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Home My WebLink AboutPC_2002-11-05_AgendaPacketCITY OFATASCADERO PLANNING COMMISSION AGENDA Regular Meeting November 5, 2002 — 7:00 P.M. City of Atascadero 6500 Palma Ave. — 4t" Floor, - Atascadero, California CALL TO ORDER Pledge of Allegiance Roll Call: Chairperson Bentz Vice Chairperson Fonzi Commissioner Eddings Commissioner Jones Commissioner Kelley Commissioner O'Malley Commissioner Porter PUBLIC COMMENT (This portion of the meeting is reserved for persons wishing to address the Commission on any matter not on this agenda and over which the Commission has jurisdiction. Speakers are limited to five minutes. Please state your name and address for the record before making your presentation. The Commission may take action to direct the staff to place a matter of business on a future agenda) CONSENT CALENDAR (All items on the consent calendar are considered to be routine and non -controversial by City Staff and will be approved by one motion if no member of the Commission or public wishes to comment or ask questions) 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON OCTOBER 15, 2002. 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).) 2. ZCH 2002-0029 / CUP 2002-0067 / Vesting TTM 2002-0014 Applicant: Kelly Gearhart, 6205 Alcantara, Atascadero, CA 93422 Project Title: ZCH 2002-0029 / CUP 2002-0067 / Vesting TTM 2002-0014 Project 2000 Ferrocarril Road (East of Union Pacific Railroad), Atascadero, San Luis Location: Obispo County APN 049-023-030, 049-291-016, 049-291-005 Project The proposed project consists of Planned Development Zone Change with a Master Plan of Description: Development to allow a 16 lot single family residential subdivision with an average minimum lot size of 2.5 acres. One of the lots will be a 5.76 -acre open space lot with an equestrian/pedestrian trail and parking area. The project will permit the construction of 13 additional single family dwellings. The site has rolling topography and large flat areas with numerous oak trees and native vegetation. The site is located between the Salinas River and the Union Pacific Railroad. Access will be provided from a street extension off of El Camino Real that will require construction of a grade separated railroad crossing. No water or sewer services are available to the site, and the site will be served by individual wells and septic systems. The project is consistent with the General Plan Land Use designation and requires a Planned Development Overlay for zoning consistency. General Plan Designation: SE (Suburban Estates) Zoning District: RS (Residential Suburban) Proposed PROPOSED NEGATIVE DECLARATION 2002-0030: Environmental Based on the findings of the initial study, the Community Development Department Determination recommends that the Planning Commission find that no significant harm would come to the environment from approval of this project. The proposed Negative Declaration is available for public review at 6500 Palma Avenue, Community Development Department, Room 104, from 8:00 a.m. to 5:00 p.m., Monday through Friday Staff 1. Adopt Resolution No. PC 2002-0064, recommending that the City Council certify Recommends the proposed Mitigation Negative Declaration 2002-0030; and, 2. Adopt Resolution No. PC 2002-0065, recommending that the City Council introduce an ordinance for first reading to approve Zone Change 2002-0029; and, 3. Adopt Resolution No. PC 2002-0066 recommending that the City Council approve Conditional Use Permit 2002-0067 for the Master Plan of Development subject to findings and conditions of approval; and, 4. Adopt Resolution No. PC 2002-0067 recommending that the City Council approve Vesting Tentative Tract Map 2002-0014, subject to findings and conditions of approval. COMMUNITY DEVELOPMENT STAFF REPORTS 3. TREE REMOVAL PERMIT, PPN 2002-0082: 8275 SAN CLEMENTE AVENUE Request to remove eight (8) native oak trees, one of which is over 24 -inches in diameter, in conjunction with the development of a 2,200 square foot split level single-family home located at 8275 San Clemente. Staff recommends: The Planning Commission approve the removal of eight native oak trees subject to guidelines and mitigation as required by the Atascadero Native Tree Ordinance, as specified within the project conditions. 4. TREE REMOVAL PERMIT, TRP 2002-0022: 7105 RAYAR ROAD Request to remove fifteen (15) native oak trees, four of which exceeds 24 -inches dbh, in conjunction with the construction of an new single family residence at 7105 Rayar Road. (APN 050-331-017). Staff Recommends: The Planning Commission adopt Resolution PC 2002-0063 approving the request to remove seventeen native oak trees subject to the guidelines and mitigation required by the Atascadero Native Tree Ordinance, and which are specified within the project conditions. COMMISSIONER COMMENTS & REPORTS ADJOURNMENT The next regular meeting of the Planning Commission will be November 19, 2002 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. Cdvlpmnt/PC Agenda 11.5.02.doc City ofAtascadero WELCOME TO THE ATASCADER0 PLANNING COMMISSION MEETING The Planning Commission meets in regular session on the first and third Tuesday of each month at 7: 00 p.m., in the Rotunda of City Hall. Matters are considered by the Commission in the order of the printed Agenda. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the Community Development Department and are available for public inspection during City Hall business hours at the Permit Center counter. An agenda packet is also available for public review at the Atascadero Library, 6850 Morro Road. All documents submitted by the public during Commission meetings that are either read into the record or referred to in their statement will be noted in the minutes and available for review in the Community Development Department office. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager's Office, (805) 461-5010, or the City Clerk's Office, (805) 461-5074. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK ON AGENDA ITEMS Members of the audience may speak on any item on the agenda. The Chairperson will identify the subject, staff will give their report, and the Commission will ask questions of staff. The Chairperson will announce when the public comment period is open and will request anyone interested to address the Commission regarding the matter being considered to step up to the podium. If you wish to speak for, against or comment in any way: • You must approach the podium and be recognized by the Chairperson • Give your name and address (not required) • Make your statement • All comments should be made to the Chairperson and Commission All comments limited to 5 minutes (unless changed by the Commission) No one may speak for a second time until everyone wishing to speak has had an opportunity to do so, and no one may speak more than twice on any item. The Chairperson will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Commission. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, "PUBLIC HEARINGS," the Chairperson will call for anyone from the audience having business with the Commission to: • Please approach the podium and be recognized • Give your name and address (not required) • State the nature of your business This is the time items not on the Agenda may be brought to the Commission's attention. A maximum of 30 minutes will be allowed for Community Forum (unless changed by the Commission). Cdvlpmnt/PC Agenda/ -Welcome and meeting information1doc ITEM NUMBER: 1 DATE: 11/05/02 DRAFT igis '. r, ' i 4aTe CITY OF ATASCADERO PLANNING COMMISSION MINUTES Regular Meeting October 15, 2002 — 7:00 P.M. CALL TO ORDER Chairman Bentz called the meeting to order at 7:02 p.m. and Vice Chairman Fonzi led the Pledge of Allegiance. PLANNING COMMISSION BUSINESS A. Administration of Oath of Office City Clerk Marcia McClure Torgerson will administer the Oath of Office to Planning Commissioner Member Greg Porter. City Clerk Marcia McClure Torgerson administered the Oath of Office to Planning Commissioner Greg Porter. Commission members congratulated Commissioner Porter and he took his seat on the Commission. ROLL CALL Present: Commissioners Eddings, Jones, Kelley, O'Malley, Porter, Fonzi and Chairman Bentz Absent: None Staff: Community Development Director Warren Frace, City Engineer Steve Kahn Associate Planner Glenn Rider, Planning Services Manager Steve McHarris, City Attorney Roy Hanley and Recording Secretary Grace Pucci. PUBLIC COMMENT Jonelle Norton, Executive Director Atascadero Main Street, invited the Planning Commissioners to the Main Street November mixer on November 12th at Life Steps Foundation. Director Norton informed the Commission of upcoming Main Street events. Chairman Bentz closed the Public Comment period. City of Atascadero Planning Commission Minutes ZCONSENT CALENDAR Regular Meeting October 15, 2002 Page 2 of 10 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON OCTOBER 1, 2002. MOTION: By Commissioner Jones and seconded by Commissioner O'Malley to approve the Consent Calendar. AYES: Commissioners Jones, O'Malley, Kelley, Porter, Fonzi and Chairman Bentz NOES: None ABSTAIN: Commissioner Eddings Motion passed 6:0 by a roll -call vote. PUBLIC HEARINGS 2. ZCH 2002-0023 CITY OF ATASCADERO DOWNTOWN ZONING TEXT AMENDMENT Applicant: Cit of Atascadero (applicant)/Atascadero Main Street Organization (sponsor) Project Title: Zone Change 2002-0023 Project Location: City of Atascadero Downtown Commercial District Project The proposed project consists of a zoning text amendment of the City's Downtown Zoning Description: District ordinance, based upon the request of the Atascadero Main Street Organization. The proposed zoning text amendment would permit office, business & vocational school, research & development, health care, and broadcasting service uses on the first floor within the Downtown Commercial (DC) zoning district. Also, handicapped accessible residential units would be allowed on the first floor in non -storefront locations. General Plan Designation: Downtown. Zoning District: Downtown Commercial. Proposed CEQA Exemption by Statute Section 15061. The project will have no significant effect on the Environmental environment. Determination Staff (1) Planning Commission amend the proposed zone change by conditionally permitting office, Recommendation business & vocational school, research & development, health care, and broadcasting service uses in the Downtown Commercial District with fewer required findings by adopting Resolution No. PC 2002-0052, recommending that the City Council introduce an ordinance for first reading to approve Zone Change 2002-0023; or (2) The Planning Commission support a code amendment permitting office, business & vocational school, research & development, health care, and broadcasting service uses in the Downtown Commercial District with a provision to require appearance review approval of storefront and signage by the Main Street Organization for these uses prior to City issuance of a business license or building permit from the City. Deleted: ¶ City of Atascadero Planning Commission Minutes Regular Meeting October 15, 2002 Page 3 of 10 Community Development Director Warren Frace announced that the Atascadero Main Street organization had requested that this item be continued and agendized at a future date. MOTION: By Commissioner O'Malley and seconded by Commissioner Kelley to continue Public Hearing Item #2. AYES: Commissioners O'Malley, Kelley, Jones, Porter, Eddings, Fonzi and Chairman Bentz NOES: None ABSTAIN: None Motion passed 7: 0 by a roll -call vote. Chairman Bentz announced that Item #6. would be moved to Item #3. to accommodate the City Attorney. 3. MUNICIPAL CODE TEXT CHANGE: ORDINANCE RESTRICTING OFF PREMISE AUTO SALES; CITY WIDE Applicant: City of Atascadero Project Title: Municipal Code Text Change Section 4-3.103 Project Location: City wide Project An amendment to the Municipal Code prohibiting off premise sales of new and used Description: cars and trucks. Proposed Statutory Exemption 15061(b)(3): General rule exemption applying to projects that Environmental can be determined to have no potential impact on the environment. Determination Staff Planning Commission recommend approval to the City Council Recommendation City Attorney Roy Hanley discussed the staff report and answered questions of the Commission. PUBLIC COMMENT — None MOTION: By Vice Chairman Fonzi and seconded by Commissioner Jones to amend Municipal Code Text Section 4-3.103, an amendment to the Municipal Code prohibiting off premise sale of new and used cars and trucks. AYES: Commissioners Fonzi, Jones, O'Malley, Kelley, Eddings, Porter and Chairman Bentz NOES: None City of Atascadero Planning Commission Minutes Regular Meeting October 15, 2002 Page 4 of 10 ABSTAIN: None Motion passed 7: 0 by a roll -call vote. 4. CUP 2002-0068 BIG BRAND TIRES COMMERCIAL BUILDING Applicant: Majco, Inc./Greg Robinson, 1000 Commercial Avenue, Oxnard, CA 93030 Project Title: Conditional Use Permit 2002-0068 Project Location: 2055 El Camino Real, Atascadero, San Luis Obispo County Project The proposed project is an application for a Condition Use Permit to construct a 14,707 Description: square -foot new commercial building, parking lot and landscaping on a 1.9 -acre vacant lot of record. The proposed project will require grading quantities of approximately 2,950 cubic yards of cut and fill. The project will not require the removal native trees. The building site is gently to moderately sloped and primarily grassland. The project will gain access from El Camino Real. The project includes a conceptual master development plan consistent with the commercial development identified within the previously certified Atascadero Factory Outlet 11 and Tentative Tract 2215 Environmental Impact Report (SCH#96011031). Proposed PROPOSED MITIGATED NEGATIVE DECLARATION 2002-0037: Environmental Based on the findings of the initial study, the Community Development Department Determination recommends that the Planning Commission find that no significant harm would come to the environment from approval of this project. The previously certified Atascadero Factory Outlet II and Tentative Tract 2215 Environmental Impact Report (SCH#96011031) has been used as part of the Initial Study to document a finding that the proposed project will not have a significant effect, per CEQA Section 15154(c). The proposed Mitigated Negative Declaration is available for public review at 6500 Palma Avenue, Community Development Department, Room 104, from 8:00 a.m. to 5:00 p.m., Monday through Friday. Staff The Planning Commission adopt Resolution No. PC 2002-0055 certifying proposed mitigated Recommendation negative declaration 2002-0037 and approving Conditional Use Permit 2002-0068 subject to the findings, conditions and exhibits. Planning Services Manager Steve McHarris provided the staff report and answered questions of the Commission PUBLIC COMMENT Michael Sherer, 6755 El Camino Real, applicant's co -representative, stated that he felt this was a good, quality project that fits in with the character of the neighborhood. He expressed the following concerns: 1. Condition of Approval No. 18: They would like to keep the dialogue open to the possibility of a monument sign for the future. They requested the last sentence on Condition No. 18 be made more lenient and open to future discussion. 