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CITY OF ATASCADERO
PLANNING COMMISSION AGENDA
Regular Meeting
Tuesday, February 2, 2016 – 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
A. ELECTION OF CHAIRPERSON AND VICE CHAIRPERSON
The Commission will select a Chairperson and Vice Chairperson.
City of Atascadero Planning Commission Agenda Regular Meeting, February 2, 2016
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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 qu estions.)
1. APPROVAL OF DRAFT ACTION MINUTES OF DECEMBER 15, 2015
COMMUNITY DEVELOPMENT STAFF REPORTS
2. PLN 2016-1580, TREE REMOVAL FOR 10025 EL CAMINO REAL
Property Owner: Mark Egan, Rancho Del Bordo Estates, LLC, PO Box 6788, Santa Rosa, CA
95406
Certified
Arborist:
Henry Curtis, Whits Turn Tree Care, PO Box 1784, Templeton, CA 93465
Project Title: PLN 2016-1580 / TRP 2016-0196
Project
Location:
10025 El Camino Real, Atascadero, CA 93422
APN 030-461-029 (San Luis Obispo County)
Project
Description:
The proposed project includes a request to remove two blue oak trees in the
Rancho Del Bordo Estates. One tree is dead and the other is diseased.
General Plan Designation: High Density Residential (HDR)
Zoning District: High Density Multiple-Family Residential (RMF-20)
Staff
Recommendation:
Staff recommends the Planning Commission approve Resolution 2016-A
approving Tree Removal Permit 2016-0196, based on findings and subject to
mitigation.
City of Atascadero Planning Commission Agenda Regular Meeting, February 2, 2016
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PUBLIC HEARINGS
DISCLOSURE OF EX PARTE COMMUNICATIONS:
Prior to a project hearing Planning Commission Members must disclose any communications they have had on any quasi-judicial
agenda items. This includes, but is not limited to, Tentative Subdivision Maps , Parcel Maps, Variances, Conditional Use
Permits, and Planned Development Permits. This does not disqualify the Planning Commission Member from participating and
voting on the matter, but gives the public and applicant an opportunity to comment on the ex parte communication.
(For each of the following items, the public will be given an opportunity to speak. After a staff report, the Chair will open the public
hearing and invite the applicant or applicant’s representative to make any comments. Members of the public will be invited to provide
testimony to the Commission following the applicant. Speakers should state their name for the record and can address the
Commission for three minutes. After all public comments have been received, the public hearing will be closed, and the Commission
will discuss the item and take appropriate action(s).)
3. PLN 2099-0795 – 8570 EL CORTE ROAD
Property
Owner/Applicant:
8570 Corte, LLC, 125 South Bowling Green Way, Los Angeles, CA 90049
Project Title: 8570 El Corte Master Plan of Development Amendments
Project Location: 8570 El Corte Road, Atascadero, CA 93422
(San Luis Obispo County) APN: 030-421-005
Project
Description:
The proposed project consists of Amendments to the Master Plan of Development
and conditions of approval of Vesting Tentative Subdivision Map 2006-0082,
adjusting lot lines, elimination of proposed pedestrian paths, and revision of
architectural elevations.
Existing General Plan Designation: Single-Family Residential (SFR-X)
Existing Zoning: Residential Single-Family (RSF-X) / Planned Development (PD-17)
Proposed
Environmental
Determination:
The proposed project has been reviewed and found to be consistent with certified
Mitigated Negative Declaration 2006-0031 per California Environmental Quality
Act (CEQA) guidelines Sec. 15164(a) through (e). There are no new
environmental impacts or information of substantial importance associated with the
proposed project revisions. No new mitigation measures are proposed.
Staff Planner: Alfredo R. Castillo, AICP, Associate Planner, acastillo@atascadero.org, Phone:
470-3436
Staff
Recommendation:
Staff recommends the Planning Commission:
1. Adopt Draft PC Resolution 2016-A amending CUP 2006-0178, based on
findings and conditions of approval;
2. Adopt Draft PC Resolution 2016-B amending TTM 2006-0082 conditions
of approval for consistency with approved Master Plan of Development.
City of Atascadero Planning Commission Agenda Regular Meeting, February 2, 2016
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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 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 st ate 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 2014-1529, HALCON GENERAL PLAN AMENDMENT
Applicant/Owner: Conscious Build Atascadero Dev. LLC, 2921 Garibaldi Ave., San Luis Obispo, CA
93401
Project Title: PLN 2014-1529 – Halcon General Plan Amendment
General Plan Amendment 2014-0029 / Zone Change 2014-0175 / Tentative
Tract Map 2014-0108 / Tree Removal Permit 2014-0178
Project Location: 11955 & 11975 Viejo Camino, Atascadero, CA 93422
(San Luis Obispo County) APN: 045-401-003, & 004
11675, 11745, 11885, 11845, 11855, 11875 Halcon Rd., Atascadero, CA 93422
(San Luis Obispo County) APN: 045-401-014, 013, 010, 009, 018, & 017
Project
Description:
The applicant is requesting a General Plan Amendment and Rezone of 37.7 acres
of residential property to allow for an increase in residential density. The subject
parcels are located along Halcon Road at the southerly boundary of the City limits.
Current zoning allows for a minimum lot size of 2.5 to 10 acres depending on
certain site characteristics. The proposed General Plan Amendment and Rezoning
would create a 17 unit sm all lot single-family development (“The Groves”)
encompassing 10 acres of the project site at the Viejo Camino and Halcon
intersection and increase the density of the remaining 27.7 acres of the project site
(“Neighbor Parcels”) to allow for 1 primary dwelling unit per acre. There are
currently 6 existing units within the project area. The proposal would increase the
number of primary units to a maximum of 45 residential units. Nineteen (19) native
trees are proposed for removal as part of The Groves development. Additional
trees may be removed as the Neighbor parcels develop.
Existing General Plan Designation: Suburban Estates (SE)
Existing Zoning: Residential Suburban (RS)
Proposed General Plan Designation: Single-Family Residential –Y (SFR-Y: 1 du/ac)
Single-Family Residential – X (SFR-X: 2 du/ac)
Proposed Zoning: Residential Single-Family-Y (RSF-Y: 1 du/ac)
Residential Single-Family – X (RSF-X: 2 du/ac)
Staff
Recommendation:
Staff recommends the Planning Commission:
1. Adopt Resolution PC 2016-A, recommending to the City Council that they
adopt and certify Mitigated Negative Declaration 2015-0007 based on
findings; and
City of Atascadero Planning Commission Agenda Regular Meeting, February 2, 2016
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2. Adopt Resolution PC 2016-B, recommending to the City Council approval
of General Plan Amendment 2014-0030 based on findings; and
3. Adopt Resolution PC 2016-C, recommending to the City Council approval
of Zoning Map Amendment ZCH 2014-0175 based on findings; and
4. Adopt Resolution PC 2016-D, recommending to the City Council approval
of Title 9 Zone Text Amendment ZCH 2015-0178 establishing PD overlay
zone 33 based on findings; and
5. Adopt Resolution PC 2016-E recommending to the City Council approval
of Conditional Use Permit 2014-0284 (Master Plan of Development) based
on findings and subject to Conditions of Approval and Mitigation
Monitoring; and
6. Adopt Resolution PC 2016-F recommending the City Council approve of
Tentative Subdivision Map TTM 2014-0108, based on findings and subject
to Conditions of Approval and Mitigation Monitoring; and
7. Adopt Resolution PC 2016-G recommending to the City Council approval
of Tree Removal Permit TRP 2014-0178, based on findings and subject to
Conditions of Approval and Mitigation Monitoring.
City of Atascadero Planning Commission Agenda Regular Meeting, February 2, 2016
Page 6 of 7
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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 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
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).)
5. PLN 2015-1571 – DOWNTOWN FIRST FLOOR OFFICE RESTRICTIONS
COMMISSIONER COMMENTS AND REPORTS
DIRECTOR’S REPORT
ADJOURNMENT
The next regular meeting will be on February 16, 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.
Applicant/Owner: City of Atascadero, 6500 Palma Ave., Atascadero, CA 93422
Project Title: PLN 2015-1571 – Downtown Code Text amendment limiting ground floor office uses.
Project Location: Downtown Commercial (DC) Zoning District - West Mall, East Mall, and
portions of El Camino Real across from the Sunken Gardens
Project
Description:
The City will consider amendments to the Downtown zoning regulations limiting
ground floor office uses within specific locations in the Downtown Commercial
Zoning District.
Staff Planner: Kelly Gleason, Senior Planner, kgleason@atascadero.org, Phone: 470-3446
Staff
Recommendation:
Planning Commission recommend approval of the pro posed text changes to the
City Council.
City of Atascadero Planning Commission Agenda Regular Meeting, February 2, 2016
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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 i nspection 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 slandero us, 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 C ommunity 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 12/15/15
Page 1 of 7
CITY OF ATASCADERO
PLANNING COMMISSION
DRAFT ACTION MINUTES
Regular Meeting – Tuesday, December 15, 2015 – 7:00 P.M.
City Hall Council Chambers
6500 Palma Avenue, Atascadero, California
CALL TO ORDER - 7:00 p.m.
Chairperson Dariz called the meeting to order at 7:00 p.m. and Commissioner Bentz led
the Pledge of Allegiance.
ROLL CALL
Present: Commissioners Anderson, Bentz, Bourbeau, Seay, Schmidt, Vice
Chairperson Wolff, and Chairperson Dariz
Absent: None
Others Present: Recording Secretary, Annette Manier
Staff Present: Community Development Director, Phil Dunsmore
Associate Planner, Alfredo Castillo
Contract Planner, Katie Banister
Rachelle Rickard, City Manager
Joe Allen, Police Department Commander
Brian Pierik, City Attorney
APPROVAL OF AGENDA
MOTION: By Commissioner Bentz and seconded by
Commissioner Anderson to approve the Agenda.
Motion passed 7:0 by a roll-call vote.
PUBLIC COMMENT
None
Chairperson Dariz closed the Public Comment period.
ITEM NUMBER: 1
DATE: 2-2-16
1
PC Draft Action Minutes of 12/15/15
Page 2 of 7
PLANNING COMMISSION BUSINESS
None
CONSENT CALENDAR
Chairperson Dariz stated that the Agenda states we are approving minutes for Dec. 3 rd,
however, the Commission is approving minutes for December 1, 2015.
1. APPROVAL OF DRAFT ACTION MINUTES OF DECEMBER 1, 2015
`MOTION: By Commissioner Bentz and seconded by
Commissioner Bourbeau to approve the consent
calendar.
Motion passed 7:0 by a roll-call vote.
COMMUNITY DEVELOPMENT STAFF REPORTS
None
PUBLIC HEARINGS
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, which
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.
2
PC Draft Action Minutes of 12/15/15
Page 3 of 7
EX PARTE COMMUNICATIONS:
Commissioner Anderson went by and looked at the site.
Commissioner Bourbeau also visited the site, and then spoke with Contract Planner
Banister.
Contract Planner Banister gave the staff report and stated for the record, that the published
agenda is incorrect and that the structure is 107% of the size of the existing residence (not
116% as published). She also stated that staff is recommending that Condition 10. F. be
amended to say that outdoor storage is allowed and fully screened from the adjacent street
or adjacent properties. Also, Condition 11 should be changed to read on-site signage shall
be limited to two (2) square feet, instead of four (4). She stated that an email was received
from a resident and distributed to the Commission tonight (Exhibit A).
Associate Planner Castillo answered questions from the Commission in relation to the Lot
Line Adjustment. Community Development Director Dunsmore answered questions from
the Commission.
PUBLIC COMMENT
The following members of the public spoke on this item: Ben DeGarmo and Greg
Vaughan. Mr. DeGarmo answered questions from the Commission.
Chairperson Dariz closed the Public Comment period.
MOTION: By Commissioner Bentz and seconded by
Commissioner Schmidt to adopt PC Resolution 2015-A
approving PLN 2015-1535/CUP 2015-0286 allowing a
3,191 square-foot detached accessory structure which
exceeds 50% of the size of the primary residence at
10080 Old Morro Road East, based on findings and
subject to conditions of approval.
Motion passed 5:2 by a roll-call vote. (Bourbeau and
Wolff voted no)
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)
3
PC Draft Action Minutes of 12/15/15
Page 4 of 7
EX PARTE COMMUNICATIONS:
Chairperson Dariz and Commissioner Anderson heard this project at the Design Review
Committee (DRC).
Commissioner Bourbeau visited the site, called Mr. Ephraim with questions, and he met
with Associate Planner Castillo about the project.
Commissioner Bentz received a phone call from Royce Eddings, and spoke about the
project on the phone.
Associate Planner Castillo gave the staff report, and he and Community Development
Director Dunsmore answered questions from the Commission. Associate Planner Castillo
explained that this project went before the DRC, and that the HOA would be responsible for
future tie-in to sewer services.
PUBLIC COMMENT
The following members of the public spoke on this item: Royce Eddings, Brian
McCallister, Kasey Sullivan, Corey Sullivan, a resident who spoke about lighting who
did not give his name, and John McDonald.
Chairperson Dariz closed the Public Comment period.
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 legal 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, AICP, 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.
4
PC Draft Action Minutes of 12/15/15
Page 5 of 7
The Commission and staff addressed concerns about traffic and lighting from the
neighbors.
PUBLIC COMMENT
Chairperson Dariz re-opened the Public Comment period.
The following member of the public spoke on this item: John McDonald.
Chairperson Dariz closed the Public Comment period.
MOTION: By Commissioner Bourbeau and seconded by
Commissioner Bentz to adopt 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,
By Commissioner Bourbeau and seconded by
Commissioner Bentz to adopt 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,
By Commissioner Bourbeau and seconded by
Commissioner Bentz to adopt 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,
By Commissioner Bourbeau and seconded by
Commissioner Bentz to adopt 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.
Motion passed 7:0 by a roll-call vote.
5
PC Draft Action Minutes of 12/15/15
Page 6 of 7
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.
EX PARTE COMMUNICATIONS:
Commissioner Bourbeau spoke to Police Commander Joe Allen, Community Development
Director Dunsmore, and the owners of Dubs Green Garden, who are in the audience
tonight.
Community Development Director Dunsmore gave the staff report and answered questions
from the Commission. Mr. Dunsmore stated that the item is scheduled to go to City Council
on January 12, 2016, and that these provisions will take effect March 1, 2016.
City Attorney Pierik and Police Commander Allen talked about the issue and answered
questions from the Commission.
PUBLIC COMMENT
The following members of the public spoke on this item: Ernest Hall and Andrew
Labarbara.
Chairperson Dariz closed the Public Comment period.
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 environm ent, 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.
6
PC Draft Action Minutes of 12/15/15
Page 7 of 7
City Manager Rickard and City Attorney Pierik answered questions raised by the
Commission.
MOTION: By Commissioner Bentz and seconded by Vice
Chairperson Wolff to 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
dispensaries, commercial cannabis activities and
medical marijuana deliveries.
Motion passed 7:0 by a roll-call vote.
COMMISSIONER COMMENTS AND REPORTS
None
DIRECTORS REPORT
Community Development Director Dunsmore announced that the January 5, 2016
Planning Commission meeting may be cancelled, and that there is a tentative date for
an Eagle Ranch Joint Planning Commission/City Council meeting on January 19, 2016.
Community Development Director Dunsmore gave the Commission on update on
Walmart.
ADJOURNMENT – 9:54 p.m.
The next regular meeting of the Planning Commission is scheduled for January 5,
2016, at 7:00 p.m. at City Hall, Council Chambers, 6500 Palma Avenue, Atascadero.
MINUTES PREPARD BY:
____________________________
Annette Manier, Recording Secretary
The following exhibits are available in the Community Development Department:
Exhibit A – Email from Clement Salvadori
t:\~ planning commission\pc minutes\pc minutes 2015\draft actn minutes 12 15 15 final version.am.docx
7
8
ITEM NUMBER: ITEM NUMBER: 2
DATE: 2-2-16
Atascadero Planning Commission
Staff Report – Community Development Department
Katie Banister, Assistant Planner, 470-3480, kbanister@atascadero.org
PLN 2016-1580
Tree Removal Permit 2016-0196
10025 El Camino Real – Rancho Del Bordo Estates
SUBJECT:
The applicant is requesting the removal of two (2) native trees in a mobile home
development. The trees proposed for removal are a 16-inch diameter dead blue oak
and a 24-inch diameter diseased blue oak.
RECOMMENDATION:
Staff Recommends:
The Planning Commission adopt Resolution PC 2016-A to allow the removal of two (2)
native trees, based on findings and subject to mitigation.
Situation and Facts:
1. Property Owner / Applicant: Mark Egan
Rancho Del Bordo Estates, LLC
PO Box 6788
Santa Rosa, CA 95406
2. Project Address: 10025 El Camino Real (APN 030-461-029)
Atascadero, CA 93422
3. Certified Arborist: Henry Curtis
Whit’s-Turn Tree Care
PO Box 1784
Templeton, CA 93465
4. General Plan Designation: High Density Residential (HDR)
5. Zoning District: High Density Multiple-Family Residential
(RMF-20)
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ITEM NUMBER: ITEM NUMBER: 2
DATE: 2-2-16
6. Site Area: Approximately 18.34 acres
7. Existing Use: Rancho Del Bordo Estates mobile home
Development
Surrounding Zoning / General Plan Designation
North: Residential Single-Family (RSF-Z) / Single-Family Residential (SFR-Z)
East: Recreation (L) / Public Recreation (REC)
South: High Density Residential Multiple-Family (RMF-20) / High-Density
Residential (HDR)
Public (P) / Public Facilities (PUB)
West: El Camino Real
Low Density Residential Multiple-Family (RMF-10) / Moderate Density
Residential (MDR)
Project Location Map
Rancho Del Bordo Estates
10025 El Camino Real
Atascadero
State Hospital
RSF
Heilmann
Regional Park
RMF-10
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ITEM NUMBER: ITEM NUMBER: 2
DATE: 2-2-16
ANALYSIS:
The proposed tree removals are located in the Rancho Del Bordo Mobilehome Estates
located at 10025 El Camino Real.
Rancho Del Bordo Estates
Tree 1
Tree 2
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ITEM NUMBER: ITEM NUMBER: 2
DATE: 2-2-16
Tree 1: 24-inch diseased blue oak
Tree number 1 is a 24-inch blue oak. This tree is located about 6 feet from the mobile
home located on space number 62 surrounded by an irrigated lawn. The canopy of this
tree is entirely over the roof of the nearby home . Henry Curtis, certified arborist, reports
the tree has an “immenent chance of failure in the lower trunk and anchor root area”.
The tree shows “all the signs of root rot.” At one time, the tree had two co-dominant
stems; the stem on the side opposite f rom the house failed at some time in the past.
Typically, this type of failure results in damage or death of the roots growing from the
same side of the tree. There is evidence this pattern occurred in this instance, which
leaves the tree vulnerable to failure in the direction of the home.
Tree number 2 is a 16-inch blue oak tree on space number 62. This tree is dead.
12
ITEM NUMBER: ITEM NUMBER: 2
DATE: 2-2-16
Tree 2: 16-inch dead blue oak
Evaluative Criteria for Tree Removal
Atascadero Municipal Code Section 9-11.105 (d) (3) provides the criteria the Planning
Commission should use when evaluating tree removals.
(i) The potential effect that tree removal could have on topography, knowing that
hilltops, ravines, streambeds and other natural watercourses are more
environmentally sensitive than flat or gentle sloping lands;
(ii) The potential effect that tree removal could have on soil retention and erosion
from increased flow of surface waters;
Staff comment: Both trees are located on flat, landscaped ground. Their
removal is not anticipated to destabilize the soil or any topographic feature.
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ITEM NUMBER: ITEM NUMBER: 2
DATE: 2-2-16
(iii) The potential effect that tree removal could have on the ambient and future
noise level;
Staff comment: Both trees are located in a fully developed mobile home park.
Ambient and future noise are those expected in a residential neighborhood,
and relatively quiet. The trees may have a small, localized effect on ambient
noise, but their removal will not have a significant impact.
(iv) The potential effect that tree removal could have on the ability of existing
vegetation to reduce air movement and wind velocity;
Staff comment: Both trees are located away from other trees and near
residences. Air movement in the neighborhood is likely controlled by the
layout of the mobile homes and not by isolated trees in the development.
(v) The potential effect that tree removal could have on significantly reducing
available wildlife habitat or result in the displacement of desirable species;
Staff comment: Both trees are located in a fully developed neighborhood.
Wildlife habitat is limited to small landscaped areas with minimal habitat value.
These tree removals will eliminate a small part of the available habitat.
(vi) Aesthetics;
Staff comment: The removal of both trees will have a negative impact on the
aesthetics of the immediate surrounding area.
(vii) The number, size, species, condition and location of trees to be removed;
Staff comment: Two blue oak trees in poor condition are proposed for removal.
The trees are located close to existing structures in an existing mobile home
development.
(viii) The special need to protect existing blue and valley oaks because of
regeneration problems;
Staff comment: The trees are both blue oaks.
(ix) The cumulative environmental effects of tree removal.
Staff comment: While removing these two trees in poor condition will have a
very limited environmental impact, placing irrigated turf or structures over the
critical root zone of native trees has a detrimental impact on their health and
makes their removal more likely.
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ITEM NUMBER: ITEM NUMBER: 2
DATE: 2-2-16
Tree Mitigation
The Atascadero Municipal Code requires mitigation for all trees approved for removal.
The Tree Ordinance allows for either replanting of new native trees, or payment of
mitigation fees to the tree fund.
Based on the 40-inch cumulative diameter of the two trees, twenty-seven (27) 5-gallon
oak trees are required for replanting. Alternatively, the applicant may choose to pay
$1333.33 to the City’s tree mitigation fund. A combination of the two mitigation methods
is permitted.
FINDINGS:
In considering any tree removal request, at least one of the required findings must be
made. Staff has identified the following finding as appropriate for the application
request.
(i) The tree is dead, diseased or injured beyond reclamation, as certified by a tree
condition report from an arborist;
ALTERNATIVES:
1. The Commission may approve the project with additional or revised project
conditions.
2. The Commission may deny the project if it is found that the required findings cannot
be made. The Commission’s motion to deny must include a finding basis for denial.
3. The Commission may continue the hearing and refer the item back to staff for
additional information or analysis. Direction should be given to staff and the
applicant on required information.
ATTACHMENTS:
Attachment 1 – Arborist Report
Attachment 2 – Draft Resolution PC 2016-A
Bond payment for tree #31, impacted 45% :
15
ITEM NUMBER: ITEM NUMBER: 2
DATE: 2-2-16
ATTACHMENT 1: Arborist Report
PLN 2016-1580 / TRP 2016-0196
16
ITEM NUMBER: ITEM NUMBER: 2
DATE: 2-2-16
17
ITEM NUMBER: ITEM NUMBER: 2
DATE: 2-2-16
18
ITEM NUMBER: ITEM NUMBER: 2
DATE: 2-2-16
ATTACHMENT 2: Draft Resolution PC 2016-A
PLN 2016-1580 / TRP 2016-0196
DRAFT RESOLUTION NO. PC 2016-A
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ATASCADERO APPROVING PLN 2016-1580 / TRP 2016-0196,
TO ALLOW THE REMOVAL OF TWO (2) BLUE OAK TREES
TOTALING 40-INCHES DIAMETER AT BREAST HEIGHT (DBH)
LOCATED AT 10025 EL CAMINO REAL (APN 030-461-029)
WHEREAS, an application was received from Mark Egan of Rancho Del Bordo Estates,
LLC, PO Box 6788, Santa Rosa, California, 95406 (Property Owner), and by Henry Curtis,
Whit’s-Turn Tree Care, PO Box 1784, Templeton, California, 93465 (Arborist), for a Tree
Removal Permit to remove two (2) blue oak trees totaling forty (40) inches DBH.
WHEREAS, the Planning Commission reviewed the proposed Tree Removal Permit
application on February 2, 2016, at 7:00 p.m. and considered testimony and reports from staff,
the applicants, and the public; and,
NOW THEREFORE, the Planning Commission of the City of Atascadero, California
takes the following actions:
SECTION 1. Findings for tree removal. The Planning Commission finds as follows:
The tree is dead, diseased or injured beyond reclamation, as certified by a tree condition
report from an arborist.
Tree number 1 suffers from a damaged trunk and root rot in the anchor roots. Tree
number 2 is dead.
SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a
regular session assembled on February 2, 2016, and resolved to approve Tree Removal Permit
2016-0196, subject to the following:
EXHIBIT A: Conditions of Approval
EXHIBIT B: Required Tree Removal Mitigation
EXHIBIT C: Site Plan
19
ITEM NUMBER: ITEM NUMBER: 2
DATE: 2-2-16
On motion by Commissioner ____________________, and seconded by Commissioner
_________________________, the foregoing resolution is hereby adopted in its entirety by the
following roll call vote:
AYES: ( )
NOES: ( )
ABSENT: ( )
ABSTAINED: ( )
ADOPTED:
CITY OF ATASCADERO, CA
_________________________________________
Mark Dariz
Planning Commission Chairperson
ATTEST:
___________________________________
Phil Dunsmore
Planning Commission Secretary
20
ITEM NUMBER: ITEM NUMBER: 2
DATE: 2-2-16
EXHIBIT A: Conditions of Approval / Mitigation Monitoring
PLN 2016-1580 / TRP 2016-0196
Conditions of Approval
PLN 2016-1580 / TRP 2016-0196
10025 El Camino Real
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 that time, an appeal to the decision is
filed as set forth in Section 9-1.111(b) of the Zoning Ordinance.
Tree removal
PS
2. The applicant and/or subsequent owners shall defend, indemnify, and hold
harmless the City of Atascadero or its agents, officers, and employees against
any claim or action brought to challenge an approval by the City, or any of its
entities, concerning the proposed tree removal.
Ongoing PS
3. The owner or applicant shall mitigate the tree removal by replanting native
trees, making appropriate payment to the tree mitigation fund, or a
combination thereof as shown in Exhibit B. Larger box trees may be
substituted for five-gallon replacement trees per the Atascadero Native
Tree Guidelines.
Tree removal PS
4. Payment to the tree mitigation fund or approval of a tree replanting and
irrigation plan shall occur before trees are removed.
Tree removal PS
5. If tree replanting is selected, the owner or applicant shall provide drip
irrigation to new trees until they are established.
Tree planting PS
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ITEM NUMBER: ITEM NUMBER: 2
DATE: 2-2-16
Exhibit B Required Tree Removal Mitigation
PLN 2016-1580 / TRP 2016-0196
Evergreen Native Trees (inches)Deciduous Native Trees (inches)Totals
dbh notes dbh notes
1 1 24-inches diseased
2 2 16-inches dead
3 3
4 4
5 5
6 6
Total 0-inches Total 40-inches 40-inches
Mitigation Requirement
req'd tree replacements:0 five gal trees req'd tree replacements:27 five gal trees 27 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 0 five gal trees Remaining Mitigation 27 five gal trees 27 five gal trees
Tree Fund Payment:-$ Tree Fund Payment:1,333.33$ 1,333.33$
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ITEM NUMBER: ITEM NUMBER: 2
DATE: 2-2-16
Exhibit C Site Plan
PLN 2016-1580 / TRP 2016-0196
Bond payment for tree #31, impacted 45% :
Tree Number 1
Tree Number 2
El Camino Real
23
Atascadero Planning Commission
Staff Report - Community Development Department
Alfredo R. Castillo, AICP, Associate Planner, acastillo@atascadero.org (805) 470-3436
El Corte Subdivision Amendments
PLN 2099-0795
(8570 El Corte, LLC)
STAFF RECOMMENDATIONS:
1. Adopt Draft PC Resolution 2016-A, approving amendments to Conditional Use
Permit 2006-0178 (Master Plan of Development) based on findings and subject to
Conditions of Approval and Mitigation Monitoring; and,
2. Adopt Draft PC Resolution 2016-B, amending and reconsidering Vesting Tentative
Tract Map 2006-0082 for consistency with an adopted Master Plan of Development,
based on findings and subject to Conditions of Approval.
DISCUSSION:
Situation and Facts:
1. Owner / Applicant: 8570 El Corte, LLC, 125 South Bowling Green Way,
Los Angeles, CA 90049
2. Project Address: 8570 El Corte (APN 030-421-005) (San Luis Obispo County)
3. General Plan Designation: SFR (Single-Family Residential)
4. Zoning District: RSF-X (Residential Single-Family - X) / Planned
Development (PD-17)
5. Site Area: 2.0 acres
6. Existing Use: Single-Family Residence / Vacant
7. Environmental Status: Consistent with certified Mitigated Negative Declaration
2006-0031
ITEM NUMBER: ITEM NUMBER: 3
DATE: 2-2-16
24
Background
On June 12, 2007, a seven (7) lot subdivision with a planned development overlay was
approved by the City Council. The proposed development has not moved forward since
that time and a new owner has obtained the property and is seeking an amendment to
conditions of approval pertaining to proposed subdivision improvements, architectural
elevations, and minor adjustments or proposed lot lines.
Surrounding Land Use and Setting:
North: Residential Single-Family (RSF-X) East: Residential Multi-Family (RMF-10)
South: Recreation (Chalk Mountain) West: Residential Single-Family (RSF-X)
RMF-16
RSF-Y
RMF-10
CR
8570 El
Corte
Rd
25
The project site is within the Residential Single-Family General Plan Land Use
Designation and is zoned Residential Single-Family-X (0.5 acre minimum lot size),
which allows for a maximum density of 4.0 units per acre with the establishment of a PD
Overlay Zone. The proposed project site has a Planned Development overlay (PD -17).
The surrounding neighborhood is developed with single -family developments. The
adjacent development, Chalk Mountain Village, contains higher density small lot single -
family homes and open space areas.
ANALYSIS:
The proposed site plan has been designed to meet the minimum requirements of the
Atascadero Municipal Code and the appearance review requirements of the General
Plan. The following are the proposed amendments that the applicant is requesting:
Revising residential units size ranges from 1,422 square feet (sf) to 2,134 sf;
Elimination of a pedestrian path and easements that originally were proposed to
impede upon existing willow trees and identified wetlands ;
Elimination of common area sidewalks to be placed between lots 5 and 6;
Architectural elevation revisions.
Site Plan and Circulation
The proposed project still includes seven detached single-family residences arranged
around a common cul-de-sac that gains access from El Corte Road. Each unit has an
attached two-car garage and additional guest parking is provided within the driveway of
each lot. This will remain as a part of the proposed amendment. Proposed lot sizes
have increased in lots 5 and 6 as a part of the proposed amendments due to proposed
elimination of a sidewalk in between these lots. This sidewalk was proposed to connect
to a pedestrian path adjacent to an existing riparian vegetation area.
This riparian vegetation and an identified wetland area is located along the La Linia
frontage. The certified environmental document included a review from the previous
project biologist that determined there will be no significant impacts to the riparian
and/or wetland vegetation with the mitigation measures as identified. The environmental
analysis determined that the only potential impacts to the existing vegetation would
occur from installation of the pedestrian connection to La Linia Avenue. This connection
is proposed to be eliminated and therefore, reduce any potential impacts. If any
removals are required, they will be required to be mitigated at a ratio of 3:1, consistent
with the Mitigated Negative Declaration (Mitigation Measure 4.b.1).
Public/Subdivision Improvements
Frontage improvements continue to be proposed along the El Corte and right-of-way.
Due to the sensitivity of the existing wetland, the applicant is proposing elimination of
some frontage improvements to eliminate conflicts with the existing riparian area. The
originally approved project already had included modified frontage improvements along
the La Linia frontage.
26
The City Engineer is requesting that the applicant construct curb, gutter, and sidewalk
along around the proposed cul-de-sac. A sidewalk will be provided linking the cul-de-
sac to provide areas of pedestrian and passive recreation opportunities. Public Works
has reviewed the proposed amendments , and has provided revised conditions of
approval for both the Master Plan of Development and vesting Tentative Map.
Architecture, Materials, and Color
The applicant has revised the approved architecture and reduced the overall size of the
proposed homes. The applicant is proposing elimination of homes with 2nd stories. The
proposed architecture has also been revised for more consistency with the surrounding
neighborhood. Attachment 6 shows the proposed architectural revision, as well as Draft
PC Resolution 2016-A.
Site Drainage
Historically, the site drains toward the La Linia Road frontage where the riparian and
wetland vegetation currently exists. The project is designed to direct site-generated
flows to the cul-de-sac and out to the El Corte right-of-way and to the existing drainage
along La Linia. Historic flows from the neighboring parcels located up-hill from the
proposed development will be captured and conveyed by an open dry creek swale to
the existing drainage swale.
Wastewater
Sanitary sewer will be connected to existing sewer facilities in El Corte Road. This
condition remains per the previous approval.
Vesting Tentative Subdivision Map
A seven-lot Tentative Tract Map (TTM 2006-0082) was originally approved consistent
with the proposed Master Plan of Development and proposed PD–17 Overlay Zone.
The vesting map is still valid and has been conditioned by staff and the City Engineer to
for consistency with the proposed amendments.
Findings
Conditional Use Permit (Master Plan of Development)
A Master Plan of Development is required for the Planned Development in the form of a
Conditional Use Permit. The proposed amendments to the approved Master Plan of
Development sets development standards related to architectural design, site design,
landscape, signage, and specific development standards required by the zoning
ordinance. The Planning Commission must make the following five findings to
recommend approval of the proposed Master Plan of Development:
1. The proposed project or use is consistent with the General Plan and the City’s
Appearance Review Manual.
27
Staff Comment: The use is consistent with the General Commercial designation of
the General Plan and General Plan Land Use Element Policy 1.1 and 1.1.7.
2. The proposed project or use satisfies all applicable provisions of the Title (Zoning
Ordinance) including the Planned Development Ordinance.
Staff Comment: As conditioned, the project satisfies all Conditional Use Permit and
Planned Development zoning code provisions.
3. The establishment, and subsequent operation or conduct of the use will not,
because of the circumstances and conditions applied in the particular case, be
detrimental to the health, safety, or welfare of the general public or persons residing
or working in the neighborhood of the use, or be detrimental or injurious to property
or improvements in the vicinity of the use.
Staff Comment: The proposed residential development will not be detrimental to the
general public or working person’s health, safety, or welfare.
4. That the proposed project or use will not be inconsistent with the character or the
immediate neighborhood or contrary to its orderly development.
Staff Comment: The proposed project is compatible with the surrounding
neighborhood.
5. That the proposed use or project will not generate a volume of traffic beyond the
safe capacity of all roads providing access to the project, either existing or to be
improved in conjunction with the project, or beyond the normal traffic volume of the
surrounding neighborhood that would result from full deve lopment in accordance
with the Land Use Element.
Staff Comment: The proposed project and use is consistent with the traffic
projections and road improvements anticipated within the General Plan and as
proposed by the applicant.
Proposed Environmental Determination
The proposed project has been reviewed and found to be consistent with certified
Mitigated Negative Declaration 2006-0031 per California Environmental Quality Act
(CEQA) guidelines Sec. 15164(a) through (e). There are no new environmental i mpacts
or information of substantial importance associated with the proposed project revisions.
No new mitigation measures are proposed.
28
ALTERNATIVES:
1. The Commission may make modifications to the project and/or conditions of
approval.
2. The Commission may determine 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 Council should clearly state the type of information
required and move to continue the item to a future date.
3. The Commission may deny the proposed amendments. The proposed project
would not be modified and the site may be developed as previously approved.
ATTACHMENTS:
Attachment 1: Location, General Plan, and Zoning Map
Attachment 2: Applicant Letter
Attachment 3: Site Plan
Attachment 4: Revised Vesting Tentative Map
Attachment 5: Revised Landscaping Plan
Attachment 6: Proposed Architecture Elevations
Attachment 7: Draft PC Resolution 2016-A Master Plan of Development
Attachment 8: Draft PC Resolution 2016-B – Vesting Tentative Map
29
Attachment 1: Location Map, General Plan and Zoning
Morro Rd.
CP
CR
RMF-16 RS RS RS
Existing:
General Plan Designation – Single-Family Residential – X
Zoning District – Residential Single-Family – X
Proposed:
General Plan Designation – Single-Family Residential – X
Zoning District – Residential Single-Family – X / PD-17
8570 El
Corte Rd
30
Attachment 1: Applicant Letter
31
32
ATTACHMENT 3: Site Plan
33
ATTACHMENT 5: Revised Landscaping Plan
34
ATTACHMENT 6: Proposed Architectural Elevations
35
ATTACHMENT 6: Proposed Architectural Elevations
36
ATTACHMENT 7: Draft PC Resolution 2016-A
Approval of Proposed Master Plan of Development (CUP) Amendments
DRAFT RESOLUTION PC 2016-A
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA, AMENDING
CONDITIONAL USE PERMIT 2006-0178
(MASTER PLAN OF DEVELOPEMNT)
ON APN 030-421-005
(8570 El Corte, LLC)
WHEREAS, an application has been received from 8570 El Corte, LLC (125 South
Bowling Green Way, Los Angeles, CA 90049) Applicant and Property Owner, to consider a and
amendment to an approved Master Plan of Development and Vesting Tentative Tract Map
located at 8570 El Corte Road, (APN 030-421-005); and,
WHEREAS, the City Council approved the site’s Zoning District be changed from RSF-
X (Residential Single-Family-X) to RSF-X with PD17 (Residential Single-Family-X with a
Planned Development Overlay 17); and,
WHEREAS, the Planned Development #17 Overlay Zone requires the adoption of a
Master Plan of Development, approved in the form of a Conditional Use Permit; and,
WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2006-0031 were
prepared for the project and certified at the June 12, 2007 City Council hearin g, in accordance
with the requirements of the California Environmental Quality Act (CEQA); and,
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA) have been adhered to; and,
WHEREAS, a timely and properly noticed Public Hearing upon the subject Conditional
Use Permit amendment application was held by the Planning Commission of the City of
Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said
Master Plan of Development; and,
WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed
Public Hearing held on February 2, 2016, studied and considered Conditional Use Permit 2005-
0173 (Master Plan of Development), after first studying and considering the Proposed Mitigated
Negative Declaration prepared for the project, and,
Existing General Plan Designation: MDR
Existing Zoning District: RMF-10
Proposed General Plan Designation: MDR
Proposed Zoning Designation: RMF-10 / PD -25
37
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 finds as follows:
1. The proposed amendment is consistent with the General Plan and the City’s
Appearance Review Manual; and,
2. The proposed amendment satisfies all applicable provisions of the Title (Zoning
Ordinance) including provisions of the PD-17 Overlay Zone with the exception of
specific concessions made in accordance with the State Density bonus program; and,
3. The amendment, and subsequent operation or conduct of the use will not, because of
the circumstances and conditions applied in the particular case, be detrimental to the
health, safety, or welfare of the general public or persons residing or working in the
neighborhood of the use, or be detrimental or injurious to property or improvements
in the vicinity of the use; and,
4. The proposed amendment will not be inconsistent with the character or the immediate
neighborhood or contrary to its orderly development; and,
5. The proposed amendment 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.
6. The Master Plan 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; and
7. Benefits derived from the Master Plan of Development and PD overlay zone cannot
be reasonably achieved through existing development standards or processing
requirements; and,
SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a
regular session assembled on February 2, 2016 resolved to approve amendments Conditional Use
Permit 2006-0178 (Master Plan of Development) subject to the following:
EXHIBIT A: Certified Mitigated Negative Declaration
EXHIBIT B: Conditions of approval / Mitigation Monitoring Program
EXHIBIT C: Master Plan of Development / Site Plan
EXHIBIT D: Grading Plan
EXHIBIT E: Architectural Elevations and Floor Plans
EXHIBIT F: Color Boards
EXHIBIT G: Utility Plan
EXHIBIT H: Landscape Plan
38
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
______________________________
Planning Commission Chairperson
Attest:
______________________________
Phil Dunsmore
Planning Commission Secretary
39
EXHIBIT B: Certified Mitigated Negative Declaration
El Corte 8570 LLC /PLN 2099-0795
40
EXHIBIT B: Conditions of Approval / Mitigation Monitoring Program
Planned Development_17 /PLN 2099-0795
Conditions of Approval /
Mitigation Monitoring Program
8570 El Corte Road
PLN 2099-0795
Timing
BL: Business
License
GP: Grading
Permit
BP: Building
Permit
FI: Final
Inspection
TO: Temporary
Occupancy
FO: Final
Occupancy
Responsibil
ity
/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. This resolution shall supersede City Council Resolution No. 2007-047. All
conditions of approval / mitigation contained PC Resolution 2016-00XX shall
be considered the master plan of development and be utilized for
administering and future project approvals.
