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CITY OF ATASCADERO
PLANNING COMMISSION AGENDA
Regular Meeting
Tuesday, December 15, 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, December 15, 2015
Page 2 of 6
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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 DECEMBER 3, 2015
COMMUNITY DEVELOPMENT STAFF REPORTS
None
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, Par cel Maps, Variances, Conditional Use Permits,
and Planned Development Permits. This does not disqualify the Planning Commission Member from participating and voting on
the matter, but gives the public and applicant an opportunity to comment on the ex parte communication.
(For each of the following items, the public will be given an opportunity to speak. After a staff report, the Chair will open the public
hearing and invite the applicant or applicant’s representative to make any comments. Members of the public will be invited to provide
testimony to the Commission following the applicant. Speakers should state their name for the record and can address the Com mission
for three minutes. After all public comments have been received, the public hearing will be closed, and the Commission will discuss
the item and take appropriate action(s).)
2. PLN 2014-1535, CONDITIONAL USE PERMIT FOR 10080 OLD MORRO ROAD
EAST
Property
Owner/Applicant:
Benjamin DeGarmo, PO Box 404, Atascadero, CA 93423
Project Title: PLN 2014-1535 / CUP 2015-0286
Project Location: 10080 Old Morro Road East, Atascadero, CA 93422 (San Luis Obispo County)
APN 056-451-001
Project
Description:
The project consists of an application for a Conditional Use Permit to allow an oversized
accessory building with a bathroom and conditioned office space. The proposed
garage/workshop is two stories with approximately 3,440 square feet of floor area, whic h
is 116% of the size of the existing residence.
General Plan Designation: RE
Zoning District: RS
Staff Planner: Katie Banister, Contract Planner, kbanister@atascadero.org, 470 -3480
Proposed
Environmental
Determination:
The proposed project is categorically exempted from CEQA under Section 15303: New
construction or conversion of small structures.
Staff
Recommendation:
The Planning Commission adopt PC Resolution 2015-A approving Conditional Use Permit
2015-0286.
City of Atascadero Planning Commission Agenda Regular Meeting, December 15, 2015
Page 3 of 6
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PUBLIC HEARINGS (CONTINUED)
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 commun ication.
(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 Com mission
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).)
3. PLN 2099-0829, ZONE CHANGE, TENTATIVE TRACT MAP, AND
CONDITIONAL USE PERMIT FOR 5310 CARRIZO ROAD
Property
Owner/Applicant:
5310 Carrizo Rd, LLC, 125 South Bowling Green Way, Los Angeles, CA 90049
Project Title: PLN 2099-0829 /ZCH 2015-0179/ZCH 2004-0078/CUP 2001-0126/TRP 2015-
0193/LLA 2015-0120
Project
Location:
5318-5310 Carrizo Road, Pinon Way / Copado Way, Atascadero, CA 93422
(APN 049-105-001 through 012)
Project
Description:
The project consists of an application for various amendments to a previously approved
project that created a subdivision consisting of 11 new single -family residences and
preserved one (1) colony home. The proposed project consists of an application for a
Zone Change (elimination of the PD-17 overlay zone) and replacement with a project
specific, Planned Development overlay zone, amendment to the Conditional Use Permit
(CUP) / Master Plan of Development (MPD), Lot Line Adjustment (LLA) of 4 le gal lots
of record, and removal of one (1) native tree to accommodate proposed circulation
improvements.
General Plan Designation: Single-Family Residential (SFR)
Zoning District: Residential Single-Family (RSF-X) / Planned Development (PD-17)
Staff Planner: Alfredo Castillo, Associate Planner, acastillo@atascadero.org, 470-3436
Proposed
Environmental
Determination:
Consistent with Adopted Mitigated Negative Declaration 2004-0030.
Staff
Recommendation:
1. Adopt Draft PC Resolution 2015-A, recommending to City Council approval of
an amendment to Zone Change 2004-0078 replacing an existing Planned
Development Overlay (PD-17) with a new Planned Development Overlay zone
(PD-31) over 12 lots of legal record; and,
2. Adopt Draft PC Resolution 2015-B recommending to City Council approval of
amendments to Conditional Use Permit 2004-0126 based on findings and
subject to Conditions of Approval; and,
3. Adopt Draft PC Resolution 2015-C recommending to the City Council approval
of Lot Line Adjustment 2015-0193 based on findings and subject to Conditions
of Approval; and,
4. Adopt Draft PC Resolution 2015-D recommending to City Council approval of
Tree Removal Permit 2015-0193 for the removal of one (1) 36-inch Coast Live
Oak totaling 36-inches in DBH.
City of Atascadero Planning Commission Agenda Regular Meeting, December 15, 2015
Page 4 of 6
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PUBLIC HEARINGS (CONTINUED)
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 Perm its,
and Planned Development Permits. This does not disqualify the Planning Commission Member from participating and voting on
the matter, but gives the public and applicant an opportunity to comment on the ex parte communication.
(For each of the following items, the public will be given an opportunity to speak. After a staff report, the Chair will open the public
hearing and invite the applicant or applicant’s representative to make any comments. Members of the public will be invited t o provide
testimony to the Commission following the applicant. Speakers should state their name for the record and can address the Commission
for three minutes. After all public comments have been received, the public hearing will be closed, and the Commission will discuss
the item and take appropriate action(s).)
4. PLN 2015-1574, ZCH 2015-0180
Repealing Municipal Code Chapter 5-13 regarding medical marijuana facilities
and adding section 9-6.186 to Title 9 of the Atascadero Municipal Code
prohibiting marijuana cultivation, marijuana dispensaries, commercial cannabis
activities, and medical marijuana deliveries.
Property
Owner/Applicant:
City of Atascadero, 6500 Palma Ave., Atascadero, CA 93422
Project Title: PLN 2015-1574 / ZCH 2015-0180
Project Location: Citywide
Project
Description:
Municipal Code text amendment to clarify the City’s prohibition on medical
marijuana cultivation, dispensing, delivery and all other associated activities
consistent with the limitations allowed by California Assembly Bills 243, 266 and
643.
Proposed
Environmental
Determination:
The proposed Ordinance is not a project within the meaning of Section 15378 of the
California Environmental Quality Act (“CEQA”) Guidelines because it has no
potential for resulting in physical change in the environment, either directly or
ultimately. In the event that this Ordinance is found to be a project under CEQA, it
is subject to the CEQA exemption contained in CEQA Guidelines Section
15061(b)(3) because it can be seen with certainty to have no possibility of a
significant effect on the environment.
City Staff: Phil Dunsmore, Community Development Director, pdunsmore@atascadero.org, 470-
3488
Staff
Recommendation:
Adopt PC Resolution-A recommending the City Council approve Ordinance No. 2015 -A
repealing Chapter 5-13 regarding Medical Marijuana facilities and adding Section 9 -6.186
to Title 9 of the Atascadero Municipal Code prohibiting medical marijuana dispensaries,
marijuana cultivation facilities, commercial cannabis activities, and medical marijuana
deliveries.
City of Atascadero Planning Commission Agenda Regular Meeting, December 15, 2015
Page 5 of 6
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COMMISSIONER COMMENTS AND REPORTS
DIRECTOR’S REPORT
ADJOURNMENT
The next regular meeting will be on January 5, 2016 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.
City of Atascadero Planning Commission Agenda Regular Meeting, December 15, 2015
Page 6 of 6
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City of Atascadero
WELCOME TO THE ATASCADERO PLANNING COMMISSION MEETING
The Planning Commission meets in regular session on the first and third Tuesday of each month at 7:00 p.m. at City
Hall, Council Chambers, 6500 Palma Avenue, Atascadero. Matters are considered by the Commission in the order of
the printed Agenda.
Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on
file in the office of the Community Development Department and are available for public inspection during City Hall
business hours at the Front Counter of City Hall, 6500 Palma Avenue, Atascadero, and on our website,
www.atascadero.org. All documents submitted by the public during Commission meetings that are either read into the
record or referred to in their statement will be noted in the minutes and available for review in the Community
Development Department. Commission meetings are audio recorded, and may be reviewed by the public. Copies of
meeting recordings are available for a fee. Contact the City Clerk for more information (470-3400).
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City
meeting or other services offered by this City, please contact the City Manager’s Office or the City Clerk’s Office,
both at (805) 470-3400. Notification at least 48 hours prior to the meeting or time when services are needed will assist
the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service.
TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA
Under Agenda item, “PUBLIC COMMENT”, the Chairperson will call for anyone from the audience having business
with the Commission to approach the lectern and be recognized.
1. Give your name for the record (not required)
2. State the nature of your business.
3. All comments are limited to 3 minutes.
4. All comments should be made to the Chairperson and Commission.
5. No person shall be permitted to make slanderous, profane or negative personal remarks 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 12/1/15
Page 1 of 3
CITY OF ATASCADERO
PLANNING COMMISSION
DRAFT ACTION MINUTES
Regular Meeting – Tuesday, December 1, 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 7:04 p.m. and Commissioner Anderson
led the Pledge of Allegiance.
ROLL CALL
Present: Commissioners Anderson, Bentz, Bourbeau, Seay, and
Chairperson Dariz
Absent: Commissioners Schmidt and Wolff (excused)
Others Present: Recording Secretary, Annette Manier
Staff Present: Community Development Director, Phil Dunsmore
Senior Planner, Callie Taylor
APPROVAL OF AGENDA
MOTION: By Commissioner Bentz and seconded by
Commissioner Anderson to approve the Agenda.
Motion passed 5:0 by a roll-call vote.
PUBLIC COMMENT
The following person spoke during public comment: Jennifer Tittle -Kim, who spoke
about the Printery building.
This item will be referred back to staff.
Chairperson Dariz closed the Public Comment period.
ITEM NUMBER: 1
DATE: 12-15-15
1
PC Draft Action Minutes of 12/1/15
Page 2 of 3
PLANNING COMMISSION BUSINESS
None
CONSENT CALENDAR
1. APPROVAL OF DRAFT ACTION MINUTES OF OCTOBER 20, 2015
2. APPROVAL OF 2016 PLANNING COMMISSION MEETING SCHEDULE
MOTION: By Commissioner Bentz and seconded by
Commissioner Bourbeau to approve Items 1 and 2 on
the consent calendar, and to pull Items 3 and 4 for
discussion and vote on them separately.
Motion passed 5:0 by a roll-call vote.
3. APPROVAL OF FMP 2015-0181, 805 EL CAMINO REAL (ATASCADERO 101
ASSOCIATES)
Senior Planner Taylor and Community Development Director Dunsmore answered
questions from the Commission.
MOTION: By Commissioner Bentz and seconded by
Commissioner Anderson to approve Item 3 on the
consent calendar.
Motion passed 5:0 by a roll-call vote.
4. APPROVAL OF TENTATIVE TRACT MAP 2003-0029 TIME EXTENSION,
ENCINO (FINCH/MESSER)
Senior Planner Taylor and Community Development Director Dunsmore answered
questions from the Commission.
MOTION: By Commissioner Bentz and seconded by
Commissioner Bourbeau to approve Item 4 on the
consent calendar.
Motion passed 5:0 by a roll-call vote.
COMMUNITY DEVELOPMENT STAFF REPORTS
None
2
PC Draft Action Minutes of 12/1/15
Page 3 of 3
PUBLIC HEARINGS
None
COMMISSIONER COMMENTS AND REPORTS
Commissioner Bourbeau asked about the business at 4005 El Camino Real, and the
potential Smart-n-Final. Community Development Director Dunsmore answered his
questions.
DIRECTORS REPORT
Community Development Director Dunsmore gave an update on agenda items for the
next Planning Commission meeting on December 15, 2015 (medical marijuana, Carrizo,
and an oversized accessory structure).
Community Development Director Dunsmore gave an update on future agenda items
such as Viejo Camino/Halcon, downtown zoning near Sunken Gardens , and a study of
the El Camino Real corridor for housing.
ADJOURNMENT – 7:30 p.m.
The next regular meeting of the Planning Commission is scheduled for December 15,
2015, at 7:00 p.m. at City Hall, Council Chambers, 6500 Palma Avenue, Atascadero.
MINUTES PREPARD BY:
____________________________
Annette Manier, Recording Secretary
3
4
Atascadero Planning Commission
Staff Report - Community Development Department
Katie Banister, Contract Planner, 470-3480, kbanister@atascadero.org
PLN 2014-1535 / CUP 2015-0286
Oversized Accessory Structure
10080 Old Morro Road East
(DeGarmo)
SUBJECT:
The project is a detached accessory structure in excess of fifty percent (50%) of the
gross floor area of the primary residence in the Residential Suburban (RS) zoning
district.
RECOMMENDATION:
Staff Recommends:
The Planning Commission (PC) adopt Resolution PC 2015-A approving Conditional Use
Permit (CUP) 2015-0286 allowing a 3,191 square-foot detached accessory structure
based on findings and subject to conditions of approval.
Situation and Facts
1. Applicant/Owner: Benjamin DeGarmo, 10080 Old Morro Road East,
Atascadero, CA 93422
2. Project Address: 10080 Old Morro Road East, Atascadero, CA 93422
APN 056-451-001
3. General Plan Designation: Rural Estate (RE)
4. Zoning District: Residential Suburban (RS)
5. Site Area: 2.28 acres
6. Existing Use: Single-Family residence
7. Environmental Status: Section 15303 Categorical Exemption: New
Construction or Conversion of Small Structures
ITEM NUMBER: 2
DATE: 12-15-15
5
DISCUSSION:
Background
The site is located at the intersection of Morro Road/Highway 41 and Old Morro Road
East near the western edge of Atascadero. The property is approximately 2.3 acres in
size, enlarged in February of 2015 by Lot Line Adjustment (LLA 2014-0118) with the
property to the east, 10050 Old Morro Road East.
The applicant proposes to build a 24-foot tall workshop/garage with 3,191 square feet of
floor area to accommodate a boat, two vehicles, two offices, and upstairs space with
bathroom. The building has a footprint of 2,337 square feet, with 854 square feet of
floor area on the second story. There is also an 8-foot deep by 29-foot long second
story deck. The existing residence is 2,969 square feet in area.
The applicant currently operates a contract construction services business as a home
occupation from the property. In the last week, City staff has received multiple reports
from neighbors the business is operating in a manner inconsistent with the Municipal
Code.
Location and Zoning
Surrounding Land Use and Setting:
North: Highway 41 / Morro Road
Open Space
South: Residential Suburban (RS)
East: Residential Suburban (RS)
West: Residential Suburban (RS)
Project Site
10080 Old Morro Road East
RS Zoning
Atascadero
Creek Reserve
6
ANALYSIS:
Residential Accessory Use
Atascadero Municipal Code (AMC) Section 9-6.106 establishes the requirements for
residential accessory uses.
Each residential lot is permitted two detached accessory structures requiring a
building permit (i.e. those exceeding 120 square feet in size).
The gross floor area of a detached accessory structure may not exceed 50% of
the gross floor area of the principal structure.
The structures may be “used solely for noncommercial hobbies or amusements;
for maintenance of the principal structure or yards; for artistic endeavors such as
painting, photography or sculpture; maintenance or mechanical work on vehicles
owned or operated by the occupants; for an approved home occupation; or for
other similar purposes.”
Deviation from these standards requires a minor Conditional Use Permit.
The proposed structure, as conditioned, meets the standards for residential detached
accessory structures, with the exception of size.
Under a separate application, the applicant also seeks a building permit to construct a
464 square-foot animal shelter on the property. That structure and the approval of this
CUP will result in a total of two detached accessory structures requiring building permit s
on the property.
A 2,969 square-foot residence is the primary structure on the property. Without a CUP,
the detached accessory structure would be limited to a 1,485 square-foot floor area.
The floor area of the proposed 3,191 square-foot structure is approximately 107% of the
size of the primary residence.
The structure will be used for multiple purposes. Two downstairs offices will be used to
support the home occupation. These will be the only conditioned space in the structure.
The downstairs space will also store a boat and other vehicles owned by the occupants.
The remainder of the lower floor is allocated to a workshop area. Upstairs is
unconditioned storage and recreational space. The upper floor is open to the lower
floor.
Conditioned Space
AMC 9-5.020 defines the types of structures permitted in the residential zoning dist ricts.
Two definitions are relevant:
Workshops and Garages. Workshops and garages are defined as utility
occupancy constructions (U) with no kitchens, no cooking facilities and/or no
residential occupancy requirements (i.e., Title 24). A utility bathroom with shower
or any other plumbing may be installed with a deed restriction that limits the
building’s use to nonresidential purposes. State-approved wood burning
appliances are permissible.
7
Office/Art Studios. Studios are defined as any type of residential occupancy
construction (R) with no kitchens, no overnight stays, cooking facilities and/or no
bathing facilities (one (1) water closet is permitted). Studios shall be limited to
four hundred fifty (450) square feet. Studios greater than four hundred fifty (450)
square feet shall be considered second units. Deed restrictions shall be required
for any proposed studio with a water closet limiting the use of the studio.
Site Photograph
While only one structure will be constructed, portions of the structure will meet the
definition for these two different types of structures. The garage, workshop and upstairs
spaces are considered a Workshop and Garage, while the downstairs offices are a
Studio. As designed, the offices are a total of 228 square feet in area. Consistent with
AMC 9-5.020, a deed restriction limiting the use of the structure to non -residential
purposes is required due to the bathroom located upstairs.
The upstairs space is accessed by an external stairway on the north facing elevation.
Garage doors are located in the west facing elevation.
Existing residence at 10080 Old Morro Road East. Accessory structure
will be located to the left of the house, where the pictured trailer sits.
8
Aerial Photograph
Native Trees
Several native oak trees are located near the building footprint. The project will be
conditioned to comply with the City’s Native Tree Ordinance requiring, at minimum , tree
protection fencing to prevent damage to tree roots. Work proposed under the dripline of
a native tree will require a report from a certified arborist regarding appropriate tree
protection measures.
Neighborhood Compatibility
While the proposed structure is large, it is not out of scale with similar structures in the
vicinity. There are several large detached accessory structures on Old Morro Road
East and Los Osos Road. Existing structures are generally either agricultural buildings
or residential garages. Several pictures from the area are included below.
The proposed structure is situated close to the home, so will be less visible from the
south, but is on top of a knoll and will be very visible along Old Morro Road East when
traveling east from the Highway 41. In addition, the structure will be visible from several
points on Highway 41 traveling both east and west. Several pictures of the view from
adjacent roads are included below.
