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HomeMy WebLinkAboutPC_2002-12-03_AgendaPacketCITY OFATASCADERO PLANNING COMMISSION AGENDA Regular Meeting December 3, 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 VACANT 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 NOVEMBER 19, 2002. 2. APPROVAL OF THE PLANNING COMMISSION MEETING SCHEDULE FOR 2003. PUBLIC HEARINGS (For each of the following items, the public will be given an opportunity to speak. After a staff report, the Chair will open the public hearing and invite the applicant or applicant's representative to make any comments. Members of the public will be invited to provide testimony to the Commission following the applicant. Speakers should state their name and address for the record and can address the Commission for five minutes. After all public comments have been received, the public hearing will be closed, and the Commission will discuss the item and take appropriate action(s).) 3. TENTATIVE PARCEL MAP 2002-0030: Applicant: Marvin & Elizabeth Dotson, 6998 Kingsbury Road, Templeton, CA 93465 Laila Johnson, 1909 Traffic Way, Atascadero, CA 93422 Project Title: Tentative Parcel Map (TPM) 2002-0030 Project 3300 Traffic Way (North of Chico Road), Atascadero, San Luis Obispo County APN Location: 049-071-012 Project A proposed subdivision of an existing 3.78 acre lot into three parcels of 1.26 acres Description: each. The site is currently developed with a single-family residence, detached garage, and pool. The existing improvements will be confined to two new lots allowing development of a single-family residence on each. The parcels are slight to moderately sloped. The project will not impact on-site native trees. The new parcels contain building sites with slopes under 10%. The properties will be served by on-site waste disposal systems (septic) and water is available from Atascadero Mutual Water Company. General Plan Designation: Single Family Residential (SFR). Zoning District: Residential Single Family -Y (RSF-Y) Proposed PROPOSED NEGATIVE DECLARATION 2002-0042: 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 COMMUNITY DEVELOPMENT STAFF REPORTS COMMISSIONER COMMENTS & REPORTS ADJOURNMENT The next regular meeting of the Planning Commission will be December 17, 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 12.3.02.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 DRAFT ITEM NUMBER: 2 DATE: 12/3/02 Planning Commission Meeting Schedule 2003 MEETING DATE MEETING TYPE TIME AGENDA CLOSING DATE January 7 Regular 7:00 p.m. December 24 January 21 Regular 7:00 p.m. January 8 February 4 Regular 7:00 p.m. January 22 February 18 Regular 7:00 p.m. February 5 March 4 Regular 7:00 p.m. February 19 March 18 Regular 7:00 p.m. March 5 April 1 Regular 7:00 p.m. March 19 April 15 Regular 7:00 p.m. April 2 April 29 Open Date May 6 Regular May 20 Regular 7:00 p.m. April 23 7:00 p.m. May 7 June 3 Regular 7:00 p.m. May 21 June 17 Regular 7:00 p.m. June 4 July 1 Regular 7:00 p.m. June 18 July 15 Regular 7:00 p.m. July 2 July 29 Open Date August 5 Regular 7:00 p.m. July 23 August 19 Regular 7:00 p.m. August 6 September 2 Regular 7:00 p.m. August 20 September 16 Regular 7:00 p.m. September 3 September 30 Open Date October 7 Regular 7:00 p.m. September 17 October 21 Regular 7:00 p.m. October 8 November 4 Regular 7:00 p.m. October 22 November 18 Regular 7:00 p.m. November 5 December 2 Regular 7:00 p.m. November 19 December 16 Regular 7:00 p.m. December 3 Network/City Hall/CDvlpmnt/PC Minutes/PC Meeting Schedule/PC Meeting Schedule 2003.doc Revised 25 -Nov -02 CALL TO ORDER ITEM NUMBER: 1 DRAFT DATE: 12/3/02 CITY OF ATASCADERO PLANNING COMMISSION MINUTES Regular Meeting November 19, 2002 — 7:00 P.M. Chairman Bentz called the meeting to order at 7:00 p.m. and Commissioner Eddings led the Pledge of Allegiance. D1ITT rATT Present: Commissioners Eddings, Jones, Kelley, O'Malley, Fonzi and Chairman Bentz Absent: Commissioner Porter Staff: Community Development Director Warren Frace, Planning Services Manager Steve McHarris, Associate Planner Glenn Rider, Assistant Planner Kelly Davis and Recording Secretary Grace Pucci. PUBLIC COMMENT None CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON NOVEMBER 5, 2002. MOTION: By Commissioner Kelley and seconded by Commissioner Jones to approve the Consent Calendar AYES: Commissioners Kelley, Jones, O'Malley, Eddings, Fonzi and Chairman Bentz NOES: None ABSTAIN: None PC Minutes 11.19.02.gp.doc 11/25/02 City of Atascadero Planning Commission Minutes Motion passed 6:0 by a roll -call vote. PUBLIC HEARINGS Regular Meeting November 19, 2002 Page 2 of 5 2. TO BE CONTINUED TO DECEMBER 3, 2002: TENTATIVE PARCEL MAP 2002-0030: Applicant: Marvin & Elizabeth Dotson, 6998 Kingsbury Road, Templeton, CA 93465 Laila Johnson, 1909 Traffic Way, Atascadero, CA 93422 Project Title: Tentative Parcel Map (TPM) 2002-0030 Project 3300 Traffic Way (North of Chico Road), Atascadero, San Luis Obispo County Location: APN 049-071-012 Project A proposed subdivision of an existing 3.78 acre lot into three parcels of 1.26 acres Description: each. The site is currently developed with a single-family residence, detached garage, and pool. The existing improvements will be confined to two new lots allowing development of a single-family residence on each. The parcels are slight to moderately sloped. The project will not impact on-site native trees. The new parcels contain building sites with slopes under 10%. The properties will be served by on- site waste disposal systems (septic) and water is available from Atascadero Mutual Water Company. General Plan Designation: Single Family Residential (SFR). Zoning District: Residential Single Famil -Y (RSF-Y) Proposed PROPOSED NEGATIVE DECLARATION 2002-0042: 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 .m., Monday through Friday COMMUNITY DEVELOPMENT STAFF REPORTS 3. TREE REMOVAL PERMIT, TRP 2002-0023: 4505 SAN ANSELMO RD. Request to remove one (1) native oak trees over24-inches dbh, in conjunction with the development of a 1,250 square foot addition to a single family home located at 4505 San Anselmo Road. (APN 028-141-001). Staff Recommends: The Planning Commission approve the removal of one native oak tree over 24 -inches in diameter, subject to guidelines and mitigation as required by the Atascadero Native Tree Ordinance, which are specified within the project conditions. Assistant Planner Kelly Davis provided the staff report and answered questions of the Commission. City of Atascadero Planning Commission Minutes PUBLIC COMMENT — None Regular Meeting November 19, 2002 Page 3 of 5 MOTION: By Commissioner Eddings and seconded by Commissioner Kelley to adopt Planning Commission Resolution PC 2002-0062 and approve the removal of one native oak tree over 24 inches in diameter subject to guidelines and mitigation as required by the Atascadero Native Tree Ordinance and which are specified within the project conditions. AYES: Commissioners Eddings, Kelley, Jones, O'Malley, Fonzi and Chairman Bentz NOES: None ABSTAIN: None Motion passed 6:0 by a roll -call vote. 4. TREE REMOVAL PERMIT (TRP) #2002-0024: 40 BIENVENIDA COURT. Request to remove one (1) native oak tree over 24 -inches dbh located within an 8 -lot subdivision under construction on 40 Bienvenida Court. (APN 030-461-054). Staff Recommends: The Planning Commission approve the removal of one native oak tree over 24 -inches in diameter, subject to guidelines and mitigation as required by the Atascadero Native Tree Ordinance, which are specified within the project conditions. Commissioner Jones stepped down from consideration of Item No. 4. Associate Planner Glenn Rider provided the staff report and answered questions of the Commission. PUBLIC COMMENT Joan O'Keefe, 9985 Old Morro Road East, expressed difficulty in understanding the staff report and questioned the reference to bonding. She asked if there would be replanting or just payment into the tree mitigation fund. Mrs. O'Keefe pointed out that there was very little area for planting and was concerned that an oak tree planted at that site might not be appropriate due to safety concerns. Richard Shannon, applicant, gave a brief history of the tree and grading on the site. He stated it was his intention to attempt to save the tree for another six months and if not successful within that time frame, to replace the tree with a box oak in addition to paying a mitigation fee. City of Atascadero Planning Commission Minutes Regular Meeting November 19, 2002 Page 4 of 5 Chairman Bentz suggested placing a condition on the project calling for the six-month trial period to attempt to save the tree. Joan O'Keefe asked again about bonding and inquired if staff would be signing off on this project for occupancy before the determination on the viability of the tree it made. She feels if the tree does die and there is no follow up it would present a health and safety problem for the people living nearby. Chairman Bentz asked staff to respond to Mrs. O'Keefe's concerns. Community Development Director Frace stated that where spots are available on the site staff intends to recommend replanting. Where the tree in question is situated there is a large planter designed specifically to save the tree, therefore the recommendation was for a 36 -inch live oak to be planted. Live oaks are used as landscape trees and staff does not expect in the foreseeable future that this would pose any hazard to the adjoining structures. Regarding the issue of the bond, it will be required that the full mitigation be bonded before this house is finaled. If the tree cannot be saved by next spring, the bond would be moved over into the tree mitigation fund and the tree would be replanted. If the tree can be saved, the bond will be given back to the applicant. Chip Dumonte, 2900 Monterey Road, Certified Arborist, gave a history their attempts to save the tree. He stated that he would be evaluating the tree in the next week along with Arborist Steve Alvarez to determine if there are any structural problems or branches that may be a hazard, and will decide then if they need to lessen the weight on the branches. Mr. Dumonte stated that if the replacement oak tree is properly and regularly pruned there should be no safety issues. He recommends an oak for the replacement tree as it is slow growing. Chairman Bentz closed the Public Comment period. MOTION: By Commissioner Kelley and seconded by Commissioner Eddings to adopt draft Resolution PC 2002-0071 a resolution of the Planning Commission of the City of Atascadero, approving a tree removal permit to allow the removal of one native oak tree located at 40 Bienvenida Court, TRP 2002-0024, and adding a condition requiring the monitoring of the tree for a six month period by the arborist, the applicant and the Planning Department. AYES: Commissioners Kelley, Eddings, O'Malley, Fonzi and Chainnan Bentz NOES: None ABSTAIN: None Motion passed 5:0 by a roll -call vote. COMMISSIONER COMMENTS & REPORTS City of Atascadero Planning Commission Minutes Regular Meeting November 19, 2002 Page 5 of 5 Commissioner Kelley bid farewell to Commissioner O'Malley and expressed his pleasure in serving with Commissioner O'Malley and running with him for City Council. His wished Commissioner O'Malley the best in his new position as a member of the City Council. Chairman Bentz expressed his agreement with Commissioner Kelley. Community Development Director Frace announced that the December 17th meeting would have a lengthy agenda with items staff would like to conclude before the end of the year. He asked any Commissioners who might be unavailable for that meeting to coordinate with Chairman Bentz or himself. ADJOURNMENT Chairman Bentz adjourned the meeting at 7:26 p.m. to the next regularly scheduled meeting on December 3, 2002. MEETING RECORDED AND MINUTES PREPARED BY: Grace Pucci, Recording Secretary Cdvlpmnt/PC Minutes 02/PC Minutes 11.19.02.gp.doc ITEM NUMBER: 3 DATE: 12/3/02 Planning Commission Staff Report Public Hearing Tentative Parcel Map 2002-0030 (AT 02-253) 3300 Traffic Way (Johnson/Dotson-Wilson Land Surveys) SUBJECT: TENTATIVE PARCEL MAP 2002-0030: Proposed subdivision of an existing 3.78 acre lot into three parcels of 1.26 acres each. The site is currently developed with a single-family residence and barn. The existing improvements will be confined to two new lots allowing development of single-family residences on each. The new property will be served by on-site sewer systems (septic) and water, which is available from Atascadero Mutual Water Company. The General Plan Land Use Designation is Single Family Residential. The site is zoned Residential Single Family -Y, a medium density single family zoning designation with a minimum lot size of 1.0 acre. RECOMMENDATION: Staff Recommends: The Planning Commission adopt Resolution No. PC 2002-0070, certifying the proposed Mitigated Negative Declaration 2002-0042 and approving Tentative Parcel Map 2002-0030, a request to subdivide one lot totaling 3.78 acres into three parcels of 1.26 acres each (all lot areas are gross area), based on findings and subject to conditions. SITUATION AND FACTS: 1. Applicant/Owners: Marvin & Elizabeth Dotson, 6998 Kingsbury Road, Templeton, CA 93422, Phone: (805) 461-1732 Laila Johnson, 1909 Traffic Way, Atascadero, CA 93422, Phone: (805) 466-9169 2. Representative: Wilson Land Surveys, 7400 Morro Road, Atascadero, CA 93422, Phone: (805) 466-2445 3. Project Address: 3300 Traffic Way, Atascadero, CA 93422 ITEM NUMBER: 3 DATE: 12/3/02 4. General Plan Designation: Single Family Residential (SFR) 5. Zoning District: RSF-Y (Residential Single Family with a minimum lot size of 1.00 acres (gross). 