Loading...
HomeMy WebLinkAboutPC_2016-05-17_AgendaPacket WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website CITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Tuesday, May 17, 2016 – 7:00 P.M. Historic City Hall Council Chambers 6500 Palma Avenue, 4th Floor Atascadero, California 93422 CALL TO ORDER Pledge of Allegiance Roll Call: Chairperson Jan Wolff Vice Chairperson Duane Anderson Commissioner David Bentz Commissioner Mark Dariz Commissioner Jerel Seay Commissioner Charles Bourbeau Commissioner Dennis Schmidt APPROVAL OF AGENDA PUBLIC COMMENT (This portion of the meeting is reserved for persons wishing to address the Commission on any matter not on this agenda and over which the Commission has jurisdiction. Speakers are limited to three minutes. Please state your name for the record before making your presentation. The Commission may take action to direct the staff to place a matter of business on a future agenda.) PLANNING COMMISSION BUSINESS City of Atascadero Planning Commission Agenda Regular Meeting, May 17, 2016 Page 2 of 4 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website CONSENT CALENDAR (All items on the consent calendar are considered to be routine and non-controversial by City staff and will be approved by one motion if no member of the Commission or public wishes to comment or ask questions.) 1. APPROVAL OF DRAFT ACTION MINUTES OF MAY 3, 2016 COMMUNITY DEVELOPMENT STAFF REPORTS 2. STRATEGIC PLANNING UPDATE 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, Co nditional 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 2015-1563, TENTATIVE TRACT MAP AND TREE REMOVAL PERMIT FOR 10075, 10085 ATASCADERO AVE. (EL MOJON COURT) Project Title: PLN 2015-1563 / TTM 2015-0109 / TRP 2015-0188 El Mojon Court, 6 Lot Subdivision City Staff: Alfredo Castillo, Associate Planner, Email: acastillo@atascadero.org, Phone: 805-470-3436 Project Location: 10075, 10085 Atascadero Avenue, Atascadero CA 93422 (San Luis Obispo County) APN: 056-211-037 and 038 Applicant/Property Owner: DA2 Development, LLC, 7650 Portola Road, Atascadero, CA 93422 Project Description: A proposed subdivision of two existing parcels of record to be subdivided into six (6) lots. Applicant proposes construction of a new residential street, to be privately maintained, to access the proposed lots from Atascadero Avenue. As a part of the construction of the new street, up to 143-inches in Diameter Breast Height (DBH) of native Coast Live Oak, and Blue Oak trees are proposed to be removed. Proposed residential homes will be limited to areas identified as "build areas" to reduce impacts to native trees. Homes are proposed to be constructed as each individual lot is sold. General Plan Designation: Single-Family Residential (SFR-Y) Zoning District: Residential Single-Family (RSF-Y) Environmental Review Dates: Begins: April 27, 2016 Ends: May 16, 2016 Proposed Environmental Determination: Based on the Initial Study prepared for the project, a Mitigated Negative Declaration (MND) is proposed. The MND is available for public review from 4/27/16 through 5/16/16 at 6500 Palma Ave., Community Development Department from 8:30 a.m. to 5:00 p.m. Monday through Friday. This document can be found electronically in PDF format on the City’s website at http://www.atascadero.org/environmentaldocs. City of Atascadero Planning Commission Agenda Regular Meeting, May 17, 2016 Page 3 of 4 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website COMMISSIONER COMMENTS AND REPORTS DIRECTOR’S REPORT ADJOURNMENT The next regular meeting will be on June 7, 2016 at City Hall Council Chambers, 6500 Palma Avenue, Atascadero. Please note: Should anyone challenge in court any proposed development entitlement listed on this Agenda, that person may be limited to raising those issues addressed at the public hearing described in this notice or in written correspondence delivered to the Planning Commission at, or prior to, this public hearing. City of Atascadero Planning Commission Agenda Regular Meeting, May 17, 2016 Page 4 of 4 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website City of Atascadero WELCOME TO THE ATASCADERO PLANNING COMMISSION MEETING The Planning Commission meets in regular session on the first and third Tuesday of each month at 7:00 p.m. at City Hall, Council Chambers, 6500 Palma Avenue, Atascadero. Matters are considered by the Commission in the order of the printed Agenda. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the Community Development Department and are available for public inspection during City Hall business hours at the Front Counter of City Hall, 6500 Palma Avenue, Atascadero, and on our website, www.atascadero.org. All documents submitted by the public during Commission meetings that are either read into the record or referred to in their statement will be noted in the minutes and available for review in the Community Development Department. Commission meetings are audio recorded, and may be reviewed by the public. Copies of meeting recordings are available for a fee. Contact the City Clerk for more information (470-3400). In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager’s Office or the City Clerk’s Office, both at (805) 470-3400. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, “PUBLIC COMMENT”, the Chairperson will call for anyone from the audience having business with the Commission to approach the lectern and be recognized. 1. Give your name for the record (not required) 2. State the nature of your business. 3. All comments are limited to 3 minutes. 4. All comments should be made to the Chairperson and Commission. 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present. This is when items not on the Agenda may be brought to the Commission’s attention. A maximum of 30 minutes will be allowed for Public Comment Portion (unless changed by the Commission). TO SPEAK ON AGENDA ITEMS (from Title 2, Chapter 1 of the Atascadero Municipal Code) Members of the audience may speak on any item on the agenda. The Chairperson will identify the subject, staff will give their report, and the Commission will ask questions of staff. The Chairperson will announce when the public comment period is open and will request anyone interested to address the Co mmission regarding the matter being considered to step up to the lectern. If you wish to speak for, against or comment in any way: 1. You must approach the lectern and be recognized by the Chairperson. 2. Give your name (not required). 3. Make your statement. 4. All comments should be made to the Chairperson and Commission. 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present. 6. All comments limited to 3 minutes. If you wish to use a computer presentation to support your comments, you must notify the Community Development Department at 470-3402 at least 24 hours prior to the meeting. Digital presentations brought to the meeting should be on a USB drive or CD. You are required to submit to the Recording Secretary a printed copy of your presentation for the record. Please check in with the Recording Secretary before the meeting begins to announce your presence and turn in the printed copy. The Chairperson will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Commission. PC Draft Action Minutes of 5/3/16 Page 1 of 6 CITY OF ATASCADERO PLANNING COMMISSION DRAFT ACTION MINUTES Regular Meeting – Tuesday, May 3, 2016 – 7:00 P.M. City Hall Council Chambers 6500 Palma Avenue, Atascadero, California CALL TO ORDER - 7:00 p.m. Chairperson Wolff called the meeting to order at 7:00 p.m. and Commissioner Schmidt led the Pledge of Allegiance. ROLL CALL Present: Commissioners Bentz, Dariz, Bourbeau, Schmidt, Seay, Vice Chairperson Anderson, and Chairperson Wolff Absent: None Others Present: Recording Secretary, Annette Manier Staff Present: Community Development Director, Phil Dunsmore Assistant Planner, Katie Banister APPROVAL OF AGENDA MOTION: By Commissioner Bentz and seconded by Commissioner Schmidt to approve the Agenda. Motion passed 7:0 by a roll-call vote. PUBLIC COMMENT None Chairperson Wolff closed the Public Comment period. PLANNING COMMISSION BUSINESS None ITEM NUMBER: 1 DATE: 5-17-16 1 PC Draft Action Minutes of 5/3/16 Page 2 of 6 CONSENT CALENDAR 1. APPROVAL OF DRAFT ACTION MINUTES OF MARCH 15, 2016 MOTION: By Commissioner Bentz and seconded by Vice Chairperson Anderson to approve the consent calendar. Motion passed 7:0 by a roll-call vote. COMMUNITY DEVELOPMENT STAFF REPORTS 2. PLN 2016-1587, TREE REMOVAL FOR 5393 BARRENDA AVE. Assistant Planner Banister gave the staff report and she and Community Development Director Dunsmore answered questions from the Commission. PUBLIC COMMENT The following member of the public spoke during public comment: Chip Tamagni, A&T Arborists. Mr. Tamagni answered questions from the Commission. Chairperson Wolff closed the Public Comment period. MOTION: By Commissioner Bentz and seconded by Commissioner Bourbeau to adopt PC Resolution 2016-A to allow the removal of one (1) native tree, based on findings and subject to mitigation. Motion passed 7:0 by a roll-call vote. Property Owner/Applicant: Wanda Cebulla, 5393 Barrenda Ave., Atascadero, CA 93422 Certified Arborist: Chip Tamagni, A&T Arborist, PO Box 1311, Templeton, CA 93465 Project Title: PLN 2016-1587 / TRP 2016-0198 Project Location: 5393 Barrenda Ave., Atascadero, CA 93422 APN 029-061-030 (San Luis Obispo County) Project Description: The project consists of a request to remove a 44 -inch diameter valley oak. The tree is 8 feet from the home and 6 feet from a failing retaining wall. The residents have applied for a building permit (BLD 2016-13342) to replace the retaining wall and the repairs will destabilize the tree and create a hazard. General Plan Designation: High Density Residential (HDR) Zoning District: High Density Residential Multi-family (RMF-20) City Staff: Katie Banister, Assistant Planner, kbanister@atascadero.org, Phone: 470-3480 Staff Recommendation: The Planning Commission adopt PC Resolution 2016-A approving Tree Removal Permit 2016-0198. 2 PC Draft Action Minutes of 5/3/16 Page 3 of 6 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 t o provide testimony to the Commission following the applicant. Speakers should state their name for the record and can address the Commission for three minutes. After all public comments have been received, the public hearing will be closed, and the Commission will discuss the item and take appropriate action(s).) 3. PLN 2016-1586, CONDITIONAL USE PERMIT FOR 8355 CARMELITA AVE. EX PARTE COMMUNICATIONS: Commissioner Bourbeau and Chairperson Wolff drove by the property. Assistant Planner Banister gave the staff report, and she and Community Development Director Dunsmore answered questions from the Commission. Ms. Banister referred to emails received from neighbors opposing the project, which were distributed before the meeting (Exhibit A). PUBLIC COMMENT The following members of the public spoke during public comment: Damon Meeks, Jennifer Meeks, Chip Tamagni, Jeff Clayton, Don Port, Jeff Cannon, Gere Sibbach, Carolyn Veek, Edward Veek, Jeanie Dodds, and Abe Dodds. Damon Meeks distributed a one page sheet containing pictures (Exhibit B) and a petition in support of his project (Exhibit C). Mr. Meeks answered questions from the Commission. He stated he is in agreement with all conditions except he would like to keep both (2) cranes on his property until Jan. 1, 2018 , at which time he will need to Property Owner/Applicant: Damon Meeks, 8355 Carmelita Ave., Atascadero, CA 93422 Project Title: PLN 2016-1586 / CUP 2016-0296 Project Location: 8355 Carmelita Ave., Atascadero, CA 93422 APN 031-221-011 (San Luis Obispo County) Project Description: The project consists of a proposal for an oversized detached accessory structure in a residential zone. The 2,000 square foot metal structure with no sides is greater than 50% of the size of the primary residence. The structure will be used to shade a half -court basketball court. General Plan Designation: Single Family Residential SFR-Y Zoning District: Residential Single Family RSF-Y Proposed Environmental Determination: The proposed project is categorically exempted from the California Environmental Quality Act (CEQA) Section 15303: New construction or conversion of small structures including accessory structures such as garages and carports. City Staff: Katie Banister, Assistant Planner, kbanister@atascadero.org, Phone: 470-3480 Staff Recommendation: The Planning Commission adopt PC Resolution 2016-A approving CUP 2016-0296 allowing the construction of a 2,000 square -foot accessory structure, based on findings and subject to conditions. 3 PC Draft Action Minutes of 5/3/16 Page 4 of 6 remove one due to state compliance law. He indicated he would park the cranes behind the shop so that the neighbor across the street cannot see the cranes. Chairperson Wolff closed the Public Comment period. Mr. Dunsmore explained that in the code, you can park one (1) commercial vehicle in a residential zone. Chairperson Wolff re-opened the Public Comment period. PUBLIC COMMENT The following members of the public spoke during public comment: Damon Meeks , who stated that Chip Tamagni offered to store the extra crane on his property at 1565 El Camino Real. Chairperson Wolff closed the Public Comment period. The Commission looked to staff for clarification, and staff’s suggestion would be to modify Condition 9 to state that commercial vehicle storage shall be allowed to the standards of the Atascadero Municipal Code. With this, the applicant has the understanding of what the direction has been from the Commission , and that he needs to comply with the Municipal Code. Commissioner Bourbeau commented that he is not in favor of voting to approve the item, (even though most neighbors are in support of it) for the following reasons:  The property is not zoned for commercial or industrial-type operations.  The applicant is not in compliance.  The structure is very large (181% of the size of the main residence).  The applicant is proposing to park the cranes in an area not allowed in the AMC (cannot meet required setbacks)  These heavy vehicles are damaging the roads.  He would like to see further conditions regarding landscaping. MOTION: By Commissioner Bentz and seconded by Commissioner Dariz to adopt PC Resolution 2016-A approving Conditional Use Permit PLN 2016-1586/(CUP) 2016-0296 to allow a 2,000 square foot detached accessory structure in the SFR-Y zoning district based on findings and subject to conditions of approval. Commissioner Schmidt asked if the motion included the revision to Condition 9 , and the maker of the motion (Bentz) said no. Commissioner Schmidt then re-read Condition 9 to strike the words “for accessory storage in the residential zones shall be removed 4 PC Draft Action Minutes of 5/3/16 Page 5 of 6 within 30 days of approval of this Conditional Use Permit.” The maker of the motion said he would agree with this as would Commissioner Dariz who seconded the motion. MOTION: By Commissioner Bentz and seconded by Commissioner Dariz to adopt PC Resolution 2016-A approving PLN 2016- 1586/Conditional Use Permit (CUP) 2016- 0296 to allow a 2,000 square foot detached accessory structure based on findings and subject to conditions of approval, with a revision to Condition 9 to read “Commercial vehicles that are unable to meet the standards of the Atascadero Municipal Code for accessory storage in the residential zones shall be removed.” “Within 30 days of this Conditional Use Permit” shall be removed from Condition 9. Motion passed 6:1 by a roll-call vote. (Bourbeau voted no) COMMISSIONER COMMENTS AND REPORTS Commissioner Bourbeau mentioned the New Times cover story. Director Dunsmore talked about the article and gave the Commission an update on upcoming projects within the City (including the Coco’s restaurant site). He said he would discuss additional projects in the Director’s report. Commissioner Bourbeau read an article about new requirements for energy efficiency when people remodel their homes. He asked for clarification and how would this apply to our City. Mr. Dunsmore said there are some requirements in the Title 24 Building code, but the City has not implemented anything at this point in time. DIRECTORS REPORT Community Development Director Dunsmore announced that the next Planning Commission hearing is scheduled for May 17, 2016. The Commission will hear a 6-lot subdivision on Atascadero Ave., and a report on Strategic Planning/El Camino Real Corridor Study (long-term outlook). Mr. Dunsmore gave an update on the new gym in the Spencer’s Shopping Center, and said that the permit has been issued, and the project is under construction. There are also other businesses interested in locating in the Spencer’s Center. Mr. Dunsmore 5 PC Draft Action Minutes of 5/3/16 Page 6 of 6 gave an update on the old Wendy’s restaurant site (Wendy’s may return), Walmart, and answered questions regarding the trail adjacent to the creek (San Gabriel to Portola). ADJOURNMENT – 9:15 p.m. The next regular meeting of the Planning Commission is scheduled for May 17, 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 – Emails from neighbors Exhibit B – Pictures submitted by Damon Meeks Exhibit C – Petition submitted by Damon Meeks Adopted 6 ITEM NUMBER: 2 DATE: 5/17/16 Atascadero Planning Commission Staff Report - Community Development Department Strategic Planning Update RECOMMENDATION: Planning Commission receive and file the update. SUBJECT: On April 20, 2016, staff attended a strategic planning update with the City Council. The intent of this report is to brief the Planning Commission on relevant topics that were discussed at that meeting and the direction that was provided to staff. Some of these items will soon become topics of discussion before the Planning Commission. DISCUSSION: At its November 10, 2015, City Council meeting, the City Council directed staff to review commercial vacancies throughout the El Camino Real Corridor to better understand future proposals from property owners and applicants requesting amendments to the City’s General Plan; particularly, proposed General Plan Land Use Amendments consisting of commercial land use designations converting to residential uses. This analysis was formally presented to the City Council on March 22, 2016 (Attachment 1). At the April 20 strategic planning discussion , staff presented the outcomes of the corridor study and proposed a strategy for next steps. These next steps that are consistent with the Community Development Department’s action plan included: 1. Continue the El Camino Real Corridor study by creating an RFP to hire a consultant to prepare a “Corridor Master Plan”. 2. Consider pursuing grants to assist funding of the Master Plan. 3. Authorize staff to amend the Zoning Regulations Land Use Definitions (AMC) to add missing definitions and better define existing land uses. 4. Repackage the zoning regulations to allow for a user-friendly format with graphics, charts and tables that are easy to understand. 