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HomeMy WebLinkAboutPC_2003-12-16_AgendaPacketCITY OFATASCADERO PLANNING COMMISSION AGENDA Regular Meeting December 16, 2003 — 7:00 P.M. City of Atascadero 6500 Palma Ave. — 4th Floor - Atascadero, California CALL TO ORDER Pledge of Allegiance Roll Call: Chairperson Fonzi Vice Chairperson Kelley Commissioner Bentz Commissioner Beraud Commissioner Jones Commissioner O'Keefe Commissioner Porter APPROVAL OF AGENDA PUBLIC COMMENT (This portion of the meeting is reserved for persons wishing to address the Commission on any matter not on this agenda and over which the Commission has jurisdiction. Speakers are limited to five minutes. Please state your name and address for the record before making your presentation. The Commission may take action to direct the staff to place a matter of business on a future agenda) CONSENT CALENDAR (All items on the consent calendar are considered to be routine and non -controversial by City Staff and will be approved by one motion if no member of the Commission or public wishes to comment or ask questions) 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON DECEMBER 2, 2003. 2. APPROVAL OF THE 2004 PLANNING COMMISSION MEETING SCHEDULE COMMUNITY DEVELOPMENT STAFF REPORTS 3. TREE REMOVAL PERMIT 2003-0036,2135 SAN FERNANDO ROAD Request to amend Tree Removal Permit 2003-0036 to allow for the removal of 2 additional native oak trees, in conjunction with the development of a 4,000 square foot single-family home located at 2135 San Fernando Rd. Staff recommends: The Planning Commission adopt Resolution PC 2003-0120 to approve the request to amend Tree Removal Permit 2003-0036 to remove two additional native oak trees subject to the guidelines and mitigation required by the Atascadero Native Tree Ordinance, and subject to project conditions. 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. 4. TENTATIVE PARCEL MAP 2003-0051,3600 MARICOPA ROAD Applicant: Ron Shores, 6700 El Camino Real, Atascadero, CA 93422; 466-2767 Owner: Richard F. Radke c/o Applicant Project Title: Tentative Parcel Map 2003-0051 (AT 03-0262) Project 3600 Maricopa Road, Atascadero, 93422; San Luis Obispo County Location: APN 054-041-012 Project A proposed subdivision of an existing 5.28 -acre lot into two individual parcels of 2.51 acres and Description: 2.77 acres, gross. The site is currently developed with a single-family residence, which will be confined to one lot to allow for future development of the new lot. The parcel is slight to moderately sloped and contains several native oak trees. The property will be served by onsite septic and water is available from Atascadero Mutual Water Company. General Plan Designation: Rural Estate (RE) Zoning District: Residential Suburban (RS) Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration is proposed. Environmental The proposed Negative Declaration is available for public review from 11/17/03 through 12/7/03 Determination: at 6500 Palma Avenue, Community Development Department, Room 104, from 8:00 a.m. to 5:00 p.m., Monday through Friday. 5. RAB 2002-0009/TPM 2002-0028: CHALK MOUNTAIN CELL SITE PARCEL Applicant: Michael Frederick, P.O. Box 573, Atascadero, CA 93423; 466-5060 Project Title: Tentative Parcel Map 2002-0028 (AT01-0091), Road Abandonment 2002-0009 Project Location: South side of Vista Bonita, North of El Bordo Avenue, East of El Camino Real Project A proposed subdivision of one existing lot, totaling 4.33 acres (gross) into two lots of 1.87, Description: and 2.46 acres. Proposed parcel 1 is currently developed with cellular facilities. Proposed parcel 2 would be available for single-family residential development, however development is not proposed with this application. The proposed new parcels will receive water service from the Atascadero Mutual Water Company and will connect to the City's sewer facilities. General Plan Designation: SFR -Z (Single Family Residential, 1.5 to 2.5 acre minimum) Zoning District: RSF-Z (Residential Single Family, 1.5 to 2.5 acre minimum) Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration is Environmental proposed. The proposed Negative Declaration is available for public review from 12/03/03 Determination through 12/24/03 at 6500 Palma Avenue, Community Development Department, Room 104, from 8:00 a.m. to 5:00 p.m., Monday through Friday. COMMISSIONER COMMENTS & REPORTS DIRECTOR'S REPORT ADJOURNMENT The next regular meeting of the Planning Commission will be January 6, 2004, 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. I I Cityhalll CDvlpmn th PC Agendas IPC 20031 PC Agenda. 12-16-03. 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: 12/16/03 DRAFT CITY OF A TASCADERO PLANNING COMMISSION MINUTES Regular Meeting December 21 2003 — 7:00 P.M. CALL TO ORDER Chairperson Fonzi called the meeting to order at 7:01 p.m. and Commissioner Beraud led the Pledge of Allegiance. ROLL CALL Present: Commissioners Bentz, Beraud, Jones, O'Keefe, Porter, Vice Chairperson Kelley and Chairperson Fonzi Absent: None Staff: Community Development Director Warren Frace, Planning Services Manager Steve McHarris and Recording Secretary Grace Pucci. APPROVAL OF AGENDA MOTION: By Commissioner Bentz and seconded by Commissioner Beraud to approve the agenda. AYES: Commissioners Bentz, Beraud, Jones, O'Keefe, Porter, Kelley and Chairperson Fonzi NOES: None ABSTAIN: None Motion passed 7.0 by a Noll -call vote. PUBLIC COMMENT None CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON NOVEMBER 18, 2003. 2. ACCEPTANCE OF FINAL MAP 2003-0065: TTM 2003-0040 FOR CORNER OF PUEBLO AND SAN LUIS AVENUES (GEARHART/WILSON) MOTION: By Commissioner Bentz and seconded by Commissioner O'Keefe to approve the Consent Calendar. AYES: Commissioners Bentz, O'Keefe, Beraud, Jones, Kelley (Item 1) and Chairperson Fonzi NOES: None ABSTAIN: Commissioners Porter and Kelley (Item 2) Motion passed 6:0 by a roll -call vote. COMMUNITY DEVELOPMENT STAFF REPORTS None PUBLIC HEARINGS 3. 3_ TPM 2001-01146- 9111;1; I,n Cnnnrin 2 -Int (Ni-knnl WONTINITED) Applicant: Nolan Nelson, 9055 La Canada, Atascadero, CA 93422, Phone: 466-7891 Project Title: Tentative Parcel Map 2003-0046 Project 9055 La Canada, Atascadero, CA 93422, San Luis Obispo County Location: APN 050-021-028 Project A proposed subdivision of an existing 7.82 gross acre lot into two individual parcels of Description: 3.91 gross acres each. The site is currently developed with a single-family residence that will be confined to one lot to allow the new lot to be developed with a single-family residence. The parcels are moderately to steeply sloped and contain vegetation and native oak trees. Onsite septic will serve the property and water is available from Atascadero Mutual Water Company. General Plan Designation: Residential Suburban (RS) Zoning District: Rural Estate (RE) Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration is Environmental proposed. The proposed Negative Declaration is available for public review from Determination: 10/28/03 through 11/16/03 at 6500 Palma Avenue, Community Development Department, Room 104, from 8:00 a.m. to 5:00 .m., Monday through Friday. Community Development Director Frace announced that Item #3 is to be continued, at the applicant's request, to January 6, 2004. 4. CUP 2003-0119: El Camino Real Retirement Hotel Applicant: San Luis Obispo Non -Profit Housing Corporation Contact: George Moylan P.O. Box 13657, San Luis Obispo, CA 93406 Phone: 805/597-5302 Project Title: Conditional Use Permit 2003-0119 Project 9705 El Camino Real, Atascadero, CA 93422, San Luis Obispo County Location: APN 030-472-09 Project A proposed two-story 19 -unit multi -family hotel complex for low-income senior Description: citizens on a 0.92 -acre site. The building will include a 730 square foot community room, elevator, and laundry facilities on each floor. There will be 19 covered parking spaces and 6 guest parking spaces. General Plan Designation: General Commercial (GC) Zoning District: Commercial Retail (CR) Proposed Environmental Categorically Exempt Class 32 (CEQA Section15332): Infill Development. Determination: Planning Services Manager Steve McHarris provided the staff report and answered questions of the Commission. PUBLIC COMMENT George Moylan, representative of San Luis Obispo Non -Profit Housing Corporation, explained the project, it's funding and who would be eligible for residency. Mr. Moylan clarified issues raised by the Commission and answered their questions. Eric Greening, 7365 Valle, urged the Commission to approve this project and expressed concern regarding pedestrian circulation in the area as well as public transportation access to the site. Gail Gresham, Las Lomas, expressed her support for this project and stated her concern with traffic and safety issues at this location. Jeff Dillon, project architect, answered questions raised by the Commission and addressed the issue of the design of the project's tower. Eric Greening indicated that transit operators prefer not to back up when leaving a site. He felt a drive through within the project would be helpful. Jeff Dillon explained that adding another driveway would impact the trees on the site. There was a discussion on possible impacts of public transportation within the site including noise from the backup warning system, and suggestions of alternate pick-up locations including El Camino Real. Eric Greening stated that the Dial -A -Ride service usually stops in a sheltered place where residents can easily make eye contact with the driver, which would preclude using El Camino Real as a pick-up site. Chairperson Fond closed the Public Comment period. Commissioner O'Keefe raised the issue of the danger to residents crossing El Camino Real to get to the Post Office. She indicated there was not a pedestrian lane at the traffic signal and asked if a pedestrian lane could be striped at Santa Rosa. City Engineer Steve Kahn stated that he would report on the pedestrian crossing at Santa Rosa and El Camino Real at the next Planning Commission meeting. Mr. Kahn also addressed the issue of stops for Dial -A -Ride and safety issues involved with crossing El Camino Real. Commissioner Beraud advocated for a median to create a safe zone in the middle of El Camino Real. There was Commission discussion regarding the tower design. Commissioner Jones stated the project was well designed, it meets the need for low-income senior housing and he is in support of the project. Chairperson Fonzi asked if the City policy of first offering these units to the residents of Atascadero could be included in the Motion. Planning Services Manager Steve McHarris stated that this policy has been applied to for sale properties, not rental units. Additionally, these units will be for retired persons and this policy was aimed at workforce housing. Community Development Director asked that there be a time period placed on this condition if it is added to the motion. There was Commission discussion on this topic and it was felt that this project was not appropriate for the workforce housing policy. MOTION: By Vice Chairperson Kelley and seconded by Commissioner Jones to adopt Draft Resolution 2003-0119 approving the Conditional Use Permit 2003-0119 with Master Plan of Development, based on findings and subject to Conditions of Approval with the following corrections: 1) PC Resolution to identify the applicant as the Atascadero Senior Housing, a California Limited Partnership and San Luis Obispo Non -Profit Housing Corporation as a general partner, 2) Condition No. 24 to read "driveway to be paved with decorative paver design, final finish selection to complement selected building architecture and colors subject to staff approval," and 3) add to Conditional No. 31 "existing overhead utility lines shall be placed underground subject to City Engineer approval." AYES: Commissioners Jones, O'Keefe, Beraud, Porter, Bentz, Kelley and Chairperson Fonzi NOES: None ABSTAIN: None Motion passed 7.0 by a roll -call vote. COMMISSIONER COMMENTS & REPORTS Commissioner O'Keefe questioned if there were an appearance review manual. Director Frace stated that the City has one and copies will be made available to the Commission. Commissioner O'Keefe referred to the Rochelle property and questioned why the 20 -foot wide trail easement along Graves Creek and the Salinas River as recommended by the Department of Parks and Recreation was dropped from the proposal. Director Frace explained the background of this site and the history of the trail connections. Commissioner Beraud expressed concern regarding the Anza Trail and archeological areas within the project, which were not included on the Commission's maps. Commissioner Jones left the hearing at 8:30 p.m. 5. DOVE CREEK STUDY SESSION COMMENTS Staff will collect any Commissioner's comments related to the Dove Creek Study Session held on November 19, 2003. Commissioner Beraud: "I thought the project looked good but then I started thinking about the fact that we have a limited amount of commercial in our mixed use, we haven't gotten to the discussion of what percentage of the property should be designated as commercial. So that was a part that seemed like a higher percentage of the property should be used for commercial or light industry. My second concern was the fact that the developer is not going to be developing the commercial part and we might just end up with this blank spot, and I'm not sure how we could necessarily condition a project to make sure that the commercial was built. Those are my two biggest concerns." Commissioner Bentz: "I had thought about the commercial myself. I recall that they were planning on about 60,000 square feet of commercial and I think a more appropriate number would be about 150,000 square feet of commercial from my point of view. And the commercial should be on the El Camino side and not on the Santa Barbara side." Commissioner O'Keefe: "I would like to also see more commercial, but one specific thing that would be very helpful, and I don't know if this is possible, is a gas station up there. We're having a lot of development and if you have a market there, people going out onto Highway 101, if they could gas up there, would be trip reduction. I don't know what's feasible; I don't like to make recommendations that can't be carried out. I think across the street there is commercial. With commercial does that include gas stations also? I just think one at that end of town would really be helpful. You have everybody coming off San Antonio there, there's that whole development there too." Warren Frace: "There is commercial designated on the south side of Santa Barbara at El Camino, but they're fairly small, tight pads. It's possible gas stations are either allowed or conditionally allowed uses in those commercial zones, so its possible that those could develop with that type of use in the future." Commissioner O'Keefe: "Other than that I think the project is very interesting and they have certainly been creative in developing the area." Vice Chairperson Kelley: "Yes, I had a few comments and I had emailed most of them to Warren already, but I'll just cover them in a nutshell. Some of my concerns, I think there were the setbacks within the project, I think they should be uniform with the rest of the setbacks in the City, where we don't have some buildings that are right up on the street. I think there was some mention of some units that didn't have driveways in front of them. Traffic was another key issue. I think that really needs to be addressed. I think there is going to be a tremendous increase in traffic coming and going out of that center there. In regards to the commercial, I had a suggestion, I thought maybe if they moved the whole complex more towards the intersection and put it in the center part of the property where you could have access for the people from the project and access for the people off of El Camino and Santa Barbara there, that you might get a little better flow of traffic coming and going out of it. As far of the size of the commercial project, I'm not an expert at sizing it according to neighborhoods and what have you, but I know there have been studies that in order to have certain types of businesses you have to have so many people available to go to that commercial center. I think we should be very, very careful on how big we make that commercial center and that its not made too big where some of the buildings will never get filled up in there like some of the rest of the commercial centers that we have in town, and they become a failure instead of a success. I also have great concern that the commercial center will never be built. I think we could make that a condition of the project that if this project is done in certain phases, like one through three, that at the end of the first phase say and the beginning of the second phase, that commercial project has to start, and put the burden on the developer that he goes out and solicits people to come to the commercial project: that it be a commitment that he's going to have to make too. Otherwise I don't think anything will ever happen to it." Commissioner Porter: "I guess my primary concern too is not the size of the commercial but the timing of when it's being built. I kept thinking, or what kept popping into my mind, is the corner of San Anselmo and El Camino, how that corner right there was never developed and I picture if we don't condition this project to have the developer build the commercial at the same time as the residential, it just won't get done. So that's my primary concern." Chairperson Fonzi: " I also felt that it needed to be built. It could be phased, but I don't think they should be allowed to just plan it and leave it. I don't think it would be built in a timely fashion; it would be an eyesore, which is what we don't need. I had some concerns also about a road that was in the development somewhat near the floodplain and it was just an emergency access. It seemed very odd the way that it was drawn, I'm not an architect or an engineer, but it seemed like it should have a throughway through there not just an emergency access." Commissioner Beraud: I really liked how they tried to work with the site. I thought that was creative of them. So I think they should get some kudos for the environmental aspects that they took into account." DIRECTOR'S REPORT 6. 3F MEADOWS TREE PROTECTION STATUS REPORT Community Development Director Warren Frace gave the status report and answered questions of the Commission. There was Commission discussion regarding this type of report and whether additional information would be useful. It was resolved that if there were issues of interest they should be brought to the Chairperson who would then forward those on to staff. Community Development Director Frace announced there would be no Planning Commission meeting on December 30th and the City Council would not be meeting on December 23rd. The first Planning Commission meeting in the New Year would be January 6, 2004. ADJOURNMENT Chairperson Fonzi adjourned the meeting at 9:04 p.m. to the next regularly scheduled meeting on December 16, 2003. MEETING RECORDED AND MINUTES PREPARED BY: Grace Pucci, Recording Secretary \\Cityhall\CDvlpmnt\— PC Minutes\PC Minutes 03\PC Draft Minutes. 12-02-03.doc I:7_\aI Planning Commission Meeting Schedule 2004 MEETING DATE January 6 MEETING TYPE TIME Regular 7:00 p.m. January 20 Regular 7:00 p.m. February 3 Regular 7:00 p.m. February 17 Regular 7:00 p.m. March 2 Regular 7:00 p.m. March 16 Regular 7:00 p.m. April 6 Regular 7:00 p.m. April 20 Regular 7:00 p.m. May 4 Regular 7:00 p.m. May 18 Regular 7:00 p.m. June 1 Regular 7:00 p.m. June 15 Regular 7:00 p.m. July 6 Regular 7:00 p.m. July 20 Regular 7:00 p.m. August 3 Regular 7:00 p.m. August 17 Regular 7:00 p.m. September 7 Regular 7:00 p.m. September 21 Regular 7:00 p.m. 7:00 p.m. October 5 Regular October 19 Regular 7:00 p.m. November 2 Regular 7:00 p.m. November 16 Regular 7:00 p.m. December 7 Regular 7:00 p.m. December 21 Regular 7:00 p.m. \\Cityhall\CDvlpmnt\PC Meeting Schedule\PC Meeting Schedule 2004.am.doc ITEM NUMBER: 4 DATE: 5/20/03 Community Development Staff Report Tree Removal Permit TRP 2003-0036 (2135 San Fernando Rd: Phillips) SUBJECT: Request to remove sixty-two (62) native oak trees, ten of which are over 24 -inches in diameter, in conjunction with the development of a 4,000 square -foot single-family home located at 2135 San Fernando Rd. RECOMMENDATION: Staff recommends: The Planning Commission make finding #5 that the project cannot be reasonably redesigned to avoid the need to remove 62 native oak trees and adopt Resolution PC 2003-0056 to approve the request to remove the sixty-two native oak trees subject to the guidelines and mitigation required by the Atascadero Native Tree Ordinance, and subject to project conditions. SITUATION AND FACTS: 1. Applicant: Dan and Susan Phillips, 6009 Conejo Rd, Atascadero, CA 93422. 2. Representative: Dan and Susan Phillips, 6009 Conejo Rd, Atascadero, CA 93422. Phone: (805) 466-2500 3. Certified Arborist: Steven G. Alvarez; Arbor Tree Surgery, 802 Paso Robles Street, Paso Robles, CA 93446. Phone: (805) 239-1239 3. Project Address: 2135 San Fernando Rd., Atascadero, CA 93422; APN 049-281-012 ANALYSIS: The applicant has proposed a 4,000+ square foot single-family residence on the project site. The project site is comprised of steep slopes between 13 and 50 percent with a steep bank along the San Fernando Rd frontage. The driveway as proposed crosses a natural drainage swale. The majority of the parcel contains steep slopes and heavy concentrations of oak trees. The area proposed for the building site is located adjacent to the highest ridge. The proposed septic system has been located adjacent to the driveway in an area with minimal trees to avoid additional tree removals. Grading for the proposed driveway and residence site will result in the majority of the proposed tree removals. The project is currently under staff review through the City's Precise Plan permit process. The City of Atascadero's Tree Ordinance requires that a certified arborist prepare an accurate and appropriate Tree Protection Plan, and that appropriate mitigation for native tree removals be implemented as a condition of the project. The applicant submitted a Tree Protection Report and staff is in the process of reviewing the recommendations, which will be incorporated into the site plan, landscape plan, and conditions of approval for the project once the plan is accepted as complete. The arborist's report findings conclude that the native oak trees to be removed are restricted to within the building site and driveway location in addition to graded areas necessary for the proposed improvements. In addition, the arborist has recommended the use of tree wells for trees that will be significantly impacted by cut and fill amounts within the dripline. At present, staff is requesting that the Planning Commission make finding #5 or refer the project back to staff. At this time the Planning Commission may either approve the requested tree removals which would allow the application process to continue with the current building and driveway proposal, or the Commission may direct the applicant to explore alternative site designs with justifications for the chosen solution. Staff has requested that the applicant submit alternative designs to lessen the tree impacts. This request has been brought to Planning Commission in the early stages of review. The Planning Commission may wish to direct the applicant to consider specific site alternatives, including the use of retaining along the driveway design to