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HomeMy WebLinkAboutPC_2003-11-18_AgendaPacketCITY OFATASCADERO PLANNING COMMISSION AGENDA Regular Meeting November 18, 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 NOVEMBER 4, 2003. COMMUNITY DEVELOPMENT STAFF REPORTS PUBLIC HEARINGS (For each of the following items, the public will be given an opportunity to speak. After a staff report, the Chair will open the public hearing and invite the applicant or applicant's representative to make any comments. Members of the public will be invited to provide testimony to the Commission following the applicant. Speakers should state their name and address for the record and can address the Commission for five minutes. After all public comments have been received, the public hearing will be closed, and the Commission will discuss the item and take appropriate action(s).) 3. 2. Tentative Parcel Map 2003-0048: 8710 Old Santa Rosa Rd 2 -lot (Baldwin) 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 parcels. Description: 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 a 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. Water service will be provided by Atascadero Mutual Water Company and the property is served by the City's wastewater facilities. Proposed General Plan Designation: SFR -Y Environmental Zoning District: RFS -Y Proposed This project is exempt from CEQA per CEQA Guideline 15315. Environmental amendment of this project and re -certify the existing negative declaration. Determination: 3. Conditional Use Permit 2002-0080 Revision: Atascadero Avenue and Morro Road Mixed Use Applicant: Kelly Gearhart, 6205 Alcantara Avenue, Atascadero, CA 93422 Project Title: Conditional Use Permit 2002-0080 Amendment Project Southeast corner of Morro Road and Atascadero Avenue, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 031-052-024 Project The project consists of the revision of the existing master site plan to replace the multi -family Description: residential component of the development with office commercial buildings. The commercial office buildings will increase by 4,300 square feet for a total of 11,400 square feet. The previously approved residential portion consisting of seven semi -attached multi -family dwellings will be eliminated from the project. A single shared driveway will provide access to Morro Road (SR 41) and two driveways are proposed onto Atascadero Avenue. The site will have coordinated architecture and 20,000 sf of landscaping. The existing site is a vacant pasture with minimal slope and limited vegetation. General Plan: General Commercial, Zoning District Commercial Professional / PD -3. Proposed CERTIFIED MITOGATED NEGATIVE DECLARATION 2003-0010: Environmental Based on the findings of the initial study, the Community Development Department recommends that Determination the Planning Commission find that no significant harm would come to the environment from amendment of this project and re -certify the existing negative declaration. COMMISSIONER COMMENTS & REPORTS DIRECTOR'S REPORT Lube N' Go will make a brief presentation regarding possibility of submitting a Conditional Use Permit application for development of an automotive oil & lube service facility at the vacant service station site within the Rite-Aid shopping center following a brief staff presentation of future planning within the site vicinity. ADJOURNMENT The next regular meeting of the Planning Commission will be December 2, 2003 at City Hall in the 4th Floor Rotunda, 6500 Palma Avenue, Atascadero. Please note: Should anyone challenge in court any proposed development entitlement listed on this Agenda, that person may be limited to raising those issues addressed at the public hearing described in this notice or in written correspondence delivered to the Planning Commission at/or prior to this public hearing. \1Cityha11\CDv1pmnt\- PC Agendas\PC 2003\PC Agenda. 11-18-03.word.am.doc City of Atascadero WELCOME TO THE ATASCADERO PLANNING COMMISSION MEETING The Planning Commission meets in regular session on the first and third Tuesday of each month at 7:00 p.m., in the Rotunda of City Hall. Matters are considered by the Commission in the order of the printed Agenda. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the Community Development Department (Room 104) and are available for public inspection during City Hall business hours at the Community Development counter and on our website, www.atascadero.org. 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. 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. If you wish to use a computer presentation to support your comments, you must notify the Community Development Department at least 24 hours prior to the meeting. Access to hook up your laptop to the City's projector will be provided. You are required to submit to the Recording Secretary a printed copy of your presentation for the record. Please check in with the Chairperson before the meeting begins to announce your presence and turn in the printed copy. The Chairperson will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Council. 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). \\Cityhall\CDvlpmnt\— PC Agendas\PC Agenda - Welcome and meeting information rev. 11-03.am.doc ITEM NUMBER: 1 DATE: 11/18/03 DRAFT CITY OF A TASCADERO PLANNING COMMISSION MINUTES Regular Meeting November 4, 2003 — 7:00 P.M. CALL TO ORDER Chairperson Fonzi called the meeting to order at 7:04 p.m. and Vice Chairperson Kelley led the Pledge of Allegiance. ROLL CALL Present: Commissioners Bentz, Beraud, O'Keefe, Porter, Vice Chairperson Kelley and Chairperson Fonzi Absent: Commissioner Jones Staff: Community Development Director Warren Frace, Planning Services Manager Steve McHarris, 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 Bentz and seconded by Commissioner Porter to approve the agenda. AYES: Commissioners Bentz, Porter, Beraud, O'Keefe, Kelley and Chairperson Fonzi NOES: None ABSTAIN: None Motion passed 6:0 by a roll -call vote. PUBLIC COMMENT Eric Greening invited the Commission to attend the "Day of the Oak", on Saturday, November 8, 8:30 a.m. (program begins at 9:00 a.m.) in the City Hall Rotunda Room. Chairperson Fonzi closed the Public Comment period. CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON OCTOBER 21, 2003. Chairperson Fonzi requested the Minutes of October 21, 2003 be amended as follows: Page 4, lines five and six of the Motion to read, 1) staff will work with the applicant regarding the replacement of reed ledge around and in front of the buildings... MOTION: By Commissioner Bentz and seconded by Vice Chairperson Kelley to approve the Minutes of October 21, 2003 as amended. AYES: Commissioners Bentz, Beraud, Porter, O'Keefe, Kelley and Chairperson Fonzi NOES: None ABSTAIN: None Motion passed 6:0 by a roll -call vote. 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. Assistant Planner Lisa Williamson provided the staff report and answered questions of the Commission. PUBLIC COMMENT Steven Alvarez, arborist for the applicant, answered questions of the Commission. Upon being shown by Commissioner Beraud the route of the gas line and its incursion on several of the oak trees, Mr. Alvarez stated the gas line would be rerouted. Lisa Hoyal, applicant, spoke about the site, her plans for the house and the tree removals. Eric Greening complimented the applicant for preserving most of the trees on the site. He expressed concern regarding the impact of the leach field and questioned if its effect on the oak trees is being underestimated. He also asked what monitoring would be done on the site over time. Steven Alvarez addressed the leach field question raised by Mr. Greening. He felt the proposed leach field for the first phase would not impact the trees. Regarding the future leach field expansion area, he requested that it be put in some sort of a pit as it would be going down into some 100% drip line zones. Chairperson Fonzi closed the Public Comment period. MOTION: By Commissioner Porter and seconded by Commissioner O'Keefe to 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. AYES: Commissioners Porter, O'Keefe, Beraud, Bentz, Kelley and Chairperson Fonzi NOES: None ABSTAIN: None Motion passed 6:0 by a roll -call vote. PUBLIC HEARINGS 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- 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: Community Development Director announced that Agenda Item No. 5 is being continued to November 18, 2003. Associate Planner Kelly Gleason provided the staff report and answered questions of the Commission. PUBLIC COMMENT Rex Bennett, applicant, commented that he had tried to save the oak tree on the site, but that it is a hazard and must be removed. Mr. Bennett answered questions of the Commission. Steven Alvarez, arborist for the applicant, answered questions of the Commission. Eric Greening, 7365 Valle, indicated that he would be more comfortable if staff worked with the applicant to reduce the number of boxed replacement oaks, even to zero, and increase the payment into the tree fund, unless sites for the trees can be identified that won't be impacted by either hard-scaping or irrigation. He felt there was no point in mitigating with trees that will not have a natural full life span. Mr. Greening expressed concern with the drainage basins, which are located in areas were children could potentially be playing. Ron Greiter, project engineer, discussed the retention basins and indicated that they would be shallow and incorporate outlets draining to the street. Chairperson Fonzi closed the Public Comment period. Commissioner Beraud stated she was not comfortable with the density of the project; she felt four units would have been a better fit than five. The side yards are quite small and she indicated that the site would be more appropriate for duplexes or triplexes or some other type of development that would not completely change the look of the lot. She was concerned with the amount of grading necessary and the impacts to some of the trees. Additionally, Commissioner Beraud did not feel this fit with the surrounding neighborhoods. Commissioner O'Keefe indicated that she agreed with Commissioner Beraud's comments. MOTION: By Vice Chairperson Kelley and seconded by Commissioner Porter to adopt Resolution No. PC 2003-0110 recommending that the City Council certify Proposed Mitigated Negative Declaration 2003-0057; and 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, 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 with a finding to approve a 10 foot front setback for the existing residence and with the additional condition as recommended by staff that the upper floor of units 1, 2, and 3 be adjusted to provide a 15 foot minimum setback from the rear property line; and, adopt Resolution No. PC 2003-0113 recommending the City Council approve Venting Tentative Tract Map 2003-0034 based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, applicant is to work with staff to find appropriate trees that would fit the site. AYES: Commissioners Porter, Bentz, Kelley and Chairperson Fonzi NOES: Commissioners O'Keefe and Beraud ABSTAIN: None Motion passed 4:2 by a roll -call vote. 4. Tentative Tract May 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 Northwest corner of Pueblo and San Luis Avenues (San Luis Obispo County) Location: APN Portion of 030-232-015, 016, 024, 028 Project The proposed project consists of a tentative tract map subdividing one existing parcel into Description: 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. Access is from Pueblo Avenue. General Plan Designation: GC Zoning District: CR Proposed This project is exempt from CEQA per CEQA Guideline 15315. Environmental Determination: Vice Chairperson Kelley stated he would be stepping down from consideration of this item, as he will have a future business connection with this project and the applicant. Commissioner Porter stated that he would be stepping down from consideration of this item, siting he has a relationship with the applicant regarding the pending sale of the subject properties. Planning Services Manager Steve McHarris provided the staff report and answered questions of the Commission. PUBLIC COMMENT Kelly Gearhart, applicant, answered questions raised by the Commission. Chairperson Fonzi closed the Public Comment period. MOTION: By Commissioner O'Keefe and seconded by Chairperson Fonzi to adopt Resolution No. PC 2003-0109 approving Tentative Tract Map 2003-0040, a request to subdivide one parcel totaling 24,282 square feet into three parcels of 6,870 square feet, 6,278 square feet and 11,133 square feet, based on findings and subject to conditions. AYES: Commissioners O'Keefe, Beraud, Bentz and Chairperson Fonzi NOES: None ABSTAIN: None Motion passed 4:0 by a roll -call vote. Commissioner Porter and Vice Chairperson Kelley rejoined the hearing. 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 Community Development Director Warren Frace provided the staff report and answered questions of the Commission. PUBLIC COMMENT Tom Dorsey, owner, answered questions raised by the Commission. Eric Greening indicated that there was a history on this site of un -permitted expansion, and if the site is maxed out and the business is increasing by 10% a year, it will either put further incompatibilities on the site or the business would have to be located to a new site. He urged the Commission to subject any continuing operation to a sunset when this item would be re- examined. Brent McAllister, 4435 Carrizo Road, stated he has watched many vehicles access the site in a short time frame, and he felt the traffic numbers as presented are inadequate. He would like the owner to stay in business, but in another location, not in a residential neighborhood. Karen Bailey stated her father lived across the street from the business at 5605 Carrizo Road until he passed away in May. Ms. Bailey read some of her father's comments on the business including: 1) the business across the street has created chaos and constant loud noise, 2) the delivery trucks for this site are so large they have ripped down the cable television lines and at times have made deliveries at 2:00 a.m. awakening him, and 3) some of his long-time neighbors will be moving to escape the changes to the neighborhood and the noise. Ms. Bailey added some comments of her own including blockage of her driveway and traffic backups due to the delivery trucks, and the number of employees on the site and the fact that they are not housed on the site per the conditions of approval. She disagreed with the delivery figures as presented, and felt this commercial business does not belong on a residential street. Keith Jones, 1535 El Camino Real, indicated that back in 1982 when the original owner of the business came around to the neighbors, he signed the petition to allow the business in order to help his neighbor. He did not realize that the Conditional Use Permit was specific to the property and that it would transfer to the new owner of the property. He feels the business has experienced a lot of growth under the new owner and is no longer a small neighborhood family business. Anita Ralphs, 5703 Carrizo Road, stated that she does not have a problem with the business or the owner, but rather objects to the business being located in a residential neighborhood. She feels it affects the property values in the area and that the increase in volume of business has surpassed the original intent of the Conditional Use Permit. Casey Sullivan, 5400 Carrizo Road, indicated that she lives next door to the business, and raised the following issues: 1) the original CUP required all employees to be residents of the property, this helped to keep the business small, 2) this business has grown significantly and no longer belongs in a residential area, 3) the business is inconsistent with the character of the neighborhood, 4) traffic impacts in the area are significant and the figures presented in the report are not accurate, and 5) who will enforce the conditions of approval. She feels this is a commercial business and does not belong in a residential area, she urged the City to revoke the permit. Chairperson Fonzi asked that a letter from Mrs. Sufranack in support of the business be entered into the Minutes. (Exhibit A) Chairperson Fond closed the Public Comment period. Chairperson Fond recessed the hearing at 8:52 p.m. Chairperson Fond called the meeting back to order at 9: 00 p.m. Commissioner Bentz indicated that he is sympathetic to both sides of this issue. He stated that the CUP goes with the sale of the property and can't just be taken away from the existing property owner; a process must be followed that is reasonable and fair to all. Vice Chairperson Kelley stated he could feel for both sides in this case. He expressed concern with the traffic issue and number of trips per day and felt the truck deliveries could be limited to bobtail trucks (2 axels and a length limit of 28 feet) and the hours of deliveries could be limited. The original CUP is 21 years old and the scope of the business has changed creating the traffic issue. Vice Chairperson Kelley suggested the City Engineer work with a private contractor to survey the traffic over a 30 -day period to determine the traffic flow accurately. He would not like to see the CUP revoked as the business is providing employment opportunities, and felt there could be some compromises. Commissioner O'Keefe agreed that this is a difficult situation, but a CUP is conditional upon meeting the stated conditions, which have not been enforced. She feels there have been several violations of the conditions including the original size of the building, which has doubled to 1300 square feet, the condition that all employees shall live on the property, hours of operation, number of allowable company vehicles, and meat processing being limited to curing. The conditions of approval do not say anything about retail sales. She feels the existing business places an unreasonable burden on the neighbors and expressed concern about the large trucks that make deliveries and leave their engines idling in the neighborhood. Regarding enforcement, she is concerned that it is difficult to enforce the conditions and monitor the site. Commissioner O'Keefe feels the business has changed to the point that it is impacting the quality of life in the neighborhood and it is time for the business to look for a new site. Commissioner Porter also agreed that this is a difficult situation, but he feels there can be a balance between the needs of the applicant and the neighborhood. He would like to see, through the amendment of the Conditional Use Permit, that a balance be achieved between the two sides. He agrees there should be a traffic study, as this appears to be the biggest issue. Commissioner Porter supports the amendment of the CUP rather than asking the applicant to relocate. Commissioner Beraud expressed uncertainty that the majority of the residents could be satisfied because the use must be compatible with the immediate neighbors not just the majority. She indicated that she had visited the site on what appeared to her to be a slow day and it didn't seem like there was a lot of impact however, the concerns of the neighbors must be considered. She has spoken to people who use the services of this business and they were quite pleased leading her to conclude that they would follow the business if it relocated. Commissioner Beraud stated she was leaning toward revoking the CUP, and though she is skeptical that it can be done, she would be interested in examining whether the permit can be amended to make it compatible with the neighborhood. Chairperson Fonzi felt the crux of the problem hinges on the residency requirement, which is not being met. For this reason the applicant is in violation of the use permit. She feels the Commission should give staff direction on whether they would like to see this condition enforced, which will make it difficult for the business to remain given the number of employees on the site. She is hearing mixed feelings coming from the Commission with some feeling the CUP should be revoked and others wanting to see it amended. Commissioner Bentz indicated he does not have a problem with one family living in the house, but he does have a problem with the number of vehicles, which he would like to see restricted. He feels a means of enforcement must be provided in the way of definitions staff can use in the future to determine on a staff -basis when a person is in violation of the CUP. He does not think the original conditions restricted retail sales. Vice Chairperson Kelley stated he was not prepared to consider revoking the CUP at this time, but repeated that the traffic is the major problem. He hopes the Commission will direct the Planning Department to work on the traffic issue including the possibility of contracting with an outside agency to provide an independent traffic study. Commissioner O'Keefe reiterated the condition that states that no person shall be employed who is not a resident of the property. At the present time the current owner is clearly in violation of this condition. Commissioner O'Keefe read from a letter by a neighbor regarding a problem with the meat scraps left in the dumpster to make the point that there are issues here other than the traffic. She questioned whether a traffic study would take into account the retail customers who park on the street. Commissioner Bentz felt the condition requiring residency should be changed. Commissioner Beraud disagreed with Commissioner Bentz and felt the residency condition was placed on the CUP to restrict the size of the business. Chairperson Fonzi summarized the Commission's comments as follows: 1) The applicant is not in compliance with the residency condition of the CUP at this time, and suggested the Commission direct staff to review the residency requirement to determine if it is applicable or should be changed. 