5. Repackage the Sign Regulations similar to the zoning regulations. Staff is now proceeding with these items and will be bringing these to the Planning Commission for review and action. The first item we will be reviewing will be the up date to the Zoning Regulations land use definitions which will likely be in June. 7 ITEM NUMBER: C-1 DATE: 3/22/16 ATTACHMENT 1: EL Camino Real Corridor Study Report Atascadero City Council Staff Report - Community Development Department Preliminary El Camino Real Corridor Study PLN 2016-1579 RECOMMENDATION: Council receive and file the Preliminary El Camino Corridor Study. REPORT IN BRIEF: At its November 10, 2015 City Council meeting, the City Council directed staff to review commercial vacancies throughout the El Camino Rea l Corridor to better understand future proposals from property owners and applicants requesting amendments to the City’s General Plan; particularly, proposed General Plan Land Use Amendments consisting of commercial land use designations converting to residential uses. City staff has completed a preliminary corridor study of the El Camino Real Corridor and, in conjunction, has analyzed adopted City documents such as the City’s Zoning Ordinance and the City’s General Plan to compare current land uses with existing policies. This preliminary report provides Council the following information:  A snapshot of existing commercial vacancies along the El Camino Real Corridor, including size of spaces;  Primary commercial nodes;  A review of General Plan policies associated with the corridor; and  Identification of opportunity sites that may be incentivized through zoning and policies to facilitate a greater economic base or jobs housing balance , residential infill development, and future corridor planning opportunities. This is a preliminary report and is intended to be a building block for further discussions towards the economic growth and prosperity of the El Camino Real Corridor. Recently, the City has experienced a renewed interest in residential and commercial development opportunities. This renewed interest is an opportunity to guide development towards the 8 ITEM NUMBER: C-1 DATE: 3/22/16 intent of our General Plan. The intent of this report is to help gain a common understanding of what development opportunities exist, where vacan cies are and how the City might help facilitate economic development. Although this report is not intended to provide definitive solutions at this time, it identifies questions and outlines where existing policy supports development. Staff can bring back further refinements and potential solutions in April as part of the action plan update. DISCUSSION: Background: City staff recently received several requests to process General Plan Amendments to convert vacant or underutilized commercial land to allow residential uses along the El Camino Real Corridor. The locations include the following: 1. Property at the corner of El Camino Real and Santa Barbara at Dove Creek within the Commercial Retail Zone. 2. Property adjacent to Solana Road and El Camino Real within the Commercial Retail Zone. 3. Property between El Camino Real and HWY 101 across from La Uva Lane in the Commercial Park (CPK) zone. Rather than considering General Plan Amendments for these locations in isolation it is better to understand the larger picture, including current residential and commercial opportunities and where best to accommodate the demand for each land use. Atascadero has long suffered from a jobs/housing imbalance that continues to grow as the demand for workforce housing increases. In order to remain successful, the City needs to reserve land for business that can support jobs in addition to potential tax revenue. The City’s adopted General Plan recognizes that the El Camino Real Corridor is a key to the long term goals and economic vibrancy. General Plan Goal LOC 3 states: Transform the existing El Camino real “strip” into a distinctive, attractive and efficient commercial, office and industrial park area which can provide for the long-term economic viability of the community. The City’s General Plan Policy 3.1 includes programs to facilitate that creation. General Plan Policy 3.1: Encourage retail businesses at efficient and attractive nodes along El Camino Real and Morro Road with mixed office and residential uses between those nodes. 9 ITEM NUMBER: C-1 DATE: 3/22/16 Most of these programs are on-going, as illustrated in Attachment 1. Some of the more pertinent General Plan programs include the following: Policies 3.3.3 Designated parcels northwest of the Santa Barbara and El Camino Real intersection known as Dove Creek for mixed-use planned development. 3.3.5 Development incentives to attract new businesses to under-utilized locations along El Camino Real. 3.3.7 Conditionally allow mixed-use or exclusive multi-family infill development in the mid-block portions of General Commercial areas along El Camino Real. 3.3.8 Preserve primary intersections for commercial development with a land use overlay that requires the approval of an overall Master Site Development Plan prior to approval of any development plans. In addition to General Plan policy, the City Council adopted a “Prime Commercial Sites” policy. The purpose of the prime commercial sites policy is to focus support and proactively seek commercial development at specific locations. The policy identified 11 sites within the City that are considered prime commercial, which makes it more diffic ult to propose a mix-of uses that undermines these potential or existing comme rcial sites (Attachment 2). 1. Wal Mart/Annex site 2. K-Mart Center 3. Von’s Center 4. Smart and Final Center (Formerly Albertson’s) 5. Food 4 Less Center 6. Walgreen’s Center 7. Atascadero Oaks Center (Formerly Spencer’s) 8. Mission Oaks Center (Formerly Factory Outlets) 9. Home Depot Center 10. Dove Creek Commercial Center This policy emphasizes commercial development for these key sites, but does not address how to create an efficient and distinctive commercial area that can sustain long term viability. In addition to these 11 sites, the City adopted “Commercial Hot Spots” as part of strategic planning in 2013. The identified hot spots included:  DeCou Lumber site (behind Stylehouse Furniture)  West Front Village  Dove Creek Commercial  Home Depot center pads 10 ITEM NUMBER: C-1 DATE: 3/22/16 Quick El Camino Real Facts 7 Miles long 539 Acres 620 Buildings 2,547,245 sf of space 4,120 sf average space size  Wal Mart/Annex  Downtown/Hoff  Colony Square Since it has been several years, and the both the Prime Commercial sites and Commercial Hot Spots have begun to develop, the attention can shift to those sites that have not developed or continue to be underutilized such as the former Spencer’s shopping center, former De Cou Lumber, vacant property at Dove Creek, and other opportunities along the corridor. Since the adoption of the General Plan in 2002 and the “prime commercial” policy in 2004, the City has experienced a major growth period, and an economic recession. The City is currently experiencing another boom period with an increase in construction activities in all sectors, particularly in the residential sector. With the increased residential demand, property owners and speculators are turning to underutilized and vacant areas of the El Camino Real Corridor to explore possible General Plan amendments for future residential uses versus retail or business park uses. Analysis: Preliminary El Camino Real Corridor Study The El Camino Real Corridor is approximately 7 miles in length, running north to south and is adjacent to US Highway 101. Along that stretch, many uses are either adjacent or directly fronting El Camino Real. The predominate land use s along the corridor fit within the General Commercial (C-R) category, which includes retail, restaurant, personal services, offices, auto services, medical services, light manufacturing and a wide variety of other uses currently allowed in the district. Many non -conforming uses also exist in this district, including residential uses and storage uses. The General Commercial land use acts as a “catch–all” of uses not only for the corridor, but for the entire City. The second largest land use category is the Commercial Park Zone (CPK) which parallels HWY 101 and El Camino Real primarily north of San Anselmo Road to just south of Santa Cruz Road. This zone was intended to be the City’s clean, or light industrial/business park zone. The third largest land use category is the Commercial-Service zone which is intended to provide for auto-services, building materials, repair, and light industry. This district is primarily within the south end of the community between Curbaril and Santa Rosa Road. A total of 540 acres are either directly adjacent or gain access from El Camino Real. A breakdown of the land uses along the El Camino Real is included below. 11 ITEM NUMBER: C-1 DATE: 3/22/16 At total of 620 non-residential buildings are located throughout the 7-mile stretch of the corridor. A total of 2,547,345 sf of non-residential building square footage is within the corridor with an average building size of 4,120 sf. Analysis Strategy The focus area of the analysis included the following areas:  All non-residential designated land uses along El Camino Real  Parcels between El Camino Real and US 101  Parcels within the Downtown Area from US 101 to Lewis Avenue  Residential uses that were directly adjacent or utilized El Camino Real for direct parcel access through easements or flags The analysis was done utilizing a field survey of land uses in conjunction with GIS and current building permit information. This analysis did not include industrial uses along Traffic Way or commercial professional uses oriented along Morro Road. These specific areas could be inventoried with a future analysis. 200 Acres 43 Acres 55 Acres 63 Acres 41 Acres 75 Acres 31 Acres 12 ITEM NUMBER: C-1 DATE: 3/22/16 Total El Camino Real Vacancies  63 total buildings / spaces available  187,945 sf of available space  Average space 2,983 sf  Total Vacancy rate: 7.4% The vacancy analysis is a “snapshot” in time that incorporates building permit data during the month of January, 2016. City staff visited sections of the corridor to determine vacancies based on the following criteria:  Spaces that had “for lease” signs  Spaces that are known to be “vacant”  Visual conformation of vacant or empty store fronts  Contact of business through phone calls to verify the business does or does not exist Analysis Findings A total of 63 buildings had either complete vacancies or partial spaces that were vacant. The vacant space totals 187,945 sf, with an average space vacancy of 2,983 sf. Notable vacancies not included in staff’s analysis include some spaces listed below. These were excluded because building permits are in process, the spaces are not being actively listed, or there are known leasing issues with the buildings. The following notable vacancies omitted include:  Former Spencer’s Fresh Market Location (Building permit ready to be issued)  A portion of Former Haggen’s Grocery Store (Building permit in process for 30,000 sf of space for Smart and Final Extra)  Downtown Jack-in-the-box site (known leasing issues with corporate tenant)  Carlton Hotel Restaurant Site (not actively listed, used as event space)  Creek Side Building / Former City Hall (Successor agency not actively marketing property yet) The total vacancy rate for all non -residential buildings as of January 2016 along the El Camino Real corridor is estimated to be 7.4%. This figure was computed based on the total building square footage along the corridor divided by the estimated vacant buildings space, as determined by staff’s field survey. The perceived vacancy rate, however, is actually higher due to the buildings that are currently working on interior improvements or waiting for other approvals. For example, the former Spencer’s grocery has an approved permit for a new fitness center, Smart and Final is currently installing interior improvements in the former Haggen’s, and other new retail and restaurant spaces are working on development plans. Further breakdown of vacancy rates in the El Camino Real Corridor are below: 13 ITEM NUMBER: C-1 DATE: 3/22/16 These vacancies can be placed into three (3) distinct types:  General Commercial /retail spaces;  Office Professional spaces;  Repair Services and manufacturing. Vacancy Type Number of Buildings / Spaces Vacant SF Average Size of vacant spots (sf) El Camino Corridor building Vacancy Rate General Commercial 42 119,759 2,851 4.7% Office/Professional 15 33,637 2,242 1.3% Services / Manufacturing 6 34,549 5,758 1.3% Total 63 187,945 2,983 7.4% Vacancies were spread throughout the corridor. However, vacant spaces were prominent in three locations:  Downtown Atascadero (due to ownership issues (i.e. Carlton, Vetter properties etc.)  San Anselmo intersection area (due to San Jacinto center);  Curbaril intersection area (Wendy’s, Gary Bang, recycling center). The vacancies are concentrated in these areas due to many factors including smaller spaces in the Downtown and San Anselmo area, absentee property owners in the Downtown, and large anchor tenants vacating spaces in the Curbaril area. In the Curbaril area, vacancies will be temporary as Smart and Final is now moving in, the 0.0% 1.0% 2.0% 3.0% 4.0% 5.0% Commercial Vacancy Rates 4.7% 1.3%1.3% General commercial / retail Office / Professional Services / Manufacturing 14 ITEM NUMBER: C-1 DATE: 3/22/16 former Harley Davidson dealer is on the market, Wendy’s restaurant is considering returning, and the former recycling center will soon be available. To provide a comparison with other nearby communities, City staff reviewed 2015 data provided by Beacon Economics and Stafford McCarty Commercial Real Estate. Vacancy Type City of San Luis Obispo City of Paso Robles City of Atascadero El Camino Corridor Industrial / Warehousing 2.3 1.1 1.3 Office/Professional 5.3 7.5 1.3 Retail 1.3 2.6 4.7 Along the El Camino Real Corridor, industrial and office professional vacancies are lower than the City of San Luis Obispo and Paso Robles; however, Atascadero’s retail vacancies are significantly higher than these cities. Spaces that are currently listed “for lease” in buildings that have been typically used for “retail” type of uses rent from as low as $0.80 a square foot to as high as $2.00 a square foot. This is a significant p rice range, and significantly lower than rents collected on a per square foot basis in either San Luis Obispo or Paso Robles. It is important to understand these statistics are only applicable to the El Camino Real Corridor and not Citywide. Most of the retail spaces were developed between the late 1970’s to mid to late 1990’s throughout the corridor, with notable exceptions. Over the last five years, City Staff has noted a lack of façade improvements to existing commercial spaces. In addition, th e largest inventory of spaces in the City are less than 2,500 sf in size (a total of 39 vacant spaces). These trends in the City’s vacant spaces lead to the following:  Smaller, lower priced spaces, while great for initial business start -up costs, can lead to marginal business ventures that have a harder time ensuring the business stays afloat.  Property owners have not re-invested significantly in façade or space upgrades to attract new tenants or easily transform spaces to expand or shrink as needed ;  Larger spaces are harder to find in the City, with a significant lack of available inventory for spaces ranging from 5,000 to 10,000 square feet.  Some of the more prominent vacancies have not been filled due to issues outside of market forces.  Similar land uses exist in multiple zoning districts, therefore in some parts of the City there appears to be a lack of synergy. The lack of synergy may depress rents and not attracting the desired land uses. Although flexibility is good, retail relies on synergy and visibility, while business parks and service uses have different location needs.  The retail corridor is too spread out and the location and quality of retail spaces does not facilitate success. 15 ITEM NUMBER: C-1 DATE: 3/22/16 With lower rents, and retail vacancies higher than surrounding communities, the El Camino Real Corridor is facing pressure to convert vacant or underutilized parcels into residential uses. Therefore, this analysis warrants a close look at the City’s residential inventory and what is in the pipeline. Atascadero Residential Market Performance The local residential market continues to be robust. Attachment 5 illustrates where construction is taking place, future units are entitled, and potential new residential developments are currently undergoing entitlement review. Ma jor residential projects include:  The Knolls at the Avenida – Phase I (60 units under plan check)  Woodbridge Townhomes (35 units under construction)  Oakridge Estates (4 units under construction)  Emerald Ridge (located just south of Wal-Mart) (132 units)  Principal Mixed-Use (Across from Miner’s Hardware) (38 Units)  Atascadero Groves (45 units)  Hartberg Multi-Family (75 units – pre-app review)  Eagle Ranch Specific Plan (up to 587 units – EIR/Specific Plan review) The following is a breakdown of residential construction pipeline projects.  With Existing Entitlement= approved by planning but pending construction permits  Undergoing Entitlement review = under planning review (i.e. Emerald Ridge Apartments) A total of 1,420 residential units are in the pipeline for development. Even without Eagle Ranch, the number of units that can be expected to be reasonably constructed within the next five years significantly exceeds the City’s Regional Housing Needs Units Under Construction 176 Units With Existing Entitlement 467 Potential Units Undergoing Entitlement Review 777 Housing Projects 16 ITEM NUMBER: C-1 DATE: 3/22/16 Assessment (RHNA) that was identified in the City’s Housing Element. Our RHNA projects that we need to accommodate a total of 312 units by 2019. The residential market continues to be robust. There are opportunities for infill development along the El Camino Real corridor. However, those infill opportunities should support existing major and neighborhood commercial nodes. As a part of the corridor study, staff completed a preliminary analysis of potential new development areas for future residential uses in the corridor. The analysis of residential construction is included as Attachment 5. Advance Planning Opportunities for the Corridor As a part of the preliminary corridor analysis, staff reviewed areas for future planning consideration. These consideration areas are labeled in Attachment 3 as “opportunity” areas for both commercial / non-residential areas and residential areas. In comparison with other communities, Atascadero has a very limited amount of available commercial land. Much of the land is broken up into small parcels or is underutilized/underdeveloped. Very few deep parcels remain. Those that remain are at risk of being further reduced in size due to development that may be inconsistent with the General Plan such as proposed residential development on a commercial lot. Staff has identified opportunity sites along the El Camino Real Corridor that provide some of the following:  Existing parcels that may be combined to form areas required for larger shell buildings to house clean tech industries or other industries that provide high quality jobs to the local economy;  Potential interface issues may be minimized such as adjacency to sensitive land uses(i.e residential);  Availability of infrastructure such as sewer;  Support for future commercial nodes or support for jobs creating business park;  Implementation of General Plan programs and policies. Staff identified multiple areas along the corridor that could become opportunity sites if property owners, adjacent residents, and the City work together to help improve the economic outlook for the community. 17 ITEM NUMBER: C-1 DATE: 3/22/16 Future Analysis Areas Location 1. San Anselmo / El Camino Real – Vacant commercial properties exist adjacent to the former Atascadero Ford site across from the K-Mart shopping center. These four large parcels are vacant and currently allow Commercial-Retail development. Other adjacent parcels appear underutilized. 2. Solano Avenue / El Camino Real –. This location suffers from a poor retail location. South of Solano, the area is already developed with service commercial and non-retail uses. The land use category is currently retail. 3. Uptown Atascadero – This location north of the downtown is sandwiched between EL Camino and residential properties. Its narrow depth and small lots limits commercial development. There are several large Colony homes in this block, that further limit flexibility. It is currently zoned for Retail. 18 ITEM NUMBER: C-1 DATE: 3/22/16 4. Mid-El Camino Real – This area is south of the WalMart site between HWY 101 and El Camino. Most of the properties here are underutilized south of the factory outlets. This area is zoned CPK and is the City’s designated “Business Park” zone. It also allows retail. Sites to the east allow a mix of low and medium density residential. 5. West Del Rio Marketplace – The large, nearly flat site facing the west side of US 101 is within the Rural Residential Zone. Its freeway frontage and access to Del Rio road invite a greater potential, especially as the overpass is improved and regional retail is developed in the Annex and Wal Mart properties. In preparation for the April 20th strategic planning discussion, staff could develop an action plan that outlines specific strategies. These strategies could include a re - examination of the Commercial Hot Spots or the Prime Commercial Policy. The City may also wish to pro-actively earmark specific sites to help facilitate development or redevelopment. Expanding the Preliminary Corridor Study – A concept plan for the corridor The El Camino Real Corridor has been identified since the City’s incorporation as the key commercial hub. The 1980 General Plan mentioned the corridor directly and noted similar observations that can still be made today: 19 ITEM NUMBER: C-1 DATE: 3/22/16 The 1992 General Plan also calls out a strategy along the El Camino Real Corridor. An excerpt from the 1992 General Plan includes: The 2002 General Plan contains goals, policies and programs to transform the corridor. The City has participated in corridor visioning completed by outside organizations, including Cal Poly in 2011 and SLOCOG in 2008 and 2011 . The City has policies in place that can be utilized to help us view the bigger picture. Given current development trends, we now need to make some decisions to ensure that the City can continue providing a healthy economic base in addition to accommodating a large portion of the County’s housing demand. Both of these can be accomplished. This preliminary corridor plan serves as a start. With information taken from the Cal Poly 2011 Plan, this assessment, and SLOCOG, we can build the groundwork and begin to formulate strategy that responds to current demand while proactively facilitating economic development. The El Camino Real Corridor can be a key to the City’s economic success and growth. Now that things are progressing with some of the downtown properti es, and regional retail will soon be in place at Del Rio, the focus can shift to other underutilized sites to help facilitate both retail and job based commercial development while still focusing residential development on appropriate sites. CONCLUSION: The El Camino Real Corridor has been an economic hub of the City since its foundation in the early 1900’s. Since incorporation, the City has recognized the corridor is one of the prime economic engines of the Community. The City’s General Plan has outlined programs and policies to enhance the corridor, and the corridor has slowly improved as commercial nodes have begun to emerge. For example, the Vons center has undergone significant enhancements in recent years and Colony square will soon progress to be the key attraction near the downtown, along with the walking bridge and the Hoff property. With a booming housing market, the El Camino Real Corridor’s vacant and underutilized parcels that are designated for non-residential uses are being explored due to the 20 ITEM NUMBER: C-1 DATE: 3/22/16 availability of public services, infrastructure, and ease of transportation choices. These same attributes are also needed for the successful development of commercial property. Conversion of commercial land use designation to residential desi gnations may hinder the future potential of larger commercial parcels to develop as intended by the General Plan. Our General Plan recognizes that retail development should be focused within nodes adjacent to arterial road intersections and that other areas may be appropriate for other commercial uses. The City has a great plan in place and implementation of the plan will help keep things moving in a forward direction. The City Council asked Staff to examine the El Camino Real Corridor for the following:  Commercial Vacancies throughout the corridor.  Viable hot spots along El Camino Real.  Locations that the City is willing to convert.  Sites that might be possible for clean technology or alternative development. Through this preliminary analysis, the following takeaways can be made:  The Vacancy Rate for El Camino Real is actually lower than other cities in the County;  Significant vacancies are for spaces that are less than 2,500 square feet;  Significant lack of available commercial space for spaces between 5,000 to 10,000 sf exists throughout the corridor and in the City;  The City has a diluted commercial corridor;  The City has over 600 residential units available for construction in the next 18 months;  An additional 800 units may be entitled over the next t wo years for residential construction ranging from apartments, townhomes, small lot single family dwellings, and typical large lot residential development;  The City has a lack of large, green field development areas for clean tech or other job generating uses that provide living wages to our local economy; and  There are opportunities to combine parcels and create nodes and districts for various commercials and job generating uses that provide a greater jobs/housing and revenue balance; ATTACHMENTS: 1. General Plan Programs and Policies 3.1 2. City Council Prime Commercial Sites Policy 21 ITEM NUMBER: C-1 DATE: 3/22/16 ATTACHMENT 1: General Plan Program and Policies 22 ITEM NUMBER: C-1 DATE: 3/22/16 ATTACHMENT 2: City Council Prime Commercial Sites Policy 23 ITEM NUMBER: C-1 DATE: 3/22/16 24 September 2, 2003 Page 1 of 20 Atascadero Planning Commission Staff Report - Community Development Department Alfredo R. Castillo AICP, Associate Planner, 470-3436, acastillo@atascadero.org PLN 2015-1563 El Mojon 6 Lot Subdivision SUBJECT: The applicant is proposing subdividing two existing 6.6 acre lots into six (6) lots of one (1) gross acre or more. A new, City standard residential street, would be constructed with the proposed subdivision. As a part of the construction of the new street, one (1) Coast Live Oak and one (1) Blue Oak tree will be removed and additional native trees may be removed based on the proposed "build areas" of the subdivision. RECOMMENDATION: 1. The Planning Commission approve Draft Resolution PC 2016-A certifying Mitigated Negative Declaration 2016-0001; 2. The Planning Commission approve Draft Resolution PC 2016-B approving Vesting Tentative Subdivision Map (VTSM) 2015-0109 and Tree Removal Permit TRP 2015-0188, to allow six (6) lot subdivision on APN 056-211-038 and 037. Situation and Facts 1. Applicant / Property Owner: DA 2 Development LLC, 7650 Portola Road, Atascadero, CA 93422 2. Project Address: 10075 and 10085 Atascadero Avenue, Atascadero, CA 93422, APN 561-211-037/038 4. General Plan Designation: Single-Family Residential (RSF) 5. Zoning District: Residential Single-Family (RSF-Y) 6. Site Area: 6.6 acres 7. Existing Use: Vacant / Residential Infill 8. Environmental Status: Proposed Mitigated Negative Declaration 2016-0001 ITEM NUMBER: 3 DATE: 5-17-16 25 DISCUSSION: Background The existing 6.6 acre site at 10075 and 10085 Atascadero Avenue is currently vacant. The property owner has submitted an application to subdivide the property into six (6) lots with a minimum of one (1) gross acre for each lot. The minimum lot size in the RSF- Y zone is one (1) gross acre. The proposed subdivision is consistent with the req uired minimum lot size for this zoning district. Surrounding Land Use and Setting North: Residential Single-Family (RSF-Y) South: Residential Single-Family (RSF-Y) East: Residential Single-Family (RSF-Y) West: Atascadero Avenue ROW / Residential Suburban (RS) ANALYSIS: The proposed project consists of a request for a Tentative Subdivision Map (formerly known as Tract Maps) to subdivide two existing lots at 10075 and 10085 Atascadero Avenue totaling 6.6 acres into six (6) smaller lots in the Residential Single-Family (RSF- Y) zone. The proposed lot sizes range in size from 1.0 acre to 1.24 acres. 26 The Atascadero Municipal Code (AMC) Section 9-3.152 sets the minimum lot size for RSF zoning district. The minimum lot size for the RSF-Y district is one (1) gross acre in area. The AMC defines “gross acre” as the total area of a lot, inclusive of roads and easements. The proposed subdivision meets all required elements of Title 11, Subdivision Design, Maps, and General Requirement for Maps. Subdivision Design The proposed subdivision has an average lot size of 1.09 acres. The six (6) lots are accessed from a proposed new cul-de-sac. Each lot will be constructed individually and there is a proposed “build area” that has been included in ord er to quantify the number of native trees that may be removed. It is expected that new residential homes will be placed in the proposed build areas to take advantage of a streamlined environmental review. Staff will work with the applicant and the applicant’s arborist to site new homes that will reduce native tree removals. The proposed “buildable” areas are shown in Attachment 3. Tract 3085 Vesting Tentative Subdivision Map Individual home designs will be selected by the developer on a lot by lot basis. Proposed homes in the subdivision will not exceed building heights consistent with AMC 27 Section 9-4.113(a), which is no taller than 30-feet and will meet all standard setback requirements. Proposed Public Improvements The proposed project includes the construction of a new local residential street, tentatively named “El Mojon Court” or the “mile-stone” that is approximately 450-feet in length. This street would be privately maintained by the residents through a maintenance agreement as a part with either CC&Rs, a Homeowners Association, or another City approved maintenance instrument. As part of the proposed development, utilities in the subdivision are required to be underground, and the appl icant is responsible for removing or relocating existing utility poles the front the Atascadero Avenue portion of the project. A condition has been included per the City Engineer’s recommendation. Stormwater / Drainage / Post Construction Stormwater The proposed project is required to comply with Post-Construction Storm Water Management requirements mandated by the State of California per State Water Bo ard Resolution No R3-2013-0032. The proposed new development will be required to retain all stormwater drainage on-site at pre-development level. A hydrology report will be required at the time of final map / public improvement plan submittal to comply with this requirement. Conditions have been placed to ensure the applicant meets these new State Standards including on-site basins for individual lots or through a common basin for the lots and roadway conveyed through easements. Tree Removal Permit The applicant has submitted an application for a Tree Removal Permit for the removal of one (1) Live Oak tree totaling 5-inches DBH and one (1) blue oak tree totaling 7- inches in DBH. Per the Atascadero Native Tree Ordinance and Guidelines, these removals are considered roadway improvement removals and are mitigated at a higher fee / replacement when compared to Single-Family Residential removals. Either six (6), 5-gallon trees to be located within the project or a fee of $316.66, or combination thereof. An additional 143-inches of DBH may be removed on the six (6) individual lots as they are developed. This is based on the proposed building pad areas that have been included. At the time of lot development, an Arborist Report will be required based on the location of the proposed residence and driveway. Any native trees removed will be subject to the Native Tree Ordinance and will be required to be mitigated. City staff will work with the project arborist to reduce the amount of tree removals to the extent feasible. 28 General Plan Consistency The proposed project is consistent with the following General Plan Land Use Element Goals and Policies based on the following determinations:  The proposed subdivision is compatible with the City’s existing Zoning Ordinance, which requires a minimum lot size of one (1) gross acre. The average lot size within 300-feet of the proposed project is approximately 1.1 acres, which is consistent with Land Use Policy 2.1;  The proposed subdivision is not proposing intensive grading on-site of the six (6) lots and has included building envelope to avoid native trees and site slopes, consistent with Land Use Policy 5.3;  The proposed development ensures that areas will remain undisturbed through the identification of building envelopes, as well as an open space easemen t as required by the Mitigated Negative declaration to preserve an existing swale, consistent with Land Use Policy 6.1;  The proposed development has reached out to local Native American nations including the Chumash and Salinan Nations to ensure that no p re-historical resources are disturbed with development, consistent with AB 52 and Land Use Policy 6.2;  The proposed project includes improvements such as a new roadway that will minimize native tree removals, as well as, provides building envelopes that protects native trees for additional disturbances consistent with Land Use Policy 7.1. Tree Removal Permit Findings In considering any tree removal request, at least one of the required findings must be made by the Planning Commission. Staff has identified the following finding as appropriate for the application request, as the two trees proposed for removal are located in the area proposed for through access between the sites and San Benito Road. The native trees are obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified be a report from the site planner and determined by the Community Development Departmen t based on the following factors: a. Early consultation with the City, b. Consideration of practical design alternatives, c. Provision of cost comparison (from applicant) for practical design alternatives. 29 Vesting Tentative Subdivision Map Consistent with the California Government Code (CGC) § 66474 (Subdivision Map Act) and the Atascadero Municipal Code Title 11, Subdivision, staff recommends the Planning Commission make the following findings:  The proposed subdivision is consistent with the General Plan and applicable zoning requirements, as identified in the General Plan consistency analysis that was completed in this Staff Report, including five (5) major land use development policies pertaining to residential development within the City of Atascadero.  The proposed project is suitable for the type of proposed development. The site’s General Plan designation is Single-Family Residential (SFR) and contained a corresponding zoning designation of RSF-Y. The site is gently sloping in a predominately large lot single-family residential neighborhood. Construction of single-family residential homes is consistent with the type of use and density envisioned by the City’s General Plan.  The proposed density of the project is 1 unit per gross acre, which is consistent with the General Plan’s maximum density of 2.0 units per gross acre for this land use designation. 2nd units are permitted within this land use designation / zoning district and if all lots developed with 2nd units, the proposed d evelopment will not exceed the maximum allowed density per the City’s General Plan. The proposed subdivision meets the RSF-Y minimum lot size designation of one (1) gross acre per lot, therefore, the proposed project is physical suitable for the proposed density of the project.  The proposed project’s Mitigated Negative Declaration (MND) evaluated potential impacts to fish, wildlife, and their habitat. A Biological assessment of the proposed project concluded that, with implementation of mitigation, the pro posed project would result in a less than significant impact to special status plant and wildlife species and to native trees. Further, the proposed project would have no impact on wildlife corridors or waters of the US.  The proposed project will not cause serious health problems as discussed in detail in MND. The site has been thoroughly investigated for the potential presence of hazards and hazardous materials and, with the incorporation of mitigation measures, development of the project would not have the potential to create a significant hazard to the public or environment, which includes mitigation for temporary construction dust and noise, therefore, the proposed subdivision will not cause serious health problems.  The proposed project consists of a six (6) lot residential subdivision for the construction of six (6) single-family homes and would not interfere with existing access or use easements on the site. The project will provide for all appropriate access for public utilities. Further, the project would provide for public access to the site via a new, City Standard, residential street that includes a cul -de-sac for 30 emergency turn-arounds and safety. Accordingly, the design of the subdivision will not conflict with access through or use of the properties within the proposed subdivision.  The vesting tentative subdivision map includes a variety of inter-related on-site and off-site improvement necessary to serve the buildout of the six (6) lots created by the map. These improvements including grading and drainage of the proposed new street must be complete prior to the recordation of parcels in order to insure the orderly development of the surrounding area. Proposed Environmental Determination Staff has prepared a Draft MND that was circulated to public agencies and interested members of the public. The Environmental Analysis identified concerns regarding potential impacts to aesthetics, air quality, biology, cultural resources, geology and soils, water quality, noise, and circulation. Mitigation measures pertaining to these areas are included. The proposed project is projected to increase traffic on both the new proposed street and Atascadero Avenue by 60 trips per day. The Level of Service (LO S) of Atascadero Avenue is considered a LOS A and is a designated Minor Arterial per the City’s General Plan Circulation Element, therefore, the potential increase in traffic is considered less than significant. An additional mitigation measure has been included to protect an existing drainage swale on Lot 4 for a neighboring property owner and that may contain potential habitat for special status species. A finding is proposed that this project would not have a significant effect on the environment based upon the implementation of the identified mitigation measures. Staff is recommending that the Planning Commission certify the Proposed MND 2016-0001. Conclusion The applicant is proposing a parcel map to subdivide two 6.6 acre legal lots into six (6) lots for residential development. A new residential street will provide access to these proposed lots and will feed into Atascadero Avenue, which is a designated Minor Arterial. A Tree Removal Permit has been submitted for the removal of two native trees for the construction of the roadway. Additional tree removals will be needed to be completed as individual lots are submitted for building permits. The MND, analyzed the removal of up to 143-inches of DBH across the proposed six (6) lots. Any native tree removals will require mitigation per the Atascadero Native Tree Ordinance. The proposed project is consistent with the General Plan and Atascadero Municipal Code based on the above analysis and incorporated conditions. Staff recommends the approval of the MND, Vesting Tentative Subdivision Map, and the Tree Removal Permit as proposed in the attached draft resolutions. 31 ALTERNATIVES: 1. The Commission may include modifications to the project and/or conditions of approval for the project. 2. The Commission may determine that more information is needed on some aspect of the project and may refer the item back to the applicant and staff to develop the additional information. The Commission should clearly state the type of information that is required and move to continue the item to a future date. 3. The Commission may deny the project. The Commission must specify the reasons for denial of the project and make an associated finding with such action. ATTACHMENTS: Attachment 1: Location Map, General Plan, and Zoning Attachment 2: Vesting Tentative Subdivision Map Attachment 3: Proposed Buildable Areas Attachment 4: Draft Resolution PC 2016-A (Certification of MND) Attachment 5: Draft Resolution PC 2016-B (VTSM / TRP) 32 Attachment 1: Location Map, General Plan and Zoning Zoning: Residential Single-Family (RSF-Y) General Plan Designation: Single-Family Residential (SFR-Y) Project Site 10075 / 10085 Atascadero Ave 33 Attachment 2: Vesting Tentative Subdivision Map 34 Attachment 3: Proposed Buildable Areas 35 Attachment 4: Draft Resolution PC 2016-A Certification of Mitigated Negative Declaration 2016-0001 RESOLUTION PC 2016-A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING CERTIFY PROPOSED MITIGATED NEGATIVE DECLARATION 2016- 0001 FOR, TENTATIVE SUBDIVISION MAP 2015-0109 AND TREE REMOVAL PERMIT 2015-0188 ON APN 056-211-037 / 38 (10075 & 10085 Atascadero Avenue / DA Development LLC) WHEREAS, an application has been received from DA 2 Development, LLC (7650 Portola Road, Atascadero, CA 93422) Applicant and Owner, to approve a six (6) lot Vesting Tentative Subdivision Map and Tree Removal Permit on a 6.6-acre site located at 10075 and 10085 Atascadero Avenue (APN 056-211-037, 038); and, WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2016-0001 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission of the City of Atascadero held a public hearing on May 17, 2016 to consider the Initial Study and Proposed Mitigated Negative Declaration; and, WHEREAS, the Planning Commission has determined that the project will have no significant impacts with project specific mitigation measures incorporated; and, NOW THEREFORE, the Planning Commission of the City of Atascadero, hereby certifies Proposed Mitigated Negative Declaration 2016-0001 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, 36 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, 7. The added mitigation measure is more effective in mitigating or avoiding potential significant effects, and it will not, in itself, cause any potentially significant effect on the environment. 37 On motion by Commissioner ______ and seconded by Commissioner _____ the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: (6) NOES: (0) ABSTAIN: (0) ABSENT: (0) ADOPTED: CITY OF ATASCADERO, CA ______________________________ Jan Wolff Planning Commission Chairperson Attest: ______________________________ Phill Dunsmore Planning Commission Secretary t:\- 15 plns\pln 2015-1563 10075 atascadero ave subdivision\pln 2015-1563-el mojon.docx 38 Exhibit A: Proposed Mitigated Negative Declaration 2016-0001 39 40 CITY OF ATASCADERO PROPOSED MITIGATED NEGATIVE DECLARATION #2016-0001 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 to the disadvantage of long-term environmental goals. 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 2016-0001 (made a part hereof by reference and on file in the Community Development Department), it has been determined that the above project will not have an adverse impact on the environment when the following mitigation measures are incorporated into the project (see attachment). Prepared By: Stefanie Farmer, Planning Intern / Alfredo R. Castillo, AICP, Associate Planner Date Posted: April 27, 2016 Public Review Ends: May 16, 2016 Attachments: - Location & Zoning Map - Aerial - Site Plan / Grading Plan - Elevations / Sections - Site Photos - Fault Map - National Wetlands Inventory Map Project Title: El Mojon Court 6 Lot Subdivision PLN 2015-1563 / TTM 2015-0109 / TRP 2015-0188 Lead Agency: City of Atascadero, 6500 Palma Avenue, Atascadero, CA 93422 Contact Person: Alfredo R. Castillo, AICP, Phone: (805) 470-3436, Email: acastillo@atascadero.org Project Location: 10075 Atascadero Avenue, Atascadero CA 93422 (San Luis Obispo County) APN: 056-211-038 10085 Atascadero Avenue, Atascadero CA 93422 (San Luis Obispo County) APN: 056-211-037 Cross-Streets: San Gabriel Road / Atascadero Avenue Applicant: DA2 Development, LLC, 7650 Portola Road, Atascadero, CA 93422 Property Owner: DA 2 Development , LLC, 7650 Portola Road, Atascadero, CA 93422 General Plan Designation: Single-Family Residential (SFR-Y) Zoning District: Residential Single-Family (RSF-Y) Project Description: A proposed subdivision of two existing parcels of recorded to be subdivided into six (6) lots. Applicant proposes construction of a new residential street, to be privately maintained, to access the proposed lots from Atascadero Avenue. As a part of the construction of the new street, up to 143-inches in Diameter Breast Height (DBH) of native Coast Live Oak, and Blue Oak trees are proposed to be removed. Proposed residential homes will be limited to areas identified as "build areas" to reduce impacts to native trees. Homes are proposed to be constructed as each individual lot is sold. 41 CITY OF ATASCADERO PROPOSED MITIGATED NEGATIVE DECLARATION Page 2 of 2 - Hazardous Materials Map - FIRM - Arborist Report - Biological Report - Initial Study 2016-0001 42 CITY OF ATASCADERO INITIAL STUDY 04/28/16 part2 ENVIRONMENTAL CHECKLIST FORM Environmental Review 2016-0001 Lead Agency Name and Address: City of Atascadero 6500 Palma Avenue, Atascadero, CA 93422 Contact Person and Phone Number: Alfredo R. Castillo, AICP City of Atascadero, Phone: (805) 461-5035 General Plan Designation: Single Family Residential (SFR-Y) Zoning: Residential Single Family (RSF-Y) Surrounding Land Uses and Setting: Residential Single Family (RSF-Y) Rural Suburban (RS) Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement) None 43 CITY OF ATASCADERO INITIAL STUDY 2016-0001 04/28/16 part2 Attachment 1 Location & Zoning Map Zoning: Residential Single Family (RSF-Y) General Plan Designation: Single Family Residential (SFR-Y) Surrounding Zoning: Residential Single Family (RSF-Y), Rural Suburban (RS) Project Site: 10075 Atascadero Ave. / 10085 Atascadero Ave. 44 CITY OF ATASCADERO INITIAL STUDY 2016-0001 04/28/16 part2 Attachment 2 Aerial Project Site: 10075 Atascadero Ave. / 10085 Atascadero Ave. APN 056-211-038 APN 056-211-037 45 CITY OF ATASCADERO INITIAL STUDY 2016-0001 04/28/16 part2 Attachment 3 Site Plan 46 CITY OF ATASCADERO INITIAL STUDY 2016-0001 04/28/16 part2 Attachment 4 Elevations / Sections 47 CITY OF ATASCADERO INITIAL STUDY 2016-0001 04/28/16 part2 Attachment 5 Site Photos Atascadero Avenue street frontage looking toward the start of proposed road. View of existing residences on both sides of proposed road. 48 CITY OF ATASCADERO INITIAL STUDY 2016-0001 04/28/16 part2 Atascadero Avenue looking north from the entrance of proposed road. Across Atascadero Avenue looking south form the entrance of proposed road. 49 CITY OF ATASCADERO INITIAL STUDY 2016-0001 04/28/16 part2 Looking West from further into the proposed road looking toward Atascadero Avenue. Looking East into the proposed project site. 50 CITY OF ATASCADERO INITIAL STUDY 2016-0001 04/28/16 part2 Looking further East into the proposed project site. View of a lot area with native oak trees. 51 CITY OF ATASCADERO INITIAL STUDY 2016-0001 04/28/16 part2 Attachment 6 Fault Map Project Site: 10075 Atascadero Ave. / 10085 Atascadero Ave. Known Fault 52 CITY OF ATASCADERO INITIAL STUDY 2016-0001 04/28/16 part2 Attachment 7 National Wetlands Inventory Map No known wetlands on-site 53 CITY OF ATASCADERO INITIAL STUDY 2016-0001 04/28/16 part2 Attachment 8 Hazardous Materials Map Project not located near any known hazards. 54 CITY OF ATASCADERO INITIAL STUDY 2016-0001 04/28/16 part2 Attachment 9 Flood Insurance Rate Map Project not located in known flood zone. 55 CITY OF ATASCADERO INITIAL STUDY 2016-0001 04/28/16 part2 This Page is left blank 56 CITY OF ATASCADERO INITIAL STUDY 2016-0001 04/28/16 part2 Exhibit A Mitigation Monitoring Program PLN 2015-1563 / TRP 2015-0188 / TTM 2015-0109 El Mojon Court 6 Lot Subdivision Timing FM: Final Map GP: Grading Permit BP: Building Permit TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Agency Requirement FED: Federal Government CAL: California Government LOC: Local Government Mitigation Measure 1.d.1: All lighting shall be designed to eliminate any off site glare by including shielding mechanisms to prevent offsite light spillage and glare. Fixtures shall be shield cut-off type. BP BS/PS LOC Mitigation Measure 3.b.1: The project shall be conditioned to comply with all applicable District regulations pertaining t o 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 BS/PS CAL Mitigation Measure 4.a.1: To ensure impacts to California legless lizards are avoided and minimized, development in areas of thick duff will be avoided. If these areas cannot be avoided, a qualified biologist shall conduct a preconstruction survey of highly suitable habitat. This survey will include lightly raking the upper soil layer and leaf litter to determine if legless lizards are present. If legless lizards are discovered, they will be moved by hand to areas that will not be impacted by development activities. GP PS CAL Mitigation Measure 4.a.2: A rare plant survey during the appropriate bloom period (May-July) is recommended to determine presence or absence of two sensitive plant species. If present, these species should be avoided during future development. If any plant speci es are listed under the California Endangered Species Act (CESA) or the federal Endangered Species Act (ESA), the appropriate resource agency shall be contacted for direction on how to proceed prior to disturbance on the property. Additionally, strands of deer grass shall be flagged for avoidance during this same botanical survey effort. GP PS FED/CAL 57 CITY OF ATASCADERO INITIAL STUDY 2016-0001 04/28/16 part2 Exhibit A Mitigation Monitoring Program PLN 2015-1563 / TRP 2015-0188 / TTM 2015-0109 El Mojon Court 6 Lot Subdivision 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.b.c.1: The southern end of the proposed project area shown in Figure 1 of the Biological Report shall be designated with a permanent open space easement that restricts the area from further development. This easement shall be recorded concurrently with the final map. FM PS/CE LOC Mitigation Measure 4.d.1: To protect nesting birds the Applicant should avoid vegetation clearing and earth disturbance during the typical nesting season (February 1 – September 15). If avoiding construction during this season is not feasible, a qualified biologist shall survey the area two days prior to activity beginning on the site. If nesting birds are located, they shall be avoided until they have successfully fledged or the nest has naturally failed. A buffer zone of 50 feet will be placed around all non-sensitive passerine bird species and 250 feet for all raptor species. Activity will remain outside of buffers until the applicant’s biologist has determined that the young have fledged or the nest is no longer active. If special status bird species are located, no work will begin until an appropriate buffer is determined by consultation with the City, the local CDFW biologist, and/or the USFWS. GP PS LOC Mitigation Measure 4.e.1: Grading and excavation and grading work shall be consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: 1. All existing trees outside of the limits of work shall remain. 2. Earthwork shall not exceed the limits of the project area. 3. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 4. Vehicles and stockpiled material shall be stored outside the drip line of all trees. 5. All trees within twenty feet of construction work shall be fenced for protection with 4-foot chain link, snow or safety fencing placed per the approved tree protection plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing shall remain in place until completion of all construction activities. 6. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. 7. Utilities such as water, gas, power, cable, storm drainage, and sewer should be redirected from under the canopy of any trees that are to remain. 8. Where a building is placed within the canopy of a tree the foundation should be redesigned so that it bridges acro ss any root systems. 9. Any foundation or other structure that encroaches within the drip line of trees to be saved shall be dug by hand. 10. At no time shall tree roots be ripped with construction equipment. GP PS LOC 58 CITY OF ATASCADERO INITIAL STUDY 2016-0001 04/28/16 part2 Exhibit A Mitigation Monitoring Program PLN 2015-1563 / TRP 2015-0188 / TTM 2015-0109 El Mojon Court 6 Lot Subdivision 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.2: Tree protection fencing shall be installed at the locations called out in the Oak Tree Protection Plan. An inspection of the tree fencing shall be done by City staff or Arborist prior to issuance of building permits. All areas within the drip line of the trees that cannot be fenced shall receive a 4-6” layer of chip mulch to retain moisture, soil structure, and reduce the effects of soil compaction. GP PS LOC Mitigation Measure 4.e.3: An on-site meeting with the arborist, owner, and City Staff, is required to determine home design and layout that increases the preservation of native trees. Ongoing PS/BS CAL Mitigation Measure 4.e.4: A mandatory meeting between the arborist and grading/trenching contractor shall take place prior to work start. This activity shall be monitored by the arborists to insure proper root pruning is taking place. Any landscape architects and contractors involved shall not design any irrigation or other features within any drip line unless previously approved by the project arborists. GP BS/PS CAL Mitigation Measure 4.e.5: All utilities shall remain outside the driplines of native trees, to the extent feasible. If roads exist between two trees, the utilities shall be routed down the middle of the road or completely hand dug. All trenches in these areas shall be exposed by air spade or hand dug with utilities routed under/over the roots. GP/BP BS/PS CAL Mitigation Measure 4.e.6: Soils within the drip line that have been compacted by heavy equipment and/or construction activities must b e returned to their original state before all work is completed. Methods include adding specialized soil conditioners, water jetting, adding organic matter, and boring small holes with an auger (18” deep, 2 -3’ apart with a 2-4” auger) and the application of moderate amounts of nitrogen fertilizer. GP/BP BS CAL Mitigation Measure 4.e.7: Grading shall not encroach within the drip line unless approved by the project arborist. Grading should not disrupt the normal drainage pattern around the trees. Fills s hould not create a ponding condition and excavations should not leave the tree on a rapidly draining mound. GP/BP BS CAL Mitigation Measure 4.e.8: Any exposed roots shall be re-covered the same day they were exposed. If they cannot, they must be covered with burlap or another suitable material and wetted down 2x per day until re-buried. GP PS CAL Mitigation Measure 4.e.9: Paving within the drop line consists of placing base material on existing grade. Any grade lowering removes important surface roots. Pavers can be used with limitations. The base material must be above natural grade and the curbing to retain the pavers shall not be trenched any deeper than six inches into the natural grade. BP BS/PS LOC 59 CITY OF ATASCADERO INITIAL STUDY 2016-0001 04/28/16 part2 Exhibit A Mitigation Monitoring Program PLN 2015-1563 / TRP 2015-0188 / TTM 2015-0109 El Mojon Court 6 Lot Subdivision 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.10: No liquid or solid construction waste shall be dumped on the ground within the drop line of any native tree. The drip line areas are not for storage of materials either. Any violations shall be remedied through proper cleanup approved by the project arborist at the expense of the owner. GP/BP CE/PS CAL Mitigation Measure 4.e.11: All native tree pruning shall be completed by a licensed and insured D49 tree trimming contractor that has a valid city business license. GP/BP PS CAL / LOC Mitigation Measure 4.e.12: All landscape under the drop-line shall be drought tolerant or native varieties. Lawns shall be avoided. All irrigation trenching shall be routed around drop lines; otherwise above ground drip-irrigation shall be used. GP/BP PS CAL Mitigation Measure 4.e.13: 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, the construction-related tree protection measures are no longer required for tree protection, and suggest additional fertilization, insecticide, fungicide, soil amendments, and mycorrhiza applications that will benefit tree health. FO PS 17.d.1 Mitigation 5.d.1: In the event that human remains are discovered on the property, all work on the project shall stop and the Atascadero Police Department and the County Coroner shall be contacted. The Atascadero Community Development Department shall be notified. If the human remains are identified as being Native American, the California Native American Heritage Commission (NAHC) shall be contacted at (916) 653-4082 within 24 hours. A representative from both the Chumash Tribe and the Salinan Tribe shall be notified and present during the excavation of any remains. GP BS/PS CAL Mitigation Measure 6.b.1: The grading permit application plans shall include erosion control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. GP BS/CE CAL Mitigation Measure 6.b.2: All cut and fill slopes shall be hydro seeded with an appropriate erosion control method (erosion control blanket, hydro-mulch, or straw mulch appropriately anchored) immediately after completion of earthwork. All disturbed slopes shall have appropriate erosion control methods in place. The contractor will be responsible for the clean-up of any mud or debris that is tracked onto public streets by construction vehicles. GP BS/CE CAL 60 CITY OF ATASCADERO INITIAL STUDY 2016-0001 04/28/16 part2 Exhibit A Mitigation Monitoring Program PLN 2015-1563 / TRP 2015-0188 / TTM 2015-0109 El Mojon Court 6 Lot Subdivision Timing FM: Final Map GP: Grading Permit BP: Building Permit TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Agency Requirement FED: Federal Government CAL: California Government LOC: Local Government Mitigation Measure 6.b.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 placed prior to commencement of grading activities. This device shall be approved by the City Engineer. GP/BP BS/CE CAL Mitigation Measure 6.c.1: Import soils used to raise site grade should be equal to or better than on-site soils in strength, expansion, and compressibility characteristics. GP BS CAL Mitigation Measure 6.c.2: Post-construction care should include long- term drought tolerant landscaping and irrigation solutions that do not allow for frequent changes in soil moisture content or irregular application of water around the perimeter of the structures. BP PS CAL Mitigation Measure 6.c.3: Unstable soils during grading to excessive subsurface moisture should be corrected by including aeration or the use of gravels and/or geotextiles as stabilizing measures. GP BS/CE CAL Mitigation Measure 8.h.1: 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 deemed appropriate by the fire marshal and chief building official. BP FD CAL/LOC Mitigation Measure 12.d.1: All construction activities shall comply with the City of Atascadero Noise Ordinance for weekday and weekend hours of operation of equipment (between 7 am and 9pm). GP/BP PS LOC Mitigation Measure 16.a.b.1: Payment of Circulation System Fee (TIF) shall be made prior to the issuance of building permits for all residential and non-residential uses. Those traffic impact fees shall be collected consistent with California Government Code Section 66498.5. BP 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, utilize drip irrigation, and follow state drought tolerant landscaping standards. BP PS LOC 61 CITY OF ATASCADERO INITIAL STUDY 2016-0001 04/28/16 part2 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. 4/27/16 Alfredo R. Castillo, AICP Date Planner 62 CITY OF ATASCADERO INITIAL STUDY 2016-0001 04/28/16 part2 EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers excep t "No Impact" answers that are adequately supported by the information sources a lead agency cites in the parentheses following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply do es not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project -specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project-specific screening analysis). 2) All answers must take account of the whole action involved, including off -site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 3) Once the lead agency has determined that a particular physical impact may occur, 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 t he 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 th e 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 ordinance s). 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 o r 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. 63 CITY OF ATASCADERO INITIAL STUDY 2016-0001 04/28/16 Page 22 part2 Initial Study 2016-0001 PLN 2015-1563 / TRP 2015-0188 / TTM 2015-0109 El Mojon Court 6 Lot Subdivision 10075 & 10085 Atascadero Avenue 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 Report; Atascadero Municipal Code; Atascadero General Plan; Elevation Report; Oak Tree Protection Plan DISCUSSION: 1.a. The proposed project consists of six (6) singl e family residential lots of approximately one acre each that will be accessible by a new local road. This proposed road will connect to Atascadero Avenue which is surrounded by single family homes in a rural setting. The project site is currently two vacant lots with a gentle sloping topography. Each proposed lot has a building envelope with a 25-foot plus setback from the road and a drive way that connects to the proposed road in compliance with AMC Section 9-4.106. Within each building envelope, the proposed housing meets the requirements of Atascadero Municipal Code (AMC) Section 9-4.113 by including building heights of 25-feet for their one story and two story options. Future development on these proposed lots will be behind existing development from Atascadero Avenue, will blend in with the surrounding neighborhood and is not near an adopted scenic vista from the City of Atascadero, therefore having no significant impact. 