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HomeMy WebLinkAboutPC_2014-08-05_AgendaPacket WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website CITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Tuesday, August 5, 2014 – 7:00 P.M. Historic City Hall Council Chambers 6500 Palma Avenue, 4th Floor (Enter on Lewis Ave./Jr. High School Side) Atascadero, California 93422 CALL TO ORDER Pledge of Allegiance Roll Call: Chairperson Dennis Schmidt Vice Chairperson Mark Dariz Commissioner David Bentz Commissioner Duane Anderson Commissioner Len Colamarino Commissioner Christian Cooper Commissioner Jan Wolff APPROVAL OF AGENDA PUBLIC COMMENT (This portion of the meeting is reserved for persons wishing to address the Commission on any matter not on this agenda and over which the Commission has jurisdiction. Speakers are limited to three minutes. Please state your name 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.) PLANNING COMMISSION BUSINESS City of Atascadero Planning Commission Agenda Regular Meeting, August 5, 2014 Page 2 of 4 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website 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 DRAFT ACTION MINUTES OF JUNE 17, 2014 2. APPROVAL OF DRAFT ACTION MINUTES OF JULY 15, 2014 COMMUNITY DEVELOPMENT STAFF REPORTS None PUBLIC HEARING DISCLOSURE OF EX PARTE COMMUNICATIONS: Prior to a project hearing Planning Commission Members must disclose any communications they have had on any quasi-judicial agenda items. This includes, but is not limited to, Tentative Subdivision Maps, Parcel Maps, Variances, Conditional Use Permits, and Planned Development Permits. This does not disqualify the Planning Commission Member from participating and voting on the matter, but gives the public and applicant an opportunity to comment on the ex parte communication. (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 t o provide testimony to the Commission following the applicant. Speakers should state their name for the record and can address the Commission for three 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. PLN 2014-1499, ZONE CHANGE, TENTATIVE PARCEL MAP AND CONDITIONAL USE PERMIT FOR 10380 EL CAMINO REAL Applicant/Owner: Leo Michaud, 8090 Cristobal Ave. Atascadero, CA 93422 Project Title: 4-lot Planned Development #7 ZCH 2014-0173 / TPM 2014-0101 / CUP 2014-0282 Project Location: 10380 El Camino Real, Atascadero, CA 93422 (San Luis Obispo County) APN: 056-383-021 Project Description: The project consists of an application to subdivide an existing 0.37 acre lot at 10380 El Camino Real in order to create a four (4) unit small lot single-family development in a multi-family residential zone. The proposed project is designed to be consistent with the standards of a Planned Development overlay zone #7. Each new lot is proposed at approximately 4,086 square feet in size. One (1) detached single family residential unit, 1423 square feet in size, would be developed on each lot. Each unit would have an attached 2 car garage and two (2) guest parking spaces located in the private driveway. The units are proposed to be located off a shared driveway which takes access off El Camino Real. Three (3) small live oak trees, ranging in size from 5-inches to 9-inches DBH, are located along the southern property line and proposed for removal. General Plan Designation: Medium Density Residential (MDR) Zoning District: Residential Multifamily-10 (RMF-10) City of Atascadero Planning Commission Agenda Regular Meeting, August 5, 2014 Page 3 of 4 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website COMMISSIONER COMMENTS AND REPORTS DIRECTOR’S REPORT ADJOURNEMENT The next regular meeting will be on August 19, 2014 at City Hall Council Chambers, 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. Proposed Environmental Determination: Based on the Initial Study prepared for the project, a Mitigated Negative Declaration is proposed. The Mitigated Negative Declaration is available for public review from 7/17/14 through 8/5/14 at 6500 Palma Avenue, Community Development Department from 8:30 a.m. to 5:00 p.m. Monday through Thursday, and also available on our website at www.atascadero.org/environmental docs. Staff Recommendation: Design Review Committee recommends the Planning Commission approve the proposed Zone Change, Tentative Parcel Map, and Conditional Use Permit, based on findings and subject to Conditionals of Approval. City of Atascadero Planning Commission Agenda Regular Meeting, August 5, 2014 Page 4 of 4 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website City of Atascadero WELCOME TO THE ATASCADERO PLANNING COMMISSION MEETING The Planning Commission meets in regular session on the first and third Tuesday of each month at 7:00 p.m. at City Hall, Council Chambers, 6500 Palma Avenue, Atascadero. 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 Front Counter of City Hall, 6500 Palma Avenue, Atascadero, and on our website, www.atascadero.org. 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. Commission meetings are audio recorded, and may be reviewed by the public. Copies of meeting recordings are available for a fee. Contact the City Clerk for more information (470-3400). 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 or the City Clerk’s Office, both at (805) 470-3400. 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 SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, “PUBLIC COMMENT”, the Chairperson will call for anyone from the audience having business with the Commission to approach the lectern and be recognized. 1. Give your name for the record (not required) 2. State the nature of your business. 3. All comments are limited to 3 minutes. 4. All comments should be made to the Chairperson and Commission. 5. No person shall be permitted to make slanderous, profane or negative personal remarks conce rning any other individual, absent or present. This is when items not on the Agenda may be brought to the Commission’s attention. A maximum of 30 minutes will be allowed for Public Comment Portion (unless changed by the Commission). TO SPEAK ON AGENDA ITEMS (from Title 2, Chapter 1 of the Atascadero Municipal Code) 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 Co mmission regarding the matter being considered to step up to the lectern. If you wish to speak for, against or comment in any way: 1. You must approach the lectern and be recognized by the Chairperson. 2. Give your name (not required). 3. Make your statement. 4. All comments should be made to the Chairperson and Commission. 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present. 6. All comments limited to 3 minutes. If you wish to use a computer presentation to support your comments, you must notify the C ommunity Development Department at 470-3402 at least 24 hours prior to the meeting. Digital presentations brought to the meeting on a USB drive or CD. You are required to submit to the Recording Secretary a printed copy of your presentation for the record. Please check in with the Recording Secretary before the meeting begins to announce your presence and turn in the printed copy. The Chairperson will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Commission. PC Draft Action Minutes of 6/17/14 Page 1 of 4 CITY OF ATASCADERO PLANNING COMMISSION DRAFT ACTION MINUTES Regular Meeting – Tuesday, June 17, 2014 – 7:00 P.M. City Hall Council Chambers 6500 Palma Avenue, Atascadero, California CALL TO ORDER - 7:01 p.m. Chairperson Schmidt called the meeting to order at 7:01 p.m. and Commissioner Wolff led the Pledge of Allegiance. ROLL CALL Present: Commissioners Bentz, Wolff, Vice Chairperson Dariz, and Chairperson Schmidt Absent: Commissioner Anderson (excused) Commissioner Colamarino (excused) Commissioner Cooper (unexcused) Others Present: Recording Secretary Annette Manier Staff Present: Assistant Planner Alfredo Castillo Community Development Director Warren Frace Police Chief Jerel Haley APPROVAL OF AGENDA MOTION: By Commissioner Bentz and seconded by Commissioner Wolff to approve the agenda. Motion passed 4:0 by a roll-call vote. PUBLIC COMMENT The following citizen spoke during public comment: Jerry Clay. Chairperson Schmidt closed the public comment period. ITEM NUMBER: ITEM NUMBER: 1 DATE: 8-5-14 PC Draft Action Minutes of 6/17/14 Page 2 of 4 PLANNING COMMISSION BUSINESS None CONSENT CALENDAR 1. APPROVAL OF ACTION MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON MAY 20, 2014. MOTION: By Commissioner Bentz and seconded by Commissioner Wolff to approve the consent calendar. Motion passed 4:0 by a roll-call vote. COMMUNITY DEVELOPMENT STAFF REPORTS None PUBLIC HEARINGS 2. PLN 2014-1492 – Conditional Use Permit for ECHO Shelter Open Meal Program El Camino Homeless Organization, 6370 Atascadero Mall Property Owner / Applicant: El Camino Homeless Organization (ECHO), 6370 Atascadero Mall, Atascadero CA 93422 Project Title: PLN 2014-1492 – Conditional Use Permit for ECHO Shelter Open Meal Program Project Location: 6370 Atascadero Mall, Atascadero, CA 93422 San Luis Obispo County (APN 030-341-013) Project Description: The Planning Commission will be considering a Conditional Use Permit for an Open Meal Program as an added service to the operation of the ECHO Emergency Shelter. The Open Meal program Conditional Use Permit will cover the following items:  Hours of operation  Loitering  Minimum staffing and monitoring requirements  Maximum meal participants  Participant screening and logs  Neighborhood dispute resolution process PC Draft Action Minutes of 6/17/14 Page 3 of 4 EXPARTE COMMUNICATIONS Vice Chairperson Dariz – Received an email from Jim Patterson who was looking for his support of the project. Chairperson Schmidt – Received an email from Jim Patterson, a Board member with Echo, voicing support for the staff recommendation. He received an email from Dan and Liz Ulrich who stated they required additional time for presentation. He received an email from Brian McAllister who voiced concern for serving meals to those who eat and then leave the facility. Mr. McAllister has cited that those who leave the facility hang out at encampments along the freeway. Assistant Planner Castillo gave the staff report. Assistant Planner Castillo clarified that the hours for the meal program should read 4:00 p.m. – 6:15 p.m. Assistant Planner Castillo, Director Frace and Chief Haley answered questions from the Commission. PUBLIC COMMENT The following people spoke during public comment: Jerry Clay Jim Patterson, Tillman Moen, Bill Watt, Larry Karris, Lee Perkins, Jay DeCou, Sharon Turner, Carl Robbins (who read a statement from Mike Burn), Dan Ulrich (slideshow), Brian McAllister, Lon Allen, Debra Skinner, John Sanders, Tom Ferrell, Robyn Smith, and Jeanine Sanders. Chairperson Schmidt closed the Public Comment period. General Plan Designation: High-Density Residential Zoning: Multi-Family Residential-20 Proposed Environmental Determination: California Environmental Quality Act Categorical Exemption Class 23 pertaining to the “normal operation of facilities for public gatherings.” Staff Recommendation: Staff is recommending approval of the Conditional Use Permit for ECHO Shelter Open Meal Program. PC Draft Action Minutes of 6/17/14 Page 4 of 4 MOTION: By Commissioner Bentz and seconded by Vice Chairperson Dariz adopt PC Resolution PC 2014- 0011 approving PLN 2014-1492/CUP 2013-0279 for an additional service (Open Meal Service) within a designated emergency shelter overlay zone at 6370 Atascadero Mall, on APN 030-341-013, consistent with Atascadero Municipal Code Section 9-3.504H, subject to Conditions of Approval, and with the following amended conditions:  Eliminate Condition 9  Amend Condition 13 to read “Meal program hours of operation are from 4:00 p.m. to 6:15 p.m.  Modify Condition 14 to read “Meal program hours of operation may be extended for holiday gatherings with written notice to the City within 14 days of proposed extended hours. A written notice must be provided to properties within 1,500 linear feet (LF) of APN 030-341-No amplified music.  Add Condition 19 to read “Amplified noise (i.e. music, either recorded or live) is not permitted during open mail program operation.  