The eastern
property line has
been moved to the
east, and is now in
this approximate
location
Proposed location
for new accessory
structure, the
pictured structure
has been removed
An animal shelter is
proposed in this
location under
separate permit
9
Accessory structures in the neighborhood
The structure will be used in part for an existing contract construction services business
that is not licensed at this location. A proposed condition of the use permit requires the
owner to update his business license to include this address, and to seek zoning
clearance for the site. The business must comply with the Zoning Ordinance in regards
to home occupations, and the storage of materials and equipment in the residential
zoning districts. AMC 9-6.105 allows home occupations for office type uses associated
with contracting services when equipment is not stored on the site. Large construction
equipment associated with the business such as over-sized trucks, graders, or back
Large agricultural
barn located on Old
Morro Road East
Large residential
garage located on
Old Morro Road
East
Smaller agricultural
structure located on
Old Morro Road
East
10
hoes may not be stored on the property. No employees may report to this location
unless an Administrative Use Permit is granted for that purpose. Staff has recently been
made aware that the current construction business may not be in compliance with these
standards.
Views of the proposed site from adjacent streets
1. View from Old Morro Road East, traveling east. The existing house is in the circle. The
proposed structure will be to the left of the home.
2. View from Highway 41 traveling east. The existing house is in the circle.
3. View from Highway 41, traveling west. The view is partially obscured by oak trees, but
the existing house is visible indicating the proposed structure will also be visible.
1 2
3
3
11
12
Findings for a Conditional Use Permit
The Planning Commission must make the following seven findings in order to approve a
CUP. If the Commission chooses to deny the project, site specif ic findings for denial
must be cited.
1. The proposed project or use is consistent with the General Plan and the City’s
Appearance Review Manual; and
Detached accessory structures are consistent with the Rural Estates designation of
the General Plan. The size, use and appearance, as conditioned, are compatible
with the surrounding neighborhood as required by Land Use, Open Space and
Conservation Element Program 1.1.6.
2. The proposed project or use satisfies all applicable provisions o f the Title
(Zoning Ordinance); and
As proposed, the project will meet the property’s setback, height and other site
design requirements. As conditioned, the use of the structure will be limited to
uses permitted by the Zoning Ordinance. A deed restriction will be recorded to limit
the building’s use to non-residential purposes. The project, with Planning
Commission approval of the CUP for a size except ion, satisfies all applicable
provisions of the zoning ordinance related to residential accessory structures.
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
The storage of personal belongings, non-commercial amusements, and the
operation of a licensed home occupation are activities typical of residential
neighborhoods. The structure itself will be constructed to meet the standards of the
building code.
4. That the proposed project or use will not be inconsistent with the character or
the immediate neighborhood or contrary to its orderly development; and
The design of the structure is similar to the architecture of the existing house, and
the size of the structure is not inconsistent with the character of the neighborhood.
The home occupation located on the property will be conditioned to comply with the
requirements of the zoning ordinance including signage, employees, parking,
storage of materials and equipment, and hours of operation.
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
13
volume of the surrounding neighborhood that would result from full
development in accordance with the Land Use Element; and
The addition of a residential garage will not contribu te additional traffic in the
neighborhood beyond that expected for the home. The home occupation will be
conditioned to limit traffic generated by the property to ten (10) trips per day.
6. That the proposed project is in compliance with any pertinent City policy or
criteria adopted by ordinance or resolution of the City Council; and
Consistent with City Policy, the accessory structure may not be used as a second
residential unit. A deed restriction will be recorded to notify future owners of the
limited permitted use of the structure.
7. Any additional findings deemed necessary.
No other finding is deemed necessary.
Based on staff’s analysis and the conditions of approval contained in the resolution, the
Planning Commission can make all the required findings for approval of this conditional
use permit.
ENVIRONMENTAL DETERMINATION:
The project qualifies for a Categorical Exemption under CEQA Sec tion 15303, New
Construction or Conversion of Small Structures, specifically the construction of
accessory structures including garages.
CONCLUSION:
The applicant is proposing a detached accessory structure with a gross floor area in
excess of 50% of the gross floor area of the primary structure. The proposed design of
the structure is consistent with the character of neighborhood.
ALTERNATIVES:
1. The Commission may include modifications to the project and/or conditions of
approval for the project.
2. The Commission may determine that more information is needed on some
aspect of the project and may refer the item back to the applicant and staff to
develop the additional information. The Commission should clearly state the type
of information that is required and move to continue the item to a future date.
3. The Commission may deny the project. The Commission must specify the
reasons for denial of the project and make an associated finding with such
action.
14
ATTACHMENTS:
Attachment 1: Draft Resolution PC 2015-A
15
16
ATTACHMENT 1: Draft Resolution PC 2015-A
PLN 2014-1535 / CUP 2015-0286
DRAFT RESOLUTION PC 2015-A
RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ATASCADERO APPROVING
CONDITIONAL USE PERMIT 2015-0286 (PLN 2014-1535) ALLOWING
A DETACHED ACCESSORY STRUCTURE WHICH EXCEEDS FIFTY
PERCENT OF THE SIZE OF THE PRIMARY RESIDENCE
APN 056-451-001
(10080 OLD MORRO ROAD EAST / DEGARMO)
WHEREAS, an application has been received from Applicant and Property Owner,
Benjamin DeGarmo, (10080 Old Morro Road East, Atascadero, CA 93422) to consider a
Conditional Use Permit (CUP 2015-0286) to allow a 3,191 square foot detached accessory
structure, which is larger than 50% of the gross floor area of the primary structure; and,
WHEREAS, the site’s General Plan designation is Rural Estate (RE); and,
WHEREAS, the site’s zoning is Residential Suburban (RS); and,
WHEREAS, the proposed project qualifies for an Categorical Exemption consistent with
CEQA Section 15303: New construction or conversion of small structures; and,
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA) have been adhered to; and,
WHEREAS, a timely and properly noticed Public Hearing upon the subject Minor
Conditional Use Permit application was held by the Planning Commission of the City of
Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said
Conditional Use Permit; and,
WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed
Public Hearing held on December 15, 2015, studied and considered the Conditional Use Permit
2015-0286; and,
17
NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the
following actions:
SECTION 1. Findings of Environmental Exemption. The Planning Commission finds
as follows:
1. The proposed project has been found Categorically Exempt under Class 3, Section 15303,
New construction or conversion of small structures, of the California Environmental
Quality Act.
SECTION 2. Findings for approval of Conditional Use Permit. The Planning
Commission finds as follows:
1. The proposed use is consistent with the General Plan; and
Detached accessory structures are consistent with the Rural Estates designation of the
General Plan. The size, use and appearance, as conditioned, are compatible with the
surrounding neighborhood as required by Land Use, Open Space and Conservation
Element Program 1.1.6.
2. The proposed project satisfies all applicable provisions of the Title (Zoning
Ordinance), and
As proposed, the project will meet the property’s setback, height and other site design
requirements. As conditioned, the use of the structure will be limited to uses
permitted by the Zoning Ordinance. A deed restriction will be recorded to limit the
building’s use to non-residential purposes. The project, with Planning Commission
approval of the CUP for a size exception, satisfies all applicable provisions of the
zoning ordinance related to residential accessory structures.
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
The storage of personal belongings, non-commercial amusements, and the operation
of a licensed home occupation are activities typical of residential neighborhoods. The
structure itself will be constructed to meet the standards of the building code.
4. That the proposed project will not be inconsistent with the character or the
immediate neighborhood or contrary to its orderly development; and
The design of the structure is similar to the architecture of the existing house, and the
size of the structure is not inconsistent with the character of the neighborhood. The
home occupation located on the property will be conditioned to comply with the
requirements of the zoning ordinance including signage, employees, parking, storage
of materials and equipment, and hours of operation.
18
5. That the proposed 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
The addition of a residential garage will not contribute additional traffic in the
neighborhood beyond that expected for the home. The home occupation will be
conditioned to limit traffic generated by the property to ten (10) trips per day.
6. That the proposed project is in compliance with any pertinent City policy or
criteria adopted by ordinance or resolution of the City Council.
Consistent with City Policy, the accessory structure may not be used as a second
residential unit. A deed restriction will be recorded to notify future owners of the
limited permitted use of the structure.
SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular
session, assembled on December 15, 2015 resolved to approve Conditional Use Permit 2015-
0286 subject to the following:
EXHIBIT A: CEQA Exemption
EXHIBIT B: Conditions of Approval
EXHIBIT C: Site Plan
EXHIBIT D: Elevations
EXHIBIT E: Floor/Foundation Plan
19
On motion by Commissioner_____________, and seconded by Commissioner_______________
the foregoing resolution is hereby adopted in its entirety by the following roll call vote:
AYES: ( )
NOES: ( )
ABSTAIN: ( )
ABSENT: ( )
ADOPTED:
CITY OF ATASCADERO, CA
______________________________
Mark Dariz
Planning Commission Chairperson
Attest:
______________________________
Phil Dunsmore
Planning Commission Secretary
20
EXHIBIT A: Notice of Exemption
PLN 2014-1535 / CUP 2015-0286
21
22
EXHIBIT B: Conditions of Approval
PLN 2014-1535 / CUP 2015-0286
Conditions of Approval
PLN 2014-1535 / CUP 2015-0286
10080 Old Morro Road East
Detached Accessory Structure
Timing
BL: Business License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary Occupancy
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Planning Services Conditions
1. This Conditional Use Permit shall allow for the construction of a 3,191
square foot detached accessory structure at 10080 Old Morro Road
East, described on the attached exhibits and located on APN 056-451-
001, regardless of owner.
Ongoing PS
2. The approval of this use permit shall become final and effective for the
purposes of issuing building permits 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.
Ongoing PS
3. 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, CE
4. 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.
BP PS
5. The applicant shall defend, indemnify, and hold harmless the City of
Atascadero or its agents, officers, and employees against any claim or
action brought to challenge an approval by the City, or any of its
entities, concerning the construction or use of the detached accessory
structure.
Ongoing PS
6. Architectural elevations shall be consistent with Exhibit D. The use of
architectural grade quality materials shall be used. Building color shall
match the color of the primary residence and shall be an earth toned
hue.
FI PS
7. All utilities servicing the accessory structure shall be installed
underground. BP PS, BS
8. The accessory structure shall not be used as a secondary residential
unit. The accessory structure shall not have cooking facilities including
a kitchen or wet bar. No overnight stays are permitted. A deed
restriction which limits the building to non-habitable space (U
occupancy) shall be recorded prior to building permit issuance.
Ongoing PS
9. A report from a certified arborist shall be provided to the City for all
construction activities proposed under the dripline of any native tree.
Construction activities include building construction, moving heavy
BP PS
23
Conditions of Approval
PLN 2014-1535 / CUP 2015-0286
10080 Old Morro Road East
Detached Accessory Structure
Timing
BL: Business License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary Occupancy
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
equipment, grading, storing construction or fill materials, and
construction of the asphalt driveway. All arborist required measures
shall be followed. Work within 20 feet of the dripline of any native trees
shall comply with the Atascadero Native Tree Ordinance. Native trees
shall be protected by temporary fencing and other tree protection
measures determined necessary by a certified arborist and/or the
Community Development Department.
10. If the property is continued to be used for a construction office, the
applicant shall apply for and receive a home occupation business
license before building permits are issued for the detached accessory
structure. The home occupation shall comply with all applicable
requirements of the municipal code including:
a. The home occupation shall not change the residential character of
the outside appearance of the property, and
b. Employees may not report to or work at the site unless an
adjustment is granted by an Administrative Use Permit consistent
with Atascadero Municipal Code 9-6.105(c); and
c. Hours of operation where sounds audible from off-site shall be
limited to between the hours of 7:00 a.m and 7:00 p.m; and
d. Operation of the business shall comply with the Noise Ordinance,
Atascadero Municipal Code 9-14; and
e. On-site contracting services related to the home occupation shall
be limited to office-type activities only; and
f. The storage of construction materials and equipment is prohibited
on site; and
g. A maximum of one standard-sized commercial vehicle may be
parked on the property; and
h. All parking for the home occupation shall be provided off the
street; and
i. Traffic generated by the home occupation shall not exceed 10
trips per day; and
j. Only one client vehicle shall be present at any one time.
BP / BL PS
11. On-site signage shall be limited to four (4) square feet of area, or as
allowed by the Sign Ordinance, and shall be approved by Planning
Services Staff.
BP PS
24
Conditions of Approval
PLN 2014-1535 / CUP 2015-0286
10080 Old Morro Road East
Detached Accessory Structure
Timing
BL: Business License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary Occupancy
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Building Services Conditions
12. The location of property lines shall be verified by a licensed land
surveyor. BP BS
Public Works Department Conditions
13. A site grading and drainage plan shall be submitted to the City, to be
approved by the City Engineer. BP CE
14. A storm water control plan shall be submitted to the City, to be
approved by the City Engineer. BP CE
15. Storm-water run-off analysis consistent with City regulations shall be
submitted to the City, to be approved by the City Engineer. Depending
on the results, a storm water detention facility may be required.
BP CE
Fire Department Conditions
16. The detached accessory structure shall comply with all Fire
Department standards and requirements including driveway length,
width, surface and slope, and fire truck turnaround.
BP FD
17. A Knox Box to allow Fire Department access shall be required if a gate
is installed over the driveway. BP FD
25
26
EXHIBIT C: Site Plan
PLN 2014-1535 / CUP 2015-0286
Proposed oversized
accessory structure
Proposed animal
shelter under
separate permit
Existing residence
27
EXHIBIT D: Elevations
PLN 2014-1535 / CUP 2015-0286
Front Elevation facing Old Morro Road East
North-Facing Side Elevation (toward Highway 41)
24 Feet 2-
1/8 inch
Total Height
28
South-Facing Side Elevation (towards house)
Rear Elevation
29
EXHIBIT E: Floor Plan
PLN 2014-1535 / CUP 2015-0286
First Floor
Conditioned offices
Boat
Parking
Garage
54 feet
45 feet
63 feet
30
Second Floor
49 feet,
3 inches
Utility bathroom
Open to below
Exterior stairs
17 feet, 4 inches
31
32
Atascadero Planning Commission
Staff Report - Community Development Department
Alfredo R. Castillo, Associate Planner, (805) 470-3436, acastillo@atascadero.org
Amendment to Zone Change 2004-0078,
Amendment of Master Plan of Development (CUP 2004-0126),
Lot Line Adjustment 2015-0120
Tree Removal Permit 2015-0193
(5310 Carrizo Rd. / 5310 Carrizo LLC / Eddings)
RECOMMENDATIONS:
The Design Review Committee and Staff recommends to Planning Commission:
1. Adopt Draft PC Resolution 2015-A, to recommend approval to the City Council
an amendment to Zone Change 2004-0078 replacing an existing Planned
Development Overlay (PD-17) with a new Planned Development Overlay zone
(PD-31) over 12 lots of legal record; and,
2. Adopt Draft PC Resolution 2015-B to recommend to the City Council
amendments to Conditional Use Permit 2004-0126 based on findings and subject
to Conditions of Approval; and,
3. Adopt Draft PC Resolution 2015-C to recommend to the City Council approval of
Lot Line Adjustment 2015-0120 based on findings and subject to Conditions of
Approval; and,
4. Adopt Draft PC Resolution 2015-D to recommend to the City Council approval of
Tree Removal Permit 2015-0193 for the removal of one (1) Coast Live Oak
totaling 36-inches in DBH.
REPORT-IN-BRIEF:
The proposed project includes amendments to a previously approved project that
created a subdivision that proposed 11 new single-family residences while preserving
one (1) colony home. The proposed project consists of an application for a Zone
Change (elimination of the PD-17 overlay zone) and replacement with a project specific,
Planned Development overlay zone. Other components include an amendment to the
Conditional Use Permit (CUP) / Master Plan of Development (MPD), a Lot Line
Adjustment (LLA) of 4 legal lots of record, and removal of one (1) native tree to
accommodate proposed circulation improvements.
ITEM NUMBER: 3
DATE: 12-15-15
33
DISCUSSION:
Situation and Facts:
1. Applicant / Owner: 5310 Carrizo, LLC
125 South Bowling Green Way, Los Angeles, CA 90049
2. Representative: Royce Eddings
10780 Vista Road, Atascadero, CA 93422
3. Project Address: 5310 Carrizo Rd / Pinion Way, Atascadero, CA 93422
(San Luis Obispo County) APN 049-105-001 – 012
4. General Plan Designation: General Plan Designation: Single Family Residential
(SFR-X)
5. Zoning District: RSF-X (Residential Single-Family) / Planned
Development (PD) overlay #17
6. Site Area: 3-acres
7. Existing Use: Single-Family Residence / Vacant
8. Environmental Status: Certified Mitigated Negative Declaration 2004-0030
Background
5310 Carrizo (Griffin Subdivision) was approved by the City Council on January 8, 2005
with a certified Mitigated Negative Declaration and a Planned Development Overlay
Zone, consistent with the City’s General Plan. The previously approved project included
the preservation of an existing colony home, subdivided on its own lot, and 11
additional, smaller single-family residential lots. At the time of subdivision approval,
parcels adjacent to the subdivision were also going through planned development
approvals for lots ¼ of an acre or smaller, consistent with PD -17 requirements. One of
the primary concerns of existing residents at the time included additional intensity of
new development, and potential traffic concerns associated with the subdivision of
larger parcels along El Camino Real. The 5310 Carrizo Development was a part of two
additional adjacent subdivisions, Oak Grove (Regio Place), and Oak Grove II. These
subdivisions were envisioned to connect to one another and provide an internal
circulation pattern.
All three (3) subdivisions were approved between 2004 and 2005. All three
subdivisions went through the building permit process, with all the subdivisions entering
into the dormant permit program due to the economic downturn. Both Oak Grove and
Oak Grove II were subsequently completed between 2011 and 2014.
The applicant group approached the City in regards to potential project changes. Based
on initial reviews of the proposed changes, Staff provided direction on the potential
34
changes. The City’s Design Review Committee (DRC) reviewed the project in
September 2015 to discuss subdivision layout and circulation and in October 2015 to
discuss architectural changes. The DRC is endorsing project approval.