2) There should be a review of the amount of traffic on the street, which may involve a traffic study. 3) The hours of delivery should be reconsidered. 4) Consider limitation of truck size and review the impacts of the presence of trucks in the neighborhood. 5) Review the issue of noise impacts on the neighborhood. 6) Review placement and security of the dumpster. 7) Look at the enforcement aspect and the penalty for non-conformance. 8) The cost of a traffic study, if performed, should be to the applicant. 9) The possibility of revocation of the use permit and the application of a sunset clause. 10) The possibility of an alternate location for the business. COMMISSIONER COMMENTS & REPORTS Chairman Fonzi suggested placing the issue of the 11:00 p.m. adjournment and the policy of a motion to go beyond 11:00 p.m. as the City Council does on a future agenda for Commission discussion. Additionally, the issue of rushing public speakers to accommodate an 11:00 p.m. adjournment was brought up for possible inclusion in that discussion. Commissioner Bentz suggested several ways of speeding up the process of the public hearing including asking the public to not be redundant and verbose on the same issue. Commissioner O'Keefe indicated that the 11:00 continuation has been an area of concern for her, particularly when as that hour approaches, Commissioners will urge completion of the hearing by 11:00 without a vote on whether or not to continue. She feels there is an assumption that the Commission is going to vote to not go past 11:00, which she thinks places pressure on the public who may wish to speak. Commissioner O'Keefe felt that if there were repetition within the public comments it is perhaps because the public feels the issue is of importance and they want the Commission to hear it over and over. Vice Chairperson Kelley suggested that the agenda's could be shortened and perhaps the Commission could monitor the meeting and at 10:30 announce that there are 30 minutes to go and if there is any other item to be considered that item be deferred until the following week. He stated that when the meeting goes late into the morning, he is not 100 percent and that is not fair to the applicant, the City or the public. Chairperson Fonzi asked staff if it would be possible to shorten the time for public comment down from five minutes. Director Frace stated that it was staff s understanding that the Commission operates under the direction of the City Council. The Council wants to provide five minutes of public testimony per speaker, and staff understands that the Council wishes the Commission to follow the same procedure. Commissioner O'Keefe agreed with Vice Chairperson Kelley and stated she also does not function too well late into the night and asked if it were possible to keep the agendas shorter so the hearing could be closed at a reasonable hour. Commissioner Bentz felt that in some cases the Commission Members were the cause of extending the necessary time for a meeting by asking questions that have already been answered in the staff report. He suggested that no Commissioner comments be taken after the staff report, but rather open the public hearing, then bring it back to the Commission at which time questions can be asked of staff. Commissioner O'Keefe stated that when she would attend meetings as a member of the public, she was appreciative when she heard the questions asked by the Commission because they brought out issues of importance. She likes the way Chairperson Fonzi has been fair and diligent in getting questions answered and would have a problem with changing this format. Chairperson Fonzi felt it was important to attempt to gauge the length of agenda items and if it appears that some will cause the meeting to run late, they should be pulled at the beginning of the meeting at the time the agenda is approved; she asked for help from the Commission with this issue. Eric Greening stated that the Commission did save time tonight during one of the agenda items as some of the questions he had were answered during the Commissions' question period. He felt it sometimes does pay off to hear the questions the Commission asks, however he does not appreciate it when there is Commission discussion and quasi decision making during the pre - public question period. Mr. Greening felt there is a negative impact to everyone at the hearing when decisions are made when the Commission is tired and if there is a choice between going late and having more meetings, he felt the option of more meetings should be explored. He indicated that when there are a lot of people who want to speak on an item, that is the worst time to limit the time they have to speak because it is most likely a very complex issue that has a lot of issues with it that the public wants to address. Commissioner Beraud expressed concern regarding the affordable housing issue and what the City is doing to help developers meet the state -mandated numbers. She feels there is an undue burden placed on the people who are trying to develop their own property. She asked if there were some type of program to help developers meet the requirements. Director Frace stated that there are a lot of incentives built into the affordable program such as density bonuses and there is policy in the General Plan about the possibility of reducing fees, but the Council has not yet set policy regarding this. Staff does work with some housing organizations in terms of trying to do additional housing projects. Commissioner Beraud asked about the date for the visit to 3F Meadows; Director Frace indicated a date has not yet been set. She also asked about additional information available to the public through the Planning Department regarding living with oak trees and suggested this type of information could be sent to those interested in developing their property. There was also discussion regarding trying to get the agenda packets out earlier. Vice Chairperson Kelley suggested a workshop with some of the arborists the Commission works with on a regular basis. Chairperson Fonzi stated that she would like to see some uniformity in the arborist reports. DIRECTOR'S REPORT Community Development Director Frace handed out copies of the City Council "Community Goals" brochure. He explained why recent Commission meetings have been lengthy, and announced two upcoming study sessions on November 13th and November 19th ADJOURNMENT Chairperson Fonzi adjourned the meeting at 10:00 p.m. to the next regularly scheduled meeting on November 18, 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 — Letter Mrs. Suffranack ITEM NUMBER: 2 DATE: 11/18/03 Atascadero Planning Commission Staff Report - Community Development Department Tentative Parcel Map 2003-0048 (AT 03-0119) 8710 Old Santa Rosa Road (APN 056-151-021) Baldwin RECOMMENDATION(S): The Planning Commission: 1. Adopt Resolution No. PC 2003-0114 approving Tentative Parcel Map 2003-0048 (AT 03-0119), a request to subdivide one parcel totaling 2.064 acres into two parcels of 1 acre and 1.01 acres gross, based on findings and subject to conditions. REPORT -IN -BRIEF: A request to subdivide one existing lot of record to create a 2 -lot residential subdivision with parcels of 1 and 1.01 acres, gross. The site is located on the south side of Old Santa Rosa Road, between Atascadero Avenue on the west, and Highway 101 on the east. The property is currently developed with three (3) single family residences. SITUATION AND FACTS: 1. Applicant/Owner: Loren & Margaret Baldwin, 8710 Old Santa Rosa Road, Atascadero, California 93422 (805) 461-9418 2. Representative: Twin Cities Surveys, Inc., P.O. Box 777, Templeton, California 93465-0777 (805) 434-1834 3. Project Address: 8710 Old Santa Rosa Road, Atascadero, California 93422 ITEM NUMBER: 2 DATE: 11/18/03 4. General Plan Designation: SFR -Y (Single Family Residential, 1 acre gross, minimum) 5. Zoning District: RSF-Y (Residential Single Family, 1 acre gross, minimum) 7. Existing Use: 8. Environmental Status DISCUSSION: Developed with 3 single family residences Section 15315 Categorical Exemption Background: The site is gently sloped and developed with 3 single family residences and various out buildings. There is one 30" Oak tree on proposed parcel 2. I Atascadero Avenue I Old Santa Rosa Road � Project Site / San GabriPRoad The surrounding parcels are generally developed with single-family residences on .5 to 1 acre lots. Analysis: Minimum lot size for RSF-Y parcels is 1 acre gross. Both proposed parcels meet this requirement. ITEM NUMBER DATE: 11/18/03 Proposed parcel 1 is currently developed with two (2) residences and proposed parcel 2 is developed with one residence. The Zoning Ordinance allows for secondary residences on RSF-Y parcels, which are 1 acre net in size. (The difference between the gross and net calculations is the portion of the property that is located within the road right-of-way.) In this particular case, proposed