description: The proposed project consists of an amendment to an existing conditional use permit (CUP 2000-0008) to allow a 26 unit single family subdivision with a 60 unit seniors complex, know as the Rochelle Residential Project. A use permit for a 186 -space recreational vehicle park currently exists on the site. The applications consist of a zoning code text change to PD -9 (ZCH 2003-0069), a Master Plan of Development for Planned Development 9 (PD -9) (conditional use permit, CUP 2003-0072) and a tentative tract map (TTM 2003-0020). The project will include a 45.9 -acre open space parcel that will protect the Salinas River flood plain area and provide a public park site. The site is bordered by the Union Pacific Railroad to the south, the Salinas River to the north and Paso Robles Creek to the west. Graves Creek bisects the site. Development areas are limited to flat bluffs above the riparian areas that have been historically used for dry farming. Project access will be from El Camino Real in the form of a grade separated railroad crossing bridge which is currently under construction as part of a separate project. The site has a General Plan Designation of SFR -X (Single Family Residential %2 ac minimum), CREC (Commercial Recreation) and OS (Open Space) and a Zoning District RSF-X (Residential Single Family 1/2 ac minimum), LS (Special Recreation) and OS (Open Space) with a Planned Development 9 overlay. Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration is proposed. The Environmental proposed Mitigated Negative Declaration is available for public review through 10/21/03 at 6500 Palma Determination: Avenue, Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. Community Development Director Warren Frace provided the staff report and answered questions of the Commission. PUBLIC COMMENT Kelly Gearhart, 6205 Alcantara, applicant, answered questions of the Commission and discussed the trail access/staging area plans. Bill Obermeyer thanked the planning staff and Mr. Gearhart for going out of their way to accommodate equestrians in the community. He felt this was a good project and would create less impact then the originally planned RV Park. Myra Douglas, 8005 El Rutero, expressed concerns about the Anza Trail and felt it was important to connect the trail to Templeton. Ms. Douglas spoke a little about the Anza Trail and indicated that the equestrian trail should be located along the river on top of the edge. Karen Larson, 4465 Carrizo, stated that she has ridden on this property for many years and at times the river is so high the plateau area is the only way to connect to Templeton. She is pleased with the provision for equestrian trails and hopes that the trail will be on the outer edge of the development and not down the side of the road. Chairperson Fonzi closed the Public Comment period. Chairperson Fonzi asked Mr. Gearhart to address issues raised during the Public Comment period. Mr. Gearhart indicated that the street access trail inside the development is primarily for walking and biking for the housing areas, the equestrian trail will run along the 50 to 70 feet from the back of the fence to the edge of the river embankment. Commissioner Beraud asked Mr. Gearhart if he would approve an easement along the bluff. Mr. Gearhart indicated that he would. Commissioner O'Keefe felt it was important to have a defined trail for the horses given the riparian areas included in the project. Commissioner O'Keefe complimented Mr. Gearhart for doing a great job and being the first to meet the inclusionary housing requirements. MOTION: By Vice Chairperson Kelley and seconded by Commissioner O'Keefe to adopt Resolution No. PC 2003-0104, recommending that the City council certify the proposed Mitigation Negative Declaration 2003-0054; and, adopt Resolution No. PC 2003-0105, recommending that the City Council introduce an ordinance for first reading to approve Zone Change 2003-0069; and, adopt Resolution No. PC 2003-0106 recommending that the City Council approve Conditional Use Permit 2002-0072 for the Master Plan of Development subject to findings and conditions of approval; and, adopt Resolution No. PC 2003-0107 recommending that the City Council approve Tentative Tract Map 2002-0020, subject to findings and conditions of approval, with the changes to the following Conditions of Approval: Condition No. 21: Adjust the proposed affordable housing in the Low Income category to 5 units. Condition No. 22: Workforce housing is to be applied only to the single-family residences. Mitigation Measure 4.a.1 will be changed to read: The developed areas of the project will provide a 50 -foot setback from riparian canopy and 100 -foot setback due to presence of red -legged frog along Graves Creek and Paso Robles Creek. Condition No. 14, the last sentence will be amended as follows: The CC&R's shall also state that eaeh unit shall have no e than th fee L.o.a,-ooms an that all exterior colors, exterior materials, and yard fencing shall be consistent with the overall master plan of development. AYES: Commissioners O'Keefe, Porter, Jones, Beraud, Bentz, Kelley and Chairperson Fonzi NOES: None ABSTAIN: None Motion passed 7.0 by a roll -call vote. COMMISSIONER COMMENTS & REPORTS Commissioner Beraud asked about a publication entitled "Atascadero City Council, keeping you informed, Strategic Planning Program" and inquired if the publication is available to the Commission. Mr. Frace responded that the City Clerk distributed this publication, and he was under the impression that it had been given to the Commission. He will obtain additional copies for the Commission. DIRECTOR'S REPORT Director Frace informed the Commission of several study sessions scheduled for November: 1) Joint session with the City Council on November 13, 2003, 6:00 p.m. in the Rotunda Room to discuss the mixed use ordinance, and 2) study session with the City Council for the Dove Creek project on November 19, 2003, 2:00 p.m. to begin in the Rotunda Room and adjourn to the site for a tour. ADJOURNMENT Chairperson Fonzi adjourned the meeting at 10:55 p.m. to the next regularly scheduled meeting of the Planning Commission on November 4, 2003. MEETING RECORDED AND MINUTES PREPARED BY: Grace Pucci, Recording Secretary The following exhibit is available for review in the Community Development Department: Exhibit A — Frank Henderson, architectural elevations ITEM NUMBER: 2 DATE: 11/04/03 Community Development Staff Report Tree Removal Permit TRP 2003-0041 (6380 Navarette Ave / Hoyal) SUBJECT: Request to remove two (2) native oak trees, one being greater than 24"dbh, in conjunction with the development of a 1,615 square -foot new single-family home located at 6380 Navarette Ave. RECOMMENDATION: Staff recommends: The Planning Commission adopt Resolution PC 2003-0103 to approve the request to remove two (2) native oak trees subject to the guidelines and mitigation required by the Atascadero Native Tree Ordinance. SITUATION AND FACTS: 1. Applicant: 2. Certified Arborist: 3. Project Address: ANALYSIS: Lisa Hoyal, PO Box 3954, Paso Robles, CA 93447 Steven Alvarez, Arbor Tree Surgery, 802 Paso Robles St., Paso Robles, CA 93446 6380 Navarette Ave, Atascadero, CA 93422; (APN 031-191-008) The applicant has proposed a 1,615 square foot single-family residence on property comprised of moderate to steep slopes ranging from 6% - 20%. An existing easement on adjacent property will provide access to the proposed residence from Navarette Avenue. The majority of the parcel contains heavy concentrations of native oak trees (see aerial photo on following page). The location of the proposed residence was chosen to minimize impacts to 11/04/2003 PGSR.doc ITEM NUMBER: 2 DATE: 11/04/03 existing oaks. The project arborist has made the determination that one 40"dbh Live Oak tree, in poor condition, is hazardous and recommends removal prior to construction to avoid risks to construction crew and future residents. A 23"dbh White Oak tree, in fair condition, is also recommended for removal as it would impede the foundation of proposed residence. 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. 11/04/2003 PGSR.doc ITEM NUMBER: 2 DATE: 11/04/03 Staff is recommending that removal of the trees be mitigated by payment of $525.00 into the City's Tree Replacement Fund. In addition, staff will require that the applicant implement the tree protection measures that are recommended in the report prior to the issuance of the building permit. The proposed mitigation is shown in the following table. Evergreen Native Trees (inches) Deciduous Native Trees (inches) Totals dbh notes dbh notes 1 40 -inches Live Oak 1 2 23 -inches White Oak 2 3 3 4 4 5 5 6 6 7 7 8 8 9 9 10 10 Total 63 -inches Total 0 -inches 63 -inches Mitigation Requirement Tree Fund Payment: $ 525.00 Tree Fund Payment: $ $ 525.00 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 findings must be made. Staff has identified finding #1 and #5 as appropriate for the application request. 1) The tree is dead, diseased or injured beyond reclamation, as certified by a tree condition report from an Arborist; 2) The tree is crowded by other healthier native trees, thinning (removal) would promote healthier growth in the trees to remain, as certified by a tree condition report from an Arborist; 3) The tree is interfering with existing utilities and/or structures, as certified by a report from the Site Planner; 4) The tree is inhibiting sunlight needed for existing and/or proposed active or passive solar heating or cooling, as certified by a report from the Site Planner; 5) The tree is obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from the Site Planner and determined by the Communitv Develooment Deoartment based on the following factors: 11/04/2003 PGSR.doc ITEM NUMBER: 2 DATE: 11/04/03 • 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. CONCLUSION: The applicant has submitted a tree protection plan with findings from a Certified Arborist. One tree has been determined to be diseased or injured beyond reclamation and another tree to be obstructing proposed improvements, as certified by a tree condition report from the project Arborist and therefore meets the required findings for removal. PREPARED BY: Lisa Wilkinson, Assistant Planner ATTACHMENTS: Attachment 1: Vicinity Map Attachment 2: Tree Photos Attachment 3: Draft Resolution PC 2003-0103 Exhibit A Conditions of Approval Exhibit B -Tree Protection Plan 11/04/2003 PGSR.doc ITEM NUMBER: 2 DATE: 11/04/03 Attachment 1 Vicinity Map 6380 Navarette Ave. 0 Project Site —•II —� PAP Navarette Ave. N 11/04/2003 PGSR.doc ITEM NUMBER: 2 DATE: 11/04/03 Attachment 3 Draft Resolution PC 2003-0103 DRAFT RESOLUTION PC 2003-0103 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING A TREE REMOVAL PERMIT TO ALLOW THE REMOVAL OF TWO (2) NATIVE OAK TREES LOCATED AT 6380 NAVARETTE AVE. (TRP 2003-0041 /HOYAL) WHEREAS, an application for a Tree Removal Permit has been received from, Lisa Hoyal, PO Box 3954, Paso Robles, CA 93447, to allow the removal of two native oak trees located at 6380 Navarette Ave; and, WHEREAS, the proposed project is located within the Single Family Residential - Z land use designation of the City of Atascadero's General Plan Land Use Diagram; and, WHEREAS, the proposed project is located in the Residential Single Family -Z zoning district; and, WHEREAS; the Planning Commission reviewed the proposed Tree Removal application on November 4, 2003, at 7:00 p.m. in the Rotunda Room of City Hall located at 6500 Palma Avenue and considered testimony and reports from staff, the applicants, and the public; and, NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Findings for Approval of Tree Removal Permit. The Planning Commission finds as follows: 1. The tree is dead, diseased or injured beyond reclamation, as certified by a tree condition report from an Arborist; 2. The tree is obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from the Site Planner and determined by the Community Development Department based on the following factors: • Early consultation with the City; • Consideration of practical design alternatives; • Provision of cost comparisons (from applicant) for practical design alternatives; • If saving tree eliminates all reasonable uses of the property; or 11/04/2003 PGSR.doc ITEM NUMBER: 2 DATE: 11/04/03 • If saving the tree requires the removal of more desirable trees. SECTION 2. Approval. The Planning Commission hereby approves Tree Removal Permit 2003-0041 subject to the following Conditions and Exhibits: Exhibit A: Conditions Of Approval Exhibit B: Tree Protection Plan On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) ADOPTED: CITY OF ATASCADERO, CA Roberta Fonzi Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary 11/04/2003 PGSR.doc ITEM NUMBER: 2 DATE: 11/04/03 Exhibit A: Conditions of Approval Tree Removal - TRP 2003-0041 Conditions of Approval Timing Responsibility 1 TRP 2001-0012 1 /Monitoring 23 -inches White Oak 2 PR: Prior to Removal PS: Planning 3 4 BL: Business License Services 5 BP: Building Permit BS: Building 6 TO: Temporary Services 7 8 Occupancy FD: Fire Department 9 FO: Final Occupancy PD: Police 10 Total Department Total CE: City Engineer WW: Wastewater CA: City Attorney Planning Services 1. The applicant shall pay $525.00 into the tree fund as FO PS mitigation for the tree removal as shown in the attached table. 2. No tree removals shall be allowed prior to the BP PS issuance of an approval letter. Tree Mitigation Table 1 Evergreen Native Trees (inches) Deciduous Native Trees (inches) Mitigation Requirement Tree Fund Payment: $ 525.00 dbh notes 0 -inches Tree Fund Payment: $ Totals 63 -inches $ 525.00 11/04/2003 PC-SR.doc dbh notes 1 40 -inches Live Oak 1 2 23 -inches White Oak 2 3 3 4 4 5 5 6 6 7 7 8 8 9 9 10 10 Total 63 -inches Total Mitigation Requirement Tree Fund Payment: $ 525.00 dbh notes 0 -inches Tree Fund Payment: $ Totals 63 -inches $ 525.00 11/04/2003 PC-SR.doc ITEM NUMBER: DATE: 11/04/03 Attachment 4: Tree Protection Plan Tree Removal - TRP 2003-0041 \\Cityhall\CDvlpmnt\- TRP - Tree Removal Permits\TRP 03\TRP 2003-0041.6380 Navarette\PC-SR.doc 11/04/2003 PC-SR.doc ITEM NUMBER: 3 DATE: 11-04-03 Atascadero Planning Commission Staff Report — Community Development Department Single Family Planned Development Zone Change 2003-0053, Master Plan of Development (CUP 2003-0102), Vesting Tentative Tract Map 2003-0034 (5785 San Jacinto Ave / Bennett) SUBJECT: The proposed project consists of an application for a Zone Change, Conditional Use Permit (CUP) and Tentative Tract Map. The Zone Change would establish a Planned Development #7 overlay on the site subject to a master plan of development (CUP) that would allow four (4) new single-family residences to be constructed, and one existing residence to remain, on five individual parcels. The project is subject to architectural, landscape, and site design standards. RECOMMENDATION: 64misZOROT11TH =28 to 1. Adopt Resolution No. PC 2003-0110 recommending that the City Council certify Proposed Mitigated Negative Declaration 2003-0057; and, 2. Adopt Resolution No. PC 2003-0111 recommending that the City Council introduce an ordinance for first reading to approve Zone Change 2003-0053 based on findings; and, 3. Adopt Resolution No. PC 2003-0112 recommending that the City Council approve the Master Plan of Development (CUP 2003-0102) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, 4. Adopt Resolution No. PC 2003-0113 recommending the City Council approve Vesting Tentative Tract Map 2003-0034 based on findings and subject to Conditions of Approval and Mitigation Monitoring. ITEM NUMBER: 3 DATE: 11-04-03 SITUATION AND FACTS: 1. Applicant / Representative: Rex Bennett 5785 San Jacinto Ave, Atascadero, CA 93422 2. Project Address 3. General Plan Designation 4. Zoning District: 5. Site Area: 6. Existing Use: 7. Environmental Status DISCUSSION: Summary 5785 San Jacinto Ave, Atascadero, CA 93422 (San Luis Obispo County) APN 029-301-039 General Plan Designation: Medium -Density Residential (10 units/acre) RMF -10 (Residential Multiple Family) 0.457acre gross Single-family Residence Proposed Mitigated Negative Declaration 2003-0057 The proposed project consists of four new single-family homes and one existing home located on individual lots that will be developed under the requirements of the PD -7 overlay district within the RMF -10 (Residential Multi -Family) zoning district. The new homes will range between 766 and 1108 square feet in living area. Each new home will also include a 400 square foot attached garage and at least one uncovered guest parking space. Each unit is consistent with the PD -7 requiremens as described in the summary table below. 