Surrounding Land Use and Setting:
North: Residential Single-Family-X/PD-17 East: Residential Suburban
South: Residential Single-Family-X West: Residential Single-Family-X
35
The project site is zoned Single-Family Residential (SFR-X) / The Zoning Ordinance
allows the establishment of a Planned Development Overlay in the single -family zone,
which requires a minimum of 4 single-family units. Currently the site has a Planned
Development overlay (PD-17), which is a city standard overlay zone created for
subdivisions in the RSF-X zone. The proposed amendment would replace the existing
PD-17 overlay zone with a new project specific overlay zone (PD -32). The project
specific PD overlay zone modifies some of the following standards of PD -17:
Creating more flexible setbacks measured from the back of sidewalk to create a
more pedestrian oriented atmosphere;
Creating a large rear setback for lots adjacent to lots greater than ½ acre on size
to buffer large lot / small lot development;
Modifying reviewing bodies for elevation changes;
Creating flexible lot frontages;
Reduce minimum lot sizes for additional flexibility;
Use of drought tolerant landscaping, consistent with new State Standards and
future City Standards;
Sewer service revisions, consistent with proposed amendments;
Solidifying historic overlay zone over Lot 1.
Properties to the east of the project area are Suburban Estate with a 2.5-acre minimum
lot size and properties to the west and south are Residential Single -Family – X. The two
adjacent properties to the north are zoned Residential Single-Family – X with a PD-17
overlay featuring traditional neighborhood layouts and colony style architecture and
materials. These properties (Oak Grove Phase I and Oak Grove Phase II) were entitled
during the same time period, however these projects have been constructed,
completed, and occupied. The proposed amended p roject would connect to the
adjacent development and is designed to incorporate landscape and road design
features consistent with approved plans. Proposed architectural elevation changes
include architectural styles that mimic craftsmen style, Spanish-Mediterranean, and
ranch style homes.
ANALYSIS:
The proposed project consists of a twelve -lot residential subdivision on a 3-acre parcel
with a Planned Development Overlay Zone . The proposed lot sizes range from 8,730 to
14,770 square feet. The existing Colony home will be retained on lot 1 and will be
designated with a historical overlay zone, as a part of the new PD -32 overlay zone.
Each home will have a two-car attached garage with additional uncovered spaces
provided in the driveway that fulfill the guest-parking requirements. There are six (6)
additional on-street parking spaces provided in parallel parking pockets. As a part of the
revised subdivision layout, an additional two (2) on -street parking spaces are provided
versus the originally approved four (4). The amended master plan of development
includes site plan and architectural design standards for the project
36
Site Plan
The initial project was approved by the Planning Commission in September 2004. The
project was sent back to the Planning Commission in November 2004 due to a
neighborhood noticing error. At this meeting, neighbors objected to a roadway
connecting Carrizo Road to the subdivision, citing traffic concerns. The Planning
Commission deadlocked to approve the project, as was originally approved in
September, showing the roadway connecting the subdivision to Carrizo Road.
Subsequently, the Planning Commission directed the applicant to work with staff on an
alternative subdivision layout. The Planning Commission and City Council approved a
subdivision with a three (3) lot “alley” only connecting a portion of the subdivision to
Carrizo Road. The subdivision was to be completed in phases, contingent on future
development in the area to connect the neighborhood.
September 2004 Subdivision Design / Layout
“T” intersection
37
City Council / Planning Commission Approved Layout – January 2005
As a part of the project re-submittal, Planning, Public Works, and the Fire Department
noted that “Carizzo Ct” did not connect the subdivision. Neighborhood connectivity is a
primary goal and implementation measure of the City’s General Plan. Specifically,
General Plan policies pertaining to circulation:
Atascadero General Plan 2025 Circulation Policies:
Connection
Eliminated
38
The lack of connectivity is a concern from a pedestrian, neighborhood, and public safety
standpoint. When the property was originally slated for development, the area had not
experienced the amount of residential units that exists today. The DRC reviewed the
proposed site plan modifications and directed Staff and the applicant to move forward
with a site plan that shows connecting “Carrizo Ct” with a new street that terminates at
Pinion Lane. The DRC agreed that the lack of connectivity was a concern and th at the
neighborhood should be connected to allow residents to choose reasonably directed
paths to destinations, consistent with the City’s General Plan.
In addition to the major circulation change, the proposed street will require removal of a
36-inch valley oak. Staff has explored ways to keep the tree, however due to the
drought conditions, as well as proposed circulation improvements, Staff is
recommending removal of the Coast Live Oak as a part of its recommendation.
2015 – Proposed Site Plan / Subdivision Layout
Proposed Lot Line
Adjustments
39
Architecture Elevations and Materials
The originally approved architectural elevations included six (6) unique home designs
with traditional Colony elements consistent with the craftsman style of the existing
residence. Four (4) wood sided homes and two stucco sided homes were proposed, all
with front porches and Craftsman detailed roof elements. The originally approved
project also included second floor office space above the garages in three floor plans.
No plumbing facilities are proposed within the proposed spaces.
2005 – Approved Architectural Elevation
Similar to other previously amended projects, the applicant is seeking architectural
elevation changes to better fit market conditions of today. The proposed architectural
elevations included a total four (4) different type of architectural elevations, including a
craftsman inspired, Spanish colonial inspired, ranch style, and Spanish–Mediterranean.
The applicant is proposing elimination of 2nd stories on elevations that previously
showed them. Floor plans have been generally enlarged to provide for additional living
spaces and the number of bedrooms has remained generally the same. Additionally,
garages have been attached to homes versus detached. To reduce dominance of
garages, Architecturally enhanced garages will be required (condition 7). Colors and
materials have also been revised to match the new architectural elevations. Those are
included as a part of Attachment 8.
40
2015 – Proposed Architectural Elevations
Landscape Design
The amended landscaping plan has been designed for compatibility with the
surrounding neighborhood, specifically the Oak Grove Phase II tract. (CUP Condition #9
has been modified to reflect that landscaping, at the time of building permit submittal,
shall be consistent with the State Department of Water Resources revised water
efficient landscaping guidelines. Individual property owners will landscape back yards
with the exception of lots 5, 6, and 7, which will be landscaped by the applicant as a
buffer to the adjacent Residential Suburban zoned properties (Condition CUP 11). This
condition is a carry-over from the previously approved plan. Landscape maintenance
41
will be the responsibility of the individual property owner with the exception of the
drainage basin and the five-foot landscape planting area adjacent to the proposed
“Medio Lane”.
Tree Protection / Removal
The project area includes a number of native trees that will require monitoring due to
construction impacts. Mitigation measures have been incorporated into the project to
reduce impact to native trees to a less than significant level (Mitigat ion Measures 4.e.1
and 4.e.2). No native oak trees are proposed for removal. In addition, the proposed
amended project now includes removal of one (1) native Coast Live Oak due to impacts
caused by the proposed new road. The applicant will have the choice to mitigated, on-
site with additional tree planting of five (5) native trees on -site (5-gallon replacements)
or payment of $266.67 into the City’s native tree fund.
A condition has been included to utilize a 4 -to 6-inch thick layer of mulch under the
driplines of all existing oak trees to be preserved. Compatible native or drought resistant
plant materials with special low-water irrigation systems may be installed under the tree
canopy, subject to review and written approval of the project tree arboris t, and subject to
final staff approval (Condition #11).
Site Drainage
The site is relatively flat with a slight slope toward the northwest portion of the property.
Drainage has been designed to flow into two to an on-site basin located on lot 10. The
basins shall be landscaped by the applicant and maintained by the homeowners’
association or other maintenance mechanism (Condition # 11).
Wastewater
The applicant has the option of extending sewer up Carrizo Rd or connecting to the
sewer facilities provided for adjacent projects. The originally approved project was
designed to connect off of Copado Road by importing 10,000 cubic yards of fill. The
applicant in their due diligence phase, determined that this was infeasible to construct
the project, especially given the site is less than three (3) acres in size. Based on an
engineer’s analysis of the project, four (4) lots may be connected via gravity flow. The
remaining eight (8) lots could use a force main system to force wastewater flow to
Copado Street.
A gravity main is proposed to be installed that will be stubbed at the western property
boundary of the adjacent property (1325 El Camino Real). It is anticipated that this
property will likely develop, similar to the proposed project and will develop a
wastewater system that will connect at El Camino Real. When this project develops, the
eight (8) lots will be responsible to connect to the gravity main. The cost associated with
connection into the gravity pipe will be borne by the Homeowners Association
(Condition 63).
42
On-Site Historic Preservation
The project is outside the area identified within the 1930 Sanborn Insurance Maps for
the historic Atascadero Colony. The house exhibits local significance as an example of
vernacular Craftsman architecture. The previously approved project, along with its
certified mitigated negative declaration, proposed to retain and rehabilitate the existing
Colony House. Conditions previously pertaining to the historic colony house remain.
Project Benefits
One of the required findings for approval of a planned development rezone is that the
project offers certain redeeming features to compensate for the requested modification.
The table below summarizes the City Council Planned Development Benefits Policy.
The City Council must find that the project meets all of the Tier 1 benefits as underlined
below to grant the requested Planned Development Overlay zone change. The project
also provides a Tier 2 benefit through the retention of the on -site Colony Home and
addition of the Historic Overlay Zone to proposed Lot 1 (condition 10).
PD Location Tier 1 Benefits Tier 2 Benefits
Inside of Urban Core
PD-7
PD-17
Custom PD’s
a) Affordable / Workforce Housing
b) High Quality Architectural
Design
c) High Quality Landscape Design
d) Buffering between Urban and
Suburban zones (large lot sizes,
increased setbacks, landscape
buffers, etc.)
e) Higher density to meet Housing
Element goals
a) Pocket Parks in larger projects
b) Trails / Walkways for Pedestrian
Connectivity
c) Historic Preservation
Outside of Urban Core
Rural / Suburban Areas
PD-16
Custom PD’s
a) Natural Open Space Preservation a) Multi-Purpose Trails – Equestrian /
Bicycle / Pedestrian
b) Recreational Areas / Facilities
c) Historic Preservation
Affordable Housing
The City Council has an interim inclusionary affordable housing program to include a
fixed percentage of units within residential developments that require a legislative
approval to be reserved as deed restricted affordable units. This program requires the
proposed project to provide two deed -restricted moderate-income units for a 30-year
period (Condition CUP 13). The applicant has Lot 10 to be deed restricted to meet this
requirement. The applicant will need to identify a 2nd lot prior to the issuance of the 1st
building permit.
Subdivision Map / Lot Line Adjustment
The tentative subdivision map was approved by the City Council in January 2005, along
with the originally proposed project. The Map was approved to be recorded in February
2008, and was recorded at the San Luis Obispo County Recorder’s Office in March
2008. As a part of the map recordation, formation of a Community Facilities District was
moved from the map recording to the issuance of the 1st building permit. The City
Council allowed for modification of this condition. The applicant has applied for
43
annexation into the City’s CFD and is currently working with Staff to fulfill this project
approval condition.
To ensure consistency with the new Planned Development Overlay Zone #32, as well
as the proposed amended master plan of development, the applicant has submitted a
lot line adjustment (LLA 2015-0120). Typically, lot line adjustments are completed on an
administrative basis, however since the application was submitted with the amendment,
Staff is requesting the Planning Commission make a recommendation for approval of
the Lot Line Adjustment. The LLA adjusts legal lots number 2 through 5, as shown in
both the site plan and attachment #9. The findings to recommend approval of the Lot
Line Adjustment are included, along with standard conditions of approval.
General Plan Consistency
The proposed amendments must be consistent with the City’s General Plan. The
following are pertinent Goals and Policies contained in the General Plan to meet this
required finding:
Land Use Policy 1.1: “Preserve the rural atmosphere of the community and assure
“elbow room” in areas designed for lower density development by guiding new
development into the Urban Core to conform to the historic Colony land use patterns of
the City and to respect the natural environment, hillside area and existing
neighborhoods”.
Land Use Policy 6.1: “Ensure that development does not degrade scenic and sensitive
areas, including historic sites, creeks, riparian corridors, wetlands, woodlands, hillsides,
and other valuable habitats.”
Land Use Policy 6.3: “Encourage conversation and preservation of neighborhoods,
Colony Homes, and sound housing, including places and buildings of historical and
architectural significance.”
Housing Element Policy 4.3: “Encourage attractive architecture and site landscaping
that respect terrain and native trees.”
In addition, the General Plan SFR-X land use designation permits a maximum density of
4.0 dwelling units per acre with the approval of the Planned Development Overlay Zone.
Currently this PD overlay zone is PD-17. The applicant is proposing a new P overlay
zone to better implement and construct the project. Implementing General Plan
programs requires appearance review of architectural design, materials, street trees,
and landscaping to maintain and retain the rural atmosphere and protect the
environment, and incorporate architectural themes into the site and building design. As
analyzed above, the proposed project, as amended, is consistent with the General Plan.
Findings
Conditional Use Permit (Master Plan of Development) Amendment
A Master Plan of Development is required for approval of the PD-32 overlay zone. This
is approved through the Conditional Use Permit process. The Conditional Use Permit
44
process provides the opportunity for the public and the Planning Commission / City
Council to review the specifics of land use proposals, such as architectural design, site
design, landscape, signage, and specific standards of the Zoning Ordinance. The
following five findings must be made to approve amend the existing Conditional Use
Permit (Master Plan of Development):
1. The proposed project or use is consistent with the General Plan and the City’s
Appearance Review Manual.
Staff Comment: The use and appearance is consistent with the single-family
residential designation of the Plan and General Plan Land Us e Element Policy 1.1,
6.1, 6.3, and other pertinent General Plan Goals and Policies. T he proposed
amendment was reviewed by the City’s Design Review Committee and City Staff for
consistency with the City’s Appearance Review Manual. The City’s Design Review
Committee recommends approval of the proposed project.
2. The proposed project or use satisfies all applicable provisions of the Title (Zoning
Ordinance) including the proposed PD-32 Overlay zone.
Staff Comment: As conditioned, the project satisfies all proposed PD-32 Zoning
Code provisions, incorporating high-quality architecture and neighborhood design,
historic preservation, and is consistent with pertinent City Zoning Ordinances codes.
3. The establishment, and subsequent operation or conduct of the use will not,
because of the circumstances and conditions applied in the particular case, be
detrimental to the health, safety, or welfare of the general public or persons residing
or working in the neighborhood of the use, or be detrimental or injurious to property
or improvements in the vicinity of the use.
Staff Comment: The proposed amendment to the previously approved project will
not be detrimental to the general public or working persons’ health, safety, or
welfare. The proposed project is residential in nature, and provides additional
housing units, which is needed within the City limits.
4. That the proposed project or use will not be inconsistent with the character or the
immediate neighborhood or contrary to its orderly development.
Staff Comment: The project has been designed to be consistent with the existin g
neighborhood character and is designed to connect to the adjacent development.
Additionally, the proposed project, as amended, includes an additional circulation
connection that will contribute to orderly development and distribution of traffic from
bicycles, pedestrians, and vehicular access.
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, o r beyond the normal traffic volume of the
surrounding neighborhood that would result from full development in accordance
with the Land Use Element.
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Staff Comment: The proposed project and use is consistent with the traffic
projections and road improvements anticipated within the General Plan. A single-
family residential subdivision use in the proposed location is consistent and
compatible with the surrounding residential neighborhood. The General Plan
identifies this site as Single-Family Residential with a maximum density of 4.0
dwelling units per acre (du/ac) with a minimum lot area of 0.5 acres net. Smaller lot
sizes allowing up to 4.0 du/ac may be allowed through a Planned Development
Overlay. The previously approved project, as condition ed, included this overlay
zone.
6. That the proposed project is in compliance with any pertinent city policy or criteria
adopted by ordinance or resolution of the city council.
Staff Comment: The proposed project, as amended, is in compliance with all city
policies and criteria adopted by ordinance or resolution of the City Council.
7. Any additional findings deemed necessary.
Staff Comment: No additional findings are necessary with this proposed
amendment.
Based on staff’s analysis all of the required findings for amending the Master Plan of
Development (Conditional Use Permit) can be made. The proposed 12 single -family
homes on 3-acres include 2 affordable units deed restricted at the moderate -income
rate. The project is consistent with the City’s General Plan .
Tree Removal Permit Findings
AMC section 9-11.105(d)(2) requires at least one (1) finding be made by the Planning
Commission to recommend approval to the City Council removal of a native tree.
1. The tree is dead, diseased or injured beyond reclamation, as certified by a tree
condition report from an arborist;
Staff Comment: Not applicable
2. The tree is crowded by other healthier native trees; thinning (removal) would
promote healthier growth in the trees to remain, as certified by a tree condition
report from an arborist;
Staff Comment: Not applicable
3. The tree is interfering with existing utilities and/or structures, as certified by a
report from the site planner;
Staff Comment: The proposed 32-inch Coast live Oak is located within the right-
of-way of the proposed “Medio Lane”. This is a needed connection for
46
neighborhood connectivity and driveway access to three (3) lots. Proposed
improvements cannot be accommodated without removing the tree.
4. The tree is inhibiting sunlight needed for existing and /or proposed active or
passive solar heating or cooling, as certified by a report from the site planner;
Staff Comment: Not applicable
5. The tree is obstructing proposed improvements that cannot be reasonably
designed to avoid the need for tree removal, a s 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: Staff considered all practical design alternatives and the
applicant consulted with City Staff early on in the amendment process. The
proposed tree to be removed would ultimately need to be removed even if the
originally approved project were to move forward. Therefore, the proposed
improvements cannot be reasonably designed to avoid tree removal, as indicated
in the arborist report that is included in the project file and Staff Report.
Lot Line Adjustment Findings
AMC section 11-5 requires the following finding be made by to recommend approval for
a lot line adjustment to the City Council.
1. The proposed lots for adjustment are legal lots of record; and
Staff Comment: The proposed lot line adjustment adjusts lots 2 through 5 of tract
2625 recorded in Recorded Maps, Book 31, pages 23 through 25 in San Luis
Obispo County, California.
2. The Lot Line Adjustment, as conditioned, is consistent with current building and
zoning standards; and
Staff Comment: The proposed lot line adjustment will provide for consistency with
approved Master Plan of Development Amendments 2004-0128 and Planned
Development Overlay Zone No. 32.
3. The Lot Line Adjustment is consistent with the General Plan and the Atascadero
Municipal Code; and
Staff Comment: The proposed lot line adjustment ensures that lots are consistent
with the City’s General Plan which allows for up to four (4) units to the acre in the
47
Single Family Residential X land use designation. In addition, the proposed lot
line adjustment ensures consistency with the underlining zoning district and all
pertinent municipal code sections.
4. The Lot Line Adjustment will not result in a greater number of lots than existing.
Staff Comment: The proposed lot line adjustment will not result in a greater
number of lots existing. Currently there are four (4) lots of legal record. After
recordation of the proposed lot line adjustment, there will remain four (4) legal
lots of record.
