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Home My WebLink AboutPC_2015-07-21_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, July 21, 2015 – 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 Mark Dariz Vice Chairperson Jan Wolff Commissioner David Bentz Commissioner Duane Anderson Commissioner Jerel Seay Commissioner Charles Bourbeau Commissioner Dennis Schmidt 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, July 21, 2015 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 JULY 7, 2015 2. TIME EXTENSION REQUEST FOR 6500 EL CAMINO REAL (LA PLAZA DEVELOPMENT, PLN 2013-1466) COMMUNITY DEVELOPMENT STAFF REPORTS 3. PLN 2015-1560, TREE REMOVAL PERMIT FOR 1285 COPADO WAY PUBLIC HEARINGS 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 inv ited to 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 th e Commission will discuss the item and take appropriate action(s).) 4. PLN 2015-1548, PRECISE PLAN, TREE REMOVAL PERMIT, AND CERTIFICATION OF MITIGATED NEGATIVE DECLARATION AT 6525 LOMITAS ROAD Property Owner: Susan McIntosh, 1285 Copado Way, Atascadero, CA 93422 Project Title: PLN 2015-1560 / TRP 2015-0187 Certified Arborist: Steven Alvarez, A&T Arborist, PO Box 1311, Templeton, CA 93465 Project Location: 1285 Copado Way, Atascadero, CA 93422 (San Luis Obispo County) APN: 049-104-018 Project Description: The project consists of an application to remove a diseased 49-inch diameter coast live oak tree in the Oak Grove neighborhood. The tree is potentially hazardous. General Plan Designation: Residential Single-Family-X (RSF-X) Zoning District: Single-Family Residential-X (SFR-X) Planned Development #17 overlay (PD17) Staff Recommendation: The Planning Commission approve Planning Commission Resolution A approving Tree Removal Permit (TRP) 2015-0187. Property Owner/Applicant: Donald and Martha Dutcher, 6450 Lomitas Rd., Atascadero, CA 93422 Project Title: PLN 2015-1548 / PPN 2015-0262 / TRP 2015-0184 Construct a single-family dwelling with an attached garage and separate detached garage. Grading and the removal of native trees required for the building pads and driveway. City of Atascadero Planning Commission Agenda Regular Meeting, July 21, 2015 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 ADJOURNMENT The next regular meeting will be on August 4, 2015 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. Project Location: 6525 Lomitas Rd., Atascadero, CA 93422 (San Luis Obispo County) APN: 055-451-018 Project Description: The project consists of an application to construct a 2,136 square foot (SF) single -family home with a 720 SF attached garage and a separate 1,200 SF detached garage. The project will include a circular, 12-foot-wide gravel driveway and an on-site septic system. The project will result in an increase of 8,300 SF of impervious surface. The 3.1 acre lot has a natural grade ranging from 6% to more than 45%. The proposed building pad is located on the flatter area near Lomitas Road, and has a natural grade o f 10-14%. Grading for the project will be approximately 400 cubic yards of cut and 400 cubic yards of fill. The property has hundreds of native oaks trees, four of which are proposed for removal. General Plan Designation: RE Zoning District: RS Proposed Environmental Determination: Based on the Initial Study prepared for the project, a Mitigated Negative Declaration is proposed. The MND is available for public review from 6-29-15 through 7-20-15 at 6500 Palma Avenue, Community Development Department from 8:30 a.m. to 5:00 p.m. Monday through Friday, and on the website at www.atascadero.org/environmentaldocs. Staff Recommendation: The Planning Commission approve Planning Commission Resolution A adopting the corrected Mitigated Negative Declaration for the project, and approve Planning Commission Resolution B authorizing Tree Removal Permit 2015 -0184 to remove two (2) live oak trees totaling 36-inches DBH and two (2) valley oak trees totaling 54 -inches DBH. City of Atascadero Planning Commission Agenda Regular Meeting, July 21, 2015 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 a nd 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 concerning 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 Community Development Department at 470-3402 at least 24 hours prior to the meeting. Digital presentations brought to the meeting should be 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 7/7/15 Page 1 of 4 CITY OF ATASCADERO PLANNING COMMISSION DRAFT ACTION MINUTES Regular Meeting – Tuesday, July 7, 2015 – 7:00 P.M. City Hall Council Chambers 6500 Palma Avenue, Atascadero, California CALL TO ORDER - 7:00 p.m. Chairperson Dariz called the meeting to order at 7:00 p.m. and Commissioner Schmidt led the Pledge of Allegiance. ROLL CALL Present: Commissioners Bentz, Bourbeau, Schmidt, Seay, Vice Chairperson Wolff, and Chairperson Dariz Absent: Commissioner Anderson (excused absence) Others Present: Recording Secretary, Annette Manier Staff Present: Interim Community Development Director, Gary Broad Senior Planner, Callie Taylor APPROVAL OF AGENDA MOTION: By Commissioner Bentz and seconded by Commissioner Schmidt to approve the Agenda. Motion passed 6:0 by a roll-call vote. PUBLIC COMMENT None Chairperson Dariz closed the Public Comment period. PLANNING COMMISSION BUSINESS None ITEM NUMBER: ITEM NUMBER: 1 DATE: 7-21-15 1 PC Draft Action Minutes of 7/7/15 Page 2 of 4 CONSENT CALENDAR 1. APPROVAL OF DRAFT ACTION MINUTES OF MAY 19, 2015 MOTION: By Commissioner Bentz and seconded by Commissioner Schmidt to approve the consent calendar. Motion passed 6:0 by a roll-call vote. COMMUNITY DEVELOPMENT STAFF REPORTS None PUBLIC HEARINGS 2. PLN 2015-1557, CROSSROADS CHURCH AT 5955 CAPISTRANO AVE UNITS A-D Property Owner: Glen R. Lewis, PO Box 1980, Atascadero, CA 93423 Applicant: Roger Williams, Crossroads Church, PO Box 2356, Atascadero, CA 93423 Project Title: PLN 2015-1557 / CUP 2015-0292 Project Location: 5955 Capistrano Ave., Units A-D, Atascadero, CA 93422 (San Luis Obispo County) APN 029-363-011 Project Description: Applicant is requesting a Conditional Use Permit (CUP) for a small church within the Downtown Office zoning district. The church is proposing to occupy an existing office space previously used as the County Assessor’s office. No exterior building or site modifications are proposed. Building occupancy is limited to a maximum of 50 people. Adequate parking for the proposed use is located on -site. The Downtown Office Zoning District allows schools with a Conditional Use Permit. The proposed church has been determined to be similar and comparable in use to a school based on the nature of proposed church activities and limited congregation size and conditionally permitted in the Downtown Office zone. Zoning: Downtown Office (DO) General Plan Designation: Downtown (D) Staff Recommendation: Planning Commission approve PC Resolution for CUP 2015-0292, based on findings and subject to conditions of approval. 2 PC Draft Action Minutes of 7/7/15 Page 3 of 4 EX PARTE COMMUNICATIONS None Senior Planner Taylor gave the staff report and clarified items to be corrected as follows:  The staff report and conditions state Building Occupancy is limited to a maximum of 50 people. This should be corrected to limit occupancy to a maximum of 49 people.  On Page 9, last paragraph, it currently reads AMC9-1.10(d) and it should read AMC 9-1.109.  On Page 11, in Item 4, language should be clarified to state that the church will operate outside of the regular 8 am to 5 pm business hours. Senior Planner Taylor and Interim Director Broad answered questions from the Commission. PUBLIC COMMENT The following people spoke on this item: Roger Williams, Glen Lewis, and Tricia Williams. Chairperson Dariz closed the Public Comment period. MOTION: By Commissioner Bentz and seconded by Commissioner Schmidt to adopt PC Resolution 2015- 0020 approving PLN 2015-1557/CUP 2015-0292 to allow a small church, which is comparable to a school use, based on the nature of the proposed activities and limited congregation size, in the Downtown Office zoning district on APN 029-363-011, located at 5955 Capistrano, Suites A-D, based on findings and subject to Conditions of Approval, with a change to Condition 7 to change the maximum occupancy from 50 people to 49 people. Motion passed 6:0 by a roll-call vote. COMMISSIONER COMMENTS AND REPORTS Commissioner Bourbeau stated that he would not be attending the meeting on July 21st. 3 PC Draft Action Minutes of 7/7/15 Page 4 of 4 Commissioner Schmidt inquired about the skating rink and sno-cone shack and whether if you have a license to sell food, a restroom is required. Interim Director Broad said he could follow-up and provide a response. Commissioner Schmidt inquired about the new donut shop, and had some questions about business licenses, and the City’s policy on mobile food vending. Senior Planner Taylor and Interim Director Broad answered his questions. DIRECTORS REPORT Senior Planner Taylor gave an update on the former Players restaurant. Interim Director Broad gave updates on Walmart, the Korean BBQ, the Hoff property, the Atascadero Triangle project, and Eagle Ranch. ADJOURNMENT – 7:55 p.m. The next regular meeting of the Planning Commission is scheduled for July 21, 2015, at 7:00 p.m. at City Hall, Council Chambers, 6500 Palma Avenue, Atascadero. MINUTES PREPARD BY: _____________________________ Annette Manier, Recording Secretary 4 Atascadero Planning Commission Staff Report – Community Development Department Alfredo R. Castillo, AICP, Planner, 470-3436, acastillo@atascadero.org PLN 2013-1466 / CUP 2013-0268 La Plaza Center Time Extension 6322 – 6500 El Camino Real (Hoff) SUBJECT: Consideration of a one-year Time Extension for Conditional Use Permit 2013-0268, in addition to a Planning Director extension of entitlement for an additional year. Total time extension proposed is two (2) years. RECOMMENDATION: Staff Recommends: Adopt PC Resolution 2015-A to allow a one-year time extension for a Master Plan of Development (CUP 2013-0268) in addition to a one (1) year extension granted by the Planning Director. SITUATION AND FACTS: 1. Property Owner: Ben Hoff, LLC 2122 Lothar Lane, Templeton, CA 93465 2. Project Address: 6322-6500 El Camino Real, Atascadero, CA 93422 APN: 030-193-003, 016, 017, 030, 031 3. General Plan Designation: Downtown (D) 4. Zoning District: Downtown Commercial (DC) 5. Site Area: 1.5 acres 6. Existing Use: Partially Vacant 7. Environmental Status: 15332 Categorical Exemption: Urban Infill ITEM NUMBER: 2 DATE: 7-21-15 5 DISCUSSION: Background: In August 2013 the City Council approved a Downtown Commercial mixed-use project that included 26,500± sf of commercial retail and office space in three (3) separate buildings and pedestrian plazas, an additional 78 off-street parking spaces, and site landscaping. The project site has been identified by the City Council has a priority Economic Development Hot Spot. 2013 City Council Approved Site Master Plan In May of 2014, the Planning Commission approved Amendment #1 to the CUP allowing for the temporary location of an indoor recreational use with ancillary uses such as a snack stand. This temporary use was valid until April of 2015. The temporary use has since vacated the property and the now the site is ready to be developed. The original intended uses have yet to be constructed and the CUP is set to expire in August 2015 without a Time Extension. 6 Analysis: The Atascadero Municipal Code mandates an initial two-year life of Conditional Use Permits (Master Plan of Developments). The Municipal Code allows the City to extend the life of the CUP by one-year through an administrative approval process. Subsequent one-year time extensions require Planning Commission approval. The application for a Time Extension shall be filed prior to the expiration date. The Planning Commission has the discretion on whether they want to extend the life of the CUP, or they can defer the decision to the City Council. The applicant is requesting a Planning Commission extension for one (1) year. In addition to this request, staff is adding an additional one (1) year extension through the administrative approval process. The CUP would be extended to August 13, 2017, if approved by the Planning Commission. The Planning Commission may add or modify any conditions of approval, prior to granting the extension of the Conditional Use Permit, to ensure the project remains consistent with updated ordinances and policies. Staff is not recommending any modifications with this time extension. Findings: 1. There have been no changes to the provisions of the General Plan or zoning regulations applicable to the project since the approval of the entitlement. Staff Comment: Since the adoption of the Master Plan of Development, there have been no changes to the General Plan or zoning regulations applicable to this project. This project is considered a previously approved project and does not need to conform to the Regional Water Quality’s new post-stormwater construction standards. 2. There have been no changes in the character of the site or its surroundings which affect how the standards of the General Plan or zoning regulations apply to the project. Staff Comment: The site is now vacant from temporary uses. The site and its surroundings have not changed in character nor does it affect how the standards of the General Plan or zoning regulations apply to the project. RECOMENDATION: The City Council found the proposed Master Plan of Development, as conditioned, consistent with the 2002 General Plan and Zoning Ordinance. Staff recommends the Planning Commission approve the Time Extension as requested. 7 ALTERNATIVES: 1. The Commission may approve the Time Extension subject to additional or revised project conditions. 2. The Commission may deny the Time Extension if it is found to be inconsistent with the General Plan or any of the other required findings. The Commission’s motion to deny must include a finding basis for denial. 3. The Commission may continue the hearing and refer the item back to staff for additional information or analysis. Direction should be given to staff and the applicant on required information. ATTACHMENTS: Attachment 1 -- Location Map (General Plan & Zoning) Attachment 2 – Conditions of Approval Attachment 3 – Draft Resolution 2015-A 8 Attachment 1: Location Map (General Plan & Zoning) PLN 2013-1466 / CUP 2013-0268 – Amendment #1 6322-6500 El Camino Real Zoning: Downtown Commercial (DC) Land Use Designation: Downtown (D) Project Site 6322-6500 El Camino Real 9 10 ATTACHMENT 2: Conditions of Approval PLN 2013-1466 / CUP 2013-0268 – Amendment #1 6322-6500 El Camino Real EXHIBIT B: Conditions of Approval PLN 2013-1466 / CUP 2013-0268 6322 through 6500 El Camino Real (La Plaza) Exhibit B Conditions of Approval / Mitigation Monitoring Program PLN 2013-1466 / CUP 2013-0268 6322 through 6500 El Camino Real (La Plaza) Timing 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 Mitigation Measure Planning Conditions 1. The approval of this application shall become final, subject to the completion of the conditions of approval, fourteen (14) days following the Planning Commission approval unless prior to the time, an appeal to the decision is filed as set forth in Section 9- 1.111(b) of the Zoning Ordinance. On-going PS 2. This Conditional Use Permit shall be for a 26,500± square foot commercial mixed-use retail development consisting of retail space (10,000 sf); a sit down restaurant (5,000 sf) with an upstairs bar/lounge (4,500 sf); and office space on the 2nd floor of buildings (7,500 sf) on a 1.5± acre site with a freestanding freeway pole sign. BP PS 3. The existing cellular communication facility shall remain in place subject to the conditions of CUP 2002-0062. On-going PS 4. The Community Development Department shall have the authority to approve the following minor changes to the project that (1) modify the site plan project by less than 10%, and/or (2) result in a superior site design or appearance. BP PS 5. Approval of this Conditional Use Permit shall be valid for twenty- four (24) months after its effective date. At the end of the period, the approval shall expire and become null and void unless the project has received a building permit or a time extension has been granted. BP PS 6. The applicant and/or subsequent owners shall defend, indemnify, and hold harmless the City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the City, or any of its entities, concerning the proposed development. On going PS 7. The project shall provide a minimum of 70 off street parking spaces within the project site, for project customers and employees. BP PS 8. Prior to the issuance of on-site construction permits, the applicant shall record reciprocal public access easement on 11 Exhibit B Conditions of Approval / Mitigation Monitoring Program PLN 2013-1466 / CUP 2013-0268 6322 through 6500 El Camino Real (La Plaza) Timing 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 Mitigation Measure driveways indicated on Exhibit C. 9. Prior to the issuance of on-site construction permits, the applicant shall record a pedestrian access easement along the southern side of the plaza feature in front of Building “A” along El Camino Real consistent with Exhibit C. The historic “El Camino Real” bell monument shall be relocated and incorporated into the plaza. BP PS 10. An exception to the height limitations of the Downtown Commercial zoning district shall be allowed for all structures within the development. Building heights shall not exceed 37- feet in height consistent with Exhibit D. BP PS 11. Architectural elevations, colors, materials, and signs shall be shall be consistent with the character of the elevations shown on Exhibit E. BP PS 12. Final colors and exterior finishes shall be submitted to Staff for review. BP PS 13. The rear elevation of the building that is visible from US 101 shall include substantive architectural treatments and materials. BP PS 14. All trash enclosures shall be constructed of masonry with solid metal gates. The walls and gates shall be architecturally coordinated with the project architecture. BP PS 15. All roof top mechanical equipment shall be screen from view in all directions. BP PS 16. Final approval of site landscaping, irrigation, plant material, streetscape, hardscape and site furniture shall be approved by the Planning Staff and consistent with Exhibit E. BP PS 17. Complete grading, drainage, utility, storm water management plans with low impact development bio-swale features and handicapped accessibility plans shall be submitted at time of building permit. BP PS 18. Prior to building permit issuance, a tree mitigation fee of $200 shall be paid for the removal of one 6-inch white oak tree. BP PS 19. A freeway oriented pole sign shall be permitted on-site with the maximum height determined by a balloon visibility test, the Design Review Committee shall approve the height of the sign. Pole sign shall have a decorative cap, and shall include the City’s Logo and “Downtown Atascadero” on the face of the sign. The City’s Logo and “Downtown Atascadero” shall not count against the maximum signage area. The Design Review Committee shall approve the maximum total signage area. BP PS 20. The color of the freeway sign pole shall be a dark earth tone consistent with the City’s Wayfinding Program and Exhibit F. BP PS 12 Exhibit B Conditions of Approval / Mitigation Monitoring Program PLN 2013-1466 / CUP 2013-0268 6322 through 6500 El Camino Real (La Plaza) Timing 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 Mitigation Measure GENERAL PUBLIC WORKS REQUIREMENTS 21. Applicant agrees to develop the site frontage and public improvements in accordance with City Standard Engineering Plans and Specifications. 22. Applicant shall file a Parcel Map to merge subject lots in accordance with the Conditional Use Permit Site Plan. 23. Concurrent with Parcel Map approval, the applicant shall record a reciprocal access easement and maintenance agreement for all shared driveways and drive isles between Atascadero Mall and the Jack-in-the-Box property, as directed by the City Engineer. 24. Prior to Parcel Map approval, the applicant shall remove existing structures. 25. Prior to Parcel Map approval applicant shall quitclaim or relocate easements running through proposed structures, as directed by the City Engineer. 26. At map check submittal, the applicant shall provide a preliminary subdivision guarantee. A final subdivision guarantee is required prior to Final Parcel Map approval. Prior to final parcel map approval, the applicant is tentatively required to grant easements on the final map (or if located outside the map boundary, the applicant shall grant easements by means of separate document). The easements shall be reviewed and approved by the City Engineer. 27. Prior to recording the lot merger parcel map, the applicant shall submit a copy of a valid tax bond. This may be waived by the City Engineer if a tax bond is not required by the County of San Luis Obispo for recording purposes. 28. All existing and proposed utility, pipeline, open space, or other easements are to be shown on the lot merger map. If there are building or other restrictions related to the easements, they shall be noted on the parcel map. The applicant shall show all access restrictions on the parcel map. 29. The applicant shall relocate all public and private utilities that conflict with the proposed project. The applicant shall provide easements for the relocated utilities if required by the owners. 30. Prior to final parcel map approval applicant shall submit Will Serve Letters from all utility companies serving the project site. 13 Exhibit B Conditions of Approval / Mitigation Monitoring Program PLN 2013-1466 / CUP 2013-0268 6322 through 6500 El Camino Real (La Plaza) Timing 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 Mitigation Measure Road Abandonment Requirements 31. Prior to issuance of building permits, the applicant shall obtain a road abandonment for the portion of Atascadero Avenue overlying 030-193-003. The applicant shall grant back to the City a public access easement covering the portion of the lot that will be used for public ingress and egress. 32. Prior to issuance of building permits, the applicant shall extinguish 1) an easement (88-OR-114) for road purposes recorded May 22, 1930, shown on Parcel Map CO-68-61, and 2) a landscape easement granted to the City of Atascadero. The applicant shall grant back to the City a public access easement covering the portion of the road easement that will be used for public ingress and egress. 33. Prior to issuance of building permits, the applicant shall file for and obtain a lot merger for all parcels affected by the project. Bonds, Fees and Miscellaneous Requirements 34. Prior to issuance of encroachment permits for public improvements (street, sewer, storm drain, water), the applicant, by improvement agreement with the City Engineer, shall guarantee installation of the improvements through faithful performance bonds, letters of credit or any other acceptable means. Building final shall be withheld if the improvements are not completed. Grading and Drainage 35. Prior to storm drain plan approval, the applicant shall grant all easements needed for future maintenance of public storm drain facilities by the City. 36. Prior to grading permit, the applicant shall obtain approval of a drainage study for the proposed private onsite and public offsite storm drain system from the City Engineer. The study shall demonstrate that runoff generated onsite will not negatively affect downstream waterways or properties. Onsite retention and detention basins, including bioswales shall be employed to the satisfaction of the City Engineer. Offsite storm drain facilities needed for compliance with City Engineering Standards identified in the drainage study shall be installed. 37. Prior to issuance of grading permits affecting Caltrans right-of- way, the applicant shall submit written approval from Caltrans for the proposed construction within Caltrans right-of- way. 14 Exhibit B Conditions of Approval / Mitigation Monitoring Program PLN 2013-1466 / CUP 2013-0268 6322 through 6500 El Camino Real (La Plaza) Timing 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 Mitigation Measure 38. Maintenance responsibilities for all drainage devices, and erosion and sedimentation control devices/systems not transferable to the City shall be the responsibility of the property owner. 39. Prior to grading permit, the applicant shall obtain a notarized Letter of Permission for grading over all easements. 40. Applicant shall submit erosion control plans and a Storm Water Pollution Prevention Plan (if the area of disturbance is greater than an acre. 41. The applicant or subsequent property owners shall also be responsible for providing regularly scheduled maintenance of the storm drain infrastructure, as directed by the City Engineer. 42. Prior to Parcel Map approval, the applicant shall place a note on the map, prohibiting the lot owners within this development from interfering with the established drainage master plan and from erecting walls, curbs or similar solid constructions, except as approved by the City Engineer. Street Improvement Requirements 43. Applicant shall install Downtown Streetscape Standard curbs, gutters and sidewalks including decorative lights and street trees along the project frontage on El Camino Real and Atascadero Mall in accordance with City Standards. The irrigation system shall be tied into existing City facilities, including controllers and distribution laterals. 44. The proposed signalization of the intersection of the main access driveway into the La Plaza site and El Camino Real, including loop detectors, shall be constructed in accordance with City Engineering Standards, and approved by the City Engineer. 45. The intersection of the driveways with El Camino Real shall be modified as necessary to meet site distance, horizontal and vertical alignment standards of the City Engineering Standards. 46. All pedestrian facilities shall comply with the applicable requirements of the Americans with Disabilities Act. 47. Prior to any construction (including, but not limited to, drive approaches, sidewalks, curbs and gutters, etc.), trenching or grading within public or private street right-of-way, the applicant shall submit a street improvement plan consistent with the adopted Downtown Streetscape Standards and the conditions of approval and obtain encroachment permits from the City Engineer. 15 Exhibit B Conditions of Approval / Mitigation Monitoring Program PLN 2013-1466 / CUP 2013-0268 6322 through 6500 El Camino Real (La Plaza) Timing 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 Mitigation Measure 48. Applicant shall submit a composite utility plan, signed by PG&E, AT&T, Charter Cable TV and Southern California Gas Company indicating location of all underground utilities within the public right-of-way to serve the project. Plan shall be reviewed and approved by the City Engineer prior to approval of public improvement plans. 49. Prior to building final, all new and existing power lines and overhead cables less than 34 KV within or fronting the project site shall be installed underground. 50. Prior to Parcel Map approval, the applicant shall dedicate sidewalk easements sufficient to encompass ADA requirements for sidewalks installed with drive approaches in accordance with the current City standard, or equivalent. 51. Prior to building final, the applicant shall construct full street improvements to the satisfaction of the City Engineer. 52. Prior to Parcel Map approval, the applicant shall pay fees for signing and striping of streets as determined by the City Engineer or shall prepare signing and striping plans f or El Camino Real, as directed by the City Engineer. 53. Prior to building final, the applicant shall install mailboxes and posts in accordance with the City’s standards, and secure approval of the U.S. Postal Service prior to installation. 54. Prior to building final, the applicant shall construct wheelchair ramps at intersections, as directed by the City Engineer. Sewer Improvement Requirements 55. Applicant shall pay sewer extension (Annexation), Connection and Reimbursement fees (if applicable) upon issuance of building permit. 56. The existing sewer main in Atascadero Mall shall be relocated as necessary to avoid proposed improvements. Relocated main shall be located within a 20-foot wide sewer easement to be dedicated by applicant as directed by City Engineer. 57. Prior to issuance of building permits for each component of the Conditional Use Permit, the project applicant shall submit plans to the City for approval that demonstrates compliance with the City Sanitary Sewer Management Plan, including City standards for the Fats, Oils and Grease (FOG) Program; and the installation of adequately sized grease interceptors for all food service establishments (FSEs). 16 Exhibit B Conditions of Approval / Mitigation Monitoring Program PLN 2013-1466 / CUP 2013-0268 6322 through 6500 El Camino Real (La Plaza) Timing 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 Mitigation Measure 58. The sewer plans shall be reviewed and approved by the City Engineer. 59. Existing sewer manhole frame and covers relocated or adjusted due to street or other construction shall be replaced with current City Standard Manhole Cover per City Engineering Standards. 60. Prior to issuance of building permits, the applicant shall construct separate laterals to serve each building. 61. The main-line sewers located in the public/private streets shall be a publicly maintained. All other sewer lines shall be privately maintained. Traffic 62. The project applicant shall implement the following traffic mitigation measures. a. Prior to issuance of the final certificate of occupancy for the project, the intersection of El Camino Real/West Mall Avenue/ Main Driveway shall be improved with modified signals and equipment as needed by the project applicant. b. The project applicant shall revise the improvement plans to provide for a northbound left-turn lane on El Camino Real at the new main driveway serving the site. The City Engineer shall review and approve the lane geometry. c. Prior to issuance of the final certificate of occupancy for the project, the applicant shall install bicycle facilities (racks) in convenient locations. Bicycle storage shall be provided at a ratio of no less than 1 bicycle space for each 20 vehicular spaces. d. Prior to acceptance of improvements to El Camino Real the project frontage improvements on El Camino Real shall include Class II bicycle lanes as a component of the signal installation at El Camino Real. City Council Conditions 63. All project driveways shall be marked as no parking areas with red curbing. FO PW 64. The applicant will make a good faith effort to assist in the relocation of the Malibu Brew business during construction. BP CD TEMPORARY INDOOR RECREATIONAL USES CONDITIONS 17 Exhibit B Conditions of Approval / Mitigation Monitoring Program PLN 2013-1466 / CUP 2013-0268 6322 through 6500 El Camino Real (La Plaza) Timing 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 Mitigation Measure 63. Indoor Recreational uses are allowed within the master plan of development in the area consistent with Exhibit G. BP PS 64. Indoor Recreational uses must be contained in a temporary tent structure or other similar structure totaling no more than 10,800 square feet. BP / FI PS 65. Applicant must apply for building permits to allow for the temporary tent structure, wood flooring, and all on-site work including any structure greater than 120 square feet. BP BS 66. Applicant must meet all accessibility requirements and exiting requirement for health, safety, and welfare of users of the indoor recreational uses consistent with the California Building Code. BP / FO PS / BS / FD 67. Applicant may not commence construction prior to issuance of a building permit. BP PS 68. Applicant may not occupy the structure nor be open for public use prior to issuance of final occupancy with inspections by the Planning Department, Fire Marshall, and Chief Building Inspector. FO PS / BS / FD 69. Indoor Recreational uses may include the following:  Ice Skating  Roller Skating  Indoor Soccer  Other indoor recreational type uses that can be contained within the temporary tent structure FO PS 70. Additional ancillary uses to the indoor recreational uses may be allowed as shown in Exhibit G. Additional ancillary uses will require an amendment to the master plan of development. BP PS 71. A temporary caretaker’s residence is permitted in the area shown in Exhibit G. Caretaker’s residence must pump effluent from the trailer that does not cause a health and welfare nuisance. BP PS 72. A minimum fire clearance of 20-feet is required at the rear of the property. Fire clearance must be approved by the Fire Marshall prior to occupancy and include removal of all construction related material, and any additional debris. Fire Clearance must be maintained for the duration of the temporary indoor recreation use. FO FD/BS 73. Special Events such as roller derby, indoor recreational tournaments, etc. are allowed on-site once (1) every thirty (30) days. This is effective as of the date of final occup ancy issuance. FO PS 18 Exhibit B Conditions of Approval / Mitigation Monitoring Program PLN 2013-1466 / CUP 2013-0268 6322 through 6500 El Camino Real (La Plaza) Timing 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 Mitigation Measure 74. Live Concerts / DJ Music and other amplified noise sources are permitted on-site. Amplified music is permitted to play until 10 p.m. and limited to one (1) occurrence a week. A week is defined as business operations Sunday through Sa turday. Any additional amplified music may be used but shall be consistent with the City’s Noise Ordnance. FO PS 75. Indoor recreational uses are temporary. Indoor recreational uses shall cease operation no later than March 30, 2015. FO PS 76. Applicant will have 30 days prior to or on April 1, 2015 to return the site to its previous condition. FO PS 19 20 EXHIBIT C: Proposed Site Plan PLN 2013-1466 / CUP 2013-0268 6322 through 6500 El Camino Real (La Plaza) Provide pedestrian easement at the end of median property Relocate and incorporate El Camino Real Bell into plaza. Provide public access easements on driveways Existing cellular communication facility to remain Median property to remain City owned. Proposed improvements and building demolition to be permitted with frontage improvement encroachment permit. 21 22 EXHIBIT D: Proposed Architecture Elevations PLN 2013-1466 / CUP 2013-0268 6322 through 6500 El Camino Real (La Plaza) 23 EXHIBIT D: Proposed Architecture Elevations PLN 2013-1466 / CUP 2013-0268 6322 through 6500 El Camino Real (La Plaza) 24 EXHIBIT D: Proposed Architecture Elevations PLN 2013-1466 / CUP 2013-0268 6322 through 6500 El Camino Real (La Plaza) 25 EXHIBIT D: Proposed Architecture Elevations PLN 2013-1466 / CUP 2013-0268 6322 through 6500 El Camino Real (La Plaza) 26 EXHIBIT E: Proposed Landscape Plans PLN 2013-1466 / CUP 2013-0268 6322 through 6500 El Camino Real (La Plaza) 27 Pole Sign Location EXHIBIT F: Proposed Freeway Oriented Signage PLN 2013-1466 / CUP 2013-0268 6322 through 6500 El Camino Real (La Plaza) Sign to include “Downtown Atascadero” and City Logo (excluded from total signage area and height restriction) DRC to approve maximum sign size DRC to approve final sign height 28 EXHIBIT G: Site Plan – Temporary Indoor Recreational Use PLN 2013-1466 / CUP 2013-0268 – Amendment 6322 through 6500 El Camino Real (La Plaza) Indoor Recreational Uses shall cease operation on or before March 30, 2015 29 EXHIBIT G: Fire Clearance PLN 2013-1466 / CUP 2013-0268 – Amendment 6322 through 6500 El Camino Real (La Plaza) Fences and other debris and construction related materials shall be removed and provide a minimum 20-foot Fire clearance prior to Final Occupancy and must be maintained at all times. 30 ATTACHMENT 3: Draft Resolution PC 2015-A PLN 2013-1466 / CUP 2013-0268 – CUP Time Extension DRAFT RESOLUTION PC 2015-A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING A ONE- YEAR TIME EXTENSION IN ADDITION TO A ONE-YEAR ADMINISTRATIVE TIME EXTENSION OF AN APPROVED MASTER PLAN OF DEVELOPMENT / CUP 2013-0268 ON APN 030-193-003, 016, 017, 030, 031 (6322 THROUGH 6500 EL CAMINO REAL) WHEREAS, an application was received from Ben Hoff, LLC, Property Owner (2122 Lothar Ln, Templeton 93465), for a one (1) year Time Extension for Conditional Use Permit 2013-0268; and WHEREAS, the City Council approved a Conditional Use Permit for the above project on August 13, 2013; and WHEREAS, the Community Development Director approved a one-year Administrative Time Extension on July 21, 2015, setting the expiration date to August 13, 2016; and WHEREAS, the Planning Commission considered a proposed one-year Time Extension at a meeting held July 21, 2015, setting the expiration date to August 13, 2017; and, NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1: Findings for approval of the Master Plan of Development: The Planning Commission finds as follows: 1. There have been no changes to the provisions of the General Plan or zoning regulations applicable to the project since the approval of the entitlement; and 2. There have been no changes in the character of the site or its surroundings which affect how the standards of the General Plan or zoning regulations apply to the project. 31 SECTION 2: Approval: The Planning Commission does hereby approve a one-year time extension of CUP 2013-0268, setting the expiration date to August 13, 2017. On motion by Commissioner ___________________, and seconded by Commissioner ______________________ , the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) ADOPTED: CITY OF ATASCADERO, CA ______________________________ Mark Dariz Planning Commission Chairperson ATTEST: ___________________________________ Gary Broad Planning Commission Secretary T:\- 13 PLNs\PLN 2013-1466 Hoff Property Mixed Use\TimeExtensionCUP2013-0268-SR.ac.docx 32 ITEM NUMBER: ITEM NUMBER: 3 DATE: 7-21-15 Atascadero Planning Commission Staff Report – Community Development Department Katie Banister, Contract Planner, 470-3480, kbanister@atascadero.org PLN 2015-1560 Tree Removal Permit 2015-0187 1285 Copado Way SUBJECT: The proposed project is a request to remove one (1) 49-inch diameter at breast height (DBH) coast live oak tree, located at 1285 Copado Way. The tree is in poor condition, and is a potential hazard on a residential street. Both the project arborist and City Arborist agree that the tree is potentially hazardous and should be removed. RECOMMENDATION: Staff Recommends: The Planning Commission adopt Resolution PC 2015-0024 to allow the removal of one (1) diseased coast live oak tree with a 49-inch diameter, subject to replanting mitigation and conditions of approval. Situation and Facts: 1. Property Owner: Susan McIntosh 1285 Copado Way Atascadero, CA 93422 2. Project Address: 1285 Copado Way Atascadero, CA 93422 APN 049-104-018 3. Certified Arborist: Steven G. Alvarez, A & T Arborists P.O. Box 1311, Templeton CA 93465 3. 4. General Plan Designation: Residential Single-Family-X (RSF-X) 5. Zoning District: Single-Family Residential-X (SFR-X) Planned Development #17 overlay (PD17) 33 ITEM NUMBER: ITEM NUMBER: 3 DATE: 7-21-15 Regio Place Copado Way 6. Site Area: Approximately 0.15 acres 7. Existing Use: Residence BACKGROUND: Tract 2577, known as Oak Grove and located on Regio Place and Copado Way, was approved as a thirty-one (31) residential unit planned development. Construction of the public improvements and a few of the houses began in 2004, but the project stalled during the recession and sat unfinished for several years. In 2010, the remaining vacant lots were purchased and the units were completed according to the original project approvals. The development is curren tly complete and all units have been so ld and occupied. Perhaps the most distinctive features of this development are the remaining large oak trees on site. The subdivision utilized planter islands in the streets and sensitive placement of buildings to preserve the oaks. Unfortunately, many of the trees have been stressed by the development; this is the third tree removal permit for the neighborhood since 2011. Site Plan . 49” coast live oak tree proposed for removal 34 ITEM NUMBER: ITEM NUMBER: 3 DATE: 7-21-15 ANALYSIS: An application has been submitted by A&T Arborists for the removal of one (1) 60-foot tall, 49” coast live oak tree located about 16 feet from the residence at 1285 Copado Way. A&T Arborists has cared for the tree for 6 years, removing weight from larger limbs as needed in order to reduce the likelihood of failure. The tree now has callous tissue formed over old wounds and large cavities in each scaffold branch. There are three smaller coast live oak trees (6-10 inch diameters) growing below the larger tree. Aerial Photograph of 1285 Copado Way On July 9, 2015, an arborist from Davey Resource Group (which is contracted by the City for arborist services), inspected the tree. Davey Resource Group reports the tree is not an emergency situation as defined by Atascadero Municipal Code (AMC) 9 -11.105. There is no evidence of uplifting at the base of the tree, nor any “active cracking or stress fractures which indicate immediate failure.” However, the City’s Arborist also noted decay in the scaffolds of the tree, and agrees the tree should be removed. AMC 9-11.105 requires Planning Commission approval for tree removal permits for native trees greater than 24-inches DBH. The tree removal permit fee has been waived due to the diseased condition of the tree. Tree Mitigation The Atascadero Municipal Code requires m itigation for all trees approved for removal. The Tree Ordinance allows for either replanting of new native trees, or payment of 35 ITEM NUMBER: ITEM NUMBER: 3 DATE: 7-21-15 mitigation fees to the tree fund. Based on the 49-inch diameter size of the tree, the required replanting is eight (8) 5-gallon native trees (or four (4) 24-inch box trees). Alternatively, the applicant may pay $408.33 to the Tree Replacement Fund. Some combination of the two mitigation measures is also allowed. FINDINGS: In considering any tree removal request, at least one of the required findings must be made. Staff has identified the following finding as appropriate for the application request. (i) The tree is dead, diseased or injured beyond reclamation, as certified by a tree condition report from an arborist. Staff Comment: The project arborist and the City arborist agree the tree is diseased and should be removed. CONCLUSIONS: A certified arborist has determined that the subject 49-inch DBH coast live oak tree is in poor condition and creates a potential hazard for residents in the Oak Grove neighborhood. Based on the arborist’s evaluation and above analysis, findings can be made to approve the requested removal, subject to the required mitigation. ALTERNATIVES: 1. The Commission may approve the project with additional or revised project conditions. 2. The Commission may deny the project if it is found that the required findings cannot be made. The Commission’s motion to deny must include a finding basis for denial. 3. The Commission may continue the hearing and refer the item back to staff for additional information or analysis. Direction should be given to staff and the applicant on required information. ATTACHMENTS: Attachment 1 – Location and Zoning Map Attachment 2 – Aerial Photo Attachment 3 – Site Photos Attachment 4 – City Arborist Report Attachment 5 – Project Arborist Report Attachment 6 – Draft Resolution PC 2015-0024 Bond payment for tree #31, impacted 45% : 36 ITEM NUMBER: ITEM NUMBER: 3 DATE: 7-21-15 ATTACHMENT 1: Location and Zoning Map PLN 2015-1560 / TRP 2015-0187 Surrounding Zoning North: High Density Residential Multi-family (RMF-20) East: Residential Suburban (RS) South: Residential Single-Family (RSF-X) West: Commercial Park (CPK) 1285 Copado Way RSF-X RS RMF-20 CPK 37 ITEM NUMBER: ITEM NUMBER: 3 DATE: 7-21-15 ATTACHMENT 2: Aerial Photograph PLN 2015-1560 / TRP 2015-0187 Location of 49” coast live oak tree proposed for removal 38 ITEM NUMBER: ITEM NUMBER: 3 DATE: 7-21-15 ATTACHMENT 3: Site Photos PLN 2015-1560 / TRP 2015-0187 Subject tree is approximately 16-feet from residence. 39 ITEM NUMBER: ITEM NUMBER: 3 DATE: 7-21-15 + Two smaller coast live oak trees are located below the canopy of the tree proposed for removal. 40 ITEM NUMBER: ITEM NUMBER: 3 DATE: 7-21-15 ATTACHMENT 4: City Arborist Report PLN 2015-1560 / TRP 2015-0187 41 ITEM NUMBER: ITEM NUMBER: 3 DATE: 7-21-15 42 ITEM NUMBER: ITEM NUMBER: 3 DATE: 7-21-15 ATTACHMENT 5: Project Arborist Report PLN 2015-1560 / TRP 2015-0187 Photographs omitted due to low print quality. The content was similar to the photographs in the City Arborist Report 43 ITEM NUMBER: ITEM NUMBER: 3 DATE: 7-21-15 44 ITEM NUMBER: ITEM NUMBER: 3 DATE: 7-21-15 45 ITEM NUMBER: ITEM NUMBER: 3 DATE: 7-21-15 46 ITEM NUMBER: ITEM NUMBER: 3 DATE: 7-21-15 ATTACHMENT 6: Draft Resolution PC 2015-0024 PLN 2015-1560 / TRP 2015-0187 DRAFT RESOLUTION NO. PC 2015-0024 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING PLN 2015-1560 / TRP 2015-0187, TO ALLOW THE REMOVAL OF ONE (1) COAST LIVE OAK TREE WITH A DIAMETER OF 49-INCHES (1285 COPADO WAY / MCINTOSH) WHEREAS, an application was received from A & T Arborists, PO Box 1311, Templeton, California 93465 (applicant), and by Susan McIntosh, 1285 Copado Way, Atascadero, CA 93422 (owner), for a Tree Removal Permit to remove one (1) diseased coast live oak tree totaling 49-inches DBH located at 1285 Copado Way; and WHEREAS, the Planning Commission reviewed the proposed Tree Removal Permit application on July 21, 2015, at 7:00 p.m. and considered testimony and reports from staff, the applicants, and the public; and NOW THEREFORE, the Planning Commission of the City of Atascadero, California takes the following actions: SECTION 1. Findings for tree removal. The Planning Commission finds as follows: The tree is dead, diseased or injured beyond reclamation, as certified by a tree condition report from an arborist. SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on July 21, 2015, resolved to approve Tree Removal Permit 2015- 0187, subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Tree Mitigation Worksheet 47 ITEM NUMBER: ITEM NUMBER: 3 DATE: 7-21-15 On motion by Commissioner ____________________, and seconded by Commissioner _________________________, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSENT: ( ) ADOPTED: ABSTAINED: CITY OF ATASCADERO, CA _________________________________________ Mark Dariz Planning Commission Chairperson ATTEST: ___________________________________ Gary Broad Planning Commission Secretary 48 ITEM NUMBER: ITEM NUMBER: 3 DATE: 7-21-15 EXHIBIT A: Conditions of Approval PLN 2015-1560 / TRP 2015-0187 Conditions of Approval PLN 2015-1560 / TRP 2015-0187 1285 Copado Way APN 049-104-018 Timing FM; Final Map BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney 1. The approval of this application shall become final, subject to the completion of the conditions of approval, fourteen (14) days following the Planning Commission approval unless prior to the time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. Tree removal PS 2. The applicant, current owner and/or subsequent owners shall defend, indemnify, and hold harmless the City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the City, or any of its entities, concerning the proposed development. Ongoing PS 3. The applicant shall mitigate the tree removal by one of the following options as shown in Exhibit B: - Replant eight (8) 5-gallon or four (4) 24-inch box sized native oak trees; or, - Make a payment of $408.33 to the Atascadero Tree Replacement Fund; or - Some approved combination of replanting and fund payment. Tree removal PS 4. The applicant shall provide drip irrigation to tree replanting sites until trees are established. Tree replanting PS 5. Before the tree is removed, the owner or applicant shall: - Provide a tree replanting plan, made in consultation with a certified arborist, showing proposed species and location of replanting, and irrigation to be approved by City staff; and/or, - Make appropriate payment to the Tree Replacement Fund. Tree removal PS 49 ITEM NUMBER: ITEM NUMBER: 3 DATE: 7-21-15 EXHIBIT B: Native Tree Mitigation Worksheet PLN 2015-1560 / TRP 2015-0187 Evergreen Native Trees (inches)Deciduous Native Trees (inches)Totals dbh notes dbh notes 1 49-inches Total 49-inches Total 0-inches 49-inches Mitigation Requirement req'd tree replacements:8 five gal trees req'd tree replacements:0 five gal trees 8 five gal trees Proposed Replanting 0 five gal trees Proposed Replanting 0 five gal trees 0 five gal trees 0 box trees (24'')0 box trees (24'')0 box trees (24'') Remaining Mitigation 8 five gal trees Remaining Mitigation 0 five gal trees 8 five gal trees Tree Fund Payment:408.33$ Tree Fund Payment:-$ 408.33$ t:\- 15 plns\pln 2015-1560 trp 1285 copado\pln 2015-1560 trp copado sr_kb.docx Bond payment for tree #31, impacted 45% : 50 ITEM NUMBER: ITEM NUMBER: 4 DATE: 7-21-15 Atascadero Planning Commission Staff Report – Community Development Department Katie Banister, Contract Planner, 470-3480, kbanister@atascadero.org PLN 2015-1548 Precise Plan 2015-0262 Tree Removal Permit 2015-0184 6525 Lomitas Rd. SUBJECT: The applicant has submitted a Precise Plan (PPN 2015-0262) for development of an undeveloped lot at 6525 Lomitas Rd. The project consists of a 2,136 square foot residence with an attached 720 square foot garage and an additional detached 1,200 square foot garage/shop. The residence will be served by a septic system and asphalt driveway. The applicant is requesting the removal of four (4) native trees. Trees proposed for removal are two (2) coast live oak trees totaling 36-inches diameter at breast height (DBH), and two (2) valley oak trees totaling 54-inches DBH. RECOMMENDATION: Staff Recommends: 1. The Planning Commission adopt Resolution PC 2015-0021 adopting Mitigated Negative Declaration 2015-0005 for PPN 2015-0262 for the development of the property at 6525 Lomitas Road, subject to mitigation measures; and, 2. The Planning Commission adopt Resolution PC 2015-0022 to allow the removal of four (4) native trees to allow the development a single-family residence at 6525 Lomitas Road, subject to conditions of approval. Situation and Facts: 1. 1. Property Owner/Applicant: Don and Martha Dutcher 6450 Lomitas Rd. Atascadero, CA 93422 2. Project Address: 6525 Lomitas Rd. Atascadero, CA 93422 APN 055-451-018 51 ITEM NUMBER: ITEM NUMBER: 4 DATE: 7-21-15 3. Certified Arborist: Chip Tamagni / A&TArborists PO Box 1311 Templeton, CA 93465 4. General Plan Designation: Rural Estate (RE) 5. Zoning District: Residential Suburban (RS) 6. Site Area: Approximately 3.1 acres 7. Existing Use: Vacant Project Location Map Surrounding Zoning North: Residential Suburban (RS) East: Residential Suburban (RS) South: Residential Suburban (RS) West: Residential Suburban (RS) Zoning: RS Project location: 6525 Lomitas Rd. 52 ITEM NUMBER: ITEM NUMBER: 4 DATE: 7-21-15 ANALYSIS: The project is a single-family residence at 6525 Lomitas Road in the Residential Suburban (RS) zoning district. The project includes a 2,136 square foot home with 720 square foot attached garage and 1,200 square foot detached workshop/garage. An onsite septic wastewater system will service the new residence. The proposed house is located approximately 60 feet from Lomitas Road; the circular driveway is 12-feet wide with a gravel surface, except the concrete apron located between the two structures . The project will result in an increase of 8,228 square feet of impervious surface. The project will require approximately 400 cubic yards of cut and 400 cubic yards of fill. The 3.1-acre lot has a natural grade ranging from 6% to more than 45%. The proposed building pad has a natural grade between 10-14%. The house is located relatively close to Lomitas Road in the more gently sloped portion of the property, which is covered with grass. To the northeast of the proposed structures, the property slopes steeply uphill toward Rayar Road. The steeper area is covered with dense shrub and tree cover. The property has hundreds of native trees, 4 of which are proposed for removal. The project includes significant grading on slopes over 10%, and therefore, is not categorically exempt from CEQA. The property owners submitted an application for a Precise Plan, and planning staff conducted an Initial Study and circulated a Mitigated Negative Declaration for public review between June 29 and July 20, 2015. Aerial Photograph of 6525 Lomitas Road 53 ITEM NUMBER: ITEM NUMBER: 4 DATE: 7-21-15 Environmental Determination Planning staff prepared an Initial Study and Mitigated Negative Declaration consistent with the California Environmental Quality Act (CEQA) to evaluate impacts of the project to native trees and other resources. The Mitigated Negative Declaration was circulated to the public, surrounding neighbors, and commenting agencies for review and comment from June 29 to July 20, 2015. Staff received no comments by the time of printing this staff report (July 15, 2015). Comments received after this date will be presented at the July 21, 2015 Planning Commission meeting. When mitigation measures are incorporated into the project, there will not be a significant negative impact on the environment. Staff recommends the Planning Commission adopt the draft Mitigated Negative Declaration. Native Tree Removal Request Chip Tamagni, an International Society of Arboriculture Certified Arborist, has prepared an Oak Tree Protection Plan, which outlines methods for avoiding impacts to native trees where possible. The report estimates the property has hundreds of oak trees. The native trees proposed for removal are two coast live oak trees totaling 36-inches DBH, and two valley oak trees totaling 54-inches DBH. The largest tree to be removed is a 34-inch valley oak. Table 1 details the size and condition of all trees proposed for removal. Table 1. Trees Proposed for Removal Tree Number Species Size (DBH inches) Condition 4 Quercus agrifolia (live oak) 14 5* 5 Quercus agrifolia (live oak) 22 5 6 Quercus lobata (valley oak) 34 4 7 Quercus lobata (valley oak) 20 4 *Condition Description 4 May have had minor past failures, excessive deadwood or minor structural defects that can be mitigated with pruning. 5 Relatively healthy tree with little visual structural and/or pest defects. Tree Removal Evaluation The Atascadero Municipal Code requires the Planning Commission to approve native tree removals over 24-inches DBH. Section 9-11.105(d)(3) provides the following 9 evaluative criteria for native tree removals: (i) The potential effect that tree removal could have on topography, knowing that hilltops, ravines, streambeds and other natural watercourses are more environmentally sensitive than flat or gentle sloping lands; Staff Comment: For this project, tree removals are on gently sloping ground, away from any hilltops, ravines and streambeds 54 ITEM NUMBER: ITEM NUMBER: 4 DATE: 7-21-15 (ii) The potential effect that tree removal could have on soil retention and erosion from increased flow of surface waters; Staff Comment: The vegetative cover uphill will protect the slope from future erosion. Stormwater retention infrastructure proposed for the project will also prevent increased flow to surface waters due to tree removals. (iii) The potential effect that tree removal could have on the ambient and future noise level; Staff Comment: Noise level is not anticipated to be greatly affected by the removal of these trees. The topography of the site will largely dictate the pattern sound will travel. Remaining trees will buffer sounds moving northeast. However, the removal of trees number 6 and 7 has the potential to allow more noise to leave the site traveling southeast. (iv) The potential effect that tree removal could have on the ability of existing vegetation to reduce air movement and wind velocity; Staff Comment: The remaining vegetation is dense and covers a large area, it will continue to reduce air movement and wind velocity. (v) The potential effect that tree removal could have on significantly reducing available wildlife habitat or result in the displacement of desirable species; Staff Comment: The majority of the site will continue in a natural state, which can be used by wildlife as habitat. (vi) Aesthetics; Staff Comment: The removal of these trees will have a negative impact on the aesthetics of the site, but it is a localized impact that will be mitigated by the planting of additional native trees. (vii) The number, size, species, condition and location of trees to be removed; Staff Comment: The project proposes the removal of 2 coast live oak trees and 2 valley oak trees. Hundreds of oak trees will remain on the property. Valley oaks are considered more critical to protect in San Luis Obispo County, as they do not regenerate as readily as many other species. The trees range in size between 14 and 34-inches DBH. While large landmark trees are of greater sentimental value than smaller trees, middle aged trees may be more important to protect as they are established, but still have a long life ahead. All the trees are in relatively healthy condition. 55 ITEM NUMBER: ITEM NUMBER: 4 DATE: 7-21-15 (viii) The special need to protect existing blue and valley oaks because of regeneration problems; Staff Comment: Two of the four trees proposed for removal are valley oaks. (ix) The cumulative environmental effects of tree removal. Staff Comment: Hundreds of native trees will remain onsite and the environmental impact of these removals will be mitigated with tree plantings. Site Plan with Proposed Tree Removals Valley oak trees #6 (left) and #7 (right) proposed for removal Legend 1 Tree # Proposed Tree Removal Tree Protection Fencing 3 2 1 7 6 5 4 9 8 Retaining Wall 56 ITEM NUMBER: ITEM NUMBER: 4 DATE: 7-21-15 Live oak trees #4 (left) and #5 (right) proposed for removal 57 ITEM NUMBER: ITEM NUMBER: 4 DATE: 7-21-15 Tree Mitigation Atascadero Municipal Code section 9-11.105 (d)(4) requires tree removal permits be conditioned with mitigation for all native trees removed. Mitigation may take the form of on-site native tree plantings, payment into the Tree Replacement Fund, or a combination of the two. Based on the size of the trees proposed for removal, replanting mitigation is (24) 5-gallon trees. Twenty-four inch size box trees may be used in place of 5-gallon trees at half the rate (i.e. 12 box trees). The applicant has expressed interest in using acorns collected onsite to regenerate trees for replanting. In this case, the applicant should work with City staff and the project arborist to determine a reasonable quantity for mitigation. Alternatively, the applicant may choose to pay a mitigation fee of $1,200.00. Replacement trees will need to be watered for the first several years in order for them to become established. A condition has been included as a part of the draft resolution requiring irrigation be provided for any native tree replanting area(s). Table 2. Tree mitigation worksheet Evergreen Native Trees (inches)Deciduous Native Trees (inches)Totals dbh notes dbh notes 1 14-inches tree #4 1 34-inches tree #6 2 22-inches tree #5 2 20-inches tree #7 6 Total 36-inches Total 54-inches 90-inches Mitigation Requirement req'd tree replacements:6 five gal trees req'd tree replacements:18 five gal trees 24 five gal trees Proposed Replanting 0 five gal trees Proposed Replanting 0 five gal trees 0 five gal trees 0 box trees (24'')0 box trees (24'')0 box trees (24'') Remaining Mitigation 6 five gal trees Remaining Mitigation 18 five gal trees 24 five gal trees Tree Fund Payment:300.00$ Tree Fund Payment:900.00$ 1,200.00$ FINDINGS: Mitigated Negative Declaration Atascadero Municipal Code Section 9-2.109 describes the procedure for a Precise Plan; approval must be supported by the seven findings required for a Conditional Use Permit, which follow: a. The proposed project or use is consistent with the General Plan; and 58 ITEM NUMBER: ITEM NUMBER: 4 DATE: 7-21-15 Staff Comment: The General Plan designates this parcel as RE, Rural Estate, which is intended for single-family residential uses on a large lot size. The project fits this definition perfectly. b. The proposed project or use satisfies all applicable provisions of this title (Zoning Ordinance); and Staff Comment: The project is in the appropriate zoning district for this use. At the time of building permits, the project will be checked for conformance with the Zoning Ordinance general site design and development standards. The Precise Plan and Tree Removal Permit sought by this application will satisfy provisions applicable to this specific project. c. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and Staff Comment: The design of the project allows cars to back-up onsite, avoiding traffic hazards. The mitigation measures required by the Mitigated Negative Declaration ensure the project is not detrimental to the property or improvements in the vicinity. In particular, soil and stormwater will be retained onsite. d. That the proposed project or use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development; and Staff Comment: The development of a single-family residence of this size and on this lot size is consistent with the existing residences on Lomitas Road and in the immediate neighborhood. e. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the land use element; and Staff Comment: The project is consistent with the Circulation Element of the General Plan. The Institute of Transportation Engineers (ITE) estimates one residence is expected to generate an additional 9.57 trips per day. In 2001, Santa Lucia Avenue between Portola and Santa Ana (which leads to the subject property) had a Level of Service of A, while the Gen eral Plan designates a “C” as the minimum acceptable standard. The addition of 9.57 trips each day will not bring any street out of compliance. 59 ITEM NUMBER: ITEM NUMBER: 4 DATE: 7-21-15 f. That the proposed project is in compliance with any pertinent city policy or criteria adopted by ordinance or resolution of the city council; and Staff Comment: The project complies with the Hillside Grading Guidelines by avoiding slopes over 30%, utilizing a cut pad which is reasonably related to the size of the house footprint, minimizing flat yard areas, and providing an erosion control plan. The building site has been selected to “minimize the need for grading and tree removals” while “allowing the property owners the flexibility to select the Building site and floor plan that best fits their needs.” g. Any additional findings deemed necessary. Staff Comment: The following findings are deemed necessary: 1. The Proposed Mitigated Negative Declaration has been completed in compliance with CEQA guidelines section 15070 through 15075; and, 2. Proposed Mitigated Negative Declaration 2015 -0005 was circulated for a 21-day public review from June 29, 2015 to July 20, 2015, consistent with CEQA Guidelines section 15105 (b); and 3. CEQA section 21091(f) and 15704 require a lead agency to consider a Mitigated Negative Declaration together with any comments received before approving the project; and 4. The City of Atascadero Community Development Department is the custodian of Mitigated Negative Declaration 2015 -0005 along with other material that constitutes the record of proceedings upon which this determination is made, which this record is available to the public for viewing at 6500 Palma Avenue, Atascadero, CA 93422; and 5. Based on the entire record, including any comments received, the Planning Commission determines that there is no substantial evidence that the project may have a significant effect on the environment; and 6. The Mitigated Negative Declaration prepared for the project reflects the Planning Commission’s independent judgment and analysis. Tree Removal Permit The Planning Commission must make at least one of five findings to approve a tree removal permit. Staff has identified the following finding as appropriate for the application request. 60 ITEM NUMBER: ITEM NUMBER: 4 DATE: 7-21-15 (v) The tree is obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from the site planner and determined by the Community Development Department based on the following factors: a. Early consultation with the City, b. Consideration of practical design alternatives, c. Provision of cost comparisons (from applicant) for practical design alternatives, d. If saving tree eliminates all reasonable use of the property, or e. If saving the tree requires the removal of more desirable trees. Staff Comment: The proposed project design avoids impacts to the majority of the native trees located on the property. The applicants have consulted with City staff and a Certified Arborist from the inception of this project to ensure compliance with Native Tree Regulations. The project civil engineer has provided a statement justifying the site selection process of the applicants. The applicants intend to retire in this home, and have placed it on the flatter portion of the site. Grading behind the home has been minimized to provide some accessible yard space while retaining more trees. A retaining wall will be utilized along a portion of the yard. There are 60 feet between the front of the proposed buildings and the street. If the buildings were moved closer to Lomitas Road, it might be possible to avoid some or all native tree impacts. However, this site design is necessary to provide downhill space to meet standards for post construction stormwater retention and the septic leach field. Refer to Attachment 4. CONCLUSIONS: The applicant proposes the removal of four (4) native trees to allow the development of the property. Efforts have been taken to avoid impacts to trees on site. Hundreds of native trees will remain after construction. The applicant will be required to mitigate for the removal of the native trees. Staff recommends the Planning Commission adopt the Mitigated Negative Declaration and approve the Tree Removal Permit as proposed. ALTERNATIVES: 1. The Commission may adopt the Mitigated Negative Declaration and approve the Tree Removal Permit with additional or revised project mitigation measures and/or conditions. 2. The Commission may deny the project if it is found that the required findings cannot be made. The Commission’s motion to deny must include a finding basis for denial. 3. The Commission may continue the hearing and refer the item back to staff for additional information or analysis. Direction should be given to staff and the applicant on required information. Bond payment for tree #31, impacted 45% : 61 ITEM NUMBER: ITEM NUMBER: 4 DATE: 7-21-15 ATTACHMENTS: Attachment 1 – Aerial Photograph Attachment 2 – Site Photos Attachment 3 – Arborist Report Attachment 4 – Engineer’s Statement of Justification Attachment 5 – Proposed Mitigated Negative Declaration 2015-0005 Attachment 6 – Draft Resolution PC 2015-0021 Attachment 7 – Draft Resolution PC 2015-0022 62 ITEM NUMBER: ITEM NUMBER: 4 DATE: 7-21-15 ATTACHMENT 1: Aerial Photograph PLN 2015-1548 / PPN 2015-0262 / TRP 2015-0184 *Approximate location of trees proposed for removal shown in circles above. Tree #6 34-inch valley oak Tree #5 22-inch coast live oak Tree #4 14-inch coast live oak Tree #7 20-inch valley oak 63 ITEM NUMBER: ITEM NUMBER: 4 DATE: 7-21-15 ATTACHMENT 2: Site Photos PLN 2015-1548 / PPN 2015-0262 / TRP 2015-0184 64 ITEM NUMBER: ITEM NUMBER: 4 DATE: 7-21-15 65 66 ITEM NUMBER: ITEM NUMBER: 4 DATE: 7-21-15 ATTACHMENT 3: Arborist Report PLN 2015-1548 / PPN 2015-0262 / TRP 2015-0184 67 ITEM NUMBER: ITEM NUMBER: 4 DATE: 7-21-15 68 ITEM NUMBER: ITEM NUMBER: 4 DATE: 7-21-15 69 ITEM NUMBER: ITEM NUMBER: 4 DATE: 7-21-15 70 ITEM NUMBER: ITEM NUMBER: 4 DATE: 7-21-15 Legend 1 Tree # Proposed Tree Removal Tree Protection Fencing 4 5 6 7 3 2 1 9 8 Retaining Wall 71 ITEM NUMBER: ITEM NUMBER: 4 DATE: 7-21-15 ATTACHMENT 4: Engineer’s Statement of Justification PLN 2015-1548 / PPN 2015-0262 / TRP 2015-0184 72 ITEM NUMBER: ITEM NUMBER: 4 DATE: 7-21-15 73 ITEM NUMBER: ITEM NUMBER: 4 DATE: 7-21-15 ATTACHMENT 5: Mitigated Negative Declaration 2015-0005 PLN 2015-1548 / PPN 2015-0262 / TRP 2015-0184 See pages to follow. 74 75 CITY OF ATASCADERO PROPOSED MITIGATED NEGATIVE DECLARATION #2015-0005 6500 Palma 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 2015-1548 / PPN 2015-0262 / TRP 2015-0184 (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 Exhibit A). Prepared By: Katie Banister, Contract Planner Date Posted: June 29, 2015 Public Review Ends: July 20, 2015 Attachments - Aerial Map - Site Plan - Grading and Drainage Plan - Elevations - Conceptual Floor Plan - Tree Protection Plan - Letter of Justification for Tree Removal - Site Photos - National Wetlands Inventory Map - Fire Hazard Risk Map - FEMA Flood Zone Map - Liquefaction and Landslide Risk Assessment - Seismic Risk Assessment - Fault Line Map - Soil Erodibility Map - Soil Septic Suitability and Expansiveness Assessment - Department of Toxic Substances Control: EnviroStor Map - Airport Location Relative to Project Site - Tsunami Inundation Risk Map - Exhibit A: Initial Study 2015-0005 Property Owner/Applicant: Donald and Martha Dutcher, 6450 Lomitas Rd., Atascadero, CA 93422 Project Title: PLN 2015-1548 / PPN 2015-0262 / TRP 2015-0184 Construct a single-family dwelling with an attached garage and separate detached garage. Grading and the removal of native trees required for the building pads and driveway. Project Location: 6525 Lomitas Rd., Atascadero, CA 93422 (This is a correction; address was originally given erroneously as 6805 Lomitas Rd.) (San Luis Obispo County) APN: 055-451-018 Project Description: The project consists of an application to construct a 2,136 square foot (SF) single-family home with a 720 SF attached garage and a separate 1,200 SF detached garage. The project will include a circular, 12-foot-wide gravel driveway and an on-site septic system. The project will result in an increase of 8,300 SF of impervious surface. The 3.1 acre lot has a natural grade ranging from 6% to more than 45%. The proposed building pad is located on the flatter area near Lomitas Road, and has a natural grade of 10-14%. Grading for the project will be approximately 400 cubic yards of cut and 400 cubic yards of fill. The property has hundreds of native oaks trees, four of which are proposed for removal. General Plan Designation: RE Zoning District: RS 76 CITY OF ATASCADERO INITIAL STUDY 06/29/15 LOMITAS CORR P2 ENVIRONMENTAL CHECKLIST FORM Environmental Review 2015-0005 Lead Agency Name and Address: City of Atascadero 6500 Palma Avenue, Atascadero, CA 93422 Contact Person and Phone Number: Katie Banister, Contract Planner City of Atascadero, Phone: (805) 470-3480 General Plan Designation: Rural Estate (RE) Zoning: Residential Suburban (RS) Surrounding Land Uses and Setting East: RE North: RE South: RE West: RE Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement) None Property Owner/Applicant: Donald and Martha Dutcher, 6450 Lomitas Rd., Atascadero, CA 93422 Certified Arborist: Chip Tamagni, A&T Arborists, PO Box1311, Templeton, CA 93465 Project Title: PLN 2015-1548 / PPN 2015-0262 / TRP 2015-0184 Construct a single-family dwelling with an attached garage and separate detached garage. Grading and the removal of native trees required for the building pads and driveway. Project Location: 6525 Lomitas Rd., Atascadero, CA 93422 (This is a correction; address was originally given erroneously as 6805 Lomitas Rd.) (San Luis Obispo County) APN: 055-451-018 Project Description: The project consists of an application to construct a 2,136 square foot (SF) single-family home with a 720 SF attached garage and a separate 1,200 SF detached garage. The project will include a circular, 12-foot-wide gravel driveway and an on-site septic system. The project will result in an increase of 8,300 SF of impervious surface. The 3.1 acre lot has a natural grade ranging from 6% to more than 45%. The proposed building pad is located on the flatter area near Lomitas Road, and has a natural grade of 10-14%. Grading for the project will be approximately 400 cubic yards of cut and 400 cubic yards of fill. The property has hundreds of native oaks trees, four of which are proposed for removal. General Plan Designation: RE Zoning District: RS 77 CITY OF ATASCADERO INITIAL STUDY 06/29/15 LOMITAS CORR P2 Attachment 1 Aerial Map Project Site: 6525 Lomitas Rd, Atascadero Proposed Building Location 78 CITY OF ATASCADERO INITIAL STUDY 06/29/15 LOMITAS CORR P2 Attachment 2 Site Plan 79 CITY OF ATASCADERO INITIAL STUDY 06/29/15 LOMITAS CORR P2 Attachment 3 Grading and Drainage Plan Proposed Residence Retaining Wall Proposed Shop Septic Leach Field Gravel Driveway Drainage Swale Drainage Swales Drainage Swale Drainage Swale Concrete Apron Existing Culvert 80 CITY OF ATASCADERO INITIAL STUDY 06/29/15 LOMITAS CORR P2 Attachment 4 Elevations Front of Home South 81 CITY OF ATASCADERO INITIAL STUDY 06/29/15 LOMITAS CORR P2 North – Attached Garage 82 CITY OF ATASCADERO INITIAL STUDY 06/29/15 LOMITAS CORR P2 Detached Shop - South Detached Shop - West / Facing Lomitas Rd. 83 CITY OF ATASCADERO INITIAL STUDY 06/29/15 LOMITAS CORR P2 Attachment 5 Conceptual Floor Plan 84 CITY OF ATASCADERO INITIAL STUDY 06/29/15 LOMITAS CORR P2 Attachment 6 Tree Protection Plan Legend 1 Tree # Proposed Tree Removal Tree Protection Fencing 4 5 6 7 3 2 1 9 8 Retaining Wall 85 CITY OF ATASCADERO INITIAL STUDY 06/29/15 LOMITAS CORR P2 Trees Proposed for Removal Tree Number Species Size (DBH inches) Condition 4 Quercus agrifolia (live oak) 14 5 5 Quercus agrifolia (live oak) 22 5 6 Quercus lobata (valley oak) 34 4 7 Quercus lobata (valley oak) 20 4 Condition Description 4 May have had minor past failures, excessive deadwood or minor structural defects that can be mitigated with pruning. 5 Relatively healthy tree with little visual structural and/or pest defects. 86 CITY OF ATASCADERO INITIAL STUDY 06/29/15 LOMITAS CORR P2 Attachment 7 Statement of Justification for Tree Removal 87 CITY OF ATASCADERO INITIAL STUDY 06/29/15 LOMITAS CORR P2 88 CITY OF ATASCADERO INITIAL STUDY 06/29/15 LOMITAS CORR P2 Attachment 8 Site Photos View of building site, looking east from northwest corner View looking southeast along Lomitas Rd. 89 CITY OF ATASCADERO INITIAL STUDY 06/29/15 LOMITAS CORR P2 Valley oak trees #6 (on left) and #7 (on right) proposed for removal 90 CITY OF ATASCADERO INITIAL STUDY 06/29/15 LOMITAS CORR P2 Live oak trees #4 and #5 proposed for removal Existing drainage pipe at northwest corner 91 CITY OF ATASCADERO INITIAL STUDY 06/29/15 LOMITAS CORR P2 Building site staked out, looking northwest; tree #6 in footprint Building site staked out, looking southeast; tree #5 on left, tree #6 on right 92 CITY OF ATASCADERO INITIAL STUDY 06/29/15 LOMITAS CORR P2 Attachment 9 National Wetlands Inventory Map Project Site: 6525 Lomitas Rd., Atascadero 93 CITY OF ATASCADERO INITIAL STUDY 06/29/15 LOMITAS CORR P2 Attachment 10 Fire Hazard Risk Map High Fire Hazard Zone Project Site: 6525 Lomitas Rd., Atascadero 94 CITY OF ATASCADERO INITIAL STUDY 06/29/15 LOMITAS CORR P2 Attachment 11 FEMA Flood Zone Map Flood Zone X: Outside the 0.2% Annual Chance Floodplain Project Site: 6525 Lomitas Rd., Atascadero 95 96 CITY OF ATASCADERO INITIAL STUDY 06/29/15 LOMITAS CORR P2 Attachment 12 Liquefaction and Landslide Risk Assessment Excerpt from: Geotechnical Engineering Report for Proposed Single Family Residence and Detached Garage, 6525 Lomitas Road, Atascadero, California, April 8, 2015 by Beacon Geotechnical, Inc. 97 CITY OF ATASCADERO INITIAL STUDY 06/29/15 LOMITAS CORR P2 Attachment 13 Seismic Risk Assessment Excerpt from: Geotechnical Engineering Report for Proposed Single Family Residence and Detached Garage, 6525 Lomitas Road, Atascadero, California, April 8, 2015 by Beacon Geotechnical, Inc. 98 CITY OF ATASCADERO INITIAL STUDY 06/29/15 LOMITAS CORR P2 99 CITY OF ATASCADERO INITIAL STUDY 06/29/15 LOMITAS CORR P2 Attachment 14 Fault Line Map Project Site: 6525 Lomitas Rd., Atascadero 100 CITY OF ATASCADERO INITIAL STUDY 06/29/15 LOMITAS CORR P2 Attachment 15 Soil Erodibility Map Moderate Soil Erodibility Moderate to High Soil Erodibility Project Site: 6525 Lomitas Rd., Atascadero 101 CITY OF ATASCADERO INITIAL STUDY 06/29/15 LOMITAS CORR P2 Attachment 16 Soil Septic Suitability and Expansiveness Assessment Excerpt from: Geotechnical Engineering Report for Proposed Single Family Residence and Detached Garage, 6525 Lomitas Road, Atascadero, California, April 8, 2015 by Beacon Geotechnical, Inc. 102 CITY OF ATASCADERO INITIAL STUDY 06/29/15 LOMITAS CORR P2 Attachment 17 Department of Toxic Substances Control: EnviroStor Map Project Site: 6525 Lomitas, Atascadero 103 CITY OF ATASCADERO INITIAL STUDY 06/29/15 LOMITAS CORR P2 Attachment 18 Airport Location Relative to Project Site Map Atascadero Paso Robles Airport- Land Use Plan Boundaries (2005) 104 CITY OF ATASCADERO INITIAL STUDY 06/29/15 LOMITAS CORR P2 Attachment 19 Tsunami Inundation Risk Map Project Site 6525 Lomitas Rd. Atascadero 105 CITY OF ATASCADERO INITIAL STUDY 06/29/15 LOMITAS CORR P2 Exhibit A Mitigation Monitoring Program PLN 2015-1548 / PPN 2015-0262 / TRP 2015-0184 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. Agency Requirement FED: Federal Government CAL: California Government LOC: Local Government 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 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. BP BS/PS LOC Mitigation Measure 3.b.1: The project shall comply with all applicable San Luis Obispo County Air Pollution Control District (APCD) regulations pertaining to the control of fugitive dust (PM10) including: 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 name and telephone number of such persons sh all be provided to the APCD Compliance Division prior to the start of any grading, earthwork or demolition. BP BS/PS CAL/FED Mitigation Measure 3.b.2: The project shall comply with all applicable San Luis Obispo County Air Pollution Control District (APCD) regulations pertaining to Naturally Occurring Asbestos (NOA). Prior to any grading activities, a geologic evaluation shall 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 CAL 106 CITY OF ATASCADERO INITIAL STUDY 06/29/15 LOMITAS CORR P2 Exhibit A Mitigation Monitoring Program PLN 2015-1548 / PPN 2015-0262 / TRP 2015-0184 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. Agency Requirement FED: Federal Government CAL: California Government LOC: Local Government Mitigation Measure 3.b.3: Developmental burning of vegetative material shall be prohibited. BP BS/PS CAL Mitigation Measure 4.e.1: A Tree Protection Plan prepared by a Certified Arborist has been prepared for the project. Tree protection fencing and other tree protection measures shall be installed at locations identified in the Tree Protection Plan. An inspection of the tree protection measures shall be completed by City staff prior to issuance of building permits. BP BS/PS LOC 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. 8. Any foundation or other structure that encroaches within the drip line of trees to be saved shall be dug by hand. 9. At no time shall tree roots be ripped with construction equipment. BP BS/PS LOC Mitigation Measure 4.e.3: The applicant or their agent 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 BP BS/PS LOC 107 CITY OF ATASCADERO INITIAL STUDY 06/29/15 LOMITAS CORR P2 Exhibit A Mitigation Monitoring Program PLN 2015-1548 / PPN 2015-0262 / TRP 2015-0184 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. Agency Requirement FED: Federal Government CAL: California Government LOC: Local Government 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. Measures to ensure root protection during any trenching activities shall be addressed in the arborist report as necessary. BP PS LOC Mitigation Measure 4.e.5: 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. BP PS LOC Mitigation Measure 4.e.6: 24 five-gallon (or equivalent number of smaller trees) will be planted as mitigation for the native trees removed for this project. Six (6) coast live oak trees, and eighteen (18) valley oak or other deciduous native oak species will be required. The applicant may choose to make a payment to the Atascadero native tree mitigation fund. The project arborist will review the proposed locations of the mitigation plantings to ensure best rate of survival. BP PS LOC 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 his torical 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 CAL 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 both the Chumash Tribe and the Salinan Tribe shall be notified and present during the excavation of any remains. Ongoing PS CAL Mitigation Measure 6.a.1: All building permit application plans shall be consistent with the Atascadero Building Construction Code and the current California Building Code to ensure the buildings can withstand the Maximum Considered Earthquake for the site. BP CE LOC/CAL 108 CITY OF ATASCADERO INITIAL STUDY 06/29/15 LOMITAS CORR P2 Exhibit A Mitigation Monitoring Program PLN 2015-1548 / PPN 2015-0262 / TRP 2015-0184 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. Agency Requirement FED: Federal Government CAL: California Government LOC: Local Government Mitigation Measure 6.b.1 All 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 CAL Mitigation Measure 6.b.2: All cut and fill slopes shall be hydro seeded with an appropriate erosion control method (erosion control blanket, hydro- mulch, or straw mulch appropriately anchored) immediately after completion of earthwork. All disturbed slopes shall have appropriate erosion control methods in place. Duration of the project: The contractor will be responsible for the clean-up of any mud or debris that is tracked onto public streets by construction vehicles. BP BS/PS CAL Mitigation Measure 6.c.d.1: All building permit application plans shall be required to follow the recommendations provided in the geotechnical report submitted for the project to assure safety for residents and buildings. BP BS/PS LOC/CAL Mitigation Measure 6.e.1: Consistent with the geotechnical report submitted for the project, the septic system plans shall be designed for a soil percolation rate of 40 minutes per inch to ensure proper septic system function. BP BS/CE LOC/CAL Mitigation Measure 8.h.1: During building permit review, the Fire Department will verify appropriate fire hydrant locations, proper driveway design, and fire resistant building materials consistent with the California Building Code and Atascadero General Plan Safety and Noise Element. All new residential structures require installation of a fire suppression system. The Atascadero Municipal Code requires the maintenance of a defensible space around all structures and driveways that meet Fire Department standards. BP BS/FD LOC/CAL Mitigation Measure 9.e.1: The contractor of record 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 CAL Mitigation Measure 9.e.2: a. Limit disturbance of creeks and natural drainage features. 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. BP BS/PS CAL 109 CITY OF ATASCADERO INITIAL STUDY 06/29/15 LOMITAS CORR P2 Exhibit A Mitigation Monitoring Program PLN 2015-1548 / PPN 2015-0262 / TRP 2015-0184 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. Agency Requirement FED: Federal Government CAL: California Government LOC: Local Government Mitigation Measure 9.e.3: Minimize storm water runoff by implementing these site design measures indicated on the Proposed Grading and Drainage Plan for the Project : a. All roof and driveway runoff will be conveyed to infiltration trench systems near the residence. b. The site will be graded to promote sheet flow into landscaped or native areas. c. Any concentrated runoff will be conveyed in permeable (grass or vegetated) swales as shown. Any landscaping will be installed to enhance collection and infiltration of site storm water to the maximum degree possible. d. All access surfaces (walks, patios, etc.) will be disconnected or permeable surfaces (e.g. DG) to the maximum degree possible to break up concentrated flow and promote infiltration. BP BS/PS LOC/CAL Mitigation Measure 9.e.4: Minimize erosion during construction by implementing these erosion control measures: a. Reseed disturbed surfaces by hand or hydroseed with a native seed mixture. b. During the rainy season (October 15 through April 15), install temporary straw wattles and/or fiber rolls every 50 feet along both driveways. c. During the rainy season, install temporary silt fencing on the downhill edge of grading and other construction activities, d. During the rainy season, install temporary mud and sediment control at construction site entrances. BP BS/PS LOC/CAL Mitigation Measure 12.d.1: All construction activities shall comply with the City of Atascadero Noise Ordinance for hours of operation. BP BS/PS LOC Mitigation Measure 16.e.1: The proposed home shall be consistent with Atascadero Fire Department Standards including appropriate design of the driveway, any required fire turnaround, and a fire suppression system. The Atascadero Fire Department must approve driveway, turnaround and suppression system prior to permit issuance. The Atascadero Weed Abatement Program requires parcels to establish defensible space every spring by clearing noxious weeds and refuse. The proposed home shall be consistent with the Atascadero Building Construction Code and the California Building Code. The Atascadero Building Department must approve building design and materials to ensure the project will meet fire safety standards. BP BS/FD LOC 110 CITY OF ATASCADERO INITIAL STUDY 06/29/15 LOMITAS CORR P2 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. 06/29/15 Katie Banister Date Contract Planner 111 CITY OF ATASCADERO INITIAL STUDY 06/29/15 LOMITAS CORR P2 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 simply 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 mitigation, 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" entr ies 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 legal 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 Inc orporated," 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 source 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. 112 CITY OF ATASCADERO INITIAL STUDY 06/29/15 Page 36 LOMITAS CORR P2 Initial Study 2015-0005 PLN 2015-1548 / PPN 2015-0262 / TRP 2015-0184 6525 Lomitas Rd. 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; Gobler, 2015; Elkins, 2015; State of California Department of Transportation, undated DISCUSSION: 1.a. The proposed project does not obscure a designated scenic vista. Scenic vistas are described as landscapes, “visible to a large number of people. The site is in a valley and is only visible from a limited area. The rear of the property is steep and heavily wooded; it is unlikely the proposed house will be seen from Rayar Road up the hill. 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 or vacant properties with zoning for single family residences. Reference Attachment 1 for an aerial photograph of the project site, and Attachment 8 for photographs 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 eliminate off-site glare. 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 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. 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 Conservation 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? b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? 113 CITY OF ATASCADERO INITIAL STUDY 06/29/15 Page 37 LOMITAS CORR P2 Initial Study 2015-0005 PLN 2015-1548 / PPN 2015-0262 / TRP 2015-0184 6525 Lomitas Rd. Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact 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: Gobler, 2015; State of California Department of Conservation, 2015; Crawford Multari & Clark, Omni- Means, and the City of Atascadero Community Development Department, 2004 DISCUSSION 2.a. The property is not shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Department of Conservation 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: San Luis Obispo County Air Pollution Control District, 2012; Gobler, 2015; Project Description DISCUSSION: 3. a.c.) The San Luis Obispo Air Quality Control Board has established criteria for screening projects to determine when air quality assessment and/or mitigation is required. Single family housing developments smaller than 68 dwelling units are not expected to exceed the APCD Annual GHG Bright Line Threshold or the APCD Daily Ozone Precursor Significance Threshold. The proposed project is for one dwelling unit; it does not require air quality assessment or mitigation. 3.b.) Construction activities, including site grading, have the potential to produce small quantities of air pollutio n that 114 CITY OF ATASCADERO INITIAL STUDY 06/29/15 Page 38 LOMITAS CORR P2 Initial Study 2015-0005 PLN 2015-1548 / PPN 2015-0262 / TRP 2015-0184 6525 Lomitas Rd. Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact include dust and equipment exhaust. Air quality impacts from construction will be temporary and short term. The CEQA Air Quality Handbook gives estimates for expected emission rates of Diesel PM (DPM), Reactive Organic Gases (ROG) and Oxides of Nitrogen (NOx), and Fugitive Dust (PM10). Using Table 2-2: Screening Emission Rates for Construction Operations and based on the engineer’s estimate of 400 cubic yards of cut and 400 cubic yards of fill for the site, the proposed project is expected to emit an estimated total of 3.92 lbs of Diesel PM, 16.24 lbs of ROG, 74.8 lbs of NOx; and 0.75 tons of PM10 each month during grading. These amounts fall below the thresholds of significance for construction operations for each measure, with the exception of PM10. The project will be conditioned to comply with all applicable APCD regulations pertaining to the control of fugitive dust (PM10). 3.d.e) The construction of a single family residence will not concentrate pollutants or create objectionable odors. Mitigation Measure 3.b.1: The project shall comply with all applicable San Luis Obispo County Air Pollution Control District regulations pertaining to the control of fugitive dust (PM10) including: G. Reduce the amount of the disturbed areas where possible; H. 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; I. All dirt stock pile areas should be sprayed daily as needed; J. 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 see ding or soil binders are used; K. All of these fugitive dust mitigation measures shall be shown on grading and building plans; L. The contractor or builder shall designate a person or person to monitor the fugitive dust emissions and enhance the implementation of the measures as necessary to minimize dust complains, reduce visible emission below 20% opacity, and to prevent transport of dust offsite. Their duties shall include holidays and weekend periods when work may not be in progress. The name and telephone number of such persons shall be provided to the APCD Compliance Division prior to the start of any grading, earthwork or demolition. Mitigation Measure 3.b.2: The project shall comply with all applicable San Luis Obispo County Air Pollution Control District regulations pertaining to Naturally Occurring Asbestos (NOA). Prior to any grading activities a geologic evaluation shall 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.3: Developmental burning of vegetative material shall be prohibited. 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? 115 CITY OF ATASCADERO INITIAL STUDY 06/29/15 Page 39 LOMITAS CORR P2 Initial Study 2015-0005 PLN 2015-1548 / PPN 2015-0262 / TRP 2015-0184 6525 Lomitas Rd. Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, 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: City of Atascadero, 2015; Crawford Multari & Clark, Omni-Means, and the City of Atascadero Community Development Department, 2004; Gobler, 2015; Site Visit; U.S. Fish and Wildlife Service, 2015 DISCUSSION: 4.a. There are no known sensitive species located within the project site. 4.b.c. The U.S. Fish and Wildlife Service National Wetland Inventory Database lists no wetlands or other riparian habitat within the project site. The site is in the Boulder Creek watershed; Boulder Creek is about 1,000 feet to the southwest. Boulder Creek joins Graves Creek about 2,500 feet to the southeast of the site. Refer to Attachment 9. 4.d. The Environmental Impact Report prepared for the Land Use Element of the Atascadero General Plan expects development to occur on this parcel, but does not anticipate a significant impact on wildlife or wildlife corridors. 4.e An Arborist Report and Tree Protection Plan have been prepared for the project. Four native trees are proposed for removal; 2 live oak trees, and 2 valley oak trees. The arborist report and tree protection plan is consistent with the Atascadero Native Tree Ordinance. Twenty-four (24) native trees must be planted as mitigation for the proposed tree removals or the applicant may choose to make a payment of $1,200 into the City tree mitigation fund. The project arborist will be required to review the proposed locations of the mitigation plantings to ensure best rate of survival should that option be chosen. 4.f. The proposed project is not located in an area that will conflict 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: A Tree Protection Plan prepared by a Certified Arborist has been prepared for the project. Tree protection fencing and other tree protection measures shall be installed at locations identified in the Tree Protection Plan. An inspection of the tree protection measures shall be completed by City staff prior to issuance of building permits. Mitigation Measure 4.e.2: Grading and excavation 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 the use of any heavy equipment in proximity to the tree. 4. Vehicles and stockpiled material shall be stored outside the dripline of all trees. 5. All trees with driplines 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 116 CITY OF ATASCADERO INITIAL STUDY 06/29/15 Page 40 LOMITAS CORR P2 Initial Study 2015-0005 PLN 2015-1548 / PPN 2015-0262 / TRP 2015-0184 6525 Lomitas Rd. Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact 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. Any foundation or other structure that encroaches within the dripline of trees to be saved shall be dug by hand. 9. At no time shall tree roots be ripped with construction equipment. Mitigation Measure 4.e.3: The applicant or their agent 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 pro tection 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. Measures to ensure root protection during any trenching activities shall be addressed in the arborist report as necessary. Mitigation Measure 4.e.5: Seeds and other plant materials used for erosion control and 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.: Twenty-four 5-gallon (or equivalent number of smaller trees) will be planted as mitigation for the native trees removed for this project. Six (6) coast live oak trees, and eighteen (18) valley oak or other deciduous native oak species will be required. The applicant may choose to make a payment to the Atascadero native tree mitigation fund. 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; Gobler, 2015; Association of Environmental Professionals, 2014; City of Atascadero GIS Data; Site Visit DISCUSSION: 5.a. There are no known historic resources located on or adjacent to the project site. 5.b. There are no known archaeological resources located on or adjacent to the project site, however grading may 117 CITY OF ATASCADERO INITIAL STUDY 06/29/15 Page 41 LOMITAS CORR P2 Initial Study 2015-0005 PLN 2015-1548 / PPN 2015-0262 / TRP 2015-0184 6525 Lomitas Rd. Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact unearth resources. Mitigation is proposed to make this impact less than significant. 5. c. There are no known paleontological resources or unique geologic features on or adjacent to the project site. 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. 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 an historical resource. If the archaeological site is an historical resource, the City shall refer to the Public Resources Code 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: Beacon Geotechnical, Inc., 2015; Project description; Gobler, 2015, City of Atascadero GIS Data; Wallace Group, 2009 118 CITY OF ATASCADERO INITIAL STUDY 06/29/15 Page 42 LOMITAS CORR P2 Initial Study 2015-0005 PLN 2015-1548 / PPN 2015-0262 / TRP 2015-0184 6525 Lomitas Rd. Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact DISCUSSION: 6.a. The site is not within an Earthquake Fault Zone. Nearby faults include the Rinconada Fault, the Hosgri Fault and the San Andreas Fault with potential earthquake magnitudes between 7.3 and 8.0 on the Richter Scale. The site has minimal potential for landslides, and low potential for liquefaction and/or lateral spreading (Beacon Geotechnical, Inc., 2015). The building will be constructed in conformance with the Atascadero Building Construction Code and the California Building Code, which requires earthquake resistant design of buildings with respect to the Maximum Considered Earthquake for the area. Refer to Attachments 12, 13, and 14. 6.b. The Natural Resources Conservation Service soil survey map for the area indicates the site is moderately to highly erodible. During construction and post-construction, the site will be required to comply with sedimentation and erosion control measures in the Atascadero Stormwater Management Plan, and consistent with State Water Resources Control Board General Construction Activities Stormwater Permit and other adopted rules of the Central Coast Regional Water Quality Control Board. Refer to Attachment 15. 6.c. The site contains no unusual geologic formations. It has minimal potential for landslides, and low potential for liquefaction and/or lateral spreading (Beacon Geotechnical, Inc., 2015). 6.d. The site has bearing soils in the “low” range for expansion (Beacon Geotechnical, Inc., 2015). 6.e. The site is not served by the municipal sewer, and will require a septic system to dispose of wastewater. The soil is capable of percolating water at a rate between 20 and 40 minutes per inch (Beacon Geotechni cal, Inc., 2015). Mitigation Measure 6.a.1: All building permit application plans shall be consistent with the Atascadero Building Construction Code and the current California Building Code to ensure the buildings can withstand the Maximum Considered Earthquake for the site. Mitigation Measure 6.b.1: All 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 for the 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. Mitigation Measure 6.c.d.1: All building permit application plans shall be required to follow the recommendations provided in the geotechnical report submitted for the project to assure safety for residents and buildings. Mitigation Measure 6.e.1: Consistent with the geotechnical report submitted for the project, the septic system plans shall be designed for a soil percolation rate of 40 minutes per inch to ensure proper septic system function. 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; Gobler, 2015; San Luis Obispo County Air Pollution Control District, 2012; Rincon Associates, 2014; Crawford Multari & Clark, Omni-Means, and the City of Atascadero Community Development Department, 2004 DISCUSSION: 119 CITY OF ATASCADERO INITIAL STUDY 06/29/15 Page 43 LOMITAS CORR P2 Initial Study 2015-0005 PLN 2015-1548 / PPN 2015-0262 / TRP 2015-0184 6525 Lomitas Rd. Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact 7.a. The project will not generate greenhouse gas emission directly or indirectly that will have a significant 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 gases. The proposed project is consistent with adopted 2014 Climate Action Plan (CAP). Project applicants/owners are encouraged to reduce GHG emissions through voluntary measures such as exceeding the energy efficiency requirements of Title 24, installing photovoltaic solar panels, and driving a low emission vehicle. 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 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 hazardous 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; Crawford Multari & Clark, Omni-Means, and the City of Atascadero Community Development Department, 2004; State of California Department of Toxic Substances Control, 2009; City of Atascadero Fire Department, 20008; City of Atascadero GIS data DISCUSSION 8a.b.c. The proposed single-family residence will not generate or use significant amounts of hazardous materials. The 120 CITY OF ATASCADERO INITIAL STUDY 06/29/15 Page 44 LOMITAS CORR P2 Initial Study 2015-0005 PLN 2015-1548 / PPN 2015-0262 / TRP 2015-0184 6525 Lomitas Rd. Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact nearest public school is Monterey Road Elementary, almost 2 miles to the east. 8.d. The proposed project is not included in the California Environmental Protection Agency Department of Toxic Substances Control EnviroStor Data Management System as a site with hazardous materials. Refer to Attachment 17 8.e.f. The property is not located in close proximity to a public or private airport or airstrip. Refer to Attachment 18. 8.g. The Atascadero General Plan anticipates residential development in this area . The Atascadero Area Evacuation Map includes a route for evacuating residents from this area and Lomitas Road in particular. 8.h. The site has a high fire risk severity rating. Fire Department response is expected to take 8-9 minutes. Refer to Attachment 10. Mitigation Measure 8.h.1: During building permit review, the Fire Department will verify appropriate fire hydrant locations, proper driveway design, and fire resistant building materials consistent with the California Building Code and Atascadero General Plan Safety and Noise Element. All new residential structures require installation of a fire suppression system. The Atascadero Municipal Code requires the maintenance of a defensible space around all structures and driveways that meet Fire Department standards. 9. HYDROLOGY AND WATER QUALITY -- Would the project: a) Violate any water quality standards or waste discharge 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 121 CITY OF ATASCADERO INITIAL STUDY 06/29/15 Page 45 LOMITAS CORR P2 Initial Study 2015-0005 PLN 2015-1548 / PPN 2015-0262 / TRP 2015-0184 6525 Lomitas Rd. Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? ____________________________________________________________________________________________ SOURCES: Project description; City of Atascadero GIS data; Gobler, 2015; Central Coast Regional Water Quality Control Board, 2013; State of California, 2009; Atascadero Mutual Water Company, 2006 DISCUSSION: 9a. The construction of the single family residence has the potential to increase stormwater runoff quantity and decrease stormwater quality. The will not violate water quality standards. 9b. The Atascadero Mutual Water Company’s Urban Water Master Plan takes into account projected growth in the City of Atascadero. The plan anticipates demand for new development to ensure ground water supplies will not be depleted. 9.c.d.f. The existing drainage pattern on the site is generally from east to west. The land slopes in this direction and continues downhill to Boulder Creek about 1,000 feet to the west. There is an existing culvert at the northwest corner of the site, which moves stormwater from the east side of Lomitas Road to the west side of the street. The proposed plan will create 8,300 square feet of new impervious surface. The Central Coast Water Quality Control Board Post Construction Stormwater Management Requirements classify the majority of the site as part of Watershed Management Zone (WMZ) 2. The lowest lying and flattest portion of the site is in WMZ 1. Zones 1 and 2 are characterized by draining to a stream or wetland. The appropriate management approach emphasizes minimizing overland flow and promoting infiltration. The proposed grading and drainage plan for the site utilizes multiple vegetated swales to move water around the building pad and into infiltration trenches . While site grading will cause some changes to localized on-site drainage patterns, the larger, watershed scale pattern including the course of Boulder Creek and Graves Creek will not be affected. The proposed project shall comply with erosion and sediment control measures required by the Atascadero Stormwater Management Plan, and consistent with the State Water Resources Control Board General Construction Activities Stormwater Permit and other adopted rules of the Central Coast Regional Water Quality Control Board. Drainage will not be permitted to create or intensify any hazards for persons or property in the vicinity. 9.e. The project will create 8300 square feet of new impervious surface, which has the potential to increase stormwater runoff both on and off site. 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. 9.g.h.i. The proposed residence is outside of the 100-year flood hazard area, and is not in the Salinas Dam Inundation area. Refer to Attachment 11. 9.j. The project area is not subject to inundation by a tsunami , according to the California Department of Conservation. See Attachment 19. Mitigation Measure 9.e.1: The contractor of record shall be responsible for ensuring that all contractors on the project are aware of all stormwater 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. Mitigation Measure 9.e.2: a. Limit disturbance of creeks and natural drainage feature s. 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 Mitigation Measure 9.e.3: Minimize storm water runoff by implementing these site design measures indicated on the Proposed Grading and Drainage Plan for the Project : a. All roof and driveway runoff will be conveyed to infiltration trench systems near the residence. 122 CITY OF ATASCADERO INITIAL STUDY 06/29/15 Page 46 LOMITAS CORR P2 Initial Study 2015-0005 PLN 2015-1548 / PPN 2015-0262 / TRP 2015-0184 6525 Lomitas Rd. Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact b. The site will be graded to promote sheet flow into landscaped or native areas. c. Any concentrated runoff will be conveyed in permeable (grass or vegetated) swales as shown. Any landscaping will be installed to enhance collection and infiltration of site storm water to the maximum degree possible. d. All access surfaces (walks, patios, etc.) will be disconnected or permeable surfaces (e.g. DG) to the maximum degree possible to break up concentrated flow and promote infiltration. Mitigation Measure 9.e.4: Minimize erosion during construction by implementing these erosion control measures: a. Reseed disturbed surfaces by hand or hydroseed with a native seed mixture. b. During the rainy season (October 15 through April 15), install temporary straw wattles and/or fiber rolls eve ry 50 feet along both driveways. c. During the rainy season, install temporary silt fencing on the downhill edge of grading and other construction activities, d. During the rainy season, install temporary mud and sediment control at construction site entrances. 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: Crawford Multari & Clark, Omni-Means, and the City of Atascadero Community Development Department, 2004; project description; City of Atascadero, 2015 DISCUSSION: 10.a. The project will not physically divide an established community. The proposed home will fill a vacant lot along Lomitas Road, in the Residential Suburban (RS) zoning district. 10.b. The General Plan identifies the proposed home as a compatible use in the Residential Suburban (RS) 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. The City’s Hillside Grading Guidelines are general strategies adopted by the City Council to address several goals of the General Plan that address the protection of hills and woodlands in Atascadero. The Guidelines recommend building sites be selected to minimize the need for grading and tree removals while allowing flexibility for property owners to select the building site to fit their needs. The guidelines allow cut and fill pads on land with a slope less than 30% where native tree removals are minimal. The cut pad must be reasonably sized to the house footprint; graded flat yard areas should be minimized. While the proposed project includes a circular driveway that pushes the footprint of the structures into steeper ground and necessitates possibly avoidable tree removals, the property owners’ agent has provided a letter of justification outlining the needs of the property owner in selecting the proposed location for their home. Refer to Attachment 7. 10.c. There are no adopted habitat conservation plans or natural community conservation plans in this area. 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? b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general 123 CITY OF ATASCADERO INITIAL STUDY 06/29/15 Page 47 LOMITAS CORR P2 Initial Study 2015-0005 PLN 2015-1548 / PPN 2015-0262 / TRP 2015-0184 6525 Lomitas Rd. Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact plan, specific plan or other land use plan? SOURCES: Crawford Multari & Clark, Omni-Means, and the City of Atascadero Community Development Department, 2004; project description; site visit. DISCUSSION: 11.a.b. No known mineral resources have been identified in the area. 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; Crawford Multari & Clark, Omni-Means, and the City of Atascadero Community Development Department, 2004; City of Atascadero, 2015; City of Atascadero GIS data DISCUSSION: 12a.b.c.d. Construction equipment and the use of impact tools are expected to temporarily raise the level of noise in the vicinity. The future home is not expected to generate noise beyond that allowed by the Atascadero Municipal Code. 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 18. 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 roads or other infrastructure)? 124 CITY OF ATASCADERO INITIAL STUDY 06/29/15 Page 48 LOMITAS CORR P2 Initial Study 2015-0005 PLN 2015-1548 / PPN 2015-0262 / TRP 2015-0184 6525 Lomitas Rd. Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact 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; Crawford Multari & Clark, Omni-Means, and the City of Atascadero Community Development Department, 2004 DISCUSSION: 13.a. One home will be built where the general plan anticipates single family residential housing. 13.b.c. No housing or persons will be displaced. 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: Crawford Multari & Clark, Omni-Means, and the City of Atascadero Community Development Department, 2004 DISCUSSION: Development Impact Fees: Development Impact Fees address the cumulative impact of new development on City services. Fee categories include: Drainage Fees; Streets, Road, and Bridge Fees; Sewer Fees; Public Safety Fees; Park Fees, and Miscellaneous Fees. Development Impact Fees shall be required for approval of this project, and will be assessed by the City at the time of building permit issuance. In addition, school fees will be collected by the Atascadero Unified School District. Fire and Police: The Fire Department of the City of Atascadero 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 adequate resources to service this location. 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 school fees to fund additional schools as needed. State law restricts mitigation of school impacts to the levying of these fees and other measures adopted by the school district. Provision of adequate facilities for the population is the responsibility of the school district. School fees are assessed by the school district, and collected at the time of building permit issuance for each residential unit. 125 CITY OF ATASCADERO INITIAL STUDY 06/29/15 Page 49 LOMITAS CORR P2 Initial Study 2015-0005 PLN 2015-1548 / PPN 2015-0262 / TRP 2015-0184 6525 Lomitas Rd. Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact Parks: Individual new residences do not significantly increase demand on existing City parks and recreation facilities. The City’s Parks & Recreation Commission is committed to finding ways to continue to provide 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 sign ificant impacts on any other public facilities. 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; Crawford Multari & Clark, Omni-Means, and the City of Atascadero Community Development Department, 2004. DISCUSSION: 15.a. Residents are expected to use existing parks and recreational facilities, but the impact of this project is not expected to result in substantial physical deterioration of any facilities. Cumulative effects of development are addressed through the City’s Parks & Recreation Commission and the assessment of development impact fees. 15.b. The project does not involve construction of recreational facilities. 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? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? 126 CITY OF ATASCADERO INITIAL STUDY 06/29/15 Page 50 LOMITAS CORR P2 Initial Study 2015-0005 PLN 2015-1548 / PPN 2015-0262 / TRP 2015-0184 6525 Lomitas Rd. Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact 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: Crawford Multari & Clark, Omni-Means, and the City of Atascadero Community Development Department, 2004; Gobler, 2015; Institute of Transportation Engineers, 2008; City of Atascadero GIS data DISCUSSION: 16a.b. The Circulation Element in the Atascadero General Plan identifies policies and programs to address cumulative trips in Atascadero. Single family residences are projected to generate 9.57 trips 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 is located on a relative straight but narrow rural roadway. Roads in the vicinity are similar. The proposed project will not substantially increase traffic on these roads. Other users are primarily residents of neighboring properties. The design of the proposed circular driveway allows traffic from the project site to avoid backing up into the public road. No significant hazard is created or substantially increased by the project. 16.e. The proposed project is located in a high fire risk area. The Fire Department estimates the site can expect an 8- 9 minute emergency response time. The Fire and Building Departments will review building permit application plans for compliance with Fire Department standards including the location of fire hydrants, design of the driveway, an interior fire suppression system (sprinklers), and fire resistant building materials . Refer to Attachment 10. 16.f. The proposed project will not significantly impact circulation in the area. Cumulative impacts are addressed by development impact fees. Mitigation Measure 16.e.1: The proposed home shall be consistent with Atascadero Fire Department Standards including appropriate design of the driveway, any required fire turnaround, and a fire suppression system. The Atascadero Fire Department must approve driveway, turnaround and suppression system prior to permit issuance. The Atascadero Weed Abatement Program requires parcels to establish defensible space every spring by clearing noxious weeds and refuse. The proposed home shall be consistent with the Atascadero Building Construction Code and the California Building Code. The Atascadero Building Department must approve building design and materials to ensure the project will meet fire safety standards. 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 facilities, 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 127 CITY OF ATASCADERO INITIAL STUDY 06/29/15 Page 51 LOMITAS CORR P2 Initial Study 2015-0005 PLN 2015-1548 / PPN 2015-0262 / TRP 2015-0184 6525 Lomitas Rd. Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact 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 accommodate the project’s solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? SOURCES: Crawford Multari & Clark, Omni-Means, and the City of Atascadero Community Development Department, 2004; Atascadero Mutual Water Company, 2006; Wallace Group, 2009; Gobler, 2015 DISCUSSION: Water: The Atascadero Mutual Water Company (AMWC) will provide water to the proposed project. 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 ci ty’s needs through build out and beyond: Water demand for the City of Atascadero at build out is predicted to be 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 Wate r Project, which provides 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 onsite septic system. Storm Water. The proposed project shall comply with standards of the Atascadero Stormwater Management Plan and the Central Coast Regional Water Quality Control Board including rules for construction and post-construction activities. Stormwater will be managed on-site by the construction of cobbled and/or vegetated swales, and several infiltration trenches indicated on the drainage plan (refer to Attachment 3). An erosion control plan, consistent with Regional Water Quality Control Board standards is required to attain building permits. 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 history 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?  128 CITY OF ATASCADERO INITIAL STUDY 06/29/15 Page 52 LOMITAS CORR P2 Initial Study 2015-0005 PLN 2015-1548 / PPN 2015-0262 / TRP 2015-0184 6525 Lomitas Rd. Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact d) Does the project have the potential to achieve short-term environmental goals to the disadvantage of long term environmental goals? DISCUSSION: The project site is an undeveloped residential parcel which is currently 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: Association of Environmental Professionals (2014). California Environmental Quality Act Statute and Guidelines. Atascadero Mutual Water Company (2006). Urban Water Master Plan. Retrieved from http://www.amwc.us/UrbanWater.asp Beacon Geotechnical, Inc. (2015). Geotechnical Engineering Report For Proposed Single Family Residence and Detached Garage, 6525 Lomitas Road, Atascadero, California. Central Coast Regional Water Quality Control Board (2013). Resolution R3-2013-0032 Post Construction Stormwater Management Requirements for Development Projects in the Central Coast Region. City of Atascadero (2015). Atascadero, California, Municipal Code. City of Atascadero Fire Department (2008). Atascadero Area Evacuation Map. Retrieved from http://www.atascadero.org/files/CS/AtascaderoBikePlanPRC_10_26_10_Draft2.pdf Crawford Multari & Clark, Omni-Means, and the City of Atascadero Community Development Department (2004). City of Atascadero General Plan 2025. Elkins, N. Joe (2015). Elevation Drawings and Floor Plan for 6525 Lomitas Rd., Atascadero. Gobler, Eric (2015). Proposed Site Plan; Grading and Drainage Plan; and Erosion, Sediment and Environmental Control Plan for 6525 Lomitas Rd., Atascadero. Institute of Transportation Engineers (2008). Trip Generation, 8th Edition. Rincon Consultants, Inc. (2014). Atascadero Climate Action Plan. San Luis Obispo County Air Pollution Control District (2012). CEQA Air Quality Handbook. State of California Department of Toxic Substances Control (2009). EnviroStor Database. Retrieved from http://www.envirostor.dtsc.ca.gov/public/ State of California (2009). Tsunami Inundation Map for Emergency Planning, Atascadero Quadrangle, San Luis Obispo County; produced by California Emergency Management Agency, California Geological Survey, and University of Southern California – Tsunami Research Center; dated July 1, 2009, mapped at 1:24,000 scale. State of California Department of Conservation (2015). San Luis Obispo County Important Farmland Map. Retrieved from: http://www.conservation.ca.gov/dlrp/fmmp State of California Department of Transportation (undated). California Scenic Highway Mapping System. Retrieved from: http://www.dot.ca.gov/hq/LandArch/scenic_highways/ Tamagni, Chip (2015). Oak Tree Protection Plan for 6525 Lomitas Rd., Atascadero. United States Fish and Wildlife Service (2015). National Wetland Inventory. Retrieved from: http://www.fws.gov/wetlands/data/mapper.HTML Wallace Group (2009). City of Atascadero Storm Water Management Program. 129 CITY OF ATASCADERO INITIAL STUDY 06/29/15 Page 53 LOMITAS CORR P2 PROJECT SOURCES: City of Atascadero, GIS Data Atascadero Fire Department City of Atascadero Engineering Standards Site Visit, Katie Banister: May 21, 2015 130 ITEM NUMBER: ITEM NUMBER: 4 DATE: 7-21-15 ATTACHMENT 6: Draft Resolution PC 2015-0021 PLN 2015-1548 / PPN 2015-0262 / TRP 2015-0184 DRAFT RESOLUTION NO. PC 2015-0021 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, ADOPTING PROPOSED MITIGATED NEGATIVE DECLARATION #2015-0005 PREPARED FOR THE DEVELOPMENT OF A SINGLE-FAMILY HOME, PLN 2015-1548 / PPN 2015-0262 / TRP 2015-0184, ON APN 055-451-018 (6525 Lomitas Road / Dutcher) WHEREAS, an application has been received from Donald and Martha Dutcher, 6450 Lomitas Road, Atascadero, CA 93422 (Applicant and Property Owner), to consider a 2,856 square foot single-family residence and 1,200 square foot detached accessory structure with paved driveway and septic system at 6525 Lomitas Road, APN 055-451-018; and WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2015-0005 were prepared for the project and made available for public review from June 29 until July 20, 2015 in accordance with the requirements of the California Environmental Quality Act (CEQA); and WHEREAS, the Planning Commission of the City of Atascadero held a public hearing on July 21, 2015 following the close of the review period to consider the Initial Study and Proposed Mitigated Negative Declaration; and WHEREAS, the Planning Commission has determined that the project will have no significant environmental impacts; and NOW, THEREFORE, the Planning Commission of the City of Atascadero hereby resolves to adopt Proposed Mitigated Negative Declaration 2015-0005 based on the following findings as shown in Exhibit A: 1. The proposed project or use is consistent with the General Plan; and 2. The proposed project or use satisfies all applicable provisions of this title; and 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and 4. That the proposed project or use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development; and 131 ITEM NUMBER: ITEM NUMBER: 4 DATE: 7-21-15 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the land use element; and 6. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the land use element; and 7. That the proposed project is in compliance with any pertinent City policy or criteria adopted by ordinance or resolution of the City Council; and 8. The Proposed Mitigated Negative Declaration has been completed in compliance with CEQA guidelines Section 15070 through 15075; and 1. Proposed Mitigated Negative Declaration 2015-0005 was circulated for a 21-day public review from June 29, 2015 to July 20, 2015, consistent with CEQA Guidelines Section 15105 (b); and 2. CEQA section 21091(f) and 15704 require a lead agency to consider a Mitigated Negative Declaration together with any comments received before approving the project; and 3. The City of Atascadero Community Development Department is the custodian of Mitigated Negative Declaration 2015-0005 along with other material that constitutes the record of proceedings upon which this determination is made, which this record is available to the public for viewing at 6500 Palma Avenue, Atascadero, CA 93422; and 4. Based on the entire record, including any comments received, the Planning Commission determines that there is no substantial evidence that the project may have a significant effect on the environment; and 5. The Mitigated Negative Declaration prepared for the project reflects the Planning Commission’s independent judgment and analysis. EXHIBIT A: Notice of Intent to Adopt Mitigated Negative Declaration 2015-0005 132 ITEM NUMBER: ITEM NUMBER: 4 DATE: 7-21-15 On motion by Commissioner ____________________, and seconded by Commissioner _________________________, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSENT: ( ) ADOPTED: ABSTAINED: CITY OF ATASCADERO, CA _________________________________________ Mark Dariz Planning Commission Chairperson ATTEST: ___________________________________ Gary Broad Planning Commission Secretary 133 ITEM NUMBER: ITEM NUMBER: 4 DATE: 7-21-15 EXHIBIT A: Notice of Intent to Adopt Mitigated Negative Declaration 2015-005 PLN 2015-1548 / PPN 2015-0262 / TRP 2015-0184 134 ITEM NUMBER: ITEM NUMBER: 4 DATE: 7-21-15 ATTACHMENT 7: Draft Resolution PC 2015-0022 PLN 2015-1548 / TRP 2015-0184 DRAFT RESOLUTION NO. PC 2015-0022 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING PLN 2015-1548 / TRP 2015-0184, TO ALLOW THE REMOVAL OF TWO (2) COAST LIVE OAK TREES AND TWO (2) VALLEY OAK TREES TOTALING 90-INCHES DBH LOCATED AT 6525 LOMITAS RD. WHEREAS, an application was received from Donald and Martha Dutcher, 6450 Lomitas Road, Atascadero, CA, 93422 (Property Owner), and Chip Tamagni, A&T Arborists, PO Box 1311, Templeton, CA 93465 (Arborist), for a Tree Removal Permit to remove two (2) coast live oak trees totaling 36-inches DBH, and two (2) valley oak trees totaling 50-inches DBH; and WHEREAS, the Planning Commission reviewed the proposed Tree Removal Permit application on July 21, 2015, at 7:00 p.m. and considered testimony and reports from staff, the applicants, and the public; and NOW, THEREFORE, the Planning Commission of the City of Atascadero, California takes the following actions: SECTION 1. Findings for tree removal. The Planning Commission finds as follows: The tree is obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from the site planner and determined by the Community Development Department based on the following factors: a. Early consultation with the City, b. Consideration of practical design alternatives, c. Provision of cost comparisons (from applicant) for practical design alternatives, d. If saving tree eliminates all reasonable use of the property, or e. If saving the tree requires the removal of more desirable trees. SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on July 21, 2015, and resolved to approve Tree Removal Permit 2015- 0184, subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Site Plan EXHIBIT C: Tree Mitigation 135 ITEM NUMBER: ITEM NUMBER: 4 DATE: 7-21-15 On motion by Commissioner ____________________, and seconded by Commissioner _________________________, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSENT: ( ) ADOPTED: ABSTAINED: CITY OF ATASCADERO, CA _________________________________________ Mark Dariz Planning Commission Chairperson ATTEST: ___________________________________ Gary Broad Planning Commission Secretary 136 ITEM NUMBER: ITEM NUMBER: 4 DATE: 7-21-15 EXHIBIT A: Conditions of Approval PLN 2015-1548 / TRP 2015-0184 Exhibit A Conditions of Approval PLN 2015-1548 / TRP 2015-0184 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 1. The approval of this application shall become final, subject to the completion of the conditions of approval, fourteen (14) days following the Planning Commission approval unless prior to the time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. Tree removal PS 2. The applicant and/or subsequent owners shall defend, indemnify, and hold harmless the City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the City, or any of its entities, concerning the proposed development. Ongoing PS 3. The applicant shall mitigate the tree removal by replanting twenty-four (24) five-gallon native trees, paying a fee of $1200 to the tree replacement fund, or a combination thereof as shown in Exhibit C. If the applicant chooses to replant on-site, they shall work with City staff and a Certified Arborist for selection of tree species and size, and replanting sites. Larger box trees or seedlings grown from local acorns may be substituted for five-gallon replacement trees at a rate determined by City staff to be equivalent to five-gallon trees. Depending on the mitigation measures selected, payment to the mitigation fee shall occur before native trees are removed; native tree replanting shall be completed before building permits are finalized. BP PS / BS 4. The applicant must provide irrigation to tree replanting sites. Irrigation shall be drip irrigation to be approved by City staff. BP PS/ BS 137 ITEM NUMBER: ITEM NUMBER: 4 DATE: 7-21-15 Exhibit B Site Plan PLN 2015-1548 / TRP 2015-0184 Legend 1 Tree # Proposed Tree Removal Tree Protection Fencing 4 5 6 7 3 2 1 9 8 Retaining Wall 138 ITEM NUMBER: ITEM NUMBER: 4 DATE: 7-21-15 Exhibit C Native Tree Mitigation PLN 2015-1548 / TRP 2015-0184 00 Evergreen Native Trees (inches)Deciduous Native Trees (inches)Totals dbh notes dbh notes 1 14-inches tree #4 1 34-inches tree #6 2 22-inches tree #5 2 20-inches tree #7 Total 36-inches Total 54-inches 90-inches Mitigation Requirement req'd tree replacements:6 five gal trees req'd tree replacements:18 five gal trees 24 five gal trees Proposed Replanting 0 five gal trees Proposed Replanting 0 five gal trees 0 five gal trees 0 box trees (24'')0 box trees (24'')0 box trees (24'') Remaining Mitigation 6 five gal trees Remaining Mitigation 18 five gal trees 24 five gal trees Tree Fund Payment:300.00$ Tree Fund Payment:900.00$ 1,200.00$ Bond payment for tree #31, impacted 45% : 139 140