FM PS
2. The approval of this use permit shall become final and effective for the purposes of
issuing building permits thirty (30) days following the City Council approval of ZCH
2006-0112 upon second reading, unless prior to that time, an appeal to the decision
is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance.
FM 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%, (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.
BP / FM PS, CE
4. Approval of this Conditional Use Permit shall be valid 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 / FM 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 subdivision.
Ongoin
g
PS
6. All subsequent Tentative Map and construction permits shall be consistent with the
Master Plan of Development contained herein.
BP / FM PS, CE
7. All exterior elevations, finish materials and colors shall be consistent with the Master
Plan of Development as shown in EXHIBIT E with the following modifications:
All exterior material finishes (siding, trim, doors, windows, light fixtures,
garage doors) shall be durable, high quality, and consistent with the
architectural appearance.
Roofs shall be architectural grade dimensional shingles.
Exterior stucco shall be smooth finish or similar. No knock-down finishes will
BP PS
41
Conditions of Approval /
Mitigation Monitoring Program
8570 El Corte Road
PLN 2099-0795
Timing
BL: Business
License
GP: Grading
Permit
BP: Building
Permit
FI: Final
Inspection
TO: Temporary
Occupancy
FO: Final
Occupancy
Responsibil
ity
/Monitoring
PS: Planning
Services
BS: Building
Services
FD: Fire Department
PD: Police
Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
be permitted.
8. All site development shall comply with the standards of the Planned Development 17
Overlay District.
BP PS, BS
9. All site work, grading, and site improvements shall be consistent with the Master Plan
of Development as shown in EXHIBIT C, D and H.
BP/FM PS, BS,
CE
10. All project fencing shall be installed consistent with EXHIBIT C and H subject to the
following modifications:
Fencing material and treatment shall comply with the PD17 standards.
Final fence location shall be subject to staff approval.
No fencing shall cross the creek channel nor shall be placed in any way which
restricts flow.
GP/BP
PS
11. Final selection of colors and materials shall be subject to staff approval and generally
consistent with the provided color board in exhibit F.
GP/BP
PS
12. 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
EXHIBIT H, and as follows:
All exterior meters, air conditioning units and mechanical equipment shall be
screened with landscape material.
Final tree list shall be submitted with building permits, subject to staff approval.
Street and open space trees shall be minimum 15-gallon size and double
staked.
Front yard areas shall be landscaped with drought tolerant species, subject to
staff approval.
13. The developer and/or subsequent owner shall assume responsibility for the
continued maintenance of all landscape and common areas.
14. Affordable Housing Requirement: The applicant shall deed restrict one (1) unit at the
moderate income rate or shall pay in-lieu fees for each unit based on 5% of the
construction valuation of each unit.
GP/BP
PS, CA
15. A Tree Protection Plan shall be submitted with subsequent building permits for
encroachment within the drip line of native trees located on the subject parcel and
any adjacent properties. The applicant will contract with a certified arborist to monitor
all activity within the drip lines of existing native oak trees and the existing riparian
GP/BP PS
42
Conditions of Approval /
Mitigation Monitoring Program
8570 El Corte Road
PLN 2099-0795
Timing
BL: Business
License
GP: Grading
Permit
BP: Building
Permit
FI: Final
Inspection
TO: Temporary
Occupancy
FO: Final
Occupancy
Responsibil
ity
/Monitoring
PS: Planning
Services
BS: Building
Services
FD: Fire Department
PD: Police
Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
vegetation.
16. 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.
BP PS
17. 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 the responsibility of
the Home Owners Association.
a) All streets, bridges, sidewalks, streetlights, street signs, roads, emergency
access roads, emergency access gates, and sewer mains within the project.
b) All parks, trails, recreational facilities and like facilities.
c) All open space and native tree preservation areas.
d) All drainage facilities and detention basins.
e) All creeks, flood plains, floodways, wetlands, and riparian habitat areas.
f) All common landscaping areas, street trees, medians, parkway planters,
manufactured slopes outside private yards, and other similar facilities.
g) All frontage landscaping and sidewalks along arterial streets
BP PS
18. Prior to final map, the applicant shall submit CC&Rs for review by the Community
Development Department. The CC&R’s shall record with the Final Map and shall
include the following:
BP PS, BS
43
Conditions of Approval /
Mitigation Monitoring Program
8570 El Corte Road
PLN 2099-0795
Timing
BL: Business
License
GP: Grading
Permit
BP: Building
Permit
FI: Final
Inspection
TO: Temporary
Occupancy
FO: Final
Occupancy
Responsibil
ity
/Monitoring
PS: Planning
Services
BS: Building
Services
FD: Fire Department
PD: Police
Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
a) Provisions for maintenance of all common areas including access, parking,
street trees, fencing and landscaping in perpetuity.
b) A detailed list of each individual homeowner’s responsibilities for
maintenance of the individual units.
c) Residents shall keep all trash receptacles within the unit’s designated trash
storage area.
d) Garages shall be maintained and used for vehicle parking.
e) No boats, RV’s or other type of recreation vehicle may occupy a guest or
resident parking space, including within an individual garage.
19. Approval of this permit shall include the removal of 1 Native Tree, if required. The
applicant shall be required to pay mitigation fees or provide replantings on-site per
the requirements of the Atascadero Native Tree Ordinance. Any additional on-site
native removals shall be subject to Planning Commission approval.
BP PS, BS
20. 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
21. The perimeter retaining walls shall be maintained by the Homeowners Association, if
required.
FM CE/PS
City Engineer Standard Conditions
24. A six (6) foot Public Utility Easement (PUE) shall be provided contiguous to the
property frontage.
GP, BP CE
25. 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.
GP, BP CE
44
Conditions of Approval /
Mitigation Monitoring Program
8570 El Corte Road
PLN 2099-0795
Timing
BL: Business
License
GP: Grading
Permit
BP: Building
Permit
FI: Final
Inspection
TO: Temporary
Occupancy
FO: Final
Occupancy
Responsibil
ity
/Monitoring
PS: Planning
Services
BS: Building
Services
FD: Fire Department
PD: Police
Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
26. The on-site streets shall be improved consistent with the Vesting Tentative Tract
Map.
GP, BP CE
27. Off-site streets shall be improved consistent with the Vesting Tentative Tract Map, if
required.
GP, BP CE
28. Alignment of frontage improvements shall be approved by the City Engineer. GP, BP CE
29. A mechanism to provide for the funding of maintenance for lighting, street
improvements, special paving surfaces, sewer, storm drain, common area
landscape, open space, and hardscape shall be provided.
GP, BP CE
30. All utilities shall be undergrounded on project frontage GP, BP CE
31. A mechanism must be provided to fund the maintenance of all sewer mains
throughout the project area. The developer shall establish a benefit maintenance
assessment district, or similar funding mechanism, approved by the City, to provide
sufficient funds, on an annual basis, to pay for the maintenance activities on the
sewer mainline and related facilities within the project area.
GP, BP CE
32. All onsite sewer mains shall be privately owned and maintained. FM CE
33. Applicant shall pay sewer extension (Annexation), Connection and Reimbursement
fees (if applicable) upon issuance of building permit.
BP CE
34. Gravity mains within the subdivision shall be eight (8) inches in diameter. BP CE
35. Drainage piping serving fixtures which have flood level rims located below the
elevation of the next upstream manhole cover of the public or private sewer serving
such drainage piping shall be protected from backflow of sewage by installing an
approved type backwater valve. Fixtures above such elevation shall not discharge
through the backwater valve.
BP CE
36. All sanitary sewer (SS) mains shall terminate in manholes unless extension of the
main, at some later date, is anticipated. If extension of a SS main is anticipated, said
SS main may terminate in a cleanout providing the next downstream manhole is less
than 300 linear feet from the cleanout and that the point of termination is not a
reasonable location for a SS main angle point or intersection.
BP CE
Atascadero Mutual Water Company
61. 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
45
Conditions of Approval /
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8570 El Corte Road
PLN 2099-0795
Timing
BL: Business
License
GP: Grading
Permit
BP: Building
Permit
FI: Final
Inspection
TO: Temporary
Occupancy
FO: Final
Occupancy
Responsibil
ity
/Monitoring
PS: Planning
Services
BS: Building
Services
FD: Fire Department
PD: Police
Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
devices shall conform to AWWA and California Department of Health Services
standards.
62. Before issuance of building permits, the applicant shall obtain a “Will Serve” letter
from AMWC for the newly created lots within the subdivision.
2016 Additional Conditions
63. The internal street shall be improved consistent with City Standards shall be
offered as a public right-of-way. Typical street section shall provide 36 feet curb-
curb within a 50-feet wide right-of-way. The cul-de-sac shall be designed in
accordance with City Standard No. 415 with 34-feet curb radius.
64. The internal street shall be improved with a 5-feet wide integral sidewalk-curb-
gutter per City Standard No. 419. Driveway ramps shall be installed at each lot
per City Standard No. 423 and shall include a 4-feet wide sidewalk that wraps
behind the ramp. The new sidewalk shall terminate at the curb returns on El
Corte and shall have a center ADA compliant pedestrian ramp. The end of the
sidewalk may require a transition of asphalt-concrete to connect the sidewalk to
the shoulder on El Corte.
65. The El Corte Road shoulder, including AC dike of curb & gutter, shall be improved
to transition to the new street and to convey street drainage to the existing over-
side drain at the corner of El Corte and La Linia. El Corte Road improvements
shall also include a defined shoulder of compacted Class II aggregate base.
66. The developer shall provide hydraulic calculations for post -development storm
water run-off tributary to El Corte and the existing over-side drain at the corner of
El Corte and La Linia. Should said calculations determine that the existing over-
side drain is undersized for the added storm water run-off, the developer shall be
responsible for modification to the over-side drain.
67. The developer shall plant street trees along all street frontages, to the satisfaction
of the Public Works Director and Community Development Director. Street trees
shall be planted between 10 feet and 15 feet of the sidewalk or AC dike. One
street tree shall be planted for each 35 linear feet (or portion thereof) of road
frontage. Street trees may be grouped if approved by the Community
Development Director.
68. Public sewer, water, gas, power, telecommunications and cable TV mains shall be
extended from El Corte Road into the new street, to the satisfaction of the City
Engineer.
69. Each new lot shall be served by separate laterals for sewer, water, power,
communications, gas & cable TV, to the satisfaction of the City Engineer.
46
Conditions of Approval /
Mitigation Monitoring Program
8570 El Corte Road
PLN 2099-0795
Timing
BL: Business
License
GP: Grading
Permit
BP: Building
Permit
FI: Final
Inspection
TO: Temporary
Occupancy
FO: Final
Occupancy
Responsibil
ity
/Monitoring
PS: Planning
Services
BS: Building
Services
FD: Fire Department
PD: Police
Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
70. A public utility easement shall be dedicated along all street frontages, to the
satisfaction of the City Engineer.
71. Storm water run-off entering the site from the northwesterly corner of the subject
property may be collected and conveyed in a pipe to the existing drainage swale
along La Linia Road. A safe overland escape route shall be provided should the
storm sewer become plugged or fail. The developer shall dedicate an easement
for the pipe and overland route.
Mitigation Measure 1.c.1: All retaining walls shall be constructed of dark color split face
block or of similar color and texture to blend into the surrounding natural environment.
BP PS 1.c.1
Mitigation Measure 1.c.2: each unit shall be painted with darker earth toned colors. All
materials shall be high quality and designed to blend with the surrounding
environment.
BP PS 1.c.2
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.
Asbestos has been identified by the state Air Resources Board as a toxic air
contaminant. Serpentine and ultramafic rocks are very common in the state
and may contain naturally occurring asbestos. Under the State Air Resources
Board Air Toxics Control Measure (ATCM) for Construction, Grading,
Quarrying, and Surface Mining Operations, prior to any grading activities at the
site, the project proponent shall ensure that a geologic evaluation is conducted
to determine if naturally occurring asbestos is present within the area that will
be disturbed. If Naturally Occurring Asbestos (NOA) is found at the site the
applicant must comply with all requirements outlined in the Asbestos ATCM for
Construction, Grading, Quarrying, and Surface Mining Operations. If NOA is
not present, an exemption request must be filed with the District. If NOA is
found at the site the applicant must comply with all requirements outlined in the
Asbestos ATCM. This may include development of an Asbestos Dust Mitigation
Plan and an Asbestos Health and Safety Program for approval by the APCD.
Should Naturally Occurring Asbestos be identified within the area of
construction, and the worked area will be less than or equal to one acre, then
the dust control measures identified below are required. If the disturbed area is
greater than one acre, additional requirements may include but are not limited
to 1) an Asbestos Dust Mitigation Plan which must be approved by the District
before construction begins, and 2) an Asbestos Health and Safety Program will
also be required for some projects.
Dust Control Measures for Construction and Grading Operation Projects One
Acre or Less: No person shall engage in any construction or grading operation
on property where the area to be disturbed is one (1.0) acre or less unless all of
the following dust mitigation measures are initiated at the start and maintained
throughout the duration of the construction or grading activity:
(A) Construction vehicle speed at the work site must be limited to fifteen(15)
BP BS 3.b.1
47
Conditions of Approval /
Mitigation Monitoring Program
8570 El Corte Road
PLN 2099-0795
Timing
BL: Business
License
GP: Grading
Permit
BP: Building
Permit
FI: Final
Inspection
TO: Temporary
Occupancy
FO: Final
Occupancy
Responsibil
ity
/Monitoring
PS: Planning
Services
BS: Building
Services
FD: Fire Department
PD: Police
Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
miles per hour or less;
(B) Prior to any ground disturbance, sufficient water must be applied to the
area to be disturbed to prevent visible emissions from crossing the
property line;
(C) Areas to be graded or excavated must be kept adequately wetted to
prevent visible emissions from crossing the property line;
(D) Storage piles must be kept adequately wetted, treated with a chemical
dust suppressant, or covered when material is not being added to or
removed from the pile;
(E) Equipment must be washed down before moving from the property onto a
paved public road; and
(F) Visible track-out on the paved public road must be cleaned using wet
sweeping or a HEPA filter equipped vacuum device within twenty-four
(24) hours.
Mitigation Measure 3.b.2: Naturally Occurring Asbestos (NOA) has been identified by
the state Air Resources Board as a toxic air contaminant. Serpentine and ultramafic
rocks are very common in the state and may contain naturally occurring asbestos.
Under the State Air Resources Board Air Toxics Control Measure (ATCM) for
Construction, Grading, Quarrying, and Surface Mining Operations, prior to any grading
activities at the site, the project proponent shall ensure that a geologic evaluation is
conducted to determine if naturally occurring asbestos is present within the area that
will be disturbed. If naturally occurring asbestos is found at the site the applicant must
comply with all requirements outlined in the Asbestos ATCM for Construction, Grading,
Quarrying, and Surface Mining Operations. These requirements may include but are
not limited to 1) an Asbestos Dust Mitigation Plan which must be approved by t he
District before construction begins, and 2) an Asbestos Health and Safety Program will
also be required for some projects.
BP PS 3.b.2
Mitigation Measure 4.b.1: Replace willow tree removals at a ratio of 3:1 for any willow
removals necessary to construct the pedestrian connection to La Linia Ave. Willow
stakes shall be spaced approximately 4-feet apart according to ACOE
recommendations. Stakes shall be placed deep enough to reach water during summer
months with 50% - 80% of the stakes below ground. W illow stakes should be collected
from existing native willow trees in the vicinity of the project area (preferably the ones
being removed).
BP PS 4.b.1
Mitigation Measure 4.b.2: prior to issuance of building permits, the Cottonwood tree
shall be treated to eliminate existing mistletoe plants.
GP PS 4.e.4
Mitigation Measure 4.e.1: The Grading Plan shall identify tree protection fencing
around the dripline, or as recommended by the project arborist, of each existing on -
site or off-site native tree.
GP/BP PS 4.e.1
48
Conditions of Approval /
Mitigation Monitoring Program
8570 El Corte Road
PLN 2099-0795
Timing
BL: Business
License
GP: Grading
Permit
BP: Building
Permit
FI: Final
Inspection
TO: Temporary
Occupancy
FO: Final
Occupancy
Responsibil
ity
/Monitoring
PS: Planning
Services
BS: Building
Services
FD: Fire Department
PD: Police
Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
Mitigation Measure 4.e.2: Grading and excavation and grading work shall be
consistent with the City of Atascadero Tree Ordinance. Special precautions when
working around native trees include:
1. All existing trees outside of the limits of work shall remain.
2. Earthwork shall not exceed the limits of the project area.
3. Low branches in danger of being torn from trees shall be pruned prior to any
heavy equipment work being done.
4. Vehicles and stockpiled material shall be stored outside the dripline of all
trees.
5. All trees within the area of work shall be fenced for protection with 4 -foot
chain link, snow or safety fencing placed per the approved tree protection
plan. Tree protection fencing shall be in place prior to any site excavation or
grading. Fencing shall remain in place until completion of all construction
activities.
6. Any roots that are encountered during excavation shall be clean cut by hand
and sealed with an approved tree seal.
GP PS 4.e.2
49
Conditions of Approval /
Mitigation Monitoring Program
8570 El Corte Road
PLN 2099-0795
Timing
BL: Business
License
GP: Grading
Permit
BP: Building
Permit
FI: Final
Inspection
TO: Temporary
Occupancy
FO: Final
Occupancy
Responsibil
ity
/Monitoring
PS: Planning
Services
BS: Building
Services
FD: Fire Department
PD: Police
Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
Mitigation Measure 4.e.3: The developer shall contract with a certified arborist during
all phases of project implementation. The certified arborists shall be responsible for
monitoring the project during all phases of construction through project completion, as
follows:
(a) A written agreement between the arborist and the developer outlining an 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.
(c) As specified by the arborist report and City staff:
Prune all trees in active development areas to be saved for structural strength
and crown cleaning by a licensed and certified arborist;
Remove all debris and spoils from the lot cleaning and tree pruning.
In locations where paving is to occur within the tree canopy, grub only and do
not grade nor compact. Install porous pavers over a three -inch bed of ¾ inch
granite covered with one-inch pea gravel for screeding. If curbs are required,
use pegged curbs to secure the porous pavers. Pegged curbs are reinforced
six to eight curbs poured at grade with a one-foot by one-foot pothole every
four to six linear feet.
All trenching or grading within the protected root zone area, outside of the tree
protection fence shall require hand trenching or preserve and protect roots that
are larger than 2 inches in diameter.
No grading or trenching is allowed within the fenced protected area.
Any roots that are 4 inches in diameter or larger are not to be cut until
inspected and approved by the on-site arborist.
(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.
GP PS 4.e.3
Mitigation Measure 6.b: 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.
GP CE 6.b
Mitigation Measure 6.c.d: A soils report shall be required to be submitted with a future
building permit by the building department. The building plans will be required to follow
the recommendations of the soils report to assure safety for residents and buildings.
GP BS 6.c.d
50
Conditions of Approval /
Mitigation Monitoring Program
8570 El Corte Road
PLN 2099-0795
Timing
BL: Business
License
GP: Grading
Permit
BP: Building
Permit
FI: Final
Inspection
TO: Temporary
Occupancy
FO: Final
Occupancy
Responsibil
ity
/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
entry of pollutants into storm water runoff.
BP CE 8.e.f
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 work orders.
BP BS,PS,CE 8.ef.2
Mitigation Measure 11.d: All construction activities shall comply with the City of
Atascadero Noise Ordinance for hours of operation.
Ongoing BS/PS 11.d
Mitigation Measure 15.a.b.1: Frontage improvements shall be required along El Corte
Rd and La Linia Ave. Additional improvements may be required, subject to the
approval of the City Engineer.
BP CE 15.a.b.1
51
EXHIBIT C: Master Plan of Development/Site Plan – See project file for full size exhibit
52
EXHIBIT D: Grading Plan – See project file for full size rendering
53
EXHIBIT E: Architectural Elevations and Floor Plans
54
EXHIBIT E: Architectural Elevations and Floor Plans
55
EXHIBIT E: Architectural Elevations and Floor Plans
56
EXHIBIT E: Architectural Elevations and Floor Plans
57
EXHIBIT E: Architectural Elevations and Floor Plans
58
EXHIBIT F: Color Boards - refer to project file
Lot 1 Lot 2
Lot 3 Lot 4
59
EXHIBIT F: Color Boards - refer to project file
Lot 5 Lot 6
Lot 7
60
EXHIBIT G: Utility Plan
61
EXHIBIT G: Landscape Plan
62
ATTACHMENT 8: Draft PC Resolution 2016-B
Reconsideration / Amendment Vesting Tentative Tract Map
DRAFT PC RESOLUTION 2016-B
RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ATASCADERO, CALIFORNIA, AMENDING AN
APPROVED TENTATIVE SUBDIVISION MAP (TTM) 2006-0082, A
SEVEN LOT SUBDIVISION CONSISTENT WITH A MASTER PLAN OF
DEVELOPMENT ON
APN 030-421-005
(8570 El Corte LLC)
WHEREAS, an application has been received from 8570 El Corte, LLC (125 South
Bowling Green Way, Los Angeles, CA 90049) Applicant and Property Owner, to consider a and
amendment to an approved Master Plan of Development and Vesting Tentative Tract Map
located at 8570 El Corte Road, (APN 030-421-005); and,
WHEREAS, the site’s Zoning District is RSF-X (Residential Single-Family-X) to with a
Planned Development Overlay (PD-17) and,
WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2006-0031 was
prepared and certified for the project on June 12, 2007 and was made available for public review
in accordance with the requirements of the California Environmental Quality Act (CEQA); and,
WHEREAS, the City Council of the City of Atascadero, approved a Vesting Tentative
Subdivision Map to subdivide the property at a duly noticed public hearing on June 12, 2007;
WHEREAS, an application was received by the City of Atascadero to amended Vesting
Tentative Subdivision Map 2006-0031) and the application was reviewed and deemed to be
consistent with certified Mitigated Negative Declaration 2006-0031; and,
WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed
Public Hearing held on February 2, 2016 studied and considered amendments to approved
Vesting Tentative Tract Map 2006-0082, after first studying and considering the Proposed
amendments to the Master Plan of Development prepared for the project, and
NOW THEREFORE, the Planning Commission of the City of Atascadero takes the
following actions:
SECTION 1. Findings of Amendments and Reconsideration of Tentative Vesting
Subdivision Map 2006-0082, the Planning Commission of the City of Atascadero finds as
follows:
63
1. The proposed subdivision amendments, design and improvements as conditioned, is
consistent with the General Plan and applicable zoning requirements, including
provisions of the PD-17 overlay district.
2. The proposed amendments, as conditioned, are consistent with the Master Plan of
Development (CUP 2006-0178).
3. The site is physically suitable for the type of development proposed.
4. The site is physically suitable for the density of development proposed.
5. The design and improvement of the proposed subdivision will not cause substantial
environmental damage or substantially and unavoidably injure fish and wildlife or their
habitat.
6. The design of the subdivision will not conflict with easements acquired by the public at
large for access through, or the use of property within, the proposed subdivision; or
substantially equivalent alternative easements are provided.
7. The proposed subdivision design and type of improvements proposed will not be
detrimental to the health, safety or welfare of the general public.
SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a
regular session assembled on February 2, 2016, resolved to approve amendments and
reconsideration of Vesting Tentative Subdivision Map (TTM 2006-0082) subject to the
following:
1. Exhibit A: Vesting Tentative Subdivision Map
2. Exhibit B: Conditions of Approval / Mitigation Monitoring Program.
64
BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith b y
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
______________________________
Planning Commission Chairperson
Attest:
______________________________
Phil Dunsmore
Planning Commission Secretary
65
Exhibit A: Tentative Tract Map
66
Exhibit B: Conditions of Approval / Mitigation Monitoring Program
Tentative Subdivision Map 2006-0088
Conditions of Approval /
Mitigation Monitoring Program
8570 El Corte Road
PLN 2099-0795 – Vesting Tentative Subdivision Map
Timing
BL: Business
License
GP: Grading
Permit
BP: Building
Permit
FI: Final
Inspection
TO: Temporary
Occupancy
FO: Final
Occupancy
Responsibil
ity
/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. This resolution shall supersede City Council Resolution No. 2007-048. All
conditions of approval / mitigation contained PC Resolution 2016-00XX shall
be utilized for final map approval.
FM PS
2. 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%, (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.
BP / FM PS, CE
3. Vesting Tentative Subdivision Map was deemed complete on January, 11, 2016, for
the purposes of vesting rights consistent with the Subdivision Map Act of the State of
California.
BP / FM PS, CE
4. Vesting Tentative Subdivision Map 2006-0031 shall expire on February 2, 2018,
unless the map is accepted by the City Council, or the subdivision map is extended
consistent with the Atascadero Municipal Code.
BP / FM PS, CE
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 subdivision.
Ongoin
g
PS
6. All Conditions of Approval and Mitigation Measures listed in PC Resolution 2016-A
shall be in full force and shall be applicable to the Vesting Tentative Subdivision Map.
FM PS
7. Affordable Housing Requirement: The applicant shall deed restrict one unit at the
moderate income rate or shall pay in-lieu fees for each unit based on 5% of the
construction valuation of each unit.
GP/BP
PS, CA
8. 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.
BP PS
67
Conditions of Approval /
Mitigation Monitoring Program
8570 El Corte Road
PLN 2099-0795 – Vesting Tentative Subdivision Map
Timing
BL: Business
License
GP: Grading
Permit
BP: Building
Permit
FI: Final
Inspection
TO: Temporary
Occupancy
FO: Final
Occupancy
Responsibil
ity
/Monitoring
PS: Planning
Services
BS: Building
Services
FD: Fire Department
PD: Police
Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
All Atascadero Fire Department service costs to the project.
Off-site common City of Atascadero park facilities maintenance service costs
related to the project.
9. 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 the responsibility of
the Home Owners Association.
a) All streets, bridges, sidewalks, streetlights, street signs, roads, emergency
access roads, emergency access gates, and sewer mains within the project.
b) All parks, trails, recreational facilities and like facilities.
c) All open space and native tree preservation areas.
d) All drainage facilities and detention basins.
e) All creeks, flood plains, floodways, wetlands, and riparian habitat areas.
f) All common landscaping areas, street trees, medians, parkway planters,
manufactured slopes outside private yards, and other similar facilities.
g) All frontage landscaping and sidewalks along arterial streets
BP PS
10. Prior to final map, the applicant shall submit CC&Rs for review 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 in perpetuity.
b) A detailed list of each individual homeowner’s responsibilities for
maintenance of the individual units.
c) Residents shall keep all trash receptacles within the unit’s designated trash
storage area.
d) Garages shall be maintained and used for vehicle parking.
e) No boats, RV’s or other type of recreation vehicle may occupy a guest or
resident parking space, including within an individual garage.
BP PS, BS
68
Conditions of Approval /
Mitigation Monitoring Program
8570 El Corte Road
PLN 2099-0795 – Vesting Tentative Subdivision Map
Timing
BL: Business
License
GP: Grading
Permit
BP: Building
Permit
FI: Final
Inspection
TO: Temporary
Occupancy
FO: Final
Occupancy
Responsibil
ity
/Monitoring
PS: Planning
Services
BS: Building
Services
FD: Fire Department
PD: Police
Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
11. 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
City Engineer Project Conditions
12. The public walkway between Erika Court shall be contained within a public access
easement.
FM CE
13. Erika Court shall be located within a public access easement. FM CE
14. The internal street shall be improved consistent with City Standards shall be offered
as a public right-of-way. Typical street section shall provide 36 feet curb-curb within
a 50-feet wide right-of-way. The cul-de-sac shall be designed in accordance with
City Standard No. 415 with 34-feet curb radius.
15. The internal street shall be improved with a 5-feet wide integral sidewalk-curb-gutter
per City Standard No. 419. Driveway ramps shall be installed at each lot per City
Standard No. 423 and shall include a 4-feet wide sidewalk that wraps behind the
ramp. The new sidewalk shall terminate at the curb returns on El Corte and shall
have a center ADA compliant pedestrian ramp. The end of the sidewalk may require
a transition of asphalt-concrete to connect the sidewalk to the shoulder on El Corte.
16. The El Corte Road shoulder, including AC dike of curb & gutter, shall be improved to
transition to the new street and to convey street drainage to the existing over-side
drain at the corner of El Corte and La Linia. El Corte Road improvements shall also
include a defined shoulder of compacted Class II aggregate base.
17. The developer shall provide hydraulic calculations for post-development storm water
run-off tributary to El Corte and the existing over-side drain at the corner of El Corte
and La Linia. Should said calculations determine that the existing over-side drain is
undersized for the added storm water run-off, the developer shall be responsible for
modification to the over-side drain.
18. The developer shall plant street trees along all street frontages, to the satisfaction of
the Public Works Director and Community Development Director. Street trees shall
be planted between 10 feet and 15 feet of the sidewalk or AC dike. One street tree
shall be planted for each 35 linear feet (or portion thereof) of road frontage. Street
69
Conditions of Approval /
Mitigation Monitoring Program
8570 El Corte Road
PLN 2099-0795 – Vesting Tentative Subdivision Map
Timing
BL: Business
License
GP: Grading
Permit
BP: Building
Permit
FI: Final
Inspection
TO: Temporary
Occupancy
FO: Final
Occupancy
Responsibil
ity
/Monitoring
PS: Planning
Services
BS: Building
Services
FD: Fire Department
PD: Police
Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
trees may be grouped if approved by the Community Development Director.
19. Public sewer, water, gas, power, telecommunications and cable TV mains shall be
extended from El Corte Road into the new street, to the satisfaction of the City
Engineer.
City Engineer Standard Conditions
20. In the event that the applicant bonds for the public improvements required as a
condition of this map, the applicant shall enter into a Subdivision Improvement
Agreement with the City Council.
GP, BP CE
21. 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.
GP, BP CE
22. The Subdivision Improvement Agreement shall record concurrently with the Final
Map.
FM CE
23. A six (6) foot Public Utility Easement (PUE) shall be provided contiguous to the
property frontage.
GP, BP CE
24. 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.
GP, BP CE
25. Slope easements shall be obtained by the applicant as needed to accommodate cut
or fill slopes.
GP, BP CE
26. Drainage easements shall be obtained by the applicant as needed to accommodate
both public and private drainage facilities.
GP, BP CE
27. A preliminary subdivision guarantee shall be submitted for review in conjunction with
the processing of the tract map.
FM CE
28. 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
29. Prior to recording the tract map, the applicant shall pay all outstanding plan
check/inspection fees.
FM CE
30. Prior to recording the map, the applicant shall bond for or complete all improvements
required by these conditions of approval.
FM CE
31. Prior to recording the tract map, the applicant shall bond for or set monuments at all
new property corners. A registered civil engineer or licensed land surveyor shall
FM CE
70
Conditions of Approval /
Mitigation Monitoring Program
8570 El Corte Road
PLN 2099-0795 – Vesting Tentative Subdivision Map
Timing
BL: Business
License
GP: Grading
Permit
BP: Building
Permit
FI: Final
Inspection
TO: Temporary
Occupancy
FO: Final
Occupancy
Responsibil
ity
/Monitoring
PS: Planning
Services
BS: Building
Services
FD: Fire Department
PD: Police
Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
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.
32. 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 Subdivision Map Act and the City's Subdivision Ordinance.
FM CE
33. All existing and proposed utility, pipeline, open space, or other easements are to be
shown on the final/parcel map. If there are building or other restrictions related to the
easements, they shall be noted on the final/parcel map. The applicant shall show all
access restrictions on the final/parcel map.
FM CE
34. 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 parcel map.
FM CE
35. Prior to the issuance of building permits the applicant shall submit plans and
supporting calculations/reports including street improvements, underground utilities,
composite utilities, and grading/drainage plans prepared by a registered civil
engineer for review and approval by the City Engineer.
GP, BP CE
36. 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
37. Provide for the detention and metering out of developed storm runoff so that it is
equal to or less than undeveloped storm runoff.
GP, BP CE
38. Drainage basins shall be designed to desilt, detain and meter storm flows as well as
release them to natural runoff locations.
GP, BP CE
39. Show the method of dispersal at all pipe outlets. Include specifications for size & type
of rip rap.
GP, BP CE
40. 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 cannot be obtained the storm water release must follow the exact historic
path, rate and velocity as prior to the subdivision.
GP, BP CE
41. Applicant shall submit erosion control plans and a Storm Water Pollution Prevention
Plan (SWPPP). The Regional Water Quality Control Board shall approve the
GP, BP CE
71
Conditions of Approval /
Mitigation Monitoring Program
8570 El Corte Road
PLN 2099-0795 – Vesting Tentative Subdivision Map
Timing
BL: Business
License
GP: Grading
Permit
BP: Building
Permit
FI: Final
Inspection
TO: Temporary
Occupancy
FO: Final
Occupancy
Responsibil
ity
/Monitoring
PS: Planning
Services
BS: Building
Services
FD: Fire Department
PD: Police
Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
SWPPP.
42. 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
43. The on-site streets shall be improved consistent with the Tentative Tract Map. GP, BP CE
44. Off-site streets shall be improved consistent with the Tentative Tract Map. GP, BP CE
45. Alignment of frontage improvements shall be approved by the City Engineer. GP, BP CE
46. A mechanism to provide for the funding of maintenance for lighting, street
improvements, special paving surfaces, sewer, storm drain, common area
landscape, open space, and hardscape shall be provided.
GP, BP CE
47. All utilities shall be undergrounded on project frontage GP, BP CE
48. A mechanism must be provided to fund the maintenance of all sewer mains
throughout the project area. The developer shall establish a benefit maintenance
assessment district, or similar funding mechanism, approved by the City, to provide
sufficient funds, on an annual basis, to pay for the maintenance activities on the
sewer mainline and related facilities within the project area.
GP, BP CE
49. All onsite sewer mains shall be privately owned and maintained. FM CE
50. Prior to recording the final map, provisions for the repair and maintenance of the
private SS shall be included in the CC&R’s for this tract. Included shall be a
mechanism to maintain the private sewer and structures, such as a homeowners
association. The City Engineer and City Attorney shall approve the final form prior to
recordation.
FM CE
51. Applicant shall pay sewer extension (Annexation), Connection and Reimbursement
fees (if applicable) upon issuance of building permit.
BP CE
52. Gravity mains within the subdivision shall be eight (8) inches in diameter. BP CE
53. Drainage piping serving fixtures which have flood level rims located below the
elevation of the next upstream manhole cover of the public or private sewer serving
such drainage piping shall be protected from backflow of sewage by installing an
approved type backwater valve. Fixtures above such elevation shall not discharge
through the backwater valve.
BP CE
54. All sanitary sewer (SS) mains shall terminate in manholes unless extension of the
main, at some later date, is anticipated. If extension of a SS main is anticipated, said
SS main may terminate in a cleanout providing the next downstream manhole is less
than 300 linear feet from the cleanout and that the point of termination is not a
BP CE
72
Conditions of Approval /
Mitigation Monitoring Program
8570 El Corte Road
PLN 2099-0795 – Vesting Tentative Subdivision Map
Timing
BL: Business
License
GP: Grading
Permit
BP: Building
Permit
FI: Final
Inspection
TO: Temporary
Occupancy
FO: Final
Occupancy
Responsibil
ity
/Monitoring
PS: Planning
Services
BS: Building
Services
FD: Fire Department
PD: Police
Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
Mitigation
Measure
reasonable location for a SS main angle point or intersection.
73
ITEM NUMBER: 4
DATE: 2-2-16
Atascadero Planning Commission
Staff Report – Community Development Department
Kelly Gleason, Senior Planner, 470-3446, kgleason@atascadero.org
PLN 2014-1529
Halcon Residential Density Change / ConsciousBuild Residential
Planned Development
(CousciousBuild Atascadero Dev. LLC.)