2. Condition of Approval No. 19: For security and safety reasons they are requesting that Condition No. 19 (reciprocal access) be removed. 3. Mitigation Measure No. l l.c.: They have tried to accommodate any noise issues through the design of the building and by insuring that 95% of vehicle work and all storage is to be done inside the building. They would request that Measure No. l I. c. be removed. City of Atascadero Planning Commission Minutes Regular Meeting October 15, 2002 Page 5 of 10 Mr. Sherer answered questions of the Commission. Commissioner O'Malley inquired whether the applicant would be agreeable expanding access in the back at some future time when the remainder of the site developed. Mr. Shearer stated that they would not want the issue of future cooperation to be part of the requirements, however if it is feasible and the design of the adjoining property allows for participation that would be a possibility. They have no objection to the creation of the reciprocal access along the front of the proj ect. Chairman Bentz closed the Public Commentperiod. Commissioner Kelley stated that it was his opinion Mitigation Measure No. l l.c., noise analysis, should be dropped as a requirement on this project. He feels with the 120 -foot distance and the 9 to 10 foot rise the noise would be significantly reduced. Commissioner O'Malley asked for an explanation on the need for the noise analysis. Mr. McHarris explained the reasoning for the analysis and suggested if the Commission removed the requirement for a noise analysis they condition the project to have all work done within the building. Mr. McHarris indicated that is was his understanding that the Noise Ordinance always applies and would apply here but that the noise analysis would determine how far the noise would travel from this site. A discussion ensued regarding the condition requiring a noise analysis, the issue of signage and the removal of Condition No. 19. Chairman Bentz reopened the Public Comment period to permit further discussion with the applicant's representative regarding rear access to the project. Michael Sherer and the applicant, Greg Robinson, responded to Commission questions regarding rear access. Mr. Robinson stated that in their other locations alley access has proven detrimental to the operation creating problems with theft and safety. An extensive inventory will be kept in the back of the building and the rear doors are left open during business hours. The applicant stated his support for providing front access, but reiterated that he was not in favor of creating a reciprocal access in the rear. Chairman Bentz closed the Public Commentperiod, Chairman Bentz requested separate votes on the issues raised by the applicant. MOTION: By Commissioner O'Malley and seconded by Commissioner Eddings to approve Condition of Approval No. 18 as stated. AYES: Commissioners O'Malley, Eddings, Porter, Jones, Kelley and Chairman Bentz NOES: Vice Chairman Fonzi City of Atascadero Planning Commission Minutes Regular Meeting October 15, 2002 Page 6 of 10 ABSTAIN: None Motion passed 6:1 by a roll -call vote. MOTION: By Commissioner Jones and seconded by Vice Chairman Fonzi to maintain Condition of Approval No. 19 as read and as depicted on the original Master Plan of Development. AYES: Commissioners Jones, Fonzi, and O'Malley NOES: Commissioners Kelley, Eddings, Porter and Chairman Bentz ABSTAIN: None Motion failed 4:3 by a roll -call vote. MOTION: By Chairman Bentz and seconded by Commissioner Kelley to amend Conditions of Approval Nos. 19 and 15.g. to provide reciprocal access in the front only. AYES: Commissioners Kelley, O'Malley, Porter, Eddings and Chairman Bentz NOES: Commissioners Jones and Fonzi ABSTAIN: None Motion passed 5:2 by a roll -call vote. MOTION: By Commissioner Jones and seconded by Commissioner Kelley to amend Mitigation Measure No. l Lc to remove the requirement for a noise analysis and to require all repair work to be done indoors with any noise emitted to be regulated by the Noise Ordinance. AYES: Commissioners Jones, Kelley, Eddings, O'Malley, Porter, Fonzi and Chairman Bentz NOES: None ABSTAIN: None Motion passed 7: 0 by a roll -call vote. MOTION: By Commissioner Eddings and seconded by Commissioner Jones to adopt Planning Commission Resolution No. PC 2002-0055 certifying proposed mitigated negative declaration 2002-0037 and approving Conditional Use Permit 2002-0068 subject to the findings, conditions and exhibits with the prior approved conditions. City of Atascadero Planning Commission Minutes Regular Meeting October 15, 2002 Page 7 of 10 AYES: Commissioners Eddings, Jones, Porter, O'Malley, Kelley, Fonzi and Chairman Bentz NOES: None ABSTAIN: None Motion passed 7: 0 by a roll -call vote. Chairman Bentz recessed the hearing at 8:40 p.m. Chairman Bentz called the meeting back to order at 8:50 p.m. 5. TENTATIVE PARCEL MAP 2002-0029; 3650 TRAFFIC WAY Applicant: Henry J. Skibo, 3650 Traffic Way, Atascadero, CA 93422 Project Title: Tentative Parcel Map 2002-0029 Project Location: 3650 Traffic Way, Atascadero, San Luis Obispo County Project A proposed subdivision of an existing 2.01 acre lot into two parcels of 1.00 acres and Description: 1.01 acres each. Proposed PROPOSED MITIGATED NEGATIVE DECLARATION 2002-0036: Environmental The proposed Mitigated Negative Declaration is available for public review at 6500 Determination Palma Avenue, Community Development Department, Room 104, from 8:00 a.m. to 5:00 .m., Monday through Friday. Staff Adoption of Planning Commission Resolution 2002-0054, certifying the proposed Recommendation Mitigated Negative Declaration 2002-0036 and approving Tentative Parcel Map 2002- 0029, a request to subdivide one lots totaling 2.01 acres into two parcels; 1.00 acres, 1.01 acres each, based on findings and subject to conditions. Associate Planner Glenn Rider provided the staff report and answered questions of the Commission. PUBLIC COMMENT Henry Skibo, 3650 Traffic Way, applicant, briefly reviewed the project and indicated that this property is now zoned for 1 acre under the new General Plan. Chairman Bentz closed the Public Commentperiod. MOTION: By Commissioner Kelley and seconded by Commissioner Jones to adopt Planning Commission Resolution 2002-0054, certifying the proposed Mitigated Negative Declaration 2002-0036 and approving Tentative Parcel Map 2002-0029, a request to subdivide one lot totaling 2.01 acres into two parcels; 1.00 acres, 1.01 acres each, based on findings and subject to conditions. City of Atascadero Planning Commission Minutes Regular Meeting October 15, 2002 Page 8 of 10 AYES: Commissioners Kelley, Jones, Porter, O'Malley, Eddings, Fonzi and Chairman Bentz NOES: None ABSTAIN: None Motion passed 7: 0 by a roll -call vote. 6. CONDITIONAL USE PERMIT 2002-0071; ATASCADERO CALVARY CHAPEL, MODULAR CLASSROOM ADDITION; 6955 PORTOLA Applicant: Atascadero Calvary Chapel, 6955 Portola, Atascadero, CA 93422 Project Title: Conditional Use Permit 2002-0071 Project Location: 6955 Portola, Atascadero, San Luis Obispo County, APN 054-083-004 Project Amendment to Conditional Use Permit #82-0331 to change the Master Site Plan Description: allowing the addition of one 1440± square -foot modular building. Proposed Categorical Exemption Class 3.c. CEQA section 15303; New construction or Environmental conversion of small structures. The project is available for public review at 6500 Determination Palma Avenue, Community Development Department, Room 104, from 8:00 a.m. to 5:00 p.m., Monday through Friday. Staff Adoption of Planning Commission Resolution 2002-0061 approving Conditional Use Recommendation Permit 2002-0071, a request to amend the Master Site Plan to allow the addition of one 1440± square foot modular building on the site subject to findings and conditions. Commissioner O'Malley stepped down from consideration of this item as he lives within 500 feet of the project site. Planning Services Manager Steve McHarris provided the staff report and answered questions of the Commission. PUBLIC COMMENT Ditas Esperanza, engineer and applicant's representative, stated that she concurred with the conditions of approval. Curtis Clark, 6906 Portola, indicated that he has lived for 12 years as the closest neighbor to the Chapel. During that period the property in question has had several tenants, but he feels Calvary Chapel has done the most to improve the property and benefit the neighborhood and he supports their request. Tom O'Malley, 6650 Portola Road, stated he agreed with Mr. Clark and that the neighborhood has been improved and is visually better since Calvary Chapel has been a tenant there. Mr. O'Malley referred to a letter written to the Commission by the Carp family and indicated that he has spoken to the Carps and assured them that the school will not be in use on an ongoing basis. City of Atascadero Planning Commission Minutes Regular Meeting October 15, 2002 Page 9 of 10 Scott Thompson, 5455 Bajada, expressed his support for this project and felt that the activities provided by the Chapel help young people in the area. Chairman Bentz closed the Public Commentperiod. MOTION: By Commissioner Jones and seconded by Commissioner Kelley to adopt Planning Commission Resolution 2002-0061 approving Conditional Use Permit 2002- 0071, a request to amend the Master Site Plan to allow the addition of one 1440± square foot modular building on the site subject to findings and conditions. AYES: Commissioner Jones, Kelley, Porter, Eddings, Fonzi and Chairman Bentz NOES: None ABSTAIN: None Motion passed 6:0 by a roll -call vote. COMMUNITY DEVELOPMENT STAFF REPORTS None COMMISSIONER COMMENTS & REPORTS Commissioner Eddings asked about the new state law affecting guesthouses. Director Frace referred to AB 1866 and indicated that this will preempt the city from requiring Conditional Use Permits on second units where allowed; they will be permitted with a building permit by right. This bill will not affect guesthouses. Vice Chairman Fonzi referred to the downtown zoning text change amendment. She requested a copy of the original request for zoning and any Main Street resolutions regarding the requested change as well as the pros and cons of addressing it as a conditional use permit before the Planning Commission or having it go to an appearance review before the Main Street Committee. Director Frace referred to Attachment 2, page 21 and indicated this was the text originally recommended by Main Street to the Redevelopment Board; the Redevelopment Agency then sponsored this application to go through the zone change process. The hearing tonight was intended to utilize the Commission as a sounding board for the various ideas and then to recommend an option to the City Council. Commissioner O'Malley stated that he had met with the Main Street Board earlier in the day and they had requested the continuance because they needed more time to review the proposed change with their committees. City of Atascadero Planning Commission Minutes Regular Meeting October 15, 2002 Page 10 of 10 ADJOURNMENT Chairman Bentz adjourned the meeting at 9:20 p.m. to the next regularly scheduled meeting on November 5, 2002. MEETING RECORDED AND MINUTES PREPARED BY: Grace Pucci, Recording Secretary ITEM NUMBER: 2 DATE: 11-5-02 Planning Commission Staff Report Public Hearing Zone Change 2001-0029 / Conditional Use Permit 2001-0067 Vesting Tentative Tract Map 2001-0014 (Tract 2454), 2000 Ferrocarril Road (Kelly Gearhart / Wilson Land Surveys) SUBJECT: The proposed project consists of Planned Development Zone Change to PD -16 with a Master Plan of Development to allow a 16 lot single family residential subdivision with an average minimum lot size of 2.5 acres. One of the lots will be a 5.76 -acre open space lot with an equestrian/pedestrian trail and parking area. The project will permit the construction of 13 additional single family dwellings. The site has rolling topography and large flat areas with numerous oak trees and native vegetation. The site is located between the Salinas River and the Union Pacific Railroad. Access will be provided from a street extension off of El Camino Real that will require construction of a grade separated railroad crossing. No water or sewer services are available to the site currently. The site will be served by individual septic systems and will apply for annexation to the Atascadero Mutual Water Company's service area. The project is consistent with the General Plan Land Use designation and requires a Planned Development Overlay for zoning consistency. PLANNING COMMISSION REHEARING: This item was originally heard and recommend for approval by the Planning Commission on September 17, 2002. Prior to final City Council approval a noticing discrepancy was discovered for the project. Consequently, most of the property owners on Ferrocarril Road were not properly notified of the project hearing. The project is being reheard by the Planning Commission to allow the resident's of Ferrocarril Road a fair hearing process. One of the primary issues involved with the project is the possible extension of Ferrocarril Road as a through street. The project is designed with two access options. Alternative 1 would create a through street connection from Ferrocarril Road to El Camino Real. Alternative 2 proposes an emergency access connection from Ferrocarril to El Camino instead. Originally, the Planning Commission recommended Alternative 1. The primary concern of the Ferrocarril residents appears to be the access issue. At a City Council meeting the residents expressed a strong desire ITEM NUMBER: 2 DATE: 11-5-02 for Alternative 2. The Planning Commission may change its recommendation on this issue based on the public hearing testimony. RECOMMENDATION: Staff Recommends the Planning Commission.