Add additional signage for Hours of Operation Motion passed 3:1 by a roll-call vote. (Wolff voted no) COMMISSIONER COMMENTS AND REPORTS None DIRECTORS REPORT  Director Frace gave an update on the upcoming DRC Meeting, the Walmart project, and Springhill Suites. ADJOURNMENT – 9:22 p.m. The Planning Commission meeting scheduled for July 1 is cancelled. The next regular meeting of the Planning Commission is scheduled for July 15, 2014, at 7:00 p.m. at City Hall, Council Chambers, 6500 Palma Avenue, Atascadero. MINUTES PREPARD BY: _____________________________ Annette Manier, Recording Secretary PC Draft Action Minutes of 7/15/14 Page 1 of 3 CITY OF ATASCADERO PLANNING COMMISSION DRAFT ACTION MINUTES Regular Meeting – Tuesday, July 15, 2014 – 7:00 P.M. City Hall Council Chambers 6500 Palma Avenue, Atascadero, California CALL TO ORDER - 7:00 p.m. Chairperson Schmidt called the meeting to order at 7:00 p.m. and Commissioner Colamarino led the Pledge of Allegiance. ROLL CALL Present: Commissioners Anderson, Bentz, Colamarino, Cooper, Wolff, Vice Chairperson Dariz, and Chairperson Schmidt Absent: None Others Present: Recording Secretary Annette Manier Staff Present: Senior Planner Callie Taylor APPROVAL OF AGENDA MOTION: By Commissioner Bentz and seconded by Commissioner Colamarino to approve the agenda. Motion passed 7:0 by a roll-call vote. PUBLIC COMMENT None PLANNING COMMISSION BUSINESS None ITEM NUMBER: ITEM NUMBER: 2 DATE: 8-5-14 PC Draft Action Minutes of 7/15/14 Page 2 of 3 CONSENT CALENDAR None COMMUNITY DEVELOPMENT STAFF REPORTS 1. PLN 2014-1512 / TREE REMOVAL PERMIT FOR REGIO PLACE Senior Planner Callie Taylor gave the staff report and answered questions from the Commission. PUBLIC COMMENT The following people spoke during public comment: Kristen Ontiveros with Oak Grove HOA. Chairperson Schmidt closed the Public Comment period. MOTION: By Commissioner Colamarino and seconded by Commissioner Cooper adopt PC Resolution PC 2014-0012 approving PLN 2014-1512/TRP 2014- 0174 to allow the removal of one (1) dead/hazardous Coast Live Oak totaling 51-inches dbh located on Regio Place in the traffic circle, Property Owner: Oak Grove HOA, PO Box 1227, San Luis Obispo CA 93406 Project Title: PLN 2014-1512 / TRP 2014-0174 Certified Arborist: Steven Alvarez, A&T Arborists, PO Box 1311, Templeton, CA 93465 Project Location: Regio Place right-of-way, Atascadero, CA 93422 (San Luis Obispo County) Project Description: A request to remove one (1) 51-inch DBH Coast Live Oak, located in the center planter in the Regio Place right-of-way. The tree is dying and in very poor condition, thereby creating a potential hazard in a residential street, as certified by the project arborist. Replanting of new native trees is proposed as mitigation for the removal. Zoning: Single Family Residential-X (SFR-X) Planned Development #17 (PD17) General Plan Designation: Residential Single Family-X (RSF-X) Staff Recommendation: The Planning Commission adopt Resolution PC 2014-0012 to allow the removal of one (1) dead/hazardous Coast Live Oak totaling 51-inches DBH, subject to replanting mitigation and conditions of approval. PC Draft Action Minutes of 7/15/14 Page 3 of 3 subject to Conditions of Approval and mitigation, with the following changes to the Conditions of Approval:  Change Condition 3 to allow mitigation by either replanting within the boundaries of the Oak Grove development or by payment of mitigation fees to the Native Tree fund. Replanting does not have to be located within the traffic circle where the tree will be removed.  Eliminate Condition 4 Motion passed 6:1 by a roll-call vote. (Bentz voted no) PUBLIC HEARINGS None COMMISSIONER COMMENTS AND REPORTS Commissioner Schmidt asked questions about roadside stands, the roller rink, and propane being advertised for sale at 2850 El Camino Real. Commissioner Colamarino asked the status on the Korean BBQ and funding for the Salinas River trail connection. Senior Planner Taylor told the Commission that she or Warren would get back to the Commission at the next meeting with answers to their questions. DIRECTORS REPORT None ADJOURNMENT – 7:40 p.m. The next regular meeting of the Planning Commission is scheduled for August 5, 2014, at 7:00 p.m. at City Hall, Council Chambers, 6500 Palma Avenue, Atascadero. MINUTES PREPARD BY: _____________________________ Annette Manier, Recording Secretary ITEM NUMBER: ITEM NUMBER: 3 DATE: 8-5-14 Atascadero Planning Commission Staff Report - Community Development Department Callie Taylor, Senior Planner, (805) 470-3448, ctaylor@atascadero.org PLN 2014-1499 ZCH 2014-0173 / TPM 2014-0101 / CUP 2014-0282 10380 El Camino Real 4-Unit Single-Family Planned Development Overlay #7 (PD-7) (Michaud / Henderson) SUBJECT: The proposed project consists of an application for a Zone Change, Conditional Use Permit (CUP) and Tentative Tract Map. The Zone Change request would place a Planned Development #7 overlay on the site subject to a Master Plan of Development (CUP) that would allow four (4) new single-family residences to be constructed. The Tentative Parcel Map would create a four (4) lot subdivision on an existing 0.37 acre lot at 10380 El Camino Real. RECOMMENDATION: The Design Review Committee Recommends: 1. Adopt Resolution PC 2014-0014 recommending that the City Council certify Proposed Mitigated Negative Declaration 2014-0006; and, 2. Adopt Resolution PC 2014-0015 recommending that the City Council introduce an ordinance for first reading to approve Zone Change 2014-0173 for a Planned Development #7 overlay, based on findings; and, 3. Adopt Resolution PC 2014-0016 recommending that the City Council approve Conditional Use Permit 2014-0282 to include the Master Plan of Development based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, ITEM NUMBER: ITEM NUMBER: 3 DATE: 8-5-14 4. Adopt Resolution PC 2005-0017 recommending the City Council approve Vesting Tentative Parcel Map 2014-0101, based on findings and subject to Conditions of Approval and Mitigation Monitoring. Situation and Facts: 1. Applicant/Representative: Frank Henderson, 2029 Alturas Rd. Atascadero CA 93422 2. Owners: Leo & Carol Michaud, 8090 Cristobal Ave. Atascadero, CA 93422 3. Project Address: 10380 El Camino Real, Atascadero, CA 93422 (San Luis Obispo County) APN 056-383-021 4. General Plan Designation: Medium Density Residential (MDR) 5. Zoning District: Residential Multifamily-10 (RMF-10) 6. Site Area: 0.37 acres 7. Existing Use: Vacant 8. Environmental Status: Proposed Mitigated Negative Declaration 2014-0006 DISCUSSION: Project Definition The proposed project consists of a four-lot residential subdivision on a 0.37 acre (16,239 square foot) parcel under the requirements of a PD-7 Overlay Zoning District. The proposed lot sizes are approximately 4,086 square feet each. Each home is designed with a two-car attached garage with additional uncovered spaces provided in the driveway that fulfill the guest -parking requirement. Each unit is consistent with the PD-7 requirement of providing a minimum 40% parcel landscaping and building footprints of less than 35% of the parcel area. Each lot is proposed to utilize the same floor plan for a 1,423 square foot home. A Master Plan of Development will include all site development and architectural design standards for the project. The Master Plan of Development will be approved in the form of a Conditional Use Permit as required by the Zoning Ordinance. The Planning Commission can make any future amendme nts to the Master Plan of Development in the future, independent of Council action. ITEM NUMBER: ITEM NUMBER: 3 DATE: 8-5-14 Project Summary Table Background Surrounding Land Use and Setting: North: SFR uses// Multi-family zone East: Public (Atascadero State Hospital) South: SFR uses// Multi-family zone West: SFR uses// Multi-family zone The project site is a vacant undeveloped parcel in the Residential Multi-Family-10 (RMF-10) zone. The Zoning Ordinance allows the establishment of a Planned Development Overlay No. 7 (PD-7) in the Multi-Family Zone, which requires a minimum of 4 single-family units, consistent with the PD-7 site development standards and appearance review, as analyzed within this report. The PD-7 overlay zone was originally established in 1987 to allow for the creation of detached single-family homes on individual lots within the City’s multi-family zoning district. Properties to the north, south, and east are Residential Multi Family – 10, primarily developed with small lot single-family homes. The property is located across the street from the Atascadero State Hospital. ITEM NUMBER: ITEM NUMBER: 3 DATE: 8-5-14 Appearance Review DRC Review The Design Review Committee discussed the proposed project on May 28, 2014. The DRC made the following recommendations to the Planning Commission and City Council regarding the project proposal: 1. Architecture: The DRC recommended revisions to architecture as follows: a. Increase porch projection to include a minimum of 5-feet b. Lowering of the porch roofline c. Variety of materials and colors to provide for articulation of the design features. The DRC did not recommend the addition of a stone base treatment. d. The inclusion of high quality architectural grade garage doors. 2. Fencing: The DRC recommended elimination of the fencing at the terminus of the shared driveway at the edge of the drainage easement. Fencing to remain at the rear yard of unit 4. 3. Trash service: The DRC deferred to the Planning Commission for discussion and recommendation for alternatives. 4. Driveway maintenance: The DRC recommended establishment of a maintenance agreement over an HOA based on the size of the project. Modifications have been made to the plans by the applicant to address DRC recommendations. Conditions of approval have been included in the attached resolutions regarding paint colors, materials, and garage doors of the units, as well as trash service and on-site shared maintenance. Site Plan, Circulation, Parking The site plan has been proposed to meet the requirements of the Atascadero Municipal Code and the appearance review requirements of the General Plan. Planned Development #7 requires specific building and garage setbacks. Staff has reviewed each lot and building placement for setback consistency. A fire truck turnaround in provided between lots 3 and 4 which shall be signed for no parking. Access is provided off of El Camino Real via a 20-foot wide shared driveway. Each lot contains a minimum of 2 covered parking spaces in the attached garage with 2 additional uncovered guest parking spaces in the private driveway, consistent with the PD-7 requirements. ITEM NUMBER: ITEM NUMBER: 3 DATE: 8-5-14 Site Plan El Camino Real Single-family residential house on a small 4,086 square foot lot Front door with covering Individual waste storage Shared driveway / common maintenance Fire Department turn around All parking in driveways and garages Typical front yard landscape areas by developer City maintained drainage swale Fenced rear yards to be landscaped by owner ITEM NUMBER: ITEM NUMBER: 3 DATE: 8-5-14 Proposed Color Board Architecture, Materials, Color The applicant is proposing a traditional 2-story home design with wood siding, articulated roof lines, eaves, contrasting two tone color scheme with building trim, and trellis elements. There is one floor plan design which is proposed to be used on each of the four lots. The west elevation on Lot 1 would be enhanced with a larger porch entryway feature for architectural enhancement facing El Camino Real. Per PD-7 standards, the upper floor is designed to step back from the ground floor façade to avoid massing incompatible with small lot developments and increase opportunities for architectural articulation. The associated PD -7 standards include provisions requiring that the second floor be a maximum of 75% of the main floor area and that the rear setback increase from 10-feet to 15-feet for the upper floor. A color board has been submitted by the applicant, which proposes to utilize the s ame color scheme on all of the four units. The applicant has stated that he is agreeable to revising the color scheme to include more historic al color palette with deep earth toned colors with traditional trim accents. A condition has been included that the applicant work with staff to modify the color board, and that four distant color schemes be provided for each of the four units. ITEM NUMBER: ITEM NUMBER: 3 DATE: 8-5-14 Elevations ITEM NUMBER: ITEM NUMBER: 3 DATE: 8-5-14 Conceptual Landscape Plan Landscape Design The preliminary landscape plan has been designed as a conceptual plan with limited plant materials. Staff has included a condition of approval requiring that a complete landscape and irrigation plan be prepared by a landscape professional and submitted with building permits. Plant densities shall be increased to provide co verage in the front yard and visible side yards of each unit. A mixture of drought tolerant trees, shrubs and ground cover shall be utilized to create a complete landscape with closer plant spacing according to the size of the plant species. Street trees shall be provided along the El Camino Real frontage and along the interior shared driveway. Landscape maintenance will be the responsibility of the individual property owner. . Atascadero Municipal Code Section 9-4.125 (Landscape Standards) requires that a 5- foot landscape setback be provided along the property line of multi-family parcels. This is required in order to visually soften and add greenery to the property line, especially where an asphalt driveway is bordered by solid property line fencing. An exception to this requirement is allowed in locations where a reciprocal access easement exists with Only a few plants identified in each planter area. Condition to include complete landscape coverage and closer plant spacing No landscape side setback provided (asphalt driveway directly adjacent to wood fence.) Easement proposed to provide future access to adjacent parcel. ITEM NUMBER: ITEM NUMBER: 3 DATE: 8-5-14 the adjacent lot. The applicant has designed the subdivision without the landscape setback and is proposing to provide an easement for future shared access with neighboring parcel to the south. The adjacent parcel is currently developed with one single-family residence, but has future potential for subdivision, and would be provided access on the driveway of the subject parcel. A condition has been included that the access easement be dedicated on the subject parcel at time of Final Map. Trash Service Trash and recycling is proposed as individual bin containers for each lot. All trash storage units will be screened from view behind fenced in the rear side yards. The Atascadero Waste Management company has stated that they will provide individual trash pick-up along the interior shared driveway, provided that their trucks are able to utilize the fire truck turn around area so that they do not have to back up onto El Camino Real. A release form will be required to be signed to allow the trucks to utilize the private asphalt driveway for pick up. Due to the property location directly on El Camino Real, the City Public Works Department has concerns regarding trash pick-up on the main arterial street. Each bin must be placed 3-feet apart and there is a potential for up to 12 bins along the project frontage. This would conflict with the existing on-street parking and bike lanes on El Camino Real, creating an ongoing problem. Trash trucks having to stop to pick up the bins on the arterial would block traffic. Therefore, the project is conditioned that in the event that Waste Management determines pick-up cannot be provided on the interio r shared driveway, then a shared dumpster shall be provided on site, to be located at the back of fire truck turnaround. Drainage Feature/ Wetland Area There is an existing drainage swale at the rear of the property which is designated as a jurisdictional wetland by the California Department of Fish and Wildlife. The drainage swale collects water from the surrounding neighborhood and is maintained annually by the City Public Works Department. The drainage feature, known as “Perkins Ditch” is characterized as a freshwater wetland dominated by cattail. A biological report / wetland assessment was completed by Terra Verde Environmental Consulting on May 2, 2014, in order to assess the drainage feature and determine jurisdictional analysis and recommendations to avoid and/or minimize potential project related impacts. Recommendations have been incorporated as mitigation measures in the proposed Draft Mitigated Negative Declaration. An 11-foot setback is provided between the proposed development and th e swale. All proposed development is located beyond the top of bank of the drainage feature and outside CDFW jurisdictional limits. Fencing shall be installed during construction to protect the drainage area. ITEM NUMBER: ITEM NUMBER: 3 DATE: 8-5-14 Native Tree Removal Three (3) small live oak trees, ranging in size from 5-inches to 9-inches DBH, are proposed for removal. The trees are located along the southern property line, adjacent to the neighbor’s residence, and are not associated with the drainage area or wetland to the west of the site. All of the trees removed as part of the project shall be mitigated according to the Atascadero Native Tree Ordinance by either payment of mitigation fees to the native tree fund, or replanting on site. Project Benefits As with all Planned Development overlay districts, certain development standards are modified in exchange for high quality architectural and site design, affordable housing provisions, and the establishment of financial mechanisms to cover any increased costs to police and fire services associated with the new development. One of the required findings for approval of a planned development rezone is that the project offers certain redeeming features and public benefit to compensate for the requested modification and smaller lot sizes allowed by the planned development zoning. The benefits are divided into two levels, Tier 1 and Tier 2. All of the Tier 1 benefits are considered by the City Council to be mandatory elements of a Planned Development project. Tier 2 benefits will not apply to all projects but should be incorporated when applicable. The Planning Commission must find that the project meets all of the Tier 1 benefits as underlined below, including higher quality architectural and landscape design and affordable housing. PD Location Tier 1 Benefits Tier 2 Benefits Inside of Urban Core PD-7 PD-17 Custom PD’s a) Affordable / Workforce Housing b) High Quality Architectural Design c) High Quality Landscape Design d) Buffering between Urban and Suburban zones (large lot sizes, increased setbacks, landscape buffers, etc.) e) Higher density to meet Housing Element goals a) Pocket Parks in larger projects b) Trails / Walkways for Pedestrian Connectivity c) Historic Preservation Affordable Housing The City Council’s Inclusionary Affordable Housing Program states that all residential developments that require a legislative approval either provide deed restricted affordable units or pay affordable housing in-lieu fees. This program requires the proposed project to either provide one deed-restricted moderate-income unit for a 30- year period, or pay in in-lieu fee equivalent to 5% of the construction value of each residence. This condition has been included in the attached resolution s. ITEM NUMBER: ITEM NUMBER: 3 DATE: 8-5-14 Tentative Parcel Map A four (4)-lot parcel map is proposed as part of the project consistent with the Master Plan of Development. The Parcel Map has been conditioned by the City Engineer to meet all City standards. The applicant will be required to record CC&R’s for the map that will include maintenance and access of any common areas, including the project underground drainage detention basins, shared driveway, and south property line fence. Fiscal Impacts The project would likely have a slight negative impact on City revenues. As a general rule, single-family dwellings require services that exceed the revenue generated by the proposed uses. A standard condition of approval has been included requiring emergency services and facility maintenance costs are 100% funded by the project by annexing into the City’s Community Facilities District. General Plan Consistency The General Plan MDR land use designation permits a maximum density of 10 dwelling units per acre with the approval of the Planned Development Overlay Zone. Implementing General Plan programs requires appearance review of architectural design, materials, street trees, and landscaping to maintain and retain the rural atmosphere and protect the environment, and incorporate architectural themes into the site and building design. As analyzed above, the proposed project, as conditioned, is consistent with the General Plan. In staff’s opinion, the project is consistent with the goals and policies of the Land Use Element and the Housing Element. The project will provide 4 new single-family dwellings that fulfill an important housing need within the community. As conditioned, the project incorporates architectural and landscape elements that are consistent with the character of the surrounding neighborhood, and the General Plan’s appearance review requirement. Findings: Conditional Use Permit (Master Plan of Development) As previously mentioned, a Master Plan of Development is required for the PD-7, approved through the Conditional Use Permit process. The Conditional Use Permit process provides the opportunity for the public and the Planning Commission to review the specifics of land use proposals, such as architectural design, site design, landscape, and specific standards of the Zoning Ordinance. The following five findings must be made to approve a Conditional Use Permit: ITEM NUMBER: ITEM NUMBER: 3 DATE: 8-5-14 1. The proposed project or use is consistent with the General Plan and the City’s Appearance Review Manual. Staff Comment: The use and appearance is consistent with the single-family residential designation of the Plan and Gene ral Plan Land Use Element Policies and Housing Element Policies. 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) including the PD-7 Ordinance. Staff Comment: As conditioned, the project satisfies all PD-7 Zoning Code provisions, incorporating high-quality architectural and neighborhood design. 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use. Staff Comment: The proposed residential project will not be detrimental to the general public or working persons’ health, safety, or welfare. 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development. Staff Comment: The project has been designed to be consistent with the existing neighborhood character, with detached single-family homes on small multifamily zoned lots. An access easement will be provided to allow shared access to the adjacent parcel to the south when that lot develops. 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 n ormal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. Staff Comment: The proposed project and use is consistent with the traffic projections and road improvements anticipated within the General Plan. A single- family residential subdivision use in the proposed location is consistent and compatible with the surrounding residential neighborhood. The General Plan identifies this site as Multi-Family Residential with a maximum density of 10 dwelling units per acre (du/ac) with a minimum lot area of 0.5 acres net. Smaller lot sizes allowing up to 10 du/ac may be allowed through a Planned Development Overlay. ITEM NUMBER: ITEM NUMBER: 3 DATE: 8-5-14 Based on staff’s analysis in the preceding sections, it appears that a ll of the required findings for approval of a Master Plan of Development (Conditional Use Permit) can be made. The project is consistent with the City’s General Plan Land Use and Housing Elements. Proposed Environmental Determination Staff has prepared a Draft Mitigated Negative Declaration that was circulated to public agencies and interested members of the public on July 17, 2014. The Environmental Analysis identified concerns regarding potential impacts to aesthetics, air quality, biology, cultural resources, geology and soils, water quality, noise, and traffic. Mitigation measures pertaining to these areas are included. A finding is proposed that this project would not have a significant effect on the environment based upon the implementation of the identified mitigation measures. Staff is recommending the Commission recommend that the City Council certify Proposed Mitigated Negative Declaration 2014-0006. CONCLUSION: The proposed project is consistent with the General Plan and Atascadero Municipa l Code, as analyzed within this staff report. The project has been reviewed by the City’s Design Review Committee and recommendations have been included in the plans or conditioned in the attached resolutions. It is staff’s opinion that the proposed project, as conditioned allows the Planning Commission to make all of the required findings for project approval recommendation to the City Council. ALTERNATIVES: 1. The Commission may recommend modifications to the project and/or conditions of approval for the project. 2. The Commission may determine that more information is needed on some aspect of the project and may refer the item back to the applicant and staff to develop the additional information. The Commission should clearly state the type of information that is required and move to continue the item to a future date. 3. The Commission may recommend the City Council deny the project. The parcel would retain its zoning designation of Residential Multi-Family - 10. The Commission should specify the reasons for denial of the project and make an associated finding with such action. ITEM NUMBER: ITEM NUMBER: 3 DATE: 8-5-14 ATTACHMENTS: Attachment 1: Location Map, General Plan, and Zoning Attachment 2: Perceptive Drawings by Applicant Attachment 3: Proposed Mitigated Negative Declaration and Initial Study Attachment 4 Draft Resolution of Approval Proposed Mitigated Negative Declaration Attachment 5: Draft Resolution of Approval Proposed Zoning Map Change Attachment 6: Draft Resolution of Approval Proposed Master Plan of Development Attachment 7: Draft Resolution of Approval Proposed Vesting Tentative Parcel Map ITEM NUMBER: ITEM NUMBER: 3 DATE: 8-5-14 Attachment 1: Location Map, General Plan, and Zoning Existing Designations: -General Plan: Medium Density Residential -Zoning District: Residential Multi-Family - 10 Proposed Designations: -General Plan: Medium Density Residential -Zoning District: Residential Multi-Family – 10 / Planned Development #7 overlay Project location: 10380 El Camino Real ITEM NUMBER: ITEM NUMBER: 3 DATE: 8-5-14 Attachment 2: Perspective Drawings by Applicant ITEM NUMBER: ITEM NUMBER: 3 DATE: 8-5-14 ITEM NUMBER: ITEM NUMBER: 3 DATE: 8-5-14 Attachment 3: Draft Mitigated Negative Declaration and Initial Study See following ITEM NUMBER: ITEM NUMBER: 3 DATE: 8-5-14 ATTACHMENT 4: Draft Resolution PC 2014-0014 PD-7 – ZCH 2014-0173, CUP 2014-0282, TPM 2014-0101 Draft Mitigated Negative Declaration DRAFT RESOLUTION PC 2014-0014 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL CERTIFY PROPOSED MITIGATED NEGATIVE DECLARATION 2014-0006 PREPARED FOR ZONE CHANGE ZONE CHANGE 2014-0173, CONDITIONAL USE PERMIT 2014-0282, AND TENTATIVE PARCEL MAP 2014-0101, ON APN 056-383-021 (10380 El Camino Real / Michaud) WHEREAS, an application has been received from Leo Michaud (8090 Cristobal Ave. Atascadero, CA 93422), Applicant and Property Owner, to consider a project consisting of a Zone Change from RMF-10 (Residential Multi-Family-10) to RMF-10/PD-7 (Residential Multi- Family-10 with Planned Development Overlay #7) with the adoption of a Master Plan of Development and a four lot Tentative Parcel Map on APN 056-383-021; and, WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2014-0006 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission of the City of Atascadero held a public hearing on August 5, 2014 following the close of the review period to consider the Initial Study and Proposed Mitigated Negative Declaration; and, NOW, THEREFORE, the Planning Commission of the City of Atascadero hereby resolves to recommend that the City Council certify Proposed Mitigated Negative Declaration 2014-0006 based on the following Findings as shown in Exhibit A: 1. The Proposed Mitigated Negative Declaration has been completed in compliance with CEQA; and, 2. The Proposed Mitigated Negative Declaration was presented to the Planning Commission, and the information contained therein was considered by the Planning Commission, prior to recommending action on the project for which it was prepared; and, 3. The project does not have the potential to degrade the environment when mitigation measures are incorporated into the project. ITEM NUMBER: ITEM NUMBER: 3 DATE: 8-5-14 4. The project will not achieve short-term to the disadvantage of long-term environmental goals. 5. The project does not have impacts which are individually limited, but cumulatively considerable. 6. The project will not cause substantial adverse effects on human beings either directly or indirectly. BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Commissioner ______________________, and seconded by Commissioner ___________________, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA ______________________________ Dennis Schmidt Planning Commission Chairperson Attest: ______________________________ Warren M. Frace Planning Commission Secretary ITEM NUMBER: ITEM NUMBER: 3 DATE: 8-5-14 Exhibit A: Proposed Mitigated Negative Declaration 2014-0006 ITEM NUMBER: ITEM NUMBER: 3 DATE: 8-5-14 ATTACHMENT 5: Draft Resolution PC 2014-0015 PD7 - Zone Change 2014-0173; Approval of Proposed Zoning Map Change DRAFT RESOLUTION PC 2014-0015 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE ZONE CHANGE 2014-0173 AMENDING THE OFFICIAL ZONING MAP DISTRICT OF APN 056-383-021 FROM RMF-10 (RESIDENTIAL MULTI- FAMILY-10) TO RMF-10 / PD-7 (RESIDENTIAL MULTI_FAMILY-10 WITH PLANNED DEVELOPMENT OVERLAY #7) ON APN 056-383-021 (10380 El Camino Real / Michaud) WHEREAS, an application has been received from Leo Michaud (8090 Cristobal Ave. Atascadero, CA 93422), Applicant and Property Owner, to consider a project consisting of a Zone Change from RMF-10 (Residential Multi-Family-10) to RMF-10/PD-7 (Residential Multi- Family-10 with Planned Development Overlay #7) with the adoption of a Master Plan of Development and a four lot Tentative Parcel Map on APN 056-383-021; and, WHEREAS, the site’s General Plan Designation is MDR (Medium-Density Residential); and, WHEREAS, the site’s current Zoning District is RMF-10 (Residential Multi-Family-10); and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2014-0006 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 has determined that it is in the best interest of the City to enact this amendment to the Official Zoning Map to protect the health, safety and welfare of its citizens by applying orderly development of the City; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Change application was held by the Planning Commission of the City of Atascadero at which ITEM NUMBER: ITEM NUMBER: 3 DATE: 8-5-14 hearing evidence, oral and documentary, was admitted on behalf of said Zoning amendments; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on August 5, 2014, studied and considered Zone Change 2014-0173, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project; and, NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings for Approval of a Zone Change to the Official Zoning Map of Atascadero Changing the existing site zoning to RMF-10/PD7. The Planning Commission finds as follows: 1. Modification of development standards or processing requirements is warranted to promote orderly and harmonious development. 2. Modification of development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area. 3. Benefits derived from the overlay zone cannot be reasonably achieved through existing development standards or processing requirements. 4. Proposed plans offer certain redeeming features to compensate for the requested modification. SECTION 2. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on August 5, 2014, resolved to recommend that the City Council introduce for first reading by title only, an ordinance that would rezone the subject site consistent with the following: 1. Exhibit A: Zone Change Map ITEM NUMBER: ITEM NUMBER: 3 DATE: 8-5-14 BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Commissioner ___________________, and seconded by Commissioner ________________, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA ______________________________ Dennis Schmidt Planning Commission Chairperson Attest: ______________________________ Warren M. Frace Planning Commission Secretary ITEM NUMBER: ITEM NUMBER: 3 DATE: 8-5-14 Exhibit A: Official Zoning Map Change 2014-0173 (Planned Development Overlay #7) Existing Designations: -General Plan: Medium Density Residential -Zoning District: Residential Multi-Family - 10 Proposed Designations: -General Plan: Medium Density Residential -Zoning District: Residential Multi-Family – 10 / Planned Development #7 overlay Project location: 10380 El Camino Real Planned Development #7 overlay ITEM NUMBER: ITEM NUMBER: 3 DATE: 8-5-14 ATTACHMENT 6: Draft Resolution PC 2014-0016 PD-7 Master Plan of Development (CUP 2014-0282) DRAFT RESOLUTION PC 2014-0016 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE CONDITIONAL USE PERMIT 2014-0282 (MASTER PLAN OF DEVELOPMENT) ON APN 056-383-021 (10380 El Camino Real / Michaud) WHEREAS, an application has been received from Leo Michaud (8090 Cristobal Ave. Atascadero, CA 93422), Applicant and Property Owner, to consider a project consisting of a Zone Change from RMF-10 (Residential Multi-Family-10) to RMF-10/PD-7 (Residential Multi- Family-10 with Planned Development Overlay #7) with the adoption of a Master Plan of Development and a four lot Tentative Parcel Map on APN 056-383-021; and, WHEREAS, the site’s General Plan Designation is MDR (Medium-Density Residential); and, WHEREAS, the site’s current Zoning District is RMF-10 (Residential Multi-Family-10); and, WHEREAS, the PD-7 Overlay District requires a Master Plan of Development to be approved in the form of a Conditional Use Permit; and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2014-0006 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 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 Conditional Use Permit application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Master Plan of Development; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on August 5, 2014, studied and considered Conditional Use Permit 2014- 0282 (Master Plan of Development), after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and ITEM NUMBER: ITEM NUMBER: 3 DATE: 8-5-14 NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Findings for Approval of Conditional Use Permit. The Planning Commission of the City of Atascadero finds as follows: 1. The proposed project or use is consistent with the General Plan and the City’s Appearance Review Manual; and, 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) including the PD-7 Ordinance; and, 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. SECTION 2. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on August 5, 2014, resolved to recommend that the City Council approve Conditional Use Permit 2014-0282 (Master Plan of Development) subject to the following: 1. EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program 2. EXHIBIT B: Master Plan of Development (Site Plan) 3. EXHIBIT C: Statistical Project Summary 4. EXHIBIT D: Landscape Plan 5. EXHIBIT E: Grading and Drainage Plan 6. EXHIBIT F: Floor Plans, Elevations 7. EXHIBIT G: Site Sections ITEM NUMBER: ITEM NUMBER: 3 DATE: 8-5-14 BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Commissioner ____________________, and seconded by Commissioner __________________, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA ______________________________ Dennis Schmidt Planning Commission Chairperson Attest: ______________________________ Warren M. Frace Planning Commission Secretary ITEM NUMBER: ITEM NUMBER: 3 DATE: 8-5-14 EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program PD-7 Master Plan of Development (CUP 2004-0138) ZCH 2004-0090 Conditions of Approval / Mitigation Monitoring Program 10380 El Camino Real PD-7 Master Plan of Development CUP 2014-0282 / ZCH 2014-0173 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure Planning Services 1. The approval of this zone change and use permit shall become final and effective following City Council approval. BP PS 2. Approval of this Master Plan of Development shall be valid concurrently with the life of Tentative Parcel Map 2014-0101 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. FM PS 3. Subsequent changes to the Master Plan of Development shall be approved by the Planning Commission, independent of Council action. On-going PS 4. The Community Development Department shall have the authority to approve the following minor changes to the project the (1) modify the site plan project by less than 10%, (2) result in a superior site design or appearance, and/or (3) address a construction design issue that is not substantive to the Master Plan of Development. The Planning Commission shall have the final authority to approve any other changes to the Master Plan of Development and any associated Tentative Maps. BP / FM PS 5. All subsequent Maps and construction permits shall be consistent with the Master Plan of Development contained herein. BP / FM PS 6. The applicant shall defend, indemnify, and hold harmless the City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the project. BP / FM PS 7. All exterior elevations, finish materials and colors shall be consistent with the Master Plan of Development as shown in EXHIBITS F and G to include the following, subject to staff approval:  The applicant shall submit a new color board which reflects a historical color palette with earth-toned colors and deep accents, consistent with the selected architectural style, subject to final staff approval. Four (4) distinct color schemes shall be provided, one for each unit. A two toned paint scheme shall be utilized for the walls, with a third trim color utilized on the building and window trim.  All windows and garage doors shall be recessed and not be flush BP PS ITEM NUMBER: ITEM NUMBER: 3 DATE: 8-5-14 Conditions of Approval / Mitigation Monitoring Program 10380 El Camino Real PD-7 Master Plan of Development CUP 2014-0282 / ZCH 2014-0173 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure with the exterior.  All garage doors shall be of architectural grade and high durable quality and painted to match or compliment the final approved building colors. Garage doors may either be purchased from the factory in a color approved by staff, or may be purchased in a primer finish to be painted in a color approved by staff. Garage door specifications to be identified on plans prior to building permit issuance 8. All site development shall be consistent with the maximum intensities described in the statistical project summary as shown in EXHIBIT B AND C. BP/FM PS 9. All site work, grading, and site improvements shall be consistent with the Master Plan of Development as shown in EXHIBITS B through G with the following minor site modification:  The landscape plan shall be modified to reflect high quality landscape, as required by the Planned Development overlay. A landscape and irrigation plan shall be prepared by a landscape professional and shall be consistent with the Water Efficient Landscape Ordinance. Plant palettes shall include a mixture of drought tolerant trees, shrubs, and ground cover plants. Plant spacing and density shall be adequate to provide complete coverage in all front yards and visible side yards, based on the size and species of plants specified.  Street trees shall be planted along El Camino Real and along the interior private driveway, spaced at 30-foot on center minimum. Street trees installed on El Camino Real shall be specified as 24-inch box sized London Planes, and planted per Public Works specifications BP/FM PS 10. All project fencing shall be installed consistent with EXHIBIT B, D & G subject to the following modifications:  The design of all fencing shall be of high architectural quality, durability, and compatible with the selected architectural building design, subject to staff approval.  6-foot solid wood fences shall be designed to match the architectural style and shall utilize wood trim pieces along the top to cap the fence; dog eared fence tops shall not be installed.  Fences shall be stained or clear coated  Fencing along the El Camino Real frontage and in the front setbacks of any of the units shall be open split rail fencing, BP/FM PS ITEM NUMBER: ITEM NUMBER: 3 DATE: 8-5-14 Conditions of Approval / Mitigation Monitoring Program 10380 El Camino Real PD-7 Master Plan of Development CUP 2014-0282 / ZCH 2014-0173 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure maximum height of 3-feet, as identified on the site plan and site sections.  A 5-foot high black metal fence shall be installed in the rear yard of Lot 4 along the westerly property line, adjacent to the drainage feature.  No fencing shall be installed at the end of the driveway adjacent to the drainage feature.  Any existing perimeter fencing shall be repaired as required to perform as fully and aesthetically functional to match new fencing and project conditions. 11. A final landscape and irrigation plan shall be submitted with building permits and/or site improvement permits.  Landscaping shall be installed in all front yards and visible side yards by the developer prior to final of each building permit.  All exterior meters, air conditioning units, and mechanical equipment shall be screened with landscape material. Trash/recycle container areas shall be screened with fencing or landscape.  All landscape maintenance shall be the responsibility of the individual property owner, with the exception of the landscape along El Camino Real frontage and the drainage swale. Maintenance of the El Camino Real frontage landscape and street trees shall be identified in the maintenance agreement. The property owner of Lot 4 shall coordinate with the City Public Works Department regarding maintenance of the jurisdictional wetland/drainage swale at the rear of the project; no work shall be done in this area without City and Department of Fish and Wildlife permits. BP PS 12. Individual trash receptacle bins shall be provided for each unit and shall be brought to the front of each private driveway weekly for pick up by Waste Management. Trash, recycling and green waste bins shall be picked up on the interior shared driveway, and not on El Camino Real. The fire truck turnaround area shall remain obstructed to allow for trash truck access and turnaround.  A letter confirming pick up on the private driveway shall be prepared and signed by the trash pick-up company prior to the issuance of onsite improvement permits. The property owner shall provide Waste Management with any driveway access release agreements as required by Waste Management in ITEM NUMBER: ITEM NUMBER: 3 DATE: 8-5-14 Conditions of Approval / Mitigation Monitoring Program 10380 El Camino Real PD-7 Master Plan of Development CUP 2014-0282 / ZCH 2014-0173 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure order to provide this service on site.  If for any reason the waste management company is unable to provide individual bin pick on the private driveway, then a shared dumpster shall be constructed and utilized by the four units. The dumpsters shall be located at the back of the fire truck turnaround. A solid masonry enclosure shall be constructed of split face block or stucco finish, with painted solid metal doors. Landscape screening shall be installed around the trash enclosure. Provisions for trash pick-up shall be included in the project’s shared maintenance agreement and easements shall be located to allow access to the trash enclosure.  Individual trash, recycle and green waste bins shall not be permitted to be located on El Camino Real for pick up. 13. Affordable Housing Requirement: The applicant shall either designate one unit as moderate-income unit, deed-restricted for a 30- year period, or pay an in-lieu fee of 5% of the valuation of the four market rate units. Deed restriction shall be recorded concurrent with final map, or in-lieu fees shall be paid at time of building permit issuance. FM, BP PS, CE 14. All exterior material finishes (siding, accent materials, lighting, garage doors) shall be durable, high quality, and consistent with the architectural appearance of each home. BP PS 15. The shared driveway and the fire truck turnaround shall be signed as “no parking” BP PS/FD 16. A deed notification shall be recorded on Lot 4 to notify the property owner of the City easement for maintenance of the drainage feature, and to notify the property owner of the Department of Fish and Wildlife jurisdictional boundaries of the wetland area. FM PS 17. An easement shall be dedicated and recorded on favor of the adjacent parcel to the south (APN 056-383-022) to allow shared access of the interior driveway along the property line of the subject parcel at APN 056-383-021. If the adjacent property develops in the future, it shall be permitted to utilize the 20-foot driveway on the subject parcel for shared access. FM PS 18. Specifications and location for the mailboxes shall be identified with building permits and on/off site improvement permits for review and approval by City staff and the post office. If located on El Camino Real frontage, one shared mailbox receptacle shall be permanently installed, allowing adequate access around the mailbox so not to BP/FO PS ITEM NUMBER: ITEM NUMBER: 3 DATE: 8-5-14 Conditions of Approval / Mitigation Monitoring Program 10380 El Camino Real PD-7 Master Plan of Development CUP 2014-0282 / ZCH 2014-0173 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure block the sidewalk. Mailboxes shall be installed prior to permit final. 19. Prior to final map, the applicant shall submit CC&Rs for review and approval by the City Engineer, City Attorney, and Community Development Department. The CC&R’s shall record with the Final Map and shall include the following: a. Provisions for maintenance of all common areas including access, fire turn around, street trees, fencing and landscaping. 1. The CC&R’s shall state that all exterior colors, exterior materials, yard fencing, and site landscaping shall be consistent with the overall master plan of development. b. A detailed list of each individual homeowner’s responsibilities for maintenance of the individual units. c. Individual unit’s responsibility for keeping all trash receptacles behind fences at rear side yards. d. A provision for review and approval by the City Community Development Department for any changes to the CC&R’s that relate to the above requirements prior to the changes being recorded or taking effect. BP PS 20. The emergency services and facility maintenance costs listed below shall be 100% funded by the project in perpetuity. The service and maintenance costs shall be funded through a community facilities district established by the City at the developer's cost. The funding mechanism must be in place prior to or concurrently with acceptance of the final maps. The funding mechanism shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any final map. The administration of the above mentioned funds shall be by the City. Developer agrees to participate in the community facilities district and to take all steps reasonably required by the City with regard to the establishment of the district and assessment of the property.  All Atascadero Police Department service costs to the project.  All Atascadero Fire Department service costs to the project.  Off-site common City of Atascadero park facilities maintenance service costs related to the project FM PS 21. All tract maintenance costs listed below shall be 100% funded by the project in perpetuity. The service and maintenance cost shall be funded through a maintenance agreement or Home Owners Association established by the developer subject to City approval. The maintenance agreement or HOA shall be approved by the City Attorney, City Engineer and Administrative Services Director, must be FM PS ITEM NUMBER: ITEM NUMBER: 3 DATE: 8-5-14 Conditions of Approval / Mitigation Monitoring Program 10380 El Camino Real PD-7 Master Plan of Development CUP 2014-0282 / ZCH 2014-0173 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure in place prior to, or concurrently with acceptance of any final maps. The administration of the above mentioned funds, and the coordination and performance of maintenance activities, shall be the responsibility of the Home Owners Association, or the individual property owners as outlined in the maintenance agreement.  All streets, sidewalks, shared driveways, shared and sewer mains within the project.  All drainage facilities and detention basins.  All common landscaping areas, street trees, parkway planters, manufactured slopes outside private yards, and other similar facilities.  All frontage landscaping, street trees and sidewalks along arterial roads, including the El Camino Real frontage City Engineer Standard Conditions 1. All public improvements shall be designed and constructed in conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings and/or as directed by the City Engineer. FM/FO PW 2. In the event that the applicant is allowed to bond for the public improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. FM PW 3. 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. FM PW 4. The Subdivision Improvement Agreement shall record concurrently with the Final Map. FM PW 5. An encroachment permit shall be obtained prior to the issuance of building permit. BP PW 6. A six (6) foot Public Utility Easement (PUE) shall be provided contiguous to the El Camino Real property frontage. FM PW 7. The applicant is responsible for the relocation and/or alteration of any existing utilities that need to be relocated. BP PW 8. The applicant shall install all new utilities (water, gas, electric, cable TV and telephone) underground from the point of connection established by the public utility provider. Utilities shall be extended to BP PW ITEM NUMBER: ITEM NUMBER: 3 DATE: 8-5-14 Conditions of Approval / Mitigation Monitoring Program 10380 El Camino Real PD-7 Master Plan of Development CUP 2014-0282 / ZCH 2014-0173 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure the property line frontage of each lot or its public utility easement. 9. The applicant shall monument all property corners for construction control and shall promptly replace them if disturbed. FM PW 10. The applicant shall acquire title interest in any off-site land that may be required to allow for the construction of the public 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. FM PW 11. Slope easements shall be provided, as needed, to accommodate cut or fill slopes. FM PW 12. Drainage easements shall be provided, as needed, to accommodate both public and private drainage facilities. FM PW 13. A preliminary subdivision guarantee shall be submitted for review in conjunction with the processing of the parcel map. FM PW 14. All existing and proposed utility, pipeline, open space, or other easements are to be shown on the parcel map. If there are building or other restrictions related to the easements, they shall be noted on the parcel map. The applicant shall show all access restrictions on the parcel map. FM PW 15. The Final Map shall be acceptable to the City Surveyor or City Engineer prior to the map being placed on the agenda for City Council acceptance. FM PW 16. 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. FM PW 17. 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. FM PW 18. Prior to recording the parcel map, the applicant shall pay all outstanding plan check/inspection fees. FM PW 19. Prior to recording the parcel map, the applicant shall complete all improvements required by these conditions of approval. FM PW ITEM NUMBER: ITEM NUMBER: 3 DATE: 8-5-14 Conditions of Approval / Mitigation Monitoring Program 10380 El Camino Real PD-7 Master Plan of Development CUP 2014-0282 / ZCH 2014-0173 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure 20. 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 FM PW 21. Prior to the final inspection of any public improvements, the applicant shall submit as-built drawings and a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans. BP PW 22. Prior to the final inspection, the applicant shall submit a written certification from a registered civil engineer or land surveyor that all survey monuments have been set as shown on the Final Map. BP PW City Engineer Project Conditions 22. Driveway approaches shall be constructed in accordance with City standards and shall include a 4-foot wide unobstructed pedestrian sidewalk around the approach. If necessary, applicant shall supply public pedestrian easement to allow for 4-foot wide unobstructed pedestrian sidewalk. FM/BP PW 23. All sewer laterals serving buildings where the finish floor is less than 12-inches above the next upstream manhole shall be fitted with a backflow prevention device. FM/BP PW 24. The project plan submittal shall include a detailed hydrology report addressing storm water run-off for the pre- and post-development (on-site). The analysis shall be prepared consistent with City and State standards for storm water detention/retention and treatment to the satisfaction of the City Engineer. FM/BP PW 25. The project shall be designed in compliance with the Cities post- construction drainage standards and specifications and in accordance with stormwater regulations/orders adopted by the State of California (effective March 6, 2014). Projects that propose 2,500 sq. ft. or more of impervious surface area shall prepare a stormwater analysis demonstrating how the proposed design is capable of supporting the water management zone criteria and post-construction performance requirements prior to submittal of construction documents. FM/BP PW 26. Stormwater detention/retention as well as water quality shall conform to the City and State requirements. FM/BP PW 27. New water facilities and services shall be designed and constructed in accordance with the requirements of the Atascadero FM/BP PW ITEM NUMBER: ITEM NUMBER: 3 DATE: 8-5-14 Conditions of Approval / Mitigation Monitoring Program 10380 El Camino Real PD-7 Master Plan of Development CUP 2014-0282 / ZCH 2014-0173 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure Mutual Water Company. 28. Wastewater discharge shall conform to City requirements and shall connect to a public sewer main, to the satisfaction of the City Engineer. FM/BP PW 29. Wastewater fees shall be paid prior to issuance of building permits. FM/BP PW Mitigation Measures Mitigation Measure 1.d. 1: All lighting shall be designed to eliminate any off site glare. All exterior site lights shall utilize full cut-off, “hooded” lighting fixtures to prevent offsite light spillage and glare. Any luminaire pole height shall not exceed 12-feet in height, limit intensity to 2.0 foot candles at ingress /egress. No light shall be permitted to spill off-site. Fixtures shall be shield cut-off type. BP BS/PS 1.d.1 Mitigation Measure 3.b.1: The project shall be conditioned to comply with all applicable District regulations pertaining to the control of fugitive dust (PM-10) as contained in Section 2 “Assessing and Mitigating Construction Impacts.” 2.3.1 Standard Mitigation Measures for Construction Equipment  Maintain all construction equipment in proper tune according to manufacturer’s specifications;  Fuel all off-road and portable diesel power equipment with ARB certified motor vehicle diesel fuel (non-taxed version suitable for use off-road);  Use diesel construction equipment meeting ARB’s Tier 2 certified engines or cleaner off-road heavy duty diesel engines, and comply with State off-Road Regulations;  Use on-road heavy duty trucks that meet ARB’s 2007 or cleaner certification standard for on-road heavy duty diesel engines, and comply with State On-Road Regulation;  Construction or trucking companies with fleets that do not have engines in their fleet that meet the engine standards identified in the above two measures (e.g. captive or NOx exempt area fleets) may be eligible by proving alternative compliance;  All on and off-road diesel equipment shall not idle for more than 5 minutes. Signs shall be posted in the designated queuing areas and or job sites to remind drivers and operators of the 5 minute idling limit;  Diesel idling within 1,000 feet of sensitive receptors is not permitted;  Staging and queuing areas shall not be located within 1,000 feet of sensitive receptors;  Electrify equipment when feasible;  Substitute gasoline-powered in place of diesel-powered equipment, where feasible; and  Use alternatively fueled construction equipment on- site where feasible, such as compressed natural gas (CNG), liquefied BP BS/PS 3.b.1 ITEM NUMBER: ITEM NUMBER: 3 DATE: 8-5-14 Conditions of Approval / Mitigation Monitoring Program 10380 El Camino Real PD-7 Master Plan of Development CUP 2014-0282 / ZCH 2014-0173 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure natural gas (LNG), propone or biodiesel. 2.4 Fugitive Dust Mitigation Measures: Expanded List A. Reduce the amount of the disturbed areas where possible; B. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non-potable) water should be used whenever possible; C. All dirt stock pile areas should be sprayed daily as needed; D. Permanent dust control measures identified in the approved project revegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities; E. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading should be sown with a fast germinating, non-invasive grass seed and water until vegetation is established; F. All disturbed soil area not subject to revegetation should be stabilized using approved chemical soil binder, jute netting, or other methods approved in advance by the APCD; G. All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used; H. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site; I. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114; J. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment leaving the site; K. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible; L. All of these fugitive dust mitigation measures shall be shown on grading and building plans; M. The contractor or builder shall designate a person or person to monitor the fugitive dust emissions and enhance the implementation of the measures as necessary to minimize dust complains, reduce visible emission below 20% opacity, and to prevent transport of dust offsite. Their duties shall include holidays and weekend periods when work may not be in progress. The name and telephone number of such persons shall be provided to the APCD Compliance Division prior to the start of any grading, earthwork or demolition. ITEM NUMBER: ITEM NUMBER: 3 DATE: 8-5-14 Conditions of Approval / Mitigation Monitoring Program 10380 El Camino Real PD-7 Master Plan of Development CUP 2014-0282 / ZCH 2014-0173 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure Mitigation Measure 3.b.2: The project shall be conditioned to comply with all applicable APCD regulations pertaining to Naturally Occurring Asbestos (NOA). Prior to any grading activities a geologic evaluation should be conducted to determine if NOA is present within the area that will be disturbed. If NOA is not present, and exemptions request must be filed with the District. If NOA is found at the site, the applicant must comply with all requirements outlined in the Asbestos ATCM. This may include development of an Asbestos Dust Mitigation Plan and an Asbestos Health and Safety program for approval by the APCD. Technical Appendix 4.4 of the SLO County APCD CEQA Air Quality Handbook includes a map of zones throughout San Luis Obispo County where NOA has been found and geological evaluation is required prior to any grading. BP BS/PS 3.b.2 Mitigation Measure 3.b.3: The project shall be conditioned to comply with all applicable APCD regulations pertaining to demolition. Demolition activities can have potential negative air quality impacts, including issu es surrounding proper handling, demolition, and disposal of asbestos containing material (ACM). Asbestos containing materials could be encountered during demolition of existing buildings or can also be found in utility pipes/pipelines (transite pipes or insulation on pipes). If utility pipelines are scheduled for removal or relocation or a building(s) is proposed to be removed or renovated, various regulatory requirements may apply, including the requirements stipulated in the National Emission Standard for Hazardous Air Pollutants (40CFR61, Subpart M - asbestos NESHAP). These requirements include but are not limited to: 1) notification to the APCD, 2) an asbestos survey conducted by a Certified Asbestos Inspector, and, 3) applicable removal and disposal requirements of identified ACM. BP BS/PS 3.b.3 Mitigation Measure 3.b.4: Developmental burning of vegetative material is prohibited within San Luis Obispo County. There shall be no developmental burning of vegetation on site. BP BS/PS 3.b.4 Mitigation Measure 4.b.c.1: All construction, structures, permanent fences and grading shall be located beyond the top of bank of the rear drainage feature known as “Perkins Ditch”. There shall be no removal of vegetation surrounding the wetland or drainage feature. An 11 foot setback shall be maintained to the centerline of the drainage ditch according to the proposed site section drawings (MND Attachment 6.) BP BS/PS 4.b.c.1 Mitigation Measure 4.b.c.2: High‐visibility flagging or fencing shall be installed along the top of the bank to ensure that the drainage feature is avoided during construction. Signage will be also installed in association with the flagging/fencing designating the drainage feature as an environmentally sensitive area. All construction activities and personnel shall remain outside of the flagged/fenced area, and flagging/fencing shall be maintained for the duration of construction. BP BS/PS 4.b.c.2 Mitigation Measure 4.b.c.3: No refueling or maintenance of vehicles or equipment shall occur within 100 feet of the drainage feature. BP BS/PS 4.b.c.3 ITEM NUMBER: ITEM NUMBER: 3 DATE: 8-5-14 Conditions of Approval / Mitigation Monitoring Program 10380 El Camino Real PD-7 Master Plan of Development CUP 2014-0282 / ZCH 2014-0173 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure Mitigation Measure 4.b.c.4: Spill clean‐up kits and secondary containment shall be made available and used to prevent spills or leaks from entering the drainage. BP BS/PS 4.b.c.4 Mitigation Measure 4.b.c.5: Appropriate Best Management Practices (e.g., silt fencing, straw wattles, etc.) shall be installed, as necessary, to avoid and/or minimize silt and sedimentation impacts to the drainage feature. BP BS/PS 4.b.c.5 Mitigation Measure 4.b.c.6: Any graded areas shall be stabilized with erosion control hydroseed consisting of native species matching the existing plant species within the tributary stream. The seed and plant material shall not contain any introduced plant species. See biological report for identified plant species. BP BS/PS 4.b.c.6 Mitigation Measure 4.e.1: All tree removals shall be mitigated according to the Atascadero Native Tree Ordinance. Mitigation shall include either replanting on site, or payment of mitigation fees to the Native Tree fund. BP PS 4.e.1 Mitigation Measure 4.e.2: Grading and excavation and grading work shall be consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: 1. All existing trees outside of the limits of work shall remain. 2. Earthwork shall not exceed the limits of the project area. 3. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 4. Vehicles and stockpiled material shall be stored outside the drip line of all trees. 5. All trees within the area of work shall be fenced for protection with 4-foot chain link, snow or safety fencing placed per the approved tree protection plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing shall remain in place until completion of all construction activities. 6. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. BP PS 4.e.2 Mitigation 5.b.1: In the event that archaeological resources are discovered on the property, all work on the project shall stop. When a project will impact an archeological site, the Atascadero Community Development Department shall first determine whether the site is a historical resource. If a lead agency determines that the archaeological site is an historical resource, it shall refer to the Public Resources Code Sections for guidance. If an archaeological resource is neither a unique archaeological nor an historical resource, the effects of the project on those resources shall not be considered a significant effect on the environment. BP/GP PS/BS 5.b.1 Mitigation 5.d.1: In the event that human remains are discovered on the property, all work on the project shall stop and the Atascadero Police Department and the County Coroner shall be contacted. The Atascadero Ongoing PS 5.d.1 ITEM NUMBER: ITEM NUMBER: 3 DATE: 8-5-14 Conditions of Approval / Mitigation Monitoring Program 10380 El Camino Real PD-7 Master Plan of Development CUP 2014-0282 / ZCH 2014-0173 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure Community Development Department shall be notified. If the human remains are identified as being Native American, the California Native American Heritage Commission (NAHC) shall be contacted at (916) 373- 3710 within 24 hours. A representative from listed tribes shall be notified and present during the excavation of any remains. Mitigation Measure 6.b.1: Any grading permit application plans shall include erosion control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval by City Staff at the time of Building Permit application. BP BS/PS 6.b.1 Mitigation Measure 6.b.2: All cut and fill slopes shall be hydro seeded with an appropriate erosion control method (erosion control blanket, hydro-mulch, or straw mulch appropriately anchored) immediately after completion of earthwork. All disturbed slopes shall have appropriate erosion control methods in place. Duration of the project: The contractor will be responsible for the clean-up of any mud or debris that is tracked onto public streets by construction vehicles. BP BS/PS 6.b.2 Mitigation Measure 6.c.d.1: Prior to the issuance of building permits, the applicant will submit a soils report to Building Department. The building plans will be required to follow the recommendations of the soils rep ort to assure safety for residents and buildings. The soils report will ensure that the proposed project site and building location will not be subject to geological events. BP BS/PS 6.c.d.1 Mitigation Measure 9.e.f.1: The developer is responsible for ensuring that all contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop orders. BP BS/PS 9.e.f.1 Mitigation Measure 9.e.2. i) Limit disturbance of creeks and natural drainage feature ii) Minimize compaction of highly permeable soils iii) Limit clearing and grading of native vegetation at the site to the minimum area needed to build the project, allow access, and provide fire protection. iv) Minimize impervious surfaces by concentrating improvements on the least-sensitive portions of the site, while leaving the remaining land in a natural undisturbed state v) Minimize storm water runoff by implementing one of more of the following site design measures: (1) Direct roof runoff into cisterns or rain barrels for reuse (2) Direct roof runoff onto vegetated areas safely away from building foundations and footings, consistent with California Building code (3) Direct runoff from sidewalks, walkways, and/or patios, driveways, and/or uncovered parking lots onto BP BS/PS 9.e.2. ITEM NUMBER: ITEM NUMBER: 3 DATE: 8-5-14 Conditions of Approval / Mitigation Monitoring Program 10380 El Camino Real PD-7 Master Plan of Development CUP 2014-0282 / ZCH 2014-0173 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure vegetated areas safely away from building foundations and footings, consistent with California building code (4) Construct driveways uncovered parking lots, walkways, and patios with permeable surfaces. (Central Coast Water Control Board, 2013) Mitigation Measure 12.d.1: All construction activities shall comply with the City of Atascadero Noise Ordinance for hours of operation. BP BS/PS 12.d.1 Mitigation Measure 16. e.1: The proposed home shall be compliant with Atascadero Fire Department Standards including the appropriate slope of driveway, materials used to construct the driveway (paved), and a required fire turnaround on site. (Atascadero Fire Department) BP BS/PS 16.e.1 ITEM NUMBER: ITEM NUMBER: 3 DATE: 8-5-14 EXHIBIT B: Master Plan of Development (Site Plan) ITEM NUMBER: ITEM NUMBER: 3 DATE: 8-5-14 EXHIBIT C: Statistical Summary of Project ITEM NUMBER: ITEM NUMBER: 3 DATE: 8-5-14 EXHIBIT D: Preliminary Landscape Plan Condition 9: The landscape plan shall be modified to reflect high quality landscape, as required by the Planned Development overlay. A landscape and irrigation plan shall be prepared by a landscape professional and shall be consistent with the Water Efficient Landscape Ordinance. Plant palettes shall include a mixture of drought tolerant trees, shrubs, and ground cover plants. Plant spacing and density shall be adequate to provide complete coverage in all front yards and visible side yards, based on the size and species of plants specified. ITEM NUMBER: ITEM NUMBER: 3 DATE: 8-5-14 EXHIBIT E: Grading and Drainage Plan ITEM NUMBER: ITEM NUMBER: 3 DATE: 8-5-14 EXHIBIT F: Elevations & Floor Plans ITEM NUMBER: ITEM NUMBER: 3 DATE: 8-5-14 EXHIBIT G: Site Sections ITEM NUMBER: ITEM NUMBER: 3 DATE: 8-5-14 ATTACHMENT 7: Draft Resolution PC 2014-0017 TPM 2014-0101 Vesting Tentative Parcel Map DRAFT RESOLUTION PC 2014-0017 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE VESTING TENTATIVE PARCEL MAP 2014-0101, A FOUR LOT SUBDIVISION CONSISTENT WITH A PD- 7 MASTER PLAN OF DEVELOPMENT ON APN 056-383-021 (10380 El Camino Real / Michaud) WHEREAS, an application has been received from Leo Michaud (8090 Cristobal Ave. Atascadero, CA 93422), Applicant and Property Owner, to consider a project consisting of a Zone Change from RMF-10 (Residential Multi-Family-10) to RMF-10/PD-7 (Residential Multi- Family-10 with Planned Development Overlay #7) with the adoption of a Master Plan of Development and a four lot Tentative Parcel Map on APN 056-383-021; and, WHEREAS, the site’s General Plan Designation is MDR (Medium-Density Residential); and, WHEREAS, the site’s current Zoning District is RMF-10 (Residential Multi-Family-10); and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2014-0006 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 laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Tentative Tract Map application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said application; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on August 5, 2014, studied and considered Tentative Parcel Map 2014-0101, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project; and, ITEM NUMBER: ITEM NUMBER: 3 DATE: 8-5-14 NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings of Approval for Tentative Parcel Map, the Planning Commission of the City of Atascadero finds as follows: 2. The proposed subdivision, design and improvements as conditioned, is consistent with the General Plan and applicable zoning requirements. 