parcel 1 is 1.01 acres gross, but after subtracting out the road right-of-way, the parcel would be .95 acres net. Secondary dwelling units would not be allowed on this parcel and prior to recordation of the final map, the applicant will be required to convert the existing second dwelling unit to a workshop/studio. Proposed parcel 2 is 1.06 acres gross and after subtracting out the road right-of-way and the "flag" portion of the lot, the parcel is 1 acre net. (The Subdivision Ordinance requires that the "flag" portion of the lot be excluded from the area required to meet the minimum lot size.) A second unit of no greater than 800 square feet could potentially be constructed on this lot. The applicant has indicated that the existing dwelling unit is approximately 835 square feet. If the existing dwelling were remodeled to 800 square feet or less, a second unit of unlimited size could potentially be built on this lot. Environmental Review: This project is a Section 15315 Categorical Exemption from CEQA review. Minor subdivision of land with slopes less than 20%. Public Improvements: All new development will be required to hook up to the City's Wastewater facilities. Flag Lots: Consistent with the Subdivision Ordinance, proposed Parcel 2 meets the minimum lot size requirements without counting the area contained in the flag portion of the lot. In addition, the project has been conditioned to provide a 20 -foot wide accessway, constructed to City standards. \ � 'QW I osli< yyV'' SiK• lbab `ae� < "��o --'{p e<» ~� xsON�` m �•i 8y�CCY �aa 4 . L a Q 6. to x p N4O�QOWO , FWaZw'a 1 �'� � V >(c �a ii�� '>�E i 5 ��iq � � �iWO4 N�«�Y'• L' ti L— O�w�'er.2i ATAS:ADL•RO ROAD a a 4 s 1 1 1 C ITEM NUMBER: 2 DATE: 11/18/03 o w b o�� ��� I 1 `r o a/ • � a Existing /� a� ti ;,��•�a d<, Residences �1 9` •• Q J Parcel ,1 Parcel 2 20' Flag Area u� NYS ` xi � 'QW I osli< b = moi l� yyV'' SiK• lbab Q a "��o --'{p e<» xsON�` m �•i 4 . L a Q 6. 4 am8�8 V1 tyy;.g 3r M Existing Garage R Proposed Tentative Map for AT 03-0119 Jaim U ¢roi � 'QW I osli< Is E. i4 g S?� Zk i OZ Ol �•i 4 . L a Q 6. to p �+ L— O�w�'er.2i ATAS:ADL•RO ROAD a a 4 s Proposed Tentative Map for AT 03-0119 Jaim U ¢roi ITEM NUMBER: 2 DATE: 11/18/03 Conclusion: As conditioned, the subdivision appears to be 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 parcel map as proposed. ALTERNATIVES: 1. The Commission may approve the subdivision subject to additional or revised project conditions. The Commission's motion to approve needs to include any new or revised project conditions. 2. The Commission may deny the subdivision if it is found to be inconsistent with the General Plan or any of the other required findings. The Commission's motion to deny must include a finding basis for denial. 3. The Commission may continue the hearing and refer the item back to staff for additional information or analysis. Direction should be given to staff and the applicant on required information. ATTACHMENTS: Attachment 1 Draft Resolution 2003-0114 ITEM NUMBER: 2 DATE: 11/18/03 ATTACHMENT 1: Draft Resolution PC 2003-0114 TPM 2003-0048 8710 Old Santa Rosa Road DRAFT RESOLUTION NO. PC 2003-0114 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING A TENTATIVE PARCEL MAP 2003-0048 TO DIVIDE ONE RESIDENTIAL LOT INTO TWO RESIDENTIAL LOTS AT 8710 OLD SANTA ROSA ROAD (BALDWIN) WHEREAS, Loren and Margaret Baldwin, 8710 Old Santa Rosa Road, Atascadero, California, 93422 (Owner/Applicant), applied for a Tentative Parcel Map to subdivide one lot totaling 2.064 acres into two parcels of 1.01 and 1.06 acres, gross; and, WHEREAS, the proposed project has a General Plan Designation of SFR -Y (Single Family Residential, 1 acre minimum) 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 RSF-Y (Residential Single Family, 1 acre minimum) zoning district, which allows for the proposed use and density when certain findings are made; and, WHEREAS, the project is a Class 15 Categorical Exemption from the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission held a duly noticed public hearing to consider the proposed Tentative Parcel Map application on November 18, 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. Findings for approval of subdivision. The Planning Commission finds as follows: 1. The proposed subdivision, as conditioned, is consistent with the General Plan and applicable zoning requirements. 2. The design and improvement, as conditioned, 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. ITEM NUMBER: 2 DATE: 11/18/03 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. 10. The proposed accessway improvements meet the intent of the subdivision ordinance and are adequate for safe emergency vehicle access. 11. The installation of a standard street, either alone or in conjunction with neighboring properties is not feasible. 12. The flag lot is justified by topographical conditions. SECTION 2. Approval. The Planning Commission does hereby approve Tentative Parcel Map 2003-0048 (AT 03-119) to subdivide one parcel totaling 2.064 acres into two parcels of 1.01 and 1 acres each, subject to the following Conditions and Exhibits: EXHIBIT A: Conditions of Approval EXHIBIT B: Tentative Parcel Map 2003-0048 ITEM NUMBER: 2 DATE: 11/18/03 On motion by Commissioner and seconded by Commissioner , the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ABSENT: ADOPTED: ABSTAINED: CITY OF ATASCADERO, CA Roberta Fonzi, Planning Commission Chairperson ATTEST: Warren Frace Planning Commission Secretary ITEM NUMBER DATE: 11/18/03 EXHIBIT A: Conditions of Approval Draft Resolution PC 2003-0114 TPM 2003-0048 Conditions of Approval / Mitigation Timing Responsibility Mitigation Monitoring Program /Monitoring Measure PM: Parcel Map TPM 2003-0048 AT 03-0119 GP: Grading Print BP: Building Prmt TO: Temporary Occupancy PS: Planning Serves BS: Building Services F0: Final Occupancy PI: Public Improvements FD: Fire Department PD: Police Department 8710 Old Santa Rosa Road CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company Planning Services Standard Planning Conditions 1. The approval of this application shall PM PS become final, subject to the completion of the conditions of approval, fourteen (14) days following the Planning Commission approval unless prior to that time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 2. Approval of this Tentative Parcel Map PM PS shall be valid for 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 PM PS Department shall have the authority to approve minor changes to the project that (1) result in a superior site design or appearance, and/or (2) address a construction design issue that is not substantive to the Tentative Parcel Map. 4. A parcel map drawn in substantial PM 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. ITEM NUMBER DATE: 11/18/03 Conditions of Approval / Mitigation Timing Responsibility Mitigation Monitoring Program /Monitoring Measure PM: Parcel Map TPM 2003-0048 AT 03-0119 GP: Grading Prmt BP: Building Prmt TO: Temporary Occupancy PS: Planning Services BS: Building Services F0: Final Occupancy PI: Public Improvements FD: Fire Department PD: Police Department 8710 Old Santa Rosa Road CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company 5. The subdivider shall defend, indemnify, Ongoing CA and hold 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. 6. The parcel map shall be subject to PM PS additional fees for park or recreation purposes (QUIMBY Act) as required by City Ordinance. Project Specific Conditions 7. All future development on Parcel 2 GP PS/BS shall be designed to insure that there are no impacts to the native trees on the site. 8. Prior to recordation of the final map, PM PS the existing secondary unit (granny unit) on Parcel 1 shall be converted to a workshop/art studio, conforming to the following: a. All kitchen facilities, excluding cabinets, shall be removed and the plumbing shall be removed or rendered inoperable. b. All bathing facilities shall be removed and the plumbing shall be removed or rendered inoperable. 9. Concurrent with the recordation of the PM PS final map, the applicants shall record, by separate document, a deed restriction, clearly stating that the secondary unit on Parcel 1 may not be used for habitable space and may not be rented. ITEM NUMBER DATE: 11/18/03 Conditions of Approval / Mitigation Timing Responsibility Mitigation Monitoring Program /Monitoring Measure PM: Parcel Map TPM 2003-0048 AT 03-0119 GP: Grading Prmt BP: Building Prmt TO: Temporary Occupancy PS: Planning Services BS: Building Services F0: Final Occupancy PI: Public Improvements FD: Fire Department PD: Police Department 8710 Old Santa Rosa Road CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company The deed restriction shall be reviewed and approved by the Community Development Director and the City Attorney prior to recordation. Engineering 10. The applicant shall overlay the entire PM CE street frontage on Old Santa Rosa Road, as directed by the City Engineering/Public Works Department. The width of the overlay shall be to the centerline plus 10 feet. 11. The applicant shall address stormwater BP CE detention prior to grading and drainage approval. 12. In the event that the applicant is PM CE allowed to bond for any public improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 13. An engineer's estimate of probable PM CE cost shall be submitted for review and approval by the City Engineer to determine the amount of the bond. 14. The Subdivision Improvement PM CE Agreement shall record concurrently with the Final Map. 15. All public improvements shall be PM CE constructed in conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 16. The applicant shall enter into a Plan PM CE Check/Inspection agreement with the City. ITEM NUMBER DATE: 11/18/03 Conditions of Approval / Mitigation Timing Responsibility Mitigation Monitoring Program /Monitoring Measure PM: Parcel Map TPM 2003-0048 AT 03-0119 GP: Grading Prmt BP: Building Prmt TO: Temporary Occupancy PS: Planning Services BS: Building Services F0: Final Occupancy PI: Public Improvements FD: Fire Department PD: Police Department 8710 Old Santa Rosa Road CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company 17. The applicant shall be responsible for PM CE the relocation and/or alteration of existing utilities. 