minimize native tree impacts caused by grading and/or reconfiguration of the site. Mitigation for the proposed tree removals is outlined in the attached tree mitigation table (Attachment 3, Exhibit B). FINDINGS: Pursuant to the Tree Ordinance (Ordinance No. 214), "decisions on native tree removals of 24 -inch dbh-size or larger shall be made by the Planning Comr�_ission." In considering any tree removal request, at least one of the following findings must be made: 1) The tree is dead, diseased or injured beyond reclamation, as certified by a tree condition report from an Arboristi 2) The tree is crowded by other healthier native trees, thinning (removal) would promote healthier growth in the trees to remain, as certified by a tree condition report from an Arborist; 3) The tree is interfering with existing utilities and/or structures, as certified by a report from the Site Planner; 4) The tree is inhibiting sunlight needed for existing and/or proposed active or passive solar heating or cooling, as certified by a report from the Site Planner; S) The tree is obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from the Site Planner and determined by the Community Development Department based on the following factors: • Early consultation with the City; • Consideration ofd' Tactical design alternatives; • Provision of cost comparisons (from applicant) for practical design alternatives; • Ifsaving tree eliminates all reasonable uses of the property; or • Ifsaving the tree requires the removal of more desirable trees. It is staff's opinion that finding #5 is most applicable to this request, if the Planning Commission believes that the proposed improvements can not be reasonably designed to avoid the need for the requested tree removal. Staff notes that no alternative site configurations have been produced by the applicant to date. ALTERNATIVES: The Planning Commission can direct the applicant to consider modifications and alternative site configurations for the proposed project. CONCLUSION: The applicant has a submitted tree protection plan with findings from a Certified Arborist. The project as proposed requires the removal of 62 native oak trees. Staff is requesting that the Planning Commission provide direction to the applicant regarding site design alternatives. PREPARED BY: Kelly Davis, Assistant Planner ATTACHMENTS: Attachment 1: Location Map Attachment 2: Site Plan Attachment 3: Site Photos Exhibit A: Draft Resolution Exhibit B: Conditions of Approval/Tree Mitigation Table Exhibit C: Tree Protection Plan Attachment 1 Location Map 2135 San Fernando Rd. ool Attachment 2 Site Plan Proposed Residence zz ` I i Location of natural swale �I 4v AP AM— �j*'9siw (- ,. ,•. itv 1 r ;d. � j:3• :c. �• r'.�i. �{.� t. ,'B�+FI �'.}�SY',t(��+�:' jrc•��i'? ps£��t� �~: . .! _ _ ` •,moi f jQ?x,'f.SOA �• •,.. Ml . r J y y �.. • J� • DRAFT RESOLUTION PC 2003-0056 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING A TREE REMOVAL PERMIT TO ALLOW THE REMOVAL OF SIXTY-TWO NATIVE OAK TREES LOCATED AT 2135 SAN FERNANDO RD. (TRP 2003-0036/PHILLIPS) WHEREAS, an application for a Tree Removal Permit has been received from, Dan and Susan Phillips, 6009 Conego Rd, Atascadero, CA 93422 to allow the removal of sixty- two native oak trees located at 2135 San Fernando Rd.; and, WHEREAS, the proposed project is located within the Rural Estate land use designation of the City of Atascadero's General Plan Land Use Diagram; and, WHEREAS, the proposed project is located in the Residential Suburban zoning district; and, WHEREAS; the Planning Commission reviewed the proposed Tree Removal application on May 20, 2003, at 7:00 p.m. in the Rotunda Room of City Hall located at 6500 Palma Avenue and considered testimony and reports from staff, the applicants, and the public; and, NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Findings for Approval of Tree Removal Permit. The Planning Commission finds as follows: The tree is obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from the Site Planner and determined by the Community Development Department based on the following factors: ■ Early consultation with the City; ■ Consideration of practical design alternatives; ■ Provision of cost comparisons (from applicant) for practical design alternatives; ■ If saving tree eliminates all reasonable uses of the property; or ■ If saving the tree requires the removal of more desirable trees. SECTION 2. Approval. The Planning Commission hereby approves Tree Removal Permit 2003-0036 subject to the following Conditions and Exhibits: Exhibit A: Conditions Of Approval Exhibit B: Tree Protection Plan Exhibit C: Site Plan On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ADOPTED: CITY OF ATASCADERO, CA David Bentz Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary (0) (0) (0) (0) Exhibit B: Conditions of Approval Tree Removal - TRP 2003-0036 Conditions of Approval Timing Responsibility Mitigation TRP 2002-0022 /Monitoring Measure PR: Pror to Removal PS: Planning Services BL: Business License BS: Building Services BP: Building Permit FD: Fire Department TO: Temporary Occupancy PD: Police Department F0: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attorney Planning Services 1. The applicant shall pay $8,433.33 into the tree fund as FO PS mitigation for the tree removal as shown in the attached table. Should the number of necessary tree removals be decreased or increased through project alteration, the total fee shall be recalculated based on the requirements set forth in the Atascadero Native Tree Ordinance. Any additional removal request for trees in excess of 24" dbh will require Planning Commission approval. 2. No tree removals shall be allowed prior to the issuance of an BP PS approval letter. 3. The proposed driveway shall incorporate retaining walls PPN PS along the driveway to minimize native tree impacts. 4. All underground utilities shall be routed with the proposed BP PS driveway. 5. Native trees with greater than 40% dripline encroachment BP PS shall require a mitigation deposit consistent with fee requirements set forth in the Atascadero Native Tree Ordinance. Deposits shall be refunded once a certified arborist establishes a high chance of survivability for such impacted trees. 6. A Pre -construction meeting shall be required prior to building BP PS permit issuance. 7. Monitoring of construction activities by a certified arborist shall be required throughout the entirety of the project. 8. Prior to building permit final, a letter from the certified project arborist certifying construction activity in relation to on-site trees shall be required. Tree Mitigation Table 1 Evergreen Native Trees (inches) Mitigation Requirement Tree Fund Payment: $ 7,466.67 Deciduous Native Trees (inches) dbh notes 1 15 -inches 2 8 -inches 3 8 -inches 4 16 -inches 5 5 -inches 6 6 -inches 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 Total 58 -inches Tree Fund Payment: $ 966.67 Totals 954 -inches $ 8,433.33 dbh notes 1 14 -inches 2 20 -inches 3 9 -inches 4 8 -inches 5 28 -inches 6 26 -inches 7 14 -inches 8 9 -inches 9 11 -inches 10 5 -inches 11 16 -inches 12 22 -inches 13 14 -inches 14 9 -inches 15 6 -inches 16 10 -inches 17 10 -inches 18 7 -inches 19 12 -inches 20 6 -inches 21 21 -inches 22 12 -inches 23 26 -inches 24 38 -inches 25 42 -inches 26 16 -inches 27 16 -inches 28 13 -inches 29 17 -inches 30 12 -inches 31 14 -inches 32 16 -inches 33 19 -inches 34 19 -inches 35 18 -inches 36 21 -inches 37 33 -inches 38 16 -inches 39 26 -inches 40 19 -inches 41 12 -inches 42 4 -inches 43 5 -inches 44 6 -inches 45 9 -inches 46 32 -inches 47 10 -inches 48 7 -inches 49 25 -inches 50 22 -inches 51 10 -inches 52 13 -inches 53 24 -inches 54 16 -inches 55 11 -inches 56 20 -inches Total 896 -inches Mitigation Requirement Tree Fund Payment: $ 7,466.67 Deciduous Native Trees (inches) dbh notes 1 15 -inches 2 8 -inches 3 8 -inches 4 16 -inches 5 5 -inches 6 6 -inches 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 Total 58 -inches Tree Fund Payment: $ 966.67 Totals 954 -inches $ 8,433.33 Exhibit B: Tree Protection Plan Tree Removal - TRP 2003-0036 MAR i ?o1 ! 1 Date: 3-11-03 coMMUNm CZt'eLpps^NT To: Dan Phillips �- --- From: Steven Alvarez Chip Tamagni Certified Arborists, Arbor Tree Surgery Re: Phillip's Residence, San Fernando Rd., Atascadero This tree protection plan is in regards to the proposed residence on San Fernando Road in Atascadero, California. The plans propose a driveway meandering through a young to semi -mature oak woodland to a flat arca at the top of the property for the home. Both the driveway and the home have areas that consist of cut and fill engineering to account for the slope. There are approximately 106 native trees that are impacted by this project. Some trees have been flagged with red tape indicating removals and others with yellow tape indicating trees to be saved. The plans have the trees numbered individually and they are highlighted in pink for removal and yellow for saved. The plans also have the proposed fencing outlined in red ink. The following tree protection standards shall be in place and practiced for all mitigated trees: 1. Fencing: Must be a minimum of 4' high chain link, snow or safety fence staked at the drip -line or line of encroachment for each tree or group of trees. The fence must be up before any construction or earth moving begins. The fence placement should be inspected by the arborist(s) once it is erected. 2. Soil Aeration Methods: Soils under the drip -lines that has been compacted by heavy equipment and/or construction activities must be returned to their original state before all work is completed. Methods include water jetting, adding organic matter, and boring small holes with an auger (18" deep, 2-3' apart with a 24" auger) and the application of moderate amounts of nitrogen fertilizer. The arborist(s) shall advise. 3. Chip Mulch: All areas within the drip -line of the trees that cannot be fenced shall receive a 4-6" layer of chip mulch to retain moisture, soil structure and reduce the effects of soil compaction. 4. Trenching Within The Drip -line: All trenching under the drip -lines of native trees shall be hand dug, augured or bored. All major roots shall be avoided whenever possible. All exposed roots larger than I" in diameter shall be clean cut with a sharp pruning tools and not left ragged. Trenching will occur during sewer line construction and water line construction. 5. Grading Within The Drip -line: Grading should not encroach within the drip -line. If grading is necessary, construction of retaining walls or tree wells or other protection measures may be necessary to insure the survivability of the trees. Chip mulch 4-6" in depth may also be required in these areas. Grading should not disrupt the normal drainage pattern around the trees. Fills should not create a ponding condition and excavations should not leave the tree on a rapidly draining mound. 4/ Awe 6. Exposed Roots: Any exposed roots shall be recovered the same day they were exposed. 7. Paving Within The Drip -line: Pervious surfacing is preferred within the drip -line of any oak tree. 8. Vehicle and all heavy equipment shall not be driven under the trees as this will contribute to soil compaction. 9. Existing Surfaces: The existing ground surface within the drip -line of all oak trees shall not be cut, filled compacted or pared. The exception will be the trees needing tree wells (trees: 19, 21, 31, 61, 62, 63, 64, 80). 10. Construction Materials And Waste: No liquid or solid construction waste shall be dumped on the ground within the drip -line of any oak tree. 11. Arborist Monitoring: An arborist shall be present for road and house grading, tree well construction, sewer line/water line trenching, pre -construction fence placement. The monitoring does not necessarily have to be continuous but observational at times during the above activities. 