3. The proposed subdivision, as conditioned, is consistent with the proposed Planned Development Overlay District #7 Master Plan of Development (CUP 2014-0282). 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. Covenants, Conditions and Restrictions (CC&R’s) shall be required that incorporate the planned development conditions of approval to ensure that the site retains the qualities (architecture, colors, materials, street amenities, fencing, and landscaping) over time. 9. The proposed subdivision design and type of improvements proposed will not be detrimental to the health, safety, or welfare of the general public. SECTION 2. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on August 5, 2014, resolved to recommend that the City Council approve Tentative Parcel Map (TPM 2014-0101) subject to the following: 1. Exhibit A: Vesting Tentative Parcel Map 2014-0101 2. Exhibit B: Conditions of Approval / Mitigation Monitoring Program. ITEM NUMBER: ITEM NUMBER: 3 DATE: 8-5-14 BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Commissioner ______________________, and seconded by Commissioner _________________________, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA ______________________________ Dennis Schmidt Planning Commission Chairperson Attest: ______________________________ Warren M. Frace Planning Commission Secretary ITEM NUMBER: ITEM NUMBER: 3 DATE: 8-5-14 Exhibit A: Vesting Tentative Parcel Map 2014-0101 ITEM NUMBER: ITEM NUMBER: 3 DATE: 8-5-14 Exhibit B: Conditions of Approval / Mitigation Monitoring Program Tentative Parcel Map 2014-0101 Conditions of Approval / Mitigation Monitoring Program 10380 El Camino Real Tentative Parcel Map TPM 2014-0101 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure Planning Services 1. The approval of this Tentative Parcel Map shall not become final and effective following approval of Zone Change 2014-0173 and CUP 2014-0282. FM PS 2. Approval of this Tentative Parcel Map shall be valid for two years after its effective date. At the end of the period, the approval shall expire and become null and void unless an extension of time is granted pursuant to a written request received prior to the expiration date. FM PS 3. The Community Development Department shall have the authority to approve minor changes to the project that (1) result in a superior site design or appearance, and/or (2) address a design issue that is not substantive to the Tentative Parcel Map and that the Final Map is in substantial conformance with the Tentative Map. FM PS 4. The Parcel Map shall be subject to additional fees for park or recreation purposes (QUIMBY Act) as required by City Ordinance. FM PS 5. The granting of this entitlement shall apply to the property located at 10380 El Camino Real (APN 056-383-021) regardless of owner. On going PS 6. The subdivider shall defend, indemnify, and hold harmless the City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the subdivision. FM PS 7. The Final Map shall be drawn in substantial conformance with the approved tentative map, and in compliance with all conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City’s Subdivision Ordinance. FM PS 8. Affordable Housing Requirement: The applicant shall either designate one unit as moderate-income unit, deed-restricted for a 30-year period, or pay an in-lieu fee of 5% of the valuation of the four market rate units. Deed restriction shall be recorded concurrent with final map, or in-lieu fees shall be paid at time of building permit issuance. FM, BP PS, CE 10. A deed notification shall be recorded on Lot 4 to notify the property owner of the City easement for maintenance of the drainage feature, and to notify the property owner of the Department of Fish and Wildlife FM PS ITEM NUMBER: ITEM NUMBER: 3 DATE: 8-5-14 Conditions of Approval / Mitigation Monitoring Program 10380 El Camino Real Tentative Parcel Map TPM 2014-0101 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure jurisdictional boundaries of the wetland area. 11. An easement shall be dedicated and recorded on favor of the adjacent parcel to the south (APN 056-383-022) to allow shared access of the interior driveway along the property line of the subject parcel at APN 056-383-021. If the adjacent property develops in the future, it shall be permitted to utilize the 20-foot driveway on the subject parcel for shared access. FM PS 12. Prior to Final Map, the applicant shall submit CC&Rs for review and approval by the City Engineer, City Attorney, and Community Development Department. The CC&R’s shall record with the Final Map and shall include the following: a. Provisions for maintenance of all common areas including access, fire turn around, street trees, fencing and landscaping. b. The CC&R’s shall state that all exterior colors, exterior materials, yard fencing, and site landscaping shall be consistent with the overall master plan of development. c. A detailed list of each individual homeowner’s responsibilities for maintenance of the individual units. d. Individual unit’s responsibility for keeping all trash receptacles behind fences at rear side yards. e. A provision for review and approval by the City Community Development Department for any changes to the CC&R’s that relate to the above requirements prior to the changes being recorded or taking effect. BP PS 13. The emergency services and facility maintenance costs listed below shall be 100% funded by the project in perpetuity. The service and maintenance costs shall be funded through a community facilities district established by the City at the developer's cost. The funding mechanism must be in place prior to or concurrently with acceptance of the final maps. The funding mechanism shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any final map. The administration of the above mentioned funds shall be by the City. Developer agrees to participate in the community facilities district and to take all steps reasonably required by the City with regard to the establishment of the district and assessment of the property.  All Atascadero Police Department service costs to the project.  All Atascadero Fire Department service costs to the project. FM PS ITEM NUMBER: ITEM NUMBER: 3 DATE: 8-5-14 Conditions of Approval / Mitigation Monitoring Program 10380 El Camino Real Tentative Parcel Map TPM 2014-0101 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure  Off-site common City of Atascadero park facilities maintenance service costs related to the project 14. All tract maintenance costs listed below shall be 100% funded by the project in perpetuity. The service and maintenance cost shall be funded through a maintenance agreement or Home Owners Association established by the developer subject to City approval. The maintenance agreement or HOA shall be approved by the City Attorney, City Engineer and Administrative Services Director, must be in place prior to, or concurrently with acceptance of any final maps. The administration of the above mentioned funds, and the coordination and performance of maintenance activities, shall be the responsibility of the Home Owners Association, or the individual property owners as outlined in the maintenance agreement.  All streets, sidewalks, shared driveways, shared and sewer mains within the project.  All drainage facilities and detention basins.  All common landscaping areas, street trees, parkway planters, manufactured slopes outside private yards, and other similar facilities.  All frontage landscaping, street trees and sidewalks along arterial roads, including the El Camino Real frontage FM PS City Engineer Standard Conditions 1. All public improvements shall be designed and constructed in conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings and/or as directed by the City Engineer. FM/FO PW 2. In the event that the applicant is allowed to bond for the public improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. FM PW 3. 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. FM PW 4. The Subdivision Improvement Agreement shall record concurrently with the Final Map. FM PW 5. An Encroachment Permit shall be obtained prior to the issuance of building permit. BP PW ITEM NUMBER: ITEM NUMBER: 3 DATE: 8-5-14 Conditions of Approval / Mitigation Monitoring Program 10380 El Camino Real Tentative Parcel Map TPM 2014-0101 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure 6. A six (6) foot Public Utility Easement (PUE) shall be provided contiguous to the El Camino Real property frontage. FM PW 7. The applicant is responsible for the relocation and/or alteration of any existing utilities that need to be relocated. BP PW 8. The applicant shall install all new utilities (water, gas, electric, cable TV and telephone) underground from the point of connection established by the public utility provider. Utilities shall be extended to the property line frontage of each lot or its public utility easement. BP PW 9. The applicant shall monument all property corners for construction control and shall promptly replace them if disturbed. FM PW 10. The applicant shall acquire title interest in any off-site land that may be required to allow for the construction of the public 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. FM PW 11. Slope easements shall be provided, as needed, to accommodate cut or fill slopes. FM PW 12. Drainage easements shall be provided, as needed, to accommodate both public and private drainage facilities. FM PW 13. A preliminary subdivision guarantee shall be submitted for review in conjunction with the processing of the parcel map. FM PW 14. All existing and proposed utility, pipeline, open space, or other easements are to be shown on the parcel map. If there are building or other restrictions related to the easements, they shall be noted on the parcel map. The applicant shall show all access restrictions on the parcel map. FM PW 15. The Final Map shall be acceptable to the City Surveyor or City Engineer prior to the map being placed on the agenda for City Council acceptance. FM PW 16. 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. FM PW ITEM NUMBER: ITEM NUMBER: 3 DATE: 8-5-14 Conditions of Approval / Mitigation Monitoring Program 10380 El Camino Real Tentative Parcel Map TPM 2014-0101 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure 17. 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. FM PW 18. Prior to recording the parcel map, the applicant shall pay all outstanding plan check/inspection fees. FM PW 19. Prior to recording the parcel map, the applicant shall complete all improvements required by these conditions of approval. FM PW 20. 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 FM PW 21. Prior to the final inspection of any public improvements, the applicant shall submit as-built drawings and a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans. BP PW 22. Prior to the final inspection, the applicant shall submit a written certification from a registered civil engineer or land surveyor that all survey monuments have been set as shown on the final map. BP PW City Engineer Project Conditions 23. Driveway approaches shall be constructed in accordance with City standards and shall include a 4-foot wide unobstructed pedestrian sidewalk around the approach. If necessary, applicant shall supply public pedestrian easement to allow for 4-foot wide unobstructed pedestrian sidewalk. FM/BP PW 24. All sewer laterals serving buildings where the finish floor is less than 12-inches above the next upstream manhole shall be fitted with a backflow prevention device. FM/BP PW 25. The project plan submittal shall include a detailed hydrology report addressing storm water run-off for the pre- and post-development (on-site). The analysis shall be prepared consistent with City and State standards for storm water detention/retention and treatment to the satisfaction of the City Engineer. FM/BP PW ITEM NUMBER: ITEM NUMBER: 3 DATE: 8-5-14 Conditions of Approval / Mitigation Monitoring Program 10380 El Camino Real Tentative Parcel Map TPM 2014-0101 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure 26. The project shall be designed in compliance with the Cities post- construction drainage standards and specifications and in accordance with stormwater regulations/orders adopted by the State of California (effective March 6, 2014). Projects that propose 2,500 sq. ft. or more of impervious surface area shall prepare a stormwater analysis demonstrating how the proposed design is capable of supporting the water management zone criteria and post- construction performance requirements prior to submittal of construction documents. FM/BP PW 27. Stormwater detention/retention as well as water quality shall conform to the City and State requirements. FM/BP PW 28. New water facilities and services shall be designed and constructed in accordance with the requirements of the Atascadero Mutual Water Company. FM/BP PW 29. Wastewater discharge shall conform to City requirements and shall connect to a public sewer main, to the satisfaction of the City Engineer. FM/BP PW 30. Wastewater fees shall be paid prior to issuance of building permits. FM/BP PW Mitigation Measures Mitigation Measure 1.d. 1: All lighting shall be designed to eliminate any off site glare. All exterior site lights shall utilize full cut-off, “hooded” lighting fixtures to prevent offsite light spillage and glare. Any luminaire pole height shall not exceed 12-feet in height, limit intensity to 2.0 foot candles at ingress /egress. No light shall be permitted to spill off-site. Fixtures shall be shield cut-off type. BP BS/PS 1.d.1 Mitigation Measure 3.b.1: The project shall be conditioned to comply with all applicable District regulations pertaining to the control of fugitive dust (PM-10) as contained in Section 2 “Assessing and Mitigating Construction Impacts.” 