RECOMMENDATIONS:
The Planning Commission recommends to the City Council the following:
1. Adopt Resolution PC 2016-A, recommending to the City Council certification of
mitigated negative declaration 2015-0007 based on findings; and
2. Adopt Resolution PC 2016-B, recommending to the City Council approval of General
Plan Amendment 2014-0030 based on findings; and
3. Adopt Resolution PC 2016-C, recommending to the City Council approval of Title 9
Zone Text Amendment ZCH 2015-0178 establishing PD overlay zone 33 based on
findings; and
4. Adopt Resolution PC 2016-D, recommending to the City Council approval of Zone
Map Amendment ZCH 2014-0175 based on findings; and
5. Adopt Resolution PC 2016-E recommending to the City Council approval of
Conditional Use Permit 2014-0284 (Master Plan of Development) and Tree Removal
Permit TRP 2014-0178 based on findings and subject to Conditions of Approval and
Mitigation Monitoring; and
6. Adopt Resolution PC 2016-F recommending to the City Council approval of
Tentative Subdivision Map TTM 2014-0108, based on findings and subject to
Conditions of Approval and Mitigation Monitoring.
74
DRC REVIEW:
The DRC reviewed the proposed amendments and made recommendations which have
been incorporated into the project.
DISCUSSION:
Situation and Facts:
1. Applicant: ConsciousBuild Atascadero Dev. LLC.
2921 Garibaldi Ave
San Luis Obispo, CA 93401
2. Owners: ConsciousBuild Atascadero Dev. LLC.
2921 Garibaldi Ave
San Luis Obispo, CA 93401
Ben and Amanda Poore
11675 Halcon Rd
Atascadero, CA 93422
Carol Ratzlaff
11745 Halcon Rd
Atascadero, CA 93422
Mike and Laura Joy
11885 Halcon Rd
Atascadero, CA 93422
Shawn Sarnecki
11845 Halcon Rd
Atascadero, Ca 93422
Pat and Terri Rodda
11855 Halcon Rd
Atascadero, Ca 93422
Jeannie Dagnall
11875 Halcon Rd
Atascadero, CA 93422
3. Address: 11955 & 11975 Viejo Camino; 11675, 111745, 11885,
11845, 11855, 11875 Halcon Rd (APN’s 045-401-003,
& 004 and 045-401-014, 013, 010, 009, 018, & 017)
4. Current General Plan: Suburban Estates (SE)
75
5. Proposed General Plan: Single-Family Residential – Y (1 du/ac)
Single-Family Residential – X (2 du/ac)
6. Current Zoning District: Residential Suburban (RS)
7. Proposed Zoning District: Residential Single-Family – Y (1 du/ac)
Residential Single-Family – X (2 du/ac)
8. Project Area: Approximately 37.7 acres
9. Existing Use: Single-family residential / Vacant
10. Environmental Status: Proposed Mitigated Negative Declaration 2015-0007
Surrounding Land Use and Setting:
North: Paloma Park
East: Small Lot Single-Family/Multi-Family (Las Lomas Development)
South: Large Lot Single-family – County Parcels
West: Public zoned land (Existing Single-family / schools / church)
PROJECT DESCRIPTION:
76
The requested General Plan Amendment and Zone Change encompasses 37.7 acres
on the south end of the City along Halcon Rd. The project area consists of eight (8)
existing parcels and is divided into two adjoining project packages as follows:
The Groves project:
Comprised of two (2) existing lots at the corner of Viejo Camino and Halcon Rd.
17 units proposed
General Plan Amendment: SFR-X (2 du/ac)
Zone Map Amendment: RSF-X (2 du/ac)
Planned development (PD) Overlay Zone Text Amendment
Conditional Use Permit (Master Plan of Development): architecture, road layout, and
landscaping.
Tentative Tract Map: subdivision into 17 single family parcels ranging in size from
0.25-acre to over 1-acre.
Tree Removal Permit
The Neighbors project:
Comprised of six (6) existing parcels fronting Halcon Rd
Maximum development potential of 28 lots that could be available for future
development (no subdivision or development proposed at this time).
General Plan Amendment: SFR-Y (1 du/ac)
Zone Map Amendment: RSF-Y (1 du/ac)
Planned development (PD) Overlay Zone Text Amendment
The project site is bordered by rural residential county properties, Paloma Park, the Las
Lomas development, and public zoned land between Viejo Camino and El Camino
Real. The project is in close proximity to a nu mber of small-lot single-family and multi-
family developments including Las Lomas, Dove Creek, and Southside Villas.
77
ANALYSIS:
Project Design
The Neighbor portion of the
project, excluding the two existing
parcels, are designed to take
access off of Halcon Rd. Based on
the submitted traffic analysis, the
future roads serving the neighbor
parcels must be consolidated and
analyzed for adequate sight-
distance when submitted. This will
allow for two cul-de-sac access
roads off of Halcon to serve a
majority of the remaining neighbor
parcels, creating a more cohesive
neighborhood design and
minimizing traffic conflicts on
Halcon Rd
The Groves portion of the project
is designed to take access off of
Viejo Camino. The subdivision is
designed to provide access to two
of the existing Neighbor parcels
once they develop. The Viejo
Camino entrance narrows at the
intersection to slow traffic in order
to eliminate potential conflicts with
the proposed on-street parking.
Access to parcels within the
subdivision is provided by private
roads and shared driveways. On-
street parking has been provided
throughout the subdivision to allow
for guest parking in addition to
parking in garages and private
driveways.
Viejo Camino
Entrance to The Groves
Halcon
Entrances
To The Neighbor
Parcels
Paloma
Park
78
Planned Development Overlay Zone Policy:
The Planned Development Benefit Policy was established by the City Council in 2004. It
requires that planned development projects offer community benefits in exchange for
modified development standards. The benefit chart is shown below. All Tier 1 benefits
are considered mandatory.
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
The projects include the following benefits:
The Groves
Tier1 (required elements, also includes Tier 1 Urban Core Benefits):
Affordable Housing (Payment of in-lieu fee as discussed below)
High Quality Architectural Design
High Quality Landscape Design
Buffering between urban and suburban land uses
Higher Density Housing
Natural Open Space Preservation
Tier 2 (optional benefits):
Pedestrian connectivity
The Neighbors
Tier1 (required elements):
Affordable Housing (Payment of in-lieu fee as discussed below)
High Quality Architectural Design (DRC review required for future clustered
development projects)
79
High Quality Landscape Design at the project edges incorporating street trees
and pathway landscaping as discussed below.
Buffering between urban and suburban land uses
Higher Density Housing
Natural open space preservation
Tier 2 (optional benefits):
Pedestrian connectivity
Parking:
Parking for residential units within The Groves development will be provided in garages.
Road standards for residential developments require that on -street parking be
maximized for guest parking opportunities. The Groves portion of the project has been
designed to provide approximately 32 on-street parking spaces. In addition, all
proposed parcels can accommodate at least two (2) cars within the residential
driveways.
The Neighbor parcels will be rezoned to RSF-Y, requiring a 1-acre minimum lot size.
Based on the size of these parcels, on-street parking will not be required. Language has
been included in the PD-33 text to require on-street parking should a cluster
development be proposed with lot sizes below a half -acre in size.
Architecture, Materials, and Color:
A Master Plan of Development in the form of a Conditional Use Permit (CUP 2014-
0284) has been submitted for The Groves portion of the project site. This application will
govern individual site and architectural design themes for the Groves project.
Architectural guidance for the Neighbor parcels will be codified in the PD overlay
language. The City Councils Planned Development Benefit Policy requires that a finding
be made that the project provides high quality arch itectural design. A finding has been
included in the attached resolutions to this effect. Based on the analysis below, staff
believes that this finding can be affirmed.
The project went before the DRC in November 2015. The DRC reviewed the project for
subdivision layout, architectural design, landscape design, and sound wall design and
integration. DRC discussion points and recommendations are discussed below as
applicable.
The Neighbor Parcels:
The neighbor parcels may develop individually or may be combined for future mapping
and development. No specific development or subdivision has been proposed at this
time, only the rezoning that would allow a subdivision in the future. These parcels will
allow for a density of 1 du/ac. Under this scenario, two optio ns for development exist: 1)
If sewer is present, development may be clustered and smaller lots may be approved
80
providing that the overall site density remain at 1 du/ac; 2) The lots may follow the
standard minimum lot size of 1-acre, providing a more larger-lot development with more
rural home sites.
If the project develops with larger 1-acre or greater lots, review of residential design will
be completed by staff at time of building permit. If a cluster development is proposed
over any portion of the site, the project will be brought to DRC for review and direction.
Language will be included in the PD overlay zone text to this effect.
The DRC discussed this approach and recommended that this approach be included in
the project approvals. Language has been included in the PD33 overlay text to this
effect. A finding is required that the project provides high quality architectural design in
order to be approved under the Planned Development Overlay Policy. ThePD33 text
ensures that cluster developments will have all architecture and site design elements
reviewed by the DRC, allowing for oversight of the aesthetic components of any such
future project. If the Neighbor parcels subdivide into larger parcels of 1-acre or greater,
residences will likely be built as custom homes at a higher price point than standard
small lot planned development sites. Based on this, staff has included a finding in the
attached resolutions to affirm the required PD Benefit Policy finding.
The Groves Project:
The submitted CUP application includes detailed architectural concept plans for the
Groves portion of the project (see attachment 9 for concept plans). The proposed
architecture theme is contemporary agrarian in nature with many details consistent with
ranch style homes. The proposed homes include dark colored standing seem metal
roofing, board and batten siding, horizontal wood siding, and stone accents. Homes are
designed with a mix of 1- and 2-story elements. Elevations include articulated horizontal
and vertical elements to break up the mass of the building and accentuate the building
form.
The DRC reviewed the proposed architectural design. There was discussion related to
the compatibility of the proposed design theme with the surrounding neighborhood.
There was some concern that the more modern architectural style may provide
compatibility issues with the surrounding neighborhood. However, it was also discussed
that the larger lot sizes and landscaping provides greater residential separation that
normally seen on Planned Development projects, minimizing the aggregate effect of the
building aesthetics. Discussion also touched on allowing differing architectural styles
throughout the City to provide aesthetic variety. The massing and architectural detailing
of the buildings provide visual interest. The project provides 360 -degree architecture
minimizing blank and unarticulated walls. Based on these considerations, n o changes to
the project architecture were recommended by the DRC.
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Landscape Plan:
The Master Plan of Development for the Groves portion of the project includes
landscape design details. Landscaping for the Neighbor parcels, including requirements
for street tree planting and drought-tolerant plant palettes will be included in the PD
overlay language. Consistent with the PD Benefit Policy, a finding must be made that
the project includes high quality landscaping.
The Groves:
The landscape proposed for The Groves development has been designed to retain the
natural vegetation to a great extent and be minimalistic in nature. Areas adjacent to the
residences will be landscaped with a native plant palette. The remaining portion of the
parcels will retain the existing landscape. All areas of disturbed earth not landscaped
with drought-tolerant plants will be hydroseeded with a native grass mixture.
Proposed fencing includes rural split rail fences along the project boundary and for front
yards internal to the project. Solid wood fencing is proposed for private yard areas
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where not adjacent to Viejo Camino. Language is included in the Planned Development
Overlay Zone to ensure that solid fencing of private yard areas adjacent to Viejo
Camino be minimized and maintain an adequate setback from the public improvements
and rural style fencing.
The DRC recommended that a minimum 10-foot setback from the split rail fencing be
established for structures and solid fencing along the Viejo Camino frontage to provide
consistency throughout the development and adequate setback from the required
pedestrian path. This would allow the future residents to erect privacy fencing for
portions of the rear yard while maintaining an aesthetic project edge.
Street trees will be provided along Viejo Camino and Halcon Roads. The lots face
internal roads in the proposed Groves development, which places rear yards adjacent to
Viejo Camino. Open style fencing is conditioned to be setback a minimum of 5 -feet from
the back of pedestrian path and landscape be provided between the path and the
fencing to minimize the visual impact along the public street frontage. Language for the
provision of street trees along Halcon will be included in the Planned Development
Overlay Zone. Deviations from the standard 30-foot spacing may be allowed to provide
for rural street tree clustering, topographical feature avoidance, and to avoid drainage
feature conflicts as applicable and where approved by the Community Development
Director and City Engineer.
Visual Buffering
The proposed project is bounded in the City by higher density developments and public
uses. However, residential uses within the County jurisdiction to the south remain rural
in nature and occupy larger estate lots. In addition, Paloma Park is located off of Viejo
Camino and Halcon Rd across from the project site. As such, the visual character of the
project edges is an important feature. The Groves portion of the project has been
designed to cluster development away from Santa Barbara Rd and the existing rural
county parcels. A majority of the oak woodland along the eastern port ion of the project
site has been retained by clustering lots to the north western portion of the site. The
landscape plan also shows proposed tree planting in the rear yard areas of Lot 7 along
the Santa Barbara Rd. frontage. The project has been conditioned to enhance
landscaping in this area and provide lower shrubs as well as trees to visually screen the
development.
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The Neighbors:
Landscaping is required to be provided along the Halcon Rd frontage upon future
development of abutting parcels. Street trees and pathway landscaping are required
and will ensure that a consistent visual element is provided along the entirety of the
Halcon Rd frontage. Should future developers request a cluster subdivision over all or
part of the Neighbor parcels, a landscape plan will be required as part of the
development proposal, ensuring that a high quality design is achieved. Should the
parcels develop in a large-lot pattern, landscaping will remain rural in nature.
Native Tree Mitigation / Preservation:
The Groves:
There are 108 mature oak trees within The Groves project boundary. The project as
proposed will require the removal of 19 native trees. The majority of trees to be
removed are located near lots 15 and 16 in the residential portion of the development.
An additional tree is proposed for removal along Street -A. A finding is included,
consistent with the City’s Native Tree Ordinance, to allow for the removal of the
identified trees. In addition, a tree protection plan is required to be submitted with the
building permits for the project to ensure that the remaining trees are protected
throughout construction. All tree removals will be mitigated in accordance with the
provisions of the Native Tree Ordinance. The applicant is proposing a tree preservation
easement as mitigation for the proposed tree removals. The easement would be placed
on Lots 7 and 10 where oak trees are most dense.
Evergreen Native Trees (inches)Deciduous Native Trees (inches)Totals
dbh notes dbh notes
1 8-inches 1 52-inches
2 4-inches 2 16-inches
3 9-inches 3 8-inches
4 6-inches 4 30-inches
5 6-inches 5 4-inches
6 6-inches 6 10-inches
7 7-inches 7 13-inches
8 4-inches 8 10-inches
9 13-inches
10 10-inches
11 14-inches
12 12-inches
Total 99-inches Total 143-inches 242-inches
Mitigation Requirement
req'd tree replacements:17 five gal trees req'd tree replacements:48 five gal trees
Remaining Mitigation 17 five gal trees Remaining Mitigation 48 five gal trees 65 five gal trees
Tree Fund Payment:825.00$ Tree Fund Payment:2,383.33$ 3,208.33$
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The Neighbor Parcels
Tree removals would be analyzed and mitigated once development or improvement
plans are submitted. All tree removals will be mitigated per the requirements of the
Atascadero Native Tree Ordinance and tree protection measures will follow the
standards set forth in City guidelines.
Site Drainage:
The Groves portion of the project site has been designed to meet all City standards for
stormwater management. Drainage swales and three (3) on-site basins will integrate
with existing drainage patterns and mitigate additional flows caused by the increase in
impervious surfaces. The applicant has also incorporated permeable pavement into the
design for the residential driveways, minimizing to the extent possible the amount of
impermeable surfaces.
Neighbor parcels will be required to meet current City stormwater management
standards at the time of construction and development.
Wastewater and Utilities:
City wastewater facilities will be extended to The Groves portion of the project. The
developer will be required to cover the cost of extending these facilities, however,
reimbursement may be requested if properties outside of The Groves development
connect to any developer installed extensions in accordance with City ordinance.
Neighbor parcels 1-acre or greater will be allowed to be served by private on -site septic
systems. Should a cluster development be proposed over any portion or portions of the
Neighbor parcels resulting in lot sizes of less than 1-acre, sewer hook-up will be
required.
Inclusionary Housing
The City Council initiated an inclusionary housing program in 2003. The policy requires
that all residential discretionary projects that require a legislative act to provide for
affordable housing in the form of either fees paid into the City inclusionary housing fund
or the provision of affordable units within the project. The fee s payment was originally
set at 2.5% of the building valuation of each residence within the development but was
later raised to 5%. Per Council policy, projects of 10 units or less could opt to pay the
fees; projects of more than 10 units are required to construct affordable units.
The proposed development includes a General Plan Amendment, Zone Map
Amendment and Zone Text Change (legislative acts), the project shall comply with the
existing policy. In addition, the Planned Development Benefit policy requires that all
residential PD’s provide affordable housing as one of the required benefits.
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Under the current policy, up to nine (9) deed restricted affordable units at the moderate
rate would be required throughout the project site, including throughout the neighbor
parcels. The proposed project is unique in a number of ways and the applicant is
requesting an alternative to the adopted policy.
1. Neighbor Parcel development plan unknown
The affordable housing policy is applicable to the entirety of the pro ject area,
requiring the deed restriction of up to 9 units at the moderate income rate based
on total potential build-out of the project area. This presents a number of
challenges as the neighbor parcels will potentially develop individually and the
number of residences to be constructed is unknown.
a. Deed restricted lots would be required to be identified with the approval of
this project, any requirement to provide for the construction of affordable units
could place an undue burden on one or two of the property owners within the
development.
b. The project may end up providing more than the 20% requirement should
development occur below maximum build-out potential.
c. Based on the requirement for lots of less than 1 -acre to connect to City
sewer, affordable units designated within the Neighbor portion of the project
would not be able to be constructed as density bonus units unless a cluster
development plan was submitted and sewer was extended. This scenario does
not allow for the offset of costs associated with the provision of affordable units
as assumed by the current City Inclusionary Housing policy.
2. Economic challenges
Due to the location of the project on the edge of the City limits, costs to extend
infrastructure to serve the project and surrounding area exceed those normally
incurred by other projects and impacts to the Santa Barbara interchange trigger
fair share mitigation payment of approximately $15,879 per unit as discussed
below.
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3. Limited Density Bonus Potential
The proposed project has been designed to support compatibility with the
surrounding area and avoid impacts to sloped forested areas. As such, The
Groves portion of the project has been designed below the maximum density of
20 units. In addition, the neighbor portion of th e project would only be able to
implement a density bonus if sewer is available and a clustered development
plan is presented. Current Council policy recognizes the need to offset some of
the costs associated with providing affordable units by allowing any constructed
affordable units to be density bonus units. Because of the limitations of the
Groves project site and the need to provide for larger lots adjacent to existing
rural areas, additional units cannot be included in the project design. And
because the development pattern of the Neighbor parcels is unknown, the
inclusion of density bonus sites cannot be identified at this time. Therefore , the
applicant has limited means to offset costs associated with the construction of
affordable units.
Based on these factors, the applicant is requesting an alternative to the established City
Council policy which modifies two of the current provisions:
1. Instead of constructing affordable units, the applicant is requesting payment of
fees into the City’s inclusionary housing fund.
2. The applicant is requesting that the fee be reduced to 2.5% of the valuation of
each new residence instead of the current 5% requirement.
Staff has reviewed the applicants proposal and agrees that certain modifications to the
policy are warranted based on the specific characteristics and circumstances of the
project. The current policy allows for a request to be made to provide payment of the in -
lieu fee as an alternative to providing residential units. Staff recommends that this
alternative be considered. The current policy sets the in-lieu fee at 5% of the building
valuation of the constructed market rate units (approximately $15,000 for a 2 ,400 sf
residence). Staff recommends based on this adopted Council Policy that the in -lieu fee
remain at 5% for all residential units within the project area. The Council has the
ultimate authority to approve alternatives to the current policy. It should be noted that
this fee applies to all residential units within the project boundary including the existi ng
residences on the neighbor parcels. Payment of this fee would be triggered prior to
recordation of a future subdivision map proposed for the development of the Neighbor
Parcels. The fee is based on the square-footage of each residence.
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Tentative Tract Map
A 17-lot Vesting Tentative Tract Map (TTM 2014-0108) is proposed for The Groves
portion of the project. Subdivision and development of the Neighbor parcels is not
proposed at this time and will require future application.
The Groves:
The Vesting Tentative Subdivision Map (VTTM) includes project conditions to meet all
City standards. The applicant will be required to record CC&R’s with the Map that will
include maintenance provisions for drainage areas, open spaces, etc. throughout the
proposed development as needed.
Pedestrian and Bike Facilities:
Pedestrian and bike facilities are required for both Halcon Rd and Viejo Camino
consistent with the City’s Bike Master Plan and Trail Master Plan, and the
comprehensive SLOCOG Salinas River Trail Plan which focuses on linking Santa
Margarita to Paso Robles.
The project is responsible for the construction of a 10-foot wide detached multi-use trail
along Viejo Camino and Halcon Rd. This path will be decomposed granite or similar as
approved by the City Engineer. Landscaping is required to be provided between the
curb and the path. The Groves project is required to provide adequate easements to
accommodate the pathway improvements as specified in the project conditions. The
Neighbor parcels will provide easements and construct improvements upon each parcel
development. Language is included in the Planned Development Overlay Zone text to
this effect.
Within The Groves portion of the project, walkable shoulders are provided along
roadways throughout the development to accommodate pedestrians while maintaining
the rural character of the area and maximizing natural drainage control. Consolidated
access associated with the Development of the neighbor parcels will include walkable
shoulders along all new roads.
The traffic analysis recommended that a crosswalks be installed at the Viejo
Camino/Halcon intersection and the Viejo Camino/Santa Barbara intersection. Because
there are no existing pedestrian facilities along Santa Barbara between Viejo Camino
and El Camino Real, this crosswalk is not conditioned to be included as part of site
development. The crosswalk at Viejo Camino crossing Halcon Rd provides a key
connection from this neighborhood to Paloma Park. The intersection at this location is
wide to accommodate quarry truck traffic. The Groves project, as conditioned, will be
required to install a crosswalk at this location and work with the City Engineer to
implements any improvements required to provide safe pedestrian access at this
location.
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Traffic
A traffic analysis was prepared for the project site. The traffic analysis assumed 51 units
to provide a conservative analysis of the project related traffic impacts. Based on the
analysis, the project would result in 57 total PM peak hour trips. This numb er includes
the existing residences and therefore, additional PM peak hour trips from new units
would be slightly less. Slightly more than half of the project would take access off of
Viejo Camino with approximately 19 primary residential units taking access off of Halcon
Rd.
LOS at the study intersections (SB Rd/US 101, SB Rd/ECR, and SB Rd/Viejo Camino)
remains at LOS A or B under the Existing plus project scenario. LOS drops to
unacceptable levels at the SB/US101 interchange under the cumulative and cumulative
plus project scenarios. This is due to the inclusion of Eagle Ranch in the analysis. Refer
to the below Santa Barbara Mitigation Fee discussion for mitigation measures
associated with this cumulative impact.
Both Halcon and Viejo Camino are classified as Minor Arterials by the City. City
standards and specifications call for two vehicular travel lanes, on-street parking or
class II bike facilities, curb, gutter, and sidewalk. Bike facilities and pedestrian facilities
are required for these street sections. Based on traffic projections and area
development patterns, the City Engineer has called for build out of these roadways to
include two vehicular travel lanes, class II bike lanes, drainage control (i.e. curb and
gutter), and pedestrian pathway.
Due to the fact that these roads provide linkages to Paloma Park and the
comprehensive trail network proposed and approved by SLOCOG to link Santa
Margarita to Paso Robles, the project is required to provide an enhanced detached
pedestrian pathway along both project frontages in addition to Class II bike lanes as
discussed above.
The traffic analysis analyzed sight distance along Halcon Rd and Viejo Camino. The
report determined that sight-distance at the proposed Viejo Camino entrance met sight
distance standards and provided clear sight lines in excess of 400-feet. The report
identified concerns with sight-distance at the existing access points from Halcon Rd and
recommended that access points be consolidated and located an adequate distance
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away from the horizontal and vertical curves. Planned Development Overlay 33
language includes requirements for the consolidation of access from Halcon Rd and
requires a sight-distance analysis at the time plans are proposed to ensure that access
from Halcon Rd meets minimum sight-distance standards.
Santa Barbara Mitigation Fee:
As part of the Eagle Ranch project analysis, a traffic study was completed that shows
the need for re-construction of the Santa Barbara interchange to accommodate future
traffic growth in the area. The need for the improvements, which consist of roundabouts
at each on-ramp, are triggered by the Eagle Ranch development but are contributed to
by area developments that increase trip generation above what was anticipated by the
General Plan.
The proposed project will increase residential density above that which was anticipated
by the General Plan. The fair share for the improvements is $15,879 per unit based on
estimated construction costs for the improvements. A detailed cost estimate has not yet
been completed. Once the detailed cost analysis has been finalized, the fee will be
adjusted to reflect this analysis. A condition has been included to require fair share
payment toward the Santa Barbara interchange cost for all new residential units. The
payment will be required by both The Groves portion of the project and the Neighbor
portion of the project upon site development.
Noise
The noise analysis prepared for the project identified exterior noise levels for proposed
parcels adjacent to Viejo Camino and Halcon Roads in excess of maximum standards.
This is mostly due to the existing truck route from the nearby Quarry. As such, the
report recommends that the identified parcels provide exterior activity areas that are
either located outside of the high noise areas or are shielded from the noise source.
Many of the proposed unit plans for the Groves portion of the project are designed to
include shielded patio areas within the building footprints or are properly sited to
achieve adequate sound attenuation without additional shielding. For units that cannot
be sited in such a manner, a solid wall will need to be constructed to provide shielding
from the noise source. The DRC recommends that any required sound walls along the
street frontages be setback a minimum of 10-feet from the edge of the public easement
which accommodates the pedestrian pathway and that landscaping be included to
visually screen the wall from the street. In addition, the DRC recommends that the wall
taper down at the project site boundaries to transition effectively to areas where sound
attenuation is not required. Conditions of approval have been included to this effect. As
the Neighbor parcels are not yet subdivided and no design plan have been submitted,
language governing the design of sound attenuation walls for outdoor activity areas is
included as part of the PD33 overlay language.
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Community Facilities District Formation
Based on findings from the 2003 Taussig Study, revenue from new residential
development including property tax revenues, vehicle licensing fees, sales taxes, and
other revenues are insufficient to cover the maintenance and emergency services costs
of new development. Based on the revenue projections from the Taussig Study, the City
has developed standard conditions of approval for new development projects that
require the cost of maintenance and emergency services to be funded by the project
through a combination of road assessment districts, landscape and lighting districts , and
community facilities districts (CFD). The Groves portion of the project will be required to
annex into the City’s CFD and establish a Homeowners Association or other similar
mechanism to maintain the development’s roadways, common area landscaping,
drainage, etc. Language has been included in PD-33 to require annexation into the CFD
prior to recordation of any final map for the Neighbor parcels and that maintenance
mechanisms be established at the time of development of the Neighbor parcels.
Proposed Planned Development Overlay 33 Zone Text
The proposed project requires establishment of a custom Planned Development. This
will allow for the clustered development proposed for The Groves portion of the project
and will provide opportunities for clustering of the Neighbor pa rcels when, and if, they
develop. In addition, adoption of the PD-33 text will ensure that City goals for frontage
improvements, consolidation of driveways, and fiscal neutrality will be achieved. Key
requirements include:
Standards for frontage improvements
Affordable housing requirements
Processes for the review and approval of subsequent development plans
Pedestrian pathway standards
Frontage landscaping
Consolidated access and neighborhood connectivity
The full proposed text can be found in Attachment 7.
FINDINGS
The following findings are required to be made to recommend project approval and are
included as a part of the attached Resolutions.
General Plan Amendment
1. The proposed General Plan Amendment has been prepared consistent with the
applicable laws and guidelines of the State of California; and,
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Staff Comment: All applicable State Laws have been adhered to in the
preparation of this General Plan Amendment application.
2. A duly noticed public hearing has been held to receive and consider public
testimony regarding the proposed amendments to the General Plan Land Use
Diagram; and,
Staff Comment: Hearing notices were prepared in accordance with State Law
and applicable Atascadero Municipal Code requirements. A public hearing was
held by the Planning Commission at which public testimony was received and
considered prior to taking action on the proposed application.
3. The proposed amendment is in the public interest and protects the health, safety
and welfare of public by ensuring the orderly development of the City.
The proposed amendment is consistent with General Plan Land Use Policies 1.1,
1.3, 2.1, 2.3, 5.3, 6.1, 7.1, 7.2, 8.5, 15.1, and 15.6; Circulation Policies 1.1, 1.4,
1.5, 2.1, and 3.2; and Housing Element Policies 1.1, 4.3 and 10.1 . The proposed
amendment provides for new housing opportunities within the City’s urban
services line and increases residential density in areas appropriate for residential
growth. The proposed Planned Development Overlay District and requirements
for a Master Planned neighborhood ensure that the overall neighborhood design
and layout supports existing and future traffic patterns and provides pedestrian
connectivity both internal and external to the development area.
Establishment of Planned Development Overlay 33 and Zone Map Change
As specified in the City’s General Plan and Zoning Ordinance, the following specific
findings for the proposed Zone Change must be made to approve the proposed
amendment to the Planned Development Overlay:
1. The proposed amendment is in conformance with the adopted General Plan
Goals, Policies, and Programs and the overall intent of the General Plan, and;
Staff Comment: The proposed amendments are consistent with General Plan
Land Use Policies 1.1, 1.3, 2.1, 2.3, 5.3, 6.1, 7.1, 7.2, 8.5, 15.1, and 15.6;
Circulation Policies 1.1, 1.4, 1.5, 2.1, and 3.2; and Housing Element Policies 1.1,
4.3 and 10.1.
2. The establishment, and subsequent operation or conduct of the use will not,
because of the circumstances and conditions applied in the particu lar 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,
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Staff Comment: The proposed residential use will not be detrimental to the
health, safety, or welfare of the general public or persons residing in the
neighborhood. A residential use is consistent with the surrounding neighborhood.
The Planned Development Overlay language and City development standards
will ensure that pedestrian and vehicular access conditions are designed in a
manner which does not create ongoing safety concerns.
3. The proposed project or use will not be inconsistent with the character or the
immediate neighborhood or contrary to its orderly development; and,
Staff Comment: The proposed residential use is consistent with other residential
and residential serving uses in the area.
4. The proposed zone change will not create any new significant and unavoidable
impacts to traffic, infrastructure, or public services; and
Staff Comment: The proposed residential use will not generate significant and
unavoidable impacts to traffic, infrastructure, or public services. The project will
contribute City TIF fees and mitigation fees toward the Santa Barbara/US 101
interchange. All internal and abutting roads have been designed to City standard.
All residences within the project area will be required to annex into the Citywide
Community Facilities District to cover costs associated with the increased City
costs of providing police, fire, and park services to new residents.
5. Modification of development standards or processing requirements is warranted
to promote orderly and harmonious development, and;
Staff Comment: The establishment of PD-33 will establish development
standards that promote a cohesive neighborhood development and ensure that
City goals related to traffic mitigation, aesthetic character, inclusionary housing,
and pedestrian connectivity, among others, are achieved.
6. 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, and;
Staff Comment: The proposed Planned Development text will modify standard
development requirements to allow for a clustered development pattern,
preserving heavily sloped and treed areas of the project site. In addition, the
ability to provide larger lots adjacent to existing rural residential areas will provide
a transition from proposed higher density single-family areas to larger lot
developments bordering the City. Modified standards for the neighboring parcels
will provide for consolidated access and clustering opportunities allowing for the
siting of new units in a way which compliments the neighborhood character and
preserves topographic and other natural features.
7. Benefits derived from the overlay zone cannot be reasonably achieved through
existing development standards or processing requirements.
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Staff Comment: The Planned Development Overlay Zone 33 ensures that
development within the area provide certain benefit as identified by Council
Policy. Development under the PD33 standards will maintain and enhance
neighborhood character, buffer between adjacent larger-lot residential zones,
and provide pedestrian connectivity. In addition, the clustering of lots allows for
the retention and preservation of native oak habitat.
Conditional Use Permit (Master Plan of Development):
A Master Plan of Development is required for the Planned Development in the form of a
Conditional Use Permit. The approved Master Plan of Development sets development
standards related to architectural design, site design, landscape, signage, and specific
development standards required by the Zoning Ordinance. The Planning Commission
must make the following five findings to recommend to the City Council approval of the
proposed Master Plan of Development amendments:
1. The proposed project or use is consistent with the General Plan and t he City’s
Appearance Review Manual.
Staff Comment: The proposed amendments are consistent with the General Plan
Land Use Policies 1.1, 1.3, 2.1, 2.3, 5.3, 6.1, 7.1, 7.2, 8.5, 15.1, and 15.6; Circulation
Policies 1.1, 1.4, 1.5, 2.1, and 3.2; and Housing Element Policies 1.1, 4.3 and 10.1.
2. The proposed project or use satisfies all applicable provisions of the Title (Zoning
Ordinance) including the Planned Development Ordinance.
Staff Comment: The proposed amendments satisfy all Conditional Use Permit and
Planned Development zoning code provisions.
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 t he 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 amendments will not be detrimental to the general
public or working person’s health, safety, or welfare.
4. That the proposed project or use will not be inconsistent with the character or the
immediate neighborhood or contrary to its orderly development.
Staff Comment: The proposed amendments are compatible with the surrounding
neighborhood. The project includes detached small lot single-family residences with
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high quality landscape and architecture. The project has been designed to enhance
the appearance of this currently vacant site.
5. That the proposed use or project will not generate a volume of traffic beyond the
safe capacity of all roads providing access to the project, either existing or to be
improved in conjunction with the project, or beyond the normal traffic volume of the
surrounding neighborhood that would result from full development in accordance
with the Land Use Element.
Staff Comment: The proposed amendments and use is consistent with the traffic
projections and road improvements anticipated within the General Plan and as
conditioned.
Tree Removal:
1. 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:
Early consultation with the City;
Consideration of practical design alternatives;
Provision of cost comparisons (from applicant) for practical design
alternatives;
If saving tree eliminates all reasonable uses of the property; or
If saving the tree requires the removal of more desirable trees
Staff Comment: The proposed removals occur within the areas of proposed
infrastructure or residential units that cannot be reasonable redesigned to avoid
the need for removal.
Tentative Subdivision Map (TTM) Findings
The following findings must be made for the TTM 2014-0108 to be approved:
1. The proposed subdivision, design and improvements as conditioned, is
consistent with the General Plan and applicable zoning requirements, including
provisions of the PD-33 Overlay District.
Staff Comment: See applicable comments under findings for General Plan
Amendment and Zone Text Amendment.
2. The site is physically suitable for the type of development proposed.
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Staff Comment: The Fire Department and Public Works Department have
reviewed the proposed development plans and all City standards can be met.
The clustering of lots will allow development to avoid heavily sloped areas. All
roads and private driveways will be required to meet applicable Fire Department
and Engineering standards.
3. The site is physically suitable for the density of development proposed.
Staff Comment: The approval of the proposed General Plan Amendment will
increase the residential density of the sites allowing for additional residential units
to be constructed. City staff has reviewed the proposed density changes and
determined that site characteristics, neighboring land uses, and abutting roads
can support the proposed development potential. City sewer will be required to
be extended for all lots less than 1-acre. Lots of 1-acre or greater will be required
to show septic feasibility at the time of building permit.
4. The design and improvement of the proposed subdivision will not cause
substantial environmental damage or substantially and unavoid ably injure fish
and wildlife or their habitat.
Staff Comment: The proposed project will not result in substantial environmental
damage. No creeks or waterways are located on the project site. All native tree
removals will be mitigated per the City’s Native Tree Ordinance. Mitigation
Measures have been incorporated into the project to ensure a less than
significant impact to any sensitive species found on the project site.
5. The design of the subdivision will not conflict with easements acquired by the
public at large for access through, or the use of property within, the proposed
subdivision; or substantially equivalent alternative easements are provided.
Staff Comment: No easements for public access currently exist on the project
site. Consolidated access will be required to be designed off Halcon Rd. Access
location and design is required to serve all future and existing lots at the time of
development.
6. The proposed subdivision design and type of improvements proposed will not be
detrimental to the health, safety or welfare of the general public.
Staff Comment: The subdivision design has been reviewed and approved, as
conditioned, by the City Engineer. All proposed roads and frontage
improvements meet City standards.
96
ENVIRONMENTAL DETERMINATION
A Draft Mitigated Negative Declaration was circulated to public agencies and interested
members of the public starting November 30, 2015. The environmental analysis
identified concerns regarding potential impacts to aesthetics, noise, biological
resources, air quality, and traffic. Mitigation measures pertaining to these resources are
included. A finding is proposed that this project would not have a significant effect on
the environment based upon the implementation of the identified mitigation measures.
Staff recommends that the Planning recommend certification of the Proposed Mitigated
Negative Declaration 2015-0007 to City Council.
CONCLUSION
The proposed project consist of a General Plan Amendment and Rezone of 8 existing
parcels along Halcon and Viejo Camino to increase residential density in the area from
a 2.5 acre minimum lot size to a combination of 1 du/acre density and 2 du/acre density.
The project has been reviewed and analyzed by staff and recommendations from the
Design Review Committee have been incorporated. The project, as designed and
conditioned, meets all the required findings for approval.
ALTERNATIVES
1. The Planning Commission may recommend modifications to the proposed
amendments and/or conditions of approval for the project.
2. The Planning Commission may determine more information is needed on some
aspect of the amendments and may refer the item back to the applicant and staff
to provide the additional information. The Commission should clearly state the
type of information required and move to continue the item to a future date.
3. The Planning Commission may recommend denial to the City Council. The
Commission should specify the reasons for recommendation of the denial of the
project amendments.