6. Site Area: 3.78 Acres (gross) 7. Existing Use: Developed with a single family residence 8. Environmental Status: Proposed Negative Declaration posted November 5, 2002- review period ends November 25, 2002. Site description: The site is gently rolling lot located on the south side of Traffic Way at the intersection with Chico Road. The site is currently developed with a single-family residence and barn. No removals or impacts to native trees are required for the proposed single family residences and access driveways. View of the property looking west from Traffic Way ITEM NUMBER: 3 DATE: 12/3/02 DISCUSSION: Subdivision Design: The subdivision will divide one existing lot into three parcels. Parcel 1 has frontage on Traffic Way, Parcel 2 and 3 will gain access from Chico Road. The City Engineer has reviewed the tentative map and determined that safe access should occur from Chico Road for the two new parcels. Proposed Tentative Parcel Map The Fire Marshal has reviewed the subdivision and finds the existing driveway and proposed access on Chico Road to parcel 2 and 3 acceptable for adequate emergency access. The existing improvements on the site will be confined to two new parcels. The tentative parcel map has identified adequate building sites for each lot and future development on the / T Proposed Tentative Parcel Map The Fire Marshal has reviewed the subdivision and finds the existing driveway and proposed access on Chico Road to parcel 2 and 3 acceptable for adequate emergency access. The existing improvements on the site will be confined to two new parcels. The tentative parcel map has identified adequate building sites for each lot and future development on the ITEM NUMBER: 3 DATE: 12/3/02 new lots can be accommodated without impacting native trees and adhering to City Of Atascadero building guidelines. Percolation tests have been provided for the lots and the tests indicate that each lot is suitable for an on-site septic system. Atascadero Mutual Water Company will provide water to the new residence, and future utilities to the new lot will be required to be placed underground. The subdivision is consistent with the General Plan and zoning regulations. The 2002 general plan and zoning maps designate the property for "Single Family Residential" uses. Subdivision of this property does not change this designation. The parcels are zoned Residential Single Family with a minimum lot size of 1 acre (RSF-Y). The project is consistent with the General Plan and zoning ordinance. Public Improvements: The City Engineer has required the applicant to provide a six (6) foot Public Utility Easement (PUE) contiguous to the Chico Road and Traffic Way property frontages. Environmental Review: The Initial Study concluded that there would be no significant harm to the environment as a result of this subdivision. A proposed Mitigated Negative Declaration has been prepared for the project and certification of the Mitigated Negative Declaration is included in draft Planning Commission Resolution 2002-0070. CONCLUSIONS: The subdivision is consistent with the 2002 General Plan and Zoning Ordinance. The parcel configurations are consistent with the Subdivision Ordinance requirements and the size and shape of the proposed lots are consistent with the character of the immediate neighborhood. If approved, the project would allow for the construction of two additional single-family residences. Staff recommends the Planning Commission approve the tentative parcel map as conditioned. ALTERNATIVES: 1. The Commission may approve the subdivision subject to additional or revised project conditions. The Commission's motion to approve needs to include any new or revised project conditions. 2. The Commission may deny the subdivision if it is found to be inconsistent with the General Plan or any of the other required findings. The Commission's motion to deny must include a finding basis for denial. ITEM NUMBER: DATE: 12/3/02 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: Glenn Rider, Associate Planner ATTACHMENTS: Attachment 1 -- Location Map (General Plan & Zoning) Attachment 2 -- Draft Resolution PC 2002-0070 ITEM NUMBER: 3 DATE: 12/3/02 ATTACHMENT 1: Location Map (General Plan / Zoning) TPM 2002-0030 3300Traffic Way Project Site: 3300 Traffic Way GP: Single Family Residential Zoning: Residential Single Family (RSF-Y) ITEM NUMBER: DATE: 12/3/02 ATTACHMENT 2: Draft Resolution PC 2002-0070 TPM 2002-0030 3300 Traffic Way DRAFT RESOLUTION NO. PC 2002-0070 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING A TENTATIVE PARCEL MAP, TO DIVIDE ONE RESIDENTIAL LOT INTO THREE PARCELS AT 3300 TRAFFIC WAY (TPM 2002- 0030- DOTSON/JOHNSON) WHEREAS, Marvin and Elizabeth Dotson, 6998 Kingsbury Road, Templeton, CA, 93465 (Owner/Applicant), and, Laila Johnson, 1909 Traffic Way, Atascadero, CA 93422, applied for a Tentative Parcel Map to subdivide one lot totaling 3.78 acres into three parcels; 1.26 acres each (all lot areas are gross area); and, WHEREAS, the proposed project has a General Plan Designation of Single Family Residential (SFR) and is in conformance with the Land Use Element of the General Plan and all other applicable General Plan policies; and, WHEREAS, the site is located in the Residential Single Family, minimum lot size of 1.0 acre, which allows for the proposed use and density when certain findings are made; and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2002-0042 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission held a duly noticed public hearing to consider the proposed Mitigated Negative Declaration and Tentative Parcel Map application on December 3, 2002 at 7:00 p.m. and considered testimony and reports from staff, the applicants, and the public. NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Certification of Negative Declaration. The Planning Commission of the City of Atascadero, hereby certifies Mitigated Negative Declaration 2002-0042 based on the following findings: 1. The Negative Declaration has been completed in compliance with requirements of the California Environmental Quality Act; and, 2. The project does not have the potential to degrade the environment; and 3. The project will not achieve short-term to the disadvantage of long-term environmental goals; and, ITEM NUMBER: 3 DATE: 12/3/02 4. The project does not have impacts which are individually limited, but cumulatively considerable; and, 5. The project will not cause substantial adverse effects on human beings either directly or indirectly. SECTION 2. Findings for approval of subdivision. The Planning Commission finds as follows: 1. The proposed subdivision, as conditioned, is consistent with the General Plan and applicable zoning requirements. 2. The design and improvement of the proposed subdivision is consistent with the General Plan and applicable zoning requirements. 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the density of development proposed. 5. The design and improvement of the proposed subdivision will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat. 6. The subdivision is consistent with the character of the immediate neighborhood. 7. The design of the subdivision will not conflict with easements acquired by the public at large for access through, or the use of property within, the proposed subdivision; or substantially equivalent alternative easements are provided. 8. The proposed subdivision design and type of improvements proposed will not cause serious public health problems. 9. The proposed subdivision will be accomplished without detriment to the adjacent properties. 10. The installation of a standard street, either alone or in conjunction with neighboring properties is not feasible. 11. The flag lot is justified by topographical conditions. 12. The proposed accessway improvements meet the intent of the subdivision ordinance and are adequate for safe emergency vehicle access. SECTION 3. Approval. The Planning Commission does hereby approve Tentative Parcel Map 2002-0030 to subdivide one parcel totaling 3.78 acres into three parcels; 1.26 acres each, subject to the following Conditions and Exhibits: EXHIBIT A: Mitigated Negative Declaration EXHIBIT B: Conditions of Approval EXHIBIT C: Tentative Parcel Map 2002-0030 ITEM NUMBER: DATE: 12/3/02 On motion by Commissioner and seconded by Commissioner , the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSENT: ( ) FEWITNTRan-03 CITY OF ATASCADERO, CA David Bentz, Planning Commission Chairperson ATTEST: Warren Frace Planning Commission Secretary EXHIBIT A: Proposed Mitigated Negative Declaration Draft Resolution PC 2002-0054 TPM 2002-0030 ITEM NUMBER: 3 DATE: 12/3/02 CITY OF ATASCADERO PROPOSED MITIGATED NEGATIVE DECLARATION #2002-0042 6500 Palma Avenue Atascadero, CA 93422 805/461-5035 Applicant: Marvin & Elizabeth Dotson, 6998 Kingsbury Road, Templeton, CA 93465 Laila Johnson, 1909 Traffic Way, Atascadero, CA 93422 Project Title: Tentative Parcel Map 2002-0030 Project 3300 Traffic Way, Atascadero, CA 93422, San Luis Obispo County, APN 049-071-012 Location: Project A proposed subdivision of an existing 3.78 acre lot into three parcels of 1.26 acres each. The Description: site is currently developed with a single-family residence, and a barn. The existing improvements will be confined to two new lots allowing development of a single-family residence on each. The parcels are slight to moderately sloped. The project will not impact on-site native trees. The new parcels contain building sites with slopes under 10%. The properties will be served by on-site waste disposal systems (septic) and water is available from Atascadero Mutual Water Company. General Plan Designation: Single Family Residential (SFR). Zoning District: Residential Single Family -Y (RSF-Y) Findings: 1. The project does not have the potential to degrade the environment. 2. The project will not achieve short-term to the disadvantage of long-term environmental goals. 3. The project does not have impacts which are individually limited, but cumulatively considerable. 4. The project will not cause substantial adverse effects on human beings either directly or indirectly. Determination: Based on the above findings, and the information contained in the initial study 2002-0042 (made a part hereof by reference and on file in the Community Development Department), it has been determined that the above project will not have an adverse impact on the environment when the following proposed mitigation measures are incorporated into the project (see attachment). Prepared By: Date Posted: Public Review Ends: Attachments: Glenn Rider, Associate Planner November 5, 2002 November 25, 2002 1. Location Map 2. Site Plan 3. Initial Study ITEM NUMBER: DATE: 12/3/02 EXHIBIT B: Conditions of Approval Resolution PC 2002-0070 TPM 2002-0030 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure 3300 Traffic Way PM: Parcel Map GP: Grading Permit PS: Planning Services TPM 2002-0030 BP: Building Permit TO: Temporary Occupancy BS: Building Services FD: Fire Department F0: Final Occupancy PD: Police Department PI: Public Improvements CE: City Engineer WW: Wastewater CA: City Attomey AMWC: Atascadero Mutual Water Company Planning Services Standard Planning Conditions 1. The approval of this application shall become final, subject to PM 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 Parcel Map shall be valid for two PM PS years after its effective date. At the end of the period, the approval shall expire and become null and void unless an extension of time is granted pursuant to a written request received prior to the expiration date. 3. The Community Development Department shall have the PM PS authority to approve minor changes to the project that (1) result in a superior site design or appearance, and/or (2) address a construction design issue that is not substantive to the Tentative Parcel Map. 4. A parcel map drawn in substantial conformance with the PM PS approved tentative map, and in compliance with all conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 5. The subdivider shall defend, indemnify, and hold harmless Ongoing CA the City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the subdivision. 