- 1. ommission: 1. Adopt Resolution No. PC 2002-0064, recommending that the City Council certify the proposed Mitigation Negative Declaration 2002-0030; and, 2. Adopt Resolution No. PC 2002-0065, recommending that the City Council introduce an ordinance for first reading to approve Zone Change 2002-0029; and, 3. Adopt Resolution No. PC 2002-0066 recommending that the City Council approve Conditional Use Permit 2002-0067 for the Master Plan of Development subject to findings and conditions of approval; and, 4. Adopt Resolution No. PC 2002-0067 recommending that the City Council approve Vesting Tentative Tract Map 2002-0014, subject to findings and conditions of approval. SITUATION AND FACTS: 1. Applicant: Kelly Gearhart, 6205 Alcantara Avenue, Atascadero, CA 93422 Phone: 805/674-3711 2. Property Owner: Kelly Gearhart 3. Representative: Ken Wilson, Wilson Land Survey, 7400 Morro Road, Atascadero, CA 93422 4. Project Address: 2000 Ferrocarril, Atascadero, CA 93422 APN 049-023-030, 049-291-016, 049-291-005 5. General Plan Designation: SE (Suburban Estates) Vested: PUB (Public) and SSF (Single Family Suburban) 6. Zoning District: RS (Residential Suburban) Vested: P (Public) and RS (Residential Suburban) 7. Site Area: 31+/- acres (gross) 8. Existing Use: Mostly vacant with one house at the end of Ferrocarril. ITEM NUMBER: 2 DATE: 11-5-02 9. Environmental Status: Proposed Mitigated Negative Declaration posted July 26, 2002 Site description: The site is a relatively flat area located between the Union Pacific Railroad and the Salinas River at the north end of Ferrocarril Road. There are 331 native oak trees on the site and numerous open areas with grasses and brush. The site is above the 100 -year flood plain and was mined around the turn of the century for aggregate material. The character of the area is defined by large open areas along the river and large lot rural residential uses. DISCUSSION OF PLANNING ISSUES: General Plan / Zoning Consistency The project application was received by the City on March 8, 2002 while the General Plan Update was still in process. The application included a Vesting Tract Map. Vesting maps are protected from changes to the General Plan and Zoning once they are deemed complete. Therefore, although the General Plan designation on a portion of the site has changed from PUB (Public) to SE (Suburban Estates) the map will be subject to the previous General Plan rules. Since both the old and new General Plan designations allow for single family residential development on 2.5 acre minimum lots the project would be permitted under either designation and staff s analysis and recommendation would be the same. ITEM NUMBER: 2 DATE: 11-5-02 Cluster Development / PD 16 Last year the Planning Commission and City Council approved a new cluster residential planned development overlay zone known as PD -16. The purpose of PD -16 is to allow for the clustering of smaller lots on portions of the site that are appropriate for development while avoiding constrained portions of the site. The proposed project includes a request for a PD -16 overlay to allow for the clustering of lots. The project parcel is an old railroad right of way that included a long narrow portion that runs parallel to the railroad tracks. Since this parcel has been designated as residential, the owner could apply for a subdivision map that would create up to three residential parcels along this narrow flag. Instead of developing the flag portion, the project proposes to provide the flag as a 5.77 -acre open space parcel that will include pedestrian and equestrian access trail connection to the Salinas River. By utilizing the PD -16 overlay the residential density of the flag portion can be transferred in the form of smaller lots to another portion of the site. Overall, the project density will remain at 1 unit per 2.50 acres but some of the lots will range down to 1.0 acres in area in exchange for the 5.77 -acre open space parcel. The PD -16 overlay requires the approval of a Master Plan of Development (MPD) in the form of a Conditional Use Permit. The MPD regulates the location and appearance of future houses within the project. The text of PD -16 is included below: Open Space Lot Clustered Lots ITEM NUMBER: 2 DATE: 11-5-02 Planned Development 16 zoning text: (a) Purpose. The purpose of the district is to allow the creative clustering of residential parcels to preserve sensitive environmental features and provide open space by allowing lot sizes smaller than the underlying zone's minimum lot size requirements in the RS, RSF, LSF Zoning Districts. (b) Development Standards: (1) The maximum density shall not exceed that allowed by the underlying zoning district and General Plan designation. Individual lot sizes may be smaller provided the overall project density conforms to the specified maximum density. (i) Minimum individual lot sizes shall be at least one acre (gross) for parcels served by on-site septic systems and 0.5 acre (net) for lots served by the City's sewer system. (2) Lots shall utilize common access when feasible. (3) Open space easements shall be provided for each project. All open space easements shall be designated as non -build, non -storage areas on the Final Parcel / Tract Maps. (Septic systems are allowed to be located within the open space easements. (4) All building sites within the Planned Development shall be located on slopes under 20 percent. (5) Development on each parcel shall be designed to avoid native tree impacts, preserve the contours of the hills, protect prominent view sheds, maintain wildlife corridors and minimize impacts to significant drainage areas and blue -line creeks. (6) A Master Plan of Development shall be approved in conjunction with any Tentative Tract / Parcel Map application. All subdivision improvements and subsequent development shall be consistent with the Master Plan of Development. The Master Plan of Development shall contain thefollowing: (i) A site plan indicating land use, common open space, circulation, lot sizes, slopes, native trees, building sites and common landscape features; (ii) A statistical summary of the project's land uses and densities; (iii) A statement of project features that will provide a public benefit; (iv) Any special development standards that will be required of future development; (v) Individual building plans and elevations are not required. ITEM NUMBER: 2 DATE: 11-5-02 Typical Elevation l / PE4800Y & PLUM REALrORS,INC AU5GAOERO, GA L/V/NG ENTTR) ... ROOM E HM NEL°PM 3 GAR GARAGE _ , PLAN 2206 - GL ITEM NUMBER: 2 DATE: 11-5-02 Access The project is located at the end of Ferrocarril Road which is an existing cul-de-sac in excess of 3000 feet in length. Due to its length and number of existing dwellings, Ferrocarril Road is not in conformance with City street standards. Consequently, the project could not extend Ferrocarril or add addition units without providing a secondary access point. The project proposes to provide this secondary access point from El Camino Real to the north at Home Depot. The Home Depot project includes a roadway bridge over the Union Pacific Railroad that would provide access just north of the proposed project. The map and improvement plans require the installation of the bridge and the extension of Ferrocarril Road north to connect with El Camino Real The project is designed with two access options. Alternative 1 would create a through street connection from Ferrocarril Road to El Camino Real. Alternative 2 proposes an emergency access connection from Ferrocarril to El Camino. Alternative 1 is the preferred alternative by the City Fire Department because it provides two access points across the railroad for existing development along the River. Currently the Lakes project and Ferrocarril are accessible only at the Chico Road at grade railroad crossing. In order to provide the road connection to El Camino Real, the project will need to acquire an easement from the Atascadero Mutual Water Company (AMWQ. The AMWC has provided project conditions for acquisition of the easement. These conditions have been included on the map. Roads & Maintenance Consistent with City policy, the project is conditioned that all road be privately owned and maintained with public access easements provided. The project will be required to establish maintenance districts for both the streets and the railroad bridge. 1.0. Railroad Crossing Bridge Location of AMWC Easement ITEM NUMBER: 2 DATE: 11-5-02 Access Road to EI Camino Real A� 0 M DN CO D rn 0� prn CO 00 Drn r� rn �0 Z Drn I 25 s� 0 M DN CO D rn 0� prn CO 00 Drn r� rn �0 Z Drn I 25 ITEM NUMBER: 2 DATE: 11-5-02 Water Service & AMWC Annexation The project parcel was originally railroad right-of-way that predated the creation of the Atascadero Colony. When the Atascadero Colony was mapped and the Atascadero Mutual Water Company (AMWC) was created, railroad parcels were not included the water service area and were not issued water shares. Due to a number of legal issues related to the AMWC's water rights, the AMWC cannot provide water service outside of it boundaries. As a result, the project parcel cannot be served by the AMWC at this date. In order to receive water service, the parcel must be annexed to the AMWC district, which requires an engineering analysis, and State approval of an issuance of water shares. The applicant, City and AMWC are all in agreement that annexation is the best option for providing domestic water and fire suppression water. The project has been conditioned to require the applicant to go through the annexation process. If for some unseen reason the State denies the annexation the project could be developed with individual wells and fire storage tanks. Trails The project includes a system of pedestrian and equestrian trails that will provide access to the Salinas River and De Anza Trail. One trail segment includes a staging area at Chico Road and then runs along the flag lot parallel to the railroad. A second trail segment is conditioned along the east side of the road the runs through the project. This trail segment will provide a connection from the current end of Ferrocarril Road to Graves Creek. Native Trees There are 331 native live and white oak trees located within the project area. An arborist report has been prepared for the project by Arbor Tree Surgery and is included in the conditions of approval. The arborist report determined that 15 trees would be impacted by development of the subdivision improvements, primarily the road. Of those trees only one 14 -inch live oak tree needs to be removed. The arborist report recommends mitigation measures for the preservation of the other trees. Environmental Issues An expanded initial study has been prepared for the project to assess potential environmental issues related to the site. The applicant has prepared technical studies assessing archaeology, biology, kit fox habitat, noise, soils and native trees. Due to the historic mining that occurred on the site, no cultural resources were found. The initial study is included as an attachment to resolutions of approval. The studies found that all of these potential issues could be mitigated to a level of less than significant. The mitigation measures have been included as conditions of project approval. ITEM NUMBER: 2 DATE: 11-5-02 CONCLUSIONS: • The subdivision is consistent with the Subdivision Ordinance; and • The project density is in conformance with both the current and previous General Plan; and • The project meets the Planned Development 16 standards contained in the City's Zoning Ordinance. 1. The Commission may recommend the City Council approve the project subject to additional or revised project conditions. The Commission's motion to approve needs to include any new or revised project conditions. 2. The Commission may recommend denial of the project. 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: Warren Frace, Community Development Director ATTACHMENTS: Attachment 1 -- Location Map (General Plan & Zoning) Attachment 2 -- Draft Resolution PC 2002-0064 Attachment 3 -- Draft Resolution PC 2002-0065 Attachment 4 -- Draft Resolution PC 2002-0066 Attachment 5 -- Draft Resolution PC 2002-0067 ATTACHMENT 1: Location Map (General Plan / Zoning) Vested General Pla Current General Plai ITEM NUMBER DATE: 11-5-02 ATTACHMENT 2: Draft Planning Commission Resolution 2002-0064 DRAFT RESOLUTION NO. PC 2002-0064 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO RECOMMENDING THAT THE CITY COUNCIL CERTIFY NEGATIVE DECLARATION 2002-0030 PREPARED FOR ZONE CHANGE 2001-0029, CONDITIONAL USE PERMIT 2001-0067, AND VESTING TENTATIVE TRACT MAP 2001-0014 (2000 Ferrocarril / Gearhart) WHEREAS, an application has been received from Kelly Gearhart, 6205 Alcantara Avenue, Atascadero, CA 93422, (Applicant & Owner), to consider a project consisting of a Planned Development overlay zone change to PD -16 with the adoption of a Master Plan of Development, and an sixteen -lot cluster residential tract map, on a 31+/- acre lot located at 2000 Ferrocarril Road (APN 049-023-030, 049-291-016, 049-291-005); and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2002-0030 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission of the City of Atascadero held a public hearing following the close of the review period for the Initial Study and Draft Negative Declaration to consider its adequacy; and, NOW, THEREFORE, the Planning Commission of the City of Atascadero, at a public hearing held on Tuesday, November 5, 2002, hereby resolves to recommend that the City Council certify Mitigated Negative Declaration 2002-0030 based on the following Findings as shown on Exhibit A: 1. The Negative Declaration has been completed in compliance with CEQA; and, 2. The Mitigated Negative Declaration was presented to the Planning Commission, and the information contained therein was considered by the Planning Commission, prior to recommending action on the project for which it was prepared; and, 3. The project does not have the potential to create a significant environmental impact; and, Planning Commission Resolution 2002-0064 November 5, 2002 Page 2 of 11 4. The Draft Mitigated Negative Declaration will be forwarded to the City Council, and the information therein contained will be considered by the City Council, prior to taking final action on the project. BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: (X) NOES: (x) ABSENT: (X) ABSTAIN: (X) ADOPTED: CITY OF ATASCADERO, CA David Bentz, Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary Planning Commission Resolution 2002-0064 November 5, 2002 Page 3 of 11 Exhibit A: Proposed Negative Declaration 2002-0009 Planning Commission Resolution 2002-0064 November 5, 2002 Page 4 of 11 Exhibit B: APCD Letter AIR POLLUTION CONTROL DISTRICT RECEIVED 10 COUNTY OF SAN LUIS OBISPO AUG'2 1 2002 COMMUNITY DEVELOPMENT August 19, 2002 Warren Frace City of Atascadero Community Development Department 6500 Palma Avenue Atascadero, CA 93422 SUBJECT: Negative Declaration Comments for the Gearhart Ferrocarril Road Residential Suburban Subdivision Project, 2000 Ferrocarril Road, Atascadero Mr. Frace, Thank you for including the San Luis Obispo Air Pollution Control District (District) in the development plan review process. We have completed our review of the project referral for the Planned Development Zone Change with a Master Plan of Development to allow a 16 lot single family residential suburban subdivision on an approximately 38.5 acre site with approximately 6 acres of open space and 13 dwellings having 2.5 acre minimum lot sizes. GENERAL The first Land Use Planning Strategy in the District's Clean Air Plan (CAP) is "Planning Compact Communities". Maintaining compact city and village areas reduces reliance on the automobile by enhancing the viability of public transit and maximizing the potential for walking and bicycling to work, shopping, and other destinations. A more compact community results in fewer vehicle trips and fewer vehicle miles traveled. Therefore, vehicle emissions are reduced by compact community development. While the proposed project is within the Urban Reserve Line, it is located near the urban fringe. The District recommends prioritizing higher density development in the urban core prior to increased low- density development at the urban fringe. Should the project be approved however, we have the following comments regarding the proposal. SPECIFIC COMMENTS Commendations District staff evaluated the potential operational project impacts by running the URBEMIS 2001 computer model, a tool for estimating vehicle travel, fuel use and the resulting emissions related to this land use project. The results of the model demonstrated that operational impacts will likely be close to the CEQA mitigation threshold value of 10 lbs of emissions per day. In an effort to mitigate the incremental contributions to air quality impacts that result from the operational phase of this project, a multi -use Class 1 bicycle, pedestrian, and equestrian trail encompassing approximately 6 acres will be built. This measure will not only tend to reduce vehicle emissions by offering a local attraction to the residence, but it will likely also help to build community interaction, This measure is to be commended as being consistent with suggested transportation control measures in the CAP. 3433 Roberto Court • San Luis Obispo, CA 93401 • 80S-781-5912 • FAX: 805-781-1002 info@slocleanair.org :• www.slocleanairorg * printed on recycled paper Planning Commission Resolution 2002-0064 November 5, 2002 Page 5 of 11 Gearhart Ferrocarril Road Residential Suburban Subdivision Project August 19, 2002 Page 2 of 3 Construction Phase Miti¢ation The construction phase mitigation measures listed as Attachment 1 to the Negative Declaration should minimize the potential for nuisance dust issues with the following minor modifications: 1. Add the following sentences at the end of Item A: Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (nonpotable) water should be used whenever possible. 