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Home My WebLink AboutPC_2017-04-18_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 SPECIAL MEETING Tuesday, April 18, 2017 6:00 P.M. (note time change) Historic City Hall Council Chambers 6500 Palma Avenue, 4th Floor Atascadero, California 93422 CALL TO ORDER Pledge of Allegiance Roll Call: Chairperson Duane Anderson Vice Chairperson Jerel Seay Commissioner Ryan Betz Commissioner Mark Dariz Commissioner Josh Donovan Commissioner Jan Wolff Commissioner Tom Zirk 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.) 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 MINUTES OF PLANNING COMMISSION MEETING ON MARCH 21, 2017 2. APPROVAL OF DRAFT MINUTES OF SPECIAL JOINT CITY COUNCIL AND PLANNING COMMISSION MEETING ON MARCH 30, 2017 City of Atascadero Planning Commission Agenda Special Meeting, April. 18, 2017 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 3. APPROVAL OF TIME EXTENSION FOR 4705-4713 EL CAMINO REAL TENTATIVE TRACT MAP (ACACIAS GROUP) PLANNING COMMISSION BUSINESS COMMUNITY DEVELOPMENT STAFF REPORTS 4. PLN 2017-1629, TREE REMOVAL PERMIT FOR 6910 LOMITAS Property Owner/Applicant: Ryan Swift, 2050 “B” Traffic Way, Atascadero, CA 93422 Certified Arborist: A&T Arborists, PO Box 1311, Templeton, CA 93465 Project Title: PLN 2017-1629 / TRP 2017-0211 Project Location: 6910 Lomitas, Atascadero, CA 93422 APN 050-341-006 (San Luis Obispo County) Project Description: The project consists of a request to remove two (2) valley oak trees totaling 46 inches in diameter for the construction of a proposed single-family residence and grading for future residence (building permit BLD 2016-14375). General Plan Designation: Rural Estates (RE) Zoning District: Residential Suburban (RS) Proposed Environmental Determination: The City of Atascadero prepared an Initial Study to determine if the proposed project would have a significant adverse effect on the environment. The Initial Study found that with mitigations, no significant adverse impact to the environment is expected. Consequently, Mitigated Negative Declaration 2017-0002 was prepared for the Project. The public review period for the project runs through April 20, 2017. Interested parties may send comments to the City staff listed below by this date. City Staff: Katie Banister, Assistant Planner, kbanister@atascadero.org, Phone: 470 -3480 Staff Recommendation: The Planning Commission adopt PC Resolution 2017-A approving Tree Removal Permit 2017-0211. City of Atascadero Planning Commission Agenda Special Meeting, April. 18, 2017 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 PUBLIC HEARINGS DISCLOSURE OF EX PARTE COMMUNICATIONS: Prior to a project hearing Planning Commission Members must disclose any communications they have had on any quasi-judicial agenda items. This includes, but is not limited to, Tentative Subdivision Maps, Parcel Maps, Variances, Conditional Use Permits, and Planned Development Permits. This does not disqualify the Planning Commission Member from participating and voting on the matter, but gives the public and applicant an opportunity to comment on the ex parte communication. (For each of the following items, the public will be given an opportunity to speak. After a staff report, the Chair will open the public hearing and invite the applicant or applicant’s representative to make any comments. Members of the public will be invited to provide testimony to the Commission following the applicant. Speakers should state their name for the record and can address the Commission for three minutes. After all public comments have been received, the public hearing will be closed, and the Commission will discuss the item and take appropriate action(s).) 5. PLN 2016-1621, CONDITIONAL USE PERMIT FOR WOODS HUMANE SOCIETY AT 2300 RAMONA ROAD COMMISSIONER COMMENTS AND REPORTS DIRECTOR’S REPORT ADJOURNMENT The next regular meeting will be on May 2, 2017 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. Property Owner: North County Humane Society, Action for Animal Rights, 2300 Ramona Road, Atascadero, CA 93422 Project Title: PLN 2016-1621 / CUP 2017-0309 Applicant: Woods Humane Society, 875 Oklahoma Ave., San Luis Obispo, CA 93401 Project Location: 2300 Ramona Road, Atascadero, CA 93422 (San Luis Obispo County) APN 049-141-043 Project Description: The applicant proposes to construct a modular office building to house a spay and neuter clinic for both cats and dogs. The Design Review Committee reviewed the appearance of the new structure and proposed site improvements including: paved driveways and parking area, storage shed, landscaping, signage, and screening at the rear of the property at their meeting on March 29, 2017. General Plan Designation: Public Zoning District: Public Proposed Environmental Determination: The project qualifies for a Class 3 exemption from the California Environmental Quality Act (CEQA): New Construction or Conversion of Small Structures (Section 15303) for construction of offices less than 2,500 square feet in floor area. City Staff: Katie Banister, Assistant Planner, kbanister@atascadero.org, Phone: 470-3480 Staff Recommendation: Staff recommends the Planning Commission adopt Resolution PC 2017 -A approving an amendment to Conditional Use Permit 2002-0056 to allow an animal hospital and modify standards for parking, landscaping, screening, and signage, based on findings and subject to conditions. City of Atascadero Planning Commission Agenda Special Meeting, April. 18, 2017 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 th ird 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 revie w 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 Commission regarding the matter being considered to step up to the lectern. If you wish to speak for, against or comment in any way: 1. You must approach the lectern and be recognized by the Chairperson. 2. Give your name (not required). 3. Make your statement. 4. All comments should be made to the Chairperson and Commission. 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present. 6. All comments limited to 3 minutes. If you wish to use a computer presentation to support your comments, you must notify the C ommunity Development Department at 470-3402 at least 24 hours prior to the meeting. Digital presentations brought to the meeting should be on a USB drive or CD. You are required to submit to the Recording Secretary a printed copy of your presentation for the record. Please check in with the Recording Secretary before the meeting begins to announce your presence and turn in the printed copy. The Chairperson will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Commission. PC Draft Minutes of 3/21/17 Page 1 of 4 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting – Tuesday, March 21, 2017 – 7:00 P.M. City Hall Council Chambers 6500 Palma Avenue, Atascadero, California CALL TO ORDER - 7:00 p.m. Chairperson Anderson called the meeting to order at 7:00 p.m. and Commissioner Wolff led the Pledge of Allegiance. ROLL CALL Present: Commissioners Betz, Dariz, Donovan, Wolff, Zirk, and Chairperson Anderson Absent: Vice Chairperson Seay (excused) Others Present: Recording Secretary, Annette Manier Staff Present: Community Development Director, Phil Dunsmore Assistant Planner, Katie Banister APPROVAL OF AGENDA MOTION: By Commissioner Zirk and seconded by Commissioner Dariz to approve the Agenda. Motion passed 6:0 by a roll-call vote. PUBLIC COMMENT None Chairperson Anderson closed the Public Comment period. CONSENT CALENDAR 1. APPROVAL OF DRAFT MINUTES OF FEBRUARY 7, 2017 ITEM NUMBER: 1 DATE: 4-18-17 PC Draft Minutes of 3/21/17 Page 2 of 4 MOTION: By Commissioner Dariz and seconded by Commissioner Wolff to approve the consent calendar. Motion passed 5:0 by a roll-call vote. (Anderson abstained) PLANNING COMMISSION BUSINESS None COMMUNITY DEVELOPMENT STAFF REPORTS None PUBLIC HEARINGS DISCLOSURE OF EX PARTE COMMUNICATIONS: Prior to a project hearing, Planning Commission Members must disclose any communications they have had on any quasi- judicial agenda items. This includes, but is not limited to, Tentative Subdivision Maps, Parcel Maps, Variances, Conditional Use Permits, and Planned Development Permits. This does not disqualify the Planning Commission Member from participating and voting on the matter, but gives the public and applicant an opportunity to comment on the ex parte communication. (For each of the following items, the public will be given an opportunity to speak. After a staff report, the Chair will open the public hearing and invite the applicant or applicant’s representative to make any comments. Members of the public will be inv ited to provide testimony to the Commission following the applicant. Speakers should state their name for the record and can address the Commission for three minutes. After all public comments have been received, the public hearing will be closed, and th e Commission will discuss the item and take appropriate action(s).) 2. PLN 2016-1622, OVERSIZED ACCESSORY STRUCTURE AT 7255 BALBOA Property Owner/Applicant: Jon & Amy Voorhies, 7255 Balboa, Atascadero, CA 93422 Project Title: PLN 2016-1622 / CUP 2016-0305 Project Location: 7255 Balboa, Atascadero, CA 93422 APN 050-141-008 (San Luis Obispo County) Project Description: The applicant proposes to construct a 1,650 square-foot oversized accessory structure attached to an existing accessory dwelling unit, which will be expanded to 778 square feet in size. The project will be constructed on an existing flat area; approximately 30 cubic yards of grading and no tree removals are proposed. General Plan Designation: RE Zoning District: RS Proposed Environmental Determination: The project is categorically exempt from the California Environmental Quality Act (Section 15303, CEQA Guidelines). City Staff: Katie Banister, Assistant Planner, kbanister@atascadero.org, Phone: 470-3480 Staff Recommendation: Staff recommends the Planning Commission adopt PC Resolution 2017-A approving the construction of a 1,650 square-foot accessory structure, based on findings and subject to conditions. PC Draft Minutes of 3/21/17 Page 3 of 4 EX PARTE COMMUNICATIONS: Commissioner Anderson drove by and viewed the property. Assistant Planner Banister gave the staff report and answered questions from the Commission. This structure does not need to be fire-sprinklered. Commissioner Betz inquired as to why minor projects such as this accessory structure need to come before the Planning Commission rather than have an Administrative Use Permit, which is a staff level decision. Community Development Director Dunsmore said that staff is looking at possibly streamlining the review of these minor projects (and tree removals) and this topic was also discussed at Strategic Planning. It will be a good discussion item in the future. PUBLIC COMMENT None Chairperson Anderson closed the Public Comment period. MOTION: By Commissioner Betz and seconded by Commissioner Donovan that the Planning Commission adopt PC Resolution 2017-A approving PLN 2016-1622/Conditional Use Permit 2016-0305 to allow a 1,650 square foot accessory structure to the second residence in the Residential Suburban (RS) zone based on findings and subject to conditions of approval. Motion passed 6:0 by a roll-call vote. COMMISSIONER COMMENTS AND REPORTS Commissioner Zirk announced that he met with Callie Taylor, Senior Planner about Eagle Ranch and received a good overview of the project. DIRECTOR’S REPORT Community Development Director Dunsmore gave an update on the Eagle Ranch Specific Plan and announced the dates for the Open House Events, and stated that the Commission and Council are allowed to attend. On March 30, 2017, there will be a public hearing where staff and the applicant will take comments on the Draft Environmental Impