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HomeMy WebLinkAboutPC_2014-08-19_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 19, 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 19, 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 AUGUST 5, 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).) 2. PLN 2014-1510, VARIANCE, PRECISE PLAN AND TREE REMOVAL FOR 7130 SERENA COURT Property Owner/Applicant: Michael & Deborah A Shuford, PO Box 414, Atascadero, CA 93423 Certified Arborist: Cory Meyer, 7345 Pinal Ave., Atascadero, CA 93422 Project Title: PLN 2014-1510 / PPN 2014-0258 / VAR 2014-0018 Project Location: 7130 Serena Court, Atascadero California 93422 (San Luis Obispo County) APN: 029-105-038 Project Description: Applicant is seeking a variance to the Atascadero Municipal Code Section 9 -9-4.160, which requires the installation of frontage roads with construction of a new single family residential unit. The applicant is requesting relief from the requirement to cons truct the Pinal Avenue road frontage, due the fact that Pinal Avenue is not constructed within this area, and the project does not take access off this frontage. The road right -of-way will be maintained for possible future access. A Precise Plan application has been submitted for a new 1,830 square foot single-family residence located at 7130 Serena Court. The grading plan proposes 1,650 cubic yards of cut and 900 cubic yards of fill. 1 (one) Blue Oak and 2 (two) Valley Oaks tree are proposed for removal, and shall be mitigated according to the Atascadero Native Tree Ordinance. The Mitigated Negative Declaration is proposed for certification by the Planning Commission. Zoning: Residential Single-Family (RSF-Y) City of Atascadero Planning Commission Agenda Regular Meeting, August 19, 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 September 2, 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. General Plan Designation: Single-Family Residential (SFR-Y) 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 7/31/14 through 8/19/14 at 6500 Palma Avenue, Community Development Department from 8:30 a.m. to 5:00 p.m. Monday through Thursday. Staff Recommendation: Staff recommends the Planning Commission adopt PC Resolution 2014-0013 certifying the Mitigated Negative Declaration and approving the Variance and tree removals, based on findings. City of Atascadero Planning Commission Agenda Regular Meeting, August 19, 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 8/5/14 Page 1 of 4 CITY OF ATASCADERO PLANNING COMMISSION DRAFT ACTION MINUTES Regular Meeting – Tuesday, August 5, 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 7:02 p.m. and Commissioner Bentz led the Pledge of Allegiance. ROLL CALL Present: Commissioners Anderson, Bentz, Colamarino, Wolff, Vice Chairperson Dariz, and Chairperson Schmidt Absent: Commissioner Cooper (excused absence) Others Present: Recording Secretary Annette Manier Staff Present: Community Development Director Warren Frace Deputy Director of Public Works David Athey Senior Planner Callie Taylor APPROVAL OF AGENDA MOTION: By Commissioner Bentz and seconded by Commissioner Anderson to approve the agenda. Motion passed 6:0 by a roll-call vote. PUBLIC COMMENT None PLANNING COMMISSION BUSINESS None ITEM NUMBER: ITEM NUMBER: 1 DATE: 8-19-14 PC Draft Action Minutes of 8/5/14 Page 2 of 4 CONSENT CALENDAR 1. APPROVAL OF ACTION MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON JUNE 17, 2014. 2. APPROVAL OF ACTION MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON JULY 15, 2014 MOTION: By Commissioner Bentz and seconded by Commissioner Colamarino to approve the consent calendar. Motion passed 6:0 by a roll-call vote. COMMUNITY DEVELOPMENT STAFF REPORTS NONE PUBLIC HEARINGS 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) 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. PC Draft Action Minutes of 8/5/14 Page 3 of 4 EX PARTE COMMUNICATIONS Commissioners Anderson and Vice Chairperson Dariz stated they reviewed this project at the Design Review Committee (DRC) meeting on May 28, 2014. Senior Planner Taylor gave the staff report, explained that this project went to the DRC on May 28, 2014. Senior Planner Taylor and Deputy Director Athey answered questions from the Commission. Commissioner Bentz clarified that on Page 14, last paragraph, the word “distant” should be replaced with the word “distinct.” Staff agreed. PUBLIC COMMENT The following people spoke during public comment: Frank Henderson, and Mary Sall. Frank Henderson and staff answered questions that arose during public comment. Chairperson Schmidt closed the Public Comment period. MOTION: By Commissioner Bentz and seconded by Vice Chairperson Dariz to adopt PC Resolution PC 2014-0014 recommending that the City Council certify proposed Mitigated Negative Declaration 2014-0006 prepared for Zone Change 2014-0173, Conditional Use Permit 2014-0282, and Tentative Parcel Map 2014-0101. Motion passed 6:0 by a roll-call vote. By Commissioner Bentz and seconded by Vice Chairperson Dariz to adopt PC Resolution PC 2014-0015 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 at 10380 El Camino Real. Motion passed 6:0 by a roll-call vote. 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. PC Draft Action Minutes of 8/5/14 Page 4 of 4 By Commissioner Bentz and seconded by Vice Chairperson Dariz to adopt PC Resolution PC 2014-0016 recommending that the City Council approve Conditional Use Permit 2014-0282 (Master Plan of Development) on APN 056-383-021 at 10380 El Camino Real, subject to Conditions of Approval and mitigation monitoring, with a change in Condition 7 to eliminate the requirement for recessed windows. Motion passed 6:0 by a roll-call vote. By Commissioner Bentz and seconded by Vice Chairperson Dariz to adopt PC Resolution PC 2014-0017 recommending that the City Council approve Vesting Tentative Parcel Map 2014-0101 a four lot subdivision consistent with a PD7 Master Plan of Development on APN 056-383-021 at 10380 El Camino Real, subject to Conditions of Approval and mitigation monitoring. Motion passed 6:0 by a roll-call vote. COMMISSIONER COMMENTS AND REPORTS Chairperson Schmidt asked about status on items he brought up at the last meeting. Director Frace answered question in regards to the Ice Skating rink, the snow cone vendor at the rink, propane sales and banner signs at 2850 El Camino Real, and Springhill Suites construction status. DIRECTORS REPORT Director Frace gave a report on the Walmart project, status on Public Works Department Director position, 3F Meadows project, the Halcon Road project, and the cardroom ordinance. ADJOURNMENT – 7:50 p.m. The next regular meeting of the Planning Commission is scheduled for August 19, 2014, at 7:00 p.m. at City Hall, Council Chambers, 6500 Palma Avenue, Atascadero. MINUTES PREPARD BY: _____________________________ Annette Manier, Recording Secretary Atascadero Planning Commission Staff Report - Community Development Department Alfredo R. Castillo, AICP, Assistant Planner, 470-3436, acastillo@atascadero.org Sarah Wood, Planning Intern, 470-3480, swood@atascadero.org PLN 2014-1510 / VAR 2014-0018 / PPN 2014-0258 Variance Frontage Road Construction Requirement 7130 Serena Court (Shuford) RECOMMENDATION: Adopt PC Resolution 2014-0013 approving Variance PLN 2014-1510 / VAR 2014- 0018, waiving the frontage road improvement requirements for 7130 Serena Court, based on findings that there are special circumstances applicable to the property. REPORT-IN-BRIEF: Applicant is seeking a variance to the Atascadero Municipal Code Section 9-9- 4.160 requiring the installation and maintenance of a frontage road associated with construction of a new single-family residential unit. A Variance is a limited exception to the usual requirements of the City’s Zoning Ordinance. The required justification for a Variance is that the owner would suffer a unique hardship under the City’s ordinance because their particular property is different from others to which the same regulation applies due to its size, shape, topography, location, or surroundings, consistent with California Government Code §6509. For the Planning Commission to approve a Variance, the Commission must make four (4) required findings, for consistency with California Government Code §6509. If the Commission cannot make all the required findings, then it should deny the Variance. A Variance must not grant a “special privilege” inconsistent with the limitation of other nearby properties. ITEM NUMBER: 2 DATE: 8-19-14 Situation and Facts 1. Property Owner/Applicant: Michael & Deborah A Shuford, PO Box 414, Atascadero, CA 93423 2. Representative: Corey Jordan, Palomar Homes, 902 21st Street, Paso Robles, CA 93446 3. Project Address: 7130 Serena Court, Atascadero, CA 93422 APN 029-105-038 4. General Plan Designation: Single-Family Residential (SFR-Y) 5. Zoning District: Residential Single-Family (RSF-Y) 6. Site Area: 1.3 acres 7. Existing Use: Vacant 8. Environmental Status: CEQA Mitigated Negative Declaration #2014-0005. DISCUSSION: Background: In 2010, the applicant first proposed the construction of a manufactured home and detached carport associated with BLD 2010 -09041. The project included two (2) plan check reviews and completion of a precise plan for construction of a 1,620 square foot (sf) manufactured home and a detached 400 sf carport. In 2014, the applicant revised the project. The applicant is now proposing a 