6. The parcel map shall be subject to additional fees for park or PM PS recreation purposes (QUIMBY Act) as required by City Ordinance. Project Specific Conditions-CECIA Mitigation Measure 3.b: The Building Permit for a single family BP BS/PS residence shall comply with all applicable Air Pollution Control District regulations pertaining to the control of fugitive dust PM -10 as contained in section 6.4 of the Air Quality ITEM NUMBER: DATE: 12/3/02 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure 3300 Traffic WayPM: Parcel Map GP: Grading Permit PS: Planning g Services TPM 2002-0030 BP: Building Permit T0: Temporary Occupancy BS: Building Services FD: Fire Department F0: Final Occupancy PI: Public Improvements PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company Handbook. All site grading and demolition plans shall list the regulations. Mitigation Measure 6.e: Percolation tests are required in the BP Il City of Atascadero before building permits for residences can be issued. Mitigation Measure 6.c.d: A soils report shall be required to be BP Ill submitted with a future building permit by the building department. The building plans will be required to follow the recommendations of the soils report to assure safety for residents and buildings. Mitigation Measure 11.d: All construction activities shall BP BS/PS comply with the City of Atascadero Noise Ordinance for hours of operation. Engineering 1. In the event that the applicant is allowed to bond for CE any public improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 2. An engineer's estimate of probable cost shall be submitted for review and approval by the City Engineer to determine the amount of the bond. 3. The Subdivision Improvement Agreement shall record concurrently with the Final Map. 4. The applicant shall enter into a Plan Check/Inspection agreement with the City. 5. A six (6) foot Public Utility Easement (PUE) shall be provided contiguous to the Chico Road and Traffic Way property frontages. 6. The applicant shall acquire title interest in any off-site land that may be required to allow for the construction of the improvements. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress and egress is affected by these improvements. 7. Slope easements shall be obtained by the applicant as needed to accommodate cut or fill slopes. 8. Drainage easements shall be obtained by the applicant as needed to accommodate both public and private drainage facilities. 9. A preliminary subdivision guarantee shall be submitted for review in conjunction with the ITEM NUMBER: DATE: 12/3/02 Conditions of Approval / Mitigation Monitoring Program 3300 Traffic WayPM: TPM 2002-0030 Timing Parcel Map GP: Grading Permit BP: Building Permit T0: Temporary Occupancy F0: Final Occupancy PI: Public Improvements Responsibility /Monitoring PS: Planning g Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company Mitigation Measure processing of the parcel map. 10. The final map shall be signed by the City Engineer prior to the map being placed on the agenda for City Council acceptance. 11. Prior to recording the parcel map, the applicant shall pay all outstanding plan check/inspection fees. 12. Prior to recording the map, the applicant shall complete all improvements required by these conditions of approval. 13. Prior to recording the parcel map, the applicant shall set monuments at all new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the parcel map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 14. Prior to recording the parcel map, the applicant shall submit a map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 15. All existing and proposed utility, pipeline, open space, or other easements are to be shown on the final/parcel map. If there are building or other restrictions related to the easements, they shall be noted on the final/parcel map. The applicant shall show all access restrictions on the final/parcel map. 16. Prior to recording the parcel map, the applicant shall have the map reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company indicating their review of the map. The letter shall identify any new easements that may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the parcel map. Prior to the issuance of building permits the applicant shall submit plans and supporting calculations/reports including street improvements, underground utilities, composite utilities, and grading/drainage plans prepared by a registered civil engineer for review and approval by the City Engineer. ITEM NUMBER: DATE: 12/3/02 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure 3300 Traffic WayPM: Parcel Map GP: Grading Permit PS: Planning g Services TPM 2002-0030 BP: Building Permit BS: Building Services T0: Temporary Occupancy FD: Fire Department F0: Final Occupancy PD: Police Department PI: Public Improvements CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company Building /Fire Marshal: Atascadero Mutual Water Company: ITEM NUMBER: 3 DATE: 12/3/02 EXHIBIT C: Tentative Parcel Map Draft Resolution PC 2002-0070 TPM 2002-0030