ATTACHMENTS:
Attachment 1: Zoning Map
Attachment 2: Conceptual neighborhood development plan
Attachment 3: Proposed Vesting Tentative Map – The Groves
Attachment 4: Proposed Mitigated Negative Declaration 2015-0007
Attachment 5: Draft Resolution PC 2016-A
Attachment 6: Draft Resolution PC 2016-B
Attachment 7: Draft Resolution PC 2016-C
97
Attachment 8: Draft Resolution PC 2016-D
Attachment 9: Draft Resolution PC 2016-E
Attachment 10: Draft Resolution PC 2016-F
98
Attachment 1: Zoning Map
Current General Plan: Suburban Estates (SE)
Proposed General Plan: Single-Family Residential – Y (1 du/ac)
Single-Family Residential – X (2 du/ac)
Current Zoning District: Residential Suburban (RS)
Proposed Zoning District: Residential Single-Family – Y (1 du/ac)
Residential Single-Family – X (2 du/ac)
Project Site Area 1
99
Attachment 2: Conceptual Neighborhood Development Plan
The Groves
Development –
2du/ac maximum
The Neighbor
Parcels – 1du/ac
maximum
100
Attachment 3: Proposed Vesting Tentative Map – The Groves
101
Attachment 4: Proposed Mitigated Negative Declaration 2015-0007
Please see the following page
102
103
CITY OF ATASCADERO
PROPOSED
NEGATIVE DECLARATION #2015-0007
6500 Palma Avenue Atascadero, CA 93422 805/461-5035
Findings:
1. The project does not have the potential to degrade the environment.
2. The project will not achieve short-term goals to the disadvantage of long-term environmental goals and policies.
3. The project does not have impacts which are individually limited, but cumulatively considerable.
4. The project will not cause substantial adverse effects on human beings either directly or indirectly.
Determination:
Based on the above findings, and the information contained in the Initial Study 2015-0007made a part hereof by reference and on
file in the Community Development Department), it has been determined that the above project will not have an adverse impact
on the environment.
Prepared By: Kelly Gleason, Senior Planner
Date Posted: November 30, 2015
Public Review Ends: December 21, 2015
Attachments: - Location Map
- General Plan and Zoning Designation Map
- Aerial Map
- Neighborhood concept development plan
- Vesting Tentative Tract Map (The Groves)
- Landscape Plan
- Grading and Drainage Plan
- Tree Inventory Map
- Wetlands Map
- Hazardous Materials Map
- FEMA Flood Insurance Rate Map
- Initial Study 2015-0007
Applicant/Owner: ConsciousBuild Atascadero Dev. LLC, 2921 Garibaldi Ave. San Luis Obispo, CA 93401
Project Title: PLN 2014-1529 – Halcon General Plan Amendment
GPA 2014-0029 / ZCH 2014-0175 / TTM 2014-0108 / TRP 2014-0178
Project Location: 11955 & 11975 Viejo Camino, Atascadero, CA 93422
(San Luis Obispo County) APN 045-401-003, & 004
11676, 11745, 11885, 11855, 11875 Halcon Rd., Atascadero, CA 93422
(San Luis Obispo County) APN 045-401-014, 013, 010, 009, 018, & 017
Project
Description:
The applicant is requesting a General Plan Amendment and Rezone of 37.7 acres of residential
property to allow for an increase in residential density. The subject parcels are located along Halcon
Road at the southerly boundary of the City limits. Current zoning allows for a minimum lot size of 2.5
to 10 acres depending on certain site characteristics. The proposed General Plan Amendment and
Rezoning would create a 17 unit small lot single-family development (“The Groves”) encompassing
10 acres of the project site at the Viejo Camino and Halcon intersection and increase the density of the
remaining 27.7 acres of the project site (“Neighbor Parcels”) to allow for 1 primary dwelling unit per
acre. There are currently 6 existing units within the project area. The proposal would increase the
number of primary units to a maximum of 45 residential units. The highest density (17 units) will be
located on the property at the corner of Viejo Camino and Halcon Road (“The Groves”). The Groves
development will preserve a portion of the existing oak woodland grove on the southeast corner of the
property in permanent open space easements. Nineteen (19) native trees are proposed for removal as
part of The Groves development. Additional trees may be removed as the Neighbor parcels develop.
Existing General Plan Designation: Suburban Estates (SE)
Existing Zoning: Rural Suburban (RS)
Proposed General Plan Designation: Single-Family Residential –Y (SFR-Y: 1 du/ac)
Single-Family Residential – X (SFR-X: 2 du/ac)
Proposed Zoning: Residential Single-Family-Y (RSF-Y: 1 du/ac)
Residential Single-Family – X (RSF-X: 2 du/ac)
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ENVIRONMENTAL CHECKLIST FORM Environmental Review 2015-0007
Lead Agency Name
and Address:
City of Atascadero
6500 Palma Avenue, Atascadero, CA 93422
Contact Person and
Phone Number:
Kelly Gleason, Senior Planner
City of Atascadero, Phone: 805.470.3446
General Plan
Designation:
Existing: Suburban Estates
Proposed: Single Family Residential –Y (SFR-Y: 1 du/ac)
Single Family Residential – X (SFR-X: 2 du/ac)
Zoning: Existing: Rural Suburban
Proposed: Residential Single Family-Y (RSF-Y: 1 du/ac)
Residential Single Family – X (RSF-X: 2 du/ac)
Surrounding Land
Uses and Setting
East:
Open Space & Single Family Residential (2 du/ac)
North: City Parkland
Applicant/Owner: ConsciousBuild Atascadero Dev. LLC, 2921 Garibaldi Ave. San Luis Obispo, CA 93401
Project Title: PLN 2014-1529 – Halcon General Plan Amendment
GPA 2014-0029 / ZCH 2014-0175 / TTM 2014-0108 / TRP 2014-0178
Project Location: 11955 & 11975 Viejo Camino, Atascadero, CA 93422
(San Luis Obispo County) APN 045-401-003, & 004
11676, 11745, 11885, 11855, 11875 Halcon Rd., Atascadero, CA 93422
(San Luis Obispo County) APN 045-401-014, 013, 010, 009, 018, & 017
Project Description:
The applicant is requesting a General P lan Amendment and Rezone of 37.7 acres of residential
property to allow for an increase in residential density. The subject parcels are located along
Halcon Road at the southerly boundary of the City limits. Current zoning allows for a minimum
lot size of 2.5 to 10 acres depending on certain site characteristics. The proposed General Plan
Amendment and Rezoning would create a 17 unit small lot single-family development (“The
Groves”) encompassing 10 acres of the project site at the Viejo Camino and Halcon intersection
and increase the density of the remaining 27.7 acres of the project site (“Neighbor Parcels”) to
allow for 1 primary dwelling unit per acre. There are currently 6 existing units within the project
area. The proposal would increase the number of primary units to a maximum of 45 residential
units. The highest density (17 units) will be located on the property at the corner of Viejo Camino
and Halcon Road (“The Groves”). The Groves development will preserve a portion of the
existing oak woodland grove on the southeast corner of the property in permanent open space
easements. Nineteen (19) native trees are proposed for removal as part of The Groves
development. Additional trees may be removed as the Neighbor parcels develop.
Existing General Plan Designation: Suburban Estates (SE)
Existing Zoning: Rural Suburban (RS)
Proposed General Plan Designation: Single Family Residential –Y (SFR-Y: 1 du/ac)
Single Family Residential – X (SFR-X: 2 du/ac)
Proposed Zoning: Residential Single Family-Y (RSF-Y: 1 du/ac)
Residential Single Family – X (RSF-X: 2 du/ac)
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South: Residential – County Jurisdiction
West: Public Recreation & Public Facilities
Other public
agencies whose
approval is required
None
106
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Attachment 1
Location Map
Project
Location
107
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Attachment 2
General Plan Designation Map
Existing Zoning Designation:
Residential Suburban (RS)
Proposed Zoning
Designation:
Residential Single Family – Y
(RSF-Y: 1 du/ac)
Residential Single Family – X
(RSF-X: 2 du/ac)
Existing General Plan
Designation: Suburban
Estates (SE)
Proposed General Plan
Designation:
Single Family Residential –Y
(
S
F
R
-
Y
:
1
d
u
/
a
c
)
Single Family Residential – X
(SFR-X: 2 du/ac)
108
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Attachment 3
Aerial View
Neighbor Parcels: Lots
with existing residences
proposed for future
development
City / County
Boundary
Lots proposed for The
Groves development: 17
small-lot single family
units
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Attachment 4
Neighborhood Concept Development Plan
110
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Attachment 5
Vesting Tentative Tract Map
111
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Attachment 6
Proposed Landscape Plan
112
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Attachment 7
Preliminary Grading & Drainage Plan
113
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Attachment 8
Tree Inventory Map
114
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Attachment 9
National Wetlands Inventory Map
115
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Attachment 10
Hazardous Materials Map
116
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Attachment 11
FEMA Flood Insurance Rate Map
Project Location
117
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Exhibit A
Mitigation Monitoring Program
PLN 2014-1529 / GPA 2014-0030 / ZCH 2014-0175 /
TTM 2014-0108 / CUP 2014-0284
Halcon General Plan Amendment / The Groves
Development
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary
Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water Comp.
Agency
Requirement
FED: Federal Government
CAL: California Government
LOC: Local Government
Mitigation Measure 1.c.1: A landscape buffer shall be provided along
Santa Barbara Rd. Landscape material shall consist of native and/or
drought tolerant species. As mixture of low and medium plants shall be
utilized to provide visual screening of the project from the adjacent
neighborhood.
BP PS/BS LOC
Mitigation Measure 1.c.2: Street trees shall be provided along Viejo
Camino and Halcon Rd. Street trees shall be spaced at no greater than
30-feet on center, however, rural tree groupings may be approved by the
City Engineer due to topographic or sight dis tance concerns and/or to
maintain the rural nature of the street.
BP CE/BS LOC
Mitigation Measure 1.c.3: Rear or side yard privacy fencing where adjacent
to a private road shall be set back from the edge of shoulder a minimum of
10-feet. Where rear or side yard fencing is adjacent to a public road, a
minimum setback from the edge of pavement/sidewalk/pedestrian path of
10-feet shall be observed. Fencing adjacent to a public roadway shall be a
maximum of 6-feet high and shall include landscaping on the str eet side of
the fence. Fencing shall be decorative in nature. Any walls proposed for
rear or side yards adjacent to a public road shall be constructed of high
quality materials and shall adhere to the same setback as privacy fencing.
BP PS/BS LOC
Mitigation Measure 1.d.1: All lighting shall be designed to eliminate any off
site glare. All exterior site lights shall utilize full cut-off, “hooded” lighting
fixtures to prevent offsite light spillage and glare.
BP PS/BS LOC
Mitigation Measure 3.b.1: The project shall be conditioned to comply with
all applicable District regulations pertaining to the control of fugitive dust
(PM-10) as contained in Section 2 “Assessing and Mitigating Construction
Impacts.”
2.4 Fugitive Dust Mitigation Measures: Standard List
a. Reduce the amount of the disturbed area where possible;
b. Use 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 exce ed 15 mph.
Reclaimed (non-potable) water should be used whenever possible;
c. All dirt stock-pile areas should be sprayed daily as needed;
d. All roadways, driveways, sidewalks, etc. to be paved should be
completed as soon as possible, and building pads should be laid as
soon as possible after grading unless seeding or soil binders are
BP PS/BS CAL / FED
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Exhibit A
Mitigation Monitoring Program
PLN 2014-1529 / GPA 2014-0030 / ZCH 2014-0175 /
TTM 2014-0108 / CUP 2014-0284
Halcon General Plan Amendment / The Groves
Development
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary
Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water Comp.
Agency
Requirement
FED: Federal Government
CAL: California Government
LOC: Local Government
used;
e. All of these fugitive dust mitigation measures shall be shown on
grading and building plans; and
f. The contractor or builder shall designate a person or persons to
monitor the fugitive dust emissions and enhance the implementation
of the measures as necessary to minimize dust complaints, reduce
visible emissions below 20% opacity, and to prevent transport of dust
offsite. Their duties shall include holidays and weekend periods when
work may not be in progress.
Mitigation Measure 3.b.2: The project shall be conditioned to comply with
all applicable APCD regulations pertaining to Naturally Occurring Asbestos
(NOA). Prior to any grading activities a geologic evaluation should be
conducted to determine if NOA is present within the area that will be
disturbed. If NOA is not present, and exemptions request must be filed with
the District. If NOA is found at the site, the applicant must comply with all
requirements outlined in the Asbestos ATCM. This may include
development of an Asbestos Dust Mitigation Plan and an Asbestos Health
and Safety program for approval by the APCD. Technical Appendix 4.4 of
the SLO County APCD CEQA Air Quality Handbook includes a map of
zones throughout San Luis Obispo County where NOA has been found
and geological evaluation is required prior to any grading.
BP PS/BS CAL
Mitigation Measure 4.a.1: A qualified biologist shall conduct a pre -
construction survey within 30 days of initial site disturbance to identify
whether silvery legless lizards are present. If silvery legless lizards are
detected, a biological monitor shall be present during initial ground
disturbing and vegetation removal activities to allow for a salvage and
relocation effort for the lizard and other ground dwelling common wildlife
that may be present.
BP PS CAL
Mitigation Measure 4.a.2: A qualified biologist shall conduct a pre -
construction survey within 30 days of initial site disturbance to identify
whether American badger are present. If American badger or their dens
are detected during the survey, the location of the den shall be mapped,
the biologist shall monitor the den for three days if it is within 50ft of
proposed blueprints. If the den is deemed inactive it shall be destroyed if
the den is active the biologist will continue monitoring its status till the den
becomes inactive so it can be destroyed, during that time all development
activities shall respect a 50ft buffer or exclusion zone around the den.
BP PS CAL
Mitigation Measure 4.a.3: Conduct a springtime rare plant survey to
determine the presence/absence of any special -status plants. Should any
be discovered, implement a seed and/or plant salvage program and
incorporate the salvaged material into the drainage setback and detention
basin landscaped areas.
BP PS CAL
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Exhibit A
Mitigation Monitoring Program
PLN 2014-1529 / GPA 2014-0030 / ZCH 2014-0175 /
TTM 2014-0108 / CUP 2014-0284
Halcon General Plan Amendment / The Groves
Development
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary
Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water Comp.
Agency
Requirement
FED: Federal Government
CAL: California Government
LOC: Local Government
Mitigation Measure 4. d.1: Vegetation removal and initial site disturbance
shall be conducted between September 1 and January 31 outside of the
nesting season for birds. If vegetation and/or tree removal is planned for
the bird nesting season, then preconstruction nesting bird survey,
prepared by a qualified biologist, shall be required to determine if any
active nests would be impacted by project constructi on. If no active nests
are found, then no further mitigation shall be required. If any active nests
are found that would be impacted by construction, then the nest sites shall
be avoided with the establishment of a non-disturbance buffer zone around
active nests as determined by a qualified biologist. Nest sites shall be
avoided and protected with the non-disturbance buffer zone until the adults
and young of the year are no longer reliant on the nest site for survival as
determined by a qualified biologis t. As such, avoiding disturbance or taking
of an active nest would reduce potential impacts on nesting birds to a less -
than-significant level.
BP PS FED/CAL
Mitigation Measure 4.e.1: Grading and excavation activities shall be
consistent with the City of Atascadero Tree Ordinance. Special
precautions when working around native trees include:
1. During grading activities an arborist must be present.
2. All existing trees outside of the limits of work shall
remain.
3. Earthwork shall not exceed the limits of the project area.
4. Low branches in danger of being torn from trees shall be
pruned prior to any heavy equipment work being done.
5. Vehicles and stockpiled material shall be stored outside
the drip line of all trees.
6. All trees within twenty feet of construction work shall be
fenced for protection with 4-foot chain link, snow or
safety fencing placed per the approved tree protection
plan. Tree protection fencing shall be in place prior to
any site excavation or grading. Fencing shall remain in
place until completion of all construction activities.
7. Any roots that are encountered during excavation shall
be clean cut by hand and sealed with an approved tree
seal.
8. Utilities such as water, gas, power, cable, storm
drainage, and sewer should be redirected from under the
canopy of any trees that are to remain.
9. Where a building is placed within the canopy of a tree
the foundation should be redesigned so that it bridges
across any root systems.
10. Any foundation or other structure that encroaches within
the drip line of trees to be saved shall be dug by hand.
11. At no time shall tree roots be ripped with construction
equipment.
BP PS/ BS FED/CAL
Mitigation Measure 4.e.2: Tree protection fencing shall be installed at the
locations called out in the Tree Protection Plan. An inspection of the tree
fencing shall be done by City staff prior to issuance of building permits.
BP PS/ BS CAL/LOC
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Exhibit A
Mitigation Monitoring Program
PLN 2014-1529 / GPA 2014-0030 / ZCH 2014-0175 /
TTM 2014-0108 / CUP 2014-0284
Halcon General Plan Amendment / The Groves
Development
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary
Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water Comp.
Agency
Requirement
FED: Federal Government
CAL: California Government
LOC: Local Government
Mitigation Measure 4.e.3: The following measure shall be incorporated on-
site during the construction process of the proposed project:
1. A minimum height construction protective barrier shall be
erected around the drip line of the tree plus 4’. The fence
shall be supported with “T” posts at no more than 6’ o.c.
and tied at least 3 places per post. This fence shall be
installed by the General Contractor before any rough
grading is allowed on the site. Approval for this stage
must be obtained in writing from either the Arborist or the
Counties/Cities representative.
2. Earthwork shall not exceed the limits of the project area.
3. Low branches in danger of being torn during
construction process shall be pruned prior to any heavy
equipment work being undertaken.
4. Once the rough grading is accomplished the fence may
be moved closer to the trunk of the tree for finish
grading. At no time shall the fence be pla ced within the
Critical Root Zone (CRZ). This location is determined by
the diameter of the trunk at Diameter Breast Height
(DBH). (4.5’ above grade) and is 1’ per 1” diameter in the
direction of the drip line. At no time shall the fence be
moved closer to the trunk than the drip line, unless
additional preservation measures are implemented as
recommended by the project arborist.
5. Any roots that are encountered over 2” diameter, during
the excavation process shall be clean cut perpendicular
to the direction of root growth with a handsaw. At no time
shall tree seal be applied to any cut. Any roots over 2”
diameter the county/city representative shall be notified
to determine the preferred course of action.
6. All trenching with CRZ area shall require hand trenching
to preserve and protect roots over 2” in diameter.
7. No grading of trenching is allowed within the CRZ fenced
area without written permission from the County/City
representative or a certified arborist.
8. Any roots over 4” in diameter are not to be cut or ripped
until inspected and approved in writing by the arborist.
9. If, for whatever reason, work must be accomplished
inside the drip line 4”-6” of mulch must be applied first to
decrease the possibilities of compaction upon written
approval from the arborist.
10. There shall be a pre-construction meeting between the
Engineering/Planning staff of the County/City, Grading
equipment operators, Project Superintendent and the
Arborist to review the project conditions and
requirements prior to any grubbing or earth work for any
portions of the project site. All tree protection fencing
shall be installed for inspection prior to this meeting.
11. All trees shall be pruned before any construction takes
place that are in the development areas to be saved if
BP PS/ BS LOC
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Exhibit A
Mitigation Monitoring Program
PLN 2014-1529 / GPA 2014-0030 / ZCH 2014-0175 /
TTM 2014-0108 / CUP 2014-0284
Halcon General Plan Amendment / The Groves
Development
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary
Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water Comp.
Agency
Requirement
FED: Federal Government
CAL: California Government
LOC: Local Government
they might be damaged by the construction equipment.
This must be accomplished by a bonded, licensed, and
certified Tree Service Contractor.
12. All debris shall be cleared from the area or chipped and
spread on the site or stacked in orderly piles for future
use by the Owner, at the Owners request.
13. In locations where paving is to occur within the drip line
grub only and do not compact unless authorized in
writing. Permeable pavers or other preamble surface
must be approved by the Arborist.
Mitigation Measure 4.e.4: 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.
FO PS/ LOC
Mitigation Measure 4.e.5: All utilities shall remain outside the driplines of
native trees, unless preservation measures, as specified by the project
arborist, are implemented.
BP PS/ BS LOC
Mitigation 5.a.b.c.1: An archaeological monitor shall be present during
initial vegetation clearing, site “grubbing, and grading for all portions of the
project.
GP PS LOC
Mitigation 5.d.1: In the event that human remains are discovered on the
property, all work on the project shall stop and the Atascadero Police
Department and the County Coroner shall be contacted. The Atascadero
Community Development Department shall be notified. If the human
remains are identified as being Native American, the California Native
American Heritage Commission (NAHC) shall be contacted at (916) 653 -
4082 within 24 hours. A representative from both the Chumash Tribe and
the Salinan Tribe shall be notified and present during the excavation of any
remains.
BP / GP PS CAL
Mitigation Measure 6.b.1: The on-site subdivision / grading permit plans
shall include erosion control measures to prevent soil, dirt, and debris from
entering the storm drain system during and after construction, consistent
with mitigation or construction methods outlined in the geotechnical report.
Plans shall be approved by the City Engineer prior to issuance.
GP PS/CE CAL
Mitigation Measure 6.b.2: All cut and fill slopes mitigated with an
appropriate erosion control method (erosion control blanket, hydro-mulch,
or straw mulch appropriately anchored) immediately after completion of
earthwork, as approved by the City Engineer. All disturbed slopes shall
have appropriate erosion control methods in place.
GP PS/CE CAL
Mitigation Measure 6.b.3: The contractor will be responsible for the clean
up of any mud or debris that is tracked onto public streets by construction
GP PS/CE CAL
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Exhibit A
Mitigation Monitoring Program
PLN 2014-1529 / GPA 2014-0030 / ZCH 2014-0175 /
TTM 2014-0108 / CUP 2014-0284
Halcon General Plan Amendment / The Groves
Development
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary
Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water Comp.
Agency
Requirement
FED: Federal Government
CAL: California Government
LOC: Local Government
vehicles. An approved device must be in place prior to commencement of
grading activities. This device shall be approved by the City Engineer.
Mitigation Measure 6.b.4: A re-vegetation plan shall be submitted with
building permits. All disturbed cut and fill slopes shall be vegetated as
specified in a landscaping plan. The land scaping plan must be approved
by both the Community Development Department and the Public Works
Department.
GP PS/CE CAL
Mitigation Measure 8.h.1: All new construction will comply with section the
California Building and Fire Codes. New residences in th e City are
required to install fire sprinklers. Fire protection measures shall include the
use of non-combustible exterior construction and roofs and fire-resistant
building materials.
BP FD CAL/LOC
Mitigation Measure 9.d.e.f.1: The project shall integrate Low Impact
Development Best Management Practice’s into the project design which
may include on-site detention and/or retention basins, pervious paving,
and vegetated swales. The detention basins must meet the City’s drainage
design standards with surface runoff being treated for water quality through
structural control measures including: disconnected downspouts flowing to
vegetated bio-swales, and pervious pavement and/or landscape areas to
control storm volume. All drainage control features shall be subject to the
approval of the City Engineer.
GP PS/CE CAL
Mitigation Measure 9.d.e.f.2: The developer shall ensure 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/CE CAL
Mitigation Measure12.a.1: Private yard outdoor activity spaces for each
residential parcel adjacent to Viejo Camino and Halcon Rd where outdoor
noise levels exceed City standards shall be located where the building
provides acoustical screening opportunities. If no such areas exist within
the design of the structure on the site, private outdoor use areas shall be
enclosed by a 6-foot high solid wall.
BP PS/BP LOC
Mitigation Measure 12.a.2: Windows on facades adjacent to Halcon and
Viejo Camino Road shall include additional sound attenuation features
such as dissimilar glass or other methods aimed at reducing sound
transmission beyond the standard dual pane requirements.
BP PS/BP LOC
Mitigation Measure: 14: Prior to final map recordation, the applicant shall
annex into the City’s Community Facilities District (CFD) to off -set
additional costs associated with the provision of additional police, fire, and
park services.
FM PS/BP LOC
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Exhibit A
Mitigation Monitoring Program
PLN 2014-1529 / GPA 2014-0030 / ZCH 2014-0175 /
TTM 2014-0108 / CUP 2014-0284
Halcon General Plan Amendment / The Groves
Development
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary
Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water Comp.
Agency
Requirement
FED: Federal Government
CAL: California Government
LOC: Local Government
Mitigation Measure 16.a.b.1: In addition to the City’s Development Impact
Fees, each new residential unit shall pay towards its fair share of the US
101 / Santa Barbara interchange improvements. The project may be
eligible for TIF fee credits for Citywide development impact fees associated
with the interchange improvements. Any TIF credit shall be approved by
the City Engineer.
BP PS/CE LOC
Mitigation Measure 16.d.1: Access for parcels abutting Halcon Rd shall be
consolidated and shall be designed as private roads meeting City road
standards. Driveways to individual parcels with existing residences may be
approved by the City Engineer in locations where consolidated access
cannot be utilized due to parcel locations. All access roads and driveways
shall be evaluated at the time of tentative map submittal and/or
improvement permits for sight distance.
FM PS/CE/FD LOC
Mitigation Measure 6.f.1: In addition to an on-street bike lane, a multi-use
path shall be provided along Viejo Camino and Halcon Roads consistent
with the adopted City bike and trail Master Plan and the SLOCOG Salinas
River Trail Plan.
FM PS LOC
Mitigation Measure 17.d.1: Landscaping plans shall be submitted to the
Community Development Department for review and approval.
Landscaping must consist of drought tolerant species and utilize drip
irrigation. Turf shall not be permitted as a part of the approved landscaping
plan.
BP PS LOC
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ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project, involving at least
one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages.
Aesthetics
Agriculture and Forest
Resources
Air Quality
Biological Resources
Cultural Resources
Geology /Soils
Greenhouse Gas
Emissions
Hazards & Hazardous
Materials
Hydrology / Water
Quality
Land Use / Planning
Mineral Resources
Noise
Population / Housing
Public Services
Recreation
Transportation/Traffic
Utilities / Service Systems
Mandatory Findings of
Significance
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the environment, and a
NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the environment, there will
not be a significant effect in this case because the mitigation measures described on an attached sheet have
been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the environment, and an
ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed project MAY have a “potentially significant effect” or “potentially significant
unless mitigated” impact on the environment, but at least one effect 1) has been adequately analyzed in an
earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures
based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT
REPORT is required, but it must analyze only the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the environment, there
WILL NOT be a significant effect in this case because all potentially significant effects (a) have been
analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards
and (b) have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION,
including revisions or mitigation measures that are imposed upon the proposed project.
Kelly Gleason 11-30-2015
Kelly Gleason, Senior Planner Date
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EVALUATION OF ENVIRONMENTAL IMPACTS:
1) A brief explanation is required for all answers except "No Imp act" answers that are adequately supported by the
information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is
adequately supported if the referenced information sources show that the impact simply does not ap ply to
projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be
explained where it is based on project-specific factors as well as general standards (e.g., the project will not
expose sensitive receptors to pollutants, based on a project-specific screening analysis).
2) All answers must take account of the whole action involved, including off -site as well as on-site, cumulative as
well as project-level, indirect as well as direct, and construction as well as operational impacts.
3) Once the lead agency has determined that a particular physical impact may occur, and then the checklist
answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less
than significant. "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may
be significant. If there are one or more "Potentially Significant Impact" entries when the determination is made, an
EIR is required.
4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where the incorporation of
mitigation measures has reduced an effect from "Potentially Significant Impact" to a "Less Than Significant
Impact." The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect
to a less than significant level (mitigation measures from "Earlier Analyses," as described in (5) below, may be
cross-referenced).
5) Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has
been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). In this case, a brief
discussion should identify the following:
a) Earlier Analysis Used. Identify and state where they are available for review.
b) Impacts Adequately Addressed. Identify which effects from the above checklist were within the scope of and
adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such
effects were addressed by mitigation measures based on the earlier analysis.
c) Mitigation Measures. For effects that are "Less than Significant with Mitigation Measures Incorporated,"
describe the mitigation measures which were incorporated or refined from the earlier document and the
extent to which they address site-specific conditions for the project.
6) Lead agencies are encouraged to incorporate into the checklist references to information sources for potential
impacts (e.g., general plans, zoning ordinances). Reference to a previously prepared or outside document
should, where appropriate, include a reference to the page or pages where the statement is substantiated.
7) Supporting Information Sources: A source list should be attached, and other sources used or individuals
contacted should be cited in the discussion.
8) This is only a suggested form, and lead agencies are free to use different formats; however, lead agencies should
normally address the questions from this checklist that are relevant to a project's environmental effects in
whatever format is selected.
9) The explanation of each issue should identify:
a) the significance criteria or threshold, if any, used to evaluate each question; and
b) the mitigation measure identified, if any, to reduce the impact to less than significance .
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Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
1. AESTHETICS -- Would the project:
a) Have a substantial adverse effect on a scenic vista?
b) Substantially damage scenic resources, including, but not
limited to, trees, rock outcroppings, and historic buildings
within a state scenic highway?
c) Substantially degrade the existing visual character or
quality of the site and its surroundings?
d) Create a new source of substantial light or glare that
would adversely affect day or nighttime views in the area?
SOURCES: Project Description; Conceptual Site Plan; and California Department of Transportation.
DISCUSSION:
1.a. The proposed residential development and associated General Plan Amendment and rezone will not obscure a
designated scenic vista. A scenic vista is described as a “viewpoint that provides expansive views of a highly valued
landscape for the benefit of the general public” (CEQA Guidelines). The property is to be reclassified and rezoned
consistent with surrounding properties.
1.b. The proposed rezoning will not substantially damage scenic resources. The project site is near Highway 101 which
is an eligible state scenic highway but is not officially designated as one (Caltrans Scenic Highway Program). The site
is not visible from Highway 101. The site does not contain any historic structures and will not disturb any rock
outcroppings.
1.c. The proposed project proposes increased residential density in an existing residential area. Higher density
housing opportunities currently exist to the East of the project site. Paloma park is located to the North of the project
site and commercial and public uses are located to the West of the project site. The existing neighborhood to the
South of the project site consists of larger lot parcels located outside of the City limits. These parcels retain a more
rural character. The portion of the project proposed to allow for 1 dwelling unit per acre remains in keeping with this
rural character. Any reduction in lot size to allow for a cluster development pattern would be required to cluster along
the Halcon Rd frontage and provide larger lots and/or opens pace easements adjacent to existing large lots outside the
project boundary. The proposed 2 dwelling unit/acre portion of the project has been designed to cluster residential
development away from Santa Barbara Rd to the extent feasible. A large portion of this project site will remain in open
space. This open space area is heavily wooded, providing a visual buffer between existing residences to the South and
the project site. Additionally, in order to retain a transition from the proposed residential density of the existing large lot
pattern to the South, mitigation measures have been included to provide visual buffers b etween these areas.
1.d. New residences at this location are not expected to generate substantial light or glare. Any future lighting at this
site is to be designed to eliminate off site glare, consistent with existing City ordinances.
Mitigation Measure 1.c.1: A landscape buffer shall be provided along Santa Barbara Rd. Landscape material shall
consist of native and/or drought tolerant species. As mixture of low and medium plants shall be utilized to provide
visual screening of the project from the adja cent neighborhood.
Mitigation Measure 1.c.2: Street trees shall be provided along Viejo Camino and Halcon Rd. Street trees shall be
spaced at no greater than 30-feet on center, however, rural tree groupings may be approved by the City Engineer due
to topographic or sight distance concerns and/or to maintain the rural nature of the street.
Mitigation Measure 1.c.3: Rear or side yard privacy fencing where adjacent to a private road shall be set back from the
edge of shoulder a minimum of 10-feet. Where rear or side yard fencing is adjacent to a public road, a minimum
setback from the edge of pavement/sidewalk/pedestrian path of 10 -feet shall be observed. Fencing adjacent to a public
roadway shall be a maximum of 6-feet high and shall include landscaping on the street side of the fence. Fencing shall
be decorative in nature. Any walls proposed for rear or side yards adjacent to a public road shall be constructed of high
quality materials and shall adhere to the same setback as privacy fencing .
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Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
Mitigation Measure 1.d.1: All lighting shall be designed to eliminate any off site glare. All exterior site lights shall utilize
full cut-off, “hooded” lighting fixtures to prevent offsite light spillage and glare.
2. AGRICULTURAL AND FOREST RESOURCES -- In determining whether impacts to agricultural resources are
significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site
Assessment Model (1997) prepared by the California Dept. of Conservation as an optio nal model to use in assessing
impacts on agriculture and farmland. In determining whether impacts to forest resources, including timberland, are
significant environmental effects, lead agencies may refer to information compiled by the California Department of
Forestry and Fire Protection regarding the state’s inventory of forest land, including the Forest and Range Assessment
Project and the Forest Legacy Assessment project; and the forest carbon measurement methodology provided in the
Forest Protocols adopted by the California Air Resources Board. Would the project:
a) Convert Prime Farmland, Unique Farmland, or Farmland
of Statewide Importance (Farmland), as shown on the maps
prepared pursuant to the Farmland Mapping and Monitoring
Program of the California Resources Agency, to non-
agricultural use?
b) Conflict with existing zoning for agricultural use, or a
Williamson Act contract?
c) Conflict with existing zoning for, or cause rezoning of,
forest land (as defined in Public Resources Code section
12220(g)), timberland (as defined in Public Resources Code
Section 4526), or timberland zoned Timberland Production
(as defined by Government Code section 51104(g))??
d) Result in the loss of forest land or conversion of forest
land to non-forest use?
e) Involve other changes in the existing environment which,
due to their location or nature, could result in conversion of
farmland to non-agricultural use or conversion of forest land
to non-forest use?
SOURCES: Site Plan; Department of Conservation; and Atascadero General Plan.
DISCUSSION
2.a. The property is not shown on the maps prepared pursuant to the Farmland Mapping and Monitor ing Program of
the California Resources Agency as prime farmland.
2.b. The property is not in an agricultural zone and is not under a Williamson Act contract.
2.c. The project does not involve rezoning of forest land or timberland.
2.d.e. The project will not result in a loss of forest land and will not result in a conversion of forest land to non -forest
use or farmland to non-agricultural uses.
Mitigation Measure: No applicable mitigation measures
3. AIR QUALITY -- Where available, the significance criteria established by the applicable air quality management or
air pollution control district may be relied upon to make the following determinations. Would the project:
a) Conflict with or obstruct implementation of the applicable
air quality plan?
b) Violate any air quality standard or contribute substantially
to an existing or projected air quality violation?
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Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
c) Result in a cumulatively considerable net increase of any
criteria pollutant for which the project region is non -
attainment under an applicable federal or state ambient air
quality standard (including releasing emissions that exceed
quantitative thresholds for ozone precursors)?
d) Expose sensitive receptors to substantial pollutant
concentrations?
e) Create objectionable odors affecting a substantial number
of people?
SOURCES: Air Pollution Control District (APCD) CEQA Air Quality Handbook, 2012; Project Description; and
Conceptual Site Plan.
DISCUSSION:
3. a.c.) The proposed project will result in the future construction of up to 39 new primary dwelling units. The proposed
project is within the South Central Coast Air Basin and is in a non-attainment zone for Particle Mater (PM-10).
According to the Operational Screening Criteria for Project Air Quality Analysis (Table 1 -1, SLOAPCD, 2012), Single
Family Housing would have to be at or over 68 -70 dwelling units in order to be expected to exceed the APCD Annual
GHG Bright Line Threshold, as well as the APCD Daily Ozone Precursor Significance Threshold. Based on the
overseeing agency’s screening criteria for the residential portion of the proposed project, the impact is determined to
be less than significant.
3.b.) Construction activities, including demolition and site grading, have the potential to produce small quantities of air
pollution that include dust and equipment exhaust. Air quality impacts from construction would be temporary and short
term. No construction is proposed on the project s ite at this time. At the time of future development, any proposed
demolition or new residential units shall be conditioned to comply with all applicable APCD regulations in place at the
time of future project proposal, including any conditions pertaining to the control of fugitive dust (PM-10) as showed in
Section 2 “Assessing and Mitigating Construction Impacts” of the April 2012 CEQA Air Quality Handbook.
3.d.e) The construction of the project will not concentrate pollutants or create objectionable odo rs based on the
proposed uses and screening criteria established by the San Luis Obispo Air Pollution Control District. Therefore, the
impact is considered less than significant.
Mitigation Measure 3.b.1: The project shall be conditioned to comply with all applicable District regulations pertaining to
the control of fugitive dust (PM-10) as contained in Section 2 “Assessing and Mitigating Construction Impacts .”
2.4 Fugitive Dust Mitigation Measures: Standard List
a. Reduce the amount of the disturbed area where possible;
b. Use water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site.
Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non -potable)
water should be used whenever possible;
c. All dirt stock-pile areas should be sprayed daily as needed;
d. All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as possible, and building
pads should be laid as soon as possible after grading un less seeding or soil binders are used;
e. All of these fugitive dust mitigation measures shall be shown on grading and building plans; and
f. The contractor or builder shall designate a person or persons to monitor the fugitive dust emissions and
enhance the implementation of the measures as necessary to minimize dust complaints, reduce visible emissions
below 20% opacity, and to prevent transport of dust offsite. Their duties shall include holidays and weekend
periods when work may not be in progress.
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Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
Mitigation Measure 3.b.2: The project shall be conditioned to comply with all applicable APCD regulations pertaining to
Naturally Occurring Asbestos (NOA). Prior to any grading activities a geologic evaluation should be conducted to
determine if NOA is present within the area that will be disturbed. If NOA is not present, and exemptions request must
be filed with the District. If NOA is found at the site, the applicant must comply with all requirements outlined in the
Asbestos ATCM. This may include development of an Asbestos Dust Mitigation Plan and an Asbestos Health and
Safety program for approval by the APCD. Technical Appendix 4.4 of the SLO County APCD CEQA Air Quality
Handbook includes a map of zones throughout San Luis Obispo County where NOA has been found and geological
evaluation is required prior to any grading.
4. BIOLOGICAL RESOURCES -- Would the project:
a) Have a substantial adverse effect, either directly or
through habitat modifications, on any species identified as a
candidate, sensitive, or special status species in local or
regional plans, policies, or regulations, or by the California
Department of Fish and Game or U.S. Fish and Wildlife
Service?
b) Have a substantial adverse effect on any riparian habitat
or other sensitive natural community identified in local or
regional plans, policies, or regulations or by the California
Department of Fish and Game or US Fish and Wildlife
Service?
c) Have a substantial adverse effect on federally protected
wetlands as defined by Section 404 of the Clean Water Act
(including, but not limited to, marsh, vernal pool, coastal,
etc.) through direct removal, filling, hydrological interruption,
or other means?
d) Interfere substantially with the movement of any native
resident or migratory fish or wildlife species or with
established native resident or migratory wildlife corridors, or
impede the use of native wildlife nursery sites?
e) Conflict with any local policies or ordinances protecting
biological resources, such as a tree preservation policy or
ordinance?
f) Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community Conservation Pl an,
or other approved local, regional, or state habitat
conservation plan?