2. In Item G, add the word "approved" after the word "methods" All dirt stock -pile areas should be sprayed daily as needed. These additions are to maintain consistency with the dust control measures identified in the District CEQA Air Quality Handbook dated August 1997. Full implementation of these dust control measures during the project construction phase will minimize the air quality impacts and reduce the potential for nuisance concerns to nearby properties. Further, specifying that all grading and demolition plans include the fugitive dust control measures is a good means of ensuring adherence to the dust control measures. The District also recommends inclusion of the following energy efficiency mitigation methods in order to reduce the demand on electrical supply and reduce emissions at the power plant source. • Increase attic and wall insulation beyond Title 24 requirements • Use built-in energy efficient appliances • Use double paned windows • Use energy efficient interior lighting Trip reduction benefits can be realized by ensuring that the new homes are built with flexibility in the internal wiring/cabling to allow telecommuting, teleconferencing, and teleleaming to occur simultaneously at several locations throughout the homes. CAUTIONS . ,�riet Itas;.the following concerns to bring to your attention about this development project: 1. Asbestos: It was not clear from the project referral information if there are currently structures on the property. there are, demolition of these structures has potential negative air quality impacts, including issues surrounding proper demolition and disposal of asbestos containing material (ACM). If there are any demolition of structures, this project would be subject to the requirements stipulated in the National Emission Standard for Hazardous Air Pollutants (NESHAP). These include, but are not limited to: 1) notification requirements to the District, 2) asbestos survey conducted by a Certified Asbestos Inspector, and 3) applicable removal and disposal requirements of identified ACM. Please contact Tim Fuhs of the APCD Enforcement Division at (805) 781-5912 for further information. 2. Naturally Occurring Asbestos: Asbestos has been identified by the state Air Resources Board as a toxic air contaminant. Serpentine is Planning Commission Resolution 2002-0064 November 5, 2002 Page 6 of 11 Gearhart Ferrocarril Road Residential Suburban Subdivision Project August 19, 2002 Page 3 of 3 a very common rock type in the state and was identified by the Board as having the potential to contain naturally occurring asbestos. Under the recent State Air Resources Board Air Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface Mining Operations, prior to any grading activities at the site, a geologic analysis will be necessary to determine if serpentine rock is present. If naturally occurring asbestos is found at the site an Asbestos Health and Safety Program and an Asbestos Dust Control Plan is required to be approved by the District before construction begins. If you have any questions regarding these requirements, contact Karen Brooks of the APCD Enforcement Division at (805) 781-5912. 3. v I . mal within San Luis Obispo County. Under certain circumstances where no technically feasible alternatives are available, limited developmental burning under restrictions may be allowed. This requires prior application, payment of fee based on the size of the project, District approval, and issuance of a burn permit by the District and the local fire department authority. The applicant is required to famish the District with the study of technical feasibility (which includes costs and other constraints) at the time of application. If you have any questions regarding these requirements, contact Karen Brooks of our Enforcement staff at (805) 781-5912. Toxic Diesel Exhaust: Building the homes and open -space use area near the Union Pacific Railroad tracks could potentially result in exposures to toxic diesel emissions from the train engines, particularly if engines were to idle in that location. Since this area is likely single tracked, trains will not likely remain in the area for extended periods of time and therefore the risk and potential for nuisance odor complaints should be low. The District thanks you for the opportunity to review this project and if you have any questions or comments, please feel free to contact me at 781-5912, Sincerely, Andy Mutziger Air Quality Specialist cc: David Dixon, APCD Engineering Division Tim Fuhs, APCD Enforcement Division Karen Brooks, APCD Enforcement Division AJM/1mg H AOISTLAMRESPONSM2538.doc Planning Commission Resolution 2002-0064 November 5, 2002 Page 7 of 11 Exhibit C: Atascadero Mutual Water Company Letter • P.0. BOX 6075 • ATASCADERO, CA 93423 (805) 466.2426 Atria dero Mutual Water Company _v September 11, 2002 x V Mr. Warren Frace SEP 1 .1 City of Atascadero �orns�> Community Avenue Department 6500 Palma �'.o v Atascadero, CA 93422 Subject: 2000 Ferrocarril Road/ De Anza Estates TTM 2002-0014 Dear Warren: At their September 4, 2002 meeting, the AMWC Board of Directors provided us with additional direction regarding the subject project The Board felt annexation into the AMWC service area would be the most appropriate means of supplying water to the proposed subdivision for both fire suppression and domestic uses. Therefore, the Board recommends that the City require the developer to annex the property into the AMWC service area. Furthermore, the Board recommended that other areas within the City not currently within the AMWC service area be included in the annexation. Apropos to your August 29, 2002 letter, we are providing you with the following conditions of approval intended to mitigate the environmental impacts of the project. Note that Condition Nos. 2 and 3.c exclude both septic tanks and wells within 150 -feet of the northerly tract boundary. It is does not appear practical to install 50 -foot sanitary seals on the private wells due to the relative shallowness of the aquifer. The 150 -foot setback reduces the potential for contamination of the community wells to a level of insignificance. 1. Prior to recording the final map, the applicant shall make every effort to annex the property into the AMWC service area. The annexation is required to provide the subdivision with an adequate, safe and reliable source of water for domestic and fire suppression uses. If annexation into the AMWC service area fails for reasons beyond the control of the applicant, the applicant shall perform well tests on each lot to the satisfaction of the City Engineer. The final map shall not record until the well tests reveal there is an adequate, safe, reliable and long-term water supply available for each lot. 2. The applicant shall provide a 150 -foot wide exclusionary easement contiguous to the northerly tract boundary that expressly prohibits construction of septic systems or wells. The applicant shall provide the easement by separate instrument, shall show the easement on the final map, and shall address the restrictions in the CC&R's for the project Planning Commission Resolution 2002-0064 November 5, 2002 Page 8 of 11 Warren Frace 09/11/02 De .4nza Estates Page 2 of 3 3. The applicant shall record instruments separate from and concurrent with the final map that discloses the following to all property owners within the subdivision. AMWC shall review and approve the form and content of the instruments relative to these conditions of approval before they record. A. AMWC operates community water wells on the parcel adjacent to the subdivision (the "River Parcel") and that operation said community wells will have influence over and interfere with the private wells constructed on the lots within the subdivision. B. Development and operation of community wells and other water -related facilities on the River Parcel will be of an industrial nature. Impacts to the subdivision will result from operations on the River Parcel that produce intermittent and continuous noise and dust. Other activities will include the drilling of wells, excavation of recovery ponds, construction of pipelines, hauling, handling and storage of hazardous materials, and construction of well and treatment buildings. C. The existence of an easement that prohibits construction of septic systems or wells within 150 -feet of the northerly tract boundary. D. The possible future uses of the River Parcel that could include residential subdivisions, public parks or other uses. from the pflvate wells n the ter E s bdiv srons on or transfer of on the aterabetween properties withinthe rsubdivision, 3. All proposed trail access points on to AMWC property, the Salinas River or the De Anza trail shall include appropriate signage and vehicular barriers to prevent property damage, damage to the riparian environment, vandalism, uses inconsistent with AMWC policies, or other inappropriate or illegal uses. All access points shall be adequately maintained by the City or an entity established to maintain the trail system. Access to AMWC property where the proposed roadway is contiguous to the northerly tract boundary shall be controlled in a manner consistent with other access points to AMWC property. In addition to the conditions of approval listed above that are required to mitigate the environmental impacts of the project, the following conditions of approval related to the tentative tract map should be incorporated into the project: 1. The applicant shall provide a 30 -foot wide access and water main easement across Parcel 1 of Parcel Map AT 01-060 recorded in 56 -PM -37 in the office of the County Recorder (APN 49-291-005). The easement shall parallel, more or less, the easterly boundary of Parcel 1. The easement shall be bounded on the south by the existing 60 - foot wide access and water main easement across Parcel 1 and Parcel 2 of said parcel map and shall be bounded on the north by the northwesterly boundary of Parcels 1 and 2. The easement shall connect the existing dirt roadway on the River Parcel (APN 49- 011-001) to the existing access and water main easement across Parcel 1 and Parcel 2 that benefits AMWC. Planning Commission Resolution 2002-0064 November 5, 2002 Page 9 of 11 Warren Frace 09111/02 De Anza Estates Page 3of3 2. The applicant shall retain the existing 50 -foot wide access and water main easement that benefits AMWC across Parcel 1 and Parcel 2 of Parcel Map AT 01-060. Said map is recorded in 56 -PM -37 in the office of the County Recorder (APN's 49-291-005.024). Recording of the final map shall not eliminate or otherwise alter the existing 50 -foot wide access and water main easement across Parcel 1 and Parcel 2 that benefits AMWC. 3. The applicant shall provide a 50 -foot wide access and water main easement to AMWC across the proposed subdivision. The easement shall follow the roadway alignment shown on tentative map. 4. The applicant shall provide 10 -foot wide water line easements to AMWC. The easements shall be parallel to the side lot lines of Lot Nos. 1 through 5 and be bounded on the south by the proposed road right-of-way shown on the tentative map and on the north by the northerly tract boundary. The easements shall be in a form approved by AMWC. 5. The applicant shall provide an access and water main easement across the property to north of the River Parcel (commonly referred to as the Rochelle Property) to AMWC. The easement shall include any bridge, at -grade crossing, underpass or other means used to cross the Union Pacific Railroad right-of-way to gain access to the property east of the tracks. 6. All access rights granted by the applicant to AMWC relative to these conditions of approval shall be equal or superior to the rights granted the property owners within the subdivision. The easements shall benefit AMWC and all future property owners of the River Parcel or subdivisions thereof. The applicant shall not place restrictions on the access rights granted by the easements required by these conditions of approval such as, but not limited to, prohibitions against hauling hazardous materials or large equipment or hours of use. Respectfully yours (� ohn B. Neil Director of Operations Planning Commission Resolution 2002-0064 November 5, 2002 Page 10 of 11 Exhibit D: Upper Salinas - Las Tablas Resource Conservation District Letter 'l- 21 INT"O _ �_ August 20, 2002 Vpper Safinas-Las Ta6fas !Resource Conservation District 65 Main Street, Suite 108, Tempfe ton, CA 93465/(805) 434-0396 ext 4/fax434-0284 RECEIVED AUG `2 2 2002 Zrosion Control c4ssistanee progrorn COMMUNITY DEVELOPMENT G%_C7� Warren Frace " Community Development Department City of Atascadero 6500 Palma Avenue Atascadero, CA 93422 RE: Review of Zone Change/CUP, Applicant: Kelly Gearhart ZCH 2002-0029/CUP 2002-0067 Site Location, 2000 Ferrocarril Rd (east of Union Pacific RR) Dear Warren, Thank you for referring the above Zone Change and Conditional Use Permit proposal to our agency. The project is located adjacent to the Salinas River and has numerous mature trees and a wide drainage swale through the center of the site. The Swale is located just above 100 -year flood level. The swale is approximately 25 feet below the terrace elevation. It carries the drainage from a large area of Atascadero west of Traffic Way. We are working in a cooperative program with the City, State Fish and Game, Regional Water Quality Control Board, State Water Resources Control Board, NRCS, the Monterey Bay National Marine Sanctuaryand others to determine measures to reduce erosion,'limit sedimentation, address flooding and improve habitat along the Salinas River. The Salinas River is a corridor for migrating steelhead that travel to the few remaining steelhead habitats in our region upstream of Atascadero. Projects near the River should incorporate measures that will enhance the habitat conditions in the River. The property contains many cottonwoods, sycamores and oaks. The removal of these trees should be considered to be significant. The design of the subdivision (contained in the Initial Study) does not address cluster measures that could protect most of these trees. The preliminary subdivision design most notably lacks any grading plans. The amount of grading to traverse the deep drainage swale will be considerable. The roadway slopes are not indicated. At 2 to 1 slope, the grading will result in the removal of many more trees than indicated in the Initial Planning Commission Resolution 2002-0064 November 5, 2002 Page 11 of 11 ECAP Review Study. The amount of trees to be removed cannot be determined until after the grading design is completed. In addition, the lowland area of the property is a wide swale that floods periodically from the drainage waters from the developed area west of Traffic Way. This swale contains sediments from upland erosion. It is recommended that no development be permitted in the swale and that the swale be designed as a large sediment basin to continue to capture future sediments. This will help to address the high sediment problems in the Salinas River. REVISED SUMMARY OF OUR CONCLUSIONS: 1. 