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: 3 DATE: 11-04-03 ct Summary Table Background Surroundina Land Use and Setti North: Residential Single Family South: Multi -family Residential East: Residential Single Family West: Multi -family Residential The General Plan and Zoning Ordinance identifies the project site, along with adjacent properties to the south and west as Medium -Density Residential with a maximum density of 10 dwelling units per acre. The sites directly adjacent to the subject site consist of multi -family developments. Properties to the north and east are designated as Residential Single-family and are currently developed with single- family residences. The project site's multi -family residential zoning and use is consistent with the General Plan. The General Plan and zoning incorporates factors such as slope, native trees, circulation, building coverage and landscape development standards that could reduce the density accordingly. The zoning ordinance allows the establishment of a Planned Development Overlay No. 7 (PD -7) in the multi -family zone which requires a minimum of four single-family units, consistent with the PD -7 site development standards and appearance review, as analyzed within this report. Lot 1 Lot 2 Lot 3 Lot 4 Lot 5 Lot Area 3450 sf 3218 sf 3389 sf 4380 sf 5636 sf Building Footprint 1027 sf 1124 sf 1156 sf 1231 sf 1937 sf (not to exceed 35%) 25% 35% 34% 28% 34% Landscaped Area 1380 sf 1287 sf 1356 sf 1752 sf 2254 sf (minimum 40%) 40% 40% 40% 40% 40% Covered Parking 2 spaces 2 spaces 2 spaces 2 spaces 2 spaces Guest Parking 2 spaces I spaces 2 spaces 1 2 spaces 1 spaces Lower Living Area 442 635 6351 646 1424 Upper Living Area 3241 462 4621 462 1176 Background Surroundina Land Use and Setti North: Residential Single Family South: Multi -family Residential East: Residential Single Family West: Multi -family Residential The General Plan and Zoning Ordinance identifies the project site, along with adjacent properties to the south and west as Medium -Density Residential with a maximum density of 10 dwelling units per acre. The sites directly adjacent to the subject site consist of multi -family developments. Properties to the north and east are designated as Residential Single-family and are currently developed with single- family residences. The project site's multi -family residential zoning and use is consistent with the General Plan. The General Plan and zoning incorporates factors such as slope, native trees, circulation, building coverage and landscape development standards that could reduce the density accordingly. The zoning ordinance allows the establishment of a Planned Development Overlay No. 7 (PD -7) in the multi -family zone which requires a minimum of four single-family units, consistent with the PD -7 site development standards and appearance review, as analyzed within this report. ITEM NUMBER: 3 DATE: 11-04-03 Analysis 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 architectural treatments to blend with the existing neighborhood along San Jacinto Ave and Olmeda Ave. A combination of 4 different floor plans have been proposed for the project site creating a variety homes throughout the development. Setbacks from the shared driveway are a minimum of 15 -feet with the exception of the existing residence which requires a 10 -foot setback from the edge of the pavement. All garages are setback 5 -feet from the front building fagade. A variety of architectural features will be incorporated into the throughout the project, including: Covered porches on the corner units, porch or trellis features on the rear of units facing Olmeda Ave, window shutters, and a stone veneer base. All trash storage, recycle storage, and air conditioning units will be screened from view behind fenced or landscaped enclosures. 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). 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 DATE: 11-04-03 Lot 1 Front Elevation — San Jacinto Ave Frontage Lots 2 Front Elevation ITEM NUMBER: 3 DATE: 11-04-03 Lot 3 Front Elevation Lot 4 Front Elevation — San Jacinto Frontaae ITEM NUMBER: 3 DATE: 11-04-03 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 K for details. Landscape Design The preliminary landscape plan has been designed for compatibility with the surrounding neighborhood and visual appearance from San Jacinto and Olmeda Avenues. The plans identify landscaping throughout the site including rear yard shade trees for the parcels facing San Jacinto Ave. The Olmeda Ave streetscape includes shade trees and the entirety of the shared driveway is proposed to be decorative pavers. Native Tree Removal The proposed site design includes the removal of one double -trunk native oak tree measuring 58" total dbh. The tree is in poor health as is obstructing proposed improvements that cannot be reasonably redesigned to avoid removal of the tree. Therefore, the applicant is proposing to install 4 24" box native trees on-site and the payment of $116.67 into the tree replacement fund in compliance with the Atascadero Native Tree Ordinance. Evergreen Native Trees (inches) Deciduous Native Trees (inches) I Totals dbh notes dbh notes 1 55 -inches Live Oak 1 0 -inches 2 2 3 3 4 4 5 5 6 6 Total 55 -inches Total 0 -inches 55 -inches Mitigation Requirement req'd tree replacements: 18 five gal trees req'd tree replacements: 0 five gal trees 18 five gal trees Proposed Replanting 0 five gal trees Proposed Replanting 0 five gal trees 0 five gal trees 4 box trees (24") 0 box trees (24") 4 box trees (24 Remaining Mitigation 2 five gal trees Remaining Mitigation 0 five gal trees 2 five gal trees Tree Fund Payment: $ 116.67 Tree Fund Payment: $ $ 11E Site Plan, Circulation, Parking The site plan meets the requirements of the Atascadero Municipal Code and the General Plan. The project will include street frontage improvements along Olmeda and San Jacinto Avenues. The proposed paver driveway is designed to be sixteen - foot wide paved width with 20 -foot clear space provided with use of low-lying ITEM NUMBER: 3 DATE: 11-04-03 groundcover along the east side for emergency vehicle access (Condition PD 17/TTM 12). Each lot contains a minimum two covered parking spaces and one uncovered guest space, which is consistent with the PD -7 requirements. Site Drainage On-site storm water detention is accommodated on each individual parcel within the rear yard areas. Wastewater Sanitary sewer will be connected to the existing San Jacinto Avenue sewer line. 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) incorporation of high quality materials and porch elements on corner units; 2) each unit will have a private yard area that will allow for outdoor recreational opportunities, 3) provision of a variety of home designs, 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 and Workforce 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 construction valuation of each of the market rate units. A condition of approval has been added to this effect (Condition PD 12/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 price does not exceed $294,679 or the rent does not exceed $1,232 per month with a 30 - year deed restriction commitment and a two-bedroom moderate unit only qualifies if the sale price does not exceed $245,724 or the rent does not exceed $886 per month with a 30 -year deed restriction they are adjusted monthly. ITEM NUMBER: 3 DATE: 11-04-03 These numbers are subject to change as The project is also conditioned to offer for sale housing units to residents or workers within the City of Atascadero exclusively during the first 60 days of the initial home sale. (Condition PD 14) Tentative Tract Map A five -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 31/TTM 27). Master Plan of Development (Conditional Use Permit) A Master Plan of Development is required for the PD -7, to be approved through the Conditional Use Permit process. 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. ITEM NUMBER: 3 DATE: 11-04-03 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development. Staff Comment: The project has been designed to be consistent with the existing neighborhood character. 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 5 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. 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 ITEM NUMBER: 3 DATE: 11-04-03 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 five small -lot, single-family dwellings that fulfill an important housing need within the community and follow the General Plan's policies relating to the implementation of smart growth principles. As conditioned, the project incorporates architectural and landscape elements that are consistent with the scale and character of the surrounding neighborhood and the General Plan's appearance review requirement. The proposed project provides a high quality infill development within the City's urban core area. The proposed residential use is consistent with the surrounding neighborhood use and character. Proposed Environmental Determination Staff has prepared a Draft Mitigated Negative Declaration, circulated to public agencies and interested members of the public on October 15, 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 finding 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 2003-0057. CONCLUSION: The proposed project is consistent with the General Plan and Atascadero Municipal Code, as analyzed within this staff report. The applicant has proposed design modifications and agrees with all mitigation measures and conditions of approval. It is staff's opinion that the proposed project, as conditioned, allows the Planning Commission to make all of the required findings for project approval recommendation to the City Council. ALTERNATIVES: 1. The Commission may make modifications to the project and/or conditions of approval for the project. ITEM NUMBER: 3 DATE: 11-04-03 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 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: 3 DATE: 11-04-03 Attachment 1: Location Map, General Plan and Zoning LSF -X N\` RSF-Y GC Project Site RMF -10 General Plan MDR Zoning District RMF -10 ITEM NUMBER: 3 DATE: 11-04-03 ATTACHMENT 2: Draft Resolution PC 2003-0110 PD -7 Master Plan of Development (CUP 2003-0102)/ZCH2O03-0053VTTM 2003-0034 Approval of Draft Mitigated Negative Declaration DRAFT RESOLUTION PC 2003-0110 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO RECOMMENDING THAT THE CITY COUNCIL CERTIFY PROPOSED MITIGATED NEGATIVE DECLARATION 2003-0057 PREPARED FOR ZONE CHANGE 2003-0053, CONDITIONAL USE PERMIT 2003-0102 AND TENTATIVE TRACT MAP 2003-0034 APN 029-301-039 (5785 San Jacinto Ave/ Bennett) WHEREAS, an application has been received from Rex Bennett (5785 San Jacinto Ave, 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 five lot residential Tentative Parcel Map on APN 029-301-039 and, WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2003-0057 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, November 4, 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 2003-0057 based on the following Findings as shown on Exhibit A: 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, Planning commission Resolution 2003-0111 November 4, 2003 Page 2 of 4 3. The project does not have the potential to degrade the environment when mitigation measures are incorporated into the project 4. The project will not achieve short-term to the disadvantage of long- term environmental goals. 5. The project does not have impacts which are individually limited, but cumulatively considerable. 6. The project will not cause substantial adverse effects on human beings either directly or indirectly. 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 2003-0111 November 4, 2003 Page 3 of 4 Exhibit AProposed Mitigated Negative Declaration 2003-0057 ITEM NUMBER: 3 DATE: 11-4-03 ATTACHMENT 3: Draft Resolution PC 2003-0111 PD -7 Master Plan of Development (CUP 2000-0102)/ZCH2O03-0053 Approval of Proposed Zoning Map Change DRAFT RESOLUTION PC 2003-0111 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO RECOMMENDING T HAT THE CITY COUNCIL APPROVE ZONE CHANGE 2003-0053, AMENDING THE OFFICIAL ZONING MAP DESIGNATION OF APN 029-301-039 FROM RMF -10 TO RMF -10 / PD -7 (5785 San Jacinto Ave / Bennett) WHEREAS, an application has been received from Rex Bennett (5785 San Jacinto Ave, 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 five lot residential Tentative Parcel Map on APN 029-301-039 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, November 4, 2003, studied and considered Planning Commission Resolution 2003-0111 November 4, 2003 Page 2 of 4 Zone Change 2003-0053, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and, NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Findings for Approval of 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. 3. Benefits derived from the overlay zone cannot be reasonably achieved through existing development standards or processing requirements. 4. Proposed plans offer certain redeeming features to compensate for the requested modification. SECTION 2. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on November 4, 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 2003-0111 November 4, 2003 Page 3 of 4 BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) ADOPTED: CITY OF ATASCADERO, CA Roberta Fonzi Chairperson Attest: Warren M. Frace Planning Commission Secretary Planning Commission Resolution 2003-0111 November 4, 2003 Page 4 of 4 Exhibit A: Zone Change Map 2003-0053 � 1 LSF oo o o o 0 , o Project Site RMF -10 ITEM NUMBER: 3 DATE: 11-4-03 ATTACHMENT 4: Draft Resolution PC 2003-0112 PD -7 Master Plan of Development (CUP 2003-0102)/ZCH2O03-0053 Approval of Proposed Master Plan of Development DRAFT RESOLUTION PC 2003-0112 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 2003-0102) FOR A PD -7 OVERLAY ZONE OF APN 029-301-039 (5785 San Jacinto Ave / Bennett) WHEREAS, an application has been received from Rex Bennett (5785 San Jacinto Ave, 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 five lot residential Tentative Parcel Map on APN 029-301-039 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, Planning Commission Resolution 2003-0113 November 4, 2003 Page 2 of 16 WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on Tuesday, November 4, 2003, studied and considered the Master Plan of Development (CUP 2003-0102), after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Findings for Approval of Master Plan of Development. The Planning Commission finds as follows: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual; and, 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) including the PD -7 Ordinance; and, 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. 6. The front yard setback is approved at 10 feet from the edge of pavement for the existing residence per Exhibit B to accommodate existing site conditions and configurations. SECTION 2. Findings for Approval of Tree Removal Permit. The Planning Commission finds as follows: 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 November 4, 2003, resolved to recommend that the City Council approval of the Master Plan of Development (CUP 2003-0102) subject to the following: Planning Commission Resolution 2003-0113 November 4, 2003 Page 3 of 16 1. EXHIBIT A: Conditions of Approval/Mitigation Monitoring Program 2. EXHIBIT B: Site plan 3. EXHIBIT C: Landscape Plan 4. EXHIBIT D: Fencing Design 5. EXHIBIT E: Statistical Summary 6. EXHIBIT F: Grading and Drainage Plan 7. EXHIBIT G: Lot 1: Floor Plan and Elevations 8. EXHIBIT H: Lot 2: Floor Plan and Elevations 9. EXHIBIT I: Lot 3: Floor Plan and Elevations 10. EXHIBIT J: Lot 4: Floor Plan and Elevations 11. EXHIBIT K: Exterior Color & Material Sample Board 12. EXHIBIT L: Tree Protection Plan 13. EXHIBIT M: Arborist Report 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 2003-0113 November 4, 2003 Page 4 of 16 EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program PD -7 Master Plan of Development (CUP 2003-0102)/ZCH 2003-0053 Conditions of Approval / Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS: Planning 5785 San Jacinto Ave BL: Business License GP: Grading Permit Services BS: Building PD -7 Master Plan of Development BP: Building Permit Services CUP 2003-0102/ZCH 2003-0053 FI: Final Inspection FD: Fire Department PD: Police TO: Temporary Occupancy Department FO: Final Occupancy CE: City Engineer 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 B, C and F 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. ■ The rear fagade of unit 4 shall include a trellis or porch element along the Olmeda Ave frontage. ■ Garage doors shall of architectural gradeand shall be painted to match the body color of each unit. Half Planning Commission Resolution 2003-0113 November 4, 2003 Page 5 of 16 Conditions of Approval / Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS: Planning 5785 San Jacinto Ave BL: Business License GP: Grading Permit Services BS: Building PD -7 Master Plan of Development BP: Building Permit Services CUP 2003-0102/ZCH 2003-0053 FI: Final Inspection TO: Temporary FD: Fire Department PD: Police Occupancy Department FO: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attorney circle elements shall be replaced with solid or square window panels subject to staff review. ■ Windows shall be single or double hung vinyl and shall be complimentary in color to the color schemes shown in EXHIBIT K. ■ Roof material is to be of architectural 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 E. 8. All site work, grading and site improvements shall be BP/FM PS consistent with the Master Plan of Development as shown in EXHIBIT B, C and F. 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 C. 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 shall be landscaped by the developer. All landscape maintenance shall be the responsibility of the individual property owner. ■ Street trees shall be 24" -box Pin Oak trees with a minimum of two trees on each parcel facing San Jacinto Ave. Two trees shall be planted on each street facing lot and shall be evenly spaced. ■ 24" box native sycamores shall be installed within the front yard areas of Lots 1, 2, 3, and 5. ■ All required landscape trees shall be double staked upon installation. 10. All project fencing shall be installed consistent with BP PS EXHIBIT C and D subject to the following modifications: a. Fencing shall be constructed of4-foot high solid redwood or cedar boards with 2 -foot lattice section above. b. Fencing along the Olmeda frontage shall be a maximum of 3 feet in height. c. No fencing shall be placed within the required front yard setbacks as measured from San Jacinto Ave Planning Commission Resolution 2003-0113 November 4, 2003 Page 6 of 16 Conditions of Approval / Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS: Planning 5785 San Jacinto Ave BL: Business License GP: Grading Permit Services BS: Building PD -7 Master Plan of Development BP: Building Permit Services CUP 2003-0102/ZCH 2003-0053 FI: Final Inspection TO: Temporary FD: Fire Department PD: Police Occupancy Department FO: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attorney and/or the private driveway with the exception of the southern property fencing which shall be consistent in height with the existing fencing. d. The design of all fencing shall be compatible with the 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 the subject parcel and any 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 construction valuation of e ach 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. Workforce Housing FM PS, CE Prior to recordation of final map, the applicant shall enter into a legal agreement with the City to reserve Y2 of the units for sale to residents or workers within the City of Atascadero, including the affordable units. The agreement shall include the following provisions: ■ The units shall be offered for sale to residents or workers within the City of Atascadero for a minimum of 60 -lays. 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. 15. The applicant shall pay $116.67 to the tree replacement fund and shall replant 4 24" box sized native trees on site consistent with the requirements of the Atascadero native Planning Commission Resolution 2003-0113 November 4, 2003 Page 7 of 16 Conditions of Approval / Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS: Planning 5785 San Jacinto Ave BL: Business License GP: Grading Permit Services BS: Building PD -7 Master Plan of Development BP: Building Permit Services CUP 2003-0102/ZCH 2003-0053 FI: Final Inspection TO: Temporary FD: Fire Department PD: Police Occupancy Department FO: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attorney Tree ordinance for the removal of a 55" double trunk Live Oak tree. 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 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'-0" is to be provided to Lots 1, 2, 4, and 5. Lot 3 shall provide a minimum of 12 -foot wide paved access for the portion of the driveway located on parcel 3. 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 Drainage: BP PS/PW 22. Each individual lot shall have a basin. The roofs of the houses and hard surfaces shall drain directly into the basins. Drainage easements shall be recorded on the final map to allow the storm water to flow to the street. 23. All requirements of Section 5 "Storm Drainage" of the BP PW Engineering Department standard specifications and drawings will be met. 24. Obtain approval by the City Engineer of the grading & BP/GP/FM PW drainage plan and the storm drain design & facilities. Planning Commission Resolution 2003-0113 November 4, 2003 Page 8 of 16 Conditions of Approval / Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS: Planning 5785 San Jacinto Ave BL: Business License GP: Grading Permit Services BS: Building PD -7 Master Plan of Development BP: Building Permit Services CUP 2003-0102/ZCH 2003-0053 FI: Final Inspection TO: Temporary FD: Fire Department PD: Police Occupancy Department FO: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attorney 25. The existing 18 inch culvert that crosses Olmeda Ave BP PW shall be allowed to continue to function. The storm water shall be conveyed through the property in a culvert to an underwalk drain on San Jacinto Ave. 26. Concentrated drainage from off-site and onto offsite FM PW areas shall be conveyed across the project site in drainage easements. Acquire drainage easements where needed. Drainage shall cross lot lines only where a drainage easement has been provided. BP PW Frontage Improvements: 27. San Jacinto Ave. Curb, gutter and sidewalk shall be installed along the entire property frontage. The back of sidewalk shall be placed on the property line. The sidewalk shall be extended to the west to the existing sidewalk. In all cases the path of travel on the sidewalk shall be 4 feet wide, with no obstructions. 28. Olmeda Ave. Curb, gutter and sidewalk shall be installed along the entire property frontage. The curb and gutter may be separated from the sidewalk at the existing oak tree. 29. Olmeda Ave and San Jacinto Intersection. Landscaping and site improvements shall not be installed to block the sight distance for vehicles turn off Olmeda Ave. onto San Jacinto Ave. 30. San Jacinto and Olmeda. The sidewalk shall be provided at the edge of the right-of-way and a minimum 4 -foot wide planter strip shall separate the road from the pedestrian sidewalk. 31. 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. 32. All public improvements shall be design by a registered FM PW Civil Engineer and constructed in conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. City Engineer Standard Conditions Planning Commission Resolution 2003-0113 November 4, 2003 Page 9 of 16 Conditions of Approval / Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS: Planning 5785 San Jacinto Ave BL: Business License GP: Grading Permit Services BS: Building PD -7 Master Plan of Development BP: Building Permit Services CUP 2003-0102/ZCH 2003-0053 FI: Final Inspection TO: Temporary FD: Fire Department PD: Police Occupancy Department FO: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attorney 33. All public improvements shall be constructed in BP BS conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings and/or as directed by the City Engineer. 34. In the event that the applicant is allowed to bond for the BP PW public improvements required as a condition of the final map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 35. 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. 36. The Subdivision Improvement Agreement shall record BP PW concurrently with the Final Map. 37. An encroachment permit shall be obtained prior to the BP BS issuance of building permit. 38. The applicant shall enter into a Plan Check/Inspection BP PW agreement with the City. 39. A six (6) foot Public Utility Easement (PUE) shall be BP BS provided where needed. 40. The applicant shall be responsible for the relocation BP PW and/or alteration of existing utilities. 41. The applicant shall install all new utilities (water, gas, BP PW electric, cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 42. The applicant shall monument all property corners for BP PS/PW construction control and shall promptly replace them if disturbed. 43. The applicant shall acquire title interest in any off-site BP PS/PW land that may be required to allow for the construction of the improvements. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress and egress is affected by these improvements. 44. Slope easements shall be provided as needed to BP PW accommodate cut of fill slopes. 45. Drainage easements shall be provided as needed to BP BS accommodate both public and private drainage facilities. Planning Commission Resolution 2003-0113 November 4, 2003 Page 10 of 16 Conditions of Approval / Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS: Planning 5785 San Jacinto Ave BL: Business License GP: Grading Permit Services BS: Building PD -7 Master Plan of Development BP: Building Permit Services CUP 2003-0102/ZCH 2003-0053 FI: Final Inspection TO: Temporary FD: Fire Department PD: Police Occupancy Department FO: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attorney 46. A preliminary subdivision guarantee shall be submitted BP PW for review in conjunction with the processing of the map. 47. All existing and proposed utility, pipeline, open space, BP PW or other easements are to be shown on the parcel map. If there are building or other restrictions related to the easements, they shall be noted on the parcel map. The applicant shall show all access restrictions on the parcel map. 48. The final map shall be signed by the City Engineer prior BP PW to the map being placed on the agenda for City Council acceptance. 49. Prior to recording the final map, the applicant shall submit a map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance shall submit the map for review and approval. 50. Prior to recording the final 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. 51. Prior to recording the parcel map, the applicant shall pay all outstanding plan check/inspection fees. 52. Prior to recording the map, the applicant shall complete all improvements required by these conditions of approval. 53. Prior to recording the parcel map, the applicant shall have the map reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company indicating their review of the map. The letter shall identify any new easements that may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the parcel map. 54. 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 and a digital copy of the map. Planning Commission Resolution 2003-0113 November 4, 2003 Page 11 of 16 Conditions of Approval / Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS: Planning 5785 San Jacinto Ave BL: Business License GP: Grading Permit Services BS: Building PD -7 Master Plan of Development BP: Building Permit Services CUP 2003-0102/ZCH 2003-0053 FI: Final Inspection TO: Temporary FD: Fire Department PD: Police Occupancy Department FO: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attorney 55. Prior to the final inspection of any public improvements, the applicant shall submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans. 56. 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. Wastewater: 57. Applicant shall pay sewer Extension (Annexation), Connection and Reimbursement fees (if applicable) upon issuance of building permit. 58. Final project inspection shall be contingent upon completion of the public sewer extension and Public Works final inspection. 59. Gravity mains within the subdivision shall be eight (8) inches in diameter. 60. Gravity mains shall terminate in manholes. 61. Drainage piping serving fixtures which have flood level rims located below the elevation of the next upstream manhole cover of the public or private sewer serving such drainage piping shall be protected from backflow of sewage by installing an approved type backwater valve Fixtures above such elevation shall not discharge through the backwater valve. Atascadero Mutual Water Company 62. Prior to start of construction, or the recording of Final BP BS 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 Atascadero Mutual Water Company Standards. 63. Prior to the issuance of building permits, the applicant BP BS shall obtain a "Will Serve" letter from the Atascadero Mutual Water Company for the newly created lots. 64. Prior to the start of construction, the applicant shall pay BP BS all installation and connection fees required by the Atascadero Mutual Water Company, or enter in to a "deferred connection" agreement. Planning Commission Resolution 2003-0113 November 4, 2003 Page 12 of 16 Conditions of Approval / Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS: Planning 5785 San Jacinto Ave BL: Business License GP: Grading Permit Services BS: Building PD -7 Master Plan of Development BP: Building Permit Services CUP 2003-0102/ZCH 2003-0053 FI: Final Inspection TO: Temporary FD: Fire Department PD: Police Occupancy Department FO: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attorney 65. All water distribution facilities shall be constructed in BP BS 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. Mitigation Measures Mitigation Measure 1.c.1: If exterior lighting is proposed, it BP PS 1.c.1 shall be designed to eliminate any off site glare. All exterior site lights shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. Any luminaire pole height shall not exceed 16 -feet in height, limit intensity to 2.0 foot candles at ingress/egress, and otherwise 0.6 foot candle minimum to 1.0 maximum within the private street. Fixtures shall be shield cut-off type and compatible with historic setting, subject to staff approval. Mitigation Measure 3.b.1: The project shall be conditioned to BP BS 3.b.1 comply with all applicable District regulations pertaining to the control of fugitive dust (PM -10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. Section 6.3: Construction Equipment • Maintain all construction equipment in proper tune according to manufacturer's specifications. • Fuel all off-road and portable diesel powered equipment, including but not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power units, with ARB certified motor vehicle diesel fuel (Non - taxed version suitable for use off-road). • Maximize to the extent feasible, the use of diesel construction equipment meeting the ARB's 1996 or newer certification standard for off-road heavy-duty diesel engines. • Install diesel oxidation catalysts (DOC), catalyzed diesels particulate filters (CDPF) or other District approved emission reduction retrofit services (Required for projects grading more than 4.0 acres of 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. Planning Commission Resolution 2003-0113 November 4, 2003 Page 13 of 16 Conditions of Approval / Mitigation Monitoring Program 5785 San Jacinto Ave PD -7 Master Plan of Development CUP 2003-0102/ZCH 2003-0053 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure • Limit the length of the construction workday period, if necessary. • Phase construction activities, if appropriate. Section 6.5: Fugitive PM10 All of the following measures shall be included on grading, demolition and building plan notes: A Reduce the amount of the disturbed area where possible. B. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non - potable) water should be used whenever possible. C. All dirt stockpile areas should be sprayed daily as needed. D. Permanent dust control measures identified in the approved project re -vegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities. E. Exposed ground areas that are plann4ed to be reworked at dates greater than one month after initial grading should be sown with a fast -germinating native grass seed and watered until vegetation is established. F. All disturbed soil areas not subject to re -vegetation should be stabilized using approved chemical soil binder, jute netting, or other methods approved in advance by the APCD. G. All roadways, driveways, sidewalks, etc, to be paved should be complete as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. H. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. I. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114. J. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or was off trucks and equipment leaving the site. K. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. L. The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of 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. Planning Commission Resolution 2003-0113 November 4, 2003 Page 14 of 16 Conditions of Approval / Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS: Planning 5785 San Jacinto Ave BL: Business License GP: Grading Permit Services BS: Building PD -7 Master Plan of Development BP: Building Permit Services CUP 2003-0102/ZCH 2003-0053 FI: Final Inspection TO: Temporary FD: Fire Department PD: Police Occupancy Department FO: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure 4.e.1: The building permit site plan shall GP PS/BS 4.e.1 identify all protection and enhancement measures recommended by the Certified Arborist in the Tree Protection Plan. Tree protection fencing shall be installed at the locations called out in the Tree Protection Plan. Mitigation Measure 4.e.2: The Precise Grading Plan shall GP PS/BS 4.e.2 identify tree protection fencing around the dripline of each existing on-site tree and/or native shrub mass within 20 feet of construction activity. Mitigation Measure 4.e.3: Grading and excavation and GP PS/BS 4.e.3 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. Planning Commission Resolution 2003-0113 November 4, 2003 Page 15 of 16 Conditions of Approval / Mitigation Monitoring Program 5785 San Jacinto Ave PD -7 Master Plan of Development CUP 2003-0102/ZCH 2003-0053 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure Mitigation Measure 4.e.4: The developer shall contract with a GP PS/BS 4.e.4 certified arborist during all phases of project implementation. The certified arborists shall be responsible for monitoring the project during all phases of construction through project completion, as follows: (a). A written agreement between the arborist and the developer outlining a arborist monitoring schedule for each construction phase through final inspection shall be submitted to and approved by planning staff prior to the issuance of building/grading permits. (b). Arborist shall schedule a pre -construction meeting with engineering /planning staff, grading equipment operators, project superintendent to review the project conditions and requirements prior to any grubbing or earth work for any portion of the project site. All tree protection fencing and trunk protection shall be installed for inspection during the meeting. Tree protection fencing shall be installed at the line of encroachment into the tree's root zone area. (c). As specified by the arborist report and City staff: ■ Fencing: Must be a minimum of 4' high, chain link, and snow or safety fence, staked at the drip -line or line of encroachment for each tree or group of trees. Tree fencing s hall be erected before demolition, grading, or construction begins and remains in place until final inspection of the project permit, except for work specifically required in the approved plans in which case the project arborist or Planning Staff must be consulted. ■ Soil Aeration Methods: Soils under drip -lines that have been compacted by heavy equipment and/or construction activities must be returned to their original state before all work is completed. Methods include water jetting, adding organic matter, and boring small holes with an auger (18" deep, 2-3' apart with a 24" auger) and the application of moderate amounts of nitrogen fertilizer. The arborist shall advise. ■ Chip Mulch: All areas within the drip -line of the trees that cannot be fenced shall receive a 4-6" layer of chip mulch to retain moisture, soil structure and reduce the effects of soil compaction. ■ Trenching within the Drip -line: All trenching under drip -lines of native trees shall be hand dug, augured or bored. All major roots shall be avoided whenever possible. All exposed roots larger than 1" in diameter shall be 'clean cut with a sharp pruning tool and not left ragged. Planning Commission Resolution 2003-0113 November 4, 2003 Page 16 of 16 Conditions of Approval / Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS: Planning 5785 San Jacinto Ave BL: Business License GP: Grading Permit Services BS: Building PD -7 Master Plan of Development BP: Building Permit Services CUP 2003-0102/ZCH 2003-0053 FI: Final Inspection TO: Temporary FD: Fire Department PD: Police Occupancy Department FO: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attorney ■ Grading within drip -line: Grading should not encroach within the drip -line. If grading is necessary, construction of retaining walls or tree wells or other protection measures may be necessary to insure the survivability of the trees. Chip mulch 4-0" in depth may also be required in these areas. Grading should not disrupt the normal drainage pattern around the trees. Fills should not create a ponding condition and excavations should not leave the tree on a rapidly draining mound. ■ Exposed Roots: Any exposed roots shall be recovered the same day they were exposed. ■ Paving within the Drip -line: Pervious surfacing is required within the dripline of any oak trees. ■ Compaction: Vehicles and all heavy equipment shall not be driven under the trees, as this will contribute to soil compaction. ■ Existing Surfaces: The existing ground surface within the drip -line of all oak trees shall not be cut, filled, compacted or pared. ■ Construction materials and waste: No liquid or solid construction waste shall be dumped on the ground within the drip -line of any oak tree. ■ Arborist Monitoring: During construction an arborist shall be present when encroaching within the dripline of any Oak tree. (d). Upon project completion and prior to final occupancy a final status report shall be prepared by the project arborist certifying that the tree protection plan was implemented, the trees designated for protection were protected during construction, and the construction -related tree protection measures are no longer required for tree protection. Mitigation Measure 6.b.1: The grading permit application plans GP BS 6.b.1 shall include erosion control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. Mitigation Measure 6.c.d.1 : A soils report shall be required to GP 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. Planning Commission Resolution 2003-0113 November 4, 2003 Page 17 of 16 Conditions of Approval / Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS: Planning 5785 San Jacinto Ave BL: Business License GP: Grading Permit Services BS: Building PD -7 Master Plan of Development BP: Building Permit Services CUP 2003-0102/ZCH 2003-0053 FI: Final Inspection TO: Temporary FD: Fire Department PD: Police Occupancy Department FO: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure 8e.f.1: A Stormwater Pollution Prevention GP BS 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 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 work orders. Mitigation Measure 11.d.1: All construction activities shall GP BS 11.d.1 comply with the City of Atascadero Noise Ordinance for hours of operation. Construction activities shall be limited to the following hours of operation: • 7 a.m. to 7 p.m. Monday through Friday • 9 a.m. to 6 p.m. Saturday • No construction on Sunday Further, particularly loud noises shall not occur before 8 a.m. on weekdays and not at all on weekends. The Community Development Director upon a determination that unusually loud construction activities are having a significant impact on the neighbors may modify the hours of construction. Failure to comply with the above-described hours of operation may result in withholding of inspections and possible construction prohibitions, subject to the review and approval of the Community Development Director. A sign shall be posted on-site with the hours of operation and a telephone number of the person to be contacted in the event of any violations. Staff shall approve the details of such a sign during the Grading Plan/Building Permit review process. Planning Commission Resolution 2003-0113 November 4, 2003 Page 18 of 16 EXHIBIT B: Site Plan 1_ �;1, I ien4 jp{}' ;� lap WLW _ Vii' l 0', 3 1 t Hit - .. -- "—_ � �� IF N1 11 11 ft1ifit IIII $IR s l s i f f �•rF f it S III W E i I PRt1°OSFO 8r r. P29• JOt - 03f A»J#-'- #- j7*$ SAN JACNX Atf tar M &K OA ' (i1 AMU'ADCA•A CA. r�•rr ::...0 ao�a ova.+ •,.,,:,.,v r. Planning Commission Resolution 2003-0113 November 4, 2003 Page 19 of 16 EXHIBIT C: Landscape Plan Planning Commission Resolution 2003-0113 November 4, 2003 Page 20 of 16 EXHIBIT D: Fencing Design FENCING NOTE: Au f tWJ+W M W i A 2 CMM 'ATH LATTIM I WNTS ON TCP. HLK; fT VA WS W-zomo k, • I i I i + _ � i Planning Commission Resolution 2003-0113 November 4, 2003 Page 21 of 16 EXHIBIT E: Statistical Summary of Project Proposed Project Summary Lot 1 Lot 2 Lot 3 Lot 4 Lot 5 Lot Area 3450 sf 3218 sf 3389 sf 4380 sf 5636 sf Building Footprint 1027 sf 1124 sf 1156 sf 1231 sf 1937 sf (not to exceed 35%) 25% 35% 34% 28% 34% Landscaped Area 1380 sf 1287 sf 1356 sf 1752 sf 2254 sf (minimum 40%) 40% 40% 40% 40% 40% Covered Parking 2 spaces 2 spaces 2 spaces 2 spaces 2 spaces Guest Parking 2 spaces 2 spaces 2 spaces 2 spaces 1 spaces Lower Living Area 442 635 635 646 1424 Upper Living Area 1 3241 462 1 4621 462 1 1176 Planning Commission Resolution 2003-0113 November 4, 2003 Page 22 of 16 EXHIBIT F: Grading and Drainage Plan xm .� 41�' 11 t s� � i 4i' •11 3di xza, • Jill - • — �j } } IQ s< a tib �!4 yy yy_ eon��'� 3; j �;te � � Etas i::::I f � "i • � r ip�il2 3 1 7 3 7 , :.Yr�e.:. nawvw• . w.�e.rx. J.Ka:�•. Ni0 N%lI LN..• •ta�YlaWi of — -- • . . --------------- Planning Commission Resolution 2003-0113 November 4, 2003 Page 23 of 16 Planning Commission Resolution 2003-0113 November 4, 2003 Page 24 of 16 EXHIBIT G: Lot 1: Floor Plan and Elevations ` _ I Planning Commission Resolution 2003-0113 November 4, 2003 Page 25 of 16 -EXHIBIT G: Lot 1: Floor Plan and Elevations Planning Commission Resolution 2003-0113 November 4, 2003 Page 26 of 16 EXHIBIT H: Lot 2: Floor Plan and Elevations Planning Commission Resolution 2003-0113 November 4, 2003 Page 27 of 16 EXHIBIT H: Lot 2: Floor Plan and Elevations I I ■ w ■ _ O 4 • - Planning Commission Resolution 2003-0113 November 4, 2003 Page 28 of 16 EXHIBIT H: Lot 2: Floor Plan and Elevations y C EOM WEST • - -I , mom Moe I' I EAST • - Planning Commission Resolution 2003-0113 November 4, 2003 Page 29 of 16 EXHIBIT I: Lot 3: Floor Plan and Elevations Planning Commission Resolution 2003-0113 November 4, 2003 Page 30 of 16 EXHIBIT I: Lot 3: Floor Plan and Elevations Planning Commission Resolution 2003-0113 November 4, 2003 Page 31 of 16 EXHIBIT I: Lot 3: Floor Plan and Elevations Planning Commission Resolution 2003-0113 November 4, 2003 Page 32 of 16 EXHIBIT J: Lot 4: Floor Plan and Elevations Wmn HIS Planning Commission Resolution 2003-0113 November 4, 2003 Page 33 of 16 EXHIBIT J: Lot 4: Floor Plan and Elevations ��TI . Planning Commission Resolution 2003-0113 November 4, 2003 Page 34 of 16 EXHIBIT J: Lot 4: Floor Plan and Elevations McCaw WEST • a _ . EAST • Planning Commission Resolution 2003-0113 November 4, 2003 Page 35 of 16 EXHIBIT K: Exterior Color & Material Sample Board Lots 1 Lot 2 Lot 3 I u!Y'rli4nEb WOOD, K -W :SAIME0.Ll {'Qb?r.'Wmbmgd wtur QdM Cd. k r ie.v X -V) Cihri SPo!! .%UJtd&-(:oar..Flba ', irwu. W4 A KNfR.7rw E.l�eelr 9Hhm. MakthLl AddWMW_. R& d' 7rty rem %kmmr 4 urvxco%U �1.Rr� 538 C,,mIly Enid X 92 HACIENDA Cr6o L-CmaryS>dw C,a1ar; °'Hbamde" falar,-'er.,hm59a '—&=Mr £ � PsX-R2 Cubtueed 4F.is �cas"qffy F'MI.J, Wad Kae - Ev-rWjk%iut ,KtE�l: AniOWNI I TTIM Fiver Ventre C19APILREAI'.- G1?1i+kR 19'; ,Ary nn X:14 SAN SIMEON "'Operel:.Cedes" Qi2g"Ab.wbd." 0r: `.Sar 51i un i li r- C'i4 F m� a„ulhirjimWiwiurM-'f.dtc T:ideera'' N-34 ed €Anne himudsi, c—p-ml- Raftlial,` ps the 5+•'-4 hrbi;`rW: F?a�risrqueta Mltfl1D1:..–1,1"ftmt Rod TA- F1,li.h '4`-w– Note: See project file for colors. Planning Commission Resolution 2003-0113 November 4, 2003 Page 36 of 16 EXHIBIT K: Exterior Color & Material Sample Board Lot 4 Lot 5 Iwo �'oiar' "Yo�renikt"' frl k" "WRIg" "41�111�" .r a Y` `h^�IFkI�"nAi+v. Rncl.,' ' yr re x1ti tlC"ullurVd,gww C.uiii uejSjun MACCW. rJoku. Waa NialePear Exit rriorSkiwo N'191[C JRI8 Arrhtikrtural Bond Trim }'pow, vai V.1- Lot cr 0 IN OLENU &EIDE - cAr. "Aiok.. diked* C,)Wk': "k2#a°ar 6esi" C.-01_ry r, "i` .iW i fliok'C Fi7rer�f$onk-"1.iliti11R76` cckoww. } rxs�r A' lklo Ixd ,4tre �[:�rik�i,s7[Irai 41.,Ak(7.IAkf:. inM5'1s. 54..�J 1a[ee'ia6:. xr,c raor °*:.din;; �4t .. Y471`-.%MhdwrdMr1d 1teyr Trim fl[ .Wr 4'enrsk- Note: See project file for colors. Planning Commission Resolution 2003-0113 November 4, 2003 Page 37 of 16 EXHIBIT L: Tree Protection Plan --. _' -'y) - ------------ I �:r---- - - f°iM uR 2iY ts'Eid? ! 1i ] �i S • i sit lit i; • y ( � e t R { te:• ] � Tl� 5�Oi R lit[ N�{�: =1 9iE {; t>d �� ( zip ,!iFFFt (�! � ! i � Planning Commission Resolution 2003-0113 November 4, 2003 Page 38 of 16 EXHIBIT M: Arborist Report 802 PASO ROBLES STREET PASO ROBLES, CALIFORNIA 93446 805/239-1239 FAX 805/239-3742 ARBOR TREE SURGERY F,,:.. AY 2 2 2003 UN7TY DEVELOPM04T April 30, 2003 Rex Bennett 5785 San Jacinto Avenue Atascadero, CA 93422 This Tree Protection Plan is in regards to the development located at 5785 San Jacinto Avenue, Atascadem CA. The development has four native oak trees and the over all conditions are good. Impact to the all -remaining oak trees will be minimal if the following mitigation measures are adhered to. Please see attached spreadsheet for all proposed mitigation measures. The Plans drafted by IMM & Associates, Inc were used to identify the trees for this report. I have signed the lower right corner of the plans to verify their use. To obtain a clear understanding of these tree protection measures, it is suggested during all phases of construction the plans and the report be used to review the site with any and all personal working on the'(Sfoject, and that all management and supervisory personal sign the Tree Protection Plan to acknowledge the mitigation measures at hand. Trees on the project were identified on the plans in a clockwise direction. Trees needing mitigation measures were identified with yellow tape, any trees identified for removal were taped with red tape, tree numbers and trunk diameters (TDBH) have been documented on the plans. During all phases of construction and until the project is completed the following tree protection standards shall be in place and practiced for all trees needing mitigation measures. 