SOURCES: Atascadero Native Tree Regulations; General Plan 2025; Conceptual Site Plan; Site Visit; Oak Tree
Protection Plan; Biological Resources Survey Report; and The U.S. Fish and Wildlife Service National Wetland
Inventory.
DISCUSSION:
4.a. According to the applicants Biological Resources Survey Report “no special-status plant species were identified
during the survey conducted on August 21, 2014;” however this botanical survey was not conducted within the
appropriate blooming season for special-status plant species with the potential to occur on the project site. Therefore,
a seasonal special-status plant survey should be conducted prior to any development activities to ensure the protection
of special-status species. The report further identified the possibility of silverly legless lizards and American badgers
being present on-site and identifies bird and bat nests in trees and recommends mitigation measures to reduce the risk
of impact to those species.
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Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
4.b.c. There is no riparian habitat and no wetland habitat within the project site . According to the U.S. Fish and
Wildlife Service National Wetlands Inventory the nearest wetland and riparian habitats to this site are approximately
0.24 miles away.
4.d. The site is located within the City’s urban core and is surrounded by residential and public uses. The Land Use
Element EIR concludes that development within the City limits will not have a significant impact on wildlife or wildlife
corridors. However the site is a habitat for nesting and migratory native birds, the Biological Resources Survey Report
concludes that vegetation and tree removal during the nesting season for birds could result in the destruction of active
bird’s nests. Destruction of active nests is prohibited by the Fish and Game Code of California Sections 3503 and
3503.1. To reduce this potential impact to nesting birds, impleme ntation of mitigation measure 4.d.1 and 4.d.2 will
reduce this impact to a less than significant threshold.
4.e. The proposed General Plan Amendment and Rezone consists of two project portions. The Groves portion of the
project contains a tentative map application as well as a conditional use permit which acts as the master plan of
development for the site. Tree impacts in this portion of the project are known and are discussed below. The Neighbor
parcels are submitted with a concept plan to show anticip ated future lotting layouts, however, no map or development
plan is proposed at this time. Any future development of this portion of the project will be required to adhere to the
City’s Tree Ordinance. Mitigation Measures are included below to achieve comp liance.
The Groves: There are 108 mature oak trees within the project boundary. The Oak Tree Protection Plan reports that
the trees on average display declining health. The applicant is proposing the removal of 19 native trees and notes that
two trees on the project site are currently dead (Oak Tree Protection Plan). The majority of trees to be removed are
located near lots 15 and 16 in the residential portion of the development. An additional tree is proposed for removal
along Street-A. The City’s Native Tree ordinance contains standards that dedicate when a tree may be removed. In this
instance, proposed development cannot be modified to accommodate the preservation of the identified native trees.
The applicant has demonstrated, to the extent feasible, t he preservation of native trees through site design and
location of project amenities. With the proposed mitigation measures incorporated, conflict with the City’s Native Tree
Ordinance is determined to be less than significant.
4.f. The site is not located in an area that will conflict with an adopted Habitat Conservation Plan, Natural Community
Conservation Plan, or other approved local, regional, or state habitat conservation plan.
Mitigation Measure 4.a.1: A qualified biologist shall conduct a pre -construction survey within 30 days of initial site
disturbance to identify whether silvery legless lizards are present. If silvery legless lizards are detected, a biological
monitor shall be present during initial ground disturbing and vegetation removal a ctivities to allow for a salvage and
relocation effort for the lizard and other ground dwelling common wildlife that may be present.
Mitigation Measure 4.a.2: A qualified biologist shall conduct a pre -construction survey within 30 days of initial site
disturbance to identify whether American badger are present. If American badger or their dens are detected during the
survey, the location of the den shall be mapped, the biologist shall monitor the den for three days if it is within 50ft of
proposed blueprints. If the den is deemed inactive it shall be destroyed if the den is active the biologist will continue
monitoring its status till the den becomes inactive so it can be destroyed, during that time all development activities
shall respect a 50ft buffer or exclusion zone around the den.
Mitigation Measure 4.a.3: Conduct a springtime rare plant survey to determine the presence/absence of any special -
status plants. Should any be discovered, implement a seed and/or plant salvage program and incorporate the s alvaged
material into the drainage setback and detention basin landscaped areas.
Mitigation Measure 4. d.1: Vegetation removal and initial site disturbance shall be conducted between September 1
and January 31 outside of the nesting season for birds. If vegetation and/or tree removal is planned for the bird nesting
season, then preconstruction nesting bird survey, prepared by a qualified biologist, shall be required to determine if
any active nests would be impacted by project construction. If no active nests are found, then no further mitigation
shall be required. If any active nests are found that would be impacted by construction, then the nest sites shall be
avoided with the establishment of a non -disturbance buffer zone around active nests as determi ned by a qualified
biologist. Nest sites shall be avoided and protected with the non-disturbance buffer zone until the adults and young of
the year are no longer reliant on the nest site for survival as determined by a qualified biologist. As such, avoidin g
disturbance or taking of an active nest would reduce potential impacts on nesting birds to a less -than-significant level.
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Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
Mitigation Measure 4.e.1: Grading and excavation activities shall be consistent with the City of Atascadero Tree
Ordinance. Special precautions when working around native trees include:
1. During grading activities an arborist must be present
2. All existing trees outside of the limits of work shall remain.
3. Earthwork shall not exceed the limits of the project area.
4. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work
being done.
5. Vehicles and stockpiled material shall be stored outside the drip line of all trees.
6. All trees within twenty feet of construction work shall be fenced for protection w ith 4-foot chain link,
snow or safety fencing placed per the approved tree protection plan. Tree protection fencing shall be in
place prior to any site excavation or grading. Fencing shall remain in place until completion of all
construction activities.
7. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an
approved tree seal.
8. Utilities such as water, gas, power, cable, storm drainage, and sewer should be redirected from
under the canopy of any trees that are to remain.
9. Where a building is placed within the canopy of a tree the foundation should be redesigned so that it
bridges across any root systems.
10. Any foundation or other structure that encroaches within the drip line of trees to be saved shall be
dug by hand.
11. At no time shall tree roots be ripped with construction equipment.
Mitigation Measure 4.e.2: Tree protection fencing shall be installed at the locations called out in the Tree Protection
Plan. An inspection of the tree fencing shall be done by City staf f prior to issuance of building permits.
Mitigation Measure 4.e.3: The following measure shall be incorporated on-site during the construction process of the
proposed project:
1. A minimum height construction protective barrier shall be erected around th e drip line of the tree plus
4’. The fence shall be supported with “T” posts at no more than 6’ o.c. and tied at least 3 places per
post. This fence shall be installed by the General Contractor before any rough grading is allowed on
the site. Approval for this stage must be obtained in writing from either the Arborist or the
Counties/Cities representative.
2. Earthwork shall not exceed the limits of the project area.
3. Low branches in danger of being torn during construction process shall be pruned prior to any heavy
equipment work being undertaken.
4. Once the rough grading is accomplished the fence may be moved closer to the trunk of the tree for
finish grading. At no time shall the fence be placed within the Critical Root Zone (CRZ). This location
is determined by the diameter of the trunk at Diameter Breast Height (DBH). (4.5’ above grade) and
is 1’ per 1” diameter in the direction of the drip line. At no time shall the fence be moved closer to the
trunk than the drip line, unless additional preservation measures are implemented as recommended
by the project arborist.
5. Any roots that are encountered over 2” diameter, during the excavation process shall be clean cut
perpendicular to the direction of root growth with a handsaw. At no time shall tree seal be applied t o
any cut. Any roots over 2” diameter the county/city representative shall be notified to determine the
preferred course of action.
6. All trenching with CRZ area shall require hand trenching to preserve and protect roots over 2” in
diameter.
7. No grading of trenching is allowed within the CRZ fenced area without written permission from the
County/City representative or a certified arborist.
8. Any roots over 4” in diameter are not to be cut or ripped until inspected and approved in writing by
the arborist.
9. If, for whatever reason, work must be accomplished inside the drip line 4”-6” of mulch must be
applied first to decrease the possibilities of compaction upon written approval from the arborist.
10. There shall be a pre-construction meeting between the Engineering/Planning staff of the County/City,
Grading equipment operators, Project Superintendent and the Arborist to review the project
conditions and requirements prior to any grubbing or earth work for any portions of the project site.
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All tree protection fencing shall be installed for inspection prior to this meeting.
11. All trees shall be pruned before any construction takes place that are in the development areas to be
saved if they might be damaged by the construction equipment. This must be accomplished by a
bonded, licensed, and certified Tree Service Contractor.
12. All debris shall be cleared from the area or chipped and spread on the site or stacked in orderly piles
for future use by the Owner, at the Owners request.
13. In locations where paving is to occur within the drip line, grub only and do not compact unless
authorized in writing by the arborist or required by the City Engineer for the construction of
infrastructure improvements. Permeable pavers or other permeable surfaces should be used as
paving under the drip line as approved by the Arborist.
Mitigation Measure 4.e.4: Upon project completion and prior to final occupancy a final status report shall be prepared
by the project arborist certifying that the tree protection plan was implemented, the trees designated for protection were
protected during construction, and the construction -related tree protection measures are no longer required for tree
protection.
Mitigation Measure 4.e.5: All utilities shall remain outside the driplines of native trees , unless preservation measures,
as specified by the project arborist, are implemented .
Mitigation Measure 4.e.6: Establish an open space preservation easement on portions of lots 15 and 16 to protect a
portion of the existing oak grove.
5. CULTURAL RESOURCES -- Would the project:
a) Cause a substantial adverse change in the significance of
a historical resource as defined in '15064.5?
b) Cause a substantial adverse change in the significance of
an archaeological resource pursuant to '15064.5?
c) Directly or indirectly destroy a unique paleontological
resource or site or unique geologic feature?
d) Disturb any human remains, including those interred
outside of formal cemeteries?
_____________________________________________________________________________________________
SOURCES: Project description; Site Plan; CEQA Guidelines Sections 15060 to 15065; Atascadero City GIS Data; Site
Visit; Archaeological Survey Report.
DISCUSSION:
5.a.b.c. Geographical Information systems (GIS) of the City of Atascadero show that there are no known historic or
archaeological resources located on or adjacent to the site. The Archaeological Survey conducted by SWCA
Environmental Consultants has a concurring statement that “no historical resources or unique archeological
resources…were identified in the project area…however…it is possible that isolated and potentially significant artifacts
are present, but obscured at the time of the survey” as such SWCA “recommends that an archaeological monitor be
present during initial vegetation clearing, site “grubbing, and grading”. Having a monitor on -site during initial clearing
activities would reduce the risk of disturbing an archaeological site to no impact.
5.d. No known human remains have been found or documented in the vicinity of the project . The site may have human
remains on-site due to no known archeological study completed directly on -site. In addition, known Native American
burial sites have been located around the project area. Implementation of mitigation measure 5.d.1, will reduce the
potential for a significant impact to less than significant thresholds.
Mitigation 5.a.b.c.1: An archaeological monitor shall be present during initial vegetation clearing, site “grubbin g, and
grading for all portions of the project.
Mitigation 5.d.1: In the event that human remains are discovered on the property, all work on the project shall stop and
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the Atascadero Police Department and the County Coroner shall be contacted. The Atascadero Community
Development Department shall be notified. If the human remains are identified as being Native American, the
California Native American Heritage Commission (NAHC) shall be contacted at (916) 653 -4082 within 24 hours. A
representative from both the Chumash Tribe and the Salinan Tribe shall be notified and present during the excavation
of any remains.
6. GEOLOGY AND SOILS -- Would the project:
a) Expose people or structures to potential substantial
adverse effects, including the risk of loss, injury, or death
involving:
i) Rupture of a known earthquake fault, as delineated
on the most recent Alquist-Priolo Earthquake Fault
Zoning Map issued by the State Geologist for the area
or based on other substantial evidence of a known
fault? Refer to Division of Mines and Geology Special
Publication 42.
ii) Strong seismic ground shaking?
iii) Seismic-related ground failure, including
liquefaction?
iv) Landslides?
b) Result in substantial soil erosion or the loss of topsoil?
c) Be located on a geologic unit or soil that is unstabl e, or
that would become unstable as a result of the project, and
potentially result in on- or off-site landslide, lateral
spreading, subsidence, liquefaction or collapse?
d) Be located on expansive soil, as defined in Table 18-1-B
of the Uniform Building Code (1994), creating substantial
risks to life or property?
e) Have soils incapable of adequately su pporting the use of
septic tanks or alternative wastewater disposal systems
where sewers are not available for the disposal of
wastewater?
SOURCES: Project description; Land Use Element EIR; Geotechnical Engineering Report; Earth Systems Pacific;
Preliminary Grading and Drainage Plan, North Coast Engineering; City of Atascadero GIS.
DISCUSSION:
6.a.i The project is not located on any known earthquake faults. The property contain s no unusual geological
formations. Therefore no impact.
6.a.ii. Although there are no known faults within the project area, there are faults located near the City that have been
known to create seismic events. The 2003 San Simeon earthquake was the last known large seismic event that
affected the proposed project area. The City adopts the California Building Code as its building code and updates this
code during each required adoption cycle. This code is continually updated with requirements to make build ing safer
during a seismic event. Incorporation of the latest California Building Code requirements at the time of building permit
submittal will reduce the exposure of people and structures to strong ground shaking to a less than significant level.
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6.a.iii. City of Atascadero Geographical information systems (GIS) show the project site to be in an area of low to
moderate risk for liquefaction, therefore no impact. .
6.a.iv. GIS mapping shows the project site to be in an area of moderate to high risk for landslides therefore mitigation
is necessary to reduce impact of potential landslides. Incorporation of the latest California Building Code requirements
and a soils report by a qualified soil scientist at the time of building permit submittal will reduce the exposure of people
and structures to landslide events to a less than significant level.
6.b. GIS depicts the project site to consist of low to moderate erodible soils. The incorporation of mitigation measures
will reduce soil erosion on site to a les s than significant level. Construction activities on the site will be required to
comply with sedimentation and erosion control measures prescribed by the City Engineer as well as mitigation proposed
by the geotechnical report. Mitigation measure 6.b.1 th rough 6.b.4 shall be implemented and potential significant
impacts to a less than significant threshold.
6.c.d. Geographical Information System’s expansion determination indicates that the bearing soils lie in the “Low to
Moderate” and “Moderate” expansion potential ranges. Due to the site area’s non -expansive soils and crushed rock, the
Preliminary Stormwater Control Plan and Basin Analysis Report concluded that no special measures with respect to
expansive soils are considered necessary. Therefore, impac ts are considered less than significant.
6.e. The higher density portion of the site (The Groves: 2 du/ac) will be served by City sewer. The portion of the site
proposed for a 1 du/ac density (The Neighbor Parcels) may be served by City sewer or on -site septic systems. Any
existing or new lot served by an onsite septic system will be required to meet all applicable City and State regulations
governing such. Therefore, there is no impact.
Mitigation Measure 6.b.1: The on-site subdivision / grading permit plans shall include erosion control measures to
prevent soil, dirt, and debris from entering the storm drain system during and after construction, consistent with
mitigation or construction methods outlined in the geotechnical report. Plans shall be approv ed by the City Engineer
prior to issuance.
Mitigation Measure 6.b.2: All cut and fill slopes mitigated with an appropriate erosion control method (erosion control
blanket, hydro-mulch, or straw mulch appropriately anchored) immediately after completion of earthwork, as approved
by the City Engineer. All disturbed slopes shall have appropriate erosion control methods in place.
Mitigation Measure 6.b.3: The contractor will be responsible for the cleanup of any mud or debris that is tracked onto
public streets by construction vehicles. An approved device must be placed prior to commencement of grading
activities. This device shall be approved by the City Engineer.
Mitigation Measure 6.b.4: A re-vegetation plan shall be submitted with building permits. All disturbed cut and fill
slopes shall be vegetated as specified in a landscaping plan. The landscaping plan must be approved by both the
Community Development Department and the Public Works Department.
7. GREENHOUSE GAS EMISSIONS -- Would the project:
a) Generate greenhouse gas emissions, either directly or
indirectly, that may have a significant impact on the
environment?
b) Conflict with any applicable plan, policy or regulation of
an agency adopted for the purpose of reducing the
emissions of greenhouse gases?
SOURCES: Project description; Site Plan; San Luis Obispo County Air Pollution Control District (APCD) CEQA Air
Quality Handbook, 2012; Atascadero 2014 Climate Action Plan; General Plan 2025, 2004.
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DISCUSSION:
7.a. According to the Operational Screening Criteria for Project Air Quality Analysis (Table 1 -1, SLOAPCD, 2012),
Single Family Housing would have to be at or over 68-70 dwelling units in order to be expected to exceed the APCD
Annual GHG Bright Line Threshold as well as the APCD Daily Ozone Precursor Significance Threshold. The proposed
project may include up to 39 additional units to be constructed on the project site.
The proposed residential units do not exceed air quality and emissions thresholds set by the Operational Screening
Criteria for Project Air Quality Analysis (Table 1-1, SLOAPCD, 2012). Therefore the proposed project’s impacts are
determined to be less than significant.
7.b. The proposed project will allow for an increase in residential density on existing residential parcels. The proposed
project is in the vicinity of existing higher density residential ne ighborhoods and public uses including a City park. The
proposed project is not in conflict with the City’s adopted Climate Action Plan, and therefore the impact is determined
to be less than significant.
Mitigation Measure: No applicable mitigation measu res
8. HAZARDS AND HAZARDOUS MATERIALS -- Would the project:
a) Create a significant hazard to the public or the
environment through the routine transport, use, or disposal
of hazardous materials?
b) Create a significant hazard to the public or the
environment through reasonably foreseeable upset and
accident conditions involving the release of hazardous
materials into the environment?
c) Emit hazardous emissions or handle hazardous or acutely
hazardous materials, substances, or waste within one-
quarter mile of an existing or proposed school?
d) Be located on a site which is included on a list of
hazardous materials sites compiled pursuant to Government
Code Section 65962.5 and, as a result, would it create a
significant hazard to the public or the environment?
e) For a project located within an airport land use plan area
or, where such a plan has not been adopted, within two
miles of a public airport or public use airport, would the
project result in a safety hazard for people living or working
in the project area?
f) For a project within the vicinity of a private airstrip, would
the project result in a safety hazard for people living or
working in the project area?
g) Impair implementation of or physically interfere with an
adopted emergency response plan or emergency
evacuation plan?
h) Expose people or structures to a significant risk of loss,
injury or death involving wildland fires, including where
wildlands are adjacent to urbanized areas or where
residences are intermixed with wildlands?
SOURCES: Project description; General Plan Land Use Element; Department of Toxic Substances Control:
EnviroStor; City of Atascadero GIS.
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DISCUSSION
8.a.b.c. The proposed project does not generate or involve the use of significant amounts of hazardous materials.
There are no known hazardous materials on the site or nearby. Therefore no impact.
8.d. The property is not a listed hazardous material site on the EnviroStor database. Therefore no impact.
8.e.f. The property is not near an airport. Therefore no impact.
8.g. Proposed project does not impair implementation with an adopted emergency response plan or evacuation plan,
therefore no impact.
8.h. The proposed project is within the urban services line and not located adjacent to rural residential parcels under
County jurisdiction. The project site is bounded by a City maintained park to the North and commercial and public uses
to the west. The fire response time is listed as 5 minutes or less. Geographical information systems show the project
site to be in a high fire hazard zone. Implementation of the Mitigation Measure 8.h.1 will render this impact to a less
than significant threshold.
Mitigation Measure 8.h.1: All new construction will comply with section the California Building and Fire Codes. New
residences in the City are required to install fire sprinklers. Fire protection measures shall include the use of non -
combustible exterior construction and roofs and fire-resistant building materials.
9. HYDROLOGY AND WATER QUALITY -- Would the project:
a) Violate any water quality standards or waste discharge
requirements?
b) Substantially deplete groundwater supplies or interfere
substantially with groundwater recharge such that there
would be a net deficit in aquifer volume or a lowering of the
local groundwater table level (e.g., the production rate of
previously-existing nearby wells would drop to a level that
would not support existing land uses or planned uses for
which permits have been granted)?
c) Substantially alter the existing drainage pattern of the site
or area, including through the alteration of the course of a
stream or river, in a manner which would result in
substantial erosion or siltation on- or off-site?
d) Substantially alter the existing drainage pattern of the site
or area, including through the alteration of the course of a
stream or river, or substantially increase the rate or amount
of surface runoff in a manner that would result in floodi ng
on- or off-site?
e) Create or contribute runoff water which would exceed the
capacity of existing or planned stormwater drainage systems
or provide substantial additional sources of polluted runoff?
f) Otherwise substantially degrade water quality?
g) Place housing within a 100-year flood hazard area as
mapped on a federal Flood Hazard Boundary or Flood
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Insurance Rate Map or other flood hazard delineation map?
h) Place within a 100-year flood hazard area structures that
would impede or redirect flood flows?
i) Expose people or structures to a significant risk of loss,
injury or death involving flooding, including flooding a s a
result of the failure of a levee or dam?
j) Inundation by seiche, tsunami, or mudflow?
____________________________________________________________________________________________
SOURCES: Project description; Atascadero GIS; FEMA Flood Map; Site Plan; Resolution No. R3-2013-0032 Central
Coast Water Control Board; California Department of Conservation.
DISCUSSION:
9.a. The proposed project will add additional wastewater discharge and reduce storm water infiltration on a primarily
vacant site. The proposed lot sizes range from 0.25 acres to over 1 -acre. Storm water regulations require that
additional runoff due to increased impervious surfaces be retained on site and metered out to natural drainage
patterns. Overall, the proposed project will have a less than significant impact on water quality standards. Erosion,
sediment and environmental control measures specified in the project description shall be implemented as necessary
to ensure reduced pollutant releases and minimize potential environmental impacts of the project. Therefore, the
proposed project will have a less than significant impact.
9b. The proposed rezoning and future development will not deplete ground water supplies. Water will be provided by
Atascadero Mutual Water Company. All building permits require a will serve letter from Atascadero Mutual Water
Company prior to permit issuance.
9c.d.f. Future construction activities are subject to review for compliance with City drainage and grading regulations.
Drainage will not be permitted to create or intensify any hazards for persons or property in the vicinity.
9e. The Central Coast Water Quality Control Board requires reducing pollutant discharges to the Maximum Extent
Practicable and preventing storm water discharges from causing or contributing to a violation of receiving water quality
standards in all applicable development projects that require approvals and/or permits issued under the Permittee’s
planning, building, or other comparable authority.
9.g.h.i. The proposed development will be outside of the 100 -year flood hazard area.
9.j. The project area is not subject to inundation by a tsunami, according to the California Department of
Conservation.
Mitigation Measure 9.d.e.f.1: The project shall integrate Low Impact Development Best Management Practice’s into
the project design which may include on-site detention and/or retention basins, pervious paving, and vegetated
swales. The detention basins must meet the City’s drainage design standards with surface runoff being treated for
water quality through structural control measures including: disconnected downspouts flowing to vegetated bio-swales,
and pervious pavement and/or landscape areas to control storm volume. All drainage control features shall be subject
to the approval of the City Engineer.
Mitigation Measure 9.d.e.f.2: The developer shall ensure 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.
10. LAND USE AND PLANNING - Would the project:
a) Physically divide an established community?
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b) Conflict with any applicable land use plan, policy, or
regulation of an agency with jurisdiction over the project
(including, but not limited to the general plan, specific plan,
local coastal program, or zoning ordinance) adopted for the
purpose of avoiding or mitigating an environmental effect?
c) Conflict with any applicable habitat conservation plan or
natural community conservation plan?
SOURCES: Land Use Element; Project description; Lot Line Adjustment Map; and Atascadero Municipal Code.
DISCUSSION:
10.a. The project will not physically divide an established community. The proposed General Plan Amendment and
Zone Change will result in an increase in residential density within an existing residential neighborhood.
10.b. The proposed General Plan Amendment and zoning map change are being proposed in order to enable future
higher density residential uses adjacent to existing small -lot single-family development, City recreational facilities, and
public uses. While the proposed application is seeking modification to the current zoning and General Plan
designations, the proposed use is consistent with the surrounding neighborhood and supports housing goals.
10.c. The project is consistent with the open space and conservation policies identified in the General Plan.
Mitigation Measure: No applicable mitigation measures
11. MINERAL RESOURCES -- Would the project:
a) Result in the loss of availability of a known mineral
resource that would be of value to the region and the
residents of the state?
b) Result in the loss of availability of a locally-important
mineral resource recovery site delineated on a local general
plan, specific plan or other land use plan?
SOURCES: Project description and Planning staff site visit.
DISCUSSION:
11.a.b. No mining is proposed as a part of this project. No known mineral resources have been identified in the area.
Mitigation Measure: No applicable mitigation measures
12. NOISE -- Would the project result in:
a) Exposure of persons to or generation of noise levels in
excess of standards established in the local general plan or
noise ordinance, or applicable standards of other agencies?
b) Exposure of persons to or generation of excessive
ground-borne vibration or ground-borne noise levels?
c) A substantial permanent increase in ambient noise levels
in the project vicinity above levels existin g without the
project?
d) A substantial temporary or periodic increase in ambient
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noise levels in the project vicinity above levels existing
without the project?
e) For a project located within an airport land use plan or,
where such a plan has not been adopted, within two miles of
a public airport or public use airport, would the project
expose people residing or working in the project area to
excessive noise levels?
f) For a project within the vicinity of a private airstrip, would
the project expose people living or working in the project
area to excessive noise levels?
SOURCES: Project description; Noise Element; Noise Ordinance; Acoustical Design Manual ; Acoustic Study; David
Dubbink Associates; and the Quarry EIR.
DISCUSSION:
12a. The proposed project is located on an identified truck route utilized by the Rocky Mountain Quarry to the north -
east of the project site. The Quarry EIR identifies a maximum of 212 daily truck trips with 46 occurring at peak hours.
Based on the acoustical analysis prepared by David Dubbink Associates, the average Leq for parcels along Halcon
and Viejo Camino is calculated at 62.2 dB, 2 dB in excess of the City’s standard for outdoor activity areas. Normal
residential construction would reduce the exterior dB by 20%, therefore, interior levels remain below the 45 dB level.
The Acoustic Study determined that with the implementation of recommended mitigations, the project will not result in
significant exposure of persons to the generation of noise levels in excess of standards established in the local general
plan or noise ordinance. Mitigation measures have been identified below consistent with the recommendations
contained in the Acoustical Analysis to ensure compliance wi th the City’s maximum dB standards for residential indoor
and outdoor activity spaces.
12.b.c.d. Future development of the residential multi-family lot is expected to involve some construction equipment and
use of impact tools that make noise. Noise leve ls on the site are thus expected to be raised temporarily. The future
residential units and the commercial use of the existing building on site are not expected to generate unacceptable
levels of noise. Any electrical or mechanical equipment used for const ruction of the proposed project is required to
comply with the Atascadero Noise Ordinance, Chapter 14 in the Atascadero Municipal Code. Any permanent change in
ambient noise levels that might be created by equipment or equipment shelter mechanical features will be required to
be designed to be consistent with the Noise Ordinance.
12.e.f. The project is not located within an airport land use plan or private airstrip.
Mitigation Measure12.a.1: Private yard outdoor activity spaces for each residential parc el adjacent to Viejo Camino and
Halcon Rd where outdoor noise levels exceed City standards shall be located where the building provides acoustical
screening opportunities. If no such areas exist within the design of the structure on the site, private outdo or use areas
shall be enclosed by a 6-foot high solid wall.
Mitigation Measure 12.a.2: Windows on facades adjacent to Halcon and Viejo Camino Road shall include additional
sound attenuation features such as dissimilar glass or other methods aimed at redu cing sound transmission beyond
the standard dual pane requirements.
13. POPULATION AND HOUSING -- Would the project:
a) Induce substantial population growth in an area, either
directly (for example, by proposing new homes and
businesses) or indirectly (for example, through extension of
roads or other infrastructure)?
b) Displace substantial numbers of existing housing,
necessitating the construction of replacement housing
elsewhere?
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Less Than
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No
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c) Displace substantial numbers of people, necessitating the
construction of replacement housing elsewhere?
_____________________________________________________________________________________________
SOURCES: Project description and General Plan Land Use Element.
DISCUSSION:
13.a. The project proposes up to a maximum of 45 primary dwelling units. The project is bounded by public uses,
commercial uses, City recreation facilities, and residential uses. There are currently six existing residential units on the
project site, which may remain with future development of the parcels or may be replaced by new housing units. City
wastewater infrastructure is located in proximity to the project site and the project site is located within the identified
Urban Services Line where the General Plan anticipates more intensive u ses to occur. These units and associated
infrastructure improvements will not induce direct or indirect substantial population growth in the City of Atascadero.
13.b.c. No housing or persons will be displaced. All buildings on site are currently vacant.
Mitigation Measure: No applicable mitigation measures
14. PUBLIC SERVICES -- Would the project result in substantial adverse physical impacts associated with
the provision of new or physically altered governmental facilities, need for new or physically altered
governmental facilities, the construction of which could cause significant environmental impacts, in order to
maintain acceptable service ratios, response times or other performance objectives for any of the public
services:
Fire protection?
Police protection?
Schools?
Parks?
Other public facilities?
SOURCES: Project description; Land Use Element EIR; City Fire Department; City Police Department; and City Public
Works Department.
DISCUSSION:
Development Impact Fees: Development Impact Fees will be required of any new project for which a building permit is
issued. The concept of the impact fee program is to fund a nd sustain improvements which are needed as a result of
new development as stated in the General Plan and other policy documents within the fee program. Development
Impact Fees fall into the following categories: Drainage Fees; Streets, Road, Bridge Fees; Sewer Fees; Public Safety
Fees; Park Fees, and Miscellaneous Fees. In addition, school fees are collected by the Atascadero Unified School
District. The amount of impact fees to be paid will be determined at the time of issuance of building permit.
Fire and Police: Impact fees are charged for new development, to help pay the cost of providing new facilities to serve
the expanding city. The Fire Department of the City of Atascadero has indicated that it will be able to adequately
service the proposed project. The applicant shall comply with all requirements of the Fire Department. The City of
Atascadero Police Department has also indicated that the proposed project poses no problems to the police to
adequately service it. In addition to typical fire and police development impact fee payments, the proposed project will
need to annex into the City’s Community Facilities District (CFD). Since 2005, the City requires new development to
annex into the City’s CFD to off-set on-going costs to provide police, fire, and parks services. The proposed project will
not result in substantial adverse impacts to these public services; therefore the impact is less than significant.
Schools: At build out of the General Plan, the city’s population will overburden the existing school system unless
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PLN 2014-1529 – Halcon GPA
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
additional classroom space is added. The Atascadero Unified School District charges impact fees to fund additional
schools as needed. State law restricts mitigation of school impacts to the levying of these fees and other measur es
adopted by the school district. Provision of adequate facilities for the population is the responsibility of the school
district. Development impact will be assessed by the school district, and collected at the time of building permit
issuance for each residential unit.
Parks: The proposed project will not increase demand on existing City parks and recreation facilities . The proposed
project applicant will be required to pay development impact fees as a part of building permit issuance for additional
park facilities within the City. In addition, the project will be required to annex into the City’s CFD for on -going
maintenance costs of existing parks. With the payment of these fees and annexation into the City’s CFD, the impact is
less than significant.
Other public facilities: The construction of the project will have no impact on construction of other public facilities.
Mitigation Measure: 14: Prior to final map recordation, the applicant shall annex into the City’s Community Facilities
District (CFD) to off-set additional costs associated with the provision of additional police, fire, and park services.
15. RECREATION --
a) Would the project increase the use of existing
neighborhood and regional parks or other recreational
facilities such that substantial physical deterioration of the
facility would occur or be accelerated?
b) Does the project include recreational facilities or require
the construction or expansion of recreational facilities that
might have an adverse physical effect on the environment?
SOURCES: Project description; Parks and Recreation Element.
DISCUSSION:
15.a. Future residents are expected to use existing parks and recreational facilities, but not in numbers that are
expected to result in substantial physical deterioration of any facilities. The proposed project is required to pay
Development Impact Fees for each new residential unit as well as pay into the City’s Community Facilities District
(CFD) to off-set additional maintenance costs created by new residences. With implementation of mitigation measure
15.a.1, the impact is less than significant.
15.b. The project does not involve construction of recreational facilities.
See Mitigation Measure 14
16. TRANSPORTATION/TRAFFIC -- Would the project:
a) Conflict with an applicable plan, ordinance or policy
establishing measures of effectiveness for the performance
of the circulation system, taking into account all modes of
transportation including mass transit and non-motorized
travel and relevant components of the circulation system,
including but not limited to intersections, streets, highways
and freeways, pedestrian and bicycle paths, and mass
transit?
b) Conflict with an applicable congestion management
program, including, but not limited to level of service
standards and travel demand measures, or other standards
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Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
established by the county congestion management agency
for designated roads or highways?
c) Result in a change in air traffic patterns, including either
an increase in traffic levels or a change in location that
results in substantial safety risks?
d) Substantially increase hazards due to a design feature
(e.g., sharp curves or dangerous intersections) or
incompatible uses (e.g., farm equipment)?
e) Result in inadequate emergency access?
f) Conflict with adopted policies, plans, or programs
regarding public transit, bicycle, or pedestrian facilities, or
otherwise decrease the performance or safety of such
facilities?
SOURCES: Land Use Element; Circulation Element; Project Description; ITE Trip Generation Rates (8th edition);
Atascadero Fire Department;, City of Atascadero Engineering Standards ; and Transportation Impact Study.
DISCUSSION:
16a.b. The Transportation Impact Study concludes the proposed project is estimated to generate 565 new daily trips,
45 new AM peak hour trips, and 57 new PM peak hour trips. Under existing plus the project scenario all study
intersections would operate acceptably at Level of Service (LOS) B or better with the addition of project trips.
Under the cumulative plus project scenario the LOS delays increase at all identified intersections that were studied.
The LOS at the Santa Barbara Rd / El Camino Real intersection and the Santa Barbara Rd / Viejo Camino
intersections remain at acceptable levels with delays running at LOS B or better. Any LOS below of a LOS D is
considered deficient under the City’s General Plan. Proposed project traffic impact is c onsidered less than significant.
US 101 Mainline Operations and Interchange – Santa Rosa Road
The Traffic Report shows additional queuing delays at the US 101 / Santa Barbara Road northbound and southbound
on-ramps. The Traffic Report cumulative impact analysis takes into consideration the Eagle Ranch project and the
build-out impacts of that project on the US 101/Santa Barbara interchange. The cumulative impacts identified in the
traffic analysis list the Santa Barbara / US 101 interchange at a LOS C during the AM peak hours and a LOS F for the
PM peak hour. In both scenarios, the queues exceed the storage capacity of the overpass. While the Eagle Ranch
project is a major contributor to the LOS decline at the interchange, the proposed project d oes contribute to the
decline.
The Santa Barbara Road / US 101 interchange is an identified project (ST-37) under the City’s Master Facilities Plan
for improvements. The 2006 Study identified that the interchange required an estimated $8.1 million to construct
interchange improvements that includes, but not limited to right -of-way acquisition, round-about construction, lane
configuration, and interchange approach improvements. We anticipate that this cost has increased since the study was
completed. A current cost analysis is expected to be completed in early 2016. With the anticipated build-out of the
general plan, the Santa Barbara / US 101 interchange does not operate at unacceptable levels. Projects which
increase density or intensity of commercial and residentia l development above that anticipated in the General Plan
impact the LOS of the interchange. To mitigate deficiencies above those anticipated by the General Plan, the City
funded a study to determine fair share fee payments for new residential units and com mercial developments within the
area of impact. A mitigation measure has been included to pay for its “fair-share” of improvements to the Santa
Barbara Road interchange. Implementation of this mitigation measure creates an impact that is less than signific ant
with mitigation incorporated.
16.c. No changes will occur to the air traffic patterns .
16.d. The Neighbor parcels proposed for future mapping and development could allow for an additional 22 primary
units. The traffic report includes a sight distance analysis of the Neighbor parcels and the anticipated lotting pattern. It
was determined that access roads need to be consolidated once future development occurs to provide adequate sight
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PLN 2014-1529 – Halcon GPA
Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
distance onto Halcon Rd. A mitigation measures has been listed belo w to ensure that access way consolidation occurs
with any future development of the Neighbor parcels.
16.e. The proposed project provides adequate emergency vehicle access. The Fire department will review plans to
determine suitable fire protection measures; therefore impact is less than significant.
16.f. The project is located along a bike and pedestrian trail route identified in the City’s General Plan, the City’s Bike
Master Plan, and by the approved North San Luis Obispo County Salinas River Trail Map. Mitigations Measures have
been included below to include bicycle and pedestrian facilities consistent with these adopted plans, which will bring
the project impact to less than significant. In addition, the project will increase the density of residen tial units located
directly across from Paloma Park. The intersection at Halcon Rd and Viejo Camino is currently unimproved on both the
project side and the park side. The traffic report includes recommendations to provide safe pedestrian facilities at the
intersection of Halcon and Viejo Camino, as listed below.
Mitigation Measure 6.a.b.1: In addition to the City’s Development Impact Fees, each new residential unit shall pay
towards its fair share of the US 101 / Santa Barbara interchange improvements. The project may be eligible for TIF fee
credits for Citywide development impact fees associated with the interchange improvements. Any TIF credit shall be
approved by the City Engineer.
Mitigation Measure 16.d.1: Access for parcels abutting Halcon Rd shall be consolidated and shall be designed as
private roads meeting City road standards. Driveways to individual parcels with existing residences may be approved
by the City Engineer in locations where consolidated access cannot be utilized due to parcel lo cations. All access
roads and driveways shall be evaluated at the time of tentative map submittal and/or improvement permits for sight
distance.
Mitigation Measure 6.f.1: In addition to an on-street bike lane, a multi-use path shall be provided along Viejo Camino
and Halcon Roads consistent with the adopted City bike and trail Master Plan and the SLOCOG Salinas River Trail
Plan.
17. UTILITIES AND SERVICE SYSTEMS --Would the project:
a) Exceed wastewater treatment requirements of the
applicable Regional Water Quality Control Board?
b) Require or result in the construction of new water or
wastewater treatment facilities or expansion of existing
facilities, the construction of which could cause significant
environmental effects?
c) Require or result in the construction of new storm water
drainage facilities or expansion of existing facilities, the
construction of which could cause significant environmental
effects?
d) Have sufficient water supplies available to serve the
project from existing entitlements and resources, or a re new
or expanded entitlements needed?
e) Result in a determination by the wastewater treatment
provider that serves or may serve the project that it has
adequate capacity to serve the project’s projected demand
in addition to the provider’s existing commitments?
f) Be served by a landfill with sufficient permitted capacity to
accommodate the project’s solid waste disposal needs?
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Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
g) Comply with federal, state, and local statutes and
regulations related to solid waste?
SOURCES: Project description; Land Use Element; and Hydrology and Water Quality Element.
DISCUSSION:
17.a.b.e Six existing residential units are currently served by the City’s sewer system. The applicant will be required to
connect all residential units to the City’s sanitary sewer system. The City’s sewer system has capacity to treat all
wastewater generated by the proposed project and will not result in the construction or expansion of new or existing
wastewater facilities, therefore the impact is less than significant.
17.c. On-site storm water drainage has been designed to flow into a multiple detention basins throughout the project
site. Low Impact Development strategies are proposed as part of the projects development plan . Consistent with the
Regional Water Quality Control Board’s Post Stormwater Construction standards, all new discharges are contained on -
site and mimics pre-construction stormwater flow. Therefore, impact is less than significant.
17.d The Atascadero Mutual Water Company (AMWC) has indicated that it can provide water to the proposed project.
All property within the City limits is entitled to water from the AMWC . The project is not expected to require a significant
quantity of water for the proposed use. Water is p umped from several portions of the largest underground basin in the
county, the Paso Robles Formation, using a series of shallow and deep wells. The water company anticipates that it
will be able to meet the city’s needs through build out and beyond:
Water demand at build out is estimated to be at 16,000 -20,000 acre-feet per year (AFY). The City is projected to have
enough water to meet the demand with the Nacimiento Water Project which has allocated the City an additional 3,000
AFY with a flow rate of 3.48 million gallons per day (mgd). All proposed landscaping is drought -tolerant, consistent with
the City’s water efficient landscaping ordinance and the AMWCs water conservation programs. Turf will not be
permitted to be installed by the developer in any po rtion of the proposed project for consistency with the City’s
ordinance. This is included as a mitigation measure.
17.f.g. Solid waste will be collected by the City of Atascadero, through contract personnel, and processed to the
Chicago Grade landfill. There is sufficient capacity to serve the proposed project. Therefore the impact is less than
significant.
Mitigation Measure 17.d.1: Landscaping plans shall be submitted to the Community Development Department for
review and approval. Landscaping must cons ist of drought tolerant species and utilize drip irrigation. Turf shall not be
permitted as a part of the approved landscaping plan.
18. MANDATORY FINDINGS OF SIGNIFICANCE --
a) Does the project have the potential to degrade the quality
of the environment, substantially reduce the habitat of a fish
or wildlife species, cause a fish or wildlife population to drop
below self-sustaining levels, threaten to eliminate a plant or
animal community, reduce the number or restrict the range
of a rare or endangered plant or animal or eliminate
important examples of the major periods of California history
or prehistory?
b) Does the project have impacts that are individually
limited, but cumulatively considerable? ("Cumulatively
considerable" means that the incremental effects of a
project are considerable when viewed in connection with the
effects of past projects, the effects of other current projects,
and the effects of probable future projects)?
c) Does the project have environmental effects that will
cause substantial adverse effects on human beings, either
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Potentially
Significant
Impact
Less Than
Significant with
Mitigation
Incorporation
Less Than
Significant
Impact
No
Impact
directly or indirectly?
d) Does the project have the potential to achieve short-term
environmental goals to the disadvantage of long term
environmental goals?
DISCUSSION: This project site is currently comprised of 8 individual parcels, 6 of which contain existing single -
family residences. The proposed project will increase the residential density of the project site allowing for up to 45
residential units total. Project applications include a General Plan Amendment, Zone Map Change, Planned
Development Overlay Zone Change, Tentative Tract Map, and Master Plan of Development. The project site is
currently zoned for a residential density of 1 du/2.5 acres. The proposed zoning would include a 10 acre portion of
the site zoned for a density of 2 du/ac and the remaining 27.7 acre portion of the site at a density of 1 du/ac. Project-
related impacts have been identified and mitigation measures have bee n included within the proposal to reduce the
effect of the proposed project as described herein.
SOURCES:
California Department of Transportation
The U.S. Fish and Wildlife Service National Wetlands Inventory
General Plan 2025, City of Atascadero, 2004
California Department of Conservation
Zoning Ordinance, part of Municipal Code, City of Atascadero, as amended
CEQA Air Quality Handbook, Air Pollution Control District San Luis Obispo County, April 2012
Acoustical Design Manual, Brown-Buntin Associates, 1991
Flood Insurance Map FEMA Flood Map 08-09-1704V-060700,
Site Plan Resolution No. R3-2013-0032 Central Coast Water Control Board
CEQA Guidelines, Sections 15060 to 15065
City of Atascadero, GIS Data
Atascadero Tree Ordinance
Atascadero Fire Department
City of Atascadero Engineering Standards
California Department of Toxic Substances Control: Envirostor
PROJECT SOURCES:
Project Description
Site Improvement Plans,
Grading Plan
Preliminary Stormwater Drainage Plan
Biological Report
Tree Impact Report
Traffic Impact Study
Architectural Elevations
Acoustical Analysis
Archeological Survey Report
Biological Resources Survey Report
146
ATTACHMENT 5: Resolution PC 2015-A
Recommendation to Certify Proposed Mitigated Negative Declaration 2015-0007
DRAFT RESOLUTION PC 2016-A
MND CERTIFICATION
RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING
CITY COUNCIL CERTIFY MITIGATED NEGATIVE
DECLARATION 2015-0007
HALCON RESIDENTIAL PLANNED DEVELOPMENT
CONSCIOUSBUILD ATASCADERO DEV. LLC.
WHEREAS, an application has been received from
ConsciousBuild Atascadero Dev. LLC. (2921 Garabaldi Ave, San Luis Obispo, CA
93401) Owner and Applicant, and;
Ben and Amanda Poore (11675 Halcon Rd, Atascadero, CA 93422) Owner, and;
Carol Ratzlaff (11745 Halcon Rd, Atascadero, CA 93422) Owner, and;
Mike and Laura Joy (11885 Halcon Rd, Atascadero, CA 93422) Owner, and;
Shawn Sarnecki (11845 Halcon Rd, Atascadero, CA 93422) Owner, and;
Pat and Terri Rodda (11855 Halcon Rd, Atascadero, CA 93422) Owner, and;
Jeannie Dagnall (11875 Halcon Rd, Atascadero, CA 93422) Owner.
to consider Planning Application PLN 2014-1529, for a project consisting of a General
Plan Land Use Diagram Amendment, Zone Text and Map Amendments, Establishment of a
Planned Development Overlay Zone, Vesting Tentative Tract Map, Tree Removal Permit and
certification of a Mitigated Negative Declaration ("MND") on a 37.7± acre site located on Viejo
Camino and Halcon Road, Atascadero, CA 93422 (APN’s 045-401-003, & 004 and 045-401-
014, 013, 010, 009, 018, & 017); and,
WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2015-0007
were prepared for the project and made available for public review in accordance with the
requirements of the California Environmental Quality Act (CEQA); and,
147
WHEREAS, Section 21000, et. seq., of the Public Resources Code and Section
15000, et. seq., of Title 14 of the California Code of Regulations (the “CEQA Guidelines”),
which govern the preparation, content, and processing of Negative Declarations, have been fully
implemented in the preparation of the MND.
WHEREAS, pursuant to California State Law and the Atascadero Municipal Code,
public hearing notices were mailed to all property owners within an area exceeding a three
hundred foot radius of the subject property and a public hearing was published for a minimum of
10 days prior to the first public hearing; and
WHEREAS, a duly noticed public hearing was held by the Atascadero Planning
Commission on February 2, 2016, to consider the MND at which all interested persons were
given the opportunity to be heard and has recommended certification of the MND; and
WHEREAS, the Planning Commission of the City of Atascadero has reviewed and
considered the information contained in the MND for the Halcon Residential Planned
Development and associated applications; and,
NOW THEREFORE, the Planning Commission of the City of Atascadero, hereby
resolves to recommend that the City Council certify Proposed Mitigated Negative Declaration
2015-0007 based on the following Findings, and as shown in Exhibit A:
1. The Proposed Mitigated Negative Declaration has been completed in compliance with
CEQA; and,
2. The Proposed Mitigated Negative Declaration was presented to the Planning
Commission, and the information contained therein was considered by the Planning
Commission, prior to recommending action on the project for which it was prepared; and,
3. The project does not have the potential to degrade the environment when mitigation
measures are incorporated into the project; and,
4. The project will not achieve short-term to the disadvantage of long-term environmental
goals; and,
5. The project does not have impacts which are individually limited, but cumulatively
considerable; and,
6. The project will not cause substantial adverse effects on human beings either directly or
indirectly; and,
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.
148
On motion by, __________and seconded by ____________ the foregoing resolution is
hereby adopted in its entirety by the following roll call vote:
AYES: ( )
NOES: ( )
ABSTAIN: ( )
ABSENT: ()
ADOPTED:
CITY OF ATASCADERO, CA
______________________________
Planning Commission Chairperson
Attest:
______________________________
Phil Dunsmore
Planning Commission Secretary
149
Exhibit A: Proposed Mitigated Negative Declaration 2015-0007
150
ATTACHMENT 6: Draft Resolution PC 2015-B
Recommendation to Approve General Plan Amendment 2014-0030
DRAFT PC RESOLUTION 2016-B
GENERAL PLAN LAND USE DIAGRAM AMENDMENT
RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ATASCADERO, CALIFORNIA, APPROVING
GENERAL PLAN LAND USE DIAGRAM
AMENDMENT 2014-0030
HALCON RESIDENTIAL PLANNED DEVELOPMENT
CONSCIOUSBUILD ATASCADERO DEV. LLC.
WHEREAS, an application has been received from
ConsciousBuild Atascadero Dev. LLC. (2921 Garabaldi Ave, San Luis Obispo, CA
93401) Owner and Applicant, and;
Ben and Amanda Poore (11675 Halcon Rd, Atascadero, CA 93422) Owner, and;
Carol Ratzlaff (11745 Halcon Rd, Atascadero, CA 93422) Owner, and;
Mike and Laura Joy (11885 Halcon Rd, Atascadero, CA 93422) Owner, and;
Shawn Sarnecki (11845 Halcon Rd, Atascadero, CA 93422) Owner, and;
Pat and Terri Rodda (11855 Halcon Rd, Atascadero, CA 93422) Owner, and;
Jeannie Dagnall (11875 Halcon Rd, Atascadero, CA 93422) Owner.
to consider Planning Application PLN 2014-1529, for a project consisting of a General
Plan Land Use Diagram Amendment, Zone Text and Map Amendments, Establishment of a
Planned Development Overlay Zone, Vesting Tentative Tract Map, Tree Removal Permit and
certification of a Mitigated Negative Declaration ("MND") on a 37.7± acre site located on Viejo
Camino and Halcon Road, Atascadero, CA 93422 (APN’s 045-401-003, & 004 and 045-401-
014, 013, 010, 009, 018, & 017); and,
WHEREAS, the site’s current General Plan Land Use Designation is Suburban Estates
(SE); and,
WHEREAS, the site’s current Zoning Designation is Residential Suburban (RS); and,
151
WHEREAS, a General Plan Land Use Diagram Amendment is proposed by the
applicants to change the Land Use Designation of lots within the project site to Single-Family
Residential – X (SFR-X) and Single Family Residential – Y (SFR-Y) as identified in the
amended General Plan Land Use Diagram attached to this Resolution as Exhibit B; 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, an Initial Study and Draft Mitigated Negative Declaration 2015-0007 was
prepared for the project and made available for public review in accordance with the
requirements of the California Environmental Quality Act (CEQA); and,
WHEREAS, the Planning Commission has determined that it is in the best interest of the
City to enact this amendment to the General Plan to protect the health, safety and welfare of its
citizens by applying orderly development and expanding housing opportunities within the City;
and,
WHEREAS, a timely and properly noticed Public Hearing upon the subject general Plan
Land Use Diagram Amendment 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
General Plan amendments; and,
WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing
held on February 2, 2016, studied and considered General Plan Amendment 2014-0030 for the
Halcon Residential Planned Development, after first studying and considering the Draft
Mitigated Negative Declaration prepared for the project adopted Planned Development Overlay
Zone #33 in conjunction with CUP 2014-0284, and,
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City
of Atascadero makes the following findings, determinations and recommendations with respect
to the proposed General Plan Land Use Diagram Amendment:
SECTION 1. Findings for Approval the Halcon Residential Planned Development
General Plan Land Use Diagram Amendment:
The Atascadero Planning Commission finds as follows:
The proposed General Plan Amendment is consistent with the findings attached as
Exhibit A.
SECTION 2. Recommendation of Approval. The Atascadero Planning Commission,
in a regular session assembled on February 2, 2016 resolved to recommend that City Council
approve the General Plan Land Use Diagram Amendment consistent with the following exhibits:
1. EXHIBIT A: General Plan Amendment Findings
2. EXHIBIT B: General Plan Land Use Amendment Diagram
152
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, and seconded by the foregoing resolution is hereby adopted in it s entirety by the
following roll call vote:
AYES: ( )
NOES: ( )
ABSTAIN: ( )
ABSENT: ()
ADOPTED:
CITY OF ATASCADERO, CA
______________________________
Planning Commission Chairperson
Attest:
______________________________
Phil Dunsmore
Planning Commission Secretary
153
Exhibit A: General Plan Land Use Amendment Findings
Halcon Residential Planned Development
(PLN 2015-1529)
GENERAL PLAN AMENDMENT FINDINGS
1. The proposed General Plan Amendment has been prepared consistent with the
applicable laws and guidelines of the State of California; and,
Staff Comment: All applicable State Laws have been adhered to in the
preparation of this General Plan Amendment application.
2. A duly noticed public hearing has been held to receive and consider public
testimony regarding the proposed amendments to the General Plan Land Use
Diagram; and,
Staff Comment: Hearing notices were prepared in accordance with State Law
and applicable Atascadero Municipal Code requirements. A public hearing was
held by the Planning Commission at which public testimony was received and
considered prior to taking action on the proposed application.
3. The proposed amendment is in the public interest and protects the health, safety
and welfare of public by ensuring the orderly development of the City.
The proposed amendment is consistent with General Plan Land Use Policies 1.1,
1.3, 2.1, 2.3, 5.3, 6.1, 7.1, 7.2, 8.5, 15.1, and 15.6; Circulation Policies 1.1, 1.4,
1.5, 2.1, and 3.2; and Housing Element Policies 1.1, 4.3 and 10.1. The proposed
amendment provides for new housing opportunities within the City’s urban
services line and increases residential density in areas appropriate for residential
growth. The proposed Planned Development O verlay District and requirements
for a Master Planned neighborhood ensure that the overall neighborhood design
and layout supports existing and future traffic patterns and provides pedestrian
connectivity both internal and external to the development area.
154
Exhibit B: General Plan Land Use Diagram Amendment
Halcon Residential Planned Development
(PLN 2015-1529)
APN’s 045-401-003, & 004
Current GP designation: Suburban
Estates (SE)
Proposed GP designation: Single-
Family Residential – X (SFR-X)
APN’s 045-401-014, 013, 010, 009,
018, & 017
Current GP designation: Suburban
Estates (SE)
Proposed GP designation: Single-
Family Residential – Y (SFR-Y)
155
ATTACHMENT 7: Draft Resolution PC 2015-C
Recommendation to Approve Zone Text Amendment 2015-0178
DRAFT PC RESOLUTION 2016-C
PD-33 OVERLAY DISTRICT
ZONING CODE TEXT AMENDMENT
RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING
THAT THE CITY COUNCIL ADOPT AN ORDINANCE
ESTABLISHING A PLANNED DEVELOPMENT OVERLAY
DISTRICT #33 CODE TEXT (ZCH 2015-0178) FOR THE
HALCON RESIDENTIAL PLANNED DEVELOPMENT
HALCON RESIDENTIAL PLANNED DEVELOPMENT
CONSCIOUSBUILD ATASCADERO DEV. LLC.
WHEREAS, an application has been received from
ConsciousBuild Atascadero Dev. LLC. (2921 Garabaldi Ave, San Luis Obispo, CA
93401) Owner and Applicant, and;
Ben and Amanda Poore (11675 Halcon Rd, Atascadero, CA 93422) Owner, and;
Carol Ratzlaff (11745 Halcon Rd, Atascadero, CA 93422) Owner, and;
Mike and Laura Joy (11885 Halcon Rd, Atascadero, CA 93422) Owner, and;
Shawn Sarnecki (11845 Halcon Rd, Atascadero, CA 93422) Owner, and;
Pat and Terri Rodda (11855 Halcon Rd, Atascadero, CA 93422) Owner, and;
Jeannie Dagnall (11875 Halcon Rd, Atascadero, CA 93422) Owner.
to consider Planning Application PLN 2014-1529, for a project consisting of a General
Plan Land Use Diagram Amendment, Zone Text and Map Amendments, Establishment of a
Planned Development Overlay Zone, Vesting Tentative Tract Map, Tree Removal Permit and
certification of a Mitigated Negative Declaration ("MND") on a 37.7± acre site located on Viejo
Camino and Halcon Road, Atascadero, CA 93422 (APN’s 045-401-003, & 004 and 045-401-
014, 013, 010, 009, 018, & 017); and,
156
WHEREAS, the site’s current General Plan Land Use Designation is Suburban Estates
(SE); and,
WHEREAS, the site’s current Zoning Designation is Residential Suburban (RS); and,
WHEREAS, the Planning Commission has recommended that the City Council approve
a General Plan Land Use Diagram Amendment to change the Land Use Designation of lots
within the project site to Single-Family Residential (SFR-X) and Single-Family Residential – Y
(SFR-Y); and,
WHEREAS, a Zoning Ordinance Text Change is proposed by the applicants to establish
zoning code text for Planned Development Overlay Zone #33 (PD-33); and,
WHEREAS, Article 28 of the Atascadero Municipal Code allows for the creation of
Planned Development Overlay Zones to promote orderly and harmonious development and to
enhance the opportunity to best utilize special site characteristics; 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, an Initial Study and Draft Mitigated Negative Declaration 2015-0007 was
prepared for the project and made available for public review in accordance with the
requirements of the California Environmental Quality Act (CEQA); and,
WHEREAS, the Planning Commission has determined that it is in the best interest of the
City to amendment to the Zoning Code Text to protect the health, safety and welfare of its
citizens by applying orderly development and expanding housing opportunities within the City;
and,
WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Text
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 text
amendments; and,
WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing
held on February 2, 2016, studied and considered Zone text Change 2015-0178to establish
Planned Development Overlay Zone #33, after first studying and considering the Draft Mitigated
Negative Declaration prepared for the project, and,
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City
of Atascadero makes the following findings, determinations and recommendations with respect
to the proposed Zoning Code Text Amendment:
SECTION 1. Findings for Approval of a Zone Text Change Amendment creating a
Planned Development District Zone #33. The Planning Commission finds as follows:
157
1. The proposed amendment is in conformance with the adopted General Plan Goals,
Policies, and Programs and the overall intent of the General Plan, and;
2. 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,
3. The proposed project or use will not be inconsistent with the character or the
immediate neighborhood or contrary to its orderly development; and,
4. The proposed zone change will not create any new significant and unavoidable
impacts to traffic, infrastructure, or public service impacts; and
5. The proposed zone change is consistent with the project-specific Mitigated
Negative Declaration and incorporates all feasible mitigation measures consistent
with the Mitigation Monitoring and Reporting Program; and,
6. Modification of development standards or processing requirements is warranted
to promote orderly and harmonious development, and;
7. 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, and;
8. Benefits derived from the overlay zone cannot be reasonably achieved through
existing development standards or processing requirements.
SECTION 2. Recommendation of Approval. The Planning Commission of the City of
Atascadero, in a regular session assembled on February 2, 2016 resolved to recommend that the
City Council introduce for first reading, an ordinance that would amend the City Zoning
Ordinance with the following:
9-3.678 Establishment of Planned Development Overlay Zone No. 33 (PD33)
Planned Development Overlay Zone No. 33 is established as shown on the official zoning maps (Section
9-1.102 of this title). A Planned Development Overlay Zone No. 33 is established on parcels APN’s 045-
401-003, & 004 and 045-401-014, 013, 010, 009, 018, & 017 with a combined acreage of 37.7
acres. Development shall be permitted as follows:
(a) Project Area Development Standards
The following development standards shall be applicable to the entire project area as identified in Figure
1.
(1) Lots of less than 1-acre net shall be required to hook up to City sewer.
158
(2) All utilities, including electric, telephone and cable, along the frontage of, and within the
PD and along the project frontages shall be installed and/or relocated underground.
(3) All residential uses shall be consistent with the requirements of the underlying zoning
district except as allowed by a master plan of development.
(4) Any future tree removal shall require approval of the Planning Commission. Exceptions
for single-family uses will not be considered exempt within the Planned Development Overlay Zone.
(5) Street trees shall be provided along all internal and abutting public street frontages at a
maximum spacing of 30-feet on-center. Clustering and alternative spacing may be approved by the City
Engineer to accommodate topographic, sight-distance, or drainage conflicts or to maintain the rural
setting within larger lot development areas.
(6) The construction of any new residential unit (not applicable to replacement of existing
units) shall require payment of a mitigation fee toward the Santa Barbara / US 101 interchange. Payment
shall be made prior to issuance of any residential building permit. Final fee amount shall be based on a
City approved engineers cost estimate for the final improvements.
(7) All newly constructed residential units shall be subject to inclusionary housing fee
payment totaling 2.5% of the building valuation for any primary residential unit.
(8) All shared facilities and public street frontages shall be maintained by the development as
a whole or in portions. An HOA or other maintenance mechanism shall be established for each
subdivision requiring such prior to recordation of any final map.
(9) All parcels shall annex into the City’s Community Facilities District prior to or
concurrent with recordation of any final map. Annexation will not be required for existing parcels if no
map is pursued.
(10) Solid privacy fencing adjacent to public frontages shall be setback a minimum of 10-feet
from the edge of the pedestrian path/public way easements. All low property line fencing will include
landscaping between the fencing and the pedestrian pathway.
(11) All lighting shall be designed to eliminate any off site glare. All exterior site lights shall utilize
full cut-off, “hooded” lighting fixtures to prevent offsite light spillage and glare
(12) APCD construction level mitigation measures for fugitive dust and construction
emissions shall be required for any site development.
(b) The Groves Development – RSF-X parcels (APN’s 045-401-003, & 004)
The following development standards shall be applicable to The Groves development parcels, identified
in Figure 1.
(1) A clustered subdivision may be permitted with an overall maximum density of 2 du/ac.
(2) All clustered site development shall require the approval of a master plan of
development. All construction and development shall conform to the approved master plan of
development, as conditioned.
(3) No subsequent tentative parcel or tract map shall be approved unless found to be
consistent with the approved master plan of development.
159
(4) A meandering 10-foot wide pedestrian pathway shall be required along the Viejo Camino
frontage, subject to the approval of the City Engineer. Easements shall be dedicated to the City where
applicable to accommodate all pedestrian facilities.
(5) All internal streets shall be designed with a 4-foot minimum width walkable shoulder.
Exceptions may be granted where topography or drainage facilities conflict, subject to the approval of the
City Engineer.
(6) Larger parcels shall abut Santa Barbara Rd to provide a buffer to the existing rural
residential area, maximize tree retention, and minimize grading on heavily sloped areas.
(7) A cul-de-sac connection to the neighboring parcels (APN’s 045-401-014, 013), as shown
on figure 1, shall be provided through The Groves Development site.
(8) On street parking shall be provided for all streets serving lots of ½ acre or less.
(9) All shared facilities shall be maintained by the development through an HOA or other
City approved maintenance mechanism.
(c) The Neighboring Parcels – RSF-Y parcels (APN’s 045-401-014, 013, 010, 009, 018, & 017)
The following Development Standards shall apply to future development within the Planned
Development boundary.
(1) A cluster subdivision may be permitted on any portions or portions of the site area
providing overall density does not exceed 1 du/ac.
(2) All clustered site development shall require the approval of a master plan of
development. All construction and development shall conform to the approved master plan of
development, as conditioned.
(3) Architectural site design and individual lot development for non -clustered developments
shall be completed by staff and/or a designee of the Community Development Director.
(4) Access to the Neighbor Parcel portion the project site from Halcon Rd shall be
consolidated into 2 access roads. Shared access roads shall be evaluated for sight-distance upon submittal
of any tentative map and/or development plan. Proposed access roads shall be designed to serve the entire
area. Private driveways shall be eliminated once development commences. Private driveways serving
existing residences where access off of the shared roads is not feasible, may request an exception to this
requirements, subject to the approval of the City Engineer. Should any parcel resulting from the
subdivision of APN’s 045-401-014, 013 take access via Halcon Rd, the consolidated access roads shall be
utilized. No private driveway connections to Halcon Rd from APN’s 045-401-014, 013, or subdivided
portions thereof, shall be permitted.
(5) All shared facilities shall be maintained by the development through an HOA or other
City approved maintenance mechanism.
(6) On-street parking shall be required for roads serving lots of ½ acre or less.
(7) Walkable shoulders designed to meet City standards shall be required for all roads
serving lots of ½ acre or less. Roads serving lots of greater than ½ acre shall be designed to City
standards.
160
(8) A meandering 10-foot wide pedestrian pathway shall be required along the Halcon Rd.
frontage, subject to the approval of the City Engineer. Easements shall be dedicated to the City where
applicable to accommodate all pedestrian facilities.
(9) A noise analysis shall be required for all residential units and private outdoor areas
located within 75-feet of Halcon Rd. A noise analysis will only be required for private outdoor areas
where the usable space is located entirely within this zone.
(10) A biological survey to determine the presence of sensitive plant species and wildlife
species such as nesting birds, American badger, or Silvery legless lizards shall be conducted prior to the
issuance of any building permit or approval of any subdivision map or development plan.
Recommendations from the report shall be adhered to prior to and/or during construction.
Figure 1
Development Diagram
The Neighboring
Parcels - APN’s 045-
401-014, 013, 010,
009, 018, & 017
The Groves
Development -
APN’s 045-401-003,
& 004
Site
Access
Potential
consolidated
access point
Potential
consolidated
access point
Cul-de-sac
connection to
adjoining lots
(APN’s 045-
401-014, 013)
161
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, and seconded by the foregoing resolution is hereby adopted in its entirety by the
following roll call vote:
AYES: ( )
NOES: ( )
ABSTAIN: ( )
ABSENT: ()
ADOPTED:
CITY OF ATASCADERO, CA
______________________________
Planning Commission Chairperson
Attest:
______________________________
Phil Dunsmore
Planning Commission Secretary
162
ATTACHMENT 8: Draft Resolution PC 2015-D
Recommendation to Approve Zone Map Amendment 2014-0175
DRAFT PC RESOLUTION 2016-D
ZONING MAP AMENDMENT
RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING
THAT THE CITY COUNCIL ADOPT AN ORDINANCE
APPROVING ZONE CHANGE ZCH 2014-0175 AMENDING
THE OFFICIAL ZONING MAP DESIGNATION FOR THE
HALCON RESIDENTAIL PLANNED DEVELOPMENT
HALCON RESIDENTIAL PLANNED DEVELOPMENT
CONSCIOUSBUILD ATASCADERO DEV. LLC.
WHEREAS, an application has been received from
ConsciousBuild Atascadero Dev. LLC. (2921 Garabaldi Ave, San Luis Obispo, CA
93401) Owner and Applicant, and;
Ben and Amanda Poore (11675 Halcon Rd, Atascadero, CA 93422) Owner, and;
Carol Ratzlaff (11745 Halcon Rd, Atascadero, CA 93422) Owner, and;
Mike and Laura Joy (11885 Halcon Rd, Atascadero, CA 93422) Owner, and;
Shawn Sarnecki (11845 Halcon Rd, Atascadero, CA 93422) Owner, and;
Pat and Terri Rodda (11855 Halcon Rd, Atascadero, CA 93422) Owner, and;
Jeannie Dagnall (11875 Halcon Rd, Atascadero, CA 93422) Owner.
to consider Planning Application PLN 2014-1529, for a project consisting of a General
Plan Land Use Diagram Amendment, Zone Text and Map Amendments, Establishment of a
Planned Development Overlay Zone, Vesting Tentative Tract Map, Tree Removal Permit and
certification of a Mitigated Negative Declaration ("MND") on a 37.7± acre site located on Viejo
Camino and Halcon Road, Atascadero, CA 93422 (APN’s 045-401-003, & 004 and 045-401-
014, 013, 010, 009, 018, & 017); and,
WHEREAS, the site’s current General Plan Land Use Designation is Suburban Estates
(SE); and,
163
WHEREAS, the site’s current Zoning Designation is Residential Suburban (RS); and,
WHEREAS, the Planning Commission has recommended that the City Council approve
a General Plan Land Use Diagram Amendment to change the Land Use Designation of lots
within the project site to Single-Family Residential - X (SFR-X) and Single-Family residential –
Y (SFR-Y); and,
WHEREAS, the Planning Commission has recommended that the Cit y Council approve
a Zoning Ordinance Text Change to establish zoning code text for Planned Development
Overlay Zone #33 (PD-33); and,
WHEREAS, a Zoning Map Amendment is proposed by the applicant to change the
zoning of lots with the project area to Residential Single-Family (RSF-X) and Residential-Single
Family – Y (RSF-Y), with a PD-33 overlay on the entire project site in order to correspond with
the recommended General Plan Land Use Diagram Amendment and PD-33 Zoning Ordinance
code text; and,
WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2015-0007 was
prepared for the project and made available for public review in accordance with the
requirements of the California Environmental Quality Act (CEQA); and,
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA) have been adhered to; and,
WHEREAS, the Planning Commission has determined that it is in the best interest of the
City to enact this amendment to the Zoning Map to protect the health, safety and welfare of its
citizens by applying orderly development and expanding housing opportunities within the City;
and,
WHEREAS, a timely and properly noticed Public Hearing upon the subject Zoning Map
Amendment 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 Map
Amendments; and,
WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing
held on February 2, 2016, studied and considered Zoning Map Amendment ZCH 2014-0175
after first studying and considering the Draft Mitigated Negative Declaration prepared for the
project; and,
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City
of Atascadero makes the following findings, determinations and recommendations with respect
to the proposed Zoning Map Amendment:
164
SECTION 1. Findings for Approval of an Amendment to the Official Zoning Map
of Atascadero changing the zoning of lots within the project area. The Planning Commission
finds as follows:
1. The proposed zone change will be compatible with existing or desired conditions
in surrounding neighborhoods and surrounding General Plan land uses and
General Plan policies.
2. The proposed project or use satisfies all applicable provisions of the Title (Zoning
Ordinance) including the PD-33 Ordinance; and,
3. The establishment, and subsequent operation or conduct of the use will not,
because of the circumstances and conditions applied in the particular case, be
detrimental to the health, safety, or welfare of the general public or persons
residing or working in the neighborhood of the use, or be detrimental or injurious
to property or improvements in the vicinity of the use;
4. The proposed project or use will not be inconsistent with the character of the
immediate neighborhood or contrary to its orderly development.
SECTION 2. Recommendation of Approval. The Planning Commission of the City of
Atascadero, in a regular session assembled on February 2, 2016, resolved to recommend that the
City Council introduce for first reading an ordinance (ZCH 2014-0175) that would rezone the
subject site consistent with the following:
1. EXHIBIT A: Zone Change Map
165
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, and seconded by the foregoing resol ution is hereby adopted in its entirety by the
following roll call vote:
AYES: ( )
NOES: ( )
ABSTAIN: ( )
ABSENT: ()
ADOPTED:
CITY OF ATASCADERO, CA
______________________________
Planning Commission Chairperson
Attest:
______________________________
Phil Dunsmore
Planning Commission Secretary
166
Exhibit A: Zoning Map Amendment
Halcon Residential Planned Development
(PLN 2014-1529)
APN’s 045-401-003, & 004
Current Zoning: Residential Suburban
(RS)
Proposed Zoning: Residential Single-
Family – X (RSF-X) / PD33
APN’s 045-401-014, 013, 010, 009,
018, & 017
Current Zoning: Residential Suburban
(RS)
Proposed Zoning: Residential Single-
Family – Y (RSF-Y) / PD33
167
ATTACHMENT 9: Draft Resolution PC 2015-E
Master Plan of Development (CUP) 2014-0284
DRAFT PC RESOLUTION 2016-E
MASTER PLAN OF DEVELOPMENT / TREE REMOVAL PERMIT
THE GROVES
RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ATASCADERO RECOMMENDING THAT THE CITY
COUNCIL APPROVE THE MASTER PLAN OF DEVELOPMENT FOR
THE GROVES DEVELOPMENT AS A PORTION OF THE HALCON
RESIDENTIAL PLANNED DEVELOPMENT
HALCON RESIDENTIAL PLANNED DEVELOPMENT
CONSCIOUSBUILD ATASCADERO DEV. LLC.
WHEREAS, an application has been received from
ConsciousBuild Atascadero Dev. LLC. (2921 Garabaldi Ave, San Luis Obispo, CA
93401) Owner and Applicant, and;
to consider Planning Application PLN 2014-1529, for a project consisting of a General
Plan Land Use Diagram Amendment, Zone Text and Map Amendments, Establishment of a
Planned Development Overlay Zone, Vesting Tentative Tract Map, Tree Removal Permit and
certification of a Mitigated Negative Declaration ("MND") on a 10± acre site located on Viejo
Camino and Halcon Road, Atascadero, CA 93422 (APN’s 045-401-003, & 004); and,
WHEREAS, the site’s current General Plan Land Use Designation is Suburban Estates
(SE); and,
WHEREAS, the site’s current Zoning Designation is Residential Suburban (RS); and,
WHEREAS, the Planning Commission has recommended that the City Council approve
a General Plan Land Use Diagram Amendment to change the Land Use Designation of lots
within the project site to Single-Family Residential - X (SFR-X) and Single-Family residential –
Y (SFR-Y); and,
WHEREAS, the Planning Commission has recommended that the City Council approve
a Zoning Ordinance Text Change and Zoning Map Amendment to establish zoning code text for
PD-33 zoning district and to change the zoning of lots with the project area to Residential Single-
Family – X (RSF-X) and Residential Single-Family - Y (RSF-Y), with a PD-33 overlay on the
entire project site based on findings; and,
168
WHEREAS, the PD-33 requires the adoption of a Master Plan of Development,
approved in the form of a Conditional Use Permit for cluster development portions of the project
area; and
WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2015-0007 was
prepared for the project and made available for public review in accordance with the
requirements of the California Environmental Quality Act (CEQA); and,
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA) have been adhered to; and,
WHEREAS, a timely and properly noticed Public Hearing upon the subject Master Plan
of Development was held by the Planning Commission of the City of Atascadero at which
hearing evidence, oral and documentary, was admitted on behalf of said Master Plan of
Development; and,
WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed
Public Hearing held on February 2, 2016 studied and considered Conditional Use Permit 2014-
0284 (Master Plan of Development)and Tree Removal Permit 2014-0178, after studying and
considering the proposed Mitigated Negative Declaration prepared for the project, and
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City
of Atascadero makes the following findings, determinations and recommendations with respect
to the proposed Master Plan of Development and Tree Removal Permit:
SECTION 1. Findings for Approval of Master Plan of Development. The Planning
Commission recommends that the City Council finds as follows:
1. The proposed project or use is consistent with the General Plan and the City’s
Appearance Review Manual; and,
2. The proposed project or use satisfies all applicable provisions of the Title (Zoning
Ordinance) including provisions of the PD-33 Overlay Zone; and,
3. The establishment, and subsequent operation or conduct of the use will not, because
of the circumstances and conditions applied in the particular case, be detrimental to
the health, safety, or welfare of the general public or persons residing or working in
the neighborhood of the use, or be detrimental or injurious to property or
improvements in the vicinity of the use; and,
4. The proposed project or use will not be inconsistent with the character or the
immediate neighborhood or contrary to its orderly development; and,
5. The Master Plan of Development standards or processing requirements is warranted
to promote orderly and harmonious development; and
169
6. The proposed use or project will not generate a volume of traffic beyond the safe
capacity of all roads providing access to the project, either existing or to be improved
in conjunction with the project, or beyond the normal traffic volume of the
surrounding neighborhood that would result from full development in accordance
with the Land Use Element.
7. The Master Plan 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; and
8. Benefits derived from the Master Plan of Development and PD-33 Overlay Zone
cannot be reasonably achieved through existing development standards or processing
requirements; and,
9. The proposed project will not result in substantial detrimental effects on the
enjoyment and use of adjoining properties; and,
SECTION 2. Findings for Approval of Tree Removal. The Planning Commission
recommends the City Council finds as follows:
1. The trees are 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:
Early consultation with the City;
Consideration of practical design alternatives;
Provision of cost comparisons (from applicant) for practical design alternatives;
If saving tree eliminates all reasonable uses of the property; or
If saving the tree requires the removal of more desirable trees.
SECTION 3. Recommendation of Approval. The Planning Commission of the City of
Atascadero, in a regular session assembled on February 2, 2016 resolved to recommend that the
City Council approve the Master Plan of Development and associated Tree removal Permit
subject to the following:
1. EXHIBIT A: Conditions of approval / Mitigation Monitoring Program
2. EXHIBIT B: Master Plan of Development / Site Plan
3. EXHIBIT C: Landscape Plan
4. EXHIBIT D: Elevations / Floor Plan
5. EXHIBIT E: Grading and Drainage Plan
6. EXHIBIT F: Utility Plan
7. EXHINIT G: Noise Analysis Diagram
170
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, ______and seconded by _____the foregoing resolution is hereby adopted in its
entirety by the following roll call vote:
AYES: ( )
NOES: ( )
ABSTAIN: ( )
ABSENT: ()
ADOPTED:
CITY OF ATASCADERO, CA
______________________________
Planning Commission Chairperson
Attest:
______________________________
Phil Dunsmore
Planning Commission Secretary
171
EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program
Halcon Residential Planned Development – The Groves
(PLN 2014-1529)
Conditions of Approval /
Mitigation Monitoring Program
Halcon Residential Planned Development – The Groves
Planned Development (PD-33) Master Plan of
Development
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water Comp.