12. Pre -Construction Meeting: An on-site pre -construction meeting with the Arborist(s), Owner, Planning Sta$ and the earthy moving team shall be required for this project. Prior to final occupancy, a letter from the arborist(s) shall be required verifying the health/condition of all impacted trees and providing any recommendations for any additional mitigation. The letter shall verify that the arborist(s) were on site for all grading and/or trenching activity that encroached into the drip -line of the native trees, and that all work done in these areas was completed to the standards set forth above. The included spreadsheet includes trees listed by number, species and multiple stems if applicable, diameter and breast height (4.5), condition, status (avoided, impacted, removed, exempt), mitigation required (fencing), construction impact, and individual tree notes. Number of trees for removal is 59 with a total diameter of 905". Please let us know if we can be of any future assistance to you for this project . Steven G. Alvarez Certified Arborist #0511 Chip Tamagni Certified Arborist #6436-A Tree # Species Diameter in inches Condition Status A -I -R -E Rem -Mit Required Const. Impact Notes 1 LO 21 Good I F Road 2 LO x 2 15 Good I F Road 3 LO 14 Good R Road 4 WO 15 Good R Road 5 LO x 2 20 Ave R Road 6 To on x 2 8 Good R Road 7 LO 9 Good R Road 8 LO 8 Poor R Road 9 LO x 3 11 Good I F Road 10 LO 9 Fair I F Road 11 To on 8 Poor R Road 12 LO 28 Good R Road 13 LO 36 Fair I F Fill 14 LO 26 Fair R Road 15 LO x 3 14 Poor R Road 16 To on x 5 16 Good R Road 17 LO x 3 40 Good I F Road 18 LO 12 Good I F Road 19 LO 28 Good I F Road Tree Well Needed 20 Oak 5 Poor R Road 21 LO x 3 21 Fair I F Road Tree Well Needed 22 LO 9 Poor R Road 23 LO 11 Poor R Road 24 LO 5 Poor R Road 25 LO x 2 16 Poor R Road 26 LO x 3 22 Poor I F Road Hazard Tree 27 LO 9 Poor I F Road 28 LO x 2 22 Ave R Road 29 LO x 2 13 Poor I F Road 30 LO x 2 14 Poor R Road 31 LO x 2 37 Fair I F Road Tree Well Needed 32 LO 9 Fair R Road 33 LO 6 Fair R Road 34 LO 10 Fair R Road 35 LO 10 Fair R Road 36 LO 7 Fair R Road 37 LO 12 Dead R Road 38 LO 6 Poor R Road 39 LO 21 Good R Road 40 LO 12 Good R Road 41 LO 28 Fair I F Road Bad Cavity on West Side 42 LO x 3 26 Fair R Road 43 LO 26 Fair I F Road 44 LO x 3 33 Fair I F Road 45 LO 16 Fair I F Road 46 LO x 2 20 Fair I F Road 47 LO x 4 26 Fair 1 F Road 48 LO x 2 22 Fair I F Septic 49 LO x 2 19 Fair I F Septic 50 LO x 3 17 Fair I F Septic 51 LO 4 Fair I F Road 52 LO 27 Fair I F Road 53 LO x 3 24 Fair I F Road 54 LO x 3 38 Good R Road 55 LO x 2 13 Good I F Road 56 LO x 4 53 Good I F Road 57 LO x 6 29 Good I F Road 58 LO x 5 42 Good R Road 59 LO x 2 42 Good I F Road 60 LO x 3 30 Good I F Road 61 LO x 2 18 Good I F Road Tree Well Needed 62 LO x 2 12 Good I F Road Tree Well Needed 63 LO x 2 26 Good I F Road Tree Well Needed 64 LO x 3 27 Good I F Road Tree Well Needed 65 LO 16 Good R Road 66 LO 16 Good R Road 67 LO 13 Good R House 68 LO x 2 17 Good R House 69 LO 12 Good R House 70 LO x 2 18 Good I F House One Half Dead 71 LO 14 Good R House 72 LO 16 Good R Nouse 73 LO 19 Good R House 74 LO 19 Poor R House 75 LO x 2 18 Poor R House 76 LO 21 Fair R House 77 LO x 2 33 Good R House 78 LO x 2 16 Fair R House 79 LO x 2 26 Good R House 80 LO x 3 32 Good I F House Tree Well Needed 81 LO x 2 19 Good I F House 82 LO x 2 16 Good I F House 83 LO x 3 15 Fair I F Cut Trees on Adjoining Pro 84 LO x 2 20 Poor I F Cut Trees on Adjoining Prop 85 LO x 3 21 Poor I F Cut Trees on Adjoining Pro 86 To on 6 Poor R Cut Hard Lean 87 LO x 3 19 Poor R Cut 88 LO 12 Poor R Cut 89 LO 4 Poor R Cut 90 LO 5 Poor R Cut 91 LO 6 Poor R Cut 92 LO 9 Fair R House 93 LO 32 Fair R Cut 94 LO x 2 10 Poor R Cut 95 LO 7 Poor R Cut 96 LO x 3 25 Good R Cut 97 LO x 3 22 Fair R Cut 98 LO x 2 10 Poor R Cut 99 LO 13 Fair R Cut 100 LO x 3 24 Fair R Cut 101 LO x 2 22 Fair I F Cut 102 LO 16 Fair I F Cut 103 LO x 3 16 Fair R Cut 104 LO 11 Fair R Cut 105 LO x 3 24 Fair I F Cut 106 LO 8 Fair 1 F Cut � O Exhibit cSite Plan TreRem_al - Ta 2003-036 y : / |||� '|®! ` � ! Al,|�;| ��l�� M'1 if 81 Planning Commission Staff R Public Hearing SUBJECT: ITEM NUMBER: 4 DATE: 12/16/03 ort Tentative Parcel Map 2003-0051 (AT 03-0262) 3600 Maricopa Road (Shores) TENTATIVE PARCEL MAP 2003-0051: Proposed subdivision of one existing parcel totaling approximately 5.28 acres into two parcels of 2.51 and 2.57 acres, gross. The site is currently developed with a single-family residence. The existing improvements will be confined to one lot allowing development of a single-family residence on the remaining lot. RECOMMENDATION: Staff Recommends: The Planning Commission adopts Resolution No. PC 2003-0118, certifying the proposed Mitigated Negative Declaration 2003-0050 and approving Tentative Parcel Map 2003-0051, a request to subdivide two parcels totaling 5.28 acres into two parcels of 2.51 and 2.57 acres, gross, based on findings and subject to conditions. SITUATION AND FACTS: 1. Applicant/Owners: Richard Radke, c/o Ron Shores, 6700 EI Camino Real, Atascadero, California 93422 Phone: (805) 466-2767 2. Representative: Wilson Land Surveys, 7600 Morro Road, Atascadero, California 93422, Phone: (805) 466-2445 3. Project Address: 3600 Maricopa Road, Atascadero, California 93422 APN 054-041-012 4. General Plan Designation: RE (Rural Estate) ITEM NUMBER: 4 DATE: 12/16/03 5. Zoning District: RS (Residential Suburban with a minimum lot size of 2.51 + 2.57 acres) (gross) based on performance standards. 6. Site Area: 7. Existing Use: 8. Environmental Status 5.28 Acres (gross) Developed with a single family residence Proposed Mitigated Negative Declaration Site description: The site has an average slope of 19.4 percent overall. Average slope for the individual parcels is 18.5 and 19.6% based on the "contour" method. There are several walnut trees on the site and areas of oak woodland. ITEM NUMBER: 4 DATE: 12/16/03 DISCUSSION: Subdivision Design: The subdivision will divide one existing lot into two parcels. Proposed Parcel 2 will be a flag lot with a 24 -foot paved accessway, per Fire Department standards. Proposed Parcel 1 will exceed the 3:1 depth to width ratio. However, the proposed width of the parcel frontage along Maricopa Road will exceed 150 feet, allowing enough area to meet all required setbacks and therefore, will not be detrimental to neighboring parcels. In addition, the depth to width ratio will not impede future development as the majority of the surrounding property to the north, east and south has previously been subdivided and the property to the west is zoned for agriculture use. Minimum parcel size for the property has been calculated as follows: ITEM NUMBER DATE: 12/16103 Minimum Lot Size Criteria For the Residential Suburban Zone Address 3600 Marico a Road 3600 Marico a Road Lot Size Factors APN 054-041-012 Lot Size Parcel 12.51 Acres, gross Parcel 2 - 2.57 Acres, Gross 0-8,000 = .20, 8-10,000 =.25, 10 - Distance from 12,000 =.30, 12- 14,000=.40, 12,000 =.30; 12- 14,000= .40; Center of 14-16,000 =.50,16-18,000 =.60, 14-16,000 =.50; 16-18,000 =.60; Community 18-20,000=.75, >20,000=.90 6900 0.2 Septic <20 min/inch=.50; 20-39 min/inch=.75 <20 min/inch=.50; 20-39 min/inch=.75 Suitability (perk 40-59 min/inch= 1.00; > 60 min/inch= 40-59 min/inch= 1.00; > 60 min/inch= rate) 1.50 20-30 0.75 0.75 0-10%=.5, 11-20%=.75, 0-10% =.5; 11-20% = .75; 21-25% = 1.0, 26-30% =1.25, 21-25% = 1.0; 26-30% =1.25; Average Sloe 31- 35% =1.75, 36-40% = 2.00 18.5% 0.75 0.75 City accepted road =.40 ; Paved road City accepted road =.40; Paved road less than 15% =.40; Paved road more less than 15% =.40; Paved road more than 15% =.50; All weather less than than 15% =.50; All weather less than 15% =.75; All weather more than 15% 15% =.75; All weather more than 15% Access = 1.00; Unimproved less than 15% = = 1.00; Unimproved less than 15% _ Condition 1.25; Unimproved more than 15% = 1.5 1.25; Unimproved more than 15% _ 0.4 Average Lot Condition 1.5 Size Within 0.4 Average Lot 1500 Feet Size Within acres 2.041 0.41 Minimum Lot Size= 2.508 Minimum Lot Size Criteria For the Residential Suburban Zone Address 3600 Marico a Road Lot Size Factors APN 054-041-012 Lot Size Parcel 2 - 2.57 Acres, Gross 0-8,000 = .20; 8-10,000 =.25; 10 - Distance from 12,000 =.30; 12- 14,000= .40; Center of 14-16,000 =.50; 16-18,000 =.60; Community 18-20,000= .75; > 20,000 = .90 6900 0.25 Septic <20 min/inch=.50; 20-39 min/inch=.75 Suitability (perk 40-59 min/inch= 1.00; > 60 min/inch= rate) 1.50 20-39 0.75 0-10% =.5; 11-20% = .75; 21-25% = 1.0; 26-30% =1.25; Average Sloe 31- 35% =1.75; 36-40% = 2.00 20% 0.75 City accepted road =.40; Paved road less than 15% =.40; Paved road more than 15% =.50; All weather less than 15% =.75; All weather more than 15% = 1.00; Unimproved less than 15% _ Access 1.25; Unimproved more than 15% _ Condition 1.5 0.4 Average Lot Size Within 1500 Feet (acres) 1 2.04 0.41 Proposed Building Envelope :a 4 N. �¢qqi yt ITEM NUMBER: 4 DATE: 12/16/03 Minimum Lot Size= 2.5581 9 a�5 9 age 9Y 999YY S 3 ` �; W. . ✓ 1// kk Existing Development Recommended Open Space/Tree .�� Preservation Easement Area ITEM NUMBER: 4 DATE: 12/16/03 PROPOSED TENTATIVE PARCEL MAP The existing improvements on the site will be confined to proposed Parcel 1. Percolation tests indicate that each lot is suitable for an engineered onsite septic system. Atascadero Mutual Water Company will provide water to the potential new residence at the time of development. Future utilities to the new lot will be required to be placed underground and located within the driveway area to reduce any potential impacts to native vegetation. Future development has been designed to avoid impacts to native vegetation; however, there are several oak trees on the property. In accordance with General Plan Policies 6.1.4, 6.1.6 and 6.1.7 Staff has conditioned the project to provide an open space/tree preservation easement over the oak woodland areas on the higher elevations of the property. (Planning Condition No. 7). The subdivision is consistent with the General Plan Rural Estate land use designation and Residential Suburban zoning regulations with minimum lot sizes of 2.51 and 2.57 acres, gross, based on performance standards. Public Improvements: The project has been conditioned to overlay Maricopa Road to the centerline plus 10 feet, prior to recordation of the final map. Environmental Review: The Initial Study concludes that there will be no significant harm to the environment as a result of this subdivision. A proposed Mitigated Negative Declaration has been prepared for the project and certification of the Mitigated Negative Declaration is included in draft Planning Commission Resolution 2003-0118. CONCLUSIONS: The subdivision, as conditioned, is consistent with the 2002 General Plan and Zoning Ordinance. The parcel configurations are consistent with the Subdivision Ordinance requirements with the finding that the depth to width ratio of proposed Parcel 1 will not be detrimental to neighboring properties and will not impede future development. The size and shape of the proposed lots are consistent with the character of the immediate neighborhood. Staff recommends the Planning Commission approve the tentative parcel map as conditioned. ALTERNATIVES: 1. The Commission may approve the subdivision subject to additional or revised project conditions. The Commission's motion to approve needs to include any new or revised project conditions. ITEM NUMBER: 4 DATE: 12/16/03 2. The Commission may deny the subdivision if it is found to be inconsistent with the General Plan or any of the other required findings. The Commission's motion to deny must include a finding basis for denial. 