Proposed Environmental Determination
The City Council certified Mitigated Negative Declaration 2004-0030 in January 2005.
The environmental analysis identified at the time addressed concerns regarding
potential impacts to aesthetics, air quality, biology, cultural resources, geology and soils,
water quality, noise, and traffic. Mitigation measures pertaining to these areas were
included. The proposed amendments will not have a significant effect on the
environment based upon the implementation of the identified mitigation measures and
conditions of approval; therefore the proposed amendment is consistent with the
approved environmental determination.
Conclusion
The proposed amendments to the previously approved project are consistent with the
General Plan and Atascadero Municipal Code. It is staff’s opinion that the proposed
project, as conditioned allows the Planning Commission to make a recommendation of
to the City Council for proposed project approval.
FISCAL IMPACT:
The project is conditioned to fund all of its tract maintenance costs and contribute to the
funding of emergency services. As conditioned, the project is projected to be revenue
neutral to the City.
ALTERNATIVES:
1. The Planning Commission may make recommendations for modifications to the
project and/or conditions of approval.
2. The Planning Commission may determine that more information is needed on
some aspect of the project and may refer the item back to the applicant and staff
to develop the additional information. The Commission should clearly state the
type of information that is required and move to continue the item to a future
date.
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3. The Commission may deny the proposed amendments. The parcel would retain
its designation of Residential Single Family-X / PD-17 overlay zone, and the
applicant may only construct improvements that were previously approved.
ATTACHMENTS:
Attachment 1: Aerial Map
Attachment 2: 2015 Site Photos
Attachment 3: 2015 Proposed Site Plan
Attachment 4: Developer’s Statement
Attachment 5: 2015 Arborist Report
Attachment 6: Certified Mitigated Negative Declaration 2004-0030
Attachment 7: Draft PC Resolution 2015-A – Proposed Zoning Map Change
Attachment 8: Draft PC Resolution 2015-B–Proposed CUP 2004-0126 Amendments
Attachment 9: Draft PC Resolution 2015-C – Proposed Lot Line Adjustment 2015-0120
Attachment 10: Draft PC Resolution 2015-D – Proposed Tree Removal Permit 2015-
0193
49
Attachment 1: Aerial Map
RMF-16
CPK
Existing Designations:
-General Plan: Single Family Residential (SFR-X)
-Zoning District: Residential Single-Family (RSF-X)
Proposed Designations:
-Zoning District: Residential Single-Family – X/PD-32/HS
Project
Site
50
Attachment 2: 2015 Site Photos
51
Attachment 3: 2015 Proposed Site Plan
52
Attachment 4: Developer’s Statement
53
54
55
56
Attachment 5: 2015 Arborist Report
57
58
59
60
Attachment 6Certified Mitigated Negative Declaration 2004-0030
61
62
ATTACHMENT 7: Draft PC Resolution 2015-A
CUP 2004-0078 /ZCH 2004-0126 / ZCH 2015-0179
Recommendation for Zoning Map Change
DRAFT PC RESOLTUION 2015-A
RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ATASCADERO, CALIFORNIA,
RECOMMENDING THAT THE CITY COUNCIL APPROVE
ZONE CHANGE 2004-0078 / 2015-0179, AMENDING THE OFFICIAL
ZONING MAP DISTRICT OF APN 049-105-011 THROUGH 012 FROM
RSF-X / PD-17 / H (RESIDENTIAL SINGLE FAMILY-X WITH PLANNED
DEVELOPMENT OVERLAY #17 AND HISTORIC OVERLAY) TO RSF-X
/ PD-32 / H (RESIDENTIAL SINGLE FAMILY-X WITH PLANNED
DEVELOPMENT OVERLAY #32 AND HISTORIC OVERLAY ZONE ON
LOT 1)
(5310 Carrizo Rd. / 5310 Carrizo, LLC / Eddings)
WHEREAS, an application has been received from 5310 Carrizo, LLC (125 South
Bowling Green Way, Los Angeles, CA 90049), Applicant, and Property Owner, to consider a
proposed zoning mapping change from RSF-X / PD-17 (Residential Single-Family with Planned
Development Overlay #17) to RSF-X / PD-32 (Residential Single-Family with Planning
Development Overlay #32) with the amending of a previously approved Master Plan of
Development APN 049-105-001 THROUGH 012; and,
WHEREAS, the site’s General Plan Designation is SFR-X (Single-Family Residential -
X); and,
WHEREAS, the site’s current zoning district is RSF-X (Residential Single-Family) with
a Planned Development Overlay #17; and,
WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2004-0030 was
prepared for the project and made available for public review in accordance with the
requirements of the California Environmental Quality Act (CEQA) and certified by the City
Council of the City of Atascadero on January 10, 2005; and,
WHEREAS, CEQA review determined that the project site (contains a historic resource
of local significance, requiring that a Historic Overlay zone designation be placed over the
subject parcel (APN 049-105-001) as mitigation to reduce potential impacts to less than
significant; and,
WHEREAS, the City Council of the City of Atascadero approved a Zoning Map
Change, Master Plan of Development, and Tentative Subdivision Map with associated findings
for APNs 049-105-001 through 012 on January 10, 2005; and,
63
WHEREAS, the Planning Commission has determined that it is in the best interest of the
City to enact this amendment to the Official Zoning Map to protect the health, safety and welfare
of its citizens by applying orderly development of the City; and,
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA) have been adhered to; and,
WHEREAS, the proposed Zoning Map Amendment is in substantial conformance with
Certified Mitigated Negative Declaration 2004-0030 prepared for the original project and made
available for public review in accordance with the requirements of the California Environmental
Quality Act (CEQA); and,
WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone
Change application was held by the Planning Commission of the City of Atascadero at which
hearing evidence, oral and documentary, was admitted on behalf of said Zoning amendments;
and,
WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed
Public Hearing held on December 15, 2015, studied and considered amendments to Zone Change
2004-0078 / 2015-0179, after first studying and considering the Proposed Mitigated Negative
Declaration prepared for the project; and,
NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the
following actions:
SECTION 1. Findings for Approval of a Zone Change to the Official Zoning Map of
Atascadero Changing the existing site zoning to RSF-X/PD-32/HS. The Planning
Commission recommends the City Council of the City of Atascadero finds as follows:
1. Modification of development standards or processing requirements is warranted
to promote orderly and harmonious development.
The originally approved project was approved with a Planned Development 17
overlay, consistent with surrounding small lot development on adjacent parcels to the
north of the proposed project area. A new Planning Development Overlay Zone #32
is required to allow for flexibility while maintaining core architectural and pedestrian
oriented details that are contained in PD-17. Therefore, modifications of development
standards ensure orderly and harmonious development.
2. Modification of development standards or processing requirements will enhance
the opportunity to best utilize special characteristics of an area and will have a
beneficial effect on the area.
Modification of development standards enhances the opportunity to best utilize
special characteristics of the area and will have a beneficial effect because it ensure
consistent development with neighborhoods that have previously approved PD-17
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overlay zone. In addition, the proposed PD-32 overlay zone includes identification of
the Lot 1 as a Historic resources and overlay zone.
3. Benefits derived from the overlay zone cannot be reasonably achieved through
existing development standards or processing requirements.
Existing SFR-X development standards does not achieve the permitted density
allowed in the City’s adopted General Plan, including reduced setbacks, pedestrian
oriented design, and other project features. Therefore, it is a benefit to approve the
proposed zoning map amendment.
4. Proposed plans offer certain redeeming features to compensate for the requested
modification.
The proposed development executes the City’s General Plan by allowing for flexible
setbacks, parking standards and other high quality design features through the
Planned Development Process. In return, the applicant will be deed restricting a
minimum of two (2) residential units for affordable, moderate income housing, and
designate Lot 1 as a historical resource. The Applicant has included in the amended
master plan of development a high quality architectural development package.
SECTION 2. Recommendation of Approval. The Planning Commission of the City of
Atascadero, in a regular session assembled on December 15, 2015, resolved to recommend that
the City Council introduce for first reading by title only, an ordinance that would rezone the
subject site consistent with the following:
1. Exhibit A: Zone Change Map
2. Exhibit B: Establishment of Planned Development Overlay Zone No. 32
65
BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by
the Planning Commission Secretary to the City Council of the City of Atascadero.
On motion by Commissioner_________, and seconded by Commissioner ____, the foregoing
resolution is hereby adopted in its entirety by the following roll call vote:
AYES: ( )
NOES: ( )
ABSTAIN: ( )
ABSENT: ( )
ADOPTED:
CITY OF ATASCADERO, CA
______________________________
Mark Dariz
Planning Commission Chairperson
Attest:
______________________________
Phil Dunsmore, AICP
Planning Commission Secretary
66
Exhibit A: Official Zoning Map Change 2004-0126 / 2015-0178 (Planned Development Overlay #32)
PD-32
Overlay
Existing Designations:
-General Plan: Single Family Residential - X
-Zoning District: Residential Single-Family – X / PD-17/HS
Proposed Designations:
-General Plan: Single Family Residential - X
-Zoning District: Residential Single-Family – X/PD-32/HS
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Exhibit A: Official Zoning Map Change 2004-0078: Project Site
Existing Designations:
-General Plan: Single Family Residential - X
-Zoning District: Residential Single-Family – X / PD-17/HS
Proposed Designations:
-General Plan: Single Family Residential - X
-Zoning District: Residential Single-Family – X/PD-32/HS
Project Site:
rezone to RSF-
X/PD-32
Lot 1: Historic
Overlay Zone
68
Exhibit B: 9-3.676 Establishment of Planned Development Overlay Zone No. 32
9-3.677 Establishment of Planned Development Overlay Zone No. 32: (PD32)
A Planned Development Overlay Zone No. 32 shall be established for twelve lots in Subdivision
Tract 2625, recorded in Book 31 of Recorded Maps, page 23 through 25, San Luis Obispo
County, CA (assessor parcel numbers 049-105-01 through 012). The maximum density within
this planned development shall not exceed a gross density of four (4.0) units per acre and shall
have an underlying zoning designation of Residential Single Family (RSF-X). The following
development standards shall be applied to all properties recorded :
(a) A master plan of development of the site shall be approved (CUP 2004-0126). All
construction and development shall be in conformance with the approved master plan of
development.
(b) No subsequent lot splits or lot line adjustments shall be approved unless found to be
consistent with the approved master plan of development.
(c) All lots shall front on a public street.
(d) Architectural elevations shall be consistent with approved elevations as shown in the
approved master plan of development (CUP 2004-0126).
(e) Building setbacks shall be consistent with the approved master plan of development
(CUP 2004-0126):
Front yard at porch (measured from back of sidewalk) 10 feet
Front yard at dwelling (measured from back of sidewalk) 20 feet
Front yard at garage (measured from back of sidewalk) 25 feet
Side yards (measured from property line) 5 feet
Corner Lot Side yard (measured from back of sidewalk) 5 feet
Rear yard (measured from property line) 5 feet
Rear yard adjacent to existing lots greater than an ½
gross acre (Lots 1,2, 3,6, 7)
12 feet
(f) Garages placement shall be consistent with the approved master plan of development
(CUP 2004-0126).
(g) Building coverage (residence plus garage footprint) shall not exceed thirty -five
percent (35%) of the individual lot area. Landscaping shall constitute a minimum of forty
percent (40%) of the lot area. The measurement of landscaped a reas shall be exclusive of
driveways, patios, decks, etc.
(h) Two- (2) story residential additions are permitted, however shall be reviewed by the
Design Review Committee or referred to a separate committee as directed by the Planning Director ,
(i) All mechanical equipment, including HVAC units and utility meters, shall be screened
from view from adjacent streets and properties.
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(j) Exterior fencing shall be consistent with the approved master plan of development
landscaping plan (CUP 2004-0126).
(k) The use of residential accessory buildings (sheds, etc.) will be allowed; however, the
footprint of such accessory buildings will count toward the maximum percent of allowable
building coverage. Residential accessory buildings shall be consistent with the setbacks set forth
in section 9-3.677.e of the Atascadero Municipal Code. All other regulations shall be consistent
with residential accessory structures contained in both the California Building Code (CBC) and
the Atascadero Municipal Code (AMC).
(l) Each proposed lot shall have a minimum frontage of fifty (50) feet measured at the
front setback line. The minimum net lot area shall be six thousand (6,000) square feet.
(m) Parking for two- (2) resident vehicles shall be provided within the provided garage.
One guest parking space shall be provided on each individual lot. The driveway area may be
used to satisfy the guest parking requirement. On-street parking shall not be used to satisfy any
of these parking requirements.
(n) All front yards and street facing side yards shall be landscaped with drought tolerant
landscaping consistent with the State of California drought tolerant landscaping guidelines.
(o) Individual trash collection shall be used for each residential unit. Provisions shall be
made for storage of trashcans within the garage or fenced area. These shall be identified in the
approved landscape plan.
(p) All utilities, including electric, telephone and cable, along the frontage of and within
the PD shall be installed underground.
(q) Alterations or additions to established dwelling units shall be subject to the density
standards of the underlying zone and shall be reviewed pursuant to the City’s Appearance
Review Guidelines.
(r) No farm animals may be kept on a lot.
(s) Sewer service shall be provided with connection to the City’s sewer system. The
project Homeowners Association or similar financial mechanism shall be responsible for the cost
of abandoning injector pumps on individual lots when sewer service is made available to El
Camino Real or Carrizo Road.
(t) All identified roadway improvements shall be completed as shown in the Master Plan
of Development (CUP 2004-0126).
(u) Lot 1 of Recorded Map Books 31, pages 23 through 25 (APN 049-105-001) shall
have a Historic Site Overlay zone designation. Further development of this lot shall be
consistent Atascadero Municipal Code section 9-3.623 or successor code.
(v) Any native tree removals beyond what is identified in Tree Removal Permit 2015-
0193 will require Planning Commission approval prior with appropriate findings made,
consistent with the City’s Native Tree Ordinance.
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ATTACHMENT 5: Draft PC Resolution 2015-B
PD-32 Master Plan of Development CUP 2004-0126 / ZCH 2004-0078 / ZCH 2015-0179
Proposed Master Plan of Development Amendment
DRAFT PC RESOLUTION 2015-B
RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING
THAT THE CITY COUNCIL APPROVE AN AMENDMENT TO
CONDITIONAL USE PERMIT 2004-0126 (MASTER PLAN OF
DEVELOPMENT) ON
APN 049-105-001 through 012
5310 Carrizo Road
(5310 Carrizo Rd. / 5310 Carrizo, LLC / Eddings)
WHEREAS, an application has been received from 5310 Carrizo, LLC (125 South
Bowling Green Way, Los Angeles, CA 90049), Applicant, and Property Owner, to consider a
project consisting of a zone change from RSF-X (Residential Single-Family) to RSF-X / PD-32
(Residential Single-Family with Planned Development Overlay #32) project consisting of a CUP
(Conditional Use Permit) Amendment to amend the Master Plan of Development over the
project site of existing residential lots at 5310 Carrizo Road (APN 049-105-001 through 012);
and,
WHEREAS, the site’s General Plan Designation is SFR-X (Single-Family Residential -
X); and,
WHEREAS, the Planning Commission has recommended that the site’s zoning district
be changed from RSF-X /PD-17 / HS to RSF-X/PD-32/HS; and,
WHEREAS, the PD-32 overlay district requires a Master Plan of Development to be
approved in the form of a Conditional Use Permit; and,
WHEREAS, the City Council approved the original Master Plan of Development (CUP
2004-0078) for the site on January 10, 2005; and,
WHEREAS, the proposed Conditional Use Permit Amendment is in substantial
conformance with Certified Mitigated Negative Declaration 2004-0030 prepared for the original
project and made available for public review in accordance with the requirements of the
California Environmental Quality Act (CEQA); and,
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA) have been adhered to; and,
71
WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed
Public Hearing held on December 15, 2015, studied and considered the Master Plan of
Development Amendment (Amendment to CUP 2004-0126), after first studying and considering
Certified Mitigated Negative Declaration 2005-0165 and,
NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the
following actions:
SECTION 1. Findings for Approval of Conditional Use Permit Amendment. The
Planning Commission recommends the City Council of the City of Atascadero finds as follows:
1. The proposed project or use is consistent with the General Plan and the City’s
Appearance Review Manual; and,
The use and appearance is consistent with the single-family residential designation of
the Plan and General Plan Land Use Element Policy 1.1, 6.1, 6.3, and other pertinent
General Plan Goals and Policies. The proposed amendment was reviewed by the
City’s Design Review Committee and City Staff for consistency with the City’s
Appearance Review Manual. The City’s Design Review Committee recommends
approval of the proposed project.
2. The proposed project or use satisfies all applicable provisions of the Title
(Zoning Ordinance) including the PD-32 Ordinance; and,
As conditioned, the project satisfies all proposed PD-32 Zoning Code provisions,
incorporating high-quality architecture and neighborhood design, historic
preservation, and is consistent with pertinent City Zoning Ordinances codes.
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,
The proposed amendment to the previously approved project will not be detrimental
to the general public or working persons’ health, safety, or welfare. The proposed
project is residential in nature, and provides additional housing units, which is needed
within the City limits.
4. That the proposed project or use will not be inconsistent with the character or
the immediate neighborhood or contrary to its orderly development; and,
The project has been designed to be consistent with the existing neighborhood
character and is designed to connect to the adjacent development. Additionally, the
proposed project, as amended, includes an additional circulation connection that will
contribute to orderly development and distribution of traffic from bicycles,
pedestrians, and vehicular access.
5. That the proposed use or project will not generate a volume of traffic beyond the
safe capacity of all roads providing access to t he project, either existing or to be
72
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.
The proposed project and use is consistent with the traffic projections and road
improvements anticipated within the General Plan. A single-family residential
subdivision use in the proposed location is consistent and compatible with the
surrounding residential neighborhood. The General Plan identifies this site as Single-
Family Residential with a maximum density of 4.0 dwelling units per acre (du/ac)
with a minimum lot area of 0.5 acres net. Smaller lot sizes allowing up to 4.0 du/ac
may be allowed through a Planned Development Overlay. The previously approved
project, as conditioned, included this overlay zone.
6. That the proposed project is in compliance with any pertinent city policy or
criteria adopted by ordinance or resolution of the city council; and
The proposed project, as amended, is in compliance with all city policies and criteria
adopted by ordinance or resolution of the City Council.
7. Any additional findings deemed necessary.
No additional findings are necessary with this proposed amendment.
SECTION 2. Recommendation for Approval. The Planning Commission of the City
of Atascadero, in a regular session assembled on December 15, 2015, recommends to the City
Council approval of amendments to Conditional Use Permit 2004-0126 (Master Plan of
Development) subject to the following:
1. EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program
2. EXHIBIT B: Master Plan of Development
3. EXHIBIT C: Statistical Project Summary
4. EXHIBIT D: Landscape Plan
5. EXHIBIT E: Tree Protection plan
6. EXHIBIT F: Grading and Drainage Plan
7. EXHIBIT G: Elevations, Floor Plans, Color and Materials
8. EXHIBIT H: Utility Plan
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BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by
the Planning Commission Secretary to the City Council of the City of Atascadero.
On motion by Commissioner_________, and seconded by Commissioner ____, the foregoing
resolution is hereby adopted in its entirety by the following roll call vote:
AYES: ( )
NOES: ( )
ABSTAIN: ( )
ABSENT: ( )
ADOPTED:
CITY OF ATASCADERO, CA
______________________________
Mark Dariz
Planning Commission Chairperson
Attest:
______________________________
Phil Dunsmore, AICP
Planning Commission Secretary
74
EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program
PD-17 32 Master Plan of Development (CUP 2004-0126)/ZCH 2004-0078
Conditions of Approval /
Mitigation Monitoring Program
5310 Carrizo Rd
PD-17 32 Master Plan of Development
CUP 2004-0126/ZCH 2004-0078 / ZCH 2015-0179
Timing
BL: Business License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary
Occupancy
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
Planning Services
1. The approval of this zone change and use permit shall become final
and effective following City Council approval.
BP PS
2. Approval of this Master Plan of Development shall be valid concurrently
with the life of Tentative Tract Map 2004-0048 and then indefinitely
following final map (Map Recorded, RM Book 31 Pages 23-25). The
Master Plan of Development approval shall expire and become null
and void unless a final map is recorded consistent with the Master Plan
of Development.
FM PS
3. Subsequent changes to the Master Plan of Development shall be
approved by the City Council.
On-going PS
4. The Community Development Department shall have the authority to
approve the following minor changes to the project the (1) modify the
site plan project by less than 10%, (2) result in a superior site design or
appearance, and/or (3) address a construction design issue that is not
substantive to the Master Plan of Development. The Planning
Commission shall have the final authority to approve any other
changes to the Master Plan of Development and any associated
Tentative Maps.
BP / FM PS
5. All subsequent Maps and construction permits shall be consistent with
the Master Plan of Development contained herein.
BP / FM PS
6. The applicant shall defend, indemnify, and hold harmless the City of
Atascadero or its agents, officers, and employees against any claim or
action brought to challenge an approval by the city, or any of its
entities, concerning the project.
7. All exterior elevations, finish materials and colors shall be consistent
with the Master Plan of Development as shown in EXHIBITS G to
include the following, subject to staff approval:
Elevations for floor plan F shall be as presented on the on the floor
plans and elevations page, with square windows on the second
floor. Arch features shall be eliminated from over the garage doors
and windows.
Floor plan C shall eliminate or reduce the carport feature in front of
the garage. The garage façade shall be recessed a minimum of
10 from the front of the residence, consistent with PD-17
standards.
Any modified Final color selection shall be subject to staff
BP PS
75
Conditions of Approval /
Mitigation Monitoring Program
5310 Carrizo Rd
PD-17 32 Master Plan of Development
CUP 2004-0126/ZCH 2004-0078 / ZCH 2015-0179
Timing
BL: Business License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary
Occupancy
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
approval.
All Craftsman elevations, double-hung windows will be
required.
Architectural Grade garage doors shall be required on all
elevations.
8. All site development shall be consistent with the maximum intensities
described in the statistical project summary as shown in EXHIBIT C.
BP/FM PS
9. All site work, grading, and site improvements shall be consistent with
the Master Plan of Development as shown in EXHIBIT B and F, as
amended.
BP/FM PS
10. The historic Colony Home (Lot 1) shall be restored as follows:
Prior to final of the proposed garage on Lot 1, any aluminum
windows on the original structure or previous additions shall be
replaced with wood windows consistent with the historic style of
the Colony Home, subject to staff approval.
The proposed garage on Lot 1 shall be subject to the Secretary
of the Interior’s guidelines for Historic Preservation and the
mitigation measures included in the Mitigated Negative
Declaration for the project.
11. A final landscape and irrigation plan shall be approved prior to the
issuance of building permits and included as part of site improvement
plan consistent with EXHIBITS B, D, and E, as amended. All exterior
meters, air conditioning units, and mechanical equipment shall be
screened with landscape material. Trash/recycle container areas shall
be screened with fencing or landscape.
The developer shall landscape all front and street-facing side yards
areas as shown in the approved landscaping plan, consistent with
new State Water Efficient Guideline and Standards. All landscape
maintenance shall be the responsibility of the individual property
owner.
All proposed tree locations, species, and sizes shall be as identified in
EXHIBITS D. Trees shall be double staked.
The drainage detention basin and planting strip along “Medio
Lane” shall be landscaped by the developer and maintained by
the homeowner’s association or other mechanism approved by
the City.
Additional landscape buffering in the form of 15-gallon trees and
shrubs shall be planted along the eastern property lines of lots
5, 6, and 7, as feasible with plant selection, quantity, and
placement subject to staff approval.
BP PS
76
Conditions of Approval /
Mitigation Monitoring Program
5310 Carrizo Rd
PD-17 32 Master Plan of Development
CUP 2004-0126/ZCH 2004-0078 / ZCH 2015-0179
Timing
BL: Business License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary
Occupancy
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
Landscaping underneath the canopy of existing native oak trees
shall utilize a 4 to 6 inch thick layer of mulch. Only compatible
native or drought resistant plant materials with special low-water
irrigation systems may be installed under the tree canopy,
subject to review and written approval of the project tree
arborist, and subject to final staff approval.
12. All project fencing shall be installed consistent with EXHIBIT B and D
subject to the following modifications.
The design of all fencing shall be compatible with the overall project
design, subject to staff approval, as shown in approved
landscaping plan.
BP PS
13. Affordable Housing Requirement: The applicant shall designate 2 units
as moderate-income units, deed-restricted for a 30-year period. Such
units shall be located throughout the project, subject to planning staff
approval. Units shall be identified and deed restriction recorded
prior to issuance of the 1st building permit.
FM, BP PS, CE
14. Affordable Workforce Housing
Prior to recordation of final map, the applicant shall enter into a legal
agreement with the City to reserve ½ of the units for sale to residents
or workers within the City of Atascadero, including the affordable
units. The agreement shall include the following provisions:
The units shall be offered for sale to residents or workers within
the City of Atascadero for a minimum of 60-days. During this time
period offers may only be accepted from Atascadero residents or
workers;
The applicant shall provide reasonable proof to the City that at
least one of the qualified buyers is a resident or worker within the
City Limits of Atascadero;
The Atascadero resident or worker restriction shall apply to the
initial sale only;
The applicant shall identify which units will be reserved; and
The City Attorney shall approve the final form of the agreement.
FM, BP PS, CE
15. All exterior material finishes (stone, siding, stucco facades, accent
materials, lighting, garage doors) shall be durable, high quality, and
consistent with the architectural appearance of each home.
BP
PS
16. Deed notice shall be recorded with lots 4-12 notifying each property
owner that the on-site roadway shall be extended to serve future
BP, FM
PS, CE
77
Conditions of Approval /
Mitigation Monitoring Program
5310 Carrizo Rd
PD-17 32 Master Plan of Development
CUP 2004-0126/ZCH 2004-0078 / ZCH 2015-0179
Timing
BL: Business License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary
Occupancy
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
subdivisions to the north and west.
17. Deed notification shall be applied to each of the new lots, notifying
homeowners that adjacent residential lots may be used for agricultural
purposes, including keeping of livestock animals, facilities and
equipment.
FM PS/CE
18. Prior to final map, the applicant shall submit CC&Rs for review and
approval by the Community Development Department. The CC&R’s
shall record with the Final Map and shall include the following:
a. Provisions for maintenance of all common areas including
access, parking, street trees, fencing and landscaping.
b. A detailed list of each individual homeowner’s
responsibilities for maintenance of the individual units.
c. Individual unit’s responsibility for keeping all trash
receptacles within the unit’s garage.
d. A provision for review and approval by the City Community
Development Department for any changes to the CC&R’s
that relate to the above requirements prior to the changes
being recorded or taking effect.
19. The emergency services and facility maintenance costs listed below
shall be 100% funded by the project in perpetuity. The service and
maintenance costs shall be funded through a community facilities
district established by the City at the developer's cost. The funding
mechanism must be in place prior to or concurrently with acceptance of
the final maps. The funding mechanism shall be approved by the City
Attorney, City Engineer and Administrative Services Director prior to
acceptance of any final map. The administration of the above
mentioned funds shall be by the City. Developer agrees to participate
in the community facilities district and to take all steps reasonably
required by the City with regard to the establishment of the district and
assessment of the property.
All Atascadero Police Department service costs to the project.
All Atascadero Fire Department service costs to the project.
Off-site common City of Atascadero park facilities maintenance
service costs related to the project
FM PS
20. All tract maintenance costs listed below shall be 100% funded by the
project in perpetuity. The service and maintenance cost shall be funded
through a Home Owners Association established by the developer
subject to City approval. The Home Owners Association must be in
place prior to, or concurrently with acceptance of any final maps. The
Home Owners Association shall be approved by the City Attorney, City
Engineer and Administrative Services Director prior to acceptance of
any Final Map. The administration of the above mentioned funds, and
the coordination and performance of maintenance activities, shall be
FM PS
78
Conditions of Approval /
Mitigation Monitoring Program
5310 Carrizo Rd
PD-17 32 Master Plan of Development
CUP 2004-0126/ZCH 2004-0078 / ZCH 2015-0179
Timing
BL: Business License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary
Occupancy
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
the responsibility of the Home Owners Association.
All streets, sidewalks, roads, and sewer mains within the project.
All drainage facilities and detention basins.
All common landscaping areas, street trees, medians, parkway
planters, manufactured slopes outside private yards, and other
similar facilities.
All frontage landscaping and sidewalks along arterial
21. A deed restriction shall be required for Lot 1 preventing the site from
being altered in any manner that would degrade the significance of this
historic house. Any alterations to the Colony Home shall follow the
Secretary of the Interior standards for rehabilitation of historic
structures.
FM PS
Fire Marshal
22. Fire lanes shall be delineated to restrict parking as required by the
Fire Authority with red curb painting and signage, as directed by
the Fire Marshall and / or Public Works Director.
BP BS
23. The applicant shall provide two fire hydrants at a location approved
by the Fire Department prior to the issuance of subdivision
improvement plans.
Engineering Conditions:
PROJECT SPECIFIC CONDITIONS
Drainage:
24. Obtain approval by the City Engineer of the grading & drainage plan
and the storm drain design & facilities.
GP,BP CE
25. Submit calculations to support the design of any structures or pipes.
Closed conduits shall be designed to convey the 10-year flow with
gravity flow, the 25-year flow with head, and provide safe conveyance
for the 100 year overflow.
GP,BP CE
26. Provide for the detention of the 50 year developed storm runoff, while
metering out the 2 year undeveloped storm runoff.
GP,BP CE
27. Show the method of dispersal at all pipe outlets. Include specifications
for size & type.
GP,BP CE
28. Acquire drainage easements where needed. Drainage shall cross lot
lines only where a drainage easement has been provided.
GP,BP CE
79
Conditions of Approval /
Mitigation Monitoring Program
5310 Carrizo Rd
PD-17 32 Master Plan of Development
CUP 2004-0126/ZCH 2004-0078 / ZCH 2015-0179
Timing
BL: Business License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary
Occupancy
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
29. Concentrated drainage from off-site areas shall be conveyed across
the project site in drainage easements. Acquire drainage easements
where needed. Drainage shall cross lot lines only where a drainage
easement has been provided. If drainage easement can not be
obtained the storm water release must follow the exact historic path,
rate and velocity as prior to the subdivision.
GP,BP CE
Public Improvements and Maintenance:
30. The applicant must provide for the repair and maintenance of on-site
shared improvements. This includes roads, sidewalks, street trees,
streetlights, private sewer system, drainage facilities, recreation areas
and common landscaping. The two methods that may be used are:
a. Homeowners Association. This private organization would be
responsible for the maintenance, repair and replacement of the
facilities.
b. Assessment District and Landscape and Lighting District. Funds for
the maintenance, repair and replacement of the facilities would be
collected on the property tax bill and distributed to the City.
The City Engineer and City Attorney shall approve the final form prior
to recordation.
FM CE
31. All public improvements shall be constructed in conformance with the
City of Atascadero Engineering Department Standard Specifications
and Drawings or as directed by the City Engineer.
GP,BP CE
32. Frontage improvements on Carrizo Road shall be constructed
consistent with the Tentative Tract Map.
GP,BP CE
33. Prior to issuance of building permits, the applicant shall submit a
grading and drainage plan with a separate sheet(s) devoted to
sedimentation and erosion control, prepared by a registered civil
engineer for review and approval by the City Engineer.
GP,BP CE
SANITARY SEWER CONDITIONS
34. The Public Works Department shall approve all wastewater facilities
prior to construction. This includes pumps, force mains, cleanouts,
manholes and connections.
GP,BP WW
35. Applicant shall pay sewer extension (annexation) fees upon issuance
of building permit. Sewer Connection and Reimbursement fees shall be
payable upon actual connection of the building sewer to the public
sewer system.
GP,BP WW
36. Gravity mains and other sewer facilities within the subdivision shall be
privately owned and maintained.
GP,BP WW
80
Conditions of Approval /
Mitigation Monitoring Program
5310 Carrizo Rd
PD-17 32 Master Plan of Development
CUP 2004-0126/ZCH 2004-0078 / ZCH 2015-0179
Timing
BL: Business License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary
Occupancy
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
37. Gravity mains within the subdivision shall be eight (8) inches in
diameter.
GP,BP WW
STANDARD CONDITIONS
38. All public improvements shall be constructed in conformance with the
City of Atascadero Engineering Department Standard Specifications
and Drawings or as directed by the City Engineer.
GP,BP CE
39. In the event that the applicant is allowed to bond for the public
improvements required as a condition of this map, the applicant shall
enter into a Subdivision Improvement Agreement with the City Council.
FM CE
40. An engineer’s estimate of probable cost shall be submitted for review
and approval by the City Engineer to determine the amount of the
bond.
FM CE
41. The Subdivision Improvement Agreement shall record concurrently
with the Final Map. This agreement shall be updated and signed,
and accepted prior to the issuance of the subdivision
improvement plan.
FM CE
42. The applicant shall be responsible for the relocation and/or alteration of
existing utilities.
GP,BP CE
43. The applicant shall install all new utilities (water, gas, electric, cable TV
and telephone) underground. Utilities shall be extended to the property
line frontage of each lot or its public utility easement.
GP,BP CE
44. The applicant shall monument all property corners for construction
control and shall promptly replace them if disturbed.
FM CE
45. The applicant shall acquire title interest in any off-site land that may be
required to allow for the construction of the improvements. The
applicant shall bear all costs associated with the necessary
acquisitions. The applicant shall also gain concurrence from all
adjacent property owners whose ingress and egress is affected by
these improvements.
FM CE
46. Slope easements shall be provided as needed to accommodate cut of
fill slopes.
FM CE
47. Drainage easements shall be provided as needed to accommodate
both public and private drainage facilities.
FM CE
48. The final map shall be signed by the City Engineer prior to the map
being placed on the agenda for City Council acceptance.
FM CE
49. Prior to recording the tract map, the applicant shall submit a map
drawn in substantial conformance with the approved tentative map and
in compliance with all conditions set forth herein. The map shall be
submitted for review and approval by the City in accordance with the
FM CE
81
Conditions of Approval /
Mitigation Monitoring Program
5310 Carrizo Rd
PD-17 32 Master Plan of Development
CUP 2004-0126/ZCH 2004-0078 / ZCH 2015-0179
Timing
BL: Business License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary
Occupancy
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
Subdivision Map Act and the City's Subdivision Ordinance.
50. Prior to recording the tract map, the applicant shall set monuments at
all new property corners. A registered civil engineer or licensed land
surveyor shall indicate by certificate on the parcel map, that corners
have been set or shall be set by a date specific and that they will be
sufficient to enable the survey to be retraced.
FM CE
51. Prior to recording the tract map, the applicant shall pay all outstanding
plan check/inspection fees
52. Prior to recording the map, the applicant shall complete all
improvements required by these conditions of approval.
FM CE
53. Prior to recording the tract map, the applicant shall have the map
reviewed by all applicable public and private utility companies (cable,
telephone, gas, electric, Atascadero Mutual Water Company). The
applicant shall obtain a letter from each utility company indicating their
review of the map. The letter shall identify any new easements that
may be required by the utility company. A copy of the letter shall be
submitted to the City. New easements shall be shown on the map.
FM CE
54. Upon recording the final map, the applicant shall provide the City with a
black line clear Mylar (0.4 mil) copy and a blue line print of the recorded
map.
FM CE
55. Prior to the final inspection of any public improvements, the applicant
shall submit a written statement from a registered civil engineer that all
work has been completed and is in full compliance with the approved
plans.
FM CE
56. Prior to the final inspection, the applicant shall submit a written
certification from a registered civil engineer or land surveyor that all
survey monuments have been set as shown on the final map.
GP,BP CE
57. An encroachment permit shall be obtained prior to any work within City
rights of way.
GP,BP CE
58. Prior to the issuance of building permits the applicant shall submit a
grading and drainage plan prepared by a registered civil engineer for
review and approval by the City Engineer.
GP,BP CE
59. No new lots shall be created without access and utilities provided. New
lots may be phased as access and utilities are provided. No lot
excepting those consistent with the Master Plan of Development, shall
be below the minimum lot size for the underlying zone.
FM CE
Atascadero Mutual Water Company
82
Conditions of Approval /
Mitigation Monitoring Program
5310 Carrizo Rd
PD-17 32 Master Plan of Development
CUP 2004-0126/ZCH 2004-0078 / ZCH 2015-0179
Timing
BL: Business License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary
Occupancy
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
60. Before the issuance of building permits, the applicant shall submit
plans to AMWC for the water distribution facilities needed to serve
the project. AMWC shall review and approve the plans before
construction begins on the water system improvements. All water
distribution facilities shall be constructed in conformance with
AMWC Standards and Details and the California Waterworks
Standards (Code of Regulations Title 22, Division 4, Chapter 16).
All cross-connection devices shall conform to AWWA and California
Department of Health Services standards.
BP BS
61. Before the start of construction on the water system improvements,
the applicant shall pay all installation and connection fees required
by AMWC. Subject to the approval of AMWC, the applicant may
enter in to a “deferred connection” agreement.
BP BS
62. Before issuance of building permits, the applicant shall obtain a “Will
Serve” letter from AMWC for the newly created lots within the
subdivision.
BP BS
63. The water mains required to serve the project shall be laid out in a
grid or looped pattern and shall connect to the existing water mains
system in Carrizo (8” main) and to Tract 2577 (8” main) if possible.
BP BS
64. The applicant shall provide AMWC with easements for those water
facilities proposed for operation and maintenance by AMWC that are
constructed outside of publicly maintained right-of-ways. AMWC
shall review the form and content of the easements before
recordation.
GP AMWC
65. The applicant shall submit a hydraulic analysis with the first plan
check submittal of the water system improvements for the project.
The analysis should take into account the fire flows required by the
Uniform Fire Code and requirements of the California Waterworks
Standards. The applicant is responsible for designing and
constructing water system improvements that will provide water at
pressures and flows adequate for the domestic and fire protection
needs of the project.
GP FD
66. The applicant shall obtain a separate landscape-irrigation meter(s)
from AMWC for the common areas within the project.
GP AMWC
83
Conditions of Approval /
Mitigation Monitoring Program
5310 Carrizo Rd
PD-17 32 Master Plan of Development
CUP 2004-0126/ZCH 2004-0078 / ZCH 2015-0179
Timing
BL: Business License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary
Occupancy
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
67. Before construction of the water system improvements, AMWC shall
review and approve the irrigation plans for the common areas within
the project. The irrigation plan submittal shall include the following:
Landscape irrigation meter location and size.
Backflow prevention device type, location, and
manufacturer
Flow and precipitation rate for each circuit
Irrigation schedules including schedules for establishment
period and post establishment period
Total anticipated water application per circuit per month for
both schedules
Total landscape water application.
Use drip irrigation where ever possible
A check valve shall be installed on the lowest head in each
sprinkler circuit.
GP AMWC
2015 Project Amendments
68. The developer shall construct Pinon Ln in
accordance with City Standard No. 401 (Type B)
with the following modification:
Concrete curb & gutter shall be used in-lieu
of an AC dike.
GP,BP CE
69. The developer shall dedicate a public road right-of-
way, 40-feet wide, over the “alley” connecting
Pinon Ln to Carrizo. The developer shall improve
the new roadway in accordance with City Standard
No. 401 (Type A), with the following modifications:
Concrete curb & gutter shall be used in-lieu
of an AC dike.
Curb-curb width shall be 24 feet.
GP,BP CE
70. Public improvement plans shall be prepared by a
registered civil engineer and in accordance with
City Standards and Standard Specifications, to the
satisfaction and approval of the City Engineer.
GP,BP CE
71. The developer shall construct a gravity sewer
collection system in accordance with City
Engineering Standards and Standard Specification
and to the satisfaction of the City Engineer. The
system shall be designed as a public sewer system
and shall include a gravity sewer main extending to
the westerly subdivision boundary and terminated
in a sewer manhole. The sewer manhole shall
include a sewer main stub extending west of the
manhole at least 4 feet and capped at the
subdivision boundary for future extension towards
El Camino Real. The gravity sewer system shall
GP,BP CE
84
Conditions of Approval /
Mitigation Monitoring Program
5310 Carrizo Rd
PD-17 32 Master Plan of Development
CUP 2004-0126/ZCH 2004-0078 / ZCH 2015-0179
Timing
BL: Business License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary
Occupancy
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
extend a gravity sewer lateral to each lot within the
subdivision. Until such time that the sewer main is
extended and connected to the sewer system in El
Camino Real, the sewer main shall be owned and
maintained by the Home Owners’ Association
(HOA).
72. The developer shall construct a pressure sewer
collection system that will be privately owned and
maintained by the Home Owners’ Association
(HOA). The final design and configuration of th e
pressurized sewer system (including sewer ejector
pumps on each lot) is subject to review and
approval of the City Engineer. Final configuration
of a pumped sewer system must include the
following:
Ease and convenience of connecting each
lot served by the pumped system to the
gravity sewer collection system when
available in the future.
Abandonment of the entire pumped system
when a gravity system becomes available.
No cost or minimal costs to future
residences for the conversion to gravity
sewer.
Individual sewer ejector/grinder pumps on
each lot shall be located to allow
conversion to the gravity system with
minimal disruption or inconvenience to the
property owner.
The developer shall cause a
covenant/agreement to be executed and
recorded against each lot and said
document shall run with the land. The
document shall clearly state the future
requirements to connect to the gravity
sewer at the cost of the property owner or
the HOA, upon written notice from the City.
The covenant/agreement shall be approved
by the City Engineer and City Attorney prior
to recordation.
The HOA shall be responsible for the
abandonment of the private sewer system
within the street right-of-way and shall bear
all costs including repair and restoration of
the street.
The HOA budget and property maintenance
funding shall be sufficient to abandon the
pressure sewer system and repair the street
GP,BP CE
85
Conditions of Approval /
Mitigation Monitoring Program
5310 Carrizo Rd
PD-17 32 Master Plan of Development
CUP 2004-0126/ZCH 2004-0078 / ZCH 2015-0179
Timing
BL: Business License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary
Occupancy
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
within five years subsequent to the final
inspection and occupancy release of the
first house within the development.
73. Street trees shall be planted along each property
frontage. The number of trees shall equal one tree
per each 35 feet (or portion thereof) of street
frontage. Trees shall be planted within 10’ of the
R/W line. Trees planted within 10 feet of concrete
walkways or cubs shall have deep-root planter
barriers installed
GP,BP CE
74. Project entry at the intersection of Medio Land and
Carrizo Road shall consist of pavers and other
similar features consistent with surrounding
neighborhood (Oak Grove Phase I and Phase II),
and a pedestrian walkway identified in Attachment
B shall also include pavers in similar style and
fashion
BP PS
75. Annexation into the Community Facilities District
shall be completed prior to the 1st building Final.
BP PS
76. A deed notification shall be recorded prior to the
Final of the 1st building permit, notifying residents
that they are purchsasing a residences governed
by CC&Rs and / Home Owners Association and that
these rules may be modified or additional costs
may be associated with this residential unit in
addition to property tax assessments.
BP PS
77. The proposed Fire Hydrant location on Carrizo
shall be moved to the North/West corner of Carrizo
and Medio Ln.
BP FD
Mitigation Measures
Mitigation Measure 1.c.1: The following landscape mitigations shall apply:
Proposed fencing location and height shall comply with
Atascadero Municipal Code.
The project landscaping shall include residential front yards, street
facing side yards.
All proposed trees shall be shade trees of a minimum 15-gallon
size and double staked.
BP BS, PS, CE 1.c.1
Mitigation Measure 1.c.2: The proposed homes shall include the use of
earth-tone paint and roof colors designed to blend with the surrounding
residential environment and reduce the potential for reflected light and
glare.
BP BS, PS, CE 1.c.2
86
Conditions of Approval /
Mitigation Monitoring Program
5310 Carrizo Rd
PD-17 32 Master Plan of Development
CUP 2004-0126/ZCH 2004-0078 / ZCH 2015-0179
Timing
BL: Business License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary
Occupancy
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
Mitigation Measure 1.d.1: If exterior street lighting is proposed, it 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 14-feet in height, limit
intensity to 2.0 foot candles at ingress/egress, and otherwise 0.6 foot
candle minimum to 1.0 maximum within the private street. Fixtures shall be
shield cut-off type and compatible with neighborhood setting, subject to
staff approval.
In addition, individual exterior home-owner lighting shall be restricted
through CC&R’s and individual lot deed-restriction to prohibit high-intensity
lighting in excess of one-foot candle, limited in fixture height to not exceed
10 feet, and utilize full cut-off, “hooded” lighting fixtures to prevent offsite
light spillage and glare.
BP BS, PS, CE 1.d.1
Mitigation Measure 3.b.1: The project shall be conditioned to comply with
all applicable District regulations pertaining to the control of fugitive dust
(PM-10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air
Quality Handbook.
Section 6.3: Construction Equipment
Maintain all construction equipment in proper tune according to
manufacturer’s specifications.
Fuel all off-road and portable diesel powered equipment, including but
not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes,
generator sets, compressors, auxiliary power units, with ARB certified
motor vehicle diesel fuel (Non-taxed version suitable for use off-road).
Maximize to the extent feasible, the use of diesel construction
equipment meeting the ARB’s 1996 or newer certification standard for
off-road heavy-duty diesel engines.
Install diesel oxidation catalysts (DOC), catalyzed diesels particulate
filters (CDPF) or other District approved emission reduction retrofit
services (Required for projects grading more than 4.0 acres of
continuously worked area).
Section 6.4: Activity Management Techniques
Develop a comprehensive construction activity management plan
designed to minimize the amount of large construction equipment
operating during any given time period.
Schedule of construction truck trips during non-peak hours to reduce
peak hour emissions.
Limit the length of the construction workday period, if necessary.
Phase construction activities, if appropriate.
Section 6.5: Fugitive PM10
All of the following measures shall be included on grading, demo lition and
building plan notes:
A. Reduce the amount of the disturbed area 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.
BP, GP BS, PS, CE 3.b.1
87
Conditions of Approval /
Mitigation Monitoring Program
5310 Carrizo Rd
PD-17 32 Master Plan of Development
CUP 2004-0126/ZCH 2004-0078 / ZCH 2015-0179
Timing
BL: Business License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary
Occupancy
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
C. All dirt stockpile areas should be sprayed daily as needed.
D. Permanent dust control measures identified in the approved project
re-vegetation and landscape plans should be implemented as soon
as possible following completion of any soil disturbing activities.
E. Exposed ground areas that are planned to be reworked at dates
greater than one month after initial grading should be sown with a
fast-germinating native grass seed and watered until vegetation is
established.
F. All disturbed soil areas not subject to re-vegetation should be
stabilized using approved chemical soil binder, jute netting, or other
methods approved in advance by the APCD.
G. All roadways, driveways, sidewalks, etc, to be paved should be
complete as soon as possible. In addition, building pads should be
laid as soon as possible after grading unless seeding or soil binders
are used.
H. Vehicle speed for all construction vehicles shall not exceed 15 mph
on any unpaved surface at the construction site.
I. All trucks hauling dirt, sand, soil, or other loose materials are to be
covered or should maintain at least two feet of freeboard (minimum
vertical distance between top of load and top of trailer) in
accordance with CVC Section 23114.
J. Install wheel washers where vehicles enter and exit unpaved roads
onto streets, or was off trucks and equipment leaving the site.
K. Sweep streets at the end of each day if visible soil material is carried
onto adjacent paved roads. Water sweepers with reclaimed water
should be used where feasible.
L. The contractor or builder shall designate a person or persons to
monitor the dust control program and to order increased watering,
as necessary, to prevent transport of dust off site. The name and
telephone number of such persons shall be provided to the APCD
prior to land use clearance for map recordation and land use
clearance for finish grading of any structure.
Mitigation Measure 4.e.1: The building permit site plan shall identify all
protection and enhancement measures recommended by the Certified
Arborist in the Tree Protection Plan. Tree protection fencing shall be
installed at the locations called out in the Tree Protection Plan.
BP PS, BS, CE 4.e.1
Mitigation Measure 4.e.2: The developer shall contract with a certified
arborist during all phases of project implementation. The certified arborists
shall be responsible for monitoring the project during all phases of
construction through project completion, as follows:
(a) A written agreement between the arborist and the developer outlining
a arborist monitoring schedule for each construction phase through
final inspection shall be submitted to and approved by planning staff
prior to the issuance of building/grading permits.
(b) Arborist shall schedule a pre-construction meeting with engineering
/planning staff, grading equipment operators, project superintendent 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 during the
meeting. Tree protection fencing shall be installed at the line of
encroachment into the tree’s root zone area.
BP PS, BS, CE 4.e.2
88
Conditions of Approval /
Mitigation Monitoring Program
5310 Carrizo Rd
PD-17 32 Master Plan of Development
CUP 2004-0126/ZCH 2004-0078 / ZCH 2015-0179
Timing
BL: Business License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary
Occupancy
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
(c) As specified by the arborist report and City staff:
Fencing: Must be a minimum of 4’ high, chain link, snow or
safety fence staked at the drip-line or line of encroachment for
each tree or group of trees. Tree fencing shall be erected before
demolition, grading, or construction begins. The owner shall be
responsible for maintaining an erect fence throughout the
construction period. The arborist(s) shall inspect the fence
placement once it is erected. This is mandatory for this project.
Soil Aeration Methods: Soils under drip-lines that have been
compacted by heavy equipment and/or construction activities
must be returned to their original state before all work is
completed. Methods include water jetting, adding organic matter,
and boring small holes with an auger (18” deep, 2-3’ apart with a
2-4” auger) and the application of moderate amounts of nitrogen
fertilizer. The arborist shall advise.
Chip Mulch: All areas within the drip-line of the trees that cannot
be fenced shall receive a 4-6” layer of chip mulch to retain
moisture, soil structure and reduce the effects of soil compaction.
Trenching within the Drip-line: All trenching under drip-lines of
native trees shall be hand dug, augured, or bored. All major roots
shall be avoided whenever possible. All exposed roots larger than
1” in diameter shall be clean cut with a sharp pruning tool and not
left ragged.
Grading within drip-line: Grading should not encroach within the
drip-line. If grading is necessary, construction of retaining walls
or tree wells or other protection measures may be necessary to
insure the survivability of the trees. Chip mulch 4 -6” in depth may
also be required in these areas. Grading should not disrupt the
normal drainage pattern around the trees. Fills should not crea te a
ponding condition and excavations should not leave the tree on a
rapidly draining mound. Grading shall be done by hand
underneath the drip-lines to avoid tearing any roots.
Exposed Roots: Any exposed roots shall be recovered the same
day they were exposed. If they cannot, they must be covered with
burlap or another suitable material and wetted down 2X per day.
Paving within the Drip-line: Pervious surfacing is preferred within
the dripline of any oak trees. Arborist(s) will advise.
Equipment Operation: Vehicles and all heavy equipment shall not
be driven under the trees, as this will contribute to soil
compaction.
Existing Surfaces: The existing ground surface within the drip-line
of all oak trees shall not be cut, filled, compacted, or pared.
Construction materials and waste: No liquid or solid construction
waste shall be dumped on the ground within the drip-line of any
oak tree.
Arborist Monitoring: An arborist shall be present for selected
activities (trees identified on spreadsheet – See attachment 5) and
pre-construction fence placement. The monitoring does not
necessarily have to be continuous but observational at times
during the above activities.
Pre-Construction Meeting: An on-site pre-construction meeting
with the Arborist, owner, planning staff, and the earth moving
team shall be required for this project. Prior to final occupancy, a
89
Conditions of Approval /
Mitigation Monitoring Program
5310 Carrizo Rd
PD-17 32 Master Plan of Development
CUP 2004-0126/ZCH 2004-0078 / ZCH 2015-0179
Timing
BL: Business License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary
Occupancy
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
letter from the arborist shall be required verifying the
health/condition of all impacted trees and providing any
recommendations for any additional mitigation. The letter shall
verify that the arborist was on site for all grading and/or trenching
activity that encroached into the drip-line of the selected native
trees, and that all work done in these areas was completed to the
standards set forth above.
(d). Upon project completion and prior to final occupancy a final status
report shall be prepared by the project arborist certifying that the tree
protection plan was implemented, the trees designated for protection were
protected during construction, and the construction-related tree protection
measures are no longer required for tree protection.
Mitigation Measure 5.a.1: Replacement of any exterior materials or design
features on the original colony house shall be consistent with the Secretary
of the Interior's Standards and Illustrated Guidelines for Rehabilitating
Historic Buildings. This shall include the replacements of any doors and
windows with solid wood framing of similar design and appearance. Vinyl,
vinyl-cladding, and metal materials are not permitted.
BP PS, BS 5.a.1
Mitigation Measure 5.a.2: The proposed project shall include Covenants,
Conditions and Restrictions (CC&R’s) or equivalent mechanism that
incorporate the planned development conditions of approval to ensure that
the site retains the historic qualities (historic buildings, architecture, colors,
materials, fencing, and landscaping) over time.
BP PS, BS 5.a.2
Mitigation Measure 5.a.3: The new attached garage shall be constructed
on the colony house lot shall be of similar design as the existing original
wood sided house. The garage shall incorporate a pair of single or double -
hung wood windows on each side and wood door design. A wood door
may be added to any side. The garage door shall be constructed of wood
and have an architectural appearance similar to the colony home
architectural style. The garage door may be of roll -up function.
BP PS, BS 5.a.3
Mitigation Measure 5.b.1: Should any cultural resources be unearthed
during site development work, the provisions of CEQA -Section 15064.5,
will be followed to reduce impacts to a non-significant level.
BP PS, BS 5.b.1
Mitigation Measure 6.b.1: The 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.
GP PS, BS, CE 6.b.1
Mitigation Measure 6.c.1: A soils report shall be required to be submitted
with a future building permit by the building department.
BP, GP PS, BS, CE 6.c.1
90
Conditions of Approval /
Mitigation Monitoring Program
5310 Carrizo Rd
PD-17 32 Master Plan of Development
CUP 2004-0126/ZCH 2004-0078 / ZCH 2015-0179
Timing
BL: Business License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary
Occupancy
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
Mitigation Measure 8e.f.1: A Stormwater Pollution Prevention Plan
(SWPPP)/Erosion Control Plan shall be submitted and approved by the
City Engineer prior to the issuance of the building permit. The plan shall
include storm water measures for the operation and maintenance of the
project for the review and approval of the City Engineer. The Building
Permit application plans shall identify Best Management Practices (BMPs)
appropriate to the uses conducted on site that effectively prohibit the ent ry
of pollutants into storm water runoff.
GP PS, BS, CE 8.e.f.1
Mitigation Measure 8.e.f.2: The developer is responsible for ensuring that
all contractors are aware of all storm water quality measures and that such
measures are implemented. Failure to comply with the approved
construction Best Management Practices will result in the issuance of
correction notices, citations, or stop orders.
GP PS, BS, CE 8.e.f.2
Mitigation Measure 11.d.1: All construction activities shall comply with the
City of Atascadero Noise Ordinance for hours of operation, and as follows:
Construction activities shall be limited to the following hours of operation:
7 a.m. to 7 p.m. Monday through Friday
9 a.m. to 6 p.m. Saturday
No construction on Sunday
Further, particularly loud noises shall not occur before 8 a.m. on weekdays
and not at all on weekends.
The hours of construction may be modified by the Community
Development Director upon a determination that unusually loud
construction activities are having a significant impact on the neighbors.
Failure to comply with the above-described hours of operation may result in
withholding of inspections and possible construction prohibitions, subject to
the review and approval of the Community Development Director.
A sign shall be posted on-site with the hours of operation and a telephone
number of the person to be contacted in the event of any violations. The
details of such a sign shall be approved by staff during the Grading
Plan/Building Permit review process.
BP, GP PS, BS, CE 11.d.1
91
EXHIBIT B: Master Plan of Development
92
EXHIBIT B: Master Plan of Development Revised
Crosswalk to
include pavers
Entry to include
pavers
93
EXHIBIT C: Statistical Summary of Project
Proposed Project Summary
94
EXHIBIT C: Statistical Summary of Project – Revised
95
EXHIBIT D: Landscape Plan
96
EXHIBIT D: Landscape Plan - Revised
97
EXHIBIT E: Tree Protection Plan
Tree to be
Removed
98
EXHIBIT F: Grading and Drainage Plan
99
ITEM NUMBER: ITEM NUMBER:
DATE: 1/11/05
EXHIBIT F: Grading and Drainage Plan – Revised
100
EXHIBIT G: Elevations, Floor Plans, Color and Materials (Plan A)
101
EXHIBIT G: Elevations, Floor Plans, Color and Materials (Plan A)
102
EXHIBIT G: Elevations, Floor Plans, Color and Materials (Plan B)
103
EXHIBIT G: Elevations, Floor Plans, Color and Materials (Plan B)
104
EXHIBIT G: Elevations, Floor Plans, Color and Materials (Plan C)
Note: 2-car garage required
105
EXHIBIT G: Elevations, Floor Plans, Color and Materials (Plan C)
106
EXHIBIT G: Elevations, Floor Plans, Color and Materials (Plan D)
107
EXHIBIT G: Elevations, Floor Plans, Color and Materials (Plan D)
108
EXHIBIT G: Elevations, Floor Plans, Color and Materials (Plan E)
109
EXHIBIT G: Elevations, Floor Plans, Color and Materials (Plan E)
110
EXHIBIT G: Elevations, Floor Plans, Color and Materials (Plan F)
111
EXHIBIT G: Elevations, Floor Plans, Color and Materials (Plan F)
112
EXHIBIT G: Elevations, Floor Plans, Color and Materials – REVISED
113
EXHIBIT G: Elevations, Floor Plans, Color and Materials – REVISED
114
EXHIBIT G: Elevations, Floor Plans, Color and Materials – REVISED
115
EXHIBIT G: Elevations, Floor Plans, Color and Materials – REVISED
116
EXHIBIT G: Elevations, Floor Plans, Color and Materials – REVISED
117
EXHIBIT G: Elevations, Floor Plans, Color and Materials – REVISED
Lot 2
Lot 3
118
EXHIBIT G: Elevations, Floor Plans, Color and Materials – REVISED
Lot 4
Lot 5
119
EXHIBIT G: Elevations, Floor Plans, Color and Materials – REVISED
Lot 6
Lot 7
120
EXHIBIT G: Elevations, Floor Plans, Color and Materials – REVISED
Lot 8
Lot 9
121
EXHIBIT G: Elevations, Floor Plans, Color and Materials – REVISED
Lot 10
Lot 11
122
EXHIBIT G: Elevations, Floor Plans, Color and Materials – REVISED
Lot 12
123
EXHIBIT H: Utility Plan
124
EXHIBIT H: Utility Plan – Revised Utility Plan
125
EXHIBIT H: Utility Plan – Revised Utility Plan
126
ATTACHMENT 9: Draft PC Resolution 2015-C – Lot Line Adjustment 2015-0120
ZCH 2004-0078/CUP 2004-0126 / LLA 2015-0120
Proposed Lot Line Adjustment
DRAFT PC RESOLUTION 2015-C
RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING
THAT THE CITY COUNCIL APPROVE LOT LINE ADJUSTMENT 2015-
0120 ON APN 049-105-002 through 005
5310 Carrizo Road
(5310 Carrizo Rd. / 5310 Carrizo, LLC / Eddings)
WHEREAS, an application has been received from 5310 Carrizo, LLC (125 South
Bowling Green Way, Los Angeles, CA 90049), Applicant, and Property Owner, to consider a
project consisting of a zone change from RSF-X (Residential Single-Family) to RSF-X / PD-32
(Residential Single-Family with Planned Development Overlay #32) project consisting of a CUP
(Conditional Use Permit) Amendment to amend the Master Plan of Development over the
project site of existing residential lots at 5310 Carrizo Road (APN 049-105-001 through 012) and
a Lot Line Adjustment (LLA 2015-120) to ensure consistency with an amended Master Plan of
Development; and,
WHEREAS, the site’s General Plan Designation is SFR-X (Single-Family Residential -
X); and,
WHEREAS, the Planning Commission has recommended that the site’s zoning district
be changed from RSF-X /PD-17 / HS to RSF-X/PD-32/HS; and,
WHEREAS, the PD-32 overlay district requires a Master Plan of Development to be
approved in the form of a Conditional Use Permit; and,
WHEREAS, the City Council approved the original Master Plan of Development (CUP
2004-0078) for the site on January 10, 2005; and,
WHEREAS, the proposed Conditional Use Permit Amendment is in substantial
conformance with Certified Mitigated Negative Declaration 2004-0030 prepared for the original
project and made available for public review in accordance with the requirements of the
California Environmental Quality Act (CEQA); and,
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA) have been adhered to; and,
WHEREAS, consistent with PD-32 and the Master Plan of Development, all lots shall be
consistent with the approved site plan; and,
127
WHEREAS, consistent with California Subdivision Map Act, a lot line adjustment may
be approved and processed where four (4) legal lots of record and under may be adjusted through
issuance of a final map or certificate of compliance; and,
WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed
Public Hearing held on December 15, 2015, studied and considered Lot Lone Adjustment 2015-
0120, after first studying and considering Certified Mitigated Negative Declaration 2005-0165
and,
NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the
following actions:
SECTION 1. Findings for Lot Line Adjustment. The Planning Commission
recommends the City Council of the City of Atascadero finds as follows:
1. The proposed lots for adjustment are legal lots of record; and
The proposed lot line adjustment adjusts lots 2 through 5 of tract 2625 recorded in
Recorded Maps, Book 31, pages 23 through 25 in San Luis Obispo County, California.
2. The Lot Line Adjustment, as conditioned, is consistent with current building and
zoning standards; and
The proposed lot line adjustment will provide for consistency with approved Master Plan
of Development Amendments 2004-0128 and Planned Development Overlay Zone No.
32.
3. The Lot Line Adjustment is consistent with the General Plan and the Atascadero
Municipal Code; and
The proposed lot line adjustment ensures that lots are consistent with the City’s General
Plan which allows for up to four (4) units to the acre in the Single Family Residential X
land use designation. In addition, the proposed lot line adjustment ensures consistency
with the underlining zoning district and all pertinent municipal code sections.
4. The Lot Line Adjustment will not result in a greater number of lots than existing.
The proposed lot line adjustment will not result in a greater number of lots existing.
Currently there are four (4) lots of legal record. After recordation of the proposed lot line
adjustment, there will remain four (4) legal lots of record.
SECTION 2. Recommendation for Approval. The Planning Commission of the City
of Atascadero, in a regular session assembled on December 15, 2015, recommends to the City
Council of the City of Atascadero approval of Lot Line Adjustment 205-0120 subject to the
following:
1. Exhibit A: ATAL 14-0101
2. Exhibit B: Conditions of Approval
128
BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by
the Planning Commission Secretary to the City Council of the City of Atascadero.
On motion by Commissioner_________, and seconded by Commissioner ____, the foregoing
resolution is hereby adopted in its entirety by the following roll call vote:
AYES: ( )
NOES: ( )
ABSTAIN: ( )
ABSENT: ( )
ADOPTED:
CITY OF ATASCADERO, CA
______________________________
Mark Dariz
Planning Commission Chairperson
Attest:
______________________________
Phil Dunsmore, AICP
Planning Commission Secretary
129
130
Exhibit A: ATAL 15-101
131
EXHIBIT B: Conditions of Approval
Lot Lone Adjustment 2015-0120 / CUP 2004-0126 – 5310 Carrizo Road
Conditions of Approval /
Mitigation Monitoring Program
5310 Carrizo Rd
PD-17 32 Master Plan of Development
CUP 2004-0126/ZCH 2004-0078 / ZCH 2015-0179 / LLA 2015-
0120
Timing
BL: Business License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary
Occupancy
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
Planning Services / Engineering Services
1. All building setbacks shall be consistent with Master Plan of
Development (CUP 2004-0128).
FM PS
2. The LLA as generally shown on Attachment A, provided herein shall be
submitted as a Final Parcel Map (to be accepted by the Planning
Commission), or in a record of survey with Certificates of Compliance,
or deeds to be approved by the Community Development Department
and City Engineer prior to recordation. If the LLA is to be recorded
through the use of deeds, the deeds shall be submitted in the City’s
Certificate of Compliance standard format for review and approval prior
to recordation.
FM PS
3. Approval of this LLA shall expire two years from the date of approval
unless a time extension has been granted consistent with Title 9 of the
Atascadero Municipal Code.
FM / COC PS
4. The applicant shall show the ATAL number issued by the County of
San Luis Obispo, plot all plottable easements with recording
information, list all unplottable easements, and show the legal
description for the properties being adjusted.
FM / COC CE
5. If a record of survey is submitted, a mylar copy of the survey shall be
submitted to the Community Development Department for approval
prior to recordation.
FM / COC CE
6. Prior to recordation of the Final Map or Certificates of Compliance to
final a LLA, all applicants shall submit a tax bond certificate, obtained
from the San Luis Obispo County Tax Assessor's Office, showing that
there are no liens against the property for unpaid state, county,
municipal or local taxes or special assessments, except taxes or
special assessments not yet payable.
FM / COC CE
132
ATTACHMENT 10: Draft PC Resolution 2015-C – Lot Line Adjustment 2015-0120
ZCH 2004-0078/CUP 2004-0126 / TRP 2015-0193
Proposed Tree Removal Permit
DRAFT PC RESOLUTION 2015-D
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ATASCADERO APPROVING TRP 2015-0193, TO ALLOW THE
REMOVAL OF ONE (1) COAST LIVE OAK TREE WITH A DIAMETER
OF 32-INCHES
(5310 Carrizo Rd. / 5310 Carrizo, LLC / Eddings)
WHEREAS, an application has been received from 5310 Carrizo, LLC (125 South
Bowling Green Way, Los Angeles, CA 90049), Applicant, and Property Owner, to consider a
project consisting of a zone change from RSF-X (Residential Single-Family) to RSF-X / PD-32
(Residential Single-Family with Planned Development Overlay #32) project consisting of a CUP
(Conditional Use Permit) Amendment to amend the Master Plan of Development over the
project site of existing residential lots at 5310 Carrizo Road (APN 049-105-001 through 012),
Lot Line Adjustment 2015-0120 that adjusts four (4) legal lots of record, and removal of one (1)
32-inch Coast Live Oak; and,
WHEREAS, the site’s General Plan Designation is SFR-X (Single-Family Residential -
X); and,
WHEREAS, the Planning Commission has recommended that the site’s zoning district
be changed from RSF-X /PD-17 / HS to RSF-X/PD-32/HS; and,
WHEREAS, the PD-32 overlay district requires a Master Plan of Development to be
approved in the form of a Conditional Use Permit; and
WHEREAS, the City Council approved the original Master Plan of Development (CUP
2004-0078) for the site on January 10, 2005; and,
WHEREAS, the proposed Conditional Use Permit Amendment is in substantial
conformance with Certified Mitigated Negative Declaration 2004-0030 prepared for the original
project and made available for public review in accordance with the requirements of the
California Environmental Quality Act (CEQA); and,
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA) have been adhered to; and,
133
WHEREAS, the Planning Commission reviewed the proposed Tree Removal Permit
application on December 15, 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 recommendation for tree removal. The Planning
Commission recommends the City Council finds as follows, consistent with the Atascadero
Municipal Code section 9-11.105(d)(2):
1. The tree is dead, diseased or injured beyond reclamation, as certified by a tree
condition report from an arborist;
Not applicable
2. The tree is crowded by other healthier native trees; thinning (removal) would
promote healthier growth in the trees to remain, as certified by a tree condition
report from an arborist;
Not applicable
3. The tree is interfering with existing utilities and/or structures, as certified by a
report from the site planner;
The proposed 32-inch Coast live Oak is located within the right-of-way of the proposed
“Medio Lane”. This is a needed connection for neighborhood connectivity and driveway
access to three (3) lots. Proposed improvements cannot be accommodated without
removing the tree.
4. The tree is inhibiting sunlight needed for existing and/or proposed active or passive
solar heating or cooling, as certified by a report from the site planner;
Not applicable
5. 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 considered all practical design alternatives and the applicant consulted with
City Staff early on in the amendment process. The proposed tree to be removed,
would ultimately need to be removed even if the originally approved project were
to move forward. Therefore, the proposed improvements cannot be reasonably
134
designed to avoid tree removal, as indicated in the arborist report that is included
in the project file and Staff Report.
SECTION 2. Recommendation for Approval. The Planning Commission of the City of
Atascadero, in a regular session assembled on December 15, 2015, resolved to recommend to the
City Council of the City of Atascadero to approve Tree Removal Permit 2015-0193, subject to
the following:
EXHIBIT A: Conditions of Approval
EXHIBIT B: Tree Mitigation Worksheet
135
On motion by Commissioner Schmidt and seconded by Commissioner Bentz, the
foregoing resolution is hereby adopted in its entirety by the following roll call vote:
AYES: ()
NOES: ()
ABSTAIN: ()
ABSENT: ()
ADOPTED:
CITY OF ATASCADERO, CA
_________________________________________
Mark Dariz
Planning Commission Chairperson
ATTEST:
___________________________________
Phil Dunsmore, AICP
Planning Commission Secretary
136
EXHIBIT A: Conditions of Approval
PLN 2015-1560 / TRP 2015-0187
Conditions of Approval
PLN 2099-0829 /CUP 2004-0126 / ZCH 2004-0078 / ZCH 2015-0119 TRP
2015-0187
5310 Carrizo Road Subdivision Amendment
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 as shown in Exhibit B. At
least one native tree must be replanted onsite. The applicant may choose
one of the following options for the remain mitigation:
- Replant an additional five (5) 5-gallon native trees on-site;
- Equivalent 15-gallon box planting;
- Make a payment of $266.67 to the Atascadero Tree Replacement
Fund; or
- Some approved combination of replanting and fund payment.
Tree removal PS
4. The applicant shall provide drip irrigation to tree replanting sites until trees
are established.
Tree
replanting
PS
5. Before the tree is removed, the owner or applicant shall:
- Provide a tree replanting plan, made in consultation with a
certified arborist, showing proposed species and location of
replanting, and irrigation to be approved by City staff; and/or,
- Make appropriate payment to the Tree Replacement Fund.
Tree removal PS
137
EXHIBIT B: Native Tree Mitigation Worksheet
PLN 2099-0829 / TRP 2015-0192
5310 Carrizo Road Subdivision Amendment
Evergreen Native Trees (inches)Deciduous Native Trees (inches)Totals
dbh notes dbh notes
1 32-inches Coast Llive Oak
Total 32-inches Total 0-inches 32-inches
Mitigation Requirement
req'd tree replacements:5 five gal trees req'd tree replacements:0 five gal trees 5 five gal trees
Proposed Replanting 0 five gal trees Proposed Replanting 0 five gal trees 0 five gal trees
0 box trees (24'')0 box trees (24'')0 box trees (24'')
Remaining Mitigation 5 five gal trees Remaining Mitigation 0 five gal trees 5 five gal trees
Tree Fund Payment:266.67$ Tree Fund Payment:-$ 266.67$
Bond payment for tree #31, impacted 45% :
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ITEM NUMBER: 4
DATE: 12-15-15
Atascadero Planning Commission
Staff Report – Community Development Department
Phil Dunsmore, Community Development Director, pdunsmore@atascadero.org
Consideration of Ordinance No. ______ Repealing Chapter 5-13 Regarding
Medical Marijuana Facilities and Adding Section 9-6.186 To Title 9 Of The
Atascadero Municipal Code Prohibiting Marijuana Cultivation Facilities,
Marijuana Dispensaries, Commercial Cannabis Activities, and Medical
Marijuana Deliveries
RECOMMENDATION:
Staff recommends the Planning Commission:
Recommend that the City Council adopt an ordinance repealing Municipal Code 5-13
regarding Medical Marijuana Facilities and adding Section 9-6.186 to Title 9 of the
Municipal Code prohibiting marijuana cultivation facilities, marijuana dispens aries,
commercial cannabis activities and medical marijuana deliveries.
DISCUSSION:
Background
Atascadero currently prohibits medical marijuana facilities, which are defined as fixed or
mobile facilities where medical marijuana is made available to one or more primary
caregivers, qualified patients, or people with an identification card, as those terms are
defined in state law. (Mun. Code § 5-13.103.) Atascadero also prohibits the delivery of
medical marijuana to any person within the City limits, except for the delivery of medical
marijuana by a primary caregiver to a qualified patient. (Mun. Code § 5 -13.103.) The
validity of these prohibitions is beyond dispute. The California Supreme Court ruled
unanimously in City of Riverside v. Inland Empire Patients Health and Wellness Center,
Inc. (2013) 56 Cal.4th 729, that the Compassionate Use Act (Proposition 215) (“CUA”)
and the Medical Marijuana Program Act of 2004 (“MMPA”) do not preempt local
ordinances that completely and permanently ban medical marijuana facilities.
Analysis
On September 11, 2015, the California Legislature passed three bills that create a
broad state regulatory and licensing system governing the cultivation, testing, and
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distribution of medical marijuana, the manufacturing of marijuana products, and
physician recommendations for medical marijuana. Governor Brown signed the three
bills, Assembly Bills 243 and 266 and Senate Bill 643, on October 9, 2015. The new
legislation preserves local control over marijuana facilities and land uses , including the
authority to prohibit dispensaries and other medical marijuana businesses completely.