1. Fencing: Must be a minimum of 4' high, chain link, snow or safety fence, staked at the dripline or line of encroachment for each tree or group of trees, fence must be up before any construction or earth moving begins. For areas where this is not possible, aeration of the soil (after development is complete) shall be required. 2. Soil Aeration Methods: Soils under the driplines that has been compacted by heavy equipment and/or constrygtion activities must be returned to their original state before all work is completed. Methods include water jetting, adding organic matter, and boring small h*s with an auger (18" deep, 2-3' apart with a 24' auger) and the application of moderate amounts of nitrogen fertilizer. Applicant's arborist shall advise. Planning Commission Resolution 2003-0113 November 4, 2003 Page 39 of 16 EXHIBIT M: Arborist Report 3. Chip Mulch: All areas within the driplines of the trees that cannot be fenced shall receive a 4-6" layer of chip mulch to retain moisture, soil structure and reduce the affects of soil compaction. 4. Trenching Within The Drip -line: All trenching under the driplines of native trees shall be hand -dug, augured or bored, and all major roots shall be avoided whenever possible. All exposed roots larger than 1" in diameter shall be `cut clean" with a sharp pruning tool and not ragged. 5. Grading Within the Driptine: Grading should not encroach within the dripline. If grading is necessary, construction of retaining walls or tree wells or other protection measures may be necessary to insure the survivability of the trees. Chip mulch, 4-6" in-depth may also be required in these areas. Grading should not disrupt the normal drainage pattern around the trees. Fills should not create a pounding condition and excavations should not leave the trees on a rapidly draining mound. 6. Exposed Roots: Any exposed roots shall be recovered the same day they were exposed. 7. Paving Within the Drip -line: Pervious surfacing is preferred within the drip -line of any oak trees. 8. Compaction: Vehicles and all heavy equipment shall not be driven under the trees, as this will contribute to soil compaction. 9. Existing Surfaces: The existing ground surface within the dripline of all Oak trees shall not be cut, filled, compacted or pared. 10. Construction Materials and Waste: No liquid or solid excess or waste construction materials shall be dumped on the ground or into any area between the dripline of any Oak trees. 11. Arborist Monitoring: During construction an arborist shall be present when encroaching within the dripline of any Oak tree. 12. Pre -Construction Meeting: An on-site pre -construction meeting with the Arborist, Owner, Planning Staff, Contractor and the earth moving team shall be required for this project. 13. Prior to final occupancy: A letter from the arborist shall be required verifying the health/condition of all impacted trees and providing any recommendations for any additional mitigation. The letter shall verify that the arborist was on-site for all grading activity that encroached into the drip -line of all native trees, and that all work in these said areas was done to standards and methods proposed by the arborist. Please call me if I may be of any future assistance to you for this project. Steven G. Alvarez Certified Arborist #WC -0511 Planning Commission Resolution 2003-0113 November 4, 2003 Page 40 of 16 EXHIBIT M: Arborist Report 9 10 11 TREE TREE TRUNK TREE CONST DRIP -LINE CONST MITIGATION MONT PRUNING FIELD # SPECIES DBH CONDITION STATUS % IMPACT IMPACT PROPOSAL REQUIRED CLASS NOTES 1 LO 31" 6 IMP 10% G,C,T F,M,RP,P YES 4 LOW IMPACT 2 LO X2 18" 6 IMP 10% G,C, F,M,RP,P YES 4 LOW IMPACT 3 LO 2X 55" 2 rem 100% G 'CJ F M RP P YES 4 severe cacity @ trunk see evaluation 4 WO 16" 6 A 0% G,C F,M,RP,P YES 4 LOW IMPACT 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 1 = TREE #'. MOSTLY CLOCKWISE FROM DUE NORTH ] =CONSTRUCTION IMPACT TYPE'. GRADING, COMPACTION, TRENCHING 2= TREE TYPE: COMMON NAME IE W.O.= WHITE OAK 8 =MITIGATION REQUIREMENTS: FENCING, MONITORING, ROOTING PRUNING, PRUNING 3 = TRUNK DIAMETER @ 4'6" 9 -ARBORIST MONITORING REQUIRED: YESINO 4= TREE CONDITION: 1 = POOR, 10 = EXCELLENT 10 = PERSCRIBED PRUNING: CLASS 1-4 6= CONSTRUCTION STATUS: AVOIDED, IMPACTED, REMOVAL 11 =FIELD NOTES 6= DRIP -LINE: PERCENT OF IMPACTED DRIP -LINE Planning Commission Resolution 2003-0113 November 4, 2003 Page 41 of 16 EXHIBIT M: Arborist Report EVALUATION OF HAZARD TREES A Photographic Gu i to the Evaluabon of Hazara Trees In Urban Areas . TREE HAZARD EVALUATION FORM 2nd Edition ;:e3apett� �1� - •.latSLuatt)n � ][ - - --- mare S:e 'YOte nacaro rlwdf Outlrac ptwtle _L— rr.r nc:.a _/fr ?.:!' _. �Yerer, yjwi 4,eog �lmr .X..✓ is _ •1 ` rJGe' I mmfdgle a•1on negr.' Cale to �= S -O'► 'n;oetca �?� - ?eee 7/:751.roecdon _ 11"Os IV", �nseC•ron Ond YFt TREE CHARACTERISTICS tee t_ 3peves �: J -< Urse DBM '—reef Oueti Z -9m ac_ saw. 3S Fym }/OeroraN ;rmrres: =mrnW atY'nmprf =mad aS.mmtn .UUM0:t•'A _743 now Crwrfcnet' _ domna„ je(a-0omrum ',r(e-. 600if =ar--,m Lne crdwt "AW L,a— % age cu= r0unq umrn aRkt n17Ntt KO,t•••"dwerunewm �vmp :usterK 7pv+r Cltlnro ] u essMh TrineO twed _ a0wn -SSW . , 001L(1e0 _ 0,0-n rcoxtd _'iu:n Wit __ C3b*=race] �'Cne �rfultpt eru'u'O CVMtY a.ONi Ca1G: y SOtt111 Yt10e: �LpC:imwn �n0'd1gNr,YSO'V.=rh►nlle ;unsWl _Nrtt :rot =�e:n _SJ7e=rw�nous y{a 9tK:0.':V y'CM 7VIMC/ TREE HEALTH =olrapr color 9U nu Ccrvwi:=-s_n'9c Eprcxmlts' : Grotto o✓>:lnrloes 70t=a denalM 2 aama it Orst Lead Wt: jrewrrnrf SMI � ::1►ii NUE^.t5 _ f1,j9y _ eaclt5 Ann" Lwal gmwft _ire -b I blW- J06 ZO= hrig OirdaO? w N _ CJ6'1u•t'^trl _ :Ards Woeadreod Eevel00Rredt eceltot Kaiwapt Zff" JnOv _olfw Yrpv aaa .rode r C average )fair C Dw Va -ar cesxdheatW �,Qd.A 7e- SITE CONDITIONS S,tecnenc:ef j(.rcexc Zwmmwcw �Ir10.01tti� Cp:'e r=opo'. Yat:a =nm.n1 '1 w00011M�tptCt tandscIeN hS.yC 3:1rkN1Y 7f44W Std 00wwAwW=:n:und Z U"" _ i'+ru0 JX +tnJ xtm :41a9a1: 16 t atio0lo4 -- mdt0uaw z ezcessm _ aunt rertkc Resew Vie eislurtNtltt? + ® Z conitrV,,bw c 3OI mtumwt :: r" vw :e :: Int celrn0 tee crarxv %dra."pntd: 0% 10-25K 25.5 53151 TS•1504 >'avt metl FAM? Y (. drpline al fill st*l C'1: 7.15')25.50% SO•TSA 75 tyJ!, % dnpllne -rade .vwert6 *25% 25.50% 54751E 75•'00'•h Sol 2(w/ms:l dr7roy. :glpa'mcpmWned _0rougnty C2jM+e Zalave _aadc _Smae•rrume _d6tase<Ktet MUM Oftaw coy _ vw-I,;ttt = Kee —' Awcr ()wnloaer 7-sgmt � sgnar Z ww• y wel .rew ❑ 0sefaded lrtes i uu0t �rarq :dt[es = vanK G adient .q;. Ecptsurt to Nlnd. r•I WV* t'et v SelaN CV40Y : aoow MVV :"- rww jy 3 Vmd O •tr, Naro ctna7v td7t Yta oratil t0 at�plYo. Prtrad.ng mind dimV-tortQCC;rrtrx" 0t trQwAC* Sr0rms l3mef CStfdOm ]rtQ•aanf TARGET Uta L'edet i•te: x:wdnO pat nq C lirec r XdSL©_ raotae t �4r s aGt adsctpt = SmiY tpl7 aixd ltf Mies Can -.vgee to mored? Y Ca0 est M tesa'ItYtd' v OtalDanc?- C =Sj0nw ne D initt0lltlE 5 �t uCttni u:e O evresar(� e The InlelfrsiGOvl Sxiety d arbonat!u-c auumtl M •e3x"MI ily (d :adus+0rn or rttXt*men3tliYC de/..ed Isom int Cl *is tam. . Specimen: TREE HAZARD EVALUATION FORM, Page 1 Planning Commission Resolution 2003-0113 November 4, 2003 Page 42 of 16 EXHIBIT M: Arborist Report TREE DEFECTS xoorofffcrs ;mooed ,001 rot w MtChroer11.t1wall"041 ileum • C. to ..- __ - __ - --•- Esoosed•Gots. sely? _^xr+f I't:w jMq,Mm4d'rAt'28 -79 4001 pmnteTAr1 x •+m0'run. Nom arta altefJed: __ sunre•.i ,*Sdeo '1 seen .P1±tirlsie0 root area: . se'oert .MCO,3:f rYn Af1tM.M for loci 13111)(4 :rare '.Y[.•a:t 0.v iftJlt �.Q_v Y -J ''0m rt><KY Lns� n.r:l t .nna:wJ ;er-qyr. ra,:i Sal pemnp. O . Dem r Stant of titan: �6 Neets oreetn e 65) Sod vawnp: + W c4mow"rxfars: laid 00,%, 1-7 _, raase+enM uwtr nasetae :o. 1en..... nrrrrrc ..n.....,......-. It _ _a xw-11:1W u1e f ww seer , :eWRm02rate OffFCTI 400T C90" TRUItt ! SCufOIOS ISIMCM - 1?✓:w swot Ca00•>•ni'rvlans 1 I Nuh ! oltKnmMiS :MkAta !3Wt EateS" dnd'M 1 I GJcwtiQtts I sttrsMn ;1.rct /1t0nOLstY't . Gtntr I Cons'.-cenrcom,•xtaa I I Bkt�t til« AV .,:ese•;ransec oat Nlsb-ghoe'Dtl-ne - _ Otaexoc� s 1)as b eoressaarmces'artrs ' Graurs' t -„Dugs Pmios wt,e � I HAZARD RATING %i kite part Ks USN to ya W a OCOBrC� 1 •lar 2 - rtod4m; 7 • e xere Irnpecsen penw- mn•.W _ :wna.m _, ottw _ Sim 71717rT t <6• I anX 2 • li- 3 . III -30• cnj RM1)1 a:ten al . si:ea/tt Pvt . Wvv oaenq • ttvaro `arra Taye ntsrvj t - oass+atu use 2 G/ y J Onstrr 1)S HAZARD ABATEME—NT Prt w. -_ rorene �eiecvrt aw Z raduae end n,Wl rase Mno7r _ ;"n 'eG/a _ 'estn evre s a0[ ea01t'9net: za"d tllydt r. _ rOpt r1Cwn Oec�l _ xro t'fMr1) Remo1■ frit, Ott g9plxe, , N wm tarw Y it Diller E11ec sn 3eiaeera tees: tKoof _ nvtrsse fta katidm 68cwner iwt.. /D L S- -> A COMMENTS /mow' -J< Specimen: TREE HAZARD EVALUAI K FORM, Page 2 ITEM NUMBER: 3 DATE: 11-4-03 ATTACHMENT 5: Draft Resolution PC 2003-0113 PD -7 Master Plan of Development (CUP 2003-0102)/ZCH 2002-0053/TTM 2003-0034 Approval of Proposed Vesting Tentative Tract Map DRAFT RESOLUTION PC 2003-0113 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO RECOMMENDING THAT THE CITY COUNCIL APPROVE VESTING TENTATIVE TRACT MAP 2003-0034 A FIVE LOT MAP CONSISTENT WITH A PD -7 OVERLAY ZONE OF APN 029-301-039 (5785 San Jacinto Ave / Bennett) WHEREAS, an application has been received from Rex Bennett (5785 San Jacinto Ave, 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 five lot residential Tentative Parcel Map on APN 029-301-039 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 November 4, 2003, studied and considered Tentative Tract Map 2003-0034, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project; and, Planning Commission Resolution 2003-0113 November 4, 2003 Page 2 of 16 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: 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 2003-0102). 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 November 4, 2003, resolved to recommend that the City Council approval of Vesting Tentative Tract Map (TTM 2003-0034) subject to the following: 1. Exhibit A: Vesting Tentative Tract Map 2003-0034 2. Exhibit B: Conditions of Approval / Mitigation Monitoring Program. Planning Commission Resolution 2003-0113 November 4, 2003 Page 3 of 16 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 2003-0113 November 4, 2003 Page 4 of 16 Exhibit A: Vesting Tentative Tract Map 2003-0034 11 1 4- ---------- M Z 0 11K rij r > 0 > _0 > M >'O > 0 - -U M Ut 0 a, 0 z 000 gi 2 z zd. a, > 0 Z r- 0 0 GNU 0 . M )P-0 Q RX > 10 o M > Cj' ->O .0' 0, '.1 U) DD (n 0 0 > M 0 Q lit pIifii 1 G1 M M 0 > (/) Z SO Planning Commission Resolution 2003-0113 November 4, 2003 Page 5 of 16 Exhibit B: Conditions Of Approval / Mitigation Monitoring Program Conditions of Approval / Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring GP: Grading Permit PS: Planning Services 5785 San Jacinto Ave BP: Building Permit SIP: Subdivision BS: Building Vesting Tentative Tract Map Improvement Plans Services TTM 2002-0034 FM: Final Map FD: Fire Department PD: Police TO: Temporary Occupancy Department FI: Final inspection CE: City Engineer WW: Wastewater FO: Final Occupancy CA: City Attorney 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 5785 San Jacinto Ave (APN 029- 301-039) 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 construction valuation of each of the market rate units. Planning Commission Resolution 2003-0113 November 4, 2003 Page 6 of 16 Conditions of Approval / Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring GP: Grading Permit PS: Planning Services 5785 San Jacinto Ave BP: Building Permit BS: Building Vesting Tentative Tract Map SIP: Subdivision Improvement Plans Services TTM 2002-0034 FM: Final Map FD: Fire Department PD: Police TO: Temporary Occupancy Department FI: Final inspection FO: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attorney 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 Lots 1, 2, 4, and 5. Lot 3 shall provide a minimum of 12 -foot wide paved access for the portion of the driveway located on parcel 3. 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 Drainage: BP PS/PW 17. Each individual lot shall have a basin. The roofs of the houses and hard surfaces shall drain directly into the basins. Drainage easements shall be recorded on the final map to allow the storm water to flow to the street. 18. All requirements of Section 5 "Storm Drainage" of the BP PW Engineering Department standard specifications and drawings will be met. Planning Commission Resolution 2003-0113 November 4, 2003 Page 7 of 16 Conditions of Approval / Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring GP: Grading Permit PS: Planning Services 5785 San Jacinto Ave BP: Building Permit BS: Building Vesting Tentative Tract Map SIP: Subdivision Improvement Plans Services TTM 2002-0034 FM: Final Map FD: Fire Department PD: Police TO: Temporary Occupancy Department FI: Final inspection FO: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. 19. Obtain approval by the City Engineer of the grading & BP/GP/FM PW drainage plan and the storm drain design & facilities. 20. The existing 18 inch culvert that crosses Olmeda Ave BP PW shall be allowed to continue to function. The storm water shall be conveyed through the property in a culvert to an underwalk drain on San Jacinto Ave. 21. Concentrated drainage from off-site and onto offsite FM PW areas shall be conveyed across the project site in drainage easements. Acquire drainage easements where needed. Drainage shall cross lot lines only where a drainage easement has been provided. BP PW Frontage Improvements: 22. San Jacinto Ave. Curb, gutter and sidewalk shall be installed along the entire property frontage. The back of sidewalk shall be placed on the property line. The sidewalk shall be extended to the west to the existing sidewalk. In all cases the path of travel on the sidewalk shall be 4 feet wide, with no obstructions. 23. Olmeda Ave. Curb, gutter and sidewalk shall be installed along the entire property frontage. The curb and gutter may be separated from the sidewalk at the existing oak tree. 24. Olmeda Ave and San Jacinto Intersection. Landscaping and site improvements shall not be installed to block the sight distance for vehicles turn off Olmeda Ave. onto San Jacinto Ave. 25. San Jacinto and Olmeda. The sidewalk shall be provided at the edge of the right-of-way and a minimum 4 -foot wide planter strip shall separate the road from the pedestrian sidewalk. 26. All public improvements shall be design by a FM PW registered Civil Engineer and constructed in conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 27. 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. Planning Commission Resolution 2003-0113 November 4, 2003 Page 8 of 16 Conditions of Approval / Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring GP: Grading Permit PS: Planning Services 5785 San Jacinto Ave BP: Building Permit BS: Building Vesting Tentative Tract Map SIP: Subdivision Improvement Plans Services TTM 2002-0034 FM: Final Map FD: Fire Department PD: Police TO: Temporary Occupancy Department FI: Final inspection FO: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. City Engineer Standard Conditions 28. All public improvements shall be constructed in BP BS conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings and/or as directed by the City Engineer. 29. In the event that the applicant is allowed to bond for BP PW the public improvements required as a condition of the final map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 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. An encroachment permit shall be obtained prior to the BP BS issuance of building permit. 33. The applicant shall enter into a Plan Check/Inspection BP PW agreement with the City. 34. A six (6) foot Public Utility Easement (PUE) shall be BP BS provided where needed. 35. The applicant shall be responsible for the relocation BP PW and/or alteration of existing utilities. 36. The applicant shall install all new utilities (water, gas, BP PW electric, cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 37. The applicant shall monument all property corners for BP PS/PW construction control and shall promptly replace them if disturbed. 