3. The Commission may continue the hearing and refer the item back to staff for additional information or analysis. Direction should be given to staff and the applicant on required information. PREPARED BY: Kerry Margason, Associate Planner ATTACHMENTS: Attachment 1 -- Location Map Attachment 2 -- Draft Resolution PC 2003-0118 ITEM NUMBER: 4 DATE: 12/16/03 ATTACHMENT 1: Location Map (General Plan / Zoning) TPM 2003-0051 3600 Maricopa Road Project Site: 3600 Maricopa Road GP: RE (Rural Estate) Zoning: RS (Residential Suburban) ITEM NUMBER: 4 DATE: 12/16/03 ATTACHMENT 2: Draft Resolution No. PC 2003-0118 TPM 2003-0051 3600 Maricopa Road DRAFT RESOLUTION NO. PC 2003-0118 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING A TENTATIVE PARCEL MAP 2003-0051TO DIVIDE ONE RESIDENTIAL LOT INTO TWO RESIDENTIAL LOTS AT 3600 MARICOPA ROAD (SHORES) WHEREAS, Richard F. Radke, through Ron Shores, 6700 EI Camino Real, Atascadero, California, 93422 (Owner/Applicant), applied for a Tentative Parcel Map to subdivide one lot totaling 5.28 acres into two parcels of 2.51 and 2.57acres, gross, each; and, WHEREAS, the proposed project has a General Plan Designation of Rural Estate (RE) and, as conditioned, is in conformance with the Land Use Element of the General Plan and all other applicable General Plan policies; and, WHEREAS, the site is located in the Residential Suburban (RS) zoning district with a minimum lot size of 2.508 and 2.558 acres, gross, which allows for the proposed use and density when certain findings are made; and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2003-0063 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission held a duly noticed public hearing to consider the proposed Mitigated Negative Declaration and Tentative Parcel Map application on December 16, 2003 at 7:00 p.m. and considered testimony and reports from staff, the applicants, and the public. NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Certification of Negative Declaration. The Planning Commission of the City of Atascadero, hereby certifies Mitigated Negative Declaration 2003-0063 based on the following findings: 1. The Negative Declaration has been completed in compliance with requirements of the California Environmental Quality Act; and, 2. The project does not have the potential to degrade the environment; and ITEM NUMBER: 4 DATE: 12/16/03 3. The project will not achieve short-term to the disadvantage of long-term environmental goals; and, 4. The project does not have impacts which are individually limited, but cumulatively considerable; and, 5. The project will not cause substantial adverse effects on human beings either directly or indirectly. SECTION 2. Findings for approval of subdivision. The Planning Commission finds as follows: 1. The proposed subdivision, as conditioned, is consistent with the General Plan and applicable zoning requirements. 2. The design and improvement of the proposed subdivision is consistent with the General Plan and applicable zoning requirements. 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the density of development proposed. 5. The design and improvement of the proposed subdivision will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat. 6. The subdivision is consistent with the character of the immediate neighborhood. 7. The design of the subdivision will not conflict with easements acquired by the public at large for access through, or the 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 proposed subdivision design will not be detrimental to neighboring properties or future development because all lots will maintain a building site ITEM NUMBER: 4 DATE: 12/16/03 width of 150 feet or greater, allowing all required setbacks for future development to be met. SECTION 3. Approval. The Planning Commission does hereby approve Tentative Parcel Map 2003-0051 (AT 03-0262) to subdivide one parcel totaling 5.28 acres into two parcels of 2.51 and 2.57 acres each, subject to the following Conditions and Exhibits: EXHIBIT A: Mitigated Negative Declaration EXHIBIT B: Conditions of Approval EXHIBIT C: Tentative Parcel Map 2003-0051 (AT 03-0262) 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: 12/16/03 EXHIBIT A: Proposed Mitigated Negative Declaration Draft Resolution PC 2003-0118 TPM 2003-0051 ITEM NUMBER DATE: 12/16/03 EXHIBIT B: Conditions of Approval Draft Resolution PC 2003-0118 TPM 2003-0051 Conditions of Approval / Mitigation Monitoring Timing Responsibility Mitigation Program /Monitoring Measure PM: Parcel Map TPM 2003-0051 (AT 03-0262) GP: Grading Prmt BP: Building Prmt PS: Planning Services BS: Building Services TO: Temporary FD: Fire Department 3600 Maricopa Road Occupancy PD: Police Department F0: Final CE: City Engineer Occupancy WW; Wastewater PI: Public CA: City Attorney Improvements AMWC: Atascadero Mutual Water Company Planning Services - Standard Planning Conditions 1. The approval of this application shall become final, subject PM PS to the completion of the conditions of approval, fourteen (14) days following the Planning Commission approval unless prior to that time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 2. Approval of this Tentative Parcel Map shall be valid for two PM PS years after its effective date. At the end of the period, the approval shall expire and become null and void unless an extension of time is granted pursuant to a written request received prior to the expiration date. 3. The Community Development Department shall have the PM PS authority to approve minor changes to the project that (1) result in a superior site design or appearance, and/or (2) address a construction design issue that is not substantive to the Tentative Parcel Map. 4. A parcel map drawn in substantial conformance with the PM PS approved tentative map, and in compliance with all conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 5. The subdivider shall defend, indemnify, and hold harmless Ongoing CA the City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the City, or any of its entities, concerning the subdivision. 6. The parcel map shall be subject to additional fees for park PM PS or recreation purposes (QUIMBY Act) as required by City Ordinance. ITEM NUMBER DATE: 12/16/03 Conditions of Approval / Mitigation Monitoring Timing Responsibility Mitigation Program /Monitoring Measure PM: Parcel Map TPM 2003-0051 (AT 03-0262) GP: Grading Prmt BP: Building Prmt PS: Planning Services BS: Building Services TO: Temporary FD: Fire Department 3600 Maricopa Road Occupancy PD: Police Department F0: Final CE: City Engineer Occupancy WW: Wastewater PI: Public CA: City Attorney Improvements AMWC: Atascadero Mutual Water Company Project Specific Conditions 7. The final map shall clearly identify the open space/tree PM PS preservation easement. In addition, an informational map sheet shall be recorded with the final map that states the provisions of the open space/tree preservation easement. All provisions shall be reviewed by the Community Development Director and the City Attorney for approval, prior to recordation. BP PS/BS 8. Prior to issuance of building permits, the applicant shall stake the construction area for inspection by a certified arborist to insure all construction activities take place outside the driplines of native trees. If construction activities will encroach into driplines, the applicant shall have a full tree protection plan prepared for review and approval by the Community Development Department. 9. At the time of development, all cut and fill areas shall be restricted to a maximum of 8 feet in depth and run. If deeper cut and fill areas are shown, the applicant shall redesign the development to meet these constraints. 10. All utilities shall be placed underground in the area of the driveway in order to reduce trenching and potential impacts to native vegetation. 11. In accordance with the City's Subdivision Ordinance, the PM PS/CE flag portion of Lot 1 shall be a minimum 24 feet in width and shall be improved with 20 feet of paving. In addition, the flag shall utilize a Standard City Driveway approach as determined by the City Engineer. 12. A reflectorized house number master sign shall be PM PS/CE located at the intersection of the street and accessway and individual reflectorized address signs shall be placed on the right-hand side of the driveway to each individual lot. Engineering ITEM NUMBER DATE: 12/16/03 Conditions of Approval / Mitigation Monitoring Timing Responsibility Mitigation Program /Monitoring Measure PM: Parcel Map TPM 2003-0051 (AT 03-0262) GP: Grading Prmt BP: Building Prmt PS: Planning Services BS: Building Services TO: Temporary FD: Fire Department 3600 Maricopa Road Occupancy PD: Police Department F0: Final CE: City Engineer Occupancy WW: Wastewater PI: Public CA: City Attorney Improvements AMWC: Atascadero Mutual Water Company 1. The applicant shall overlay the entire street frontage on PM CE Maricopa Road as directed by the City Engineer. The width of the overlay shall be to the centerline plus 10 feet. 2. The applicant shall address storm water detention prior to BP CE grading and drainage approval. 3. The Subdivision Improvement Agreement shall record PM CE concurrently with the Final Map. 4. The applicant shall enter into a Plan Check/Inspection PM CE agreement with the City. 5. The applicant shall be responsible for the relocation PM CE and/or alteration of existing utilities. 6. The applicant shall install all new utilities (water, gas, PM CE electric, cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 7. The applicant shall monument all property corners for PM CE construction control and shall promptly replace them if disturbed. 8. A preliminary subdivision guarantee shall be submitted PM CE for review in conjunction with the processing of the parcel map. 9. All existing and proposed utility, pipeline, open space, or PM CE other easements are to be shown on the parcel map. If there are building or other restrictions related to the easements, they shall be noted on the parcel map. The applicant shall show all access restrictions on the parcel map. 10. Prior to recording the parcel map, the applicant shall pay PM CE all outstanding plan check/inspection fees. 11. Prior to the final inspection of any public improvements, PM CE the applicant shall submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with thea proved plans. ITEM NUMBER DATE: 12/16/03 Conditions of Approval / Mitigation Monitoring Timing Responsibility Mitigation Program /Monitoring Measure PM: Parcel Map TPM 2003-0051 (AT 03-0262) GP: Grading Prmt BP: Building Prmt PS: Planning Services BS: Building Services TO: Temporary FD: Fire Department 3600 Maricopa Road Occupancy PD: Police Department FO: Final CE: City Engineer Occupancy WW: Wastewater PI: Public CA: City Attorney Improvements AMWC: Atascadero Mutual Water Company 12. Prior to recording the parcel map, the applicant's PM CE 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. PM CE 13. Prior to recording the parcel map, the applicant shall submit a map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 14. Prior to recording the parcel map, the applicant shall PM CE have the map reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company indicating their review of the map. The letter shall identify any new easements that may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the parcel map. 15. Upon recording the final map, the applicant shall provide PM CE the City with a black line clear Mylar (0.4 mil) copy and a blue line print of the recorded map. Building /Fire Marshal: 1. All future development shall be consistent with City of GP FD/PS/BS Atascadero Fire Department requirements. Water Company: PM AMWC 1. Prior to recordation of the Final Map, the applicant shall submit plans showing the water distribution facilities required to serve the project for review and approval by the Atascadero Mutual Water Company. All new water ITEM NUMBER DATE: 12/16/03 Conditions of Approval / Mitigation Monitoring Timing Responsibility Mitigation Program /Monitoring Measure PM: Parcel Map TPM 2003-0051 (AT 03-0262) GP: Grading Prmt PS: Planning Services BP: Building Prmt BS: Building Services TO: Temporary FD: Fire Department 3600 Maricopa Road Occupancy PD: Police Department F0: Final CE: City Engineer Occupancy WW: Wastewater PI: Public CA: City Attorney Improvements AMWC: Atascadero Mutual Water Company distribution facilities shall be constructed in conformance with Atascadero Mutual Water Company standards. 2. Prior to the recordation of the Final Map, the applicant PM AMWC shall obtain a "Will Serve" letter from the Atascadero Mutual Water Company. 3. Prior to the issuance of building permits, the applicant BP/GP AMWC shall pay all installation and connection fees required by the Atascadero Mutual Water Company. 4. All water distribution facilities shall be constructed in PM 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. 5. Each newly created parcel will require separate water PM AMWC meters. MITIGATION MEASURES Mitigation Monitoring Program Timing Responsibility Mitigation TPM 2003-0051 /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services 3600 Marico a Road p TO: Temporary Occupancy FD: Fire Department FI: Final inspection PD: Police Department F0: Final Occupancy CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure 3.b: The project shall be conditioned to comply BP PS/BP 3.b with all applicable 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: ITEM NUMBER DATE: 12/16/03 Conditions of Approval / Mitigation Monitoring Timing Responsibility Mitigation Program /Monitoring Measure PM: Parcel Map TPM 2003-0051 (AT 03-0262) GP: Grading Prmt BP: Building Prmt PS: Planning Services BS: Building Services TO: Temporary FD: Fire Department 3600 Maricopa Road Occupancy PD: Police Department F0: Final CE: City Engineer Occupancy WW: Wastewater PI: Public CA: City Attorney Improvements AMWC: Atascadero Mutual Water Company A. All material excavated or graded shall be sufficiently watered to prevent excessive amounts of dust. Watering shall occur at least twice daily with complete coverage, preferably in the late morning and after work is finished for the day. B. All clearing, grading, earth moving, or excavation activities shall cease during periods of high winds (i.e. greater than 20 mph averaged over one hour) so as to prevent excessive amounts of dust. C. All material transported off-site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. D. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized so as to prevent excessive amounts of dust. E. Permanent dust control measures identified in the approved project revegetation and landscape plans shall be implemented as soon as possible following completion of any soil disturbing activities. F. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading shall be sown with fast -germinating native grass seed and watered until vegetation becomes established. G. All disturbed areas not subject to revegetation shall be stabilized using approved chemical soil binders, jute netting, or other methods in advance by the APCD. H. All roadways, driveways, sidewalks, etc. to be paved shall be completed as soon as possible. In addition, structural foundations shall be completed as soon as possible following building pad construction. I. On-site vehicle speed shall be limited to 15 mph for any unpaved surface. J. All unpaved areas with vehicle traffic shall be watered at least twice per day, using non -potable water. K. Streets adjacent to the project site shall be swept daily to remove silt that 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. M. Large canopy shade trees shall be provided along street frontages and within parking areas to shade paved areas and minimize urban heat build-up. Mitigation Measure 4.3.1: The building envelope, as shown on the BP BS/PS 4.e.2 Tentative Map, shall be made a part of the final map through recordation of an additional (or informational) map sheet. Prior to impacts or removal of any walnut tree, a certified arborist or biologist with the necessary expertise, shall certify that the existing walnut trees are not native trees. There shall be no encroachment into the drip line of any native oak tree and none is proposed with this project. Mitigation Measure 6.c.d.1: A soils report shall be required to be GP/BP BS/PS 6.c.d.1 submitted with a future building permit by the building department. The building plans will be required to follow the recommendations of the soils report to assure safety for residents and buildings. The property contains no unusual geological formations. EXHIBIT C: Tentative Parcel Map (AT 03-0262) Draft Resolution PC 2003-0118 TPM 2003-0051 Y ITEM NUMBER: 4 DATE: 12/16/03 �rIIEi l ell,rll.i�l p •x.. o e¢ / I l i �II 9 IV 116 0 \ l I� :9 135.9 a 6g i �Bp y xs \ IL lit \ ITEM NUMBER: 5 DATE: 12/16/03 Atascadero Planning Commission Staff Report - Community Development Department Tentative Parcel Map 2002-0028 (AT 01-091) and Road Abandonment 2002-0009 9230 Vista Bonita (APN 030-441-015) (Frederick) RECOMMENDATION (S): The Planning Commission: 1. Adopt Resolution No. PC 2003-0121 recommending the City Council certify the proposed Mitigated Negative Declaration 2003-0066 and approve Tentative Parcel Map 2002-0028 (AT 01-091), a request to subdivide one parcel totaling 4.33 acres, gross, into two parcels of 1.87 and 2.46 acres gross, based on findings and subject to conditions. 2. Adopt Resolution No. PC 2003-0122 recommending the City Council approve a request to abandon Vista Bonita from its intersection with EI Bordo Avenue to its westerly terminus. REPORT -IN -BRIEF: A request to subdivide one 4.33 acre lot into two lots of 1.87 and 2.46 acres, gross. The site is located on the south side of Vista Bonita, west of EI Bordo Avenue. The property is steep, with average slopes over 30%. Although proposed Parcel 1 is not intended for residential development, building envelopes for both proposed parcels have been identified on slopes under 20%. SITUATION AND FACTS: 1. Applicant/Owner: Michael Frederick, P.O. Box 573, Atascadero, California 93423; (805) 466-5060 2. Representative: Wilson Land Surveys, 7600 Morro Road, Atascadero, California 93422; (805) 466-2445 ITEM NUMBER: 5 DATE: 12/16/03 3. Project Address: 9230 Vista Bonita, Atascadero, California 93422 APN 030-441-015 4. General Plan Designation: SFR -Z (Single Family Residential, 1.5 to 2.5 acre minimum) 5. Zoning District: SFR -Z (Residential Single Family, 1.5 to 2.5 acre minimum) 6. Site Area: 4.33 acres, gross 7. Existing Use: Cell Site/Vacant 8. Environmental Status: Proposed Negative Declaration posted December 3, 2003. DISCUSSION: Background: The site is located on the south side of Vista Bonita, west of EI Bordo Avenue. The surrounding parcels are generally developed with single-family residences on lots of 1 acre or greater. ITEM NUMBER: 5 DATE: 12/16/03 There are existing cellular sites within the area of proposed Parcel 1. Planning Commission Resolution 2001-038 approved the cellular sites in August of 2001. Proposed Parcel 2 has previously been graded and has an existing building pad area. Analysis: Minimum lot size for Residential Single Family -Z parcels is based on performance standards and ranges between 1.5 and 2.5 acres, gross. Minimum lot size for the parcels questions was calculated as follows: LJ _ ITEM NUMBER DATE: 12/16/03 Minimum Lot Size Criteria For the Residential Single Family Zone Address 9230 Vista Bonita Avenue Lot Size Factors APN 030-441-015 Lot Size Parcel 1 = 1.87 acres Contact Wilson Land Surveys Distance from Center of 0-4,000 =.08; 4-6,000 =.10; Community 6-8,000 =.12 > 8,000 0.12 >20 min/inch=.30; 20-59 Septic Suitability min/inch=.50; > 60 (perk rate min/inch= .70 Sewer 0.3 0-20% =.3, 21-30% =.50, Average Sloe 31% and over = .70 0.7 City accepted road =.15 Paved road less than 15% =.15; Paved road more than 15% =.20; All weather less than 15% =.25; All weather more than 15% = .30; Access Condition Unimproved surface = .40 0.2 Average Lot Size Within 1500 Feet acres 1.021 1 0.20 Minimum Lot Size= 1.523 Minimum Lot Size Criteria For the Residential Single Family Zone Address 9230 Vista Bonita Avenue Lot Size Factors APN 030-441-015 Lot Size Parcel 2 = 2.46 acres Contact Wilson Land Surveys Distance from Center of 0-4,000=.08, 4-6,000=.10 Community 6-8,000 =.12 > 8,000 0.12 >20 min/inch=.30 Septic Suitability 20-59 min/inch=.50 (perk rate > 60 min/inch= .70 Sewer 0.3 0-20% =.3, 21-30% =.50, Average Sloe 31% and over = .70 0.7 City accepted road =.15 Paved road less than 15% =.15 Paved road more than 15% =.20 All weather less than 15% =.25 All weather more than 15% _ .30 Unimproved surface Access Condition = .40 0.2 Average Lot Size Within 1500 Feet (acres) 1 1.021 1 0.20 Minimum Lot Size= 1.523 ITEM NUMBER: 5 DATE: 12/16/03 The proposed lot sizes meet the minimum lot size requirement. General Plan Policy 5.2.5 does not permit the creation of new lots when average slopes are 30% or greater, unless a building envelope with slopes of 20% or less can be established. Both lots have building areas with slopes of 20% or less. In addition, a recommended condition of approval for the subdivision would require an open space easement over all of Parcel 1, which is currently used as a cellular facility site (Planning Condition No. 7). The lots will take access off of Vista Bonita Avenue, as a private driveway. The applicant is requesting abandonment of Vista Bonita with this application. City Council Resolution 24-97 previously abandoned the most westerly portion of Vista Bonita in May of 1997. If approved, this abandonment request would relinquish the remaining portion of Vista Bonita Avenue. ITEM NUMBER: 5 DATE: 12/16/03 The Public Works Department and the Fire Department have both reviewed the abandonment request and determined that, due to the steepness of Vista Bonita Avenue, the road will not meet City standards and therefore, abandonment is appropriate at this time. Environmental Review: The Initial Study concludes that there will be no significant harm to the environment as a result of this subdivision. A proposed Mitigated Negative Declaration has been posted and the comment period will close prior to final consideration by the City Council. Public Improvements: The City Engineer's office is not requesting public improvements at this time. Proposed Tentative Parcel Map for TPM 2002-0028 ITEM NUMBER: 5 DATE: 12/16/03 Conclusion - As conditioned, the subdivision is consistent with the General Plan and Zoning Ordinance. The parcel configurations are consistent with the Subdivision Ordinance requirements and the size and shape of the proposed lots are consistent with the character of the immediate neighborhood. Staff recommends the Planning Commission recommend that the City Council approve the tentative parcel map and road abandonment as proposed. ALTERNATIVES: 1. The Commission may recommend approval the subdivision subject to additional or revised project conditions. The Commission's motion to recommend approval needs to include any new or revised project conditions. 2. The Commission may recommend denial of the subdivision if it is found to be inconsistent with the General Plan or any of the other required findings. The Commission's recommendation 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 2003-0121 Attachment 2 Draft Resolution 2003-0122 ITEM NUMBER: 5 DATE: 12/16/03 ATTACHMENT 1: Draft Resolution PC 2003-0121 TTM 2002-0028 9230 Vista Bonita Avenue DRAFT RESOLUTION NO. PC 2003-0121 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO RECOMMENDING APPROVAL OF TENTATIVE PARCEL MAP 2002-0028 TO DIVIDE ONE RESIDENTIAL LOT INTO TWO RESIDENTIAL LOTS ON THE SOUTH SIDE OF VISTA BONITA AVENUE (APN 030-441-015) (FREDERICK) WHEREAS, Michael Frederick, P.O. Box 573, Atascadero, California 93423 (Applicant/Owner) applied for a Tentative Parcel Map to subdivide one lot totaling 4.33 acres into two parcels of 1.87 and 2.46 acres, gross; and, WHEREAS, the proposed project has a General Plan Designation of SFR -Z (Single Family Residential, 1.5 to 2.5 acre minimum) and, as conditioned, 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-Z (Residential Single Family, 1.5 to 2.5 acre minimum) zoning district, which allows for the proposed use and density when certain findings are made; and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2003-0066 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission held a duly noticed public hearing to consider the proposed Mitigated Negative Declaration and Tentative Parcel Map application on December 16, 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. Recommends to the City Council Certification of Neiative Declaration. The Planning Commission of the City of Atascadero, hereby recommends the City Council certify Mitigated Negative Declaration 2003-0066 based on the following findings: 1. The Proposed Mitigated Negative Declaration has been completed in compliance with CEQA; and, 2. The Proposed Mitigated Negative Declaration was presented to the Planning Commission, and the information contained therein was considered by the ITEM NUMBER: 5 DATE: 12/16/03 Planning Commission, prior to recommending action on the project for which it was prepared; and, 3. The project does not have the potential to degrade the environment when mitigation measures are incorporated into the project. 4. The project will not achieve short-term to the disadvantage of long-term environmental goals. 5. The project does not have impacts that are individually limited, but cumulatively considerable. 6. The project will not cause substantial adverse effects on human beings either directly or indirectly. SECTION 2. Findings for recommendation of approval of subdivision. The Planning Commission finds as follows: 1. The proposed subdivision, as conditioned, is consistent with the General Plan and applicable zoning requirements. 2. The design and improvement of the proposed subdivision is consistent with the General Plan and applicable zoning requirements. 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the density of development proposed. 5. The design and improvement of the proposed subdivision will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat. 6. The subdivision is consistent with the character of the immediate neighborhood. 7. The design of the subdivision will not conflict with easements acquired by the public at large for access through, or the 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. SECTION 3. Recommendation for Approval. The Planning Commission does hereby recommend the City Council approve Tentative Parcel Map 2002-0028 (AT 01-091) to ITEM NUMBER: 5 DATE: 12/16/03 subdivide one parcel totaling 4.33 acres into two parcels of 1.87 and 2.46 acres each, subject to the following Conditions and Exhibits: EXHIBIT A: Mitigated Negative Declaration EXHIBIT B: Conditions of Approval EXHIBIT C: Tentative Parcel Map 2002-0028 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: 12/16/03 EXHIBIT A: Proposed Mitigated Negative Declaration Draft Resolution PC 2003-0121 TPM 2002-0028 ITEM NUMBER DATE: 12/16/03 EXHIBIT B: Conditions of Approval Draft Resolution PC 2003-0121 TPM 2002-0028 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure TPM 2002-0028 (AT 01-091) PM: Parcel Map GP: Grading Prmt PS: Planning Services 9230 Vista Bonita Avenue BP: Building Prmt TO: Temporary BS: Building Services FD: Fire Department Occupancy PD: Police Department FO: Final CE: City Engineer Occupancy WW: Wastewater PI: Public CA: City Attorney Improvements AMWC: Atascadero Mutual Water Company Planning Services - Standard Planning Conditions 1. The approval of this application shall become final, Ongoing PS 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 shall be valid for FM PS two years after its effective date. At the end of the period, the approval shall expire and become null and void unless an extension of time is granted pursuant to a written request received prior to the expiration date, or a final map is recorded with the County Recorder's Office. 3. The Community Development Department shall have FM PS the authority to approve minor changes to the project that (1) result in a superior site design or appearance, and/or (2) address a construction design issue that is not substantive to the Tentative Parcel Map. 4. A Parcel map drawn in substantial conformance with FM PS 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. 5. The subdivider shall defend, indemnify, and hold Ongoing CA harmless the City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the City, or any of its entities, concerning the subdivision. 6. The final map shall be subject to additional fees for park FM PS or recreation purposes (QUIMBY Act) as required by City Ordinance. ITEM NUMBER DATE: 12/16/03 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure TPM 2002-0028 (AT 01-091) PM: Parcel Map GP: Grading Prmt PS: Planning Services 9230 Vista Bonita Avenue BP: Building Prmt TO: Temporary BS: Building Services FD: Fire Department Occupancy PD: Police Department FO: Final CE: City Engineer Occupancy WW: Wastewater PI: Public CA: City Attorney Improvements AMWC: Atascadero Mutual Water Company Project Specific Conditions 7. An open space/tree preservation easement shall be FM PS placed over Parcel 1. This easement shall be reviewed and approved by the Community Development Director and the City Attorney, prior to recordation of the Final Map. 8. All future development for both parcels shall connect GP/BP PW/PS/BS to the City's wastewater facilities. 9. All future development shall be consistent with the PM PS Conditions of Approval detailed in Planning Commission Resolution No. 2001-038. 10. All future proposals for cellular facilities shall be Ongoing PS required to amend the existing Conditional Use Permits and shall be required to co -locate on existing facilities. 11. Prior to recordation of the final map, the applicant PM PS shall submit a landscaping plan for all areas previously disturbed and for the area surrounding the gate on Vista Bonita. This landscaping plan shall be reviewed and approved by the Community Development Department and the landscaping shall be installed prior to recordation of the final map. Engineering Standard Conditions 12. In the event that the applicant is allowed to bond for FM CE 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 cost shall be FM CE submitted for review and approval by the City Engineer to determine the amount of the bond. 14. The Subdivision Improvement Agreement shall FM CE record concurrently with the Final Map. 15. The applicant shall enter into a Plan FM CE Check/Inspection agreement with the City. ITEM NUMBER DATE: 12/16/03 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure TPM 2002-0028 (AT 01-091) PM: Parcel Map GP: Grading Prmt PS: Planning Services 9230 Vista Bonita Avenue BP: Building Prmt TO: Temporary BS: Building Services FD: Fire Department Occupancy PD: Police Department FO: Final CE: City Engineer Occupancy WW: Wastewater PI: Public CA: City Attorney Improvements AMWC: Atascadero Mutual Water Company 16. The applicant shall acquire title interest in any off-site FM CE land that may be required to allow for the construction of the improvements. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress and egress is affected by these improvements. 17. Slope easements shall be obtained by the applicant FM CE as needed to accommodate cut or fill slopes. 15. Drainage easements shall be obtained by the FM CE applicant as needed to accommodate both public and private drainage facilities. The applicant shall address storm water detention prior to grading and drainage approval. 18. A current preliminary subdivision guarantee shall be FM CE submitted for review in conjunction with the processing of the parcel map. 19. The final map shall be signed by the City Engineer FM CE prior to the map being placed on the agenda for City Council acceptance. 20. Prior to recording the final map, the applicant shall FM CE pay all outstanding plan check/inspection fees. 21. Prior to recording the final map, the applicant shall FM CE complete all improvements required by these conditions of approval. 22. Prior to recording the final map, the applicant's FM CE 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. 23. Prior to recording the parcel map, the applicant shall FM CE submit a map drawn in substantial conformance with ITEM NUMBER DATE: 12/16/03 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure TPM 2002-0028 (AT 01-091) PM: Parcel Map GP: Grading Prmt PS: Planning Services 9230 Vista Bonita Avenue BP: Building Prmt TO: Temporary BS: Building Services FD: Fire Department Occupancy PD: Police Department FO: Final CE: City Engineer Occupancy WW: Wastewater PI: Public CA: City Attorney Improvements AMWC: Atascadero Mutual Water Company 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. 24. All existing and proposed utility, pipeline, open FM CE space, or other easements are to be shown on the final map. If there are building or other restrictions related to the easements, they shall be noted on the final map. The applicant shall show all access restrictions on the final map. 25. Prior to recording the final map, the applicant shall FM CE have the map reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company indicating their review of the map. The letter shall identify any new easements that may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the final map. 26. All public improvements shall be constructed in FM CE conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 27. The applicant shall be responsible for the relocation FM CE and/or alteration of existing utilities. 28. The applicant shall install all new utilities (water, gas, FM CE electric, cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 29. Prior to the final inspection of any public FM CE 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. ITEM NUMBER DATE: 12/16/03 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure TPM 2002-0028 (AT 01-091) PM: Parcel Map GP: Grading Prmt PS: Planning Services 9230 Vista Bonita Avenue BP: Building Prmt TO: Temporary BS: Building Services FD: Fire Department Occupancy PD: Police Department FO: Final CE: City Engineer Occupancy WW: Wastewater PI: Public CA: City Attorney Improvements AMWC: Atascadero Mutual Water Company 30. The applicant shall monument all property corners for FM CE construction control and shall promptly replace them if disturbed. Engineering Project Specific Conditions 31. An ingress, egress and utility easement shall be FM CE retained over Vista Bonita Avenue. 32. A road maintenance agreement shall be prepared for FM CE maintenance of the private driveway, prior to recordation of the final map. The agreement shall be reviewed and approved by the City Engineer, Community Development Director and the City Attorney. After approval, the road maintenance shall record concurrently with the final map. Building /Fire Marshal: 33. Interior fully automatic fire sprinklers will be required for GP FD/PS/BS all new residential development. 34. All roads, access ways and driveways shall be built to GP FD/PS/BS Fire Department standards, including turnouts and/or turnarounds, as required. The short stretch of grade @22% shown on the tentative map will be acceptable due to the shallow bury of utilities. 