1.b. This proposed project includes a new local road connecting to Atascadero Avenue and is not within a state scenic highway. Up to seventy two (72) native oak trees may be removed upon subdivision development. This number assumes that all native trees would be removed from “buildable” areas, however consistent with the City’s Native Tree Ordinance, Staff will work with future property owners to minimize tree removals. Additionally, the plan intends to preserve a large oak tree at the entrance of the parcels and most of the mature oaks. Additional steps will be taken to preserve as many other native trees consistent with the Atascadero Tree Ordinance and the Oak Tree Protection Plan. Therefore the project is determined to have less than significant impact. 1.c. The proposed architecture is consistent with the character and quality of the surrounding homes in the area by implementing multiple roofline variations, additional corners to rooms, large square and rectangular windows, and by preserving large shady spaces surrounding homes with native trees. Additionally, each proposed building envelopes meet AMC Section 9-4.106 front setback requirements of at least 25 -feet, AMC 9-4.107 minimum side setback of five (5) feet, AMC Section 9-4.108 rear setback of ten (10) feet minimum, and AMC Section 9 -4.113 max building height of 25-feet for their one story and two story options. Therefore the impact is considered less than significant. 1.d. All proposed lighting within the development area will be residential in nature. The AMC contains language under section 9-4.137, exterior lighting, stating that “no light glare shall be transmitted or reflected in such concentration or intensity as to be detrimental or harmful to persons or to interfere with the use of surr ounding properties or streets.” Implementation of Mitigation Measures 1.d.1 would help to ensure that the residences do not create a substantial light source that adversely affects nighttime views, reducing this impact to less than significant thresholds. 64 CITY OF ATASCADERO INITIAL STUDY 2016-0001 04/28/16 Page 23 part2 Initial Study 2016-0001 PLN 2015-1563 / TRP 2015-0188 / TTM 2015-0109 El Mojon Court 6 Lot Subdivision 10075 & 10085 Atascadero Avenue Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact Proposed Mitigation Measures – Aesthetics Mitigation Measure 1.d.1: All lighting shall be designed to eliminate any off site glare by including shielding mechanisms to prevent offsite light spillage and glare. Fixtures shall be shield cut -off type. 2. AGRICULTURAL AND FOREST RESOURCES -- In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Dept. of Conservation as an optional model to use in as sessing 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: Farmland Mapping and Monitoring San Luis Obispo County Map 2012; City of Atascadero Geographic I formation System (GIS); San Luis Obispo County Natural Resources -Agricultural Resources Map DISCUSSION: 2.a. The property is not shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency as prime farmland. Therefore, no impact. 2.b. The property is not in an agricultural zone and is not under a Williamson Act contract based on review of Atascadero GIS / San Luis Obispo County Agriculture Resources mapping information. Therefore, no impact. 2.c. The project does not involve rezoning of forest land or timberland. New single family development on these proposed lots is consistent with the existing zoning designations. Therefore, no impact. 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. Therefore, no impact. 65 CITY OF ATASCADERO INITIAL STUDY 2016-0001 04/28/16 Page 24 part2 Initial Study 2016-0001 PLN 2015-1563 / TRP 2015-0188 / TTM 2015-0109 El Mojon Court 6 Lot Subdivision 10075 & 10085 Atascadero Avenue Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact 3. AIR QUALITY -- Where available, the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations. Would the project: a) Conflict with or obstruct implementation of the applicable air quality plan? b) Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non - attainment under an applicable federal or state ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? e) Create objectionable odors affecting a substantial number of people? SOURCES: San Luis Obispo County Air Pollution Control District (APCD) CEQA Air Quality Handbook, 2012; APCD Naturally Occurring Asbestos Map; Project Description, Civil Plan Set DISCUSSION: 3. a.c. Six (6) residential lots are proposed for development. This will include six (6) homes, one (1) on each lot, with a proposed new local road. According to the Screening Criteria for Project Air Quality An alysis (Table 1-1, SLOAPCD, 2014), Single Family Housing would have to be at or over 71 dwelling units in order to be expected to exceed the APCD Greenhouse Gas (GHG) Numerical Threshold. Additionally, this project would have to produce at or over 91 dwelling units in order to be expected to exceed the APCD Ozone Precursor Significance Threshold (Table 1 -1, SLOAPCD, 2014). Therefore, since this project is producing significantly less development and will not exceed APCD standard levels, the impact is determined to be less than significant. 3.b. Construction activities, including site grading, have the potential to produce small quantities of air pollution that include dust and equipment exhaust. Air quality impacts from construction will be temporary and short term. As discussed in the Civil Plan Set, the project shall be conditioned to comply with all ap plicable APCD regulations pertaining to the control of fugitive dust (PM-10) as showed in Section 2 “Assessing and Mitigating Construction Impacts” of the April 2012 CEQA Air Quality Handbook to reduce air quality impacts. With the implementation of Mitigation Measure 3.b.1, the impact is considered less than significant. 3.d.e. The construction of the project will not concentrate pollutants or create objectionable odors based on proposed uses and screening criteria established by the San Luis Obispo Air Pollution Control District. Furthermore, upon reviewing the APCD Naturally Occurring Asbestos (NOA) Map to determine if the proposed project site falls within an area subject to NOA requirements, the site is not within an area with NOA. Therefore the impact is considered less than significant. 66 CITY OF ATASCADERO INITIAL STUDY 2016-0001 04/28/16 Page 25 part2 Initial Study 2016-0001 PLN 2015-1563 / TRP 2015-0188 / TTM 2015-0109 El Mojon Court 6 Lot Subdivision 10075 & 10085 Atascadero Avenue Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact Proposed Mitigation Measures – Air Quality 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 measure s 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 visi ble 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. 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 regulation s 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? 67 CITY OF ATASCADERO INITIAL STUDY 2016-0001 04/28/16 Page 26 part2 Initial Study 2016-0001 PLN 2015-1563 / TRP 2015-0188 / TTM 2015-0109 El Mojon Court 6 Lot Subdivision 10075 & 10085 Atascadero Avenue Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? SOURCES: Project Description; Atascadero Tree Ordinance; Biological Report; Arborist Report; U.S. Fish and Wildlife Survey’s National Wetland’s Inventory (NWI) Map; United States Geologic survey (USGS) topographic Map DISCUSSION: 4.a. Attachment 2 of the Biological Report identifies listed and special-status species. There are two sensitive wildlife species and five sensitive plant species that have potential to occur, however most of the sensitive species were determined to have no potential to occur based on lack of suitable habitat or lack of species observation. Currently, none of these species were found on the proposed project side. Suitable habitat was identified for California legless lizard. Additionally, suitable habitat was identified for three special-status plant species; however the survey was conducted outside of the blooming period. With the implementati on Mitigation Measure 4.a.1 and Mitigation Measure 4.a.2, the impact is considered less than significant. 4.b.c. According to the Biological Report, the far southern portion of the project site has an upland swale. Figure 1 of the Biological Report displays the swale with east to west surface flows. The swale is isolated from jurisdictional water features and lacks riparian vegetation. According to the U.S. Fish and Wildlife Survey’s National Wetland’s Inventory (NWI) Map and the United States Geologic survey (USGS) topographic maps, this area was not identified as a wetland. According to the Biological Report’s conclusion, this swale may be considered a single criterion wetland by California Department of Fish and Wildlife (CDFW ) based on the domination of deer grass and is recommended for avoidance. However, upon review of the Preliminary Grading Plan with proposed building envelopes , development will not occur in the identified area established in Figure 1 of the Biological Report. With the implementation of Mitigation Measure 4.b.c.1, the impact is less than significant. 4.d. The Biological Report identifies six (6) passerine an d one (1) raptor species during the survey, including acorn woodpecker, American Crow, mourning dove, Bewick’s wren, oak titmouse, and red -shouldered hawk. Nests of these species are protected from disturbance under Fish and Game Code and the Migratory Bi rd Treaty Act (MBTA). Additionally, oak titmouse is considered a sensitive species by CDFW. According to the Biological Report, impacts to these nesting birds may occur if grading and vegetation clearing/trimming occurs during the typical nesting period (February 1 – September 15). Potential direct impacts include nest disruption or abandonment from vegetation clearing or trimming, construction noise, and equipment vibration. Indirect impacts to nesting birds may include loss of nesting and foraging habitats. With the implementation Mitigation Measure 4.d .1, the impact is considered less than significant. 4.e.f. The Arborist Report identifies seven two (72) native trees for possible removal within the proposed project area, which consists of blue oak, live oak, scrub oak, and valley oak trees. While there are a few hundred or more trees in the entire project area, the building placement has the potential to save up to 30% of native trees in each lot. With the incorporation of mitigation measures 4.e.1-13, the project will have less than significant impacts. Proposed Mitigation Measures – Biological Resources Mitigation Measure 4.a.1: To ensure impacts to California legless lizards are avoided and minimized, development in areas of thick duff will be avoided. If these areas cannot be avoided, a qualified biologist shall conduct a preconstruction survey of highly suitable habitat. This survey will include lightly raking the upper soil layer and leaf lit ter to determine if legless lizards are present . If legless lizards are discovered, they will be moved by hand to areas that will not be impacted by development activities. Mitigation Measure 4.a.2: A rare plant survey during the appropriate bloom period (May -July) is recommended to determine presence or absence of two sensitive plant species. If present, these species should be avoided during future development. If any plant species are listed under the California Endangered Species Act (CESA) or the federal Endangered Species Act (ESA), the appropriate resource agency shall be contacted for direction on how to proceed prior to disturbance on the property. Additionally, strands of deer grass shall be flagged for avoidance during this same 68 CITY OF ATASCADERO INITIAL STUDY 2016-0001 04/28/16 Page 27 part2 Initial Study 2016-0001 PLN 2015-1563 / TRP 2015-0188 / TTM 2015-0109 El Mojon Court 6 Lot Subdivision 10075 & 10085 Atascadero Avenue Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact botanical survey effort. Mitigation Measure 4.b.c.1: The southern end of the proposed project area shown in Figure 1 of the Biological Report shall be designated with a permanent open space easement that restricts the area from further development. This easement shall be recorded concurrently with the final map. Mitigation Measure 4.d.1: To protect nesting birds the Applicant should avoid vegetation clearing and earth disturbance during the typical nesting season (February 1 – September 15). If avoiding construction during this season is not feasible, a qualified biologist shall survey the area two days prior to activity beginning on the site. If nesting birds are located, they shall be avoided until they have successfully fledged or the nest has naturally failed. A buffer zone of 50 feet will be placed around all non-sensitive passerine bird species and 250 feet for all raptor species. Activity will remain outside of buffers until the applicant’s biologist has determined that the young have fledged or the nest is no longer active. If special status bird speci es are located, no work will begin until an appropriate buffer is determined by consultation with the City, the local CDFW biologist, and/or the USFWS. Mitigation Measure 4.e.1: Grading and excavation and grading work shall be consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: 1. All existing trees outside of the limits of work shall remain. 2. Earthwork shall not exceed the limits of the project area. 3. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 4. Vehicles and stockpiled material shall be stored outside the drip line of all trees. 5. All trees within twenty feet of construction work shall be fenced for protection with 4 -foot chain link, snow or safety fencing placed per the approved tree protection plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing shall remain in place until completion of all construction activities. 6. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. 7. Utilities such as water, gas, power, cable, storm drainage, and sewer should be redirected from under the canopy of any trees that are to remain. 8. Where a building is placed within the canopy of a tree the foundation should be redesigned so that it bridges across any root systems. 9. Any foundation or other structure that encroaches within the drip line of trees to be saved shall be dug by hand. 10. At no time shall tree roots be ripped with construction equipment. Mitigation Measure 4.e.2: Tree protection fencing shall be installed at the locations called out in the Oak Tree Protection Plan. An inspection of the tree fencing shall be done by City staff or Arborist prior to issuance of building permits. All areas within the drip line of the trees that cannot be fenced shall receive a 4 -6” layer of chip mulch to retain moisture, soil structure, and reduce the effects of soil compaction. Mitigation Measure 4.e.3: An on-site meeting with the arborist, owner, and City Staff, is re commended to determine home design and layout that increases the preservation of native trees. Mitigation Measure 4.e.4: A mandatory meeting between the arborist and grading/trenching contractor shall take place prior to work start. This activity shall be monitored by the arborists to insure proper root pruning is taking place. Any landscape architects and contractors involved shall not design any irrigation or other features within any drip lin e unless previously approved by the project arborists. Mitigation Measure 4.e.5: All utilities shall remain outside the driplines of native trees, to the extent feasible. If roads exist between two trees, the utilities shall be routed down the middle of the road or completely hand dug. All trenches in these areas shall be exposed by air spade or hand dug with utilities routed under/over the roots. Mitigation Measure 4.e.6: Soils within the drip line that have been compacted by heavy equipment and/or construction activities must be returned to their original state before all work is completed. Methods include adding specialized soil conditioners, water jetting, adding organic matter, and boring small holes with an auger (18” deep, 2 -3’ apart with a 2-4” 69 CITY OF ATASCADERO INITIAL STUDY 2016-0001 04/28/16 Page 28 part2 Initial Study 2016-0001 PLN 2015-1563 / TRP 2015-0188 / TTM 2015-0109 El Mojon Court 6 Lot Subdivision 10075 & 10085 Atascadero Avenue Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact auger) and the application of moderate amounts of nitrogen fertilizer. Mitigation Measure 4.e.7: Grading shall not encroach within the drip line unless approved by the project arborist. Grading should not disrupt the normal drainage pattern around the trees. Fills should not create a ponding condition and excavations should not leave the tree on a rapidly draining mound. Mitigation Measure 4.e.8: Any exposed roots shall be re-covered the same day they were exposed. If they cannot, they must be covered with burlap or another suitable material and wetted down 2x per day until re-buried. Mitigation Measure 4.e.9: Paving within the drop line consists of placing base material on existing grade. Any grade lowering removes important surface roots. Pavers can be used with limitations. The base material must be above natural grade and the curbing to retain the pavers shall not be trenched any deeper than six inches into the natural grade. Mitigation Measure 4.e.10: No liquid or solid construction waste shall be dumped on the ground within the drop line of any native tree. The drip line areas are not for storage of materials either. Any violations shall be remedied through proper cleanup approved by the project arborist at the expense of the owner. Mitigation Measure 4.e.11: All native tree pruning shall be completed by a licensed and insured D49 tree trimming contractor that has a valid city business license. Mitigation Measure 4.e.12: All landscape under the drop-line shall be drought tolerant or native varieties. Lawns shall be avoided. All irrigation trenching shall be routed around drop lines; otherwise above ground drip -irrigation shall be used. Mitigation Measure 4.e.13: 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, the construction-related tree protection measures are no longer required for tree protection, and suggest additional fertilization, insecticide, fungicide, soil amendments, and mycorrhiza applications that will benefit tree health. 5. CULTURAL RESOURCES -- Would the project: a) Cause a substantial adverse change in the signif icance 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; City of Atascadero GIS DISCUSSION: 5.a.b.c. The City of Atascadero GIS show that there are no known historic or archaeological resources located on or adjacent to the site. Therefore no impact. 5.d. No known human remains have been found or documented in the vicinity of the project. The site may have a potential to have human remains on-site due to no known archeological study completed directly on-site. In addition, 70 CITY OF ATASCADERO INITIAL STUDY 2016-0001 04/28/16 Page 29 part2 Initial Study 2016-0001 PLN 2015-1563 / TRP 2015-0188 / TTM 2015-0109 El Mojon Court 6 Lot Subdivision 10075 & 10085 Atascadero Avenue Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact know Native American burial sites have been located around the p roject area. With implementation of mitigation measure 5.d.1, the potential for a significant impact is rendered to less than significant thresholds. Proposed Mitigation Measures – Cultural Resources 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. 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 deli neated on the most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. ii) Strong seismic ground shaking? iii) Seismic-related ground failure, including liquefaction? iv) Landslides? b) Result in substantial soil erosion or the loss of topsoil? c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? e) Have soils incapable of adequately supporting the use of septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? SOURCES: Project Description; City of Atascadero GIS; Geotechnical Engineering Report DISCUSSION: 6.a.i. As illustrated by Attachment 6, the project is not located on any known earthquake faults. The propose d property 71 CITY OF ATASCADERO INITIAL STUDY 2016-0001 04/28/16 Page 30 part2 Initial Study 2016-0001 PLN 2015-1563 / TRP 2015-0188 / TTM 2015-0109 El Mojon Court 6 Lot Subdivision 10075 & 10085 Atascadero Avenue Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact contains no unusual geological formations. Additionally, the Geotechnical Engineering Report concludes the site is not within an Earthquake Fault Zone identified on the State of California Earthquake Fault Zone Map. 