38. The applicant shall acquire title interest in any off-site BP PS/PW land that may be required to allow for the construction of the improvements. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress and egress is affected by these improvements. 39. Slope easements shall be provided as needed to BP PW accommodate cut of fill slopes. Planning Commission Resolution 2003-0113 November 4, 2003 Page 9 of 16 Conditions of Approval / Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring GP: Grading Permit PS: Planning Services 5785 San Jacinto Ave BP: Building Permit BS: Building Vesting Tentative Tract Map SIP: Subdivision Improvement Plans Services TTM 2002-0034 FM: Final Map FD: Fire Department PD: Police TO: Temporary Occupancy Department FI: Final inspection FO: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. 40. Drainage easements shall be provided as needed to BP BS accommodate both public and private drainage facilities. 41. A preliminary subdivision guarantee shall be BP PW submitted for review in conjunction with the processing of the map. 42. All existing and proposed utility, pipeline, open space, BP PW or other easements are to be shown on the parcel map. If there are building or other restrictions related to the easements, they shall be noted on the parcel map. The applicant shall show all access restrictions on the parcel map. 43. The final map shall be signed by the City Engineer BP PW prior to the map being placed on the agenda for City Council acceptance. 44. Prior to recording the final map, the applicant shall submit a map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance shall submit the map for review and approval. 45. Prior to recording the final 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. 46. Prior to recording the parcel map, the applicant shall pay all outstanding plan check/inspection fees. 47. Prior to recording the map, the applicant shall complete all improvements required by these conditions of approval. 48. Prior to recording the parcel map, the applicant shall have the map reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company indicating their review of the map. The letter shall identify any new easements that may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall Planning Commission Resolution 2003-0113 November 4, 2003 Page 10 of 16 Conditions of Approval / Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring GP: Grading Permit PS: Planning Services 5785 San Jacinto Ave BP: Building Permit BS: Building Vesting Tentative Tract Map SIP: Subdivision Improvement Plans Services TTM 2002-0034 FM: Final Map FD: Fire Department PD: Police TO: Temporary Occupancy Department FI: Final inspection FO: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. be shown on the parcel map. 49. 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 and a digital copy of the map. 50. Prior to the final inspection of any public improvements, the applicant shall submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans. 51. 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. Wastewater: 52. Applicant shall pay sewer Extension (Annexation), Connection and Reimbursement fees (if applicable) upon issuance of building permit. 53. Final project inspection shall be contingent upon completion of the public sewer extension and Public Works final inspection. 54. Gravity mains within the subdivision shall be eight (8) inches in diameter. 55. Gravity mains shall terminate in manholes. 56. Drainage piping serving fixtures which have flood level rims located below the elevation of the next upstream manhole cover of the public or private sewer serving such drainage piping shall be protected from backflow of sewage by installing an approved type backwater valve Fixtures above such elevation shall not discharge through the backwater valve. Atascadero Mutual Water Company 57. Prior to start of construction, or the recording of Final BP BS 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 Atascadero Mutual Water Company Standards. Planning Commission Resolution 2003-0113 November 4, 2003 Page 11 of 16 Conditions of Approval / Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring GP: Grading Permit PS: Planning Services 5785 San Jacinto Ave BP: Building Permit BS: Building Vesting Tentative Tract Map SIP: Subdivision Improvement Plans Services TTM 2002-0034 FM: Final Map FD: Fire Department PD: Police TO: Temporary Occupancy Department FI: Final inspection FO: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. 58. Prior to the issuance of building permits, the applicant BP BS shall obtain a "Will Serve" letter from the Atascadero Mutual Water Company for the newly created lots. 59. Prior to the start of construction, the applicant shall BP BS pay all installation and connection fees required by the Atascadero Mutual Water Company, or enter in to a "deferred connection" agreement. 60. All water distribution facilities shall be constructed in BP BS 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. Mitigation Measures Mitigation Measure 1.c.1: If exterior lighting is proposed, it BP PS 1.C.1 shall be designed to eliminate any off site glare. All exterior site lights shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. Any luminaire pole height shall not exceed 16 -feet in height, limit intensity to 2.0 foot candles at ingress/egress, and otherwise 0.6 foot candle minimum to 1.0 maximum within the private street. Fixtures shall be shield cut-off type and compatible with historic setting, subject to staff approval. Mitigation Measure 3.b.1: The project shall be conditioned to BP BS 3.b.1 comply with all applicable District regulations pertaining to the control of fugitive dust (PM -10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. Section 6.3: Construction Equipment • Maintain all construction equipment in proper tune according to manufacturer's specifications. • Fuel all off-road and portable diesel powered equipment, including but not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power units, with ARB certified motor vehicle diesel fuel (Non - taxed version suitable for use off-road). • Maximize to the extent feasible, the use of diesel construction equipment meeting the ARB's 1996 or newer certification standard for off-road heavy-duty diesel engines. • Install diesel oxidation catalysts (DOC), catalyzed diesels particulate filters (CDPF) or other District approved emission reduction retrofit services Planning Commission Resolution 2003-0113 November 4, 2003 Page 12 of 16 Conditions of Approval / Mitigation Monitoring Program 5785 San Jacinto Ave Vesting Tentative Tract Map TTM 2002-0034 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure (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 s hould be sprayed daily as needed. P. Permanent dust control measures identified in the approved project re -vegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities. Q. Exposed ground areas that are plann4ed to be reworked at dates greater than one month after initial grading should be sown with a fast -germinating native grass seed and watered until vegetation is established. R. All disturbed soil areas not subject to re -vegetation should be stabilized using approved chemical soil binder, jute netting, or other methods approved in advance by the APCD. S. All roadways, driveways, sidewalks, etc, to be paved should be complete as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. T. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. U. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114. V. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or was off trucks and equipment leaving the site. W. Sweep streets at the end of each day if visible soil Planning Commission Resolution 2003-0113 November 4, 2003 Page 13 of 16 Conditions of Approval / Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring GP: Grading Permit PS: Planning Services 5785 San Jacinto Ave BP: Building Permit BS: Building Vesting Tentative Tract Map SIP: Subdivision Improvement Plans Services TTM 2002-0034 FM: Final Map FD: Fire Department PD: Police TO: Temporary Occupancy Department FI: Final inspection FO: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. 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.1: The building permit site plan shall GP PS/BS 4.e.1 identify all protection and enhancement measures recommended by the Certified Arborist in the Tree Protection Plan. Tree protection fencing shall be installed at the locations called out in the Tree Protection Plan. Mitigation Measure 4.e.2: The Precise Grading Plan shall GP PS/BS 4.e.2 identify tree protection fencing around the dripline of each existing on-site tree and/or native shrub mass within 20 feet of construction activity. Mitigation Measure 4.e.3: Grading and excavation and GP PS/BS 4.e.3 grading work shall be consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: 7. All existing trees outside of the limits of work shall remain. 8. Earthwork shall not exceed the limits of the project area. 9. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 10. Vehicles and stockpiled material shall be stored outside the dripline of all trees. 11. 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. 12. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. Planning Commission Resolution 2003-0113 November 4, 2003 Page 14 of 16 Conditions of Approval / Mitigation Monitoring Program 5785 San Jacinto Ave Vesting Tentative Tract Map TTM 2002-0034 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure Mitigation Measure 4.e.4: The developer shall contract with a GP PS/BS 4.e.4 certified arborist during all phases of project implementation. The certified arborists shall be responsible for monitoring the project during all phases of construction through project completion, as follows: (a). A written agreement between the arborist and the developer outlining a arborist monitoring schedule for each construction phase through final inspection shall be submitted to and approved by planning staff prior to the issuance of building/grading permits. (b). Arborist shall schedule a pre -construction meeting with engineering /planning staff, grading equipment operators, project superintendent to review the project conditions and requirements prior to any grubbing or earth work for any portion of the project site. All tree protection fencing and trunk protection shall be installed for inspection during the meeting. Tree protection fencing shall be installed at the line of encroachment into the tree's root zone area. (c). As specified by the arborist report and City staff: ■ Fencing: Must be a minimum of 4' high, chain link, and snow or safety fence, staked at the drip -line or line of encroachment for each tree or group of trees. Tree fencing shall be erected before demolition, grading, or construction begins and remains in place until final inspection of the project permit, except for work specifically required in the approved plans in which case the project arborist or Planning Staff must be consulted. ■ Soil Aeration Methods: Soils under drip -lines that have been compacted by heavy equipment and/or construction activities must be returned to their original state before all work is completed. Methods include waterjetting, adding organic matter, and boring small holes with an auger (18" deep, 2-3' apart with a 24" auger) and the application of moderate amounts of nitrogen fertilizer. The arborist shall advise. ■ Chip Mulch: All areas within the drip -line of the trees that cannot be fenced shall receive a 4-6" layer of chip mulch to retain moisture, soil structure and reduce the effects of soil compaction. ■ Trenching within the Drip -line: All trenching under drip -lines of native trees shall be hand dug, augured or bored. All major roots shall be avoided whenever possible. All exposed roots larger than 1" in diameter shall be 'clean cut with a sharp pruning tool and not left ragged. Planning Commission Resolution 2003-0113 November 4, 2003 Page 15 of 16 Conditions of Approval / Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring GP: Grading Permit PS: Planning Services 5785 San Jacinto Ave BP: Building Permit BS: Building Vesting Tentative Tract Map SIP: Subdivision Improvement Plans Services TTM 2002-0034 FM: Final Map FD: Fire Department PD: Police TO: Temporary Occupancy Department FI: Final inspection FO: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. ■ Grading within drip -line: Grading should not encroach within the drip -line. If grading is necessary, construction of retaining walls or tree wells or other protection measures may be necessary to insure the survivability of the trees. Chip mulch 4-0" in depth may also be required in these areas. Grading should not disrupt the normal drainage pattern around the trees. Fills should not create a ponding condition and excavations should not leave the tree on a rapidly draining mound. ■ Exposed Roots: Any exposed roots shall be recovered the same day they were exposed. ■ Paving within the Drip -line: Pervious surfacing is required within the dripline of any oak trees. ■ Compaction: Vehicles and all heavy equipment shall not be driven under the trees, as this will contribute to soil compaction. ■ Existing Surfaces: The existing ground surface within the drip -line of all oak trees shall not be cut, filled, compacted or pared. ■ Construction materials and waste: No liquid or solid construction waste shall be dumped on the ground within the drip -line of any oak tree. ■ Arborist Monitoring: During construction an arborist shall be present when encroaching within the dripline of any Oak tree. (d). Upon project completion and prior to final occupancy a final status report shall be prepared by the project arborist certifying that the tree protection plan was implemented, the trees designated for protection were protected during construction, and the construction -related tree protection measures are no longer required for tree protection. Mitigation Measure 6.b.1: The grading permit application plans GP BS 6.b.1 shall include erosion control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. Mitigation Measure 6.c.d.1 : A soils report shall be required to GP 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 ofthe soils report to assure safety for residents and buildings. Planning Commission Resolution 2003-0113 November 4, 2003 Page 16 of 16 Conditions of Approval / Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring GP: Grading Permit PS: Planning Services 5785 San Jacinto Ave BP: Building Permit BS: Building Vesting Tentative Tract Map SIP: Subdivision Improvement Plans Services TTM 2002-0034 FM: Final Map FD: Fire Department PD: Police TO: Temporary Occupancy Department FI: Final inspection FO: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure 8e.f.1: A Stormwater Pollution Prevention GP BS 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 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 work orders. Mitigation Measure 11.d.1: All construction activities shall GP BS 11.d.1 comply with the City of Atascadero Noise Ordinance for hours of operation. Construction activities shall be limited to the following hours of operation: • 7 a.m. to 7 p.m. Monday through Friday • 9 a.m. to 6 p.m. Saturday • No construction on Sunday Further, particularly loud noises shall not occur before 8 a.m. on weekdays and not at all on weekends. The Community Development Director upon a determination that unusually loud construction activities are having a significant impact on the neighbors may modify the hours of construction. Failure to comply with the above-described hours of operation may result in withholding of inspections and possible construction prohibitions, subject to the review and approval of the Community Development Director. A sign shall be posted on-site with the hours of operation and a telephone number of the person to be contacted in the event of any violations. Staff shall approve the details of such a sign during the Grading Plan/Building Permit review process. \\Cityhall\CDvlpmnt\- ZCH - Zone Change\ZC 03\ZCH 2003-0053. San Jacinto PD7\ZCH 2003-0053 PC-SR.kg.doc ITEM NUMBER: 4 DATE: 11/4/03 Atascadero Planning Commission Staff Report — Community Development Department Tentative Tract Map 2003-0040 (Tract 2583) Northwest Corner of Pueblo and San Luis Avenues (APNs Portions of 030-232-015, 016, 024 and 028) Kelly Gearhart/Morro Road Homes, LLC RECOMMENDATION(S): The Planning Commission: 1. Adopt Resolution No. PC 2003-0109 approving Tentative Tract Map 2003-0040 (Tract 2583), a request to subdivide one parcel totaling 24,282 square feet (.55 acres) into three parcels of 6,870 square feet, 6,278 square feet and 11,133 square feet, based on findings and subject to conditions. REPORT -IN -BRIEF: A request to subdivide one commercial lot into three lots to facilitate the sale of commercial buildings. The site is located on the northwest corner of Pueblo and San Luis Avenues within the commercial retail zoning district. SITUATION AND FACTS: 1. Applicant/Owner: Morro Road Homes, LLC/Kelly Gearhart, 6205 Alcantara Avenue, Atascadero, California 93422 (805) 461-7504 2. Representative: Wilson Land Surveys, 7600 Morro Road, Atascadero, California 93422 (805) 466-2445 3. Project Address: Northwest Corner of Pueblo and San Luis Avenues, Atascadero, California 93422 ITEM NUMBER: 4 DATE: 11/4/03 4. General Plan Designation: GC (General Commercial) 5. Zoning District: CR (Commercial Retail) 6. Site Area: 24,282 square feet (.55 acres, gross) 7. Existing Use: Under construction. 8. Environmental Status: Exempt from CEQA, Class 15. DISCUSSION: Background: This site is currently under development with the Pueblo Commercial Center, a 5 -unit (Buildings A through E) commercial retail development approved through Conditional Use Permit 2001-0042. Buildings A and B are currently on individual lots and this subdivision would allow individual lots for the remaining 3 buildings (Building C through E). ITEM NUMBER: 4 DATE: 11/4/03 The surrounding parcels are zoned for commercial use. Analysis: There is no minimum lot size for commercially zone properties. This subdivision would result in lot sizes of .157 acres (6,870 square feet); .144 acres (6,278 square feet) and .255 acres (11,133 square feet). Reciprocal access and parking easements will be required. Environmental Review: The project is a Class 15 categorical exemption from the California Environmental Quality Act (CEQA Guidelines, Section 15315). Public Improvements: Public improvements were required with the Conditional Use Permit entitlement and are under construction or have been completed at this time. ITEM NUMBER: 4 DATE: 11/4/03 � g Access Easement Z. §€Area for all Parcels h F 300 w °g w ? I � I I I o I I � } Reciprocal Parking Areas 1 r §ffi 1 �€. Parcells m bc Parcel 2 N m Parcel 3 b On 6 Proposed Tentative Map for Tract 2583 Subdivision Design: The proposed project is designed as a commercial retail park. 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. ALTERNATIVES: ITEM NUMBER: 4 DATE: 11/4/03 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 Draft Resolution 2003-0097 ITEM NUMBER: 4 DATE: 11/4/03 ATTACHMENT 1: Draft Resolution PC 2003-0109 TTM 2003-0040 (Tract 2583) Northwest Corner of Pueblo and San Luis Avenues DRAFT RESOLUTION NO. PC 2003-0109 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING TENTATIVE TRACT MAP 2003-0040 TO DIVIDE ONE COMMERCIAL LOT INTO THREE COMMERCIAL LOTS ON THE NORTHWEST CORNER OF PUEBLO AND SAN LUIS AVENUES (APN Portions of 030-232-015, 016, 024, and 028) (MORRO ROAD HOMES, LLC/KELLY GEARHART) WHEREAS, Kelly Gearhart, 6205 Alcantara Avenue, Atascadero, California 93422 (Applicant) and Morro Road Homes, LLC, (Property Owner) applied for a Tentative Tract Map to subdivide one lot btaling .557 acres (24,282 square feet) into three parcels of .157 acres (6,870 square feet); .144 acres (6,278 square feet) and .255 acres (11,133 square feet) each; and, WHEREAS, the proposed project has a General Plan Designation of General Commercial (GC) 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 Commercial Retail (CR) zoning district which allows for the proposed use and density when certain findings are made; and, WHEREAS, the project is exempt from the California Environmental Quality Act (CEQA) based on CEQA Guidelines, Section 15315; and, WHEREAS, the Planning Commission held a duly noticed public hearing to consider the proposed Tentative Tract Map application on November 4, 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. FindinlZs for approval of subdivision. The Planning Commission finds as follows: L The proposed subdivision, as conditioned, is consistent with the General Plan and applicable zoning requirements. ITEM NUMBER: 4 DATE: 11/4/03 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. 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. SECTION 2. Approval. The Planning Commission does hereby approve Tentative Tract Map 2003-0040 (Tract 2583) to subdivide one parcel totaling .557 acres (24,282 square feet) into three parcels of .157 acres (6,870 square feet); .144 acres (6,278 square feet) and .255 acres (11,133 square feet) each in the Commercial Retail zoning district, subject to the following Conditions aid Exhibits: EXHIBIT A: Conditions of Approval EXHIBIT B: Tentative Tract Map 2003-0040 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: ( ) ITEM NUMBER: DATE: 11/4/03 CITY OF ATASCADERO, CA Roberta. Fonzi, Planning Commission Chairperson ATTEST: Warren Frace Planning Commission Secretary ITEM NUMBER: DATE: 11/4/03 EXHIBIT B: Conditions of Approval Draft Resolution PC 2003-0109 TTM 2003-0040 Conditions of Approval / Mitigation Monitoring Timing Responsibility Mitigation Program /Monitoring Measure PM: Parcel Map TTM 2003-0040 (Tract 2583) GP: Grading Prmt PS: Planning Services BP: Building Prmt BS: Building Services Northwest Corner of Pueblo and San Luis Avenues 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 FM PS authority to approve minor changes to the project that (1) result in a superior site design or appearance, and/or (2) address a construction design issue that is not substantive to the Tentative Tract Map. 4. A tract map drawn in substantial conformance with the FM 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. 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, ITEM NUMBER: DATE: 11/4/03 Conditions of Approval / Mitigation Monitoring Timing Responsibility Mitigation Program /Monitoring Measure PM: Parcel Map TTM 2003-0040 (Tract 2583) GP: Grading Prmt PS: Planning Services BP: Building Prmt BS: Building Services Northwest Corner of Pueblo and San Luis Avenues 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 concerning the subdivision. Project Specific Conditions 6. Prior to recordation of the final map, the applicant shall FM PS/CE obtain ingress and egress easements across Parcels 1 and 2 of ATAL 01-0089 for the benefit of Parcels 1, 2, and 3 of this tract map (Tract 2583). 7. In conjunction with recordation of the final map, the FM PS applicant shall record, either on the face of the map, on an additional map sheet to be recorded with the final map, or by separate document (reviewed and approved by the City Attorney, the Public Works Director and the Community Development Director) ingress, egress and reciprocal parking easements. Engineering Standard Conditions 8. The applicant shall enter into a Plan Check/Inspection FM CE agreement with the City. 9. A preliminary subdivision guarantee shall be submitted for FM CE review in conjunction with the processing of the final map. 10. The final map shall be signed by the City Engineer prior to FM CE the map being placed on the agenda for City Council acceptance. 11. Prior to recording the final map, the applicant shall pay all FM CE outstanding plan check/inspection fees. 12. Prior to recording the final map, the applicant shall FM CE complete all improvements required by these conditions of approval. 13. Prior to recording the final map, the applicant's surveyor FM CE shall set monuments at all new property corners. A registered civil engineer or licensed land surveyor shall ITEM NUMBER: DATE: 11/4/03 Conditions of Approval / Mitigation Monitoring Timing Responsibility Mitigation Program /Monitoring Measure PM: Parcel Map TTM 2003-0040 (Tract 2583) GP: Grading Prmt PS: Planning Services BP: Building Prmt BS: Building Services Northwest Corner of Pueblo and San Luis Avenues 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 indicate by certificate on the final map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 14. Prior to recording the tract map, the applicant shall submit FM 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. 15. All existing and proposed utility, pipeline, open space, or FM CE 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. 16. Prior to recording the final map, the applicant shall have FM 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. 17. 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. 18. The applicant shall be responsible for the relocation and/or FM CE alteration of existing utilities. 19. The applicant shall install all new utilities (water, gas, FM CE electric, cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot ITEM NUMBER: DATE: 11/4/03 Conditions of Approval / Mitigation Monitoring Timing Responsibility Mitigation Program /Monitoring Measure PM: Parcel Map TTM 2003-0040 (Tract 2583) GP: Grading Prmt PS: Planning Services BP: Building Prmt BS: Building Services Northwest Corner of Pueblo and San Luis Avenues 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 or its public utility easement. Building /Fire Marshal: 20. All roads, accessways and driveways shall be built to Fire GP FD/PS/BS Department standards, including turnouts and/or turnarounds, as required. Water Company: FM 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. 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. ITEM NUMBER: DATE: 11/4/03 EXHIBIT B: Tentative Tract Map 2003-0040 (Tract 2583) Draft Resolution PC 2003-0109 TTM 2003-0040 w" LO pVE. lj I I I I I I ' �,.• I I I I �e Wh V s8€ z� Ad ao s � pVE. lj 19'g -4 I— s ITEM NUMBER: 4 DATE: 11/4/03 I I I I I I ' �,.• I I I I �e Wh V s8€ a g Ad � s8� C4 f9'VCt 3 tC.KCY N 9 }§ g a 8 ) IN I ,J�I�J,35 I LI_ J I 19'g -4 I— s ITEM NUMBER: 4 DATE: 11/4/03 �F m� �e Wh V s8€ a g Ad � s8� C4 9 }§ g a 8 ) �F Wh Lz %m= 9gw g ITEM NUMBER: DATE: 11/4/03 \\Cityhall\CDvlpmnt\- TTM - Tentative Tract Maps\TTM 02\TTM 2003-0040 Northwest Corner of Pueblo and San Luis Avenues\TTM 2003-0040 PC Staff Report.km.doc Non Build Area ITEM NUMBER: DATE: TO BE CONTINUED TO NOVEMBER 18, 2003 Applicant: Loren and Margaret Baldwin, 8710 Old Santa Rosa Road., Atascadero, CA 93422 Owner: Loren and Margaret Baldwin, 8710 Old Santa Rosa Road., Atascadero, CA 93422 Project Title: Tentative Parcel Map 2003-0048 Project 8710 Old Santa Rosa Road, Atascadero, CA Location: (San Luis Obispo County) APN 056-151-021 Project The proposed project consists of a parcel map subdividing one existing parcel into Description: two parcels. Proposed parcel 1 is currently developed with two single family dwellings and there would be no further development on this lot. Proposed parcel 2 is currently developed with an single family dwelling and would be allowed an additional secondary unit, no greater than 800 square feet. The project site is located within the Residential Single Family —Y (1 acre minimum) zoning district. The project will continue to take access from Old Santa Rosa Road. Onsite septic systems will be used for wastewater and water service will be provided by Atascadero Mutual Water Company. General Plan Designation: SFR -Y Zoning District: RFS -Y Proposed Environmental This project is exempt from CEQA per CEQA Guideline 15315. Determination: \\Cityhall\CDvlpmnt\- TPM - Tentative Parcel Maps\TPM 03\TPM 2003-0048 8710 Old Santa Rosa Road\PC To Be Continued to Nov 18.am.doc 11b ITEM NUMBER: 6 DATE: 11-4-03 Planning Commission Staff Report Planning Commission Review Hearing Conditional Use Permit U821025 Ralph's Custom Meats: 5400 Carrizo Road Approved by Atascadero Planning Commission December 6, 1982 (Tom Dorsey) SUBJECT: The Planning Commission will be holding an informational hearing for the purpose of reviewing the status of Conditional Use Permit U821025 for Ralph's Custom Meats, the conditions of approval and the business' compatibility with the neighborhood. RECOMMENDATION: Staff Recommends: The Planning Commission take testimony from the applicant and neighborhood on the operation of the business and provide staff with direction on how to prepare amended conditions of approval for a future hearing. SITUATION AND FACTS: 1. Owner: Tom Dorsey, 8225 Lake Nacimiento Drive, Paso Robles, CA 93446 2. Project Address: 5400 Carrizo Road, Atascadero, CA 93422 (San Luis Obispo County) APN 049-101-012 3. General Plan Designation: Single Family Residential 1/2 acre (SFR X) 4. Zoning District: Residential Single Family 1/2 acre (RSF-X) CUP 821025.1. PC -SR 2.11-4-03.wmf.doc ITEM NUMBER: DATE: 11-4-03 5. Existing Use: Single family house with free standing butcher shop 6. Environmental Status: Categorical Exemption CEQA section 15303 Class 3(c) was certified for the original CUP on December 6, 1982. BACKGROUND September 2, 2003 Planning Commission Hearing This is the second informational hearing that the Planning Commission has held on the subject use permit. The Commission first heard the item on September 2, 2003 (see Attachment 2 for summary minutes). At that meeting, seven members of the public spoke on the item including the owner an employee of the business. The comments from neighbors regarding the business' compatibility were varied and ranged from, significant incompatible nuisance, to minor incompatibility, to not a problem. Due to the varied comments and conflicting information that was presented, the Commission directed staff to investigate and report back on the following nine items: 1) What building permits have been granted in the past and at the present time? 2) A copy of the Health Department permits regarding the use on the property. 3) Square footage of all buildings on the site. 4) Whether there is a sales tax permit, and if it is possible to gauge the retail sales volume. 5) Delivery schedule to be placed within the CUP restricting the hours of delivery. 6) Traffic to be monitored on the site to determine if there is excess traffic and if traffic mitigation measures should be put into place. 7) A condition that trucks must be on the premises and not on the street. 8) A condition that all work is done in the building. 