2.3.1 Standard Mitigation Measures for Construction Equipment  Maintain all construction equipment in proper tune according to manufacturer’s specifications;  Fuel all off-road and portable diesel power equipment with ARB certified motor vehicle diesel fuel (non-taxed version suitable for use off-road);  Use diesel construction equipment meeting ARB’s Tier 2 certified engines or cleaner off-road heavy duty diesel engines, and comply with State off-Road Regulations;  Use on-road heavy duty trucks that meet ARB’s 2007 or cleaner certification standard for on-road heavy duty diesel engines, and comply with State On-Road Regulation; BP BS/PS 3.b.1 ITEM NUMBER: ITEM NUMBER: 3 DATE: 8-5-14 Conditions of Approval / Mitigation Monitoring Program 10380 El Camino Real Tentative Parcel Map TPM 2014-0101 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure  Construction or trucking companies with fleets that do not have engines in their fleet that meet the engine standards identified in the above two measures (e.g. captive or NOx exempt area fleets) may be eligible by proving alternative compliance;  All on and off-road diesel equipment shall not idle for more than 5 minutes. Signs shall be posted in the designated queuing areas and or job sites to remind drivers and operators of the 5 minute idling limit;  Diesel idling within 1,000 feet of sensitive receptors is not permitted;  Staging and queuing areas shall not be located within 1,000 feet of sensitive receptors;  Electrify equipment when feasible;  Substitute gasoline-powered in place of diesel-powered equipment, where feasible; and  Use alternatively fueled construction equipment on- site where feasible, such as compressed natural gas (CNG), liquefied natural gas (LNG), propone or biodiesel. 2.4 Fugitive Dust Mitigation Measures: Expanded List A. Reduce the amount of the disturbed areas where possible; B. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non-potable) water should be used whenever possible; C. All dirt stock pile areas should be sprayed daily as needed; D. Permanent dust control measures identified in the approved project revegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities; E. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading should be sown with a fast germinating, non-invasive grass seed and water until vegetation is established; F. All disturbed soil area not subject to revegetation should be stabilized using approved chemical soil binder, jute netting, or other methods approved in advance by the APCD; G. All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used; H. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site; I. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114; ITEM NUMBER: ITEM NUMBER: 3 DATE: 8-5-14 Conditions of Approval / Mitigation Monitoring Program 10380 El Camino Real Tentative Parcel Map TPM 2014-0101 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure J. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment leaving the site; K. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible; L. All of these fugitive dust mitigation measures shall be shown on grading and building plans; M. The contractor or builder shall designate a person or person to monitor the fugitive dust emissions and enhance the implementation of the measures as necessary to minimize dust complains, reduce visible emission below 20% opacity, and to prevent transport of dust offsite. Their duties shall include holidays and weekend periods when work may not be in progress. The name and telephone number of such persons shall be provided to the APCD Compliance Division prior to the start of any grading, earthwork or demolition. Mitigation Measure 3.b.2: The project shall be conditioned to comply with all applicable APCD regulations pertaining to Naturally Occurring Asbestos (NOA). Prior to any grading activities a geologic evaluation should be conducted to determine if NOA is present within the area that will be disturbed. If NOA is not present, and exemptions request must be filed with the District. If NOA is found at the site, the applicant must comply with all requirements outlined in the Asbestos ATCM. This may include development of an Asbestos Dust Mitigation Plan and an Asbestos Health and Safety program for approval by the APCD. Technical Appendix 4.4 of the SLO County APCD CEQA Air Quality Handbook includes a map of zones throughout San Luis Obispo County where NOA has been found and geological evaluation is required prior to any grading. BP BS/PS 3.b.2 Mitigation Measure 3.b.3: The project shall be conditioned to comply with all applicable APCD regulations pertaining to demolition. Demolition activities can have potential negative air quality impacts, including issues surrounding proper handling, demolition, and disposal of asbestos containing material (ACM). Asbestos containing materials could be encountered during demolition of existing buildings or can also be found in utility pipes/pipelines (transite pipes or insulation on pipes). If utility pipelines are scheduled for removal or relocation or a building(s) is proposed to be removed or renovated, various regulatory requirements may apply, including the requirements stipulated in the National Emission Standard for Hazardous Air Pollutants (40CFR61, Subpart M - asbestos NESHAP). These requirements include but are not limited to: 1) notification to the APCD, 2) an asbestos survey conducted by a Certified Asbestos Inspector, and, 3) applicable removal and disposal requirements of identified ACM. BP BS/PS 3.b.3 Mitigation Measure 3.b.4: Developmental burning of vegetative material is prohibited within San Luis Obispo County. There shall be no BP BS/PS 3.b.4 ITEM NUMBER: ITEM NUMBER: 3 DATE: 8-5-14 Conditions of Approval / Mitigation Monitoring Program 10380 El Camino Real Tentative Parcel Map TPM 2014-0101 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure developmental burning of vegetation on site. Mitigation Measure 4.b.c.1: All construction, structures, permanent fences and grading shall be located beyond the top of bank of the rear drainage feature known as “Perkins Ditch”. There shall be no removal of vegetation surrounding the wetland or drainage feature. An 11 foot setback shall be maintained to the centerline of the drainage ditch according to the proposed site section drawings (MND Attachment 6.) BP BS/PS 4.b.c.1 Mitigation Measure 4.b.c.2: High‐visibility flagging or fencing shall be installed along the top of the bank to ensure that the drainage feature is avoided during construction. Signage will be also installed in association with the flagging/fencing designating the drainage feature as an environmentally sensitive area. All construction activities and personnel shall remain outside of the flagged/fenced area, and flagging/fencing shall be maintained for the duration of construction. BP BS/PS 4.b.c.2 Mitigation Measure 4.b.c.3: No refueling or maintenance of vehicles or equipment shall occur within 100 feet of the drainage feature. BP BS/PS 4.b.c.3 Mitigation Measure 4.b.c.4: Spill clean‐up kits and secondary containment shall be made available and used to prevent spills or leaks from entering the drainage. BP BS/PS 4.b.c.4 Mitigation Measure 4.b.c.5: Appropriate Best Management Practices (e.g., silt fencing, straw wattles, etc.) shall be installed, as necessary, to avoid and/or minimize silt and sedimentation impacts to the drainage feature. BP BS/PS 4.b.c.5 Mitigation Measure 4.b.c.6: Any graded areas shall be stabilized with erosion control hydroseed consisting of native species matching the existing plant species within the tributary stream. The seed and plant material shall not contain any introduced plant species. See biological report for identified plant species. BP BS/PS 4.b.c.6 Mitigation Measure 4.e.1: All tree removals shall be mitigated according to the Atascadero Native Tree Ordinance. Mitigation shall include either replanting on site, or payment of mitigation fees to the Native Tree fund. BP PS 4.e.1 Mitigation Measure 4.e.2: Grading and excavation and grading work shall be consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: 1. All existing trees outside of the limits of work shall remain. 2. Earthwork shall not exceed the limits of the project area. 3. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 4. Vehicles and stockpiled material shall be stored outside the drip line of all trees. 5. All trees within the area of work shall be fenced for protection BP PS 4.e.2 ITEM NUMBER: ITEM NUMBER: 3 DATE: 8-5-14 Conditions of Approval / Mitigation Monitoring Program 10380 El Camino Real Tentative Parcel Map TPM 2014-0101 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure with 4-foot chain link, snow or safety fencing placed per the approved tree protection plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing shall remain in place until completion of all construction activitie s. 6. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. Mitigation 5.b.1: In the event that archaeological resources are discovered on the property, all work on the project shall stop. When a project will impact an archeological site, the Atascadero Community Development Department shall first determine whether the site is a historical resource. If a lead agency determines that the archaeological site is an historical resource, it shall refer to the Public Resources Code Sections for guidance. If an archaeological resource is neither a unique archaeological nor an historical resource, the effects of the project on those resources shall not be considered a significant effect on the environment. BP/GP PS/BS 5.b.1 Mitigation 5.d.1: In the event that human remains are discovered on the property, all work on the project shall stop and the Atascadero Police Department and the County Coroner shall be contacted. The Atascadero Community Development Department shall be notified. If the human remains are identified as being Native American, the California Native American Heritage Commission (NAHC) shall be contacted at (916) 373- 3710 within 24 hours. A representative from listed tribes shall be notified and present during the excavation of any remains. Ongoing PS 5.d.1 Mitigation Measure 6.b.1: Any grading permit application plans shall include erosion control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval by City staff at the time of Building Permit application. BP BS/PS 6.b.1 Mitigation Measure 6.b.2: All cut and fill slopes shall be hydro seeded with an appropriate erosion control method (erosion control blanket, hydro - mulch, or straw mulch appropriately anchored) immediately after completion of earthwork. All disturbed slopes shall have appropriate erosion control methods in place. Duration of the project: The contractor will be responsible for the clean-up of any mud or debris that is tracked onto public streets by construction vehicles. BP BS/PS 6.b.2 Mitigation Measure 6.c.d.1: Prior to the issuance of building permits, the applicant will submit a soils report to Building Department. The building plans will be required to follow the recommendations of the soils report to assure safety for residents and buildings. The soils report will ensure that the proposed project site and building location will not be subject to geological events. BP BS/PS 6.c.d.1 ITEM NUMBER: ITEM NUMBER: 3 DATE: 8-5-14 Conditions of Approval / Mitigation Monitoring Program 10380 El Camino Real Tentative Parcel Map TPM 2014-0101 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure Mitigation Measure 9.e.f.1: The developer is responsible for ensuring that all contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop orders. BP BS/PS 9.e.f.1 Mitigation Measure 9.e.2. ii) Limit disturbance of creeks and natural drainage feature iii) Minimize compaction of highly permeable soils iv) Limit clearing and grading of native vegetation at the site to the minimum area needed to build the project, allow access, and provide fire protection. v) Minimize impervious surfaces by concentrating improvements on the least-sensitive portions of the site, while leaving the remaining land in a natural undisturbed state vi) Minimize storm water runoff by implementing one of more of the following site design measures: (1) Direct roof runoff into cisterns or rain barrels for reuse (2) Direct roof runoff onto vegetated areas safely away from building foundations and footings, consistent with California Building code (3) Direct runoff from sidewalks, walkways, and/or patios, driveways, and/or uncovered parking lots onto vegetated areas safely away from building foundations and footings, consistent with California Building Code. (4) Construct driveways uncovered parking lots, walkways, and patios with permeable surfaces. (Central Coast Water Control Board, 2013) BP BS/PS 9.e.2. Mitigation Measure 12.d.1: All construction activities shall comply with the City of Atascadero Noise Ordinance for hours of operation. BP BS/PS 12.d.1 Mitigation Measure 16. e.1: The proposed home shall be compliant with Atascadero Fire Department Standards including the appropriate slope of driveway, materials used to construct the driveway (paved), and a required fire turnaround on site. (Atascadero Fire Department) BP BS/PS 16.e.1 T:\- 14 PLNs\PLN 2014-1499 - 10380 ECR PD 7_Michaud\PLN 2014-1499. PD 7.PC-SR.ct.doc