Planning Services
1. The approval of this use permit shall become final and effective
for the purposes of issuing building permits thirty (30) days
following the City Council approval of ZCH 2014-0175 and ZCH
2015-0178 upon second reading, unless prior to that time, an
appeal to the decision is filed as set forth in Section 9-1.111(b)
of the Zoning Ordinance.
FM PS
2. The Community Development Director shall have the authority
to approve minor changes to the project that remain in
substantial conformance to the approved Master Plan of
Development. Such changes may include, but are not limited
to, building alterations and/or architectural changes, site
placement of structures, landscape modifications, and
construction design issues that do not substantively affect the
Master Plan of Development.
The DRC shall make a recommendation to the Community
Development Director related to any proposed architectural
design changes not in keeping with the architectural style
approved by this resolution.
The Planning Commission shall have the final authority to
approve any changes to the Master Plan of Development and
any associated Tentative Maps deemed to be substantive by
the Community Development Director.
BP / FM PS, CE
3. 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 / FM PS
4. 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 subdivision
Ongoing PS
172
Conditions of Approval /
Mitigation Monitoring Program
Halcon Residential Planned Development – The Groves
Planned Development (PD-33) Master Plan of
Development
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water Comp.
5. All subsequent Tentative Map and construction permits shall be
in substantial conformance with the Master Plan of
Development contained herein.
BP / FM PS, CE
6. All exterior elevations, finish materials and colors shall be in
substantial conformance with the Master Plan of Development
as shown in EXHIBIT D with the following modifications:
Garage doors shall be of a color compatible with the building
color scheme and shall be designed to blend in with the
façade rather that contrast.
Any proposed exterior street, pedestrian, or building mounted
light fixtures shall be of architectural grade and design and
shall be compliment the architectural style, subject to staff
approval. All lighting shall comply with dark sky standards
and shall be located and directed to avoid off-site glare per
City ordinance.
Stucco siding shall be smooth troweled or similar. No
machine finishes will be permitted.
Stone accent banding shall wrap each façade to an adjoining
projected feature or at a distance approved by staff.
BP PS
7. All site work, grading, and site improvements shall be in
substantial conformance with the Master Plan of Development
as shown in EXHIBIT B, C, E and F.
BP/FM PS, BS, CE
8. 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 EXHIBIT C, and as follows:
All exterior meters, trash storage areas, air conditioning units
and mechanical equipment shall be screened with
landscape material and/or architecturally compatible
enclosures.
All areas shown on the landscape plan and/or areas
disturbed during construction for individual lots shall be
landscaped and/or hydroseeded with a native mix by the
developer completed prior to final of each lot.
Landscape areas between the Viejo Camino pathway and
the split rail fence (limits of public easement) shall be
landscaped prior to final and acceptance of the off-site
BP PS, BS
173
Conditions of Approval /
Mitigation Monitoring Program
Halcon Residential Planned Development – The Groves
Planned Development (PD-33) Master Plan of
Development
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water Comp.
improvements.
Street trees shall be provided along Viejo Camino at a
maximum spacing of 30 feet on center. Groupings of trees
may be allowed to accommodate sight-distance,
topographical features, and/or rural character, subject to the
approval of the Community Development Director and City
Engineer.
Landscape screening comprised of a combination of trees
and native shrubs/grasses shall be provided between all
pedestrian pathways and any solid fencing or sound wall
features. Walkable shoulders shall be considered as
pedestrian pathways for the purposes of this condition.
The corner of Viejo Camino and Santa Barbara Rd shall
include enhanced landscaping to buffer between the project
and the existing rural residences. Landscaping shall include
a combination of trees and native shrubs/grasses, subject to
staff approval.
Street and screening trees shall be minimum 15-gallon size
and double staked.
A neighborhood identification monument sign shall be
permitted at the Viejo Camino project entrance. Monument
sign design shall be consistent with building and/or sound
wall materials and shall be subject to the review and
approval of staff.
Adequate sight-distance shall be maintained at all
intersections and private driveways. Shrubs/grasses shall be
setback or eliminated where clear sight-distance is required.
9. All project fencing shall be installed consistent with EXHIBIT C
subject to the following modifications:
All solid fencing shall be setback a minimum of 10-feet from
the edge of right-of-way/public access easements and shall
include landscaping within the setback area.
Split rail fencing shall be installed along the Viejo Camino
frontage at the edge of the easement dedication. This
fencing shall be maintained by the HOA.
Rear yard privacy fencing for lost abutting Viejo Camino or
any interior street shall be setback a minimum of 10-feet
from the edge of the easement dedications. This includes
GP/BP
PS
174
Conditions of Approval /
Mitigation Monitoring Program
Halcon Residential Planned Development – The Groves
Planned Development (PD-33) Master Plan of
Development
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water Comp.
all pathways and walkable shoulders.
All project fencing shall be of consistent style and material.
Sound walls may be required for outdoor activity areas
located in areas along Viejo Camino where decibel
readings exceed residential standards, as identified in
EXHIBIT G. Where required, sound walls shall be of
architectural quality and include features such as
decorative top caps. Sound walls shall have the same
setback and landscaping requirements as solid fencing.
Any sound wall proposed at the boundaries of the project
shall taper in a decorative matter and not abruptly terminate
at the property line. Neighborhood signage may be
incorporated into the sound wall design. Alternatively,
sound attenuation areas may be integrated into the building
design and/or setback outside of the identified area.
10. Final selection of colors and materials identified in EXHIBIT D
shall be subject to staff approval.
GP/BP PS
11. Affordable Housing Requirement: The applicant shall submit a
payment of 2.5% of the building valuation for each residential
unit to be placed into the City’s inclusionary housing fund.
Payment shall be required prior to building permit issuance.
GP/BP
PS, CA
12. A Tree Protection Plan shall be prepared as part of the on- and
off-site improvement plan package and/or any residential
building permit where construction activities will occur within 20-
feet of a native tree dripline. The applicant will contract with a
certified arborist to monitor all activity within the drip lines of
existing native trees.
GP/BP PS
13. The emergency services and facility maintenance costs listed
below shall be 100% funded by the project in perpetuity. The
service and maintenance costs shall be funded through a
community facilities district established by the City at the
developer's cost. The funding mechanism must be in place
prior to or concurrently with acceptance of the final
maps. The funding mechanism shall be approved by the City
Attorney, City Engineer and Administrative Services Director
prior to acceptance of any final map. The administration of
the above mentioned funds shall be by the City. Developer
agrees to participate in the community facilities district and to
take all steps reasonably required by the City with regard to
the establishment of the district and assessment of the
BP PS
175
Conditions of Approval /
Mitigation Monitoring Program
Halcon Residential Planned Development – The Groves
Planned Development (PD-33) Master Plan of
Development
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water Comp.
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.
14. All tract maintenance costs listed below shall be 100% funded
by the project in perpetuity. The service and maintenance cost
shall be funded through a 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 the responsibility of the Home
Owners Association.
a) All streets, bridges, sidewalks, streetlights, street signs,
roads, emergency access roads, emergency access
gates, and sewer mains within the project.
b) All parks, trails, recreational facilities and like facilities.
c) All open space and native tree preservation areas.
d) All drainage facilities and detention basins.
e) All creeks, flood plains, floodways, wetlands, and
riparian habitat areas.
f) All common landscaping areas, street trees, medians,
parkway planters, manufactured slopes outside private
yards, and other similar facilities.
g) All frontage landscaping and sidewalks along public
streets
BP PS
15. Prior to issuance of building permits for any residential unit,
the applicant shall pay their fair share toward improvements
at the US 101/Santa Barbara interchange based on a City
approved cost estimate for the build-out improvements.
BP PS, BS
176
Conditions of Approval /
Mitigation Monitoring Program
Halcon Residential Planned Development – The Groves
Planned Development (PD-33) Master Plan of
Development
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water Comp.
16. Prior to final map, the applicant shall submit CC&Rs for review
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.
BP PS, BS
17. Approval of this permit shall include the removal of 19 Native
Oak Trees, totaling 242-inches dbh. The applicant shall provide
a tree preservation easement over a portion of lots 10 and 7 as
mitigation of the approved removals. Any additional removals
shall be subject to Planning Commission approval.
BP PS, BS
ENGINEERING CONDITIONS
PROJECT SPECIFIC CONDITIONS
18. The internal streets shall be offered as public rights-of-way as
shown on the tentative map and shall be extended to include
the cul-de-sac adjacent to lots 9, 16 & 17.
BP, GP CE
19. Internal streets shall not be improved with sidewalks but shall
comply with City standards for Rural Local roads. The road
shoulder adjacent to Lots 1-5 and Lots 13-15 shall include a
5-foot wide walkable shoulder of compacted Class II Agg
Base or DG, with a cross-slope matching that of the street,
but not exceeding 4%. Where curb & gutter, or, an AC dike
are required to convey stormwater, the area behind the curb
or dike shall be compacted base or DG as described above.
Curb ramps are not required at the intersections of the
BP, GP CE
177
Conditions of Approval /
Mitigation Monitoring Program
Halcon Residential Planned Development – The Groves
Planned Development (PD-33) Master Plan of
Development
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water Comp.
internal streets.
20. Viejo Camino shall be improved to City standards as shown on
the Tentative Map along the project frontage. New
improvements shall be consistent with City standards and the
Circulation Element and shall include new curb, gutter, street
intersection with cross-gutter, traffic signage and delineation, a
bike lane (Class II), and transit stop. The street pavement shall
be completed to integrate the existing roadway with the new
frontage improvements as shown on the Tentative Map.
BP, GP CE
21. Along the Viejo Camino frontage, the property owner shall
dedicate an easement and construct a public pedestrian and
bike trail to accommodate a 10-foot wide detached pedestrian &
bike trail. The pedestrian/bike trail shall be constructed of
compacted class 2 aggregate base or decomposed granite to
the satisfaction of the Director of Public Works and Director of
Community Development. Final alignment shall meander as
necessary to conform to the existing terrain, trees and drainage
requirements to the satisfaction of the Director of Public Works
and Director of Community Development.
BP, GP CE
22. The transit stop shown on Viejo Camino shall be not less than
90 feet long (end-to-end, including transition lanes). The transit
stop shall be designed using smooth curves to allow for ease of
entry/exiting of the bus as well as street sweeping equipment.
The bus staging area shall be of sufficient width to allow the bus
to be safely located out of the travel lane(s) while loading or
unloading passengers to the satisfaction of the City Engineer.
The structural pavement-section shall be sufficient to support
the typical transit vehicles but shall be not less than 6” Class A
concrete over 6” Class II Aggregate Base, to the satisfaction of
the City Engineer. Sidewalk at the transit stop shall be in
addition to the concrete pad necessary to place the transit street
furniture (bus shelter, bench, sign and other street furniture as
deemed necessary by the Director of Public Works). Additional
right-of-way shall be dedicated to accommodate the turn-out to
the satisfaction of the City Engineer.
BP, GP CE
178
Conditions of Approval /
Mitigation Monitoring Program
Halcon Residential Planned Development – The Groves
Planned Development (PD-33) Master Plan of
Development
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water Comp.
23. The Subdivider shall plant street trees along the Viejo Camino
street frontage behind the public sidewalk and within 15-feet.
Trees planted closer than 10-feet shall include deep-root
planter barriers as approved by the City Engineer. One street
tree shall be planted for each 35 linear feet (or portion thereof)
of road frontage.
BP, GP CE
24. Street trees on the internal streets shall be planted at the time
of lot development along the road frontages of the internal
streets offered to the public. One street tree shall be planted
for each 35 linear feet (or portion thereof) of road frontage.
BP, GP CE
25. A new gravity sewer shall be designed and extended in Viejo
Camino to serve the lots of Tract 3078, to the satisfaction of
the City Engineer. An optional route along Halcon Rd can be
explored for feasibility, subject to the review and approval of
the city Engineer. The developer may request a
reimbursement agreement for future private sewer
connections for any off-site sewer extension subject to City
Ordinance and City Council authorization. Notice of developer
intent to request a reimbursement agreement must be made
in writing prior to the start of construction.
BP CE
26. Each new lot shall be served by separate laterals for water,
power, communications, gas & cable TV (if available adjacent
to the subject property).
BP CE
27. The Final Map shall include the offer of Public Utility
Easements along all street frontages (6-feet wide), to the
satisfaction of the City Engineer.
FM CE
28. The Subdivider shall dedicated sufficient public right-of-way
for street purposes along the northerly side of Santa Barbara
Street to accommodate the existing improved road alignment.
FM CE
29. A crosswalk shall be installed across Halcon Rd at Viejo
Camino. The developer shall work with the City Engineer to
install any improvements necessary to provide safe
pedestrian access. The developer may request
reimbursement based on a fair share analysis for other
properties within the project area once they develop. Any
request for a reimbursement agreement must be provided in
writing prior to issuance of the subdivision improvement plans
for the required crosswalk and must be included by reference
in the subdivision improvement agreement.
FM/GP CE
179
Conditions of Approval /
Mitigation Monitoring Program
Halcon Residential Planned Development – The Groves
Planned Development (PD-33) Master Plan of
Development
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water Comp.
STANDARD CONDITIONS
30. All public improvements shall be constructed in conformance
with the City of Atascadero Engineering Department Standard
Specifications and Drawings.
BP, GP CE
31. 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.
FM CE
32. 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
33. The Subdivision Improvement Agreement (SIA) shall record
concurrently with the Final Map. If it is the intent of the developer
to pursue a reimbursement agreement with the City for the
installation of off-site sewer facilities, reference to said
agreement and terms shall be included in the SIA.
FM CE
34. The applicant shall be responsible for the relocation and/or
alteration of existing utilities.
BP, GP CE
35. 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.
BP, GP CE
36. The applicant shall monument all property corners for
construction control and shall promptly replace them if
disturbed.
FM CE
37. 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
180
Conditions of Approval /
Mitigation Monitoring Program
Halcon Residential Planned Development – The Groves
Planned Development (PD-33) Master Plan of
Development
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water Comp.
38. Slope easements shall be provided as needed to accommodate
cut of fill slopes.
FM CE
39. Drainage easements shall be provided as needed to
accommodate both public and private drainage facilities.
FM CE
40. 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
41. 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 Subdivision Map Act and the
City's Subdivision Ordinance.
FM CE
42. 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.
43. Prior to recording the tract map, the applicant shall pay all
outstanding plan check/inspection fees.
44. Prior to recording the map, the applicant shall complete all
improvements required by these conditions of approval
FM CE
45. 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
46. 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
181
Conditions of Approval /
Mitigation Monitoring Program
Halcon Residential Planned Development – The Groves
Planned Development (PD-33) Master Plan of
Development
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water Comp.
47. 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
48. Prior to the final inspection, the applicant shall submit a written
certification from a registered civil engineer or land surveyor that
all survey monuments have been set as shown on the final map.
BP, GP CE
49. An encroachment permit shall be obtained prior to any work
within City rights of way.
BP, GP CE
50. 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.
BP, GP CE
51. 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 California Building Code. 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.
BP, GP CE
MITIGATION MONITORING PROGRAM
Mitigation Measure 1.c.1: A landscape buffer shall be provided along
Santa Barbara Rd. Landscape material shall consist of native and/or
drought tolerant species. As mixture of low and medium plants shall
be utilized to provide visual screening of the project from the
adjacent neighborhood.
BP PS/BS
Mitigation Measure 1.c.2: Street trees shall be provided along Viejo
Camino and Halcon Rd. Street trees shall be spaced at no greater
than 30-feet on center, however, rural tree groupings may be
approved by the City Engineer due to topographic or sight distance
concerns and/or to maintain the rural nature of the street.
BP CE/BS
Mitigation Measure 1.c.3: Rear or side yard privacy fencing where
adjacent to a private road shall be set back from the edge of
shoulder a minimum of 10-feet. Where rear or side yard fencing is
adjacent to a public road, a minimum setback from the edge of
BP PS/BS
182
Conditions of Approval /
Mitigation Monitoring Program
Halcon Residential Planned Development – The Groves
Planned Development (PD-33) Master Plan of
Development
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water Comp.
pavement/sidewalk/pedestrian path of 10-feet shall be observed.
Fencing adjacent to a public roadway shall be a ma ximum of 6-feet
high and shall include landscaping on the street side of the fence.
Fencing shall be decorative in nature. Any walls proposed for rear or
side yards adjacent to a public road shall be constructed of high
quality materials and shall adhere to the same setback as privacy
fencing.
Mitigation Measure 1.d.1: All lighting shall be designed to eliminate
any off site glare. All exterior site lights shall utilize full cut -off,
“hooded” lighting fixtures to prevent offsite light spillage and glare.
BP PS/BS
Mitigation Measure 3.b.1: The project shall be conditioned to comply
with all applicable District regulations pertaining to the control of
fugitive dust (PM-10) as contained in Section 2 “Assessing and
Mitigating Construction Impacts.”
2.4 Fugitive Dust Mitigation Measures: Standard List
a. Reduce the amount of the disturbed area where possible;
b. Use water trucks or sprinkler systems in sufficient quantities
to prevent airborne dust from leaving the site. Increased
watering frequency would be required whenever wind speeds
exceed 15 mph. Reclaimed (non-potable) water should be used
whenever possible;
c. All dirt stock-pile areas should be sprayed daily as needed;
d. All roadways, driveways, sidewalks, etc. to be paved should
be completed as soon as possible, and building pads should be
laid as soon as possible after grading unless seeding or soil
binders are used;
e. All of these fugitive dust mitigation measures shall be shown
on grading and building plans; and
f. The contractor or builder shall designate a person or persons
to monitor the fugitive dust emissions and enhance the
implementation of the measures as necessary to minimize dust
complaints, reduce visible emissions below 20% opacity, and to
prevent transport of dust offsite. Their duties shall include
holidays and weekend periods when work may not be in
progress.
BP PS/BS
Mitigation Measure 3.b.2: The project shall be conditioned to comply
with all applicable APCD regulations pertaining to Naturally
Occurring Asbestos (NOA). Prior to any grading activities a geologic
evaluation should be conducted to determine if NOA is present
BP PS/BS
183
Conditions of Approval /
Mitigation Monitoring Program
Halcon Residential Planned Development – The Groves
Planned Development (PD-33) Master Plan of
Development
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water Comp.
within the area that will be disturbed. If NOA is not present, and
exemptions request must be filed with the District. If NOA is found at
the site, the applicant must comply with all requirements outlined in
the Asbestos ATCM. This may include development of an Asbestos
Dust Mitigation Plan and an Asbestos Health and Safety program for
approval by the APCD. Technical Appendix 4.4 of the SLO County
APCD CEQA Air Quality Handbook includes a map of zones
throughout San Luis Obispo County where NOA has been found and
geological evaluation is required prior to any grading.
Mitigation Measure 4.a.1: A qualified biologist shall conduct a pre-
construction survey within 30 days of initial site disturbance to
identify whether silvery legless lizards are present. If silvery legless
lizards are detected, a biological monitor shall be present during
initial ground disturbing and vegetation removal activities to allow for
a salvage and relocation effort for the lizard and other ground
dwelling common wildlife that may be present.
BP PS
Mitigation Measure 4.a.2: A qualified biologist shall conduct a pre -
construction survey within 30 days of initial site disturbance to
identify whether American badger are present. If American badger or
their dens are detected during the survey, the location of the den
shall be mapped, the biologist shall monitor the den for three days if
it is within 50ft of proposed blueprints. If the den is deemed inactive
it shall be destroyed if the den is active the biologist will continue
monitoring its status till the den becomes inactive so it can be
destroyed, during that time all development activities shall respect a
50ft buffer or exclusion zone around the den.
BP PS
Mitigation Measure 4.a.3: Conduct a springtime rare plant survey to
determine the presence/absence of any special-status plants.
Should any be discovered, implement a seed and/or plant salvage
program and incorporate the salvaged material into the drainage
setback and detention basin landscaped areas.
BP PS
Mitigation Measure 4. d.1: Vegetation removal and initial site
disturbance shall be conducted between September 1 and January
31 outside of the nesting season for birds. If vegetation and/or tree
removal is planned for the bird nesting season, then preconstruction
nesting bird survey, prepared by a qualified biologist, shall be
required to determine if any active nests would be impacted by
project construction. If no active nests are found, then no further
mitigation shall be required. If any active nests are found that would
be impacted by construction, then the nest sites shall be avoided
with the establishment of a non-disturbance buffer zone around
active nests as determined by a qualified biologist. Nest sites shall
be avoided and protected with the non-disturbance buffer zone until
BP PS
184
Conditions of Approval /
Mitigation Monitoring Program
Halcon Residential Planned Development – The Groves
Planned Development (PD-33) Master Plan of
Development
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water Comp.
the adults and young of the year are no longer reliant on the nest
site for survival as determined by a qualified biologist. As such,
avoiding disturbance or taking of an active nest would reduce
potential impacts on nesting birds to a less-than-significant level.
Mitigation Measure 4.e.1: Grading and excavation activities shall be
consistent with the City of Atascadero Tree Ordinance. Special
precautions when working around native trees include:
1. During grading activities an arborist must be present.
2. All existing trees outside of the limits of work shall remain.
3. Earthwork shall not exceed the limits of the project area.
4. Low branches in danger of being torn from trees shall be
pruned prior to any heavy equipment work being done.
5. Vehicles and stockpiled material shall be stored outside the
drip line of all trees.
6. All trees within twenty feet of construction work shall be
fenced for protection with 4-foot chain link, snow or safety
fencing placed per the approved tree protection plan. Tree
protection fencing shall be in place prior to any site
excavation or grading. Fencing shall remain in place until
completion of all construction activities.
7. Any roots that are encountered during excavation shall be
clean cut by hand and sealed with an approved tree seal.
8. Utilities such as water, gas, power, cable, storm drainage,
and sewer should be redirected from under the canopy of
any trees that are to remain.
9. Where a building is placed within the canopy of a tree the
foundation should be redesigned so that it bridges across
any root systems.
10. Any foundation or other structure that encroaches within the
drip line of trees to be saved shall be dug by hand.
11. At no time shall tree roots be ripped with construction
equipment.
BP PS/ BS
Mitigation Measure 4.e.2: Tree protection fencing shall be installed
at the locations called out in the Tree Protection Plan. An inspection
of the tree fencing shall be done by City staff prior to issuance of
building permits.
BP PS/ BS
Mitigation Measure 4.e.3: The following measure shall be
incorporated on-site during the construction process of the proposed
project:
1. A minimum height construction protective barrier
shall be erected around the drip line of the tree
plus 4’. The fence shall be supported with “T”
posts at no more than 6’ o.c. and tied at least 3
places per post. This fence shall be installed by
the General Contractor before any rough grading
is allowed on the site. Approval for this stage must
BP PS/ BS
185
Conditions of Approval /
Mitigation Monitoring Program
Halcon Residential Planned Development – The Groves
Planned Development (PD-33) Master Plan of
Development
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water Comp.
be obtained in writing from either the Arborist or
the Counties/Cities representative.
2. Earthwork shall not exceed the limits of the project
area.
3. Low branches in danger of being torn during
construction process shall be pruned prior to any
heavy equipment work being undertaken.
4. Once the rough grading is accomplished the fence
may be moved closer to the trunk of the tree for
finish grading. At no time shall the fence be placed
within the Critical Root Zone (CRZ). This location
is determined by the diameter of the trunk at
Diameter Breast Height (DBH). (4.5’ above grade)
and is 1’ per 1” diameter in the direction of the drip
line. At no time shall the fence be moved closer to
the trunk than the drip line, unless additional
preservation measures are implemented as
recommended by the project arborist.
5. Any roots that are encountered over 2” diameter,
during the excavation process shall be clean cut
perpendicular to the direction of root growth with a
handsaw. At no time shall tree seal be applied to
any cut. Any roots over 2” diameter the county/city
representative shall be notified to determine the
preferred course of action.
6. All trenching with CRZ area shall require hand
trenching to preserve and protect roots over 2” in
diameter.
7. No grading of trenching is allowed within the CRZ
fenced area without written permission from the
County/City representative or a certified arborist.
8. Any roots over 4” in diameter are not to be cut or
ripped until inspected and approved in writing by
the arborist.
9. If, for whatever reason, work must be
accomplished inside the drip line 4”-6” of mulch
must be applied first to decrease the possibilities
of compaction upon written approval from the
arborist.
10. There shall be a pre-construction meeting
between the Engineering/Planning staff of the
County/City, Grading equipment operators, Project
Superintendent and the Arborist to review the
project conditions and requirements prior to any
grubbing or earth work for any portions of the
project site. All tree protection fencing shall be
installed for inspection prior to this meeting.
11. All trees shall be pruned before any construction
takes place that are in the development areas to
be saved if they might be damaged by the
186
Conditions of Approval /
Mitigation Monitoring Program
Halcon Residential Planned Development – The Groves
Planned Development (PD-33) Master Plan of
Development
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water Comp.
construction equipment. This must be
accomplished by a bonded, licensed, and certified
Tree Service Contractor.
12. All debris shall be cleared from the area or
chipped and spread on the site or stacked in
orderly piles for future use by the Owner, at the
Owners request.
13. In locations where paving is to occur within the
drip line grub only and do not compact unless
authorized in writing. Permeable pavers or other
preamble surface must be approved by the
Arborist.
Mitigation Measure 4.e.4: 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.
FO PS/
Mitigation Measure 4.e.5: All utilities shall remain outside the drip
lines of native trees, unless preservation measures, as specified by
the project arborist, are implemented.
BP PS/ BS
Mitigation 5.a.b.c.1: An archaeological monitor shall be present
during initial vegetation clearing, site “grubbing, and grading for all
portions of the project.
GP PS
Mitigation 5.d.1: In the event that human remains are discovered on
the property, all work on the project shall stop and the Atascadero
Police Department and the County Coroner shall be contacted. The
Atascadero Community Development Department shall be
notified. If the human remains are identified as being Native
American, the California Native American Heritage Commission
(NAHC) shall be contacted at (916) 653-4082 within 24 hours. A
representative from both the Chumash Tribe and the Salinan Tribe
shall be notified and present during the excavati on of any remains.
BP / GP PS
Mitigation Measure 6.b.1: The on-site subdivision / grading permit
plans shall include erosion control measures to prevent soil, dirt, and
debris from entering the storm drain system during and after
construction, consistent with mitigation or construction methods
outlined in the geotechnical report. Plans shall be approved by the
City Engineer prior to issuance.
GP PS/CE
187
Conditions of Approval /
Mitigation Monitoring Program
Halcon Residential Planned Development – The Groves
Planned Development (PD-33) Master Plan of
Development
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water Comp.
Mitigation Measure 6.b.2: All cut and fill slopes mitigated with an
appropriate erosion control method (erosion control blanket, hydro-
mulch, or straw mulch appropriately anchored) immediately after
completion of earthwork, as approved by the City Engineer. All
disturbed slopes shall have appropriate erosion control methods in
place.
GP PS/CE
Mitigation Measure 6.b.3: The contractor will be responsible for the
clean-up of any mud or debris that is tracked onto public streets by
construction vehicles. An approved device must be in place prior to
commencement of grading activities. This device shall be ap proved
by the City Engineer.
GP PS/CE
Mitigation Measure 6.b.4: A re-vegetation plan shall be submitted
with building permits. All disturbed cut and fill slopes shall be
vegetated as specified in a landscaping plan. The landscaping plan
must be approved by both the Community Development Department
and the Public Works Department.
GP PS/CE
Mitigation Measure 8.h.1: All new construction will comply with
section the California Building and Fire Codes. New residences in
the City are required to install fire sprinklers. Fire protection
measures shall include the use of non-combustible exterior
construction and roofs and fire-resistant building materials.
BP FD
Mitigation Measure 9.d.e.f.1: The project shall integrate Low Impact
Development Best Management Practice’s into the project design
which may include on-site detention and/or retention basins,
pervious paving, and vegetated swales. The detention basins must
meet the City’s drainage design standards with surface runoff being
treated for water quality through structural control measures
including: disconnected downspouts flowing to vegetated bio-
swales, and pervious pavement and/or landscape areas to control
storm volume. All drainage control features shall be subject to the
approval of the City Engineer.
GP PS/CE
Mitigation Measure 9.d.e.f.2: The developer shall ensure 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/CE
Mitigation Measure12.a.1: Private yard outdoor activity spaces for
each residential parcel adjacent to Viejo Camino and Halcon Rd
BP PS/BP
188
Conditions of Approval /
Mitigation Monitoring Program
Halcon Residential Planned Development – The Groves
Planned Development (PD-33) Master Plan of
Development
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibility
/Monitoring
PS: Planning Services
BS: Building Services
FD: Fire Department
PD: Police Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water Comp.
where outdoor noise levels exceed City standards shall be located
where the building provides acoustical screening opportunities. If no
such areas exist within the design of the structure on the site, private
outdoor use areas shall be enclosed by a 6-foot high solid wall.
Mitigation Measure 12.a.2: Windows on facades adjacent to Halcon
and Viejo Camino Road shall include additional sound attenuation
features such as dissimilar glass or other methods aimed at
reducing sound transmission beyond the standard dual pane
requirements.
BP PS/BP
Mitigation Measure: 14: Prior to final map recordation, the applicant
shall annex into the City’s Community Facilities District (CFD) to off-
set additional costs associated with the provision of additional police,
fire, and park services.
FM PS/BP
Mitigation Measure 16.a.b.1: In addition to the City’s Development
Impact Fees, each new residential unit shall pay towards its fair
share of the US 101 / Santa Barbara interchange improvements.
The project may be eligible for TIF fee credits for Citywide
development impact fees associated with the interchange
improvements. Any TIF credit shall be approved by the City
Engineer.
BP PS/CE
Mitigation Measure 16.d.1: Access for parcels abutting Halcon Rd
shall be consolidated and shall be designed as private roads
meeting City road standards. Driveways to individual parcels with
existing residences may be approved by the City Engineer in
locations where consolidated access cannot be utilized due to parcel
locations. All access roads and driveways shall be evaluated at the
time of tentative map submittal and/or improvement permits for sight
distance.
FM PS/CE/FD
Mitigation Measure 6.f.1: In addition to an on-street bike lane, a
multi-use path shall be provided along Viejo Camino and Halcon
Roads consistent with the adopted City bike and trail Master Plan
and the SLOCOG Salinas River Trail Plan.
FM PS
Mitigation Measure 17.d.1: Landscaping plans shall be submitted to
the Community Development Department for review and approval.
Landscaping must consist of drought tolerant species and utilize drip
irrigation. Turf shall not be permitted as a part of the approved
landscaping plan.
BP PS
189
EXHIBIT B: Master Plan of Development / Site Plan
190
EXHIBIT C: Landscape Plan
191
EXHIBIT C: Landscape Plan
192
EXHIBIT D: Elevations / Floor Plan
193
EXHIBIT D: Elevations / Floor Plan
194
EXHIBIT D: Elevations / Floor Plan
195
EXHIBIT D: Elevations / Floor Plan
196
EXHIBIT D: Elevations / Floor Plan
197
EXHIBIT D: Elevations / Floor Plan
198
EXHIBIT D: Elevations / Floor Plan
199
EXHIBIT E: Grading and Drainage Plan
200
EXHIBIT F: Utility Plan
201
EXHIBIT G: Noise Analysis Diagram
Area of db
exceedance
202
ATTACHMENT 10: Draft Resolution PC 2015-D
VESTING TENATIVE SUBDISION MAP (TTM) 2014-0108
DRAFT PC RESOLUTION 2016-F
TRACT MAP – THE GROVES
RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ATASCADERO, RECOMMENDING THAT THE CITY
COUNCIL APPROVE A VESTING TENTATIVE SUBDIVISION MAP
2014-0108, CONSISTENT WITH THE PD-33 OVERLAY ZONING
DISTRICT
HALCON RESIDENTIAL PLANNED DEVELOPMENT
CONSCIOUSBUILD ATASCADERO DEV. LLC.
WHEREAS, an application has been received from
ConsciousBuild Atascadero Dev. LLC. (2921 Garabaldi Ave, San Luis Obispo, CA
93401) Owner and Applicant, and;
to consider Planning Application PLN 2014-1529, for a project consisting of a General
Plan Land Use Diagram Amendment, Zone Text and Map Amendments, Establishment of a
Planned Development Overlay Zone, Vesting Tentative Tract Map, Tree Removal Permit and
certification of a Mitigated Negative Declaration ("MND") on a 10± acre site located on Viejo
Camino and Halcon Road, Atascadero, CA 93422 (APN’s 045-401-003, & 004); and,
WHEREAS, the site’s current General Plan Land Use Designation is Suburban Estates
(SE); and,
WHEREAS, the site’s current Zoning Designation is Residential Suburban (RS); and,
WHEREAS, the Planning Commission has recommended that the City Council approve
a General Plan Land Use Diagram Amendment to change the Land Use Designation of lots
within the project site to Single-Family Residential - X (SFR-X) and Single-Family residential –
Y (SFR-Y); and,
WHEREAS, the Planning Commission has recommended that the City Council approve
a Zoning Ordinance Text Change and Zoning Map Amendment to establish zoning co de text for
PD-33 zoning district and to change the zoning of lots with the project area to Residential Single-
Family – X (RSF-X) and Residential Single-Family - Y (RSF-Y), with a PD-33 overlay on the
entire project site based on findings; and,
203
WHEREAS, the PD-33 requires the adoption of a Master Plan of Development,
approved in the form of a Conditional Use Permit for cluster development portions of the project
area; and,
WHEREAS, The Planning Commission has recommended that the City Council approve
of a Master Plan of Development (CUP 2014-0284) prepared for the project site which, as
conditioned, meet all requirements of the PD-33 Overlay Zoning District; and,
WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2015-0007 was
prepared for the project and made available for public review in accordance with the
requirements of the California Environmental Quality Act (CEQA); and,
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA) have been adhered to; and,
WHEREAS, a timely and properly noticed Public Hearing upon the subject Master Plan
of Development was held by the Planning Commission of the City of Atascadero at which
hearing evidence, oral and documentary, was admitted on behalf of said Master Plan of
Development; and,
WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed
Public Hearing held on February 2, 2016 studied and considered Vesting Tentative Tract Map
2014-0284 (TR 3078), after studying and considering the proposed Mitigated Negative
Declaration prepared for the project, and
NOW THEREFORE, BE IT RESOLVED that the Planning Commission of the
City of Atascadero makes the following findings, determinations and recommendations with
respect to the proposed Vesting Tentative Tract Map:
SECTION 1. Findings of Approval for Tentative Tract Map, the Planning
Commission of the City of Atascadero recommends that the City Council find as follows:
1. The proposed subdivision, design and improvements as conditioned, is consistent
with the General Plan and applicable zoning requirements, including provisions of the
PD-33 overlay district.
2. The proposed subdivision, as conditioned, is consistent with the proposed Master
Plan of Development (CUP 2014-0284).
3. The site is physically suitable for the type of development proposed.
4. The site is physically suitable for the density of development proposed.
5. The design of the subdivision or the type of improvements will not cause serious
health problems.
204
6. The design and improvement of the proposed subdivision will not cause substantial
environmental damage or substantially and unavoidably injure fish and wildlife or
their habitat.
7. The design of the subdivision will not conflict with easements acquired by the public
at large for access through, or the use of property within, the proposed subdivision; or
substantially equivalent alternative easements are provided.
8. The proposed subdivision design and type of improvements proposed will not be
detrimental to the health, safety or welfare of the general public.
SECTION 2. Recommendation of Approval. The Planning Commission of the City of
Atascadero, in a regular session assembled on February 2, 2016, resolved to recommend to the
City Council approval of a Vesting Tentative Subdivision Map TR 3084 (TTM 2014-0108)
subject to the following:
1. EXHIBIT A: Tentative Parcel Map 2014-0108
2. EXHIBIT B: Conditions of Approval / Mitigation Monitoring Program.
3. EXHIBIT C: Grading Plan
4. EXHIBIT D: Utility Plan
205
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 on the
following roll call vote:
AYES:
NOES:
ABSENT:
ADOPTED:
CITY OF ATASCADERO
By: _______________________________
Planning Commission Chairperson
ATTEST:
______________________________
Phil Dunsmore
Planning Commission Secretary
206
Exhibit A: Vesting Tentative Subdivision Map TR 3078 (TTM 2014-0108)
207
Exhibit B: Conditions of Approval / Mitigation Monitoring Program
Vesting Tentative Subdivision Map TR 3078 (TTM 2014-0108)
Conditions of Approval / Mitigation Monitoring Program
TTM 2014-0108
Vesting Tentative Tract Map
(The Groves – Halcon Residential Development)
APN 045-401-003 & 004
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 Department
1. This Vesting Tentative Subdivision Map (TTM) is for the
creation of 17 legal lots of record described on the attached
exhibits and shall apply APNs 045-401-003, 004 regardless of
owner.
Ongoing PS
2. The approval of this Vesting Tentative Subdivision Map shall
become final and effective for the purposes of issuing building
permits upon the effective date of the associated Zone Text
Amendment establishing Planned Development Overlay Zone
#33, unless an appeal is made with the appropriate judicial
circuit.
Ongoing PS
3. The Community Development Director and/or City Engineer
shall have the authority to make modifications to the final map
that remain in substantial conformance with the approved
Tentative Map.
BP / FM PS, CE
4. Approval of this Vesting Tentative Subdivision Map shall be
valid for twenty-four (24) months after its effective date and
shall expire Monday, Date, 2018. At the end of the period, the
approval shall expire and become null and void unless the
project has received a final map or a time extension has been
granted, consistent with the Atascadero Municipal Code.
BP / FM PS
5. Vesting Tentative Subdivision Map was deemed complete on
November 20, 2015, for the purposes of vested development
rights and fees consistent with the Subdivision Map Act of the
State of California.
On-going PS, CE
6. A final parcel map drawn in substantial conformance with the
approved vesting tentative map, and in compliance with all
conditions set forth herein, shall be submitted for review and
approval in accordance with the Subdivision Map Act and the
City’s Subdivision Ordinance
FM PS/CE
7. The subdivider shall defend, indemnify, and hold harmless the
City of Atascadero or its agents, officers, and employees
against any claim or action brought to challenge an approval
by the City, or any of its entities, concerning the subdivision.
Ongoing
8. All subsequent Tentative Map and construction permits shall
be consistent with the Master Plan of Development (CUP
2014-0284) approved for the project.
BP / FM PS, CE
208
Conditions of Approval / Mitigation Monitoring Program
TTM 2014-0108
Vesting Tentative Tract Map
(The Groves – Halcon Residential Development)
APN 045-401-003 & 004
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
9. The parcel map shall be subject to additional fees for park or
recreation purposes (QUIMBY Act) as required by City
Ordinance
BP PS
10. All maintenance costs listed below shall be 100% funded by
the project in perpetuity, except for public facilities that are
planned for and currently maintained by the City of
Atascadero. The service and maintenance cost shall be
funded through an entity or mechanism established by the
developer, subject to City Staff approval. This entity or
mechanism must be in place prior to, or concurrently with
acceptance of any final map(s). The entity or mechanism
shall be approved by the City Attorney, City Engineer and
Administrative Services Director prior to acceptance of any
Final Map(s). The administration of the above mentioned
funds, and the coordination and performance of
maintenance activities, shall be the responsibility of the
entity or mechanism.
a) All streets, bridges, sidewalks, streetlights, street signs, roads,
emergency access roads, emergency access gates, traffic
control signals, pavement markings and sewer mains within
the proposed project including residential streets within any
residential subdivision.
b) All landscaping and lighting within the proposed project area.
c) Common area fencing and/or features.
d) Open areas on private property within the proposed project
area including detention facilities, bio-swales, and other low-
impact-development features.
e) Newly constructed drainage facilities on private property within
the proposed project area.
f) Landscaped frontages within the right-of-way of all public
streets within the defined specific plan boundary.
g) On-site sewer and storm drains located outside of the right-of-
way.
11. Prior to final map, the applicant shall submit CC&Rs for
review 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
parking lot, landscape areas, free standing signs, lighting and
solid waste storage.
b) Maintenance of on-site sewer and storm drainage systems.
c) Ensuring compliance with the Master Plan of Development.
d) Standards for the design, maintenance and appearance of
209
Conditions of Approval / Mitigation Monitoring Program
TTM 2014-0108
Vesting Tentative Tract Map
(The Groves – Halcon Residential Development)
APN 045-401-003 & 004
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
individual lot development and maintenance.
e) A provision for review 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.
12. All Conditions and mitigation monitoring program for CUP
2014-0284, as amended, are hereby incorporated by
reference.
On-Going PS
Public Works Project Conditions
City Engineer Project Conditions
52. The internal streets shall be offered as public rights-of-way as
shown on the tentative map and shall be extended to include the
cul-de-sac adjacent to lots 9, 16 & 17.
BP, GP CE
53. Internal streets shall not be improved with sidewalks but shall
comply with City standards for Rural Local roads. The road
shoulder adjacent to Lots 1-5 and Lots 13-15 shall include a 5-
foot wide walkable shoulder of compacted Class II Agg Base or
DG, with a cross-slope matching that of the street, but not
exceeding 4%. Where curb & gutter, or, an AC dike are required
to convey stormwater, the area behind the curb or dike shall be
compacted base or DG as described above. Curb ramps are not
required at the intersections of the internal streets.
BP, GP CE
54. Viejo Camino shall be improved to City standards as shown on the
Tentative Map along the project frontage. New improvements shall
be consistent with City standards and the Circulation Element and
shall include new curb, gutter, street intersection with cross-gutter,
traffic signage and delineation, a bike lane (Class II), and transit
stop. The street pavement shall be completed to integrate the
existing roadway with the new frontage improvements as shown on
the Tentative Map.
BP, GP CE
55. Along the Viejo Camino frontage, the property owner shall dedicate
an easement and construct a public pedestrian and bike trail to
accommodate a 10-foot wide detached pedestrian & bike trail. The
pedestrian/bike trail shall be constructed of compacted class 2
aggregate base or decomposed granite to the satisfaction of the
Director of Public Works and Director of Community Development.
Final alignment shall meander as necessary to conform to the
existing terrain, trees and drainage requirements to the satisfaction
of the Director of Public Works and Director of Community
Development.
BP, GP CE
210
Conditions of Approval / Mitigation Monitoring Program
TTM 2014-0108
Vesting Tentative Tract Map
(The Groves – Halcon Residential Development)
APN 045-401-003 & 004
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
56. The transit stop shown on Viejo Camino shall be not less than 90
feet long (end-to-end, including transition lanes). The transit stop
shall be designed using smooth curves to allow for ease of
entry/exiting of the bus as well as street sweeping equipment. The
bus staging area shall be of sufficient width to allow the bus to be
safely located out of the travel lane(s) while loading or unloading
passengers to the satisfaction of the City Engineer. The structural
pavement-section shall be sufficient to support the typical transit
vehicles but shall be not less than 6” Class A concrete over 6” Class
II Aggregate Base, to the satisfaction of the City Engineer. Sidewalk
at the transit stop shall be in addition to the concrete pad necessary
to place the transit street furniture (bus shelter, bench, sign and
other street furniture as deemed necessary by the Director of Public
Works). Additional right-of-way shall be dedicated to accommodate
the turn-out to the satisfaction of the City Engineer.
BP, GP CE
57. The Subdivider shall plant street trees along the Viejo Camino
street frontage behind the public sidewalk and within 15-feet.
Trees planted closer than 10-feet shall include deep-root planter
barriers as approved by the City Engineer. One street tree shall
be planted for each 35 linear feet (or portion thereof) of road
frontage.
BP, GP CE
58. Street trees on the internal streets shall be planted at the time of
lot development along the road frontages of the internal streets
offered to the public. One street tree shall be planted for each 35
linear feet (or portion thereof) of road frontage.
BP, GP CE
59. A new gravity sewer shall be designed and extended in Viejo
Camino to serve the lots of Tract 3078, to the satisfaction of the
City Engineer. An optional route along Halcon Rd can be explored
for feasibility, subject to the review and approval of the city
Engineer. The developer may request a reimbursement
agreement for future private sewer connections for any off -site
sewer extension subject to City Ordinance and City Council
authorization. Notice of developer intent to request a
reimbursement agreement must be made in writing prior to the
start of construction.
BP CE
60. Each new lot shall be served by separate laterals for water,
power, communications, gas & cable TV (if available adjacent to
the subject property).
BP CE
61. The Final Map shall include the offer of Public Utility Easements
along all street frontages (6-feet wide), to the satisfaction of the
City Engineer.
FM CE
211
Conditions of Approval / Mitigation Monitoring Program
TTM 2014-0108
Vesting Tentative Tract Map
(The Groves – Halcon Residential Development)
APN 045-401-003 & 004
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
62. The Subdivider shall dedicated sufficient public right-of-way for
street purposes along the northerly side of Santa Barbara Street
to accommodate the existing improved road alignment.
FM CE
STANDARD CONDITIONS
63. All public improvements shall be constructed in conformance with
the City of Atascadero Engineering Department Standard
Specifications and Drawings.
BP, GP CE
64. 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.
FM CE
65. 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
66. The Subdivision Improvement Agreement (SIA) shall record
concurrently with the Final Map. If it is the intent of the developer to
pursue a reimbursement agreement with the City for the installation
of off-site sewer facilities, reference to said agreement and terms
shall be included in the SIA.
FM CE
67. The applicant shall be responsible for the relocation and/or alteration
of existing utilities.
BP, GP CE
68. 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.
BP, GP CE
69. The applicant shall monument all property corners for construction
control and shall promptly replace them if disturbed.
FM CE
70. 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
212
Conditions of Approval / Mitigation Monitoring Program
TTM 2014-0108
Vesting Tentative Tract Map
(The Groves – Halcon Residential Development)
APN 045-401-003 & 004
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
71. Slope easements shall be provided as needed to accommodate cut
of fill slopes.
FM CE
72. Drainage easements shall be provided as needed to accommodate
both public and private drainage facilities.
FM CE
73. 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
74. 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 Subdivision Map Act and the City's Subdivision Ordinance.
FM CE
75. 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.
76. Prior to recording the tract map, the applicant shall pay all
outstanding plan check/inspection fees.
77. Prior to recording the map, the applicant shall complete all
improvements required by these conditions of approval
FM CE
78. 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
79. 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
213
Conditions of Approval / Mitigation Monitoring Program
TTM 2014-0108
Vesting Tentative Tract Map
(The Groves – Halcon Residential Development)
APN 045-401-003 & 004
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
80. 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
81. Prior to the final inspection, the applicant shall submit a written
certification from a registered civil engineer or land surveyor that all
survey monuments have been set as shown on the final map.
BP, GP CE
82. An encroachment permit shall be obtained prior to any work within
City rights of way.
BP, GP CE
83. 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.
BP, GP CE
84. 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
California Building Code. 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.
BP, GP CE
MITIGATION MONITORING PROGRAM
Mitigation Measure 1.c.1: A landscape buffer shall be provided along
Santa Barbara Rd. Landscape material shall consist of native and/or
drought tolerant species. As mixture of low and medium plants shall be
utilized to provide visual screening of the project from the adjacent
neighborhood.
BP PS/BS
Mitigation Measure 1.c.2: Street trees shall be provided along Viejo
Camino and Halcon Rd. Street trees shall be spaced at no greater than
30-feet on center, however, rural tree groupings may be approved by
the City Engineer due to topographic or sight distance concerns and/or
to maintain the rural nature of the street.
BP CE/BS
Mitigation Measure 1.c.3: Rear or side yard privacy fencing where
adjacent to a private road shall be set back from the edge of shoulder a
minimum of 10-feet. Where rear or side yard fencing is adjacent to a
public road, a minimum setback from the edge of
pavement/sidewalk/pedestrian path of 10-feet shall be observed.
Fencing adjacent to a public roadway shall be a maximum of 6 -feet high
and shall include landscaping on the street side of the fence. Fencing
BP PS/BS
214
Conditions of Approval / Mitigation Monitoring Program
TTM 2014-0108
Vesting Tentative Tract Map
(The Groves – Halcon Residential Development)
APN 045-401-003 & 004
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
shall be decorative in nature. Any walls proposed for rear or side yards
adjacent to a public road shall be constructed of high quality materials
and shall adhere to the same setback as privacy fencing.
Mitigation Measure 1.d.1: All lighting shall be designed to eliminate any
off site glare. All exterior site lights shall utilize full cut-off, “hooded”
lighting fixtures to prevent offsite light spillage and glare.
BP PS/BS
Mitigation Measure 3.b.1: The project shall be conditioned to comply
with all applicable District regulations pertaining to the control of fugitive
dust (PM-10) as contained in Section 2 “Assessing and Mitigating
Construction Impacts.”
2.4 Fugitive Dust Mitigation Measures: Standard List
a. Reduce the amount of the disturbed area where possible;
b. Use water trucks or sprinkler systems in sufficient quantities to
prevent airborne dust from leaving the site. Increased watering
frequency would be required whenever wind speeds exceed 15
mph. Reclaimed (non-potable) water should be used whenever
possible;
c. All dirt stock-pile areas should be sprayed daily as needed;
d. All roadways, driveways, sidewalks, etc. to be paved should be
completed as soon as possible, and building pads should be laid as
soon as possible after grading unless seeding or soil binders are
used;
e. All of these fugitive dust mitigation measures shall be shown on
grading and building plans; and
f. The contractor or builder shall designate a person or persons to
monitor the fugitive dust emissions and enhance the
implementation of the measures as necessary to minimize dust
complaints, reduce visible emissions below 20% opacity, and to
prevent transport of dust offsite. Their duties shall include holidays
and weekend periods when work may not be in progress.
BP PS/BS
Mitigation Measure 3.b.2: The project shall be conditioned to comply
with all applicable APCD regulations pertaining to Naturally Occurring
Asbestos (NOA). Prior to any grading activities a geologic evaluation
should be conducted to determine if NOA is present within the area that
will be disturbed. If NOA is not present, and exemptions request must be
filed with the District. If NOA is found at the site, the applicant must
comply with all requirements outlined in the Asbestos ATCM. This may
include development of an Asbestos Dust Mitigation Plan and an
Asbestos Health and Safety program for approval by the APCD.
Technical Appendix 4.4 of the SLO County APCD CEQA Air Quality
Handbook includes a map of zones throughout San Luis Obispo County
BP PS/BS
215
Conditions of Approval / Mitigation Monitoring Program
TTM 2014-0108
Vesting Tentative Tract Map
(The Groves – Halcon Residential Development)
APN 045-401-003 & 004
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
where NOA has been found and geological evaluation is required prior
to any grading.
Mitigation Measure 4.a.1: A qualified biologist shall conduct a pre -
construction survey within 30 days of initial site d isturbance to identify
whether silvery legless lizards are present. If silvery legless lizards are
detected, a biological monitor shall be present during initial ground
disturbing and vegetation removal activities to allow for a salvage and
relocation effort for the lizard and other ground dwelling common wildlife
that may be present.
BP PS
Mitigation Measure 4.a.2: A qualified biologist shall conduct a pre -
construction survey within 30 days of initial site disturbance to identify
whether American badger are present. If American badger or their dens
are detected during the survey, the location of the den shall be mapped,
the biologist shall monitor the den for three days if it is within 50ft of
proposed blueprints. If the den is deemed inactive it shall be destroyed if
the den is active the biologist will continue monitoring its status till the
den becomes inactive so it can be destroyed, during that time all
development activities shall respect a 50ft buffer or exclusion zone
around the den.
BP PS
Mitigation Measure 4.a.3: Conduct a springtime rare plant survey to
determine the presence/absence of any special -status plants. Should
any be discovered, implement a seed and/or plant salvage program and
incorporate the salvaged material into the drainage setback and
detention basin landscaped areas.
BP PS
Mitigation Measure 4. d.1: Vegetation removal and initial site
disturbance shall be conducted between September 1 and January 31
outside of the nesting season for birds. If vegetation and/or tree removal
is planned for the bird nesting season, then preconstruction nesting bird
survey, prepared by a qualified biologist, shall be required to determine
if any active nests would be impacted by project construction. If no
active nests are found, then no further mitigation shall be required. If
any active nests are found that would be impacted by construction, then
the nest sites shall be avoided with the establishment of a non-
disturbance buffer zone around active nests as determined by a
qualified biologist. Nest sites shall be avoided and protected with the
non-disturbance buffer zone until the adults and young of the year are
no longer reliant on the nest site for survival as determined by a
qualified biologist. As such, avoiding disturb ance or taking of an active
nest would reduce potential impacts on nesting birds to a less-than-
significant level.
BP PS
Mitigation Measure 4.e.1: Grading and excavation activities shall be
consistent with the City of Atascadero Tree Ordinance. Special
precautions when working around native trees include:
12. During grading activities an arborist must be present.
BP PS/ BS
216
Conditions of Approval / Mitigation Monitoring Program
TTM 2014-0108
Vesting Tentative Tract Map
(The Groves – Halcon Residential Development)
APN 045-401-003 & 004
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
13. All existing trees outside of the limits of work shall remain.
14. Earthwork shall not exceed the limits of the project area.
15. Low branches in danger of being torn from trees shall be
pruned prior to any heavy equipment work being done.
16. Vehicles and stockpiled material shall be stored outside the drip
line of all trees.
17. All trees within twenty feet of construction work shall be fenced
for protection with 4-foot chain link, snow or safety fencing
placed per the approved tree protection plan. Tree protection
fencing shall be in place prior to any site excavation or grading.
Fencing shall remain in place until completion of all
construction activities.
18. Any roots that are encountered during excavation shall be
clean cut by hand and sealed with an approved tree seal.
19. Utilities such as water, gas, power, cable, storm drainage, and
sewer should be redirected from under the canopy of any trees
that are to remain.
20. Where a building is placed within the canopy of a tree the
foundation should be redesigned so that it bridges across any
root systems.
21. Any foundation or other structure that encroaches within the
drip line of trees to be saved shall be dug by hand.
22. At no time shall tree roots be ripped with construction
equipment.
Mitigation Measure 4.e.2: Tree protection fencing shall be installed at
the locations called out in the Tree Protection Plan. An inspection of the
tree fencing shall be done by City staff prior to issuance of building
permits.
BP PS/ BS
Mitigation Measure 4.e.3: The following measure shall be incorporated
on-site during the construction process of the proposed project:
14. A minimum height construction protective barrier shall
be erected around the drip line of the tree plus 4’. The
fence shall be supported with “T” posts at no more
than 6’ o.c. and tied at least 3 places per post. This
fence shall be installed by the General Contractor
before any rough grading is allowed on the s ite.
Approval for this stage must be obtained in writing
from either the Arborist or the Counties/Cities
representative.
15. Earthwork shall not exceed the limits of the project
area.
16. Low branches in danger of being torn during
construction process shall be pruned prior to any
heavy equipment work being undertaken.
17. Once the rough grading is accomplished the fence
may be moved closer to the trunk of the tree for finish
grading. At no time shall the fence be placed within
the Critical Root Zone (CRZ). This location is
determined by the diameter of the trunk at Diameter
BP PS/ BS
217
Conditions of Approval / Mitigation Monitoring Program
TTM 2014-0108
Vesting Tentative Tract Map
(The Groves – Halcon Residential Development)
APN 045-401-003 & 004
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
Breast Height (DBH). (4.5’ above grade) and is 1’ per
1” diameter in the direction of the drip line. At no time
shall the fence be moved closer to the trunk than the
drip line, unless additional preservation measures are
implemented as recommended by the project arborist.
18. Any roots that are encountered over 2” diameter,
during the excavation process shall be clean cut
perpendicular to the direction of root growth with a
handsaw. At no time shall tree seal be applied to any
cut. Any roots over 2” diameter the county/city
representative shall be notified to determine the
preferred course of action.
19. All trenching with CRZ area shall require hand
trenching to preserve and protect roots over 2” in
diameter.
20. No grading of trenching is allowed within the CRZ
fenced area without written permission from the
County/City representative or a certified arborist.
21. Any roots over 4” in diameter are not to be cut or
ripped until inspected and approved in writing by the
arborist.
22. If, for whatever reason, work must be accomplished
inside the drip line 4”-6” of mulch must be applied first
to decrease the possibilities of compaction upon
written approval from the arborist.
23. There shall be a pre-construction meeting between
the Engineering/Planning staff of the County/City,
Grading equipment operators, Project Superintendent
and the Arborist to review the project conditions and
requirements prior to any grubbing or earth work for
any portions of the project site. All tree protection
fencing shall be installed for inspection prior to this
meeting.
24. All trees shall be pruned before any construction takes
place that are in the development areas to be saved if
they might be damaged by the construction
equipment. This must be accomplished by a bonded,
licensed, and certified Tree Service Contractor.
25. All debris shall be cleared from the area or chipped
and spread on the site or stacked in orderly piles for
future use by the Owner, at the Owners request.
26. In locations where paving is to occur within the drip
line grub only and do not compact unless authorized
in writing. Permeable pavers or other preamble
surface must be approved by the Arborist.
Mitigation Measure 4.e.4: 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 lo nger required for
FO PS/
218
Conditions of Approval / Mitigation Monitoring Program
TTM 2014-0108
Vesting Tentative Tract Map
(The Groves – Halcon Residential Development)
APN 045-401-003 & 004
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
tree protection.
Mitigation Measure 4.e.5: All utilities shall remain outside the drip lines
of native trees, unless preservation measures, as specified by the
project arborist, are implemented.
BP PS/ BS
Mitigation 5.a.b.c.1: An archaeological monitor shall be present during
initial vegetation clearing, site “grubbing, and grading for all portions of
the project.
GP PS
Mitigation 5.d.1: In the event that human remains are discovered on the
property, all work on the project shall stop and the Atascadero Police
Department and the County Coroner shall be contacted. The
Atascadero Community Development Department shall be notified. If
the human remains are identified as being Native American, the
California Native American Heritage Commission (NAHC) shall be
contacted at (916) 653-4082 within 24 hours. A representative from
both the Chumash Tribe and the Salinan Tribe shall be notified and
present during the excavation of any remains.
BP / GP PS
Mitigation Measure 6.b.1: The on-site subdivision / grading permit plans
shall include erosion control measures to prevent soil, dirt, and debris
from entering the storm drain system during and after construction,
consistent with mitigation or construction methods outlined in the
geotechnical report. Plans shall be approved by the City Engineer prior
to issuance.
GP PS/CE
Mitigation Measure 6.b.2: All cut and fill slopes mitigated with an
appropriate erosion control method (erosion control blanket, hydro -
mulch, or straw mulch appropriately anchored) immediately after
completion of earthwork, as approved by the City Engineer. All
disturbed slopes shall have appropriate erosion control methods in
place.
GP PS/CE
Mitigation Measure 6.b.3: The contractor will be responsible for the
clean-up of any mud or debris that is tracked onto public streets by
construction vehicles. An approved device must be in place prior to
commencement of grading activities. This device shall be approved by
the City Engineer.
GP PS/CE
Mitigation Measure 6.b.4: A re-vegetation plan shall be submitted with
building permits. All disturbed cut and fill slopes shall be vegetated as
specified in a landscaping plan. The landscaping plan must be approved
by both the Community Development Department and the Public Works
Department.
GP PS/CE
219
Conditions of Approval / Mitigation Monitoring Program
TTM 2014-0108
Vesting Tentative Tract Map
(The Groves – Halcon Residential Development)
APN 045-401-003 & 004
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 8.h.1: All new construction will comply with section
the California Building and Fire Codes. New residences in the City are
required to install fire sprinklers. Fire protection measures shall include
the use of non-combustible exterior construction and roofs and fire-
resistant building materials.
BP FD
Mitigation Measure 9.d.e.f.1: The project shall integrate Low Impact
Development Best Management Practice’s into the project design which
may include on-site detention and/or retention basins, pervious paving,
and vegetated swales. The detention basins must meet the City’s
drainage design standards with surface runoff being treated for water
quality through structural control measures including: disconnected
downspouts flowing to vegetated bio-swales, and pervious pavement
and/or landscape areas to control storm volume. All drainage control
features shall be subject to the approval of the City Engineer.
GP PS/CE
Mitigation Measure 9.d.e.f.2: The developer shall ensure 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/CE
Mitigation Measure12.a.1: Private yard outdoor activity spaces for each
residential parcel adjacent to Viejo Camino and Halcon Rd where
outdoor noise levels exceed City standards shall be located where the
building provides acoustical screening opportunities. If no such areas
exist within the design of the structure on the site, private outdoor use
areas shall be enclosed by a 6-foot high solid wall.
BP PS/BP
Mitigation Measure 12.a.2: Windows on facades adjacent to Halcon and
Viejo Camino Road shall include additional sound attenuation features
such as dissimilar glass or other methods aimed at reducing sound
transmission beyond the standard dual pane requirements.
BP PS/BP
Mitigation Measure: 14: Prior to final map recordation, the applicant shall
annex into the City’s Community Facilities District (CFD) to off -set
additional costs associated with the provision of additional police, fire,
and park services.
FM PS/BP
Mitigation Measure 16.a.b.1: In addition to the City’s Development
Impact Fees, each new residential unit shall pay towards its fair share of
the US 101 / Santa Barbara interchange improvements. The project may
be eligible for TIF fee credits for Citywide development impact fees
associated with the interchange improvements. Any TIF credit shall be
approved by the City Engineer.
BP PS/CE
220
Conditions of Approval / Mitigation Monitoring Program
TTM 2014-0108
Vesting Tentative Tract Map
(The Groves – Halcon Residential Development)
APN 045-401-003 & 004
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 16.d.1: Access for parcels abutting Halcon Rd shall
be consolidated and shall be designed as private roads meeting City
road standards. Driveways to individual parcels with existing residences
may be approved by the City Engineer in locations where consolidated
access cannot be utilized due to parcel locations. All access roads and
driveways shall be evaluated at the time of tentative map submittal
and/or improvement permits for sight distance.
FM PS/CE/FD
Mitigation Measure 6.f.1: In addition to an on-street bike lane, a multi-
use path shall be provided along Viejo Camino and Halcon Roads
consistent with the adopted City bike and trail Master Plan and the
SLOCOG Salinas River Trail Plan.
FM PS
Mitigation Measure 17.d.1: Landscaping plans shall be submitted to the
Community Development Department for review and approval.
Landscaping must consist of drought tolerant species and utilize drip
irrigation. Turf shall not be permitted as a part of the approved
landscaping plan.
BP PS
221
EXHIBIT C: Grading and Drainage Plan
222
EXHIBIT D: Utility Plan
223
ITEM NUMBER: ITEM NUMBER: 5
DATE: 2-2-16
Atascadero Planning Commission
Staff Report - Community Development Department
Kelly Gleason, Senior Planner, 470-3446, kgleason@atascadero.org
Zoning Text Amendment
to prohibit ground floor office uses
Downtown Commercial Zone
PLN 2015-1571
RECOMMENDATION:
Adopt a resolution recommending the City Council amend the Zoning Regulations to
prohibit office and health care services uses on the ground floor within specific locations
within the Downtown Commercial Zoning District.
DISCUSSION:
Background: The City adopted the Downtown Revitalization Plan (DRP) in 2000 in
order to outline goals, objectives and programs aimed at supporting the economic
vitality and redevelopment of the downtown area. The plan is designed to implement the
City’s General Plan with a goal of coordinating public and private investment to help
realize the vision of an enhanced and economically viable downtown. The Plan
envisioned a downtown with a land use pattern predominated by “multi-story mixed
uses with retail uses on the ground floor and residential and office above .” Furthermore,
the plan suggests utilizing incentives to relocate medical office uses outside of the
downtown.
When the DRP was originally adopted in July of 2000, changes were implemented to
the Zoning Code to prohibit offices on the ground floor in the downtown commercial
zone. Less than two years later, on April 23, 2002, the Atascadero Main Street
organization requested an amendment of the Downtown Commercial Zoning District to
accommodate non-retail uses interested in occupying ground floor storefront locations
as a way to address vacancies in the downtown. At that time, the Carlton Hotel was
under construction, and many surrounding storefronts were vacant. The City Council
ultimately approved this amendment in June of 2003. The amendment also included
provisions to address the appearance of downtown offices to maintain storefronts and
retail feel.
224
ITEM NUMBER: ITEM NUMBER: 5
DATE: 2-2-16
Thirteen years later, the area around Sunken Gardens is predominantly surrounded by
office uses. Now that City Hall is again occupied, there are plans in place to construct a
pedestrian bridge linking Colony Square to the downtown core, and there are new
restaurants beginning to occupy spaces throughout the downtown area. Additionally,
new owners wish to develop both the Colony Square and Hoff properties, adding
synergy to the downtown. These efforts are helping to stimulate the visions that were
adopted in the DRP. However, there are currently no incentives in place or restrictions
to discourage the expansion of office uses in the downtown. Plans to re-construct a
medical office building for the existing medical office at 5920 West Mall are currently
moving forward. The development of this new medical office building with new ground
floor medical office space fronting the park contrasts with the vision put in place by the
DRP. The proposed change of zoning will prohibit this in the future, requiring such uses
to be above the ground floor or in other locations.
Now is the time to look to the desired future of our downtown, especially the area
surrounding the park, to take steps towards a gradual transition to more pedestrian
oriented uses such as retail and restaurant uses. A minor Code revision prohibiting new
office and other non-pedestrian oriented uses on the ground floor in key focus areas is
again suggested to begin this transition.
Previous Review and Outreach
On November 10, 2015, staff brought this proposal to the City Council to determine if
there was interest in pursuing the text amendment. On a unanimous vote, the City
Council directed staff to explore the text amendment, and thereby authorized staff to
begin the process. On January 14th, staff presented the proposed amendment to the
Chamber of Commerce Board. At this time, the Chamber has not taken a position on
the amendment, however, their discussion appeared supportive of the proposed action.
Staff has since visited offices and businesses around the downtown to discuss the
proposal with property owners and tenants. At this time, no objection to the proposal
has been heard.
Analysis:
What the code revision will do:
The revision will prohibit new office uses on the ground floor in identified key locations in
the downtown commercial zone, such as the properties surrounding Sunken Gardens
Park. The proposed Zoning Amendment to limit non-pedestrian uses to the second floor
and above in these identified locations is a first step in encouraging a more pedestrian
oriented environment. Later phases could explore incentive programs or a look at more
aggressively implementing the zoning change to require land use compliance on
change of ownership.
225
ITEM NUMBER: ITEM NUMBER: 5
DATE: 2-2-16
Effect on existing office uses: Existing office uses on the ground floor would become
non-conforming and would be allowed to remain. Projects currently in process, such as
the office at 5920 West Mall would be allowed to continue at this time.
City’s policy on non-conforming uses:
In accordance with the Municipal Code (MC 9-7.103), non-conforming uses are allowed
to remain indefinitely but may not be expanded or reconstructed. New office uses can
be established where a prior office use existed unless the prior office use has been
discontinued for 6-months or more.
With the proposed text amendment, the Planning Commission may wish to consider
alternative provisions that trigger land use compliance upon a change of tenants or
change of ownership, thereby facilitating a more rapid transition to retail or restaurant
uses in these key focus areas. Adding more aggressive policies may trigger a more
rapid transition, but this option could also lead to vacancies as there is no guarantee or
control in securing restaurant and retail tenants.
Proposed Text Change
The proposed text change alters the Zoning Regulations, MC Section 9-3.2:
“Downtown district allowable land uses and permit requirements.”
A note* would be added to specific land uses within the section to clarify that:
*Non-retail, medical and health services, dental or other office uses shall only be
permitted on the second and/or third floor on East and West Mall between El
Camino Real and Palma Ave and along both sides of El Camino Real between
East Mall and Traffic Way.
The note would be added to the following land uses that are currently allowed within the
Downtown Commercial Zoning District:
Research and Development
Business Services
Health Care Services
Office uses
Conclusion: Current trends provide us with an opportunity to create a text amendment
that will gradually result in the transition of office to retail/restaurant uses in the
Downtown Commercial Zone. This minor text amendment would simply prohibit new
ground floor office uses. Planning Commission’s recommendation will be reviewed by
the City Council on February 23, 2016. If the Council chooses to amend the zoning text,
it would take effect 30 days following a second read of the ordinance to amend the
226
ITEM NUMBER: ITEM NUMBER: 5
DATE: 2-2-16
zoning. The second reading of this item would likely be scheduled for the March 8th
hearing, thereby allowing this change to be effective on April 8, 2016.
FISCAL IMPACT:
If the text amendment is approved, it will ultimately result in encouraging office uses to
relocate to preferred office locations outside of the downtown core or above the ground
level, supporting redevelopment of the downtown core to tax generating uses in areas
closest to the core.
ALTERNATIVES:
1. The Planning Commission may choose to look to other methods of discouraging
new office uses in the downtown, or may look to what incentive options are
available. Currently, the downtown already has incentives such as flexible
development standards (i.e. no parking requirement). This step to amend the
zoning should be considered a first phase of directing the transition towards a
vibrant, healthy downtown.
2. The Planning Commission may wish to modify the area subject to the proposed
text amendment such as expanding to portions of Entrada or Traffic Way.
ATTACHMENTS:
1. Location Map
2. Draft Resolution
227
ITEM NUMBER: ITEM NUMBER: 5
DATE: 2-2-16
ATTACHMENT 1: Location Map
Areas subject to proposed text Amendment
SE SE Woodridge Specific Plan
228
ITEM NUMBER: ITEM NUMBER: 5
DATE: 2-2-16
DRAFT PC RESOLUTION 2015-A
DOWNTOWN OFFICE USES
ZONING CODE TEXT AMENDMENT
RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING
THAT THE CITY COUNCIL ADOPT AN ORDINANCE
AMENDING AMC 9-3.2
TO PROHIBIT OFFICE AND SIMILAR USES ON THE GROUND FLOOR
ON WEST MALL AND EAST MALL STREETS BETWEEN EL CAMINO
REAL AND PALMA AVENUE AND ALONG EL CAMINO REAL
BETWEEN WEST MALL AND TRAFFIC WAY
WHEREAS, The City adopted a Downtown Revitalization Plan in 2000 with the intent
of facilitating a vision of an enhanced, and economically viable downtown with places to shop,
dine and provide for events in the City’s downtown core. The Plan envisioned a downtown with
a land use pattern predominated by “multi-story mixed uses with retail uses on the ground floor
and residential and office above”; and
WHEREAS, the Downtown Revitalization plan implemented the City’s General Plan
with a goal of coordinating public and private investment to help realize the vision of an
enhanced and economically viable downtown. Furthermore, the plan suggests utilizing incentives
to relocate medical office uses outside of the downtown; 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; and
WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Text
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 text
amendments; and,
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ITEM NUMBER: ITEM NUMBER: 5
DATE: 2-2-16
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City
of Atascadero makes the following findings, determinations and recommendations with respect
to the proposed Zoning Code Text Amendment:
SECTION 1. Findings for Approval of a Zone Text Change Amendment. The
Planning Commission finds as follows:
1. The proposed amendment is in conformance with the adopted General Plan Goals,
Policies, and Programs and the overall intent of the General Plan because it
implements the General Plan through the adopted Downtown Revitalization Plan,
and;
2. The amendments will not 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
because the amendments only apply to limiting the future location of offices; and,
3. The proposed project or use will not be inconsistent with the character or the
immediate neighborhood or contrary to its orderly development because the
downtown commercial zone is designed for restaurants, retail and other pedestrian
related, active land uses; and,
4. The proposed zone change will not create any new significant and unavoidable
impacts to traffic, infrastructure, or public service impacts; and
5. The zoning amendment 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 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.
SECTION 2. Recommendation of Approval. The Planning Commission of the City of
Atascadero, in a regular session assembled on February 2, 2016 resolved to recommend that the
City Council introduce for first reading, an ordinance that would amend the City Zoning
Ordinance as identified in attached Exhibit A.
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.
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ITEM NUMBER: ITEM NUMBER: 5
DATE: 2-2-16
On motion by, and seconded by the foregoing resolution is hereby adopted in its entirety by the
following roll call vote:
AYES: ( )
NOES: ( )
ABSTAIN: ( )
ABSENT: ()
ADOPTED:
CITY OF ATASCADERO, CA
______________________________
Planning Commission Chairperson
Attest:
______________________________
Phil Dunsmore
Planning Commission Secretary
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ITEM NUMBER: ITEM NUMBER: 5
DATE: 2-2-16
EXHIBIT A
Downtown Code Text Amendment
9-3.262 Downtown district allowable land uses and permit requirements.
The following table identifies the land uses allowed by this article in the downtown zoning
districts, and the land use permit required to establish each use. In addition to the land use permit
required by this section, special provisions related to certain land uses may apply, precise plan
approval may also be required for certain uses in compliance with Section 9-1.108. A building
permit is required prior to any construction. Design review approval shall be req uired for all
permits, consistent with Appendix A of the Downtown Revitalization Plan.
Allowed Uses and Permit Requirements for Downtown
Zoning Districts
P Permitted Use
CUP Conditional Use Permit required
— Use not allowed
Permit Required Specific Use
Regulations Land Use1 DC DO
Manufacturing & Processing Uses
Light repair services P —
Printing and publishing P P
R&D2,7 (Research and development including
technology)
P7 P
R&D — Biotechnology, chemical, pharmaceutical CUP7 CUP
Recreation, Education & Assembly Uses
Membership organizations CUP —
Amusement services P —
Indoor recreation services P —
Libraries, museums, galleries P P
Public amusement and entertainment CUP —
Public parks and playgrounds P P
Schools — Public CUP —
Schools — Business and vocational CUP CUP
Studios — Art, dance, martial arts, music, etc. P CUP
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ITEM NUMBER: ITEM NUMBER: 5
DATE: 2-2-16
Allowed Uses and Permit Requirements for Downtown
Zoning Districts
P Permitted Use
CUP Conditional Use Permit required
— Use not allowed
Permit Required Specific Use
Regulations Land Use1 DC DO
Residential Uses
Age restricted housing CUP4 —
Home occupations P P 9-6.105
Live/work projects P5/CUP6 —
Multifamily and single-family dwellings P3 P3
Retail Trade
Artisan shops P —
Auto and vehicle dealerships — Indoor display/sales only CUP —
Bar/tavern P —
Building materials and hardware — All activities indoors P —
Eating and drinking places — Without drive-through P —
Food and beverage retail sales P —
Furniture, home furnishings and equipment P —
General merchandise P —
Temporary or seasonal sales P — 9-6.174
Services
Automated teller machines (ATMs) P P
Banks and financial services — Without drive-through CUP P
Bed and breakfast CUP —
Business services P7 P
Child/adult day care centers — CUP
Government offices and facilities P P
Health care services P7 P
Hotels and motels CUP —
Offices P7 P
Personal services P —
Transportation, Communications & Infrastructure Uses
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ITEM NUMBER: ITEM NUMBER: 5
DATE: 2-2-16
Allowed Uses and Permit Requirements for Downtown
Zoning Districts
P Permitted Use
CUP Conditional Use Permit required
— Use not allowed
Permit Required Specific Use
Regulations Land Use1 DC DO
Broadcasting studios CUP P
Transit stations and terminals CUP CUP
Utility facilities CUP CUP
Key to Zoning District Symbols
DC Downtown Commercial
DO Downtown Office
Notes: (Only the notes that apply to this table are shown below.)
1 See Section 9-3.701 for land use descriptions. See Section 9-1.106(d) regarding uses not listed.
2 Plot Plan approval required (9-2.108). Precise Plan approval (9-2.109) may also be required.
Conditional Use Permit approval required for all projects over 10,000 sf in floor area and multiple -family
residential developments consisting of twelve or more units.
3 Residential uses allowed only on second and third floor, except sites north of Olmeda Avenue. If a
project is required to provide a unit in compliance with the Americans with Disabilities Act, the
handicapped accessible unit may be located on a first floor. A first floor unit shall be located in a non -
storefront location within a tenant space.
4 Use allowed only on sites north of Olmeda Avenue.
5 Permitted use if the residential quarters are located on the second or third floors.
6 Conditional Use Permit required if the residential quarters are located on the first floor .
7 Non-Retail and other office related uses shall only be permitted on the second and/or third floor on West
Mall and East Mall between El Camino Real and Palma Avenue and El Camino Real between West Mall and
Traffic Way.
Note: Where the last column in the tables (“Specific Use Regulations”) includes a section
number, the regulations in the referenced section apply to the use. Provisions in other sections of
this article may also apply. (Ord. 570 § 1, 2013; Ord. 552 § 2, 2010; Ord. 473 § 2, 2005; Ord.
421 § 3, 2003; Ord. 375 § 3, 2001)
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