1,791 sf single-family residence with an attached 448 sf garage and porch. The applicant’s site plan has been deemed complete, and a required California Environmental Quality Act (CEQA) twenty (20) day public review is ongoing. The applicant has applied for a Variance because both the Project Engineer and City Engineer have determined construction of Serena Road in this locatio n infeasible. As a part of this hearing, the Planning Commission will certify the Mitigated Negative Declaration (MND). Surrounding Land Use and Setting: North: Single-Family Residential (SFR-Y) South: Single-Family Residential (SFR-Y) East: Single-Family Residential (SFR-Y) West: Single-Family Residential (SFR-Y) Summary: Staff has reviewed an application for construction of a single -family residence 1,791 sf in size with an attached 448 sf garage and porch on average slopes greater than 10 percent and over 500 cubic yards (CU3) of grading. Staff reviewed for consistency with current City Zoning Code as well as the California Building Code. The City’s Zoning Ordinance contains a specific section on the requirements and development standards for streets associated for development projects (AMC Section 9-4.160). The City’s Zoning Ordinance contains specific language on frontage road improvements and maintenance which are outlined and analyzed in this staff report. Figure 1: Aerial– 7130 Serena Court Project Site 7130 Serena Court Atascadero Shared access drive Serena Road Improvements to be waived. Atascadero Municipal Code Section 9-4.160 Street Frontage Improvements The intended requirement is to ensure responsibility for street construction and maintenance for frontage roads accessing the property, specifically for the development of new single-family residents and non-residential projects. The applicant is requesting a Variance from this standard because the 100+/- feet of frontage on Serena Court/Pinal Avenue is in an area where no parts of the street exist due to extreme slope conditions. These road alignments were created by the 1913 Atascadero Colony Map, but are infeasible for construction today because of cost and environmental constraints (see figure 5). Pinal Avenue ends approximately 500 feet past the intersection of Escarpa Avenue and does not continue on to connect with Serena Court (see figure 3) which is proposed to be the primary access point for the Single-Family Residence. The property owner to the West of the property currently maintains private driveway access along their parcel’s portion of Pinal Avenue. In addition, access via Serena is seen as environmentally superior and less degrading than proposing the construction of access via Pinal, thus making it difficult and unnecessary for the applicant to meet the fronta ge road requirements. If the 100 feet of road were improved, it would have no function or purpose since it is unlikely to ever be connected to Pinal Ave. The installation and maintenance of asphalt road paving, asphalt berm and drainage facilities shall be constructed along the frontage of a development project (residential subdivision, commercial, industrial, individual residential lots, etc.) as follows: a) Frontage Street Construction. If the frontage street is not improved or paved along the development project frontage, the developer will be required to construct one-half (1/2) width plus ten (10) feet to the City of Atascadero Engineering Standards. Figure 5: Slope Map Shared driveway access Project Site 7130 Serena Court Atascadero Serena Road Improvements to be waived. Figure 2: PM 44-15 with new 7130 Serena Single Family Residence Proposed driveway with fire turnaround New building footprint End of Pinal Un-built Road Figure 3: Road Map Project Site 7130 Serena Court Atascadero Shared access drive Built Road Serena Court Improvements to be waived. Private driveway for APN 028-221-006 Analysis: Atascadero Municipal Code Section 9-1.113 governs the processing and findings required to approve a Variance from the Zoning Code. A Variance is a limited exception to the usual requirements of the City’s Zoning Ordinance. The required justification for a Variance is that the owner would surfer a unique hardship under the City’s Zoning Ordinance because their particular property is different from others to which the same regulation applies due to its size, shape, topography, location, or surroundings, consistent with California Government Code §6509 . The City’s Municipal Code contains four (4) findings that must be made to determine if the variance satisfies the requirements of California Government Code §6509. The Planning Commission must make all the required findings to grant or [deny] a variance. Atascadero Municipal Code Section 9-1.113 (2) (i) The variance authorized does [does not] constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zoning district in which such property is situated: and (ii) There are [no] special circumstances applicable to the property, including size, shape, topography, location, or surroundings, and because of these circumstances, the application of this title would deprive the property of privileges enjoyed by other property in the vicinity and in the same zoning district; and (iii) The variance does not [would] authorize a use which is not otherwise authorized in the zoning district; and (iv) The granting of such variance does not [would], under the circumstances and conditions applied in the particular case, adversely affect the health or safety of persons, is not materially detrimental to the public welfare, nor injurious to nearby property or improvements. The property is subject to conform to the Zoning Ordinance . The applicant is requesting a Variance or relief from the frontage road installation requirements because the construction of the frontage road is considered unnecessary. If the Variance is approved, the Planning Commission would not be approving the abandonment of the right-of-way and the dedication of the right-of-way would remain. The only way to abandon a roadway is through an a pplication and approval by the City Council. Although staff is in support of reliving requirements of frontage requirements, the City wants to maintain the dedicated right-of-way to remain for future usage such as trails, emergency access, etc. Approval or denial of the Variance will not have a bearing on approval and construction of the single-family residential home. If the Variance is denied, the applicant will be required to provide frontage improvements along Pinal Ave. Variance Findings: The following are the findings required for granting a variance and staff’s comments. (i) The Variance authorized does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zoning district in which such property is situated: and Staff Comment: The Variance request does not constitute a grant of special privilege that is inconsistent with the limitation upon other properties in the vicinity and zoning district. The applicant is required to construct one-half (1/2) width plus ten (10) feet to the City of Atascadero Engineering Standards . If the applicant complies with this requirement, they would be constructing a road that does not connect to an established publicly accessed road and that connection is never expected to occur. Therefore, this makes the limitations of this requirement uniquely challenging. (ii) There are special circumstances applicable to the property, including size, shape, topography, location, or surroundings, which would, upon application of this title, deprive the property of privileges enjoyed by other properties in the vicinity and in the same zoning district; or Access to 7130 Serena 7130 Serena Site Figure 4: 7130 Serena Aerial Illustrating Constructed Roads Private driveway Staff Comment: There are special circumstances to the property. The characteristics associated with the applicant’s property including its size, shape, topography, and surroundings are similar to those in the neighborhood. As previously mentioned, there is a lack of a connection to the remainder of Pinal Avenue that would prevent the applicant’s construction of roadway frontage from being useful. In addition, due to the steep topography over 30% of the property and surrounding area, intensive grading would be necessary to meet requirements for a suitable road. The property’s neighbor currently maintains a private driveway access on their portion of Pinal Avenue, which may complicate approval of the construction of a Pinal Avenue access point for the property. (iii) The Variance would not authorize a use which is not otherwise allowed in the zoning district; or Staff Comment: This is an allowed use (SFR) consistent with Municipal Code 9-3.180. (iv) The granting of such Variance does not, under the circumstances and conditions applied in the particular case, adversely affect the health or safety of persons, be materially detrimental to the public welfare, or be injurious to nearby property or improvements. Staff Comment: The new single-family residence located on 7130 Serena Court will be accessed by the same side road that is also used by its neighbor located on APN 029-105-037. The applicant will provide a fire turnaround that requires approval from the Fire Department prior to building permit issuance. Environmental Determination: The Initial Study concluded that there would be no signif icant harm to the environment as a result of this permit, when mitigation measures are implemented. A proposed MND has been prepared for the project and certification of the MND 2014-0005 is included in draft PC Resolution 2014-0013. Areas of concern related to the construction of the new residence included the removal of 3 (three) native trees totaling 43-inches DBH, however, all removals were less than 24-inches DBH, the threshold required for Planning Commission to consider the removals. Another area requiring examination was the grading that is necessary for completion of the project on slopes greater than 10%. Although with incorporated mitigations, the impacts of the project were found to be less than significant. CONCLUSION: Based on staff analysis, the requested Variance meets all the required findings for approval for consistency with California Government Code §6509. Staff recommends approval of the Variance, based on findings. Approval or denial of the Variance will not have a bearing on approval and construction of the single-family residential home. If the Variance is denied, the applicant will be required to provide frontage improvements along Pinal Ave. ALTERNATIVES: 1. The Commission may determine that more information is needed on s ome 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. 2. The Commission may deny the Variance by not making all the required four (4) findings for approval of the Variance. ATTACHMENTS: Attachment 1: Zoning Map Attachment 2: Site Plan Attachment 3: Site Photos Attachment 4: Slope Map Attachment 5: Draft PC Resolution 2014-0013 Attachment 1: Zoning Map Property General Plan Designation: SFR Zoning: RSF-Y 7130 Serena L/REC RSF-Y/SFR-Y RMF- 20/HDR RR/RR RMF-10/MDR Pinal Avenue Attachment 2: Site Plan Attachment 3: Site Photos Rear of Property Example of steep grade of property View looking Southwest from Property View looking North from Property Attachment 4: Slope Map Shared driveway access Project Site 7130 Serena Court Atascadero Serena Court Improvements to be waived. ATTACHMENT 5: Draft Resolution PC 2014-0013 Variance DRAFT RESOLUTION PC 2014-0013 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING PLN 2014-1510 / VARIANCE 2014-0018 TO EXEMPT THE REQUIREMENT OF FRONTAGE ROAD INSTALLATION AT 029-105-038 7130 SERENA COURT (SHUFORD/PALOMAR HOMES) WHEREAS, an application has been received from Property Owner/Applicant, Michael and Deborah A Shuford (P.O. Box 414, Atascadero, CA 93423), to consider a Variance (VAR 2014-0018) to exempt the requirement of frontage road installation; and, WHEREAS, the site’s General Plan Designation is Single-Family Residential (SFR- Y); and, WHEREAS, the site’s Zoning is Single-Family Residential (RSF-Y); and, WHEREAS, a Variance is required to exempt the requirement of frontage road installation; 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, Pinal Avenue has not been constructed West of Escarpa Avenue due to extreme slope conditions that make future construction extremely unlikely; and, WHEREAS, the frontage of 7130 Serena Court is less than 100 feet in length, does not connect to any existing street improvements, and does not provide access to the subject property; and, WHEREAS the Planning Commission of the City of Atascadero held a public hearing on August 19, 2014 to consider the Initial Study and Proposed Mitigated Negative Declaration; and WHEREAS, a timely and properly noticed Public Hearing upon the subject Variance 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 Variance for an exception to the Atascadero Municipal Code (AMC) 9-4.160, Street Frontage Improvements; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on August 19, 2014, studied and considered the Variance 2014-0018, and, NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Certification of Mitigated Negative Declaration the Planning Commission of the City of Atascadero, hereby certifies Mitigated Negative Declaration 2014-005 based on the following findings: 1. The Mitigated Negative Declaration has been completed in compliance with requirements of the California Environmental Quality Act; and, 2. The project does not have the potential to degrade the environment when mitigation measures are incorporated into the project; and, 3. The project will not achieve short-term to the disadvantage of long-term environmental goals when mitigation measures are incorporated into the project; and, 4. The project does not have impacts which are individually limited, but cumulatively considerable when mitigation measures are incorporated into the project; and, 5. The project will not cause substantial adverse effects on human beings either directly or indirectly when mitigation measures are incorporated into the project. SECTION 2. Findings for approval of Variance. The Planning Commission finds as follows: 1. The variance authorized does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zoning district in which such property is situated; and, 2. There are special circumstances applicable to the property, including size, shape, topography, location, or surroundings, and because of these circumstances, the application of this title would deprive the property of privileges enjoyed by other property in the vicinity and in the same zoning district; and, 3. The variance does not authorize a use which is not otherwise authorized in the zoning district; and, 4. The granting of such variance does not, under the circumstances and conditions applied in the particular case, adversely affect the health or safety of persons, is not materially detrimental to the public welfare, nor injurious to nearby property or improvements. SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on August 19, 2014, resolved to approve Variance 2014-0018, subject to the following: EXHIBIT A: Initial Study and Mitigated Negative Declaration 2014-0005 EXHIBIT B: Pinal Slope Map EXHIBIT C: Site Plan On motion by __________, and seconded by _________ the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO, CA _________________________________________ Dennis Schmidt Planning Commission Chairperson ATTEST: ___________________________________ Warren Frace Planning Commission Secretary EXHIBIT A: Initial Study and Mitigated Negative Declaration PLN 2014-1510 / VAR 2014-0018 7130 Serena Court Please See Next Page CITY OF ATASCADERO PROPOSED MITIGATED NEGATIVE DECLARATION #2014-005 6500 Palm Avenue Atascadero, CA 93422 805/461-5035 Findings: 1. The project does not have the potential to degrade the environment. 2. The project will not achieve short-term goals to the disadvantage of long-term environmental goals and policies. 3. The project does not have impacts which are individually limited, but cumulatively considerable. 4. The project will not cause substantial adverse effects on human beings either directly or indirectly. Determination: Based on the above findings, and the information contained in the Initial Study PLN 2014-1510 / PPN 2014-0258 (made a part hereof by reference and on file in the Community Development Department), it has been determined that the above project will not have an adverse impact on the environment when the following mitigation measures are incorporated into the project (see attachment). Prepared By: Sarah Wood, Planning Intern Date Posted: July 31 2014 Public Review Ends: August 19, 2014 Attachments - Aerial Map - Grading Plan - Floor Plan - Elevations - Site Photos - National Wetlands Inventory Map - Fire Hazard Risk - FEMA Flood Zone Map - Landslide Risk Map - Liquefaction Risk Map - Fault Line Map - EnviroStor Map - Airport Location Relative to Project Site - Tsunami Inundation Risk - Initial Study 2014-005 Property Owner/Applicant: Michael & Deborah A Shuford, PO Box 414, Atascadero, CA 93423 Certified Arborist: Cory Meyer, 7345 Pinal Ave., Atascadero, CA 93422 Project Title: PLN 2014-1510 / PPN 2014-0258 / VAR 2014-0018 Project Location: 7130 Serena Court, Atascadero California 93422 (San Luis Obispo County) APN: 029-105-038 Project Description: Applicant is requesting a Precise Plan (PPN) for a new single-family residence located at 7130 Serena Court. The project consists of a 1,830 square foot dwelling, a 455 square foot attached garage, and a 50 square foot porch. The project requires a Variance for the exemption of frontage road construction along Pinal Avenue (VAR 2014-0018). Additionally, the project has a proposed cut of 1,650 cubic yards with 900 cubic yards of fill. The project requires further environmental review consistent with the California Environmental Quality Act (CEQA) based on aesthetics, agricultural and forest resources, air quality, hydrology/water quality, and noise. Zoning: Residential Single-Family (RSF-Y) General Plan Designation: Single-Family Residential (SFR-Y) CITY OF ATASCADERO INITIAL STUDY 07/30/14 Initial Study-7130 Serena ENVIRONMENTAL CHECKLIST FORM Environmental Review 2014-005 Lead Agency Name and Address: City of Atascadero 6500 Palma Avenue, Atascadero, CA 93422 Contact Person and Phone Number: Sarah Wood, Planning Intern / Alfredo R. Castillo, AICP, Planner City of Atascadero, Phone: (805) 470-3470 / (805) 470-3436 General Plan Designation: Single-Family Residential (SFR-Y) Zoning: Residential Single-Family (RSF-Y) Surrounding Land Uses and Setting East: SFR-Y North: SFR-Y South: SFR-Y West: SFR-Y Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement) None Property Owner/Applicant: Michael & Deborah A Shuford, PO Box 414, Atascadero, CA 93423 Certified Arborist: Cory Meyer, 7345 Pinal Ave., Atascadero, CA 93422 Project Title: PLN 2014-1510 / PPN 2014-0258 / VAR 2014-0018 Project Location: 7130 Serena Court, Atascadero California 93422 (San Luis Obispo County) APN: 029-105-038 Project Description: Applicant is requesting a Precise Plan (PPN) for a new single-family residence located at 7130 Serena Court. The project consists of a 1,830 square foot dwelling, a 455 square foot attached garage, and a 50 square foot porch. The project requires a Variance for the exemption of frontage road construction along Pinal Avenue (VAR 2014-0018). Additionally, the project has a proposed cut of 1,650 cubic yards with 900 cubic yards of fill. The project requires further environmental review consistent with the California Environmental Quality Act (CEQA) based on aesthetics, agricultural and forest resources, air quality, hydrology/water quality, and noise. Zoning: Residential Single-Family (RSF-Y) General Plan Designation: Single-Family Residential (SFR-Y) CITY OF ATASCADERO INITIAL STUDY 07/30/14 Initial Study-7130 Serena Attachment 1 Aerial Map Project Site: 7130 Serena Atascadero Serena Serena CITY OF ATASCADERO INITIAL STUDY 07/30/14 Initial Study-7130 Serena Attachment 2 Grading Plan CITY OF ATASCADERO INITIAL STUDY 07/30/14 Initial Study-7130 Serena Attached 3 Floor Plan CITY OF ATASCADERO INITIAL STUDY 07/30/14 Initial Study-7130 Serena Attachment 4 Elevations CITY OF ATASCADERO INITIAL STUDY 07/30/14 Initial Study-7130 Serena CITY OF ATASCADERO INITIAL STUDY 07/30/14 Initial Study-7130 Serena Attachment 5 Pictures of Project Site View from 7130 Serena Court CITY OF ATASCADERO INITIAL STUDY 07/30/14 Initial Study-7130 Serena View from Rear of Property CITY OF ATASCADERO INITIAL STUDY 07/30/14 Initial Study-7130 Serena View looking Southwest from Property CITY OF ATASCADERO INITIAL STUDY 07/30/14 Initial Study-7130 Serena View looking North from Property CITY OF ATASCADERO INITIAL STUDY 07/30/14 Initial Study-7130 Serena Attachment 6 National Wetlands Inventory Map Project Site: 7130 Serena, Atascadero CITY OF ATASCADERO INITIAL STUDY 07/30/14 Initial Study-7130 Serena Attachment 7 Fire Hazard Risk CITY OF ATASCADERO INITIAL STUDY 07/30/14 Initial Study-7130 Serena Attachment 8 FEMA Flood Zone Map CITY OF ATASCADERO INITIAL STUDY 07/30/14 Initial Study-7130 Serena Attachment 9 Landslide Risk CITY OF ATASCADERO INITIAL STUDY 07/30/14 Initial Study-7130 Serena Attachment 10 Liquefaction Risk CITY OF ATASCADERO INITIAL STUDY 07/30/14 Initial Study-7130 Serena Attachment 11 Fault Line Map Project Site 7130 Serena, Atascadero CITY OF ATASCADERO INITIAL STUDY 07/30/14 Initial Study-7130 Serena Attachment 12 Department of Toxic Substances Control: EnviroStor Project Site: 7130 Serena Atascadero CITY OF ATASCADERO INITIAL STUDY 07/30/14 Initial Study-7130 Serena Attachment 13 Airport Location Relative to Project Site 7130 Serena Court, Atascadero Paso Robles Airport- Land Use Plan Boundaries (2005) CITY OF ATASCADERO INITIAL STUDY 07/30/14 Initial Study-7130 Serena Attachment 14 Tsunami Inundation Risk Project Site 7130 Serena Court Atascadero CITY OF ATASCADERO INITIAL STUDY 07/30/14 Initial Study-7130 Serena Exhibit A Mitigation Monitoring Program PLN 2014-1510 / VAR 2014-0018 Timing FM: Final Map GP: Grading Permit BP: Building Permit 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 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 20-feet in height, limit intensity to 2.0 foot candles at ingress /egress, and otherwise 0.6 fo ot candle minimum to 1.0 maximum. No light shall be permitted to spill off -site. Fixtures shall be shield cut-off type. Avoid wall mount fixtures at rear. BP BS/PS 1.d.1 Mitigation Measure 3.b.1: The project shall be conditioned to comply with all District regulations pertaining to the control of fugitive dust (PM-10) as contained in Section 2 “Assessing and Mitigating Construction Impacts.” BP BS/PS 3.b.1 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 Developmental burning of vegetative material is prohibited within San Luis Obispo County. BP BS/PS 3.b.3 Mitigation Measure 4.e.1: Prior to the issuance of a building permit, the applicant will submit a Tree Protection Plan prepared by a Certified Arborist. Tree protection fencing shall be installed at locations identified in the Tree Protection plan. An inspection of the tree fencing shall be done by City staff prior to issuance of building permits. BP BS/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 twenty feet of construction 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. BP BS/PS 4.e.2 CITY OF ATASCADERO INITIAL STUDY 07/30/14 Initial Study-7130 Serena Exhibit A Mitigation Monitoring Program PLN 2014-1510 / VAR 2014-0018 Timing FM: Final Map GP: Grading Permit BP: Building Permit 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. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. 7. Utilities such as water, gas, power, cable, storm drainage, and sewer should be redirected from under the canopy of any trees that are to remain. 8. Where a building is placed within the canopy of a tree the foundation should be redesigned so that it bridges across any root systems. 9. Any foundation or other structure that encroaches within the drip line of trees to be saved shall be dug by hand. 10. At no time shall tree roots be ripped with construction equipment. Mitigation Measure 4.e.3: The developer shall contract with a certified arborist during all phases of project implementation. The certified arborists shall be responsible for monitoring the project during all phases of construction through project completion, as follows: (a) A pre-construction meeting shall take place on site with engineering /planning staff, grading equipment operators, project superintendent, and the project arborist to review the project conditions and requirements prior to any grubbing or earth work for any portion of the project site. All tree protection fencing and trunk protection shall be installed for inspection prior to the meeting. Tree protection fencing shall be installed at the line of encroachment into the tree’s root zone area. The pre-construction meeting shall take place prior to permit issuance. (b) Upon project completion and prior to final occupancy a final status report shall be prepared by the project arborist certifying that the tree protection plan was implemented, the trees designated for protection were protected during construction, and the construction -related tree protection measures are no longer required for tree protection. BP BS/PS 4.e.3 Mitigation Measure 4.e.4: All utilities shall be located underground, and avoid the drip line of trees whenever feasible. BP PS 4.e.4 Mitigation Measure 4.e.5: If grading is to occur, erosion control hydro seed/slope stabilization shall consist of native species matching the existing plant species within the tributary stream. The seed and plant material shall not contain any introduced plant species. BP PS 4.e.5 Mitigation Measure 4.e. 6: Fourteen (14) native deciduous trees will be planted for the proposed tree removals. The project arborist will review the proposed locations of the mitigation plantings to ensure best rate of survival. BP PS 4.e.6 CITY OF ATASCADERO INITIAL STUDY 07/30/14 Initial Study-7130 Serena Exhibit A Mitigation Monitoring Program PLN 2014-1510 / VAR 2014-0018 Timing FM: Final Map GP: Grading Permit BP: Building Permit 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 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) 653 - 4082 within 24 hours. A representative from both the Chumash Tribe and the Salinan Tribe shall be notified and present during the excavation of any remains. Ongoing PS 5.d.1 Mitigation Measure 6.a.1: Prior to the issuance of building permits, the applicant will submit a soils report to building department. The soils report will ensure that the proposed project site and building location will not be subject to geological events. BP CE 6.a.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 of the City Engineer 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, h ydro- 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 CITY OF ATASCADERO INITIAL STUDY 07/30/14 Initial Study-7130 Serena Exhibit A Mitigation Monitoring Program PLN 2014-1510 / VAR 2014-0018 Timing FM: Final Map GP: Grading Permit BP: Building Permit 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 6.c.d.1: A soils report shall be required to be submitted with a building permit by the building department. The building plans will be required to follow the recommendations of the soils report to assure safety for residents and buildings. The property contains no unusual geological formations. 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. a. Limit disturbance of creeks and natural drainage feature b. Minimize compaction of highly permeable soils c. Limit clearing and grading of native vegetation at the site to the minimum area needed to build the project, all ow access, and provide fire protection. d. Minimize impervious surfaces by concentrating improvements on the least-sensitive portions of the site, while leaving the remaining land in a natural undisturbed state e. 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 CITY OF ATASCADERO INITIAL STUDY 07/30/14 Initial Study-7130 Serena ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. Aesthetics Agriculture and Forest Resources Air Quality Biological Resources Cultural Resources Geology /Soils Greenhouse Gas Emissions Hazards & Hazardous Materials Hydrology / Water Quality Land Use / Planning Mineral Resources Noise Population / Housing Public Services Recreation Transportation/Traffic Utilities / Service Systems Mandatory Findings of Significance On the basis of this initial evaluation: I find that the proposed project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared. I find that although the proposed project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. I find that the proposed project MAY have a “potentially significant effect” or “potentially significant unless mitigated” impact on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed. I find that although the proposed project could have a significant effect on the environment, there WILL NOT be a significant effect in this case because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. ` 7-30-2014 ` Sarah Wood Date Planning Intern CITY OF ATASCADERO INITIAL STUDY 07/30/14 Initial Study-7130 Serena EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simpl y does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2) All answers must take account of the whole action involved, including off -site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, and then the checklist answers must indicate whether the impact is potentially significant, less than significant with m itigation, or less than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less than significant level (mitigation measures from "Earlier Analyses," as described in (5) below, may be cross-referenced). 5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief discussion should identify the following: a) Earlier Analysis Used. Identify and state where they are available for review. b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable lega l standards, and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document should, where appropriate, include a reference to the page or pages where the statement is substantiated. 7) Supporting Information Sources: A sourc e list should be attached, and other sources used or individuals contacted should be cited in the discussion. 8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should normally address the questions from this checklist that are relevant to a project's environmental effects in whatever format is selected. 9) The explanation of each issue should identify: a) the significance criteria or threshold, if any, used to evaluate each question; and b) the mitigation measure identified, if any, to reduce the impact to less than significance . CITY OF ATASCADERO INITIAL STUDY 07/30/14 Page 26 Initial Study-7130 Serena Initial Study 2014-005 PLN 2014-1510 / PPN 2014-0258 / VAR 2014-0018 7130 Serena Court Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact 1. AESTHETICS -- Would the project: a) Have a substantial adverse effect on a scenic vista? b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? c) Substantially degrade the existing visual character or quality of the site and its surroundings? d) Create a new source of substantial light or glare that would adversely affect day or nighttime views in the area? SOURCES: Project Description, Site Plan, Elevation Drawings, California Department of Transportation, FEIR, 2002 DISCUSSION: 1.a. The proposed project does not obsc ure a designated scenic vista. Scenic vistas are described as landscapes, “visible to a large number of people. In addition, resources visible to recreating persons are considered of higher scenic value, as opposed to views enjoyed by persons commuting to work or other daily activities. (FEIR, 2002) As the property is lesser in size and the majority is shielded from public streets and recreating areas, it cannot be determined to obscure a “scenic vista”. 1.b. The proposed project is not within a state scenic highway, according to the California Department of Transportation. 1.c. The proposed project is within the character of the surrounding area. The new home will be bordered by other Single Family Residences to the Northeast and West. A Regional Employment center lies toward the Southwest. Reference Attachment 1 of the most current aerial of project site an d Attachment 5 with photos taken from the project site. 1.d. A new single family residence at this location is not expected to generate substantial light or glare. All proposed lighting will be residential in nature. Project conditions will require any lighting at this site to be designated to elimina te off site glare. Mitigation Measure 1.d. 1: All lighting shall be designed to eliminate any off s ite 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 20-feet in height, limit intensity to 2.0 foot candles at ingress /egress, and otherwise 0.6 foot candle minimum to 1.0 maximum in parking areas. No light shall be permitted to spill off -site. Fixtures shall be shield cut-off type. Avoid wall mount fixtures at rear of building, except at exits 2. AGRICULTURAL AND FOREST RESOURCES -- In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservati on as an optional model to use in assessing impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are significant environmental effects, lead agencies may refer to information compiled by the California Department of Forestry and Fire Protection regarding the state’s inventory of forest land, including the Forest and Range Assessment Project and the Forest Legacy Assessment project; and the forest carbon measurement methodology provided in the Forest Protocols adopted by the California Air Resources Board. Would the project: a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non- agricultural use? CITY OF ATASCADERO INITIAL STUDY 07/30/14 Page 27 Initial Study-7130 Serena Initial Study 2014-005 PLN 2014-1510 / PPN 2014-0258 / VAR 2014-0018 7130 Serena Court Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined in Public Resources Code Section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))?? d) Result in the loss of forest land or conversion of forest land to non-forest use? e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of farmland to non-agricultural use or conversion of forest land to non-forest use? SOURCES: Site Plan, Department of Conservation, Atascadero General Plan DISCUSSION 2.a. The property is not shown on the maps prepared pursuant to the Farmland Mapping an d Monitoring Program of the California Resources Agency as prime farmland. 2.b. The property is not in an agricultural zone and is not under a Williamson Act contract. 2.c. The project does not involve rezoning of forest land or timberland. 2.d.e.. The project will not result in a loss of forest land and will not result in a conversion of forest land to non-forest use or farmland to non-agricultural uses. 3. AIR QUALITY -- Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? SOURCES: Air Pollution Control District (APCD) CEQA Air Quality Handbook, 2012; Project Description, Site Plan DISCUSSION: 3. a.c.) According to the Operational Screening Criteria for Project Air Quality Analysis (SLOAPCD, 2012), Single Family Housing would have to be at or over 68-70 dwelling units in order to be expected to exceed the APCD Annual GHG Bright Line Threshold, as well as the APCD Daily Ozone Precursor Significance Threshold. Therefore no significant impacts were found. CITY OF ATASCADERO INITIAL STUDY 07/30/14 Page 28 Initial Study-7130 Serena Initial Study 2014-005 PLN 2014-1510 / PPN 2014-0258 / VAR 2014-0018 7130 Serena Court Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact 3.b.) Construction activities, including site grading, have the potential to produce small quantities of air pollution that include dust and equipment exhaust. Air quality impacts from construction will be temporary and short term. The project shall be conditioned to comply with all applicable APCD regulations pertaining to the control of fugitive dust (PM-10) as showed in Section 2 “Assessing and Mitigating Construction Impacts” of the April 2012 CEQA Air Quality Handbook. 3.d.e) The construction of the Single Family Residence will not concentrate pollutants or create objectionable odors. 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.” 2.4 Fugitive Dust Mitigation Measures: Short 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. 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; E. All of these fugitive dust mitigation measures shall be shown on grading and building plans; F. 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 n ame 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. Mitigation Measure 3.b.2: Developmental burning of vegetative material is prohibited within San Luis Obispo County. 4. BIOLOGICAL RESOURCES -- Would the project: a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, or regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected CITY OF ATASCADERO INITIAL STUDY 07/30/14 Page 29 Initial Study-7130 Serena Initial Study 2014-005 PLN 2014-1510 / PPN 2014-0258 / VAR 2014-0018 7130 Serena Court Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coasta l, etc.) through direct removal, filling, hydrological interruption, or other means? d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? SOURCES: Atascadero Native Tree Regulations; General Plan 2025; Site Plan, Site Visit, National Wetland Inventory DISCUSSION: 4.a. During a site visit, it was determined that no sensitive species were located near the project site. 4.b. Using the National Wetland Inventory Map provided by the U.S. Fish and Wildlife Service, it was deter mined that there is no riparian habitat within the project site. Refer to Attachment 6. 4.c. The latest National Wetland Inventory Map provided by the U.S. Fish and Wildlife Service indicated that there are no wetlands on the project site as defined by Section 404 of the Clean Water Act. Refer to Attachment 6. 4.d. The Land Use Element EIR concludes that development within the City limits will not have a significant impact on wildlife or wildlife corridors. 4.e An Arborist Report and Tree Protection Plan have been submitted. The total number of native trees proposed for removal is 1 (one) Blue Oak, and 2 (two) Valley Oaks. The arborist report and tree protection plan is consistent with the Atascadero Native Tree Ordinance. Fourteen (14) native deciduous trees will be planted as mitigation for the proposed tree removals. The project arborist will review the proposed locations of the mitigation plantings to ensure best rate of survival. 4.f. The proposed project is not located in an area that will conflic t with an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan. . Mitigation Measure 4.e.1: Prior to the issuance of a building permit, the applicant will submit a T ree Protection Plan prepared by a Certified Arborist. Tree protection fencing shall be installed at locations identified in the Tree Protection plan. An inspection of the tree fencing shall be done by City staff prior to issuance of building permits. 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 twenty feet of construction 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. 7. Utilities such as water, gas, power, cable, storm drainage, and sewer should be redirected from under the canopy of any trees that are to remain, where feasible. 8. Where a building is placed within the canopy of a tree the foundation should be redesigned so that it CITY OF ATASCADERO INITIAL STUDY 07/30/14 Page 30 Initial Study-7130 Serena Initial Study 2014-005 PLN 2014-1510 / PPN 2014-0258 / VAR 2014-0018 7130 Serena Court Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact bridges across any root systems. 9. Any foundation or other structure that encroaches within the drip line of trees to be saved shall be dug by hand. 10. At no time shall tree roots be ripped with construction equipment. Mitigation Measure 4.e.3: The developer shall contract with a certified arborist during all phases of project implementation. The certified arborists shall be responsible for monitoring the project during all phases of construction through project completion, as follows: (a) A pre-construction meeting shall take place on site with engineering /planning staff, grading equipment operators, project superintendent, and the project arborist to review the project conditions and requirements prior to any grubbing or earth work for any portion of the project site. All tree protection fencing and trun k protection shall be installed for inspection prior to the meeting. Tree protection fencing shall be installed at the line of encroachment into the tree’s root zone area. The pre-construction meeting shall take place prior to permit issuance. (b) Upon project completion and prior to final occupancy a final status report shall be prepared by the project arborist certifying that the tree protection plan was implemented, the trees designated for protection were protected during construction, and the construction-related tree protection measures are no longer required for tree protection. Mitigation Measure 4.e.4: All utilities shall be located underground and avoid the drip line of trees whenever feasible. Mitigation Measure 4.e.5: If grading is to occur, erosion control hydroseed/slope stabilization shall consist of native species matching the existing plant species within the tributary stream. The seed and plant material shall not contain any non native plant species. Mitigation Measure 4.e.6.: Fourteen (14) native deciduous trees will be planted for the proposed tree removals. The project arborist will review the proposed locations of the mitigation plantings to ensure best rate of survival. 5. CULTURAL RESOURCES -- Would the project: a) Cause a substantial adverse change in the significance of a historical resource as defined in '15064.5? b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to '15064.5? c) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? _____________________________________________________________________________________________ SOURCES: Project description; Site Plan, CEQA Guidelines Sections 15060 to 15065, Atascadero City GIS Data, Site Visit DISCUSSION: 5.a. There are no known historic resources loca ted on or adjacent to the site based on GIS data collected by the City of Atascadero. 5.b. There are no known archaeological resources located on o r adjacent to the project site based on City GIS data that identifies area of archaeological significance. 5. c. Paleontological resources or unique geologic features are not known to be located on the project site based on City GIS data. 5. d. No known human remains have been found or documented in the vicinity of the project, however grading may unearth remains. Mitigation is proposed to make this impact less than significant. CITY OF ATASCADERO INITIAL STUDY 07/30/14 Page 31 Initial Study-7130 Serena Initial Study 2014-005 PLN 2014-1510 / PPN 2014-0258 / VAR 2014-0018 7130 Serena Court Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact 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. 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. 6. GEOLOGY AND SOILS -- Would the project: a) Expose people or structures to potential substantial adverse effects, including the risk of loss, injury, or death involving: i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? iii) Seismic-related ground failure, including liquefaction? iv) Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? SOURCES: Project description; Site Plan, City of Atascadero GIS Data DISCUSSION: 6.a. The City of Atascadero GIS Data shows that the project is not located on any known earthquake faults, an d the property contains no unusual geological formations. However, the liquefaction and landslide risks were noted as CITY OF ATASCADERO INITIAL STUDY 07/30/14 Page 32 Initial Study-7130 Serena Initial Study 2014-005 PLN 2014-1510 / PPN 2014-0258 / VAR 2014-0018 7130 Serena Court Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact moderate, but are determined to be less than significant with mitigations . Refer to Attachments 9, 10, and 11. 6.b. Construction activities on the site will be required to comply with sedimentation and erosion control measures prescribed by the Project Engineer and consistent with state regulations . 6.c.d.e. Soil conditions will be reviewed during building permit review in accordance in accordance with the municipal code. Soils report is required for submittal with a future building permit by the development. The building plans will be required to following the recommendations of the soil report to assure safety of the buildings. Implementation of mitigation measures reduce this impact to a less than significant impact. Mitigation Measure 6.a.1: Prior to the issuance of building permits, the applicant will submit a soils report to Building Department. The soils report will ensure that the proposed project site and building location will not be subject to geological events. 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. 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) immediatel y after completion of earthwork. All disturbed slopes shall have appropriate erosion control methods in place. Dur ation 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. Mitigation Measure 6.c.d.1: A soils report shall be required to be submitted with a building per mit by the building department. The building plans will be required to follow the recommendations of the soils report to assure safety for residents and buildings. The property contains no unusual geological formations. 7. GREENHOUSE GAS EMISSIONS -- Would the project: a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? b) Conflict with any applicable plan, policy or regulation of an agency adopted for the purpose of reducing the emissions of greenhouse gases? SOURCES: Project description, Site Plan, San Luis Obispo County Air Pollution Control District (APCD) CEQA Air Quality Handbook, 2012; Atascadero Climate Action Plan, General Plan 2025, 2014 DISCUSSION: 7.a. The project will not generate greenhouse gas emission directly or indirectly that will have a significan t impact on the environment. The proposed project is a single family residential unit, and will not generate more than 1,150 metric tons per year (MT/yr) of CO2e; ORr 4.9 MT CO2e/service population (SP)/yr (residents + employees2). 7.b. The General Plan anticipates a single-family residence to be constructed on the subject parcel. The new residence is consistent with City and regional plans, policies, and regulations, regarding reduction of emissions of greenhouse ga ses. The proposed project is consistent with adopted 2014 Climate Action Plan (CAP). Proposed project applicants/owners are encouraged to reduce GHG emissions through voluntary measures such as exceeding Title 24, etc. 8. HAZARDS AND HAZARDOUS MATERIALS -- Would the project: a) Create a significant hazard to the public or the environment through the routine transport, use, or disposal CITY OF ATASCADERO INITIAL STUDY 07/30/14 Page 33 Initial Study-7130 Serena Initial Study 2014-005 PLN 2014-1510 / PPN 2014-0258 / VAR 2014-0018 7130 Serena Court Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c) Emit hazardous emissions or handle haza rdous or acutely hazardous materials, substances, or waste within one- quarter mile of an existing or proposed school? d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code Section 65962.5 and, as a result, would it create a significant hazard to the public or the environment? e) For a project located within an airport land use plan area or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people living or working in the project area? f) For a project within the vicinity of a private airstrip, would the project result in a safety hazard for people living or working in the project area? g) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? h) Expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? SOURCES: Project description; General Plan Land Use Element, Department of Toxic Substances Control: EnviroStor. GIS DISCUSSION 8a.b.c. The proposed single family residence does not generate or involve use of significant amounts of hazardous materials. There are no known hazardous materials on the site or nearby according to Department of Toxic Substances Control: EnviroStor. See Attachment 8. 8.d. The property is not a listed hazardous material site based on the EnviroStor map. 8e.f. The property is not near an airport. See Attachment 9. 8g.h. Although GIS determines the site has a high fire severity level, t he site is within the Fire Department’s five minute or less response area. During building permit review, the fire departme nt will verify appropriate fire hydrant locations consistent with California Building Code, all new residential structures require installation of a fire suppression system. The implementation of these measures makes this impact less than significant. Mitigation Measure: No applicable mitigation measures 9. HYDROLOGY AND WATER QUALITY -- Would the project: a) Violate any water quality standards or waste discharge CITY OF ATASCADERO INITIAL STUDY 07/30/14 Page 34 Initial Study-7130 Serena Initial Study 2014-005 PLN 2014-1510 / PPN 2014-0258 / VAR 2014-0018 7130 Serena Court Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact requirements? b) Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g., the production rate of previously-existing nearby wells would drop to a level that would not support existing land uses or planned uses for which permits have been granted)? c) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, in a manner which would result in substantial erosion or siltation on- or off-site? d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course of a stream or river, or substantially increase the rate or amount of surface runoff in a manner that would result in flooding on- or off-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures that would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? ____________________________________________________________________________________________ SOURCES: Project description, GIS, FEMA Flood Map 08-09-1704V-060700, Site Plan, Resolution No. R3-2013- 0032 Central Coast Water Control Board, California Department of Conservation DISCUSSION: 9a. .The construction of the single family residence will not violate water quality standards. 9b. The project will not deplete ground water supplies. Water will be provided by Atascadero Mutual Water Comp any. 9c.d.f. Construction activities are subject to review for compliance with City drainage and grading regulations. Drainage will not be permitted to create or intensify any hazards for persons or property in the vicinity. 9e. The Central Coast Water Control Board requires reducing pollutant discharges to the Maximum Extent Practicable and preventing storm water discharges from causing or contributing to a violation of receiving water quality standards in all applicable development projects that require approvals and/or permits issued under the Permittee’s planning, building, or other comparable authority. In addition to the following mitigation measures, that applicant also intends to construct an earth swale as well as track straw into newly graded slo pes, or hydro seed with erosion control native seed mix. See Attachment 2. 9.g.h.i. The proposed residence is outside of the 100-year flood hazard area. Refer to Attachment 8. 9.j. The project area is not subject to inundation by a tsunami , according to the California Department of CITY OF ATASCADERO INITIAL STUDY 07/30/14 Page 35 Initial Study-7130 Serena Initial Study 2014-005 PLN 2014-1510 / PPN 2014-0258 / VAR 2014-0018 7130 Serena Court Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact Conservation. See Attachment 14. 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. 9.e.2. The following is to be implemented as a part of building permit issuance: a. Limit disturbance of creeks and natural drainage feature. b. Minimize compaction of highly permeable soils. c. 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. d. Minimize impervious surfaces by concentrating improvements on the least-sensitive portions of the site, while leaving the remaining land in a natural undisturbed state e. Minimize storm water runoff by implementing one of more of the following site design measures: (5) Direct roof runoff into cisterns or rain barrels for reuse. (6) Direct roof runoff onto vegetated areas safely away from building foundations and footings, consistent with California Building code. (7) 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. (8) Construct driveways uncovered parking lots, walkways, and patios with permeable surfaces. (Central Coast Water Control Board, 2013) 10. LAND USE AND PLANNING - Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? SOURCES: Land Use Element; project description; Lot Line Adjustment Map, Atascadero Municipal Code DISCUSSION: 10.a. The project will not physically divide an established community. The proposed project is located away from any established communities. 10.b. The General Plan identifies the proposed home as a compatible use in the Residential Single-Family (RSF-Y) Zone. The proposed use is also consistent with City ordinances that perm it the construction and use of a Single Family Residential unit. The site’s zoning and use is consistent with the General Plan. 10.c. The project is consistent with the open space and conservation policies identified in the General Plan. Mitigation Measure: No applicable mitigation measures 11. MINERAL RESOURCES -- Would the project: a) Result in the loss of availability of a known mineral resource that would be of value to the region and the residents of the state? CITY OF ATASCADERO INITIAL STUDY 07/30/14 Page 36 Initial Study-7130 Serena Initial Study 2014-005 PLN 2014-1510 / PPN 2014-0258 / VAR 2014-0018 7130 Serena Court Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan or other land use plan? SOURCES: Project description; Planning staff site vis it. DISCUSSION: 11.a.b. No mining is proposed as a part of this project. No known mineral resources have been identified in the area. Mitigation Measure: No applicable mitigation measures 12. NOISE -- Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive ground-borne vibration or ground-borne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people living or working in the project area to excessive noise levels? SOURCES: Project description; Noise Element; Noise Ordinance; Acoustical Design Manual. DISCUSSION: 12a.b.c.d. Construction is expected to involve some construction equipment and use of impact tools that make noise. Noise levels on the site are thus expected to be raised temporarily. The future home is not expected to generate unacceptable levels of noise. Any electrical or mechanical equipment used for construction of the proposed project is required to comply with the Atascadero Noise Ordinance, Chapter 14 in the Atascadero Municipal Code. Any permanent change in ambient noise levels that might be created by equipment or equipment shelter mechanical features will be required to be designed to be consistent with the Noise Ordinance. 12.e.f.) The project is not located within an airport land use plan or private airstrip. Refer to Attachment 9. Mitigation Measure 12.d.1: All construction activities shall comply with the City of Atascadero Noise Ordinance for hours of operation. 13. POPULATION AND HOUSING -- Would the project: a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of CITY OF ATASCADERO INITIAL STUDY 07/30/14 Page 37 Initial Study-7130 Serena Initial Study 2014-005 PLN 2014-1510 / PPN 2014-0258 / VAR 2014-0018 7130 Serena Court Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact roads or other infrastructure)? b) Displace substantial numbers of existing housing, necessitating the construction of replacement housing elsewhere? c) Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? _____________________________________________________________________________________________ SOURCES: Project description; General Plan Land Use Element , FEIR. DISCUSSION: 13.a.) One home will be built where the general plan anticipates additional housing. Additional housing units identified by the general plan have been studies by the FEIR, thus making this a less than significant impact. 13.b.c.) No housing or persons will be displaced. Mitigation Measure: No applicable mitigation measures 14. PUBLIC SERVICES -- Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? Police protection? Schools? Parks? Other public facilities? SOURCES: Project description; Land Use Element EIR. DISCUSSION: Development Impact Fees: Development Impact Fees will be required of any new project for which a building permit is issued. The concept of the impact fee program is to fund and sustain improvements which are needed as a result of new development as stated in the General Plan and other policy documents within the fee program. Development Impact Fees fall into the following categories: Drainage Fees; Streets, Road, Bridge Fees; Sewer Fees; Public Safety Fees; and Park Fees, Miscellaneous Fees. In addition, school fees are collected by the Atascadero Unified School District. The amount of impact fees to be paid will be determined at the time of issuance of building permit. Fire and Police: Impact fees are charged for new development, to help pay the cost of providing new facilities to serve the expanding city. The Fire Department of the City of Atascadero has indicated that it will be able to adequately service the proposed project. The applicant shall comply with all requirements of the Fire Department. The City of Atascadero Police Department has also indicated that the proposed project poses no problems to the police to adequately service it. Schools: At build out of the General Plan, the city’s population will overburden the existing school system unless additional classroom space is added. The Atascadero Unified School District charges impact fees to fund additional schools as needed. State law restricts mitigation of school impacts to the levying of these fees and other measures CITY OF ATASCADERO INITIAL STUDY 07/30/14 Page 38 Initial Study-7130 Serena Initial Study 2014-005 PLN 2014-1510 / PPN 2014-0258 / VAR 2014-0018 7130 Serena Court Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact adopted by the school district. Provision of adequate facilities for the population is the responsibility of the school district. Development impact will be assessed by the school district, and collected at the time of building permit issuance for each residential unit. Parks: Project Description (new residences) will / will not increase demand on existing City parks and recreation facilities. The City’s Parks & Recreation Commission is committed to finding ways to continue to provid e parks and other recreational opportunities to city residents as the city expands, thereby addressing cumulative impacts . Other public facilities: The construction of the project is not expected to have significant impacts on any other public facilities. Mitigation Measure: No applicable mitigation measures 15. RECREATION -- a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated?     b) Does the project include recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment? SOURCES: Project description; Parks and Recreation Element. DISCUSSION: 15.a. Residents are expected to use existing parks and recreational facilities, but the numbers are not expected to result in substantial physical deterioration of any facilities. Development impact fees will be collected to bring this impact to less than significant levels. 15.b. The project does not involve construction of recreational facilities. Mitigation Measure: No applicable mitigation measures 16. TRANSPORTATION/TRAFFIC -- Would the project: a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? CITY OF ATASCADERO INITIAL STUDY 07/30/14 Page 39 Initial Study-7130 Serena Initial Study 2014-005 PLN 2014-1510 / PPN 2014-0258 / VAR 2014-0018 7130 Serena Court Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? e) Result in inadequate emergency access? f) Conflict with adopted policies, plans, or programs regarding public transit, bicycle, or pedestrian facilities, or otherwise decrease the performance or safety of such facilities? SOURCES: Land Use Element; Circulation Element; Project Description; ITE Trip Generation Rates (8th edition), Atascadero Fire Department, City of Atascadero Engineering Standards DISCUSSION: 16a.b. The Circulation Element in the Atascadero General Plan identifies policies and programs to address cumulative trips in Atascadero. The projected amount of generated trips approximately is 10 (ten) per day. The project is consistent with polices and mitigations discussed in the Circulation Element. 16.c. No changes will occur to air traffic patterns. 16.d. The proposed project will not substantially increase hazards due to a design feature. 16.e. The proposed project will have adequate emergency through appropriate mit igations. GIS data shows that although the project site has a high fire risk, the site has a less than 5 minutes fire response. 16.f. The proposed project will not affect th e circulation in the area. The home will have no significant impact of the performance of circulation in the area. Mitigation Measure: 16. e. The proposed home must be consistent with Atascadero Fire Department Standards including the appropriate slope of driveway, materials used to construct the driveway (paved), and a required f ire turnaround on site. (Atascadero Fire Department) Atascadero Fire Department must approve driveway and turnaround prior to permit issuance. 17. UTILITIES AND SERVICE SYSTEMS --Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing faci lities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider that serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? f) Be served by a landfill with sufficient permitted capacity to CITY OF ATASCADERO INITIAL STUDY 07/30/14 Page 40 Initial Study-7130 Serena Initial Study 2014-005 PLN 2014-1510 / PPN 2014-0258 / VAR 2014-0018 7130 Serena Court Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact accommodate the project’s solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? SOURCES: Project description; Land Use Element; Hydrology and Water Quality Element DISCUSSION: Water: The Atascadero Mutual Water Company (AMWC) will provide water. All property within the City limits is entitled to water from the AMWC. The project is not expected to require a significant quantity of water for the proposed use. Water is pumped from several portions of the largest underground basin in the county, the Paso Robles Formation, using a series of shallow and deep wells. The water company anticipates that it will be able to meet the city’s needs through build out and beyond: Water demand at build out is estimated to be at 16,000-20,000 acre-feet per year (AFY). The City is projected to have enough water to meet the demand with the approval of the Nacimiento Water Project which has allocated the City an additional 3,000 AFY with a flow rate of 3.48 million gallons per day (mgd). Sewer: The project will be served by City Sewer. Sewer discharge will be handled by an on City sewer connection. The Hydrology and Water Quality Element confirms that the average daily flow of the projected housing need (RHNA) is well within the capacity of the upgraded wastewater treatment system as part of the General Plan Housing El ement. Storm Water. On-site storm water drainage will be managed by the construction of an earth swale, installation of 1 CY rock rip rap slope protection over erosion control fabric, as well as tracking straw into newly graded slopes or hydro seed with erosion control native seed mix. 18. MANDATORY FINDINGS OF SIGNIFICANCE -- a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California his tory or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects that will cause substantial adverse effects on human beings, either directly or indirectly?  d) Does the project have the potential to achieve short-term environmental goals to the disadvantage of long term environmental goals? CITY OF ATASCADERO INITIAL STUDY 07/30/14 Page 41 Initial Study-7130 Serena DISCUSSION: The project site is an undeveloped residential site which is current ly being proposed for a single- family residence, consistent with the General Plan and Zoning Ordinance. The proposed project has been analyzed as required by CEQA and the Atascadero Municipal Code. Project-related impacts have been identified and mitigation measures have been included within the proposal to reduce the effect of the proposed project as described herein. SOURCES: General Plan 2025, City of Atascadero, 2004 California Department of Conservation Zoning Ordinance, part of Municipal Code, City of Atascadero, as amended through March 2012. CEQA Air Quality Handbook, Air Pollution Control District San Luis Obispo County, April 2012 Acoustical Design Manual, Brown-Buntin Associates, 1991 Flood Insurance Map FEMA Flood Map 08-09-1704V-060700, Central coast Water Control Board CEQA Guidelines, Sections 15060 to 15065 City of Atascadero, GIS Data Atascadero Fire Department City of Atascadero Engineering Standards California Department of Toxic Substances Control: Envirostor ITE Trip Generation Rates (8th edition) Atascadero Climate Action Plan 2014 PROJECT SOURCES: Project Description Site Survey Site Plan Elevations Grading/Tree Protection Plan EXHIBIT B: Slope Map PLN 2014-1510 / VAR 2014-0018 Shared driveway access Project Site 7130 Serena Court Atascadero Serena Road Improvements to be waived. EXHIBIT D: Site Plan PLN 2014-1005 / VAR 2014-0018