There is however, a provision in the new legislation that requires immediate
consideration by Atascadero. Business and Professions Code section 11362.7 77(c)(4),
enacted as part of AB 243, provides that if a city or county does not have a land use
ordinance or regulation that either regulates or prohibits medical marijuana cultivation,
either expressly or otherwise under principles of permissive zoning (any use not listed is
deemed prohibited), or chooses not to implement a regulatory scheme by March 1,
2016, the state shall become the sole licensing authority for cultivation in that
jurisdiction. In that situation, a marijuana cultivation site may not be subject to local
enforcement.
Conclusion
The City does not have express regulations regarding marijuana cultivation, but
consistently has taken the position that the Zoning Code prohibits all medical marijuana
businesses, either expressly under Chapter 5-13 or under permissive zoning principles.
The proposed ordinance will continue that policy and consolidate all potential marijuana
businesses in express terms as part of the City’s land use regulations (Title 9), thus
eliminating any potential argument under AB 243, however meritless, that the City does
not have a land use ordinance regulating marijuana cultivation. This approach will also
avoid having multiple references in the Municipal Code to marijuana.
The proposed ordinance would expressly prohibit medical marijuana cultivation facilities
throughout all zones of the City. The proposed definition of medical marijuana
cultivation facilities includes cultivation by individuals at their private residences. The
Court of Appeal in Maral v. City of Live Oak (2012) 221 Cal.App.4th 975, upheld an
identical complete ban on cultivation activities. The City, of course, has discretion to
create exceptions to the definition as deemed appropriate.
FISCAL IMPACT:
The proposed ordinance represents a continuation of existing enforcement policies
regarding medical marijuana facilities, so there would be no change in the fiscal impact
for the City.
ALTERNATIVES:
1. Continue the item with specific direction for staff to return with additional information
or alternative solutions. If this alternative is chosen, a date specific should be
determined because the City Council must take action on this item in time for the
Ordinance to be adopted by March 1, 2016. The Council is currently scheduled to take
action on this item at their regular January 12th hearing.
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2. Take no action.
3. Recommend the Council consider an ordinance that provides for alternative provisions
such as allowing deliveries or personal cultivation. This alternative is not recommended
because the City does not have sufficient staffing and oversight to regulate individual or
personal cultivation activities and such activities tend to exceed the intended limitations and
may lead to substantial neighborhood nuisances.
ATTACHMENTS:
Attachment 1: Draft Resolution A
141
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RESOLUTION PC 2015-A_____
RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ATASCADERO RECOMMENDING THAT THE CITY COUNCIL APPROVE
ORDINANCE NO. 2015-_______ REPEALING CHAPTER 5-13 REGARDING
MEDICAL MARIJUANA FACILITIES AND ADDING SECTION 9-6.186 TO TITLE 9
OF THE ATASCADERO MUNICIPAL CODE PROHIBITING MARIJUANA
CULTIVATION FACILITIES, MEDICAL MARIJUANA DISPENSARIES,
COMMERCIAL CANNABIS ACTIVITIES, AND MEDICAL MARIJUANA
DELIVERIES
WHEREAS, pursuant to Government Code sections 65854 and 65855, the Planning
Commission has the authority to review and make recommendations to the City Council
regarding amendments to the City’s zoning ordinances; and,
WHEREAS, on December 4, 2015, the City gave public notice by publishing notice in
the Atascadero News of the holding of a public hearing at which the amendment to the City’s
zoning ordinances would be considered; and
WHEREAS, on December 15, 2015, the Planning Commission held a noticed public
hearing at which interested persons had an opportunit y to testify in support of, or in opposition
to, the proposed amendment to the City’s zoning ordinance and at which time the Planning
Commission considered the proposed amendment to the City’s zoning ordinance; and
WHEREAS, the City has analyzed this proposed zoning amendment and determined
that it is not a project within the meaning of section 15378 of the California Environmental
Quality Act (“CEQA”) Guidelines because it has no potential for resulting in physical change in
the environment, either directly or ultimately; and
WHEREAS, in the event that this proposed amendment is found to be a project under
CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3)
because it can be seen with certainty to have no possibility of a significant effect on the
environment
WHEREAS, attached as Exhibit A is the proposed Ordinance No. 2015-___.
NOW, THEREFORE, the Planning Commission of the City of Atascadero does hereby
resolve:
SECTION 1: ENVIRONMENTAL FINDINGS. The Planning Commission, in light
of the whole record before it, including but not limited to, the direction of the Planning
Commission at its meeting on December 15, 2015 and documents incorporated therein by
reference, and any other evidence (within the meaning of Public Resources Code Sections
21080(e) and 21082.2) within the record or provided at the public hearing of this matter, hereby
finds and determines as follows:
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1. CEQA: The proposed Ordinance is not a project within the meaning of section
15378 of the California Environmental Quality Act (“CEQA”) Guidelines because it has no
potential for resulting in physical change in the environment, either directly or ultimately. In the
event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA
exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with
certainty to have no possibility of a significant effect on the environment.
SECTION 2: ZONING ORDINANCE AMENDMENT FINDINGS:
1. The proposed Ordinance conforms with the latest adopted general plan for the City in
that a prohibition against marijuana cultivation facilities, medical marijuana dispensaries,
commercial cannabis activities, and medical marijuana delivery services does not conflict with
any allowable uses in the land use element and does not conflict with any policies or programs in
any other element of the general plan.
2. The proposed Ordinance will protect the public health, safety, and welfare in that
prohibiting medical marijuana cultivation facilities, medical marijuana dispensaries, commercial
cannabis activities, and medical marijuana delivery services will protect the City from the
adverse impacts and negative secondary effects connected with these activities.
SECTION 3: APPROVAL. The Planning Commission approves Resolution No. 2015-
__ recommending that the City Council adopt the proposed Ordinance which is attached hereto
and incorporated herein by reference as Exhibit A.
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On motion by Commissioner ___________, and seconded by Commissioner
____________, the foregoing Resolution is hereby adopted in its entirety by the following roll
call vote:
AYES: ( )
NOES: ( )
ABSTAIN: ( )
ABSENT: ( )
ADOPTED: ( )
CITY OF ATASCADERO, CA
Mark Dariz
Planning Commission Chairperson
Attest:
Phil Dunsmore
Planning Commission Secretary
145
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Exhibit A: Draft Ordinance A
147
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DRAFT ORDINANCE A
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF ATASCADERO, CALIFORNIA REPEALING
CHAPTER 5-13 REGARDING MEDICAL MARIJUANA
FACILITIES AND ADDING SECTION 9-6.186 TO TITLE
9 OF THE ATASCADERO MUNICIPAL CODE
PROHIBITING MARIJUANA CULTIVATION
FACILITIES, MARIJUANA DISPENSARIES,
COMMERCIAL CANNABIS ACTIVITIES, AND
MEDICAL MARIJUANA DELIVERIES
WHEREAS, Atascadero Municipal Code Chapter 5-13 addresses medical marijuana facilities
and deliveries in the city; and,
WHEREAS, Municipal Code section 5-13.103 prohibits medical marijuana facilities in all
zoning districts and prohibits the delivery of medical marijuana to any person within the City
limits, except for the delivery of medical marijuana by a primary caregiver to a qualified patient;
and
WHEREAS, the California Supreme Court ruled unanimously in City of Riverside v. Inland
Empire Patients Health and Wellness Center, Inc. (2013) 56 Cal.4th 729, that the
Compassionate Use Act (Proposition 215) (“CUA”) and the Medical Marijuana Program Act of
2004 (“MMPA”), do not preempt local ordinances that completely and permanently ban medical
marijuana facilities; and,
WHEREAS, in Maral v. City of Live Oak (2013) 221 Cal.App.4th 975, the Third District Court
of Appeal held, based on Inland Empire, that there was no right to cultivate medical marijuana
and that a city could implement and enforce a complete ban on this activity; and,
WHEREAS, on September 11, 2015, the California Legislature passed Assembly Bills 243 and
266 and Senate Bill 643, which together create a broad state regulatory and licensing system
governing the cultivation, testing, and distribution of medical marijuana, the manufacturing of
marijuana products, and physician recommendations for medical marijuana, including the
Medical Marijuana Regulation and Safety Act at Business and Professions Code sections 19300
through 19360; and,
WHEREAS, Governor Brown signed each bill on October 9, 2015; and,
WHEREAS, while the new legislation expressly preserves local control over medical marijuana
facilities and land uses, including the authority to prohibit medical marijuana businesses
completely, newly-enacted Business and Professions Code section 11362.777(c)(4) if a city does
not have a land use regulation or ordinance either regulating or prohibiting marijuana cultivation,
either expressly or otherwise under the principles of permissive zoning, by March 1, 2016, the
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State will be sole licensing authority for the commercial cultivation of medical marijuana in that
jurisdiction; and,
WHEREAS, while the Municipal Code does not have express provisions regarding
establishments that cultivate medical marijuana, such land uses are prohibited under principles
of permissive zoning because they are not enumerated in the zoning code as either permitted or
conditionally permitted land uses (see City of Corona v. Naulls (2008) 166 Cal.App.4th 418,
431-433); and,
WHEREAS, many California cities have experienced numerous adverse impacts and secondary
effects from medical marijuana establishments that have operated illegally, including medical
marijuana dispensaries and cultivation sites; and,
WHEREAS, such adverse impacts have included hazardous construction and electrical wiring,
noxious odors and fumes affecting neighboring properties and businesses, and increased crime in
and around marijuana land uses, including burglaries, robberies, assaults, murders, and illegal
diversion of marijuana to minors; and,
WHEREAS, there is significant evidence that medical marijuana delivery services are also
targets of violent crime and pose a danger to the public; and,
WHEREAS, a California Police Chiefs Association compilation of police reports, news stories,
and statistical research regarding crimes involving medical marijuana businesses and their
secondary impacts on the community is contained in a 2009 white paper report which is attached
to the staff report presented to the City Council with this ordinance and on file with the City
Clerk; and
WHEREAS, news stories regarding adverse impacts of medical marijuana business, including
cultivation sites and delivery services, are attached to the staff report presented to the City
Council with this ordinance and on file with the City Clerk; and
WHEREAS, it is reasonable to conclude that medical marijuana establishments and delivery
services would cause similar adverse impacts on the public health, safety, and welfare in
Atascadero; and
WHEREAS, the City Council has determined that the City’s marijuana regulations should be
consolidated within Title 9 of the Municipal Code (Planning and Zoning) and should include
express provisions regarding marijuana cultivation in order to avoid a piecemeal regulatory
approach in which certain activities are prohibited expressly while others are prohibited
impliedly under permissive zoning principles; and
WHEREAS, in order to protect the public health, safety, and welfare, the City Council desires
to repeal Chapter 5.13 regarding medical marijuana facilities and add Section 9-6.186 to Title 9
of the Atascadero Municipal Code prohibiting marijuana cultivation facilities, marijuana
dispensaries, commercial cannabis activities, and medical marijuana deliveries.
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO DOES
ORDAIN AS FOLLOWS:
SECTION ONE. Findings. The City Council hereby incorporates the foregoing
recitals and findings.
SECTION TWO. Repeal. The City Council hereby repeals Municipal Code Chapter 5-13.
SECTION THREE. Adoption. The City Council of the City of Atascadero hereby
adds Section 9-6.186 of Title 9 of the Municipal Code as follows:
9-6.186 Medical Marijuana Facilities.
(a) Purpose. The purpose and intent of this section is to prohibit marijuana cultivation facilities,
medical marijuana dispensaries, medical marijuana deliveries, and commercial cannabis
activities, as defined below, within the city limits. It is recognized that it is a Federal violation
under the Controlled Substances Act to possess or distribute marijuana even if for medical
purposes. Additionally, there is evidence of an increased incidence of crime-related secondary
impacts in locations associated with marijuana cultivation facilities and medical marijuana
dispensaries and in connection with medical marijuana deliveries, which is contrary to policies
that are intended to promote and maintain the public’s health, safety, and welfare.
(b) Definitions.
(1) “Commercial cannabis activity” shall have the meaning set forth in Business and
Professions Code section 19300.5(k).
(2) “Cultivation” means any activity involving the planting, growing, harvesting, drying,
curing, grading, or trimming of marijuana.
(3) "Establish" or "operate" a marijuana cultivation facility, medical marijuana
dispensary, or commercial cannabis activity (as defined in this section) means and
includes any of the following:
a. The opening or commencement of the operation of a marijuana cultivation
facility, medical marijuana dispensary, or commercial cannabis activity;
b. The conversion of an existing business, facility, use, establishment, property,
or location to a marijuana cultivation facility, medical marijuana dispensary, or
commercial cannabis activity;
c. The addition of a marijuana cultivation facility, medical marijuana dispensary,
or commercial cannabis activity to any other existing business, facility, use,
establishment, property, or location.
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(4) "Marijuana" means all parts of the plant Cannabis, whether growing or not; the seeds
thereof; the resin extracted from any part of the plant; and every compound manufacture,
salt, derivative, mixture, or preparation of the plant, its seeds or resin. It includes
marijuana infused in foodstuff, and concentrated cannabis and the separated resin,
whether crude or petrified, obtained from marijuana. It does not include the mature stalks
of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant,
any other compound, manufacture, salt, derivative, mixture, or preparation of the mature
stalks (except resin extracted therefrom), fiber, oil, or cake, or the sterilized seeds of the
plant that are incapable of germination.
(5) "Medical marijuana" is marijuana used for medical purposes where that medical use
is deemed appropriate and has been recommended by a physician who has determined
that the person's health would benefit from the use of marijuana in the treatment of
acquired immune deficiency syndrome ("AIDS"), anorexia, arthritis, cancer, chronic
pain, glaucoma, migraine, spasticity, or any other serious medical condition for which
marijuana is deemed to provide relief as defined in subsection (h) of Health and Safety
Code § 11362.7.
(6) “Marijuana cultivation facility” means any business, facility, use, establishment,
property, or location where the cultivation of marijuana occurs.
(7) "Medical marijuana dispensary" means any business, facility, use, establishment,
property, or location, whether fixed or mobile, where medical marijuana is sold, made
available to, delivered to and/or distributed by or to three or more of people. "Medical
marijuana dispensary" shall include the definition of “dispensary” set forth in Business
and Professions Code section 19300.5(n). A "medical marijuana dispensary" does not
include the following uses, as long as the location of such uses are otherwise regulated
by this Code or applicable law: a clinic licensed pursuant to Chapter 1 of Division 2 of
the Health and Safety Code, a health care facility licensed pursuant to Chapter 2 of
Division 2 of the Health and Safety Code, a residential care facility for persons with
chronic life-threatening illness licensed pursuant to Chapter 3.01 of Division 2 of the
Health and Safety Code, a residential care facility for the elderly licensed pursuant to
Chapter 3.2 of Division 2 of the Health and Safety Code, a residential hospice, or a home
health agency licensed pursuant to Chapter 8 of Division 2 of the Health and Safety
Code, as long as any such use complies strictly with applicable law including, but not
limited to, Health and Safety Code § 11362.5 and following.
(c) Medical marijuana dispensaries, marijuana cultivation facilities, commercial cannabis
activities, and medical marijuana deliveries prohibited.
(1) Medical marijuana dispensaries are prohibited in all zones in the city and shall not be
established or operated anywhere in the city.
(2) Marijuana cultivation facilities are prohibited in all zones in the city and shall not be
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DATE: 12-15-15
established or operated anywhere in the city.
(3) Commercial cannabis activities are prohibited in all zones in the city and shall not be
established or operated anywhere in the city.
(4) No person may own, establish, open, operate, conduct, or manage a medical
marijuana dispensary, marijuana cultivation facility, or commercial cannabis activity in
the city, or be the lessor of property where a medical marijuana dispensary, marijuana
cultivation facility, or commercial cannabis activity is located. No person may participate
as an employee, contractor, agent, volunteer, or in any manner or capacity in any medical
marijuana dispensary, marijuana cultivation facility, or commercial cannabis activity in
the city.
(5) No use permit, site development permit, tentative map, parcel map, variance, grading
permit, building permit, building plans, zone change, business license, certificate of
occupancy or other applicable approval will be accepted, approved or issued for the
establishment or operation of a medical marijuana dispensary, marijuana cultivation
facility, or commercial cannabis activity.
(6) No person and/or entity may deliver or transport medical marijuana from any fixed
or mobile location, either inside or outside the city, to any person in the city, except that a
person may deliver or transport medical marijuana to a qualified patient or person with
an identification card, as those terms are defined in Health and Safety Code section
11362.7, for whom he or she is the primary caregiver within the meaning of Health and
Safety Code sections 11362.5 and 11362.7(d).
(7) Nothing contained in this section shall be deemed to permit or authorize any use or
activity which is otherwise prohibited by any state or federal law.
(d) Enforcement. The city may enforce this section in any manner permitted by law. The
violation of this section shall be and is hereby declared to be a public nuisance and contrary to
the public interest and shall, at the discretion of the city, create a cause of action for injunctive
relief.
SECTION FOUR. CEQA. This Ordinance is not a project within the meaning of
section 15378 of the California Environmental Quality Act (“CEQA”) Guidelines because it has
no potential for resulting in physical change in the environment, either directly or ultimately. In
the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA
exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with
certainty to have no possibility of a significant effect on the environment.
SECTION FIVE. Severability. If any section, subsection, sentence, clause, or phrase
of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any
court of competent jurisdiction, such decision will not affect the validity of the remaining
portions of this ordinance. The City Council hereby declares that it would have passed this
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ordinance and each and every section, subsection, sentence, clause, or phrase not declared
invalid or unconstitutional without regard to whether any portion of the ordinance would be
subsequently declared invalid or unconstitutional.
SECTION SIX. A summary of this ordinance, approved by the City Attorney, together
with the ayes and noes, must be published twice: at least five (5) days prior to its final passage in
the Atascadero News, a newspaper published and circulated in the City of Atascadero, and,
before the expiration of fifteen (15) days after its final passage, in the Atascadero News. A copy
of the full text of this ordinance must be on file in the City Clerk’s Office on and after the date
following introduction and passage and must be available to any interested member of the
public.
INTRODUCED at a regular meeting of the City Council held on _____________, and PASSED
and ADOPTED by the City Council of the City of Atascadero, State of California, on
____________, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST: CITY OF ATASCADERO
_____________________________ _________________________
Marcia McClure Torgerson, C.M.C., Tom O’Malley, Mayor
City Clerk
APPROVED AS TO FORM:
______________________________
Brian Pierik, City Attorney
154