9) A brief history of the business indicating if volume has increased in the last three years over the original owners use. CUP 821025.1. PC -SR 2.11-4-03.wmf.doc ITEM NUMBER: DATE: 11-4-03 Staff has prepared the following table to address the Planning Commission's questions: Planning Commission Question Response 1. What building permits have been granted Building Permit #1418 issued 2-11-83 in the past and at the present time? 680 sf meat cutting building Finaled 5-1-83 Building Permit #5994 issued 4-7-89 Portable Freezer (unknown size) Finaled 5-4-89 Building Permit #2002-1749 504 sf cold storage building last inspection 5-23-03 outstanding items: engineer verification of foundation and side yard setback 2. A copy of the Health Department permits See Attachment 4 regarding the use on the property. State of California Department of Food and Agriculture Processing Inspector License Plant #837 expires 12-31-03 County of San Luis Obispo Division of Environmental Health Retail Market Permit PT0002513 expires 12-31-03 3. Square footage of all buildings on the See Attachment 5 site. Meat Cutting Building: 820 sf Cold Storage: 504 sf House: 1800 sf +/- 4. Whether there is a sales tax permit, and The business has a current City of Atascadero if it is possible to gauge the retail sales Business License. All sales tax information volume. related to the business is confidential and cannot be released. Likely, sales tax would not be useful indicator of business activity since meat cutting is a service that is not taxable and the sale of meat products would be a non-taxable food item. 5. Delivery schedule to be placed within the If the Planning Commission decides to hold a CUP restricting the hours of delivery. future hearing to amend the use permit then a condition could be added to the CUP restricting the hours of delivery. CUP 821025.1. PC -SR 2.11-4-03.wmf.doc ITEM NUMBER: DATE: 11-4-03 CUP 821025.1. PC -SR 2.11-4-03.wmf.doc That condition however, cannot be added at this meeting since this item has been advertised as an informational hearing only. 6. Traffic to be monitored on the site to The following traffic estimates are based on determine if there is excess traffic and if discussions with the owner. Staff does not traffic mitigation measures should be put have equipment available to conduct an into place. accurate traffic survey of the business without hiring a consultant. The intensity of the business appears to vary throughout the year with a summer peak related to the Mid State Fair. Winter is the slowest time for the business. Customer trips per day: Summer peak: 15-20 trips/day Year round average: 6 trips/day Winter low: 1-2 trips/day Truck trips: Harris Ranch (30 -ft truck): 2/month Pork Truck (18 wheeler): 2/month* *deliveries done off-site on EI Camino Real Tallow Truck (24 -ft truck): 1/week 2/week at Fair Harris Ranch (18 wheeler): 3/year at Fair UPS (24 -ft truck): 1/week Misc. Supply Truck: 1/month 7. A condition that trucks must be on the If the Planning Commission decides to hold a premises and not on the street. future hearing to amend the use permit then a condition could be added to the CUP restricting the location of truck deliveries. According to the owner, all truck delivers occur on site. That condition however, cannot be added at this meeting since this item has been advertised as an informational hearing only. 8. A condition that all work is done in the This condition already exists. building. 9. A brief history of the business indicating if According to the applicant, since he acquired volume has increased in the last three ownership of the business four years ago the years over the original owners use. business has grown at a rate of 10% annual. CUP 821025.1. PC -SR 2.11-4-03.wmf.doc ITEM NUMBER: DATE: 11-4-03 Use Permit Histoa Ralph's Custom Meats has been in operation at 5400 Carrizo Road for over 20 years. The original owner, Ralph McCornack applied to the City in 1982 for a conditional use permit to "establish a custom meat processing business in conjunction with an existing single family residence." In 1982 the zoning was A-1-2 %2 and the General Plan was SSF, Suburban Single Family. The Planning Commission held a public hearing and granted the CUP subject to conditions of approval on December 6, 1982 (see Attachment 2). The 1982 staff report indicates that the operation was to consist of the curing, cutting and packaging of carcasses that would be brought to the site. The staff report stated that "three to five customers will use his service in a week." It appears to staff, that Ralph's Custom Meat peacefully coexisted with the neighborhood until recently. The original owner and applicant Ralph McCornack lived in the house and operated the custom meat shop until fairly recently. Sometime during the past few years, the property and business were sold to the current owner Tom Dorsey. The current owner has grown the business to serve more customers which in turn has created neighborhood compatibility issues. Based on complaints received from the neighborhood in 2002, staff sent a letter to notify the owner that the business was out of compliance with the CUP's conditions of approval (see Attachment 3). At the time, the owner was repaving the driveway and reconstructing a freezer unit. Staff identified the following areas of CUP compliance that were a concern: Excerpts of Conditions of Approval 2. A minimum of two off-street parking stalls in addition to those required for the existing residence shall be provided. a. Spaces shall be 9' x 20' with a 24 foot turning radius and shall have a gravel or chip seal surface. c. Parking shall be located to the rear of the residence near the proposed accessory building. 4. The business shall be limited by the following operation conditions: a. No person shall be employed who is not a resident of the property. b. Operating hours shall be between 7:00 a.m. and 7:00 p.m. only. CUP 821025.1. PC -SR 2.11-4-03.wmf.doc ITEM NUMBER: DATE: 11-4-03 C. Company vehicles shall be limited to one in number and shall be parking in spaces required by Condition #2 above. Such vehicles shall be continuously maintained in a clean and sanitary condition with no blood, grease or similar encrustations allowed to build up. d. Custom meat processing on the premises shall be limited to curing, cutting and packaging processes, which shall be conducted entirely within the proposed meat processing building. Slaughter of animals on the premises is not permitted. e. Adequate solid waste storage facilities shall be provided and offal and similar waster by-products shall be removed from the premises as frequently as necessary to maintain healthful and sanitary conditions, generally two times a week. ANALYSIS Following the letter, the owner cooperated with staff on bringing the operation in to conformance with the conditions. With the exception of the owner relocating his place of residence's staff concluded that the operation was in compliance with the 1982 conditions of approval. However, the conditions of approval are very limited and failed to clearly define the scope of "custom meat processing" and did not address appropriate numbers of customer, acceptable levels traffic or the frequency of truck deliveries. The neighborhood's position is that current level of activity exceeds the original project description and findings that were used to approve the project (see Attachment 4). Furthermore, the neighbors claim that the use has now become a nuisance that violates the underlying purpose of the CUP which is to ensure neighborhood compatibility. The following findings were included in the 1982 Planning Commission Approval: 1. The custom meat processing business will not be detrimental to the health, safety or welfare of persons residing or working in the neighborhood if operated in conformance with applicable regulations. 2. The proposed use will not be inconsistent with the character of the neighborhood or contrary to the orderly development of the community since an inordinate amount of traffic beyond normal traffic volumes should not occur. 3. The custom meat processing business can be conducted in a manner that is compatible with the surrounding residential neighborhood if recommended conditions are adequately complied with. In staff's opinion, the original finding correctly established thresholds for neighborhood compatibility. Unfortunately, the conditions of approval lack specific traffic, delivery and customer level thresholds that can be equitably enforced by staff. Consequently, it appears that CUP 821025.1. PC -SR 2.11-4-03.wmf.doc ITEM NUMBER: DATE: 11-4-03 the conditions of approval for the project should amended to clarify and specifically define the allowable scope and intensity of the operation to ensure neighborhood compatibility. Since this item has been advertised as an review hearing no action to amend the CUP maybe taken at this time. If the Commission agrees that the CUP should be amended, then action should be taken to direct staff to prepare revised conditions and schedule a hearing for CUP amendment. CONCLUSION: In granting the CUP in 1982, the City allowed the establishment of a meat cutting operation in a residential area. The business owner has a right to operate the business in conformance with the CUP and the neighborhood has a right to have quality of life protected in conformance with the findings of the CUP. The primary issue is that the findings and conditions of approval are not consistent and lack specifics that staff can legally enforce. The role of the Planning Commission will be to define the balance point between business operation and neighborhood compatibility. ALTERNATIVES: 1. The Planning Commission may want to provide staff with direction on interim enforcement measures that could be implemented prior to amending the CUP. 2. The Planning Commission may determine that no amendment to the CUP is necessary. PREPARED BY: Warren Frace, Community Development Director ATTACHMENTS: Attachment 1: Location map Attachment 2: September 2, 2003 Planning Commission Minutes Attachment 3: 1982 Planning Commission Staff Report Attachment 4: Operation Licenses Attachment 5: Site Plan Attachment 6: 2002 Staff Letter Attachment 7: April 18, 2002 Neighborhood Letter CUP 821025.1. PC -SR 2.11-4-03.wmf.doc ITEM NUMBER: DATE: 11-4-03 Attachment 1: Location Map: 5400 Carrizo Road CUP 821025.1. PC -SR 2.11-4-03.wmf.doc ITEM NUMBER: 6 DATE: 11-4-03 Attachment 2: September 2, 2003 Planning Commission Minutes Community Development Director Warren Frace provided the staff report and answered questions of the Commission. PUBLIC COMMENT Kacey Sullivan, 5450 Carrizo Road, read from a prepared statement expressing her concerns with the Conditional Use Permit. (Exhibit A) Mrs. Sullivan answered questions of the Commission. Jamie Warner, 5350 Carrizo Road, stated he lives next to the Ralph's Custom Meats operation and has no problem with the business. He feels the owner has gone out of his way to accommodate the neighbors' needs. Tom Dorsey, owner Ralph's Custom Meats, indicated he has owned the business for 4 '/2 years. He has tried to take care of any problems that have arisen as well as upgrading the area of his business. Mr. Dorsey gave a brief history of his efforts to comply with the City's requirements and answered questions of the Commission. Anne Ketcherside expressed her support for Ralph's Custom Meats indicating that it has been a life-long business in Atascadero. Brian McAllister, 4435 Carrizo Road, stated he agreed with Mrs. Sullivan's comments. He was concerned with the large semi's that service the business and feel they are too big for a residential area. Kathleen Vaughan, Del Rio Road, knew Ralph and Linda McCornack the original owners who ran the business as a "mom and pop" operation, however she feels it has grown into a different sort of business now and belongs on EI Camino Real or some other areas zoned for this type of operation. Jim Fogle, employee of Ralph's Custom Meats and occupant of the home on the property, stated he has been with Mr. Dorsey since he took over the business. He related the ways in which Mr. Dorsey has tried to address the issues raised by the neighbors and how he has improved the property. Chairperson Fonzi closed the Public Comment period. Planning Commission Staff Report Attachments November 4, 2003 Page 2 Vice Chairperson Kelley stated he understands both sides of this issue. He is hopeful that the parties, along with the City, will try to work out the issues of concern. He feels the most disruptive issue is traffic, and perhaps a schedule can be arranged to make the truck traffic less of an impact on the neighborhood. Vice Chairperson Kelley stated that the original intent of the business was for a mom and pop operation and the burden now falls on Mr. Dorsey to make his business compatible within the neighborhood. Commissioner O'Keefe expressed her concerns that the original conditions under which the permit was granted are not being complied with. Though no longer a mom and pop business, they are apparently providing a valuable service, but in the wrong location. She feels the size of the business may adversely affect property values in the area. Commissioner Bentz felt more information was needed to determine if the business is at a level to meet the conditions of the Use Permit. He also can see the arguments on both sides and asked staff for the following additional information: 1) research on original building permits issued, 2) original Health Department letter, 3) copies of application for business license, 4) square footage of all structures on the site and comparison to the structures that were originally approved, and 5) sales tax permit for current operator. He also felt the current owner could provide the Commission with figures of his current sales volume. Commissioner Beraud offered the following as possible amendments to the conditions for this Use Permit: 1) trucks will not idle, 2) trucks can only be on the premises, not on the street, and 3) work must be completed within the building. She also felt retail sales were not an appropriate use in a single-family neighborhood, and that either the conditions of approval be firmed up, or the applicant should be asked to relocate to a commercial area. Commissioner Porter felt no decision should be made at this time but should be deferred until the Commission receives all information requested. Chairperson Fonzi restated the Commissions information requests as follows: 1. What building permits have been granted in the past and at the present time? 2. A copy of the Health Department permits regarding the use on the property. 3. Square footage of all buildings on the site. CUP 821025.1. PC -SR 2.11-4-03.wmf.doc Planning Commission Staff Report Attachments November 4, 2003 Page 3 4. Whether there is a sales tax permit, and if it is possible to gauge the retail sales volume. 5. Delivery schedule to be placed within the CUP restricting the hours of delivery. 6. Traffic to be monitored on the site to determine if there is excess traffic and if traffic mitigation measures should be put into place. 7. A condition that trucks must be on the premises and not on the street. 8. A condition that all work is done in the building. 9. A brief history of the business indicating if volume has increased in the last three years over the original owners use. Director Frace asked for direction regarding the residency requirement. After a brief discussion there was Commission consensus (4:2, O'Keefe and Beraud opposed) that residency need not be a major requirement for granting the CUP. Chairperson Fonzi suggested staff provide information on how many employees are currently living in the house, and felt the problem is less the number of residents on the property, but rather the level of service offered now and the number of employees on site. She feels there needs to be a nexus between the amount of retail service and the amount of business actually be conducted on the site. CUP 821025.1. PC -SR 2.11-4-03.wmf.doc Planning Commission Staff Report Attachments November 4, 2003 Page 4 Attachment 3: 1982 Planning Commission Staff Report CUP 821025.1. PC -SR 2.11-4-03.wmf.doc Planning Commission Staff Report Attachments November 4, 2003 Page 5 Attachment 4: Operation Licenses Wednesday, October 29, 2003 4:48 PM Tom Dorsey 805-466-0146 p•G2 STATE OF CALIFORNIA GRAY DAVIS Governor DEPARTMENT OF FOOD AND AGRICULTURE Meat and Poultry Inspection Branch 1.220 N Street, Room A-125 _Sacramento. -California 94814 (916) 654-0504 PROCESSING INSPECTOR LICENSE Authorized use of this licenses is restricted to use in a California licensed establishment POST IN THE INSPEC'TOR'S OFFICE THIS LICENSE IS NOT TRANSFERABLE TOM DORSEY Plant No. 837 RALPH'S CUSTOM MEAT 5400 CARRIZO RD. 5400 CARRIZO RD. ATASCADERO, CA 93422- ATASCADERO, CA 93422 - Fee Paid S 25.00 May 16, 2003 Expires ou December 31, 2003 paA&nt of County of San Luis Obispo Division of Environmental Health CUP 821025.1. PC -SR 2.11-4-03.wmf.doc Planning Commission Staff Report Attachments November 4, 2003 Page 6 Attachment 5: Site Plan too '777 - Meat Cutting 820 sf i5TING w CUP 821025.1. PC -SR 2.11-4-03.wmf.doc Planning Commission Staff Report Attachments November 4, 2003 Page 7 Attachment 6: 2002 Staff Letter CUP 821025.1. PC -SR 2.11-4-03.wmf.doc Planning Commission Staff Report Attachments November 4, 2003 Page 8 Attachment 7: April 4, 2003 Neighborhood Letter \\Cityhall\CDvlpmnt\- CUP - Conditional Use Permits\CUP 82\Ralphs Meat Cutting\CUP 821025.1. PC -SR 2.11-4-03.wmf.doc CUP 821025.1. PC -SR 2.11-4-03.wmf.doc