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 faults closest to the site, which would most affect the proposed project are Rinconada Fault and San Andreas Fault Zone. They are approximately 1.95 miles and 28 miles away from the proposed project site, respectively. 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 building 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 g round shaking to a less than significant level. 6.a.iii.iv. Geographical information systems and the Geotechnical Engineering Report show the project site to be in an area of low risk for both landslides and liquefaction. Therefore, no impact. 6.b. Construction activities on the site will be required to comply with sedimentation and erosion control measures prescribed by the City Engineer. To ensure proper erosion control measures are in place, mitigation measures 6.b.1 – 6.b.3 have been included to reduce any top soil loss to a less than significant impact. 6.c.d. The Geotechnical Engineering Report’s expansion determination indicates that the bea ring soils lie in the “Low” expansion potential range. Evaluation of the subsurface indicated soils generally medium dense to very dense silty clayey sand overlain by loose silty slightly clayey sand. Mitigation measure 6.c.1 has been included to reduce impacts to less than significant. 6.e. The site will be served by local utility systems and will not require the use of septic tanks or alternative wastewater disposal systems. Therefore no impact. Proposed Mitigation Measures – Geology and Soils Mitigation Measure 6.b.1: The grading permit application plans shall include erosion control measures to prevent so il, dirt, and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. Mitigation Measure 6.b.2: All cut and fill slopes shall be hydro seeded with an appropriate erosion control method (erosion control blanket, hydro-mulch, or straw mulch appropriately anchored) immediately after completion of earthwork. All disturbed slopes shall have appropriate erosion control methods in place. The contractor will be responsible for the clean up of any mud or debris that is tracked onto public streets by construction vehicles. Mitigation Measure 6.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 placed prior to commencement of grading activities. This device shall be approved by the City Engineer. Mitigation Measure 6.c.1: Import soils used to raise site grade should be equal to or better than on -site soils in strength, expansion, and compressibility characteristics. Mitigation Measure 6.c.2: Post-construction care should include long-term drought tolerant landscaping and irrigation solutions that do not allow for frequent changes in soil moisture content or irregular application of water around the perimeter of the structures. Mitigation Measure 6.c.3: Unstable soils during grading to excessive subsurface moisture should be c orrected by including aeration or the use of gravels and/or geotextiles as stabilizing measures. 72 CITY OF ATASCADERO INITIAL STUDY 2016-0001 04/28/16 Page 31 part2 Initial Study 2016-0001 PLN 2015-1563 / TRP 2015-0188 / TTM 2015-0109 El Mojon Court 6 Lot Subdivision 10075 & 10085 Atascadero Avenue Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact 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: Air Pollution Control District (APCD) CEQA Air Quality Handbook, 2012; Atascadero Climate Action Plan; Project Description DISCUSSION: 7.a. According to the Screening Criteria for Project Air Quality Analysis (Table 1-1, SLOAPCD, 2014), a Single Family Housing development would have to be at or over seventy-one (71) dwelling units in order to be expected to exceed the APCD GHG Numerical Threshold and as well as be at or over ninety-one (91) dwelling units in order to be expected to exceed the APCD Ozone Precursor Significance Threshold. The proposed residential lots will not exceed air quality and emissions thresholds set by the Screening Criteria for Project Air Quality Analysis (Table 1-1, SLOAPCD, 2014). Therefore the project’s impacts are determined to be less than significant. 7.b. The construction of the project will not concentrate pollutants or create objectionable odors. The project is consistent with the City’s Climate Action Plan. There for the impact is determined to be less than significant. 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 hazard ous 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 73 CITY OF ATASCADERO INITIAL STUDY 2016-0001 04/28/16 Page 32 part2 Initial Study 2016-0001 PLN 2015-1563 / TRP 2015-0188 / TTM 2015-0109 El Mojon Court 6 Lot Subdivision 10075 & 10085 Atascadero Avenue Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact 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: EnviroStor; City of Atascadero GIS DISCUSSION 8.a.b.c. According to Attachment 8, 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. The site is within the Fire Department’s five minute or less response area. During building permit review, the fire department will verify appropriate fire hydrant locations. Sprinklers are required on all new residential structures. The project will not impair implementation of an adopted emergency response plan or evacuation plan, therefore no impact. 8.h. The proposed project is within the urban service and not located near wildlands. Geographical information systems show the project site to be in a high fire hazard zone. Implementation of Mitigation Measure 8.h.1 will result in a less than significant impact. Proposed Mitigation Measures – Hazardous and Hazardous Materials Mitigation Measure 8.h.1: 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 sha ll include the use of non-combustible exterior construction and roofs and fire-resistant building materials deemed appropriate by the fire marshal and chief building official. 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? 74 CITY OF ATASCADERO INITIAL STUDY 2016-0001 04/28/16 Page 33 part2 Initial Study 2016-0001 PLN 2015-1563 / TRP 2015-0188 / TTM 2015-0109 El Mojon Court 6 Lot Subdivision 10075 & 10085 Atascadero Avenue Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact d) Substantially alter the existing drainage pattern of the site or area, including through the alteration of the course o f a stream or river, or substantially increase the rate or amount of surface runoff in a manner that would result in flooding on- or off-site? e) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? g) Place housing within a 100-year flood hazard area as mapped on a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures that would impede or redirect flood flows? i) Expose people or structures to a significant risk of loss, injury or death involving flooding, including flooding as a result of the failure of a levee or dam? j) Inundation by seiche, tsunami, or mudflow? ____________________________________________________________________________________________ SOURCES: Roadway Drainage Report; Project Description; City of Atascadero GIS; FEMA Flood Insurance Rate Map DISCUSSION: 9.a. Construction will have a less than significant impact on water quality standards. Erosion, sediment and environmental control measures shall be implemented as necessary to ensure reduced pollutant releases and minimize potential environmental impacts of the project; therefore the project will have a less than significant impact. 9.b. Water will be provided by Atascadero Mutual Water Company, therefore the project will not deplete ground water supplies or interfere with groundwater recharge. There are only six (6) new residential lots being proposed, therefore the impact is less than significant. 9.c. The proposed project will not alter the course of a stre am, river or identified waters of the United States (US). The Roadway Drainage Report discusses two areas of drainage. Area one will convey the runoff towards Atascadero Avenue and area two will convey the runoff towards the back of the project. Area one is 4,200 square feet and area two is 8,900 square feet. The drainage will be conveyed through grass lined swales along the roadway. Culvert pipes will be used at each private driveway for access. Construction activities are subject to review for compli ance with City drainage and grading regulations. Drainage will not be permitted to create or intensify any hazards for persons or property in the vicinity, therefore the project will have less than significant impact. 9.d.e.f. This proposed project will follow the Central Coast Regional Water Quality Control Board’s Post Construction Requirements by directing runoff to pervious surfaces along with filtering and retaining runoff on site. Therefore, the project will have less than significant impact. 9.g.h.i.j. City of Atascadero GIS shows the proposed project area outside of the 0.2 percent annu al chance flood plain. According to the Flood Insurance Rate Map, the proposed project site is located outside the 100 -year flood hazard area. The project area is not subject to inundation by a tsunami. Therefore the project will have no impact. 75 CITY OF ATASCADERO INITIAL STUDY 2016-0001 04/28/16 Page 34 part2 Initial Study 2016-0001 PLN 2015-1563 / TRP 2015-0188 / TTM 2015-0109 El Mojon Court 6 Lot Subdivision 10075 & 10085 Atascadero Avenue Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact 10. LAND USE AND PLANNING - Would the project: a) Physically divide an established community? b) Conflict with any applicable land use plan, policy, or regulation of an agency with jurisdiction over the project (including, but not limited to the general plan, specific plan, local coastal program, or zoning ordinance) adopted for the purpose of avoiding or mitigating an environmental effect? c) Conflict with any applicable habitat conservation plan or natural community conservation plan? SOURCES: Atascadero General Plan 2025; Project Description DISCUSSION: 10.a. The project will not physically divide an established community. The proposed project is in compliance with the General Plan Policy 2.1 ensuring that new development is compatible with existing and surrounding neighborhoods. Single-family housing is consistent and compatible with the surrounding residential neighborhood. Therefore, no impact. 10.b. The Atascadero Zoning Ordinance indicates that single-family dwellings are an appropriate use in Single-Family Residential (SFR-Y) General Plan designation as well as Residential Single-Family (RSF-Y) zone. Surrounding properties are zoned Residential Single Family (RSF-Y) and Rural Suburban (RS). The site’s zoning and use is consistent with the General Plan. The property is listed not in Table V-21 in the General Plan as a potential site for low- income housing. Therefore, no impact. 10.c. The project is consistent with the open space and conservation policies identified in the General Plan. Therefore, no impact. 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: Geotechnical Engineering Report; City of Atascadero GIS DISCUSSION: 11.a.b. No mining is proposed as a part of this project. No known mineral resourc es have been identified in the area. Therefore, no impact. 76 CITY OF ATASCADERO INITIAL STUDY 2016-0001 04/28/16 Page 35 part2 Initial Study 2016-0001 PLN 2015-1563 / TRP 2015-0188 / TTM 2015-0109 El Mojon Court 6 Lot Subdivision 10075 & 10085 Atascadero Avenue Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact 12. NOISE -- Would the project result in: a) Exposure of persons to or generation of noise levels in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b) Exposure of persons to or generation of excessive ground-borne vibration or ground-borne noise levels? c) A substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project? d) A substantial temporary or periodic increase in ambient noise levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip, would the project expose people living or working in the project area to excessive noise levels? SOURCES: Project Description; Noise Element; Noise Ordinance DISCUSSION: 12.a.b. The project use is consistent with surrounding residential land uses and standards establis hed in the local general plan and noise ordinance. The project will not result in significant exposure of persons to the generation of noise levels or ground borne vibration and noise levels. Therefore, the project will have a less than significant impact. 12.c. The project will not create a substantial permanent increase in ambient noise levels in the project vicinity above levels existing without the project, and therefore will have a less than significant impact. 12.d. Construction is expected to involve some heavy machinery and use of impact tools that will temporarily increase the ambient noise levels in the project vicinity above levels existing without the project. Construction activities shall comply with Mitigation Measure 12.d.1 and therefore will have a less than significant impact. 12.e.f. The project is not located within an airport land use plan or private airstrip. The project will not expose people living or working in the project area to excessive noise levels, and therefore will have no impact. Proposed Mitigation Measures – Noise Mitigation Measure 12.d.1: All construction activities shall comply with the City of Atascadero Noise Ordinance for weekday and weekend hours of operation of equipment (between 7 am and 9pm). 77 CITY OF ATASCADERO INITIAL STUDY 2016-0001 04/28/16 Page 36 part2 Initial Study 2016-0001 PLN 2015-1563 / TRP 2015-0188 / TTM 2015-0109 El Mojon Court 6 Lot Subdivision 10075 & 10085 Atascadero Avenue Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact 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? c) Displace substantial numbers of people , necessitating the construction of replacement housing elsewhere? _____________________________________________________________________________________________ SOURCES: Project Description; General Plan Housing Element; 2010 US Census DISCUSSION: 13.a. The project proposes six (6) residential lots on two (2) currently vacant parcels. Based on the 2010 US Census, the City’s average household size is 2.51 persons per unit. The total projected population of the project at build out is approximately fifteen (15) persons. This represents less than 1% of the City’s total population of 28,310, based on the 2010 US Census. Therefore, the proposed residences as a part of the proposed project will not have substantial growth inducing effects. The proposed project will have a less than significant impact on growth. 13.b.c. This proposed project does not displace any existing housing or people. Therefore, no impact. 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: Atascadero General Plan; Atascadero Municipal Code; City Fire Department; City Police Department; City Public W orks Department 78 CITY OF ATASCADERO INITIAL STUDY 2016-0001 04/28/16 Page 37 part2 Initial Study 2016-0001 PLN 2015-1563 / TRP 2015-0188 / TTM 2015-0109 El Mojon Court 6 Lot Subdivision 10075 & 10085 Atascadero Avenue Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact DISCUSSION: Development Impact Fees: Development Impact Fees will be required of any new project for which a building permit is issued. The concept of the impact fee program is to fund and sustain improvements which are needed as a re sult 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: The applicant shall comply with all requirements of the Fire Department. Impact fees were charged in order to pay the cost of providing new Police and Fire Department services to the project site. Both the Police and Fire Departments of the City of Atascadero have indicated that they wi ll be able to adequately service the proposed project. Therefore the project will have a less than significant impact. Schools: At buildout, the city’s population will overburden the existing school system unless additional classroom space is added. The Atascadero Unified School District charges impact fees to fund additional schools as needed. State law restricts mitigation of school impacts to the levying of these fees and other measures adopted by the School district. Provision of adequate facilities for the population is the responsibility of the school district. Fees will be required through construction permits for the residence. With payment of impact fees, the proposed project’s impact to school facilities is less than significant. Parks: The Quimby Act requires five (5) acres per one thousand (1000) persons. The proposed project will only increase the population by approximately 15 persons, which represents less than 1% of the City’s total population of 28,310, based on the 2010 US Census. The proposed project will not increase demand on existing City parks and recreation facilities. The additional development of six (6) residential lots will be required to cont ribute to park development fees in order to provide additional park space when the population becomes in need of additional space. Therefore, the impact is less than significant. Other public facilities: The construction of the project is not expected to have significant impacts on any other public facilities. 15. RECREATION -- a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated?     b) Does the project include recreational facilities or require the construction or expansion of recreational facilities that might have an adverse physical effect on the environment? SOURCES: Project Description; Atascadero General Plan DISCUSSION: 15.a. Residents are expected to use existing parks and recreational facilities; however the numbers are not expected to result in substantial physical deterioration of any facilities and the collection of impact fees for this project site will offset the additional use. Therefore the project will have a less than significant impact. 15.b. The proposed project does not include recreational facilities and does not require the expansion or construction of recreational facilities. Therefore, the project will not have an adverse effect on the environment and will have a less than significant impact. 79 CITY OF ATASCADERO INITIAL STUDY 2016-0001 04/28/16 Page 38 part2 Initial Study 2016-0001 PLN 2015-1563 / TRP 2015-0188 / TTM 2015-0109 El Mojon Court 6 Lot Subdivision 10075 & 10085 Atascadero Avenue Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact 16. TRANSPORTATION/TRAFFIC -- Would the project: a) Conflict with an applicable plan, ordinance or policy establishing measures of effectiveness for the performance of the circulation system, taking into account all modes of transportation including mass transit and non-motorized travel and relevant components of the circulation system, including but not limited to intersections, streets, highways and freeways, pedestrian and bicycle paths, and mass transit? b) Conflict with an applicable congestion management program, including, but not limited to level of service standards and travel demand measures, or other standards established by the county congestion management agency for designated roads or highways? c) Result in a change in air traffic patterns, including either an increase in traffic levels or a change in location that results in substantial safety risks? d) Substantially increase hazards due to a design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? 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: Circulation Element; ITE Trip Generation Calculator; Project Description DISCUSSION: 16.a.b. The ITE Trip Generation Calculator determined the proposed project of six (6) single-family residential lots will produce 57 daily trips. According to the General Plan Circulation Element, Atascadero Avenue is currently at level of service “A” and this project is not expected to impact daily traffic volumes. In order to address cumulative impacts over time, Mitigation Measure 16.b.1 help reduce future impacts to less than significant levels . 16.c.d. No changes will occur to the air traffic patterns, and the project will not increase hazards due to sharp curves or incompatible uses. Therefore the project will have no impact. 16.e. The Fire department determined the proposed project provides adequate emergency vehicle access, therefore no impact was found. 16.f. The proposed project is within a low density rural residential area and according to the Atascadero Bike Plan, Atascadero Avenue is designated as a Class II bike lane. The project is consistent with the area circulation, the Atascadero Bike Plan, and the General Plan. Adequate parking will be provided on-site for the proposed project. Transit facilities serving the project site are expected to be adequate for the surrounding setting. Therefore the project will have a less than significant impact. 80 CITY OF ATASCADERO INITIAL STUDY 2016-0001 04/28/16 Page 39 part2 Initial Study 2016-0001 PLN 2015-1563 / TRP 2015-0188 / TTM 2015-0109 El Mojon Court 6 Lot Subdivision 10075 & 10085 Atascadero Avenue Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact Proposed Mitigation Measures – Transportation / Traffic Mitigation Measure 16.a.b.1: Payment of Circulation System Fee (TIF) shall be made prior to the issuance of building permits for all residential and non-residential uses. Those traffic impact fees shall be collected consistent with California Government Code Section 66498.5. 17. UTILITIES AND SERVICE SYSTEMS --Would the project: a) Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b) Require or result in the construction of new water or wastewater treatment facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? c) Require or result in the construction of new storm water drainage facilities or expansion of existing facilities, the construction of which could cause significant environmental effects? d) Have sufficient water supplies available to serve the project from existing entitlements and resources, or are new or expanded entitlements needed? e) Result in a determination by the wastewater treatment provider that serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? f) Be served by a landfill with sufficient permitted capacity to accommodate the project’s solid waste disposal needs? g) Comply with federal, state, and local statutes and regulations related to solid waste? SOURCES: Project Description; Regional Water Quality Control Board; Atascadero Mutual Water Company DISCUSSION: 17.a.b.e. The proposed project will be serviced by the City’s sewer system. The applicant will be required to connect all residential units to the City’s sanitary sewer s ystem. 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. 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 pumped from several portions of the largest underground basin in the county, the Paso Robles Formation, using a series of shallow and deep wells. The water company anticipates that it will be able to meet the city’s needs through build out and beyond . 81 CITY OF ATASCADERO INITIAL STUDY 2016-0001 04/28/16 Page 40 part2 Initial Study 2016-0001 PLN 2015-1563 / TRP 2015-0188 / TTM 2015-0109 El Mojon Court 6 Lot Subdivision 10075 & 10085 Atascadero Avenue Potentially Significant Impact Less Than Significant with Mitigation Incorporation Less Than Significant Impact No Impact The AMWC water demand at build out is estimated to be at 134 thousand gallons per year for each residential unit, which totals to 804 thousand gallons per year for this project. In light of the drought, landscaping will be consistent with the City’s water efficient landscaping ordinance. Turf will not be permitted to be installed by the developer in any portion of the proposed project for consistency with the City’s ordinance. This is i ncluded as a mitigation measure creating a less than significant impact with proposed mitigation. 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. Proposed Mitigation Measures – Utilities 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 , utilize drip irrigation, and follow state drought tolerant landscaping standards. 18. MANDATORY FINDINGS OF SIGNIFICANCE -- a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b) Does the project have impacts that are individually limited, but cumulatively considerable? ("Cumulatively considerable" means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects that will cause substantial adverse effects on human beings, either directly or indirectly?  d) Does the project have the potential to achieve short-term environmental goals to the disadvantage of long term environmental goals? DISCUSSION: The project site consists of six (6) residential parcels which are being proposed for a new residential development, consistent with the General Plan and Zoning Ordinance. The proposed project has been analyzed as required by CEQA and the Atascadero Municipal Code. Project -related impacts have been identified and mitigation measures have been included within the proposal to reduce the effect of the proposed project as described herein. SOURCES: General Plan Land Use Element, City of Atascadero, 2002 Zoning Ordinance, part of Municipal Code, City of Atascadero, as amended through 2015. Land Use Element Environmental Impact Report (EIR), Crawford, Multari, & Clark, adopted 2002 CEQA Handbook, Air Quality Control District, April 2012 General Plan Safety Element, City of Atascadero, 2002 82 CITY OF ATASCADERO INITIAL STUDY 2016-0001 04/28/16 Page 41 part2 General Plan Circulation Element, 2002 General Plan Noise Element, adopted 2002 Noise Ordinance, City of Atascadero, 2004 Flood Insurance Rate Map, community-panel number 06079C0834G PROJECT SOURCES: Project Description Site Improvement Plans, Grading Plan, Tree Protection Plan Architectural Plans Traffic Impact Study Biological Report 83 CITY OF ATASCADERO INITIAL STUDY 2016-0001 04/28/16 Page 42 part2 Attachment 10 Arborist Report See Attached 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 CITY OF ATASCADERO INITIAL STUDY 2016-0001 Attachment 11 Biological Report See Attached 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 Attachment 5: Draft Resolution PC 2016-B – VTSM / TRP Approval DRAFT RESOLUTION PC 2016-B RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING A SIX (6) LOT VESTING TENATIVE SUBDIVISION MAP (TTM 2015- 0109) AND TREE REMOVAL PERMIT 2015-0188 WITHIN THE RESIDENTIAL SINGLE-FAMILY (RSF-Y) ZONE AT APN 056-211-037, 038 (10075/10085 Atascadero Avenue / DA2 Development, LLC) WHEREAS, an application has been received from DA 2 Development, LLC (7650 Portola Road, Atascadero, CA 93422) Applicant and Owner, to consider a six (6) lot Vesting Tentative Subdivision Map (TTM 2015-0109) and Tree Removal Permit (TRP 2015-0188) for the removal of one (1) Coast Live Oak and one (1) Blue Oak tree totaling 12-inches DBH and up to 143-inches DBH of native tree removals associated with the development of six (6) single family lots; and, WHEREAS, the site’s General Plan Designation is Single Family Residential (SFR); and, WHEREAS, the site’s Zoning District is Residential Single Family (RSF-Y); and, WHEREAS, an application has been received to subdivide two (2) recorded lots totaling 6.6 acres into six (6) lots that meet the minimum lot size standard in the Residential Single Family (RSF-Y) zoning district; and, WHERAS, a Tree Removal Permit is required for the removal of any native tree four (4) inches DBH or greater; and, WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2016-0001 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on May 17, 2016 studied and considered the proposed Vesting Tentative Subdivision Map (TTM) 2015-0109 and proposed native tree removals (TRP 2015-0188) , after studying and considering the proposed Mitigated Negative Declaration prepared for the project, and 135 NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings of Approval for Vesting Tentative Subdivision Map The Planning Commission of the City of Atascadero finds as follows: 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan and the proposed Specific Plan. (Government Code§§ 66473.5 and 66474(a) and (b)) The proposed subdivision is consistent with the General Plan and applicable zoning requirements, as identified in the General Plan consistency analysis that was completed in this Staff Report, including five (5) major land use development policies pertaining to residential development within the City of Atascadero. 2. The site is physically suitable for the type of development. (Government Code§ 66474(c)). The proposed project is suitable for the type of proposed development. The site’s General Plan designation is Single family Residential (SFR) and contained a corresponding zoning designation of RSF-Y. The site is gently sloping in a predominately large lot single family residential neighborhood. Construction of single family residential homes is consistent with the type of use and density envisioned by the City’s General Plan. 3. The site is physically suitable for the proposed density of development. (Government Code § 66474(d)) The proposed density of the project is 1 unit per gross acre, which is consistent with the General Plan’s maximum density of 2.0 units per gross acre for this land use designation. 2nd units are permitted within this land use designation / zoning district and if all lots developed with 2nd units, the proposed development will not exceed the maximum allowed density per the City’s General Plan. The proposed subdivision meets the RSF-Y minimum lot size designation of one (1) gross acre per lot, there the proposed project is physical suitable for the proposed density of the project. 4. The design of the subdivision or the proposed improvements will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. (Government Code § 66474(e)) The proposed project’s Mitigated Negative Declaration evaluated potential impacts to fish, wildlife, and their habitat. A Biological assessment of the proposed project concluded that, with implementation of mitigation, the proposed project would result in a less than significant impact to special status plant and wildlife species and to native trees. Further, the proposed project would have no impact on wildlife corridors or waters of the US. 136 5. The design of the subdivision or the type of improvements will not ca use serious health problems. (Government Code § 66474(f)) The proposed project will not cause serious health problems as discussed in detail in Mitigated Negative Declaration. The site has been thoroughly investigated for the potential presence of hazards and hazardous materials and, with the incorporation of mitigation measures, development of the Project would not have the potential to create a significant hazard to the public or environment, which includes mitigation for temporary construction dust and noise, therefore the proposed subdivision will not cause serious health problems 6. The design of the subdivision will not conflict with easements for access through or use of property within the proposed subdivision. (Government Code § 66474(g)) The proposed project consists of a six (6) lot residential subdivision for the construction of six (6) single family homes and would not interfere with existing access or use easements on the site. The Project will provide for all appropriate access for public utilities. Further, the Project would provide for public access to the site via a new, City Standard, residential street that includes a cul-de-sac for emergency turn-arounds and safety. Accordingly, the design of the subdivision will not conflict with access through or use of the properties within the proposed subdivision. 7. The installation of public improvements are necessary prior to recordation of a Final Map in order to insure orderly development of the surrounding area (Government Code § 66411.1(b)(2). The vesting tentative subdivision map includes a variety of inter -related on-site and off-site improvement necessary to serve the build out of the six (6) lots created by the map. These improvements including grading and drainage of the proposed new street must be complete prior to the recordation of parcels in order to insure the orderly development of the surrounding area. SECTION 2. Findings for Approval of Tree Removal. The Planning Commission 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.  SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on May 17, 2016, approved Vesting Subdivision Map Tract 3085 (TTM 2015-0109) subject to the following: 137 1. EXHIBIT A: Conditions of Approval 2. EXHIBIT B: Vesting Tentative Subdivision Map 3085 3. EXHIBIT C: Grading Plan 4. EXHIBIT D: Utility Plan 5. EXHIBIT E: Building Envelopes 6. EXHIBIT F: Tree Mitigation Chart 138 On motion by Commissioner ______ and seconded by Commissioner _____ the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: (0) NOES: (0) ABSTAIN: (0) ABSENT: (0) ADOPTED: CITY OF ATASCADERO, CA ______________________________ Jan Wolff Planning Commission Chairperson Attest: ______________________________ Phill Dunsmore Planning Commission Secretary 139 Exhibit A: Conditions of Approval TTM 2015-0109 Vesting Tentative Subdivision Map Tract 3085 (El Mojon Court) Conditions of Approval El Mojon Court Subdivision PLN 2015-1563 / TTM 2015-0109 / TRP 2015-0188 10075 / 10085 Atascadero Avenue 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 and Building Services Conditions 1) The approval of this application shall become final and effective for the purposes of issuing building permits, provided the required conditions of approval have been satisfied, fourteen (14) days following the Planning Commission approval unless prior to the time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. On-Going PS 2) 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. On-going CA 3) Approval of this Tentative Parcel Map shall be valid for two years after its effective date. At the end of the period, the approval shall expire and become null and void unless an extension of time is granted pursuant to a written request received prior to the expiration date. On-going PS 4) An initial one (1) year extension may be granted through an extension of entitlement consistent with Atascadero Municipal Code section 9-2.117(a). All subsequent map extensions, as available consistent with the Subdivision Map Act, shall be made consistent with section 9-2.117 (b) and Title 11 of the Atascadero Municipal code. On-going PS 5) Consistent with the Subdivision Map Act, the approved Vesting Tentative Subdivision Map (TTM) was deemed completed on April 28, 2016. On-Going PS 6) The Community Development Department shall have the authority to approve minor changes to the project that (1) increase the square footage of the 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 Vesting Tentative Subdivision Map. BP PS 7) A final parcel map drawn in substantial conformance with the approved tentative map, and in compliance with all conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City’s Subdivision Ordinance. PM PS 8) All subsequent final maps, site work, construction permits, grading, and site improvements shall be consistent with Exhibit B through D. BP PS 9) Any proposed residential structures and driveways shall be located in the proposed building envelope as identified in Exhibit E. BP PS 140 Conditions of Approval El Mojon Court Subdivision PLN 2015-1563 / TTM 2015-0109 / TRP 2015-0188 10075 / 10085 Atascadero Avenue 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 10) A condition or note on the Final map shall include language referring back to project approvals and building envelopes as shown in exhibit E of the PC Resolution 2016-00XX. FM PS 11) A deed notification shall be recorded concurrently with the Final Map noticing future homeowners of adopted building envelopes consistent with PC Resolution 2016-00XX, Exhibit E. FM PS 12) A maintenance agreement shall be recorded at time of Final Map to clearly identify future maintenance roadway, common drainage areas, and any other shared facilities. An association is not required to be established; however, a mechanism for future funding of maintenance of shared improvements is required. FM PS 13) Consistent with the certified Mitigation Measures of certified Mitigated Negative Declaration 2016-0001, the southern end of the proposed project area shown in Figure 1 of the Biological Report shall be designated with a permanent open space easement that restricts the area from further development. This easement shall be recorded concurrently with the final map. FM PS 14) The applicant shall either pay $316.66 into the tree mitigation fund and/or replant six (6) five-gallon native trees on subject property or any combination thereof for removals of native trees in the proposed new roadway (El Mojon Court). Tree Removal / site improvement permit PS 15) Future property owners shall work with City Staff and project arborist to reduce the number of native trees removed as a part of individual lot development, to the extent feasible. BP PS 16) An arborist shall be retained at time of building permits to ensure native trees which are to remain on site are protected during construction of on- site improvements and each new building. BP PS Public Works Department Conditions 17) The Subdivider shall enter into a Plan Check/Inspection agreement with the City. FM CE/PS 18) The Subdivider shall be responsible for the relocation and/or alteration of existing utilities. FM CE 19) Upon approval by the City Engineer of the improvement plans, the Subdivider shall prepare a reproducible Mylar plan set for signature by the City, Atascadero Mutual Water Company and public utility companies. FM CE 20) The applicant shall provide an engineer’s estimate for all work shown on the subdivision improvement plans. FM/BP CE 21) Building plans will not be approved by the Public Works Department until the subdivision improvement plans are approved (Mylar plan set signed by BP CE 141 Conditions of Approval El Mojon Court Subdivision PLN 2015-1563 / TTM 2015-0109 / TRP 2015-0188 10075 / 10085 Atascadero Avenue 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 the City Engineer) and the Final Map is recorded. 22) Prior to the final inspections and approval of the subdivision improvements the applicant shall provide to the City Engineer record drawings, signed by the Engineer of Record. The record drawing submittal shall consist of the following:  One plan set of reproducible Mylar.  One set of prints of the approved record drawings.  One electronic file of the plan set (PDF file)  One electronic file of the plan set in AutoCAD. The AutoCAD file set shall be complete and ready to use and shall include all critical data files, 3D features, points, etc. FM CE 23) The location of the new street is located between and close to two (private) driveways and has the potential to create vehicular conflicts. Therefore, in an effort to combine points of access along Atascadero Ave, the Subdivider shall negotiate with the adjacent northerly property owner for the abandonment of the adjacent off-site driveway, to be replaced by a new driveway connection to the new street. If successful, the Subdivider shall reconstruct the existing driveway to connect to the new street. Should the Subdivider be unable come to an agreement with the adjacent property owner, the condition can be terminated provided the Subdivider submits documentation showing a reasonable effort of negotiations has been attempted, as determined by the City Engineer. BP CE/PS 24) 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 BP CE 25) Prior to the final inspection, the Subdivider 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, or, bonded for in conformance with the Subdivision Map Act. FM CE Final Map Conditions Tract 3085: 26) The Final Map shall show the 50-feet wide public right-of-way and offer of dedication BP CE 27) A Public Utility Easement (six feet wide) shall be dedicated on each new lot created and shall be located along and contiguous to the public right-of- way FM/BP CE 28) The Final Map shall list on the Certificate sheet, all documents to be recorded concurrently with the Final Map. FM/BP CE 29) If required by the City to show building setbacks, building envelopes, or list mitigations/conditions of approval, said information shall be shown on an FM/BP CE 142 Conditions of Approval El Mojon Court Subdivision PLN 2015-1563 / TTM 2015-0109 / TRP 2015-0188 10075 / 10085 Atascadero Avenue 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 additional information sheet. 30) The Final Map shall show all easements, public and private, unless provided as a separate instrument to be recorded concurrently with the Final Map, to the satisfaction of the City Engineer/City Surveyor FM/BP CE 31) Prior to recording the map, the Subdivider shall set monuments at all new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. FM/BP CE 32) Drainage easements shall be provided as needed to accommodate both public and private drainage facilities. FM/BP CE 33) A preliminary subdivision guarantee shall be submitted for review in conjunction with the processing of the Final Map. FM/BP CE 34) Prior to recording the map, the Subdivider shall have the map reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The Subdivider shall obtain a letter from each utility company indicating their ability to serve the subdivision and review and approval of the map and easements FM/BP CE On-Site / Off-Site Roadway Improvements 35) All public improvements shall be constructed in conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings and/or as directed by the City Engineer. FM/BP CE 36) The Subdivider shall design and construct the new street and cul-de-sac in accordance with City Standards and Specifications for a “Rural Local” road, to the satisfaction of the City Engineer. The new street shall not be split and shall be centered in the public right-of-way or as approved by the City Engineer. The Subdivider shall remove the existing Oak Tree from the new roadway. FM/BP CE 37) 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/BP CE 38) The Subdivider shall remove the existing utility pole and facilities from the new roadway. New or relocated utility poles shall be placed not closer than 10 feet from the edge of the road. Exceptions to this may be granted by the City Engineer on a case-by-case basis. BP CE 39) Street pavement shall be not less than 20 feet wide with 4-foot wide shoulders. Curb & gutter shall be installed to control drainage when the longitudinal roadway gradient exceeds 7 percent or the existing soils are easily erodible (as determined by the soils engineer). When curb & gutter are required for drainage, the shoulders shall be paved and the curb-curb width shall be 28 – 36 feet wide (28’ =parking on one side, 36’ =parking on BP CE 143 Conditions of Approval El Mojon Court Subdivision PLN 2015-1563 / TTM 2015-0109 / TRP 2015-0188 10075 / 10085 Atascadero Avenue 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 both sides). If parking is limited to one side only, “No Parking” signage and red curb shall be placed on the opposite side of the road, to the satisfaction of the City Engineer. 40) The cul-de-sac shall have a radius of 38 from center to edge of pavement (assuming curb/gutter is not required). BP CE 41) Curb & pavement returns at the intersection with Atascadero Ave shall have a radius of not less than 20 feet; larger radii may be required as determined by the City Engineer BP CE 42) The structural pavement section shall be based on a Traffic Index of 5.5. BP CE 43) Subdivision improvement plans shall be prepared by a registered civil engineer and submitted to the Public Works Department for review and approval. The plans shall be approved prior to building permit issuance BP CE 44) A 6-foot wide public utilities easement shall be dedicated along all street frontages, to the satisfaction of the City Engineer FM CE Stormwater / Post-Construction Water Quality 45) Discharges to the City storm water collection system are subject to review under the City’s MS4 permit and the requirements established by the Regional Water Quality Control Board for discharges to waters of the United States. The City storm water collection system includes, but is not limited to, creeks, streams, drainage channels, pipes, culverts, inlets and drainage structures, for the conveyance of storm water across public and private properties and rights-of-way. Illicit discharges shall not be approved and shall be eliminated where known to exist or identified. Certain non-storm water discharges may not be considered illicit where it can be shown that these waters are not contaminated. GP CE 46) A Storm Water Pollution Prevention Plan (SWPPP) is required prior to issuance of construction permits. General Construction Activity Storm Water Permit is required for all storm water discharges associated with a construction activity where clearing, grading or excavations result in land disturbance of five or more acres. Storm water discharges of less than five acres, but which is part of a larger common plan of development or sale, also require a permit. Permits are required until the construction is complete. To be covered by a General Construction Activity Permit, the owner(s) of land where construction activity occurs must submit a completed "Notice of Intent" (NOI) form, with the appropriate fee, to the State Regional Water Quality Control Board. GP CE 47) A detailed hydraulic analysis is required to be prepared by a registered civil engineer and submitted to the City Engineer for review. The analysis shall size storm water detention facilities based on the difference between a post-construction 50-yr storm event and a pre-development 2-yr storm event. The proposed development must mitigate any situation that increases flooding and erosion potential downstream of the subject GP CE 144 Conditions of Approval El Mojon Court Subdivision PLN 2015-1563 / TTM 2015-0109 / TRP 2015-0188 10075 / 10085 Atascadero Avenue 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 property. 48) Road drainage shall be conveyed to an adequate point of disposal and shall be in compliance with the Post-Construction Storm Water Management requirements mandated by the State of California per State Water Board Resolution No R3-2013-0032 (effective March 6, 2014). Drainage easements may be required to be offered to the City, as determined by the City Engineer GP CE 49) Improved, concentrated, or diverted storm water run-off shall not be directed across property lines unless conveyed in an existing waterway, or, where located within a drainage easement. Clarify how sheet flow will be induced, or provide the appropriate drainage improvements to the satisfaction of the City Engineer. GP CE 50) A Storm Water Control Plan (SWCP) shall be prepared and submitted with the subdivision improvement plans and shall show and document compliance with the 2014 Post Construction Stormwater Regulations as promulgated by the Regional Water Quality Control Board. The SWCP shall be prepared on the City’s form. GP CE 51) The Subdivider shall prepare an operations and maintenance plan for all Storm Water Control Measures (SCM) required for this project GP CE 52) The subdivision improvement plans shall include complete details, detail references and plan notes for the proposed SCM and improvements necessary to provide reasonable stormwater treatment. The plans may include but are not limited to infiltration, detention and settling, bio-filtration, filtration, and flow-through separation facilities. GP CE 53) Depending on the final area of impervious surface for the street, a maintenance agreement, signed by the property owner for annual inspection and maintenance of post-construction stormwater treatment facilities (including a detention basin if required) shall be submitted for review and approval by the City Engineer. The maintenance agreement (if required) shall be recorded concurrently with the Final Map and shall run with the land. GP CE 54) The development of each lot shall consider surface drainage systems that include bio-swales or sheet flow through planted areas rather than subsurface systems as a Best Management Practice (BMP) for post- development runoff where practicable GP CE Grading 55) Grading design shall be in substantial compliance with the Geotechnical Report prepared for this subdivision AND City regulations and policies GP CE 56) Subdivision improvement plans shall include an Erosion Control Plan GP CE 145 Conditions of Approval El Mojon Court Subdivision PLN 2015-1563 / TTM 2015-0109 / TRP 2015-0188 10075 / 10085 Atascadero Avenue 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 utilizing Best Management Practices (BMPs) to control erosion and minimize dust. 57) All disturbed surfaces steeper than four horizontal to one vertical (4:1) and areas used to convey concentrated drainage shall be prepared and maintained to control erosion by effective planting or other means approved by the City Engineer. Disturbed surfaces shall be planted with native species and shall provide an even distribution of new growth over approximately 70 percent of the disturbed surfaces prior to a final inspection of the subdivision improvements. GP CE Public Utilities 58) The Subdivider shall extend the Public Water System from Atascadero Ave to the end of the new street, to the satisfaction of the Atascadero Mutual Water Company (AMWC) and City Engineer. The new water main shall be capable of providing the required fire flow to serve the subdivision. GP CE 59) Domestic water service laterals and water meters shall be provided to each lot per AMWC standards and to the satisfaction of the City Engineer GP CE 60) Fire hydrants shall be located in accordance with AMWC Standards and Specifications and to the satisfaction of the Fire Marshall and City Engineer. GP CE 61) The Subdivider shall extend an 8” diameter public gravity sewer in the new street to the extent possible, in accordance with City Standards and Specifications and to the satisfaction of the City Engineer GP CE 62) The Subdivider shall install a gravity sewer lateral to serve each lot in the subdivision. Laterals shall be constructed in accordance with City Standards and shall extend to the new street right-of-way. Lots that are unable to gravity flow to the public sewer shall be required to install a low- pressure sewer ejector pump system at the time of lot development. The Subdivider shall provide a private sewer lateral easement beyond the limits of the public right-of-way over adjacent lots to the point of connection to the gravity sewer lateral dedicated to a specific lot GP CE 63) Each lot shall be served with individual services for water, sewer, power, gas, telephone and cable TV. All wire utilities within the subdivision and within each lot shall be placed underground. GP CE Mitigated Negative Declaration 2016-0001 – Mitigation Measures Mitigation Measure 1.d.1: All lighting shall be designed to eliminate any off site glare by including shielding mechanisms to prevent offsite light spillage and glare. Fixtures shall be shield cut-off type. BP PS 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 BP PS 146 Conditions of Approval El Mojon Court Subdivision PLN 2015-1563 / TTM 2015-0109 / TRP 2015-0188 10075 / 10085 Atascadero Avenue 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 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 Mitigation Measure 4.a.1: To ensure impacts to California legless lizards are avoided and minimized, development in areas of thick duff will be avoided. If these areas cannot be avoided, a qualified biologist shall conduct a preconstruction survey of highly suitable habitat. This survey will include lightly raking the upper soil layer and leaf litter to determine if legless lizards are present. If legless lizards are discovered, they will be moved by hand to areas that will not be impacted by development activities. BP / GP PS Mitigation Measure 4.a.2: A rare plant survey during the appropriate bloom period (May-July) is recommended to determine presence or absence of two sensitive plant species. If present, these species should be avoided during future development. If any plant species are listed under the California Endangered Species Act (CESA) or the federal Endangered Species Act (ESA), the appropriate resource agency shall be contacted for direction on how to proceed prior to disturbance on the property. Additionally, strands of deer grass shall be flagged for avoidance during this same botanical survey effort. BP / GP PS Mitigation Measure 4.b.c.1: The southern end of the proposed project area shown in Figure 1 of the Biological Report shall be designated with a permanent open space easement that restricts the area from further development. This easement shall be recorded concurrently with the final map. BP / GP PS Mitigation Measure 4.d.1: To protect nesting birds the Applicant should avoid vegetation clearing and earth disturbance during the typical nesting season (February 1 – September 15). If avoiding construction during this season is not feasible, a qualified biologist shall survey the area two days prior to activity beginning on the site. If nesting birds are located, they shall be avoided until they have successfully fledged or the nest has naturally failed. A buffer zone of 50 feet will be placed around all non-sensitive passerine bird species and 250 feet for all raptor species. Activity will remain outside of buffers until the applicant’s biologist has determined that the young have fledged or the nest is no longer active. If special status bird species are located, no work will begin until an appropriate buffer is determined by consultation with the City, the local CDFW biologist, and/or the USFWS. BP / GP PS 147 Conditions of Approval El Mojon Court Subdivision PLN 2015-1563 / TTM 2015-0109 / TRP 2015-0188 10075 / 10085 Atascadero Avenue 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 4.e.1: Grading and excavation and grading work shall be consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: 1. All existing trees outside of the limits of work shall remain. 2. Earthwork shall not exceed the limits of the project area. 3. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 4. Vehicles and stockpiled material shall be stored outside the drip line of all trees. 5. All trees within twenty feet of construction work shall be fenced for protection with 4-foot chain link, snow or safety fencing placed per the approved tree protection plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing shall remain in place until completion of all construction activities. 6. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. 7. Utilities such as water, gas, power, cable, storm drainage, and sewer should be redirected from under the canopy of any trees that are to remain. 8. Where a building is placed within the canopy of a tree the foundation should be redesigned so that it bridges across any root systems. 9. Any foundation or other structure that encroaches within the drip line of trees to be saved shall be dug by hand. 10. At no time shall tree roots be ripped with construction equipment. BP / GP PS Mitigation Measure 4.e.2: Tree protection fencing shall be installed at the locations called out in the Oak Tree Protection Plan. An inspection of the tree fencing shall be done by City staff or Arborist prior to issuance of building permits. All areas within the drip line of the trees that cannot be fenced shall receive a 4-6” layer of chip mulch to retain moisture, soil structure, and reduce the effects of soil compaction. BP / GP PS Mitigation Measure 4.e.3: An on-site meeting with the arborist, owner, and City Staff, is required to determine home design and layout that increases the preservation of native trees. BP / GP PS Mitigation Measure 4.e.4: A mandatory meeting between the arborist and grading/trenching contractor shall take place prior to work start. This activity shall be monitored by the arborists to insure proper root pruning is taking place. Any landscape architects and contractors involved shall not design any irrigation or other features within any drip line unless previously approved by the project arborists. BP / GP PS Mitigation Measure 4.e.5: All utilities shall remain outside the driplines of native trees, to the extent feasible. If roads exist between two trees, the utilities shall be routed down the middle of the road or completely hand dug. All t renches in these areas shall be exposed by air spade or hand dug with utilities routed under/over the roots. BP / GP PS Mitigation Measure 4.e.6: Soils within the drip line that have been compacted by heavy equipment and/or construction activities must be returned to their original state before all work is completed. Methods include adding specialized soil conditioners, water jetting, adding organic matter, and boring small holes with an auger (18” deep, 2-3’ apart with a 2-4” auger) and the application of moderate amounts of nitrogen fertilizer. BP / GP PS 148 Conditions of Approval El Mojon Court Subdivision PLN 2015-1563 / TTM 2015-0109 / TRP 2015-0188 10075 / 10085 Atascadero Avenue 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 4.e.7: Grading shall not encroach within the drip line unless approved by the project arborist. Grading should not disrupt the normal drainage pattern around the trees. Fills should not create a ponding condition and excavations should not leave the tree on a rapidly draining mound. BP / GP PS Mitigation Measure 4.e.8: Any exposed roots shall be re-covered the same day they were exposed. If they cannot, they must be covered with burlap or another suitable material and wetted down 2x per day until re-buried. BP / GP PS Mitigation Measure 4.e.9: Paving within the drop line consists of placing base material on existing grade. Any grade lowering removes important surface roots. Pavers can be used with limitations. The base material must be above natural grade and the curbing to retain the pavers shall not be trenched any deeper than six inches into the natural grade. BP / GP PS Mitigation Measure 4.e.10: No liquid or solid construction waste shall be dumped on the ground within the drop line of any native tree. The drip line areas are not for storage of materials either. Any violations shall be remedied through proper cleanup approved by the project arborist at the expense of the owner BP / GP PS Mitigation Measure 4.e.11: All native tree pruning shall be completed by a licensed and insured D49 tree trimming contractor that has a valid city business license. BP / GP PS Mitigation Measure 4.e.13: 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, the construction-related tree protection measures are no longer required for tree protection, and suggest additional fertilization, insecticide, fungicide, soil amendments, and mycorrhiza applications that will benefit tree health FO 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 grading permit application plans shall include erosion control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. BP / GP CE Mitigation Measure 6.b.2: All cut and fill slopes shall be hydro seeded with an appropriate erosion control method (erosion control blanket, hydro-mulch, or straw mulch appropriately anchored) immediately after completion of earthwork. All disturbed slopes shall have appropriate erosion control methods in place. The contractor will be responsible for the clean-up of any mud or debris that is tracked onto public streets by construction vehicles. BP / GP 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 placed prior to commencement of grading activities. BP / GP CE 149 Conditions of Approval El Mojon Court Subdivision PLN 2015-1563 / TTM 2015-0109 / TRP 2015-0188 10075 / 10085 Atascadero Avenue 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 This device shall be approved by the City Engineer. Mitigation Measure 6.c.1: Import soils used to raise site grade should be equal to or better than on-site soils in strength, expansion, and compressibility characteristics BP / GP CE Mitigation Measure 6.c.2: Post-construction care should include long-term drought tolerant landscaping and irrigation solutions that do not allow for frequent changes in soil moisture content or irregular application of water around the perimeter of the structures BP / GP CE Mitigation Measure 6.c.3: Unstable soils during grading to excessive subsurface moisture should be corrected by including aeration or the use of gravels and/or geotextiles as stabilizing measures BP / GP CE Mitigation Measure 8.h.1: 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 deemed appropriate by the fire marshal and chief building official. BP / GP BS Mitigation Measure 12.d.1: All construction activities shall comply with the City of Atascadero Noise Ordinance for weekday and weekend hours of operation of equipment (between 7 am and 9pm). BP / GP BS Mitigation Measure 16.a.b.1: Payment of Circulation System Fee (TIF) shall be made prior to the issuance of building permits for all residential and non- residential uses. Those traffic impact fees shall be collected consistent with California Government Code Section 66498.5. BP 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, utilize drip irrigation, and follow state drought tolerant landscaping standards. BP PS End Conditions 150 EXHIBIT B: Vesting Tentative Subdivision Map Tract 3085 PLN 2015-1563 / TTM 2015-0108 / TRP 2015-0188 151 EXHIBIT C: Preliminary Grading Plan – Tract 3085 PLN 2015-1563 / TTM 2015-0108 / TRP 2015-0188 152 EXHIBIT D: Utility Plan – Tract 3085 PLN 2015-1563 / TTM 2015-0108 / TRP 2015-0188 153 EXHIBIT E: Building Envelopes Exhibit – Tract 3085 PLN 2015-1563 / TTM 2015-0108 / TRP 2015-0188 154 EXHIBIT F: Tree Mitigation Chart PLN 2015-1563 / TTM 2015-0108 / TRP 2015-0188 For Roadway Construction Only – Individual Lots will be calculated as building permits are received 155 156