35. All residential structures shall be within 800 feet of a fire GP FD/PS/BS hydrant as measured along the road and driveways. Water tanks will not be an acceptable method of providing emergency water supplies. Water Company: 36. The applicant shall design and construct the water FM AMWC system improvements needed to serve the subdivision. The water system improvements required to serve the subdivision shall be private, shall be operated and maintained by the applicant and shall be isolated from the AMWC system with an appropriate back-flow prevention device. The ITEM NUMBER DATE: 12/16/03 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure TPM 2002-0028 (AT 01-091) PM: Parcel Map GP: Grading Prmt PS: Planning Services 9230 Vista Bonita Avenue BP: Building Prmt TO: Temporary BS: Building Services FD: Fire Department Occupancy PD: Police Department FO: Final CE: City Engineer Occupancy WW: Wastewater PI: Public CA: City Attorney Improvements AMWC: Atascadero Mutual Water Company applicant is responsible for designing and constructing water system improvements that will deliver water at the pressures and flows needed to serve the subdivision. 37. AMWC expressly reserves and retains all rights and privileges grated to it, among other things, to construct and operate water facilities over, along, upon and through the segment of the roadway alignment that is to be abandoned. Said rights and privileges were granted to AMWC by that certain Deed, dated October 20, 1914, and recorded in the Office of the County Recorder, County of San Luis Obispo, State of California, in Volume 113, at page 56. MITIGATION MEASURES Mitigation Measure 3.b.1: The project is conditioned to BS BS/PS 3.b.1 comply with all applicable District regulations pertaining to the control of fugitive dust (PM -10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. Section 6.3: Construction Equipment • Maintain all construction equipment in proper tune according to manufacturer's specifications. • Fuel all off-road and portable diesel powered equipment, including but not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power units, with ARB certified motor vehicle diesel fuel (Non - taxed version suitable for use off-road). • Maximize to the extent feasible, the use of diesel construction equipment meeting the ARB's 1996 or newer 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 Techni ues ITEM NUMBER DATE: 12/16/03 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure TPM 2002-0028 (AT 01-091) PM: Parcel Map GP: Grading Prmt PS: Planning Services 9230 Vista Bonita Avenue BP: Building Prmt BS: Building Services FD: Fire Department TO: Temporary Occupancy PD: Police Department FO: Final CE: City Engineer Occupancy WW: Wastewater PI: Public CA: City Attorney Improvements AMWC: Atascadero Mutual Water Company • Develop a comprehensive construction activity management plan designed to minimize the amount of large construction equipment operating during any given time period. • Schedule of construction truck trips during non -peak hours to reduce peak hour emissions. • Limit the length of the construction workday period, if necessary. • Phase construction activities, if appropriate. Section 6.5: Fugitive PM10 All of the following measures shall be included on grading, demolition and building plan notes: ITEM NUMBER DATE: 12/16/03 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure TPM 2002-0028 (AT 01-091) PM: Parcel Map GP: Grading Prmt PS: Planning Services 9230 Vista Bonita Avenue BP: Building Prmt BS: Building Services FD: Fire Department TO: Temporary Occupancy PD: Police Department FO: Final CE: City Engineer Occupancy WW: Wastewater PI: Public CA: City Attorney Improvements AMWC: Atascadero Mutual Water Company 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 23114. J. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or was off trucks and equipment leaving the site. K. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. L. The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust off site. The name and telephone number of such persons shall be provided to the APCD prior to land use clearance for map recordation and land use clearance for finish grading of any structure. Mitigation Measure 4.e.1: The Grading Plan shall identify tree BP Ps protection fencing around the drip line of each existing on-site tree and/or native shrub mass within 20 feet of construction activity. 4.e.1 ITEM NUMBER DATE: 12/16/03 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure TPM 2002-0028 (AT 01-091) PM: Parcel Map GP: Grading Prmt PS: Planning Services 9230 Vista Bonita Avenue BP: Building Prmt BS: Building Services FD: Fire Department TO: Temporary Occupancy PD: Police Department FO: Final CE: City Engineer Occupancy WW: Wastewater PI: Public CA: City Attorney Improvements AMWC: Atascadero Mutual Water Company Mitigation Measure 4.e.2: Grading and excavation and grading work BP PS 4.e.2 shall be consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: 1. All existing trees outside of the limits of work shall remain. 2. Earthwork shall not exceed the limits of the project area. 3. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 4. Vehicles and stockpiled material shall be stored outside the drip line of all trees. 5. All trees within the area of work shall be fenced for protection with 4 -foot chain link, snow, or safety fencing placed per the approved tree protection plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing shall remain in place until completion of all construction activities. 6. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. Mitigation Measure 6.b: All disturbed areas, not shown on the BP BS 6.b project landscape plan for landscaping shall be hydro seeded with a native seed mix. Erosion control measures shall include an erosion control blanket for all 2:1 fill slopes. Affected areas that previously contained native shrubs and vegetation shall be replanted with similar plant species per an approved landscape plan. Duration of the project: The contractor will be responsible for the clean up of any mud or debris that is tracked out on to EI Bordo Rd and/or the private access drive by construction vehicles. Mitigation Measure 6.c.d: A soils report shall be required to be BP BS 6.c.d submitted with any future building permits by the building department. The building plans will be required to follow the recommendations of the soils report to assure safety for residents and buildings. Mitigation Measure 9.b.1 — Concurrent with the recordation of the BP BS/PS 9.b final parcel map, the applicant shall record an informational map sheet clearly showing an open space easement over all of Parcel 1 and clearly indicating that additional development on Parcel 1 is prohibited. Any future requests for additional cellular facilities will be required to co -locate on the existing facilities and there shall be no development of additional `operations" structures. Mitigation Measure 11.d: All construction activities shall comply with BP BS/PS 11.d the City of Atascadero Noise Ordinance for hours of operation. ITEM NUMBER: 5 DATE: 12/16/03 EXHIBIT C: Tentative Parcel Map Draft Resolution PC 2003-0121 TPM 2002-0028 ITEM NUMBER DATE: 12/16/03 ATTACHMENT 2: Draft Resolution PC 2003-0122 TPM 2002-0028 9230 Vista Bonita Avenue DRAFT RESOLUTION PC N0.2003-0122 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO RECOMMENDING SUMMARILY VACATION OF VISTA BONITA AVENUE PURSUANT TO SECTION 8331 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE (ROAD ABANDONMENT #2002-0009) WHEREAS, Michael Frederick, P.O Box 573, Atascadero, California 93423 (Owner, Applicant), applied for a Road Abandonment to abandon Vista Bonita Avenue right-of-way; and WHEREAS, the proposed project area has a General Plan Designation of SFR -Y (Single Family Residential, 1 acre minimum) and the project is in conformance with the Circulation Element of the General Plan and all other applicable General Plan policies; and WHEREAS, the Vista Bonita Avenue right -of way, as shown on the attached Exhibit A, has not been improved for vehicular travel for a period of five consecutive years and no public money has been expended for maintenance on the street during such period; and WHEREAS, the Planning Commission held a duly noticed public hearing to consider the proposed Road Abandonment on December 16, 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. Environmental Review. The Planning Commission recommends the City Council certify the proposed Mitigated Negative Declaration prepared for TPM 2002-0028 and RAB 2002-0009. SECTION 2. Findings off Approval. The Planning Commission recommends that the City Council find as follows: 1. The proposed project is consistent with the General Plan. 2. Vista Bonita Avenue, proposed to be abandoned, has been not passable for vehicular travel for a period of five consecutive years and no public money has been expended for maintenance on the street during such period. ITEM NUMBER: 5 DATE: 12/16/03 BE IT FURTHER RESOLVED, that the Planning Commission of the City of Atascadero does hereby recommend that the City Council approve Road Abandonment 2002- 0009 as shown on Exhibit A and subject to Conditions of Approval contained in Exhibit B. 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: December 16, 2003 CITY OF ATASCADERO, CA Planning Commission Roberta Fonzi, Planning Commission Chairperson ATTEST: Warren Frace Planning Commission Secretary ITEM NUMBER: 5 DATE: 12/16/03 EXHIBIT A: Vista Bonita Road Abandonment Map Draft Resolution PC 2003-0122 RAB 2002-0009 0 J CD 7 N m ¢n f5— N O J Qo o� rn -LL- L- Ow LL - W O JI W a) 00 InmLL-}O v) in LL- >- 0 r OH a 0H o O OHw v% 2 aza F- Z m z J Q �% ��% M Z O ���OI— a 0 zpza= o N \ n :2 LSI p (n Q N W 7 Z =) Z ¢aa N ceS `O o 0WCO CD00 O S O �>J 0�O O O O O y z Odd M O mQV)L a W Q Q1—Q U II 0 J CD 7 N m ¢n f5— N O J Qo -LL- L- Ow LL - - JI W a) 00 InmLL-}O v) in LL- >- 0 r QWw a 0 a O OHw W 2 aza �zoWo Q..Q Z� 0 ::D< J Q t:Oo M a ���OI— U 0 zpza= n >UUtn \ ¢aa N ceS o S O O O y m N M O z oa Of FO LjOD Urn as as 0 o a N a JI Q(7) a' J as Q. < M N I W W U Oi P Q Q o_ � N V O I I JI W a) fe a ¢ J aF a tna0_F I SFooN o �zoWo omaz 0 z h 0Q M a o O U J N V O I I ITEM NUMBER: 5 DATE: 12/16/03 EXHIBIT B: Vista Bonita Road Abandonment Conditions of Approval Draft Resolution PC 2003-0122 RAB 2002-0009 CONDITIONS OF APPROVAL: 1. The applicant shall be responsible for the relocation and/or alteration of existing utilities within the existing Vista Bonita Avenue right of way. 2. The applicant shall enter into a Plan Check/Inspection agreement with the City. All outstanding plan/check inspection fees shall be paid prior to the final inspection. 3. The applicant shall have the map reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company, which indicates their review of the map. The letter shall identify any new easements that may be required by the utility company. Letters from utility companies shall be submitted to the City prior to recordation of the parcel map. 4. The applicant shall acquire title or interest in any off-site land that may be required to allow for the construction of the improvements to relocate any existing utilities. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all property owners whose ingress and egress is affected by these improvements. 5. Parcel Map AT 01-091 shall be recorded concurrently with the abandonment of the existing Vista Bonita Avenue right of way. 6. As part of the abandonment procedure, the City shall retain a storm drain easement and public utility easement covering the right of way. A metes and bounds description shall be prepared and found acceptable. This shall be shown on the document to be recorded. 7. The property owner shall indemnify and hold harmless the city from claims that may arise from the abandonment procedure. This agreement shall be reviewed and found acceptable by the City Attorney. 8. A slope maintenance easement shall be provided on the sides of the right of way as needed to maintain cut or fill slopes.