18. The applicant shall install all new PM CE utilities (water, gas, electric, cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 19. The applicant shall monument all PM CE property corners for construction control and shall promptly replace them if disturbed. 20. A preliminary subdivision guarantee PM CE shall be submitted for review in conjunction with the processing of the parcel map. 21. All existing and proposed utility, PM CE pipeline, open space, or other easements are to be shown on the parcel map. If there are building or other restrictions related to the easements, they shall be noted on the parcel map. The applicant shall show all access restrictions on the parcel map. 22. Prior to recording the parcel map, the PM CE applicant shall pay all outstanding plan check/inspection fees. 23. Prior to the final inspection of any PM CE 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. 24. Prior to recording the parcel map, the PM CE ITEM NUMBER DATE: 11/18/03 Conditions of Approval / Mitigation Timing Responsibility Mitigation Monitoring Program /Monitoring Measure PM: Parcel Map TPM 2003-0048 AT 03-0119 GP: Grading Prmt BP: Building Prmt TO: Temporary Occupancy PS: Planning Services BS: Building Services F0: Final Occupancy PI: Public Improvements FD: Fire Department PD: Police Department 8710 Old Santa Rosa Road CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company applicant's surveyor shall set monuments at all new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the parcel map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 25. Prior to recording the parcel map, the PM CE applicant shall submit a map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 26. Prior to recording the parcel map, the PM CE 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. 27. Upon recording the final map, the PM CE applicant shall provide the City with a black line clear Mylar (0.4 mil) copy and a blue line print of the recorded map. Building /Fire Marshal: ITEM NUMBER DATE: 11/18/03 Conditions of Approval / Mitigation Timing Responsibility Mitigation Monitoring Program /Monitoring Measure PM: Parcel Map TPM 2003-0048 AT 03-0119 GP: Grading Prmt BP: Building Prmt TO: Temporary Occupancy PS: Planning Services BS: Building Services F0: Final Occupancy PI: Public Improvements FD: Fire Department PD: Police Department 8710 Old Santa Rosa Road CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company 28. Interior fire sprinklers will be required GP FD/PS/BS whenever the grade of accessways exceeds 16%. Water Company: 29. Prior to recordation of the Final Map, PM AMWC the applicant shall submit plans for review and approval by AMWC for all existing and proposed water distribution facilities that provide water service to the proposed Subdivision. The plans shall show all facilities required for fire protection. The plans shall show all cross -connection devices required to isolate the fire protection and landscape irrigation systems from the domestic water system. 30. Prior to the issuance of building PM AMWC permits, the applicant shall obtain a "Will Serve" letter from the Atascadero Mutual Water Company for the newly created Lots. 31. Prior to the start of construction, the PM AMWC applicant shall pay all installation and connection fees required by the Atascadero Mutual Water Company. 32. All water distribution facilities shall be PM AMWC constructed in conformance with Atascadero Mutual Water Company standards, policies and approved procedures. All cross -connection devices shall be constructed in conformance with AWWA and Department of Health Services standards. 33. Separate legal parcels require separate water meters for domestic water service. ITEM NUMBER DATE: 11/18/03 Conditions of Approval / Mitigation Timing Responsibility Mitigation Monitoring Program /Monitoring Measure PM: Parcel Map TPM 2003-0048 AT 03-0119 GP: Grading Prmt BP: Building Prmt PS: Planning Services BS: Building Services TO: Temporary Occupancy F0: Final Occupancy FD: Fire Department 8710 Old Santa Rosa Road PI: Public Improvements PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company AIR POLLUTION CONTROL DISTRICT The following measures shall be included in BS BS/PS any future site development plans: The project shall comply with all applicable District regulations pertaining to the control of fugitive dust (PM -10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. Section 6.3: Construction Equipment • Maintain all construction equipment in proper tune according to manufacturer's specifications. • Fuel all off-road and portable diesel powered equipment, including but not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power units, with ARB certified motor vehicle diesel fuel (Non -taxed version suitable for use off- road). • Maximize to the extent feasible, the use of diesel construction equipment meeting the ARB's 1996 or newer certification standard for off-road heavy-duty diesel engines. • Install diesel oxidation catalysts (DOC), catalyzed diesels particulate filters (CDPF) or other District approved emission reduction retrofit services (Required for projects grading more than 4.0 acres of continuously worked area). Section 6.4: Activity Management Techniques • Develop a comprehensive construction activity management plan designed to minimize the amount of large construction equipment operating during any given time period. • Schedule of construction truck trips during non -peak hours to reduce peak hour emissions. • Limit the length of the construction workday period, if necessary. • Phase construction activities, if appropriate. ITEM NUMBER DATE: 11/18/03 Conditions of Approval / Mitigation Monitoring Program TPM 2003-0048 AT 03-0119 8710 Old Santa Rosa Road Timing PM: Parcel Map GP: Grading Prmt BP: Building Prmt TO: Temporary Occupancy F0: Final Occupancy PI: Public Improvements Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company Mitigation Measure Section 6.5: Fugitive PM10 All of the following measures shall be included on grading, demolition and building plan notes: A. Reduce the amount of the disturbed area where possible. B. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non -potable) water should be used whenever possible. C. All dirt stockpile areas should be sprayed daily as needed. D. Permanent dust control measures identified in the approved project re - vegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities. E. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading should be sown with a fast - germinating native grass seed and watered until vegetation is established. F. All disturbed soil areas not subject to revegatation should be stabilized using approved chemical soil binder, jute netting, or other methods approved in advance by the APCD. G. All roadways, driveways, sidewalks, etc, to be paved should be complete as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. H. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. I. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section ITEM NUMBER DATE: 11/18/03 Conditions of Approval / Mitigation Monitoring Program TPM 2003-0048 AT 03-0119 8710 Old Santa Rosa Road Timing PM: Parcel Map GP: Grading Prmt BP: Building Prmt TO: Temporary Occupancy F0: Final Occupancy PI: Public Improvements Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company Mitigation Measure 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. EXHIBIT B- Tentative Parcel Map Draft Resolution PC 2003-0114 TPM 2003-0048 (AT 03-0119) �\ I �yc� igy a la a�.5co ► ^ �• P, +yrs¢ G a�' � 1 I �m N~ �oKi �GCo� � w� J9iti � tieeb �� �QOQF au cze>`3''3 mae I id �! 2gyVi �4ZON% 4 �T yr�� 4 �i�mmr�,•,J 4a^%o I \ �: i•` y9 z� � yE 'z >� $Foa „ �`o£c`owm ��<�< I 1 4 a �^ wNCti< � 2m y�LN •�.+ w`<GWmC GpaWwS ITEM NUMBER: 2 DATE: 11/18/03 mita nh i �� UL a s e S � " ro w c w H �'pp����pp �yL o _4 W ITEM NUMBER: 2 DATE: 11/18/03 �t T s e ITEM NUMBER: 3 DATE: 11-18-03 Planning Commission Staff Report Public Hearing Conditional Use Permit 2002-0080 Revision Atascadero Brick Yard Development Phase 1 7005 Morro Road (Kelly Gearhart) SUBJECT: The project consists of a revision to a mixed-use commercial office/multi-family residential development to replace the residential component of the project with additional commercial office buildings. RECOMMENDATION: Staff Recommends: Adoption of Planning Commission Resolution 2003-0115 approving a revision to Conditional Use Permit 2002-0080, to include an additional 4,560 square feet of commercial office space and eliminate seven multi -family residential units at 7055 Morro Rd. SITUATION AND FACTS: 1. Applicant and Owner: Kelly Gearhart, 6205 Alcantara Avenue, Atascadero, CA 93422, 805-461-7504 2. Project Address: 7005 Morro Road, Atascadero, CA 93422, APN 031-052-024 3. General Plan Designation: General Commercial 4. Zoning District: Commercial Professional / PD -3 5. Site Area: 1.40 acres ITEM NUMBER: 3 DATE: 11-18-03 6. Existing Use: Mixed -Use Master Plan (CUP 2002-0080) 7. Environmental Determination: Certified Mitigated Negative Declaration 2003- 0010. DISCUSSION: Background: On March 18, 2003 the Planning Commission adopted Resolution No. 2003-0040 approving a mixed-use development which included 3 commercial office buildings affronting Morro Road and 7 residential units along Atascadero Ave. The applicant has begun construction of the three office buildings along Morro Road; however, the residential portion of the project cannot be completed until a mixed-use ordinance has been adopted. As such, the applicant is requesting to revise the previously approved master plan of development to replace the residential portion of the project with two additional commercial office buildings. Site Design / Landscaping: _ I^L_C7'�4 �� .Yi'�r int ltb�l iii�ufll�YJ `A.�ia 4'O G�:tq .�Y/_ mow_'_.: i'. ► + 1 � [ . .�s `�':5.,�,� ITEM NUMBER: 3 DATE: 11-18-03 The project site is located at the corner of Atascadero Ave and Morro Rd. The revised project will result in a total of 5 commercial office buildings of 11,950 square feet combined and additional project parking and landscaping. A revised landscape plan has not been submitted for the project. Staff has added a condition that a landscape plan be submitted to staff for review and approval prior to permit issuance. The landscape plan shall be in conformance with the prior CUP approved conditions and landscape plan. Architecture: The commercial buildings have been designed with pedestrian scale and street orientation with parking areas located within the interior of the site. As conditioned, the proposed buildings will be set back 10 -feet from the sidewalk with landscape planters and large storefront style windows facing Atascadero Ave. The buildings will have brick exteriors and tile roofs reminiscent of the Atascadero's Colony buildings. Raised corner towers, recessed entries, and decorative wall lights will also be incorporated into the buildings, consistent with previously approved project architecture. The project has been conditioned to include storefront design elements along the rear of the proposed buildings (parking lot fagade) consistent with the street -facing fagade (Condition 10). Entrances off of the interior parking lot require greater architectural articulation and design attention with the shift in focus of the development from a mixed-use concept to an exclusively commercial office use. Parking: On site parking will be provided for the project. The project has been conditioned to provide a minimum of parking spaces at a ratio 1 space / 300 sf consistent with office -use parking requirements set forth in the Zoning Ordinance. Traffic and Circulation: The primary access to the development is from Morro Road. Two secondary access points will be provided onto Atascadero Avenue. As previously approved, the project will provide for road improvements, consisting of a new curb, gutter, and sidewalk developed in conjunction with the project. The project is an infill development and as proposed, is not anticipated to create a significant increase in traffic. The project is consistent with development goals, policies, and uses set forth in the General Plan and Zoning Ordinance. ITEM NUMBER: DATE: 11-18-03 Conditional Use Permit Findings: The following findings are required to be made by the Planning Commission to approve the proposed amendment to the existing conditional use permit. It appears to staff that all of the required findings can be made for the project. 1. The proposed use is consistent with the General Plan. 2. The proposed use satisfies all applicable provisions of the Zoning Ordinance. 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in this particular case, be detrimental to the health, safety or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to the property or improvements in the vicinity and the use. 4. The proposed use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development. 5. The proposed use will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. Environmental Review: The Initial Study concluded that there would be no significant harm to the environment as a result of this Conditional Use Permit, when mitigation measures are implemented. Mitigated Negative Declaration 2003-0010 was certified by the Planning Commission on March 18, 2003. Staff finds that the proposed revision is consistent with the certified environmental document and that the proposed office commercial use is less intensive than the residential use previously approved for the site. CONCLUSION: The proposed revision, as conditioned, is consistent with policies set forth in the General Plan and satisfies all applicable provisions of the Zoning Ordinance. The project will not be detrimental to the health, safety or welfare of the general public and the proposed use is consistent with the character of the immediate neighborhood. Additionally, the proposed use will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project. It is staff's opinion that all of the required findings can be made for project approval and staff recommends approval of the project, as conditioned. ITEM NUMBER: 3 DATE: 11-18-03 ALTERNATIVES: 1. The Planning Commission may approve the amendment to Conditional Use Permit 2002-0080 and may modify conditions of approval. 2. The Planning Commission may deny the amendment to Conditional Use Permit 2002-0080 based on appropriate findings. To deny the application, the Commission must find that it is inconsistent with one of the required findings. The motion to deny must include a finding for denial. 3. The Planning Commission may continue the application and refer the project back to staff for additional information or analysis. Direction should be given to staff and the applicant. PREPARED BY: Kelly Gleason, Associate Planner ATTACHMENTS: Attachment 1: Zoning and General Plan Diagram Attachment 2: Draft Resolution PC 2003-0115 ITEM NUMBER: DATE: 11-18-03 Attachment 1: Zoning and General Plan Designation 7005 Morro Road Zoning District: Commercial Professional / PD -3 General Plan Designation: General Commercial Attachment 2: Draft Planning Commission Resolution DRAFT RESOLUTION NO. PC 2003-0115 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING A REVISION TO CONDITIONAL USE PERMIT 2002-0080 TO INCLUDE AN ADDITIONAL 4,560 +/- SQUARE -FEET OF COMMERCIAL OFFICE SPACE AND ELIMINATE SEVEN MULTI- FAMILY RESIDENTIAL UNITS AT 7005 MORRO ROAD (APN 031-052-024) (CUP 2002-0080 / Gearhart) WHEREAS, a request has been received by Kelly Gearhart, 6205 Alcantara Avenue, Atascadero, CA 93422 (Property Owner and Applicant), to consider a revision to Conditional Use Permit 2002-0080; to include two additional commercial office buildings and eliminate seven multi -family units at 7005 Morro Road (APN 031-052-024); and, WHEREAS, Mitigated Negative Declaration 2003-0010 was certified by the Planning Commission on March 18, 2003 in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the site's General Plan Designation is GC (General Commercial); and, WHEREAS, the site's current zoning district is CP / PD -3 (Commercial Professional with a Planned Development #3 overlay); and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Conditional Use Permit application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said projects; and, WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing held on November 18, 2003, studied and considered the amendment to CUP 2002-0080, and, NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Re -certification of Mitigated Negative Declaration. The Planning Commission of the City of Atascadero hereby finds that the proposed amendment is consistent with Mitigated Negative Declaration 2003-0010. Planning Commission Resolution 2003-0115 November 18, 2003 Page 2 of 18 SECTION 2. Findings for approval of Conditional Use Permit. The Planning Commission finds as follows: 1. The proposed project is consistent with the General Plan; and, 2. The proposed project satisfies all applicable provisions of the Zoning Ordinance; and, 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in this particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, 4. The proposed project will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development; and, 5. The proposed project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from the full development in accordance with the Land Use Element. BE IT FURTHER RESOLVED, that the Planning Commission does hereby approve the proposed revisions to Conditional Use Permit 2002-0080 subject to the following Exhibits: EXHIBIT A: Mitigated Negative Declaration EXHIBIT B: Conditions of Approval EXHIBIT C: Site Plan EXHIBIT D: Conceptual Landscape Plan EXHIBIT E: Commercial Elevations EXHIBIT F: Commercial Color and Materials Planning Commission Resolution 2003-0115 November 18, 2003 Page 3 of 18 On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: (0 ) NOES: (0 ) ABSENT: (0 ) ABSTAIN: (0 ) ADOPTED: CITY OF ATASCADERO, CA Roberta Fonzi Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary Planning Commission Resolution 2003-0115 November 18, 2003 Page 4 of 18 EXHIBIT A: Draft Mitigated Negative Declaration 2003-0010 Planning Commission Resolution 2003-0115 November 18, 2003 Page 5 of 18 EXHIBIT B: Amended Conditions of Approval CUP 2002-0080 Conditions of Approval / Mitigation Monitoring Timing Responsibility Mitigation Program /Monitoring Measure CUP 2002-0080 PS:Planning Services BL: Business License BS: Building Services GP: Grading Permit FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary Occupancy WW: Wastewater F0: Final Occupancy CA: City Attomey Standard Conditions 1. The approval of this use permit shall become final and BP PS effective for the purposes of issuing building permits, provided the required conditions of approval have been satisfied, fourteen (14) days following the Planning Commission approval unless prior to the time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 2. Approval of this Conditional Use Permit shall be valid for BP PS twelve (12) months after its effective date. At the end of the period, the approval shall expire and become null and void unless the applicant has received a building permit or applied for an extension of entitlement. 3. The granting of this Conditional Use Permit shall apply to Ongoing PS APN 031-052-024, regardless of owner. 4. The Community Development Department shall have the BP PS authority to approve minor changes to the project that (1) increase the square footage of the project by less than 10%, (2) result in a superior site design or appearance, and/or (3) address a construction design issue that is not substantive to the Conditional Use Permit. Project Conditions 5. Office buildings facing Morro Road shall be setback 10 feet from the right-of-way and shall provide a minimum 5 -foot landscape area between the rear of the buildings and the pedestrian path. 6. Parking: ■ Parking spaces #39 and #35 shall be relocated and a minimum 10 -foot landscape area shall be provided between the parking area and the Atascadero Ave property line. ■ Parking spaces shall be added to the center landscape area to meet zoning ordinance requirements of a minimum of 1 space per every 300 square feet of office space. ■ Parking stalls within the central landscape island shall Planning Commission Resolution 2003-0115 November 18, 2003 Page 6 of 18 Conditions of Approval / Mitigation Monitoring Timing Responsibility Mitigation Program /Monitoring Measure CVP 2002-0080 PS: Planning Services BL: Business License BS: Building Services GP: Grading Permit FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary Occupancy WW: Wastewater FO: Final Occupancy CA: City Attorney be shaded with a minimum of 5 shade trees, subject to staff approval. 7. Trash enclosures shall be relocated to accommodate the additional parking spaces within the central landscape island and shall include the following: ■ All enclosures shall be constructed of decorative split - face block to match the brick accent material of the proposed buildings, subject to staff approval. ■ Doors shall be constructed of solid metal material, subject to staff approval. 8. Maintenance Requirement. A maintenance agreement for BP PS all landscaping, building exteriors, accessory structures, parking areas and other common facilities shall be approved by the Community Development Director and City Attorney prior to final occupancy 8. The applicant shall record a lot line adjustment to remove BP PS any conflicts with building locations consistent with the Master Site Plan 9. All subsequent Tentative Maps and construction permits BP/FM PS shall be consistent with the Master Plan of Development contained herein. 10. All exterior elevations, finish materials and colors shall be BP PS consistent with the Master Plan of Development as shown in Exhibit E and F with the following changes: a) The rear fagade of the commercial buildings facing Atascadero Ave shall include a storefront entrance and storefront windows consistent with the front facades. b) Signage for the rear of the buildings affronting Atascadero Ave shall be placed above the parking lot entrances for each tenant space and shall be limited in size to 20 square feet. 11. All site development and landscaping shall be consistent BP PS with Exhibit C and D with the following additions: a) London Plane trees shall be planted along the street frontage. b) Evergreen trees shall be planted every 30 -feet on center along the rear property line. c) A final Landscape plan shall be submitted to the Community Development Department for review and Planning Commission Resolution 2003-0115 November 18, 2003 Page 7 of 18 Conditions of Approval / Mitigation Monitoring Timing Responsibility Mitigation Program /Monitoring Measure CVP 2002-0080 PS: Planning Services BL: Business License BS: Building Services GP: Grading Permit FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary Occupancy WW: Wastewater FO: Final Occupancy CA: City Attorney approval prior to building permit approval consistent with the revised site plan and consistent with conceptual landscape/site plan shown in Exhibit D and to include the following: ■ London Plane trees shall be installed along the Atascadero Ave frontage at a spacing of 30 feet on center. ■ A minimum of 5 london plane trees shall be installed within the central landscape island. ■ All street trees shall be 24" box in size. 12. All site work, grading and site improvements shall be BP PS consistent with the Master Plan of Development as shown in Exhibit G. 13. All exterior lighting shall consist of decorative full cut off BP/FO PS 1.a.1. lighting fixtures with flat or recessed lens. Parking lot lights will be shielded to prevent off site glare. 14. An outdoor employee eating areas with a permanent BP/FO PS 3AA decorative table/picnic bench and shade trees will be provided as shown on the site plan and to include the following: ■ A minimum of 5 shade trees shall be planted within the central landscape island. ■ 3 commercial grade picnic benches or other appropriate eating facilities shall be included in the central landscape island/employee eating area, subject to staff approval. ■ Shrubs shall be installed as a buffer between the eating area and the parking stalls, subject to staff approval. 15. Bicycle storage racks shall be provided for the site. The bike BP/FO PS 3.d.3. racks shall be located in a convenient and secure location. 16. West facing shade trees shall be planted at 30 -foot intervals BP/FO PS 3.d.1. along the perimeter of the parking spaces between the parking lot and the commercial buildings. The trees shall be shown on a revised landscape plan. 17. A reciprocal access, drainage, utility, and parking easement FO PS shall be recorded for the site. Planning Commission Resolution 2003-0115 November 18, 2003 Page 8 of 18 Conditions of Approval / Mitigation Monitoring Timing Responsibility Mitigation Program /Monitoring Measure CVP 2002-0080 PS: Planning Services BL: Business License BS: Building Services GP: Grading Permit FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary Occupancy WW: Wastewater FO: Final Occupancy CA: City Attorney 18. All HVAC equipment shall be ground mounted and screened Ongoing PS from public view 19. All electrical meters and utility equipment shall be painted to BP/FO PS match the building and screened with landscaping. 20. All commercial signage shall be subject to the following: BP PS a) Individual tenant signs shall be located on building walls as shown on the project elevations. b) A common monument may be provided on Morro Road for tenant identification. 21. The project shall be conditioned to comply with all applicable BP PS District regulations pertaining to the control of fugitive dust (PM -10) as contained in section 6.4 of the Air Quality Handbook. All site grading and demolition plans notes shall list the following regulations: A. All material excavated or graded shall be sufficiently watered to prevent excessive amounts of dust. Watering shall occur at least twice daily with complete coverage, preferably in the late morning and after work is finished for the day. B. All clearing, grading, earth moving, or excavation activities shall cease during periods of high winds (i.e. greater than 15 mph averaged over one hour) so as to prevent excessive amounts of dust. C. All material transported off-site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. D. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized so as to prevent excessive amounts of dust. E. Permanent dust control measured identified in the approved project revegetation and landscape plans shall be implemented as soon as possible following completion of any soil disturbing activities. F. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading shall be sown with fast -germinating native grass seed and watered until vegetation becomes established. G. All disturbed areas not subject to revegetation shall be stabilized using approved chemical soil binders, jute netting, or other methods in advance by the APCD. H. All roadways, driveways, sidewalks, etc. to be paved shall be completed as soon as possible. In addition, structural foundations shall be completed as soon as possible Planning Commission Resolution 2003-0115 November 18, 2003 Page 9 of 18 Conditions of Approval / Mitigation Monitoring Timing Responsibility Mitigation Program /Monitoring Measure CVP 2002-0080 PS: Planning Services BL: Business License BS: Building Services GP: Grading Permit FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary Occupancy WW: Wastewater FO: Final Occupancy CA: City Attorney following building pad construction. I. On-site vehicle speed shall be limited to 15 mph for any unpaved surface. J. All unpaved areas with vehicle traffic shall be watered at least twice per day, using non -potable water. K. Streets adjacent to the project site shall be swept daily to remove silt which may have accumulated from construction activities so as to prevent excessive amounts of dust from leaving the site. L. Wheel washers may be required when significant offsite import or export of fill is involved. 22. All lighting shall be designed to eliminate any off site glare. BP PS 1.a.1. All exterior site lights shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. 23. All construction activities on the site shall comply with City BP PS Noise Ordinance for hours of operations. Permitted construction hours will be noted on all construction plans. Fire Department Conditions 24. Provide a minimum 28 -foot inside radius and 48 -foot outside BP BS radius for fire truck access. A fire truck turn around hammerhead shall be provided within the commercial parking lot area. 25. Fire hydrant spacing shall be provided per the requirements BP BS of the Uniform Fire Code. 26. All curbs shall indicate "Fire Lane — No Parking" on interior BP BS driveways. 27. Provide a Knox Box for Fire Department access at each BP BS commercial building. Note on plan that location of the Knox Box is to be at discretion of the Fire Authority. Contact the Fire Authority for purchase forms. Provide emergency contact information and an access key for Knox Box prior to calling for final inspection. Building Services Conditions 28. On-site retaining walls are to be designed by a registered BP BS Civil Engineer or Architect. Wall designs shall address specific site conditions. Provide calculations and detailing of each and every wall configuration proposed. Consider any surcharge loads, such as those due to sloping backfill or Planning Commission Resolution 2003-0115 November 18, 2003 Page 10 of 18 Conditions of Approval / Mitigation Monitoring Timing Responsibility Mitigation Program /Monitoring Measure CVP 2002-0080 PS: Planning Services BL: Business License BS: Building Services GP: Grading Permit FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary Occupancy WW: Wastewater FO: Final Occupancy CA: City Attorney buildings. 29. A soils investigation prepared by a licensed Geotechnical BP BS Engineer is to be provided for the project. The report shall address, at minimum, the soils and geology as it relates to the driveway, the building pad and residence, the septic system, and any proposed retaining walls. 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. 30. An accessible route shall be provided and maintained by the BP BS applicant connecting all accessible entrances at all buildings, accessible parking facilities, transportation facilities, passenger loading zones, taxi stands, public streets and sidewalks as required by CABO/ANSI A117.1. This shall apply to all structures on all separate properties. City Engineer Public Improvements (Project Frontage) 31. Morro Road. Full frontage improvements are required with BP CE this development. Caltrans and the City of Atascadero shall approve the design. These include curb, gutter, and sidewalk and pave out of an additional travel lane with adequate width for parking and bicycles. Morro Road was recently overlayed by Caltrans. The new paving shall match the existing edge of the recent overlay. Public Improvement plans shall be submitted detailing the design. Cross sections shall be submitted detailing the existing and proposed cross fall on EI Camino Real. 32. Atascadero Ave. Atascadero Ave has a Minor Arterial BP CE designation in the Circulation Element. Full frontage improvements of this road are required with this development. This includes curb, gutter, sidewalk and pave out to standard drawing no. 406. The existing surface of Atascadero Ave is in poor condition and the wearing surface is gone. Per Atascadero Municipal Code Section 9-4.160 the entire width of existing Atascadero Ave will be overlayed with 2 inches of asphalt per City Engineering Standards. Public Improvement plans shall be submitted detailing the design. Cross sections shall be submitted detailing the existing and proposed cross fall on EI Camino Real. 33. Intersection of Morro Road and Atascadero Ave. The exiting signal shall be relocated to the approval of the City Engineer and Caltrans. The design shall conform to Caltrans and City of Atascadero Engineering Standards. A striping plan shall be submitted with the off site Planning Commission Resolution 2003-0115 November 18, 2003 Page 11 of 18 Conditions of Approval / Mitigation Monitoring Timing Responsibility Mitigation Program /Monitoring Measure CVP 2002-0080 BL: Business License PS: Planning Services BS: Building Services GP: Grading Permit FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary Occupancy WW: Wastewater FO: Final Occupancy CA: City Attorney construction document for the entire intersection. 34. All public improvements shall be constructed in BP CE conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. Drainage 35. This project proposes to use an existing storm drain on BP CE the east side of Morro Road for storm water conveyance. The existing storm drain is a 48" Corrugated Plastic Pipe (CCP). Above the 48" CCP, a 24" CCP is to be constructed. The 24" CCP will be used to collect on site and off site storm water and convey it to the 48" CCP. The storm drain system will be designed per plans and drainage calculations for the Highway 41/Atascadero Ave Storm Drain by North Coast Engineering on file at the City of Atascadero Public Works Department. The plans are dated May 13, 1997 and the calculations are dated February 1997. Existing offsite storm waters flow across the property this project is located on. Improvements for this project shall be designed to convey these flows to the 48" CCP in Morro Road. Existing surface and underground storm flows enter this property from Atascadero Ave. Improvements for this project shall be designed to convey these flows to the 48" CCP in Morro Road. 36. Drainage calculation. Drainage calculations shall be BP CE produced considering all areas tributary to this property. These calculations shall be in conformance the City of Atascadero Engineering Standards. Submit calculations to support the design of any structures or pipes. Closed conduits shall be designed to convey the 10 -year flow with gravity flow; the 25 -year flow with head, and provide safe conveyance for the 100 -year overflow. 37. A Storm Water Pollution Prevention Plan shall be BP CE produced and approved by the Regional Water Quality Control Board and the City of Atascadero. These plans shall recommend mitigation measure during and after construction to eliminate point and non point source pollution into the 48" CCP. The use on onsite grading feature to pond and percolate storm water is recommended. A filter system, mechanical or non, shall be installed with this project. This system shall comply with the intent of National Pollution Discharge Elimination System, Phase 11 requirements. Planning Commission Resolution 2003-0115 November 18, 2003 Page 12 of 18 Conditions of Approval / Mitigation Monitoring Timing Responsibility Mitigation Program /Monitoring Measure CVP 2002-0080 PS: Planning Services BL: Business License BS: Building Services GP: Grading Permit FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary Occupancy WW: Wastewater FO: Final Occupancy CA: City Attorney 38. Obtain approval by the City Engineer of the grading & BP CE drainage plan and the storm drain design & facilities. 39. Acquire drainage easements where needed. Drainage BP CE shall cross lot lines only where a drainage easement has been provided. 40. Concentrated drainage from off-site areas shall be BP CE conveyed across the project site in drainage easements. City Engineer Standard Conditions 41. The applicant shall enter into a Plan Check & Inspection BP CE agreement with the City. 42. The applicant shall be responsible for the protection, BP CE relocation and/or alteration of existing utilities. 43. The applicant shall install all new utilities (water, gas, BP CE electric, cable TV and telephone) underground. 44. The applicant shall monument all property corners for BP CE construction control and shall promptly replace them if disturbed. 45. Prior to issuance of building permits, the applicant shall BP CE submit a grading and drainage plan with a separate sheet(s) devoted to sedimentation and erosion control, prepared by a registered civil engineer for review and approval by the City Engineer. 46. Prior to the final inspection, all outstanding plan check and BP CE inspection fees shall be paid. 47. Prior to the final inspection, the applicant shall submit a BP CE written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans and the Uniform Building Code (UBC). Wastewater Conditions 48. Drainage piping serving fixtures which have flood level rims BP WW 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. 49. The sewer laterals across Morro Road shall be constructed BP WW per Caltrans Standards and inspected by Caltrans and the Planning Commission Resolution 2003-0115 November 18, 2003 Page 13 of 18 Conditions of Approval / Mitigation Monitoring Timing Responsibility Mitigation Program /Monitoring Measure CVP 2002-0080 PS: Planning Services BL: Business License BS: Building Services GP: Grading Permit FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary Occupancy WW: Wastewater FO: Final Occupancy CA: City Attorney City of Atascadero. 50. All sewer main taps will be done by the City of Atascadero. BP WW The developers shall pay a sewer tap fee. 51. Sewer connection permit shall be issued separately (from BP WW building permit) after public sewer extension has been completed and has received a satisfactory final Public Works inspection. Final project inspection shall be contingent upon completion of the public sewer extension and Public Works final inspection. Solid Waste 52. Atascadero Waste Alternative shall approve the location, BP CE size and design of all solid waste facilities. The facilities shall include room for recycling and green waste containers. The location of the facilities will take into account the collection of the solid waste. Atascadero Mutual Water Company (AMWC): 53. Prior to the issuance of building permits, the applicant shall BP AMWC submit plans showing the water distribution facilities required to serve the project for review and approval by the Atascadero Mutual Water Company. The plans shall show all facilities required for fire protection. The plans shall show all cross -connection devices required to isolate the fire protection and landscape irrigation systems form domestic water systems. Prior to approval of the water system plans by Atascadero Mutual Water Company, the applicant shall pay all current installation and connection fees required by the Atascadero Mutual Water Company. 54. Prior to recording the parcel map the applicant shall obtain a BP AMWC "Will Serve" letter from Atascadero Mutual Water Company. 55. All water distribution facilities shall be constructed in BP AMWC conformance with Atascadero Mutual Water Company standards, policies and approved procedures. All cross - connection devices shall be constructed in conformance with AWWA and Department of Health Services standards. 56. If on site fire hydrants are required by the fire department, a BP AMWC / BS water main line extension may be required. 57. Separate services shall be provided for each parcel. If BP AMWC buildings are to be condos separate meters for each unit will be required. Planning Commission Resolution 2003-0115 November 18, 2003 Page 14 of 18 Conditions of Approval / Mitigation Monitoring Timing Responsibility Mitigation Program /Monitoring Measure CVP 2002-0080 PS: Planning Services BL: Business License BS: Building Services GP: Grading Permit FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary Occupancy WW: Wastewater FO: Final Occupancy CA: City Attorney Planning Commission 58. The two Sycamore trees on the Atascadero Avenue 13P CE frontage shall be preserved unless the City Engineer determines based on an arborist recommendation that the surface root problems damaging the street surface cannot be corrected. Planning Commission Resolution 2003-0115 November 18, 2003 Page 15 of 18 EXHIBIT Q Site Plan Previously Approved Commercial/office buildings a I Additional Parking conditioned 1 ; •YORPO ROAD gIrAY {t) Proposed �..:^ A Ravision Planning Commission Resolution 2003-0115 November 18, 2003 Page 16 of 18 EXHIBIT D: Conceptual Landscape/Site Plan (Previous Approval) Planning Commission Resolution 2003-0115 November 18, 2003 Page 17 of 18 EXHIBIT E: Commercial Elevations FRONT i zr REAR SIDE 1170 27'.2'r 3 i z � y `� 3 Planning Commission Resolution 2003-0115 November 18, 2003 Page 18 of 18 EXHIBIT F: Commercial Color and Materials %33 PURE IVORY (BASE 1001 !F2—] 7/8" STUCCO o/WIRE/PAPER LATHE w/ MONTEREY FINISH (LA HABRA "SANDSTONE) 3❑ 3/8" STUCCO 0/MASONRY w/ MONTEREY FINISH (LA HABRA "PURE IVORY') '4 PRECAST CONCRETE WAINSCOTE 1 TYP op WEST ELEVATION 1 STONE KOTE' SIMULATED CONCRETE WINDOW TRIM N (IYP. 0 WINDOWS ON WEST) wb THIN BRICK VENEER "CITYHALL" BY ROBINSON BRICK CO. STOREFRONT ALUMINUM FRAMES (BRONZE -ANDD.) TYPICAL 1 - I e I EPS ARCHITECTURAL SHAPE w/ STUCCO FINISH (LA HABRA SANDSTONE") D-STONE KOTE" ROSETTE TYPICAL • LIGHTS 1p "Monier" Espana - CONCRETE ROOF TILE Tti (Sunrise) .�{ 11 16 " "goose neck" Lamp ` ! f 12 "Mont er"Espana CONCRETE ROOF TILE u"+ (Sunrise)