'nom fficient to determine the exact number of trees to oved. Grading plans need to be submitted for the propose roadways and possible future building sites. 2. The site drainage should address the increased runoff to the Salinas River. It is recommended that the drainage Swale be designed as large sediment basin to trap sediments and prevent them from entering the Salinas River. The swale periodically floods during the winter. This swale could be a tremendous resource as a wetland area adjacent to the River. 3. The proposed removal of Sycamores, oaks and cottonwoods should be considered to be a significant environmental affect. The site layout, if redesigned for cluster of homes, could mitigate this significant environmental affect. 4. The project should include a provision for a pedestrian trail along the Salinas River. The River is an amenity that should be better utilized by the City. Again, I hope that our comments are helpful. We would be happy to review the grading, drainage, tree protection and erosion control plans. ATTACHMENT 3: Draft Planning Commission Resolution 2002-0065 DRAFT RESOLUTION NO. PC 2002-0065 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO RECOMMENDING THAT THE CITY COUNCIL APPROVE ZONE CHANGE 2002-0029 THEREBY AMENDING THE ZONING MAP DISTRICT OF APN 049-023-030,049-291-016,049-291-005 TO ADD A PD -16 OVERLAY DISTRICT SUBJECT TO A MASTER PLAN OF DEVELOPMENT. (2000 Ferrocarril / Gearhart) WHEREAS, an application has been received from Kelly Gearhart, 6205 Alcantara Avenue, Atascadero, CA 93422, (Applicant & Owner), to consider a project consisting of a Planned Development overlay zone change to PD -16 with the adoption of a Master Plan of Development, and an sixteen -lot cluster residential tract map, on a 31+/- acre lot located at 2000 Ferrocarril Road (APN 049-023-030, 049-291-016, 049-291-005); and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2002-0030 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the site's vested General Plan Designation is PUB (Public) and SSF (Single Family Suburban); and, WHEREAS, the site's vested zoning district is P (Public) and RS (Residential Suburban); and, WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact this amendment to the Zoning Map to protect the health, safety and welfare of its citizens by applying orderly development of the City and allowing for the creation of common open space areas; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Change application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said zoning amendments; and, Planning Commission Resolution 2002-0065 November 5, 2002 Page 2 of 4 WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing held on November 5, 2002, studied and considered Zone Change 2002-0029, after first studying and considering the Draft Mitigated Negative Declaration prepared for the project, and, NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Findings for Approval of a Zone Change Creating a PD -16 Planned Development Overlay District. The Planning Commission finds as follows: 1. Modification of development standards or processing requirements is warranted to promote orderly and harmonious development. 2. Modification of development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area. 3. Benefits derived from the overlay zone cannot be reasonably achieved through existing development standards or processing requirements. 4. Proposed plans offer certain redeeming features to compensate for the requested modification including the creation of a 5.76 acre common open space parcel with an pedestrian access trail connection to the Salinas River. SECTION 2. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on September 17, 2002 resolved to recommend that the City Council introduce for first reading an ordinance that would rezone the subject site consistent with the following: 1. Exhibit A: Zone Change Map Planning Commission Resolution 2002-0065 November 5, 2002 Page 3 of 4 BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: (X) NOES: (X) ABSENT: (X) ABSTAIN: (X) ADOPTED: CITY OF ATASCADERO, CA David Bentz, Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary Planning Commission Resolution 2002-0065 November 5, 2002 Page 4 of 4 Exhibit A: Zone Change Map ZCH 2002-0029 Existing Zoning: RS / P Proposed Zoning: RS (PD -16-2) 2000 Ferrocarril APN 049-023-030, 049-291-016, 049-291-005 ATTACHMENT 4: Draft Planning Commission Resolution 2002-0066 DRAFT RESOLUTION NO. PC 2002-0066 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO RECOMMENDING THAT THE CITY COUNCIL APPROVE CONDITIONAL USE PERMIT 2002-0067, A MASTER PLAN OF DEVELOPMENT FOR THE PD -16 OVERLAY ZONING DISTRICT ON APN 049-023-030,049-291-016, 049-291-005 (2000 Ferrocarril Avenue / Gearhart) WHEREAS, an application has been received from Kelly Gearhart, 6205 Alcantara Avenue, Atascadero, CA 93422, (Applicant & Owner), to consider a project consisting of a Planned Development overlay zone change to PD -16 with the adoption of a Master Plan of Development, and an sixteen -lot cluster residential tract map, on a 31+/- acre lot located at 2000 Ferrocarril Road (APN 049-023-030, 049-291-016, 049-291-005); and, WHEREAS, the site's vested General Plan Designation is PUB (Public) and SSF (Single Family Suburban); and, WHEREAS, the site's vested zoning district is P (Public) and RS (Residential Suburban); and, WHEREAS, the Planning Commission has recommended that a site be rezoned to a PD -16 overlay district which requires the adoption of a Master Plan of Development; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Change application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Master Plan of Development; and, WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing held on November 5, 2002, studied and considered the Master Plan of Development for Zone Change 2001-0029, after first studying and considering the Draft Mitigated Negative Declaration prepared for the project, and, NOW, THEREFORE, the Planning Commission takes the following actions: Planning Commission Resolution 2002-0066 November 5, 2002 Page 2 of 16 SECTION 1. Findings for Recommendation of Approval of Master Plan of Development. The Planning Commission finds as follows: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual; and, 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) including the PD -16 Ordinance; and, 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. SECTION 2. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on November 5, 2002, resolved to recommend that the City Council approve Conditional use Permit 2002-0067, A Master Plan of Development for Zone Change 2002-0029 subject to the following: 1. EXHIBIT A: CONDITIONS OF APPROVAL 2. EXHIBIT B: SITE PLAN 3. EXHIBIT C: STATISTICAL SUMMARY OF PROJECT 4. EXHIBIT D: ARBORIST REPORT 5. EXHIBIT E: ELEVATIONS / COLOR AND MATERIALS Planning Commission Resolution 2002-0066 November 5, 2002 Page 3 of 16 BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: (X) NOES: (X) ABSENT: (X) ABSTAIN: (X) ADOPTED: CITY OF ATASCADERO, CA David Bentz, Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary Planning Commission Resolution 2002-0066 November 5, 2002 Page 4 of 16 EXHIBIT A: Conditions of Approval CUP 2002-0067: PDA 6-2 Master Plan of Development Conditions of Approval Timing Responsibility Mitigation CUP 2002-0067 /Monitoring Measure PD -16-2 Overlay 2000 Ferrocarril PS: Planning Services BL: Business License BS: Building Services GP: Grading Permit FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary Occupancy WW: Wastewater F0: Final Occupancy CA: City Attorney Planning Services 1. The approval of this use permit shall become final and PS effective following the end of the referendum period for Zone Change 2001-0029. 2. Approval of this Master Plan of Development shall be valid BP PS concurrently with the life of Tentative Tract Map 2002-0014 and then indefinitely following final map. The Master Plan of Development approval shall expire and become null and void unless a final map is recorded consistent with the Master Plan of Development. 3. The Community Development Department shall have the BP/FM PS authority to approve minor changes to the project the (1) increase the intensity of the project by less than 10%, (2) result in a superior site design or appearance, and/or (3) address a construction design issue that is not substantive to the Master Plan of Development. The Planning Commission shall have the final authority to approve any other changes to the Master Plan of Development and any associated Tentative Maps. 4. All subsequent Tentative Tract Maps and construction BP/FM PS permits shall be consistent with the Master Plan of Development contained herein. 5. All exterior elevations of proposed units shall be of equivalent BP PS architectural character and quality with the Master Plan of Development as shown in E. All houses shall have a minimum floor area of 1200 square feet and two covered parking spaces. 6. All site development shall be consistent with the maximum BP/FM PS intensities described in the statistical project summary as shown on Exhibit C.. 7. All site work, grading and site improvements shall be BP/FM PS consistent with the Master Plan of Development as shown in B. Planning Commission Resolution 2002-0066 November 5, 2002 Page 5 of 16 Conditions of Approval Timing Responsibility Mitigation CUP 2002-0067 /Monitoring Measure PD -16-2 Overlay 2000 Ferrocarril PS: Planning services BL: Business License BS: Building Services GP: Grading Permit FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary Occupancy WW: Wastewater F0: Final Occupancy CA: City Attorney 8. Native oaks trees shall be preserved and protected during BP PS construction consistent a Tree Protection Plan prepared for the project. All tree protection shall be in place prior to the issuance of any construction permits consistent with Exhibit D. Mitigation Measures 9. The project shall be conditioned to comply with all applicable IP PS 3.b.1. District regulations pertaining to the control of fugitive dust (PM -10) as contained in section 6.4 of the Air Quality Handbook. All site grading and demolition plans notes shall list the following regulations: A. All material excavated or graded shall be sufficiently watered to prevent excessive amounts of dust. Watering shall occur at least twice daily with complete coverage, preferably in the late morning and after work is finished for the day. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed water should be used whenever possible. B. All clearing, grading, earth moving, or excavation activities shall cease during periods of high winds (i.e. greater than 20 mph averaged over one hour) so as to prevent excessive amounts of dust. C. All material transported off-site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. D. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized so as to prevent excessive amounts of dust. E. Permanent dust control measured identified in the approved project revegetation and landscape plans shall be implemented as soon as possible following completion of any soil disturbing activities. F. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading shall be sown with fast -germinating native grass seed and watered until vegetation becomes established. G. All disturbed areas not subject to revegetation shall be stabilized using approved chemical soil binders, jute netting, or other methods approved 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 Planning Commission Resolution 2002-0066 November 5, 2002 Page 6 of 16 Conditions of Approval Timing Responsibility Mitigation CUP 2002-0067 /Monitoring Measure PD -16-2 Overlay 2000 Ferrocarril PS: Planning services BL: Business License BS: Building Services GP: Grading Permit FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary Occupancy WW: Wastewater F0: Final Occupancy CA: City Attorney as soon as possible following building pad construction. I. On-site vehicle speed shall be limited to 15 mph for any unpaved surface. J. All unpaved areas with vehicle traffic shall be watered at least twice per day, using non -potable water. K. Streets adjacent to the project site shall be swept daily to remove silt which may have accumulated from construction activities so as to prevent excessive amounts of dust from leaving the site. L. Wheel washers may be required when significant offsite import or export of fill is involved. M. All dirt stock -pile areas should be sprayed daily as needed. 10. A multi -use Class I bicycle, pedestrian and equestrian trail IP PS 3.c.1. will be provided from Chico Road to the Salinas River and along the shoulder of the new proposed street. 11. Large canopy shade trees shall be provided along street IP PS 3.c.2. frontages to minimize urban heat build-up. 12. All construction within the drip lines of native trees shall be IP PS 4.e.1. consistent with the mitigation requirements of the 5/13/02 arborist report. 13. A tree fencing protection plan shall be submitted with IP PS 4.e.2. construction plans and installed prior to permit issuance 14. All tree removals shall be mitigated consistent with the IP PS 4.e.3. requirements of the Atascadero Native Tree Ordinance 15. An arborist shall be retained monitor construction, IP PS 4.e.4. mitigations, and overall tree health. 16. A Storm Water Pollution Prevention Plan (SWPPP) will be IP PS 8.c.1. required to be approved by the RWQCB prior to construction. 17. Deed disclosures shall be recorded against all lots FM PS 11.a.1. notifying potential buyers that noise levels on their property will most likely exceed the recommended limits established by the City of Atascadero when trains are present on the tracks. Advise buyers that noise levels during train passbys will be very loud, potentially annoying, and perhaps startling. Planning Commission Resolution 2002-0066 November 5, 2002 Page 7 of 16 Conditions of Approval Timing Responsibility Mitigation CUP 2002-0067 /Monitoring Measure PD -16-2 Overlay 2000 Ferrocarril PS: Planning services BL: Business License BS: Building Services GP: Grading Permit FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary Occupancy WW: Wastewater F0: Final Occupancy CA: City Attorney 18. Locate outdoor living spaces out of direct line -of -sight with IP PS 11.a.2. the railway to the extent possible. 19. Installed landscaped berms around outdoor living areas IP PS 11.a.3. that have direct line -of -sight with the railway. 20. Construct all housing will stucco siding and concrete or tile On Going PS 11.a.4. roofing materials to reduce interior noise. 21. Minimize windows that have direct line of sight with railway. On Going PS 11.a.5. 22. Prior to recording the final map, the applicant shall make FM PS/CE AMWC-1 every effort to annex the property into the AMWC service area. The annexation is required to provide the subdivision with an adequate, safe and reliable source of water for domestic and fire suppression uses. If annexation into the AMWC service area fails for reasons beyond the control of the applicant, the applicant shall perform well tests on each lot to the satisfaction of the City Engineer. The final map shall not record until the well tests reveal there is an adequate, safe, reliable and long-term water supply available for each lot. 23. The applicant shall provide a 145 -foot wide exclusionary FM PS AMWC-2 easement contiguous to the northerly tract boundary that expressly prohibits construction of septic systems or wells, or otherwise approved by the Atascadero Mutual Water Company. The applicant shall provide the easement by separate instrument, shall show the easement on the final map, and shall address the restrictions in the CC&R's for the project. 24. The applicant shall record instruments separate from and FM PS AMWC-3 concurrent with the final map that discloses the following to all property owners within the subdivision. AMWC shall review and approve the form and content of the instruments relative to these conditions of approval before they record. a. AMWC operates community water wells on the parcel adjacent to the subdivision (the "River Parcel") and that operation said community wells will have influence over and interfere with the private wells constructed on the lots within the subdivision. b. Development and operation of community wells and other water -related facilities on the River Parcel will be of an industrial nature. Impacts to the subdivision will result from operations on the River Parcel that produce intermittent and continuous noise and dust. Other activities will include the drilling of wells, excavation of recovery ponds, Planning Commission Resolution 2002-0066 November 5, 2002 Page 8 of 16 Conditions of Approval CUP 2002-0067 PD -16-2 Overlay 2000 Ferrocarril Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy F0: Final Occupancy Responsibility /Monitoring PS: Planning services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure construction of pipelines, hauling, handling and storage of hazardous materials, and construction of well and treatment buildings. c. The existence of an easement that prohibits construction of septic systems or wells within 145 - feet of the northerly tract boundary. d. The possible future uses of the River Parcel that could include residential subdivisions, public parks or other uses. e. Prohibitions on the export of water from the private wells within the subdivision or transfer of water between properties within the subdivision. 25. All proposed trail access points on to AMWC property, the FM PS AMWC-4 Salinas River or the De Anza trail shall include appropriate signage and vehicular barriers to prevent property damage, damage to the riparian environment, vandalism, uses inconsistent with AMWC policies, or other inappropriate or illegal uses. All access points shall be adequately maintained by the City or an entity established to maintain the trail system. Access to AMWC property where the proposed roadway is contiguous to the northerly tract boundary shall be controlled in a manner consistent with other access points to AMWC property. - end of conditions - Planning Commission Resolution 2002-0066 November 5, 2002 Page 9 of 16 EXHIBIT B: Site Plan Sheet 1 CUP 2002-0067: PDA 6-2 Master Plan of Development Planning Commission Resolution 2002-0066 November 5, 2002 Page 10 of 16 EXHIBIT B: Site Plan Sheet 2 CUP 2002-0067: PDA 6-2 Master Plan of Development 1 I 1 1 I I I ,"x �I I 1 li� 1 II I I III II 1 I I I 111 1 1 1 I, Planning Commission Resolution 2002-0066 November 5, 2002 Page 11 of 16 EXHIBIT C Statistical Summary of Project CUP 2002-0067: PDA 6-2 Master Plan of Development Lot Size Lot Use Lot 1 2.50 ac residential Lot 2 2.50 ac residential Lot 3 2.50 ac residential Lot 4 2.50 ac residential Lot 5 2.50 ac residential Lot 6 2.50 ac residential Lot 7 2.52 ac residential Lot 8 2.77 ac residential Lot 9 1.14 ac residential Lot 10 1.14 ac residential Lot 11 1.22 ac residential Lot 12 1.01 ac residential Lot 13 1.00 ac residential Lot 14 2.80 ac residential Lot 15 2.47 ac residential Lot 16 5.77 ac open space Planning Commission Resolution 2002-0066 November 5, 2002 Page 12 of 16 EXHIBIT D: Arborist Report page 1 CUP 2002-0067: PD -16-2 Master Plan of Development .A ARBOR TREE SURGERY 802 PASO ROBLES STREET PASO ROBLES, CALIFORNIA 93446 JUN 5''' 2002 805. 42 Date: 5/13/02 FILE COPY To: Kelly Gearhart From: Steven Alvarez, Arbor Tree Surgery Re: Riverbed Development, Atascadero This report is in regards to the Oak Trees bordering the existing road through the Riverbed Development. After reviewing the site, fifteen Oak Trees will have impacts varying from slight to recommending removal. The trees are labeled on the accompanying map in an East to West direction. A large proportion of the trees require "road clearance" which unless otherwise specified will require a maximum of 5-10% canopy removal for vehicular traffic. The height above road level should be 16 feet. All pruning activities should be supervised by a trained arborist. "Dbh" referred to below is the diameter at breast height. Two trees will require retaining walls that should be constructed according to the following mitigation measures: 1) Trenching operations should be either hand dug or performed by an experienced backhoe operator. 2) All roots encountered larger than one inch in diameter should be cut with sharp tools. 3) The footing should be re -buried as soon as practically possible. Trees 1) 24" Live Oak - Road Clearance 2) 36" Live Oak - Road Clearance 3) 24" Live Oak - Road Clearance 4) 48" Live Oak - Road Clearance 5) 28" Live Oak - Road Clearance 6) 14" Live Oak - Removal is recommended for this tree due to its proximity to the roadway. 7) 60" Live Oak - Road Clearance 8) 72" Live Oak - Road Clearance 9) 40" Live Oak - Road Clearance 10) 11" Live Oak - This tree requires a retaining wall at approximately 8 feet out from the main stem so the soil level can be returned to its original grade. 11) 8" Live Oak - A retaining wall should be constructed to return soil level to its original grade. 12) 28" Live Oak - Road Clearance Planning Commission Resolution 2002-0066 November 5, 2002 Page 13 of 16 EXHIBIT D: Arborist Report page 2 CUP 2002-0067: PD -16-2 Master Plan of Development 13) 50" White Oak - This particular tree has an extremely poor crotch between its two dominant stems. Failure is highly probable. Removal is recommended. 14) 48" White Oak - Road Clearance 15) 42" White Oak - Road Clearance All trees, except the removals, should be protected with construction fencing at the edge of the roadway. Excess fill should not be placed under the drip line of any tree. Drip line areas should not be used as a storage site nor should heavy machinery be operated there. All contractors working in this vicinity should sign off on this arborist report along with the plans identifying the trees. Sincerely, Steven G. Alvarez Certified Arborist #0511 Arbor Tree Surgery m F�7 RM 7ti Planning Commission Resolution 2002-0066 November 5, 2002 Page 15 of 16 EXHIBIT E: ELEVATIONS AND COLOR AND MATERIALS CUP 2002-0067: PDA 6-2 Master Plan of Development PAT/0 1 3 CAR GARAGE i � p p MASTER K/TCHE ° T r BEDRM r— I LIVING ENTRY ROOM BEDRAI r BEDRM 2 3 ='LAN 2206 - OL PEABODY Q PLUM REALTORS,/NC. ArASCADERO. CA ATTACHMENT 5: Draft Planning Commission Resolution 2002-0067 DRAFT RESOLUTION NO. PC 2002-0067 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO RECOMMENDING THAT THE CITY COUNCIL APPROVE VESTING TENTATIVE TRACT MAP 2002-0014 THEREBY ALLOWING A SIXTEEN LOT CLUSTER RESIDENTIAL SUBDIVISION OF APN 049- 023-030, 049-291-016, 049-291-005 CONSISTENT WITH THE PD -16 MASTER PLAN OF DEVELOPMENT CUP 2002-0067 (2000 Ferrocarril / Gearhart) WHEREAS, an application has been received from Kelly Gearhart, 6205 Alcantara Avenue, Atascadero, CA 93422, (Applicant & Owner), to consider a project consisting of a Planned Development overlay zone change to PD -16 with the adoption of a Master Plan of Development, and an sixteen -lot cluster residential tract map, on a 31+/- acre lot located at 2000 Ferrocarril Road (APN 049-023-030, 049-291-016, 049-291-005); and, WHEREAS, the site's vested General Plan Designation is PUB (Public) and SSF (Single Family Suburban); and, WHEREAS, the site's vested zoning district is P (Public) and RS (Residential Suburban); and, WHEREAS, the Planning Commission has recommended that a site be rezoned to a PD -16 overlay district which requires the adoption of a Master Plan of Development; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Tentative Tract Map application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said application; and, WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing held on November 5, 2002, studied and considered Tentative Tract Map 2002-0014, after first studying and considering the Draft Mitigated Negative Declaration prepared for the project; and, Planning Commission Resolution 2002-0067 November 5, 2002 Page 2 of 26 NOW, THEREFORE, the Planning Commission takes the following actions: Section 1. Findings of Approval for Vesting Tentative Tract Map, the Planning Commission of the City of Atascadero finds as follows: 1. The proposed subdivision, as conditioned, is consistent with the General Plan and applicable zoning requirements. 2. The design and improvement of the proposed subdivision is consistent with the General Plan and applicable zoning requirements. The proposed subdivision, as conditioned, is consistent with the Planned Development Overlay District 16-2 Master Plan of Development (CUP 2002- 0067). 4. The site is physically suitable for the type of development proposed. 5. The site is physically suitable for the density of development proposed. 6. The design and improvement of the proposed subdivision will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat. 7. The design of the subdivision will not conflict with easements acquired by the public at large for access through, or the use of property within, the proposed subdivision; or substantially equivalent alternative easements are provided. 8. The proposed subdivision design and type of improvements proposed will not be detrimental to the health, safety or welfare of the general public. Section 2. Recommendation of Approval. The Planning Commission of the City of Atascadero resolves to recommend that the City Council approve Vesting Tentative Tract Map 2002-0014 subject to the following: 1. Exhibit A: Vesting Tentative Tract Map 2002-0014 2. Exhibit B: Improvement Plans 3. Exhibit C: Arborist Report 4. Exhibit D: Conditions of Approval Planning Commission Resolution 2002-0067 November 5, 2002 Page 3 of 26 BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: (X) NOES: (x) ABSENT: (x) ABSTAIN: (X) ADOPTED: CITY OF ATASCADERO, CA David Bentz, Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary Planning Commission Resolution 2002-0067 November 5, 2002 Page 4 of 26 Exhibit A: Tentative Tract Map Sheet 1 TTM 2001-0014 0 IP -,� - � F b /fit, .H. 3 res' , `l, ,!` ` �� , �:� � -•, t rn►._ 'i� ►t# IU.;'r'% j MIX �V r4 '�Rw', �q ta2 �s � 4.a!et��7►u-r v 9 PF�J. 4 g4gqf Rd YY'1Y9pYp9 YY Y9 YYYkY94 ?w��M��i3q �Q ian / I ('► V � r ye� g€ P �_ S 0 3 P �] . c a �J�JJ9�JJ 9�J�994$ MEMBERS �OGGD�G�GG8080080�0 MIX a �q ta2 �s � 4.a!et��7►u-r v 9 4 g4gqf Rd YY'1Y9pYp9 YY Y9 YYYkY94 ?w��M��i3q �Q ian ye� g€ P �_ S 0 3 P �] . c a �J�JJ9�JJ 9�J�994$ MEMBERS �OGGD�G�GG8080080�0 MIX a �q ta2 v 9 4 g4gqf Rd YY'1Y9pYp9 YY Y9 YYYkY94 ?w��M��i3q �Q ian ye� g€ P �_ S 0 3 P �] . c a �J�JJ9�JJ 9�J�994$ 6 @9 a Q Planning Commission Resolution 2002-0067 November 5, 2002 Page 5 of 26 Exhibit A: Tentative Tract Map Sheet 2 TTM 2001-0014 ib I i ,I I i I ' i'• i I , 'I 1 I R. B � I II R II 1 , 1 I C I � II a M s �, 1 I SII✓ I. 'I � 1 J �I I� 1 II '� J : I' I - GVOII !q''BI� I i 1 9 � s I 1 2 3 H 3 3 S I R. Planning Commission Resolution 2002-0067 November 5, 2002 Page 6 of 26 Exhibit B: Improvement Plans: Offsite Access Easement TTM 2001-0014 Planning Commission Resolution 2002-0067 November 5, 2002 Page 7 of 26 Exhibit B: Improvement Plans: Street Improvement Plans TTM 2001-0014 $pry 1 I I�fi� 1 ;�.s! {i q+' �a�aaa�a�a�$asQga��es 0000000 y s t;. �r g, $ % ggyy,, X335 y �I -fit R M, $fig $ 73 ` •, +i-tLLJ� 0000000 y s Planning Commission Resolution 2002-0067 November 5, 2002 Page 8 of 26 Exhibit B: Improvement Plans: Street Improvement Plans TTM 2001-0014 Planning Commission Resolution 2002-0067 November 5, 2002 Page 9 of 26 Exhibit B: Improvement Plans: Street Improvement Plans TTM 2001-0014 I MA —its fi H I ^a lk1 I I L I 1 I .. Planning Commission Resolution 2002-0067 November 5, 2002 Page 10 of 26 Exhibit B: Improvement Plans: Street Improvement Plans TTM 2001-0014 Planning Commission Resolution 2002-0067 November 5, 2002 Page 11 of 26 Exhibit B: Improvement Plans: Street Improvement Plans TTM 2001-0014 Planning Commission Resolution 2002-0067 November 5, 2002 Page 12 of 26 EXHIBIT C: Arborist Report Page 1 TTM 2002-0014 JUN 5 ' 2002 opvT 802 PASO ROBLES STREET PASO ROBLES, CALIFORNIA 93446 805 42 ARBOR TREE SURGERY Date: 5/13/02 FILE E To: Kelly Gearhart From: Steven Alvarez, Arbor Tree Surgery Re: Riverbed Development, Atascadero This report is in regards to the Oak Trees bordering the existing road through the Riverbed Development. After reviewing the site, fifteen Oak Trees will have impacts varying from slight to recommending removal. The trees are labeled on the accompanying map in an East to West direction. A large proportion of the trees require "road clearance" which unless otherwise specified will require a maximum of 5-10% canopy removal for vehicular traffic. The height above road level should be 16 feet. All pruning activities should be supervised by a trained arborist. "Dbh" referred to below is the diameter at breast height. Two trees will require retaining walls that should be constructed according to the following mitigation measures: 1) Trenching operations should be either hand dug or performed by an experienced backhoe operator. 2) All roots encountered larger than one inch in diameter should be cut with sharp tools. 3) The footing should be re -buried as soon as practically possible. Trees 1) 24" Live Oak - Road Clearance 2) 36" Live Oak - Road Clearance 3) 24" Live Oak - Road Clearance 4) 48" Live Oak - Road Clearance 5) 28" Live Oak - Road Clearance 6) 14" Live Oak - Removal is recommended for this tree due to its proximity to the roadway. 7) 60" Live Oak - Road Clearance 8) 72" Live Oak - Road Clearance 9) 40" Live Oak - Road Clearance 10) 11" Live Oak - This tree requires a retaining wall at approximately 8 feet out from the main stem so the soil level can be returned to its original grade. 11) 8" Live Oak - A retaining wall should be constructed to return soil level to its original grade. 12) 28" Live Oak - Road Clearance Planning Commission Resolution 2002-0067 November 5, 2002 Page 13 of 26 EXHIBIT C: Arborist Report page 2 TTM 2002-0014 13) 50" White Oak - This particular tree has an extremely poor crotch between its two dominant stems. Failure is highly probable. Removal is recommended. 14) 48" White Oak - Road Clearance 15) 42" White Oak - Road Clearance All trees, except the removals, should be protected with construction fencing at the edge of the roadway. Excess fill should not be placed under the drip line of any tree. Drip line areas should not be used as a storage site nor should heavy machinery be operated there. All contractors working in this vicinity should sign off on this arborist report along with the plans identifying the trees. Sincerely, XJ Steven G. Alvarez Certified Arborist #0511 Arbor Tree Surgery 15 I F27 Fl - N Planning Commission Resolution 2002-0067 November 5, 2002 Page 15 of 26 EXHIBIT D: Conditions of Approval TTM 2002-0014 Conditions Of Approval Timing Responsibility Mitigation Ferrocarril Road De Anza Estates /Monitoring Measure Tentative Tract Map 2002-0014 FM: Final Map GP: Grading Permit PS: Planning Services g BP: Building Permit BS: Building Services TO: Temporary Occupancy FD: Fire Department F0: Final Occupancy PD: Police Department IP: Improvement Plans CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company Planning Services 1. The approval of this application shall become final, subject to FM PS the completion of the conditions of approval, fourteen (14) days following the Planning Commission approval unless prior to the time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 2. Approval of this Tentative Tract Map shall be valid for two FM PS years after its effective date. At the end of the period, the approval shall expire and become null and void unless an extension of time is granted pursuant to a written request received prior to the expiration date. 3. The Community Development Department shall have the FM PS authority to approve minor changes to the project that (1) result in a superior site design or appearance, and/or (2) address a construction design issue that is not substantive to the Tentative Parcel Map. 4. The Tract Map shall be subject to additional fees for park or FM PS recreation purposes (QUIMBY Act) as required by City Ordinance. 5. The applicant shall record CC&R's for the subdivision subject FM PS/CE to the review and approval of the City Engineer, City Attorney and Planning Department. The CC&R's shall identify the maintenance responsibilities of all private driveways, roads, bridges, sewer facilities, drainage facilities, common parking areas, site lighting, landscape areas, fencing, and other common facilities. The CC&R's shall also state that each unit shall have no more than three bedrooms and that all exterior colors, exterior materials, and yard fencing shall be consistent with the overall master plan of development. 6. 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 Planning Commission Resolution 2002-0067 November 5, 2002 Page 16 of 26 Conditions of Approval Timing Responsibility Mitigation Ferrocarril Road De Anza Estates /Monitoring Measure Tentative Tract Ma 2002-0014 Map FM: Final Map GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services TO: Temporary Occupancy FD: Fire Department F0: Final Occupancy PD: Police Department IP: Improvement Plans CE: City Engineer WW: Wastewater CA: City Attomey AMWC: Atascadero Mutual Water Company 7. An irrevocable open space and public access easement shall FM PS be recorded on Lot 16 and clearly noted on the final map. 8. Twenty foot (20 -foot) public access easements shall be FM PS recorded across all trail corridors located outside of street right-of-ways. 9. A paved Class I Bikeway shall be provided on the east side 1P/FM PS the street from the existing cul-de-sac on Ferrocarril Road to Graves Creek. 10. The access road shall be constructed as a through road IP PS/CE connection to Ferrocarril Road as shown on Alternative 1 of Sheet C2.2 of the road improvement plans. 11. A tract map drawn in substantial conformance with the FM PS approved tentative map, and in compliance with all conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. Mitigation Measures 12. The project shall be conditioned to comply with all applicable IP PS 3.b.1. District regulations pertaining to the control of fugitive dust (PM -10) as contained in section 6.4 of the Air Quality Handbook. All site grading and demolition plans notes shall list the following regulations: A. All material excavated or graded shall be sufficiently watered to prevent excessive amounts of dust. Watering shall occur at least twice daily with complete coverage, preferably in the late morning and after work is finished for the day. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed water should be used whenever possible. 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. Planning Commission Resolution 2002-0067 November 5, 2002 Page 17 of 26 Conditions of Approval Timing Responsibility Mitigation Ferrocarril Road De Anza Estates /Monitoring Measure Tentative Tract Ma 2002-0014 Map FM: Final Map GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services TO: Temporary Occupancy FD: Fire Department F0: Final Occupancy PD: Police Department IP: Improvement Plans CE: City Engineer WW: Wastewater CA: City Attomey AMWC: Atascadero Mutual Water Company E. Permanent dust control measured identified in the approved project revegetation and landscape plans shall be implemented as soon as possible following completion of any soil disturbing activities. F. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading shall be sown with fast -germinating native grass seed and watered until vegetation becomes established. G. All disturbed areas not subject to revegetation shall be stabilized using approved chemical soil binders, jute netting, or other methods approved in advance by the APCD. H. All roadways, driveways, sidewalks, etc. to be paved shall be completed as soon as possible. In addition, structural foundations shall be completed as soon as possible following building pad construction. I. On-site vehicle speed shall be limited to 15 mph for any unpaved surface. J. All unpaved areas with vehicle traffic shall be watered at least twice per day, using non -potable water. K. Streets adjacent to the project site shall be swept daily to remove silt which may have accumulated from construction activities so as to prevent excessive amounts of dust from leaving the site. N. Wheel washers may be required when significant offsite import or export of fill is involved. O. All dirt stock -pile areas should be sprayed daily as needed. 13. A multi -use Class I bicycle, pedestrian and equestrian trail IP PS 3.c.1. will be provided from Chico Road to the Salinas River and along the shoulder of the new proposed street. 14. Large canopy shade trees shall be provided along street IP PS 3.c.2. frontages to minimize urban heat build-up. 15. All construction within the drip lines of native trees shall be IP PS 4.e.1. consistent with the mitigation requirements of the 5/13/02 arborist report. 16. A tree fencing protection plan shall be submitted with IP PS 4.e.2. construction plans and installed prior to permit issuance Planning Commission Resolution 2002-0067 November 5, 2002 Page 18 of 26 Conditions of Approval Timing Responsibility Mitigation Ferrocarril Road De Anza Estates /Monitoring Measure Tentative Tract Ma 2002-0014 Map FM: Final Map GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services TO: Temporary Occupancy FD: Fire Department F0: Final Occupancy PD: Police Department IP: Improvement Plans CE: City Engineer WW: Wastewater CA: City Attomey AMWC: Atascadero Mutual Water Company 17. All tree removals shall be mitigated consistent with the IP PS 4.e.3. requirements of the Atascadero Native Tree Ordinance 18. An arborist shall be retained monitor construction, IP PS 4.e.4. mitigations, and overall tree health. 19. A Storm Water Pollution Prevention Plan (SWPPP) will be IP PS 8.c.1. required to be approved by the RWQCB prior to construction. 20. Deed disclosures shall be recorded against all lots notifying FM PS 11.a.1. potential buyers that noise levels on their property will most likely exceed the recommended limits established by the City of Atascadero when trains are present on the tracks. Advise buyers that noise levels and vibration during train passbys will be very loud, potentially annoying, and perhaps startling. 21. Locate outdoor living spaces out of direct line -of -sight with IP PS 11.a.2. the railway to the extent possible. 22. Installed landscaped berms around outdoor living areas that IP PS 11.a.3. have direct line -of -sight with the railway. 23. Construct all housing will stucco siding and concrete or tile On Going PS 11.a.4. roofing materials to reduce interior noise. 24. Minimize windows that have direct line of sight with railway. On Going PS 11.a.5. 25. Prior to recording the final map, the applicant shall make FM PS/CE AMWC-1 every effort to annex the property into the AMWC service area. The annexation is required to provide the subdivision with an adequate, safe and reliable source of water for domestic and fire suppression uses. If annexation into the AMWC service area fails for reasons beyond the control of the applicant, the applicant shall perform well tests on each lot to the satisfaction of the City Engineer. The final map shall not record until the well tests reveal there is an adequate, safe, reliable and long-term water supply available for each lot. 26. The applicant shall provide a 145 -foot wide exclusionary FM PS AMWC-2 easement contiguous to the northerly tract boundary that expressly prohibits construction of septic systems or wells, or as otherwise approved by the Atascadero Mutual Water Company. The applicant shall provide the easement by separate instrument, shall show the easement on the final map, and shall address the restrictions in the CC&R's for the project. 27. The applicant shall record instruments separate from and FM PS AMWC-3 concurrent with the final map that discloses the following to Planning Commission Resolution 2002-0067 November 5, 2002 Page 19 of 26 Conditions of Approval Timing Responsibility Mitigation Fer ocarril Road De Anza Estates /Monitoring Measure Tentative Tract Ma 2002-0014 Map FM: Final Map GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services TO: Temporary Occupancy FD: Fire Department F0: Final Occupancy PD: Police Department IP: Improvement Plans CE: City Engineer WW: Wastewater CA: City Attomey AMWC: Atascadero Mutual Water Company all property owners within the subdivision. AMWC shall review and approve the form and content of the instruments relative to these conditions of approval before they record. a. Private wells are subject to failure. b. AMWC operates community water wells on the parcel adjacent to the subdivision (the `River Parcel") and that operation said community wells will have influence over and interfere with the private wells constructed on the lots within the subdivision. c. Development and operation of community wells and other water -related facilities on the River Parcel will be of an industrial nature. Impacts to the subdivision will result from operations on the River Parcel that produce intermittent and continuous noise and dust. Other activities will include the drilling of wells, excavation of recovery ponds, construction of pipelines, hauling, handling and storage of hazardous materials, and construction of well and treatment buildings. d. The existence of an easement that prohibits construction of septic systems or wells within 145 - feet of the northerly tract boundary. e. The possible future uses of the River Parcel that could include residential subdivisions, public parks or other uses. f. Prohibitions on the export of water from the private wells within the subdivision or transfer of water between properties within the subdivision. 28. All proposed trail access points on to AMWC property, the FM PS AMWC-4 Salinas River or the De Anza trail shall include appropriate signage and vehicular barriers to prevent property damage, damage to the riparian environment, vandalism, uses inconsistent with AMWC policies, or other inappropriate or illegal uses. All access points shall be adequately maintained by the City or an entity established to maintain the trail system. Access to AMWC property where the proposed roadway is contiguous to the northerly tract boundary shall be controlled in a manner consistent with other access points to AMWC property. City Engineer Standard Conditions Planning Commission Resolution 2002-0067 November 5, 2002 Page 20 of 26 Conditions of Approval Timing Responsibility Mitigation Ferrocarril Road De Anza Estates /Monitoring Measure Tentative Tract Ma 2002-0014 Map FM: Final Map GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services TO: Temporary Occupancy FD: Fire Department F0: Final Occupancy PD: Police Department IP: Improvement Plans CE: City Engineer WW: Wastewater CA: City Attomey AMWC: Atascadero Mutual Water Company 29. An Encroachment Permit shall be obtained from the Public Works Department. 30. The applicant shall enter into a Plan Check & Inspection agreement with the City. All cost for the checking of the plans, administration of the encroachment permit and inspection of the improvements shall be borne by the applicant. A deposit for the plan check and inspection shall be placed with the City, as determined by the City Engineer. 31. All road improvements and drainage systems shall be designed and constructed in accordance with the City Engineering Department and Standard Specifications and Drawings or as directed by the City Engineer by a Registered Civil Engineer. 32. The applicant shall be responsible for the protection, relocation and/or alteration of existing utilities. 33. The applicant shall install all new utilities (water, gas, electric, cable TV and telephone) underground. 34. The applicant shall monument all property corners for construction control and shall promptly replace them if disturbed. 35. Prior to issuance of building permits, the applicant shall submit a grading and drainage plan with a separate sheet(s) devoted to sedimentation and erosion control, prepared by a registered civil engineer for review and approval by the City Engineer. 36. Prior to the final inspection, all outstanding plan check and inspection fees shall be paid. City Engineer Project Conditions Circulation 37. The proposed road from the end of Ferrocaril to the end of EI IP CE Camino Real shall be Rural Local Standard 401 Type "B" (13 -foot wide lanes). 38. An 8 -foot wide paved multi-purpose trail shall be constructed IP CE next to the road. The trail shall be separated from the road. Planning Commission Resolution 2002-0067 November 5, 2002 Page 21 of 26 Conditions of Approval Timing Responsibility Mitigation Ferrocarril Road De Anza Estates /Monitoring Measure Tentative Tract Ma 2002-0014 Map FM: Final Map GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services TO: Temporary Occupancy F0: Final Occupancy FD: Fire Department PD: Police Department IP: Improvement Plans CE: City Engineer WW: Wastewater CA: City Attomey AMWC: Atascadero Mutual Water Company 39. The construction documents for the proposed RR bridge IP CE shall be approved by the UPPR and the City of Atascadero. 40. Access easement across the project subdivision and the IP CE Rochelle property shall be granted to the AMWC and the City of Atascadero and any other future property owners of the River parcel or the subdivision there of. No restrictions shall be placed on the access easement. 41. The UPPR is requesting a signal at the intersection of Chico Road and Traffic Way. The applicant shall pay the prorata share of the cost of the signal for each lot at time of residential building permit. 42. The bridge construction from the end of Ferrocaril to the end IP CE of EI Camino Real shall be competed and approved by the City of Atascadero prior to the issuance of any Phase 2 residential building permits. Easements 43. Signed and recorded easements or proof of ownership of all FM CE property that is used for access will required to be submitted prior to Planning Commission Meeting. 44. A 50 -foot easement for access, water facilities and utilities FM CE will be recorded on the Final map. Road Maintenance 45. The applicant shall provide for annual reports on the bridge FM CE condition by a qualified Civil Engineer, Structural engineer or other qualified Professional approved by the City Engineer. The report shall detail the structural integrity of the bridge and the required maintenance for the bridge. The repair and maintenance work on the bridge shall be inspected and approved. The report and repair work will the responsibility of the property owner of this subdivision. 46. The applicant shall record a road maintenance agreement or FM CE assessment district for the bridge, roads and multi-purpose trail. The property owner of the lots will be fully disclosed of the maintenance agreement and the anticipated annual cost to each property. Grading and Drainage 47. Grading and Drainage Plans shall be submitted with the IP CE Tract Improvement Plans. These plans will conform to all Planning Commission Resolution 2002-0067 November 5, 2002 Page 22 of 26 Conditions of Approval Timing Responsibility Mitigation Ferrocarril Road De Anza Estates /Monitoring Measure Tentative Tract Ma 2002-0014 Map FM: Final Map GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services TO: Temporary Occupancy FD: Fire Department F0: Final Occupancy PD: Police Department IP: Improvement Plans CE: City Engineer WW: Wastewater CA: City Attomey AMWC: Atascadero Mutual Water Company State and Local standard. 48. All drainage released off the project site and into the Salinas IP CE River shall comply with the Regional Water Quality Board Standard and the National Pollution Elimination System, Phase II requirement. The Regional Water Quality Board shall approve a Storm Water Pollution Prevention Plan. Wastewater 49. Septic Systems will be design in accordance with Section 8- IP CE 2.103 of the Atascadero Municipal Code. 50. Percolation Test for each lot and the distance between the IP CE ground water and the bottom of the septic system will be submitted to the City of Atascadero. The information must be reviewed and approved by the City of Atascadero prior to recording the Final map. All systems shall comply with the requirements of the Regional Water Quality Control Board. Water 51. Prior to recordation of any final maps, the applicant shall FM CE enter into an agreement with the Atascadero Mutual Water Company to annex the project area into the Water Company service area. The applicant shall post a cash deposit in an amount determined by the City Engineer to cover the cost of engineering and fiscal studies required for annexation. 52. Any wells installed prior the annexation to the Atascadero FM/1P CE Mutual Water Company shall require water quality and quantity test reports subject to approval by the City Engineer. The reports will be reviewed and approved by County Health department and the City of Atascadero.. 53. The minimum sustained yield of water from a source or FM/1P CE sources and minimum water storage capacity shall not be less than 0.50 Gal/Min and 1,000 Gal/3 day for pumped sources.. For uses other than that specified above the minimum yield and storage requirements shall be based on estimated consumption as approved by the "Health Officer." All sources shall be perennial. 54. All wells shall be subject to the following Test Method for FM/1P CE Pumped Source: Step 1. Commence the test no sooner than 7 -days after development of the well. Record the time and the initial level of the water in the well prior to start of pumping. Planning Commission Resolution 2002-0067 November 5, 2002 Page 23 of 26 Conditions of Approval Ferrocarril Road De Anza Estates Tentative Tract Ma 2002-0014 Map Timing FM: Final Map GP: Grading Permit BP: Building Permit TO: Temporary Occupancy F0: Final Occupancy IP: Improvement Plans Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attomey AMWC: Atascadero Mutual Water Company Mitigation Measure Step 2. Start pumping at a rate of 10 GPM, or more, until a 3 -day minimum yield is pumped from the well, or until the well is "pumped dry".* * 'Pumped Dry" is the point at which the pump starts pumping air, thus reducing the pumping rate. If a 3 -day yield is obtained without "pumping dry" skip to Step 5. If the well is "pumped dry" continue to Step 3. Step 3. Record the time at which the well is "pumped dry" and the new pumping rate at which the pump continues to operate. Step 4. Continue pumping and record the pumping rate at one hour intervals commencing at the time in Step 3, until the same reduced pumping rate is obtained on 3 consecutive hours. If the 3 consecutive hourly readings are less than the minimum yield required, the yield is inadequate. If the 3 consecutive hourly readings are equal to or greater than the minimum allowable yield and a 3 -day yield was pumped from the well, continue to Step 5. If the consecutive hourly readings are equal to or greater than the minimum allowable yield, but a 3 -day yield was not pumped from the well, continue pumping until this total 3 -day yield is obtained, then continue to Step 5. Step 5. End pumping and record the time and the elevation of the water level at the completion of pumping. Step 6. 72 hours after the time recorded in Step 5, measure and record the water level in the well. a. If the is a 100% recovery of the initial water level at 72 -hour measurement, the well yield is adequate. b. If the above recovery is not obtained for the well, this yield is inadequate. c. Test Results - The results of the yield tests shall be recorded on the forms provided by the "Health Officer." All applicable blanks on the forms shall be filled out. The yield of a gravity fed source shall be the lowest of Planning Commission Resolution 2002-0067 November 5, 2002 Page 24 of 26 Conditions of Approval Timing Responsibility Mitigation Ferrocarril Road De Anza Estates /Monitoring Measure Tentative Tract Ma 2002-0014 Map FM: Final Map GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services TO: Temporary Occupancy F0: Final Occupancy FD: Fire Department PD: Police Department IP: Improvement Plans CE: City Engineer WW: Wastewater CA: City Attomey AMWC: Atascadero Mutual Water Company the (3) three tests. The yield of a pumped source shall be the pumping rate established by the "3 -day yield pumping tests." 55. The yield testing shall be performed during the dry season (July 15 to October 1, unless the "Health Officer" expands this time limit due to lack of precipitation). Testing outside of the dry season may be allowed if sufficient data as approved by the "Health Officer" is submitted which correlates the actual test results with dry season results to establish actual sustained yield at the driest season. 56. Yield tests shall be made only by State Licensed Well Drilling Contractors, General (Class A License) Contractors, Civil Engineers, or Geologists, except where a gravity fed source will supply (1) one single family dwelling, the test may be made by the property owner. Verification by a representative of the "Health Officer" may be required. Source Setbacks shall be 5 feet from property line, 100 feet from Subsurface Disposal Field, Septic Tank or other Subsurface Storage Tanks 57. The water shall meet the physical, chemical and bacteriological standards of the State Department of Public Health and the US Environmental Protection Agency. Where an analysis indicates that the source initially would not meet such standards, the applicant shall provide a proposed method of water treatment, or condition of, such as chlorinating, filtration, or chemical adjustment to meet such standards. Atascadero Mutual Water Company (AMWC): 58. The applicant shall provide a 30 -foot wide access and water FM CE / AMWC main easement across Parcel 1 of Parcel Map AT 01-060 recorded in 56 -PM -37 in the office of the County Recorder (APN 49-291-005). The easement shall parallel, more or less, the easterly boundary of Parcel 1. The easement shall be bounded on the south by the existing 50 -foot wide access and water main easement across Parcel 1 and Parcel 2 of said parcel map and shall be bounded on the north by the northwesterly boundary of Parcels 1 and 2. The easement shall connect the existing dirt roadway on the River Parcel (APN 49-011-001) to the existing access and water main easement across Parcel 1 and Parcel 2 that benefits AMWC. 59. The applicant shall retain the existing 50 -foot wide access FM CE/AMWC and water main easement that benefits AMWC across Parcel 1 and Parcel 2 of Parcel Map AT 01-060. Said map is recorded in 56 -PM -37 in the office of the County Recorder Planning Commission Resolution 2002-0067 November 5, 2002 Page 25 of 26 Conditions of Approval Timing Responsibility Mitigation Ferrocarril Road De Anza Estates /Monitoring Measure Tentative Tract Ma 2002-0014 Map FM: Final Map GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services TO: Temporary Occupancy FD: Fire Department F0: Final Occupancy PD: Police Department IP: Improvement Plans CE: City Engineer WW: Wastewater CA: City Attomey AMWC: Atascadero Mutual Water Company (APN's 49-291-005, 024). Recording of the final map shall not eliminate or otherwise alter the existing 50 -foot wide access and water main easement across Parcel 1 and Parcel 2 that benefits AMWC. 60. The applicant shall provide a 50 -foot wide access and water FM CE/AMWC main easement to AMWC across the proposed subdivision. The easement shall follow the roadway alignment shown on tentative map. 61. The applicant shall provide 10 -foot wide water line FM CE/AMWC easements to AMWC. The easements shall be parallel to the side lot lines of Lot Nos. 1 through 5 and be bounded on the south by the proposed road right-of-way shown on the tentative map and on the north by the northerly tract boundary. The easements shall be in a form approved by AMWC. 62. The applicant shall provide an access and water main IP CE/AMWC easement across the property to north of the River Parcel (commonly referred to as the Rochelle Property) to AMWC. The easement shall include any bridge, at -grade crossing, underpass or other means used to cross the Union Pacific Railroad right-of-way to gain access to the property east of the tracks. 63. All access rights granted by the applicant to AMWC relative FM CE/AMWC to these conditions of approval shall be equal or superior to the rights granted the property owners within the subdivision. The easements shall benefit AMWC and all future property owners of the River Parcel or subdivisions thereof. The applicant shall not place restrictions on the access rights granted by the easements required by these conditions of approval such as, but not limited to, prohibitions against hauling hazardous materials or large equipment or hours of use. Building Department Conditions 64. A soils investigation prepared by a licensed Geotechnical Engineer is to be provided for the project. The report is to be provided at the time of building permit submittal along with the building plans for review by the Building Division. Recommendations contained in the report are to be incorporated into the project plans. Fire Department Conditions 65. Fire hydrants shall be provided along streets per City IP FD standards. Dry water mains and hydrants shall be Planning Commission Resolution 2002-0067 November 5, 2002 Page 26 of 26 Conditions of Approval Timing Responsibility Mitigation Ferrocarril Road De Anza Estates /Monitoring Measure Tentative Tract Ma 2002-0014 Map FM: Final Map GP: Grading Permit PS: Planning Services BP: Building Permit TO: Temporary Occupancy BS: Building Services FD: Fire Department F0: Final Occupancy IP: Improvement Plans PD: Police Department CE: City Engineer WW: Wastewater CA: City Attomey AMWC: Atascadero Mutual Water Company installed regardless of the status of annexation to the Atascadero Mutual Water Company service area. If development precedes annexation to the Atascadero Mutual Water Company service area then the following conditions shall apply: a. A secondary water supply for fire protection is to be provided with an on- site water tank. The tank shall be sized in accordance with NFPA 1142 for fire department use. It shall supply a wet or dry barrel type fire hydrant with one 4'/2" and one 2'/2" outlet in a location approved by the Fire Authority. A fire pump is to be provided which shall furnish not less than 150 percent of rated capacity at a total head of not less than 65 percent of total rated head. The shutoff total head for horizontal shaft pumps shall not exceed 140 percent of the total rated head. The inlet pressure available from a water supply shall be figured on a basis of flow of 150 percent of the rated capacity of the pump, as indicated by flow test. The pressure in public mains shall not be reduced in pressure below 20 psi while the pump is operating at 150 percent of its rated capacity. b. Minimum fire flow is to be 1000 gallons per minute at 20 psi for a 120 minute duration. Alternatives may be considered by the Fire Chief if the minimum fire flow is not obtainable. Planning Commission Conditions 66. The tract map shall be permitted to be recorded in the FM PS following phases. Phase 1: Lot 13 and Lot 16 with open space and trail easements recorded. Phase 2: Lots 1-12 and Lots 14-15. Planning Commission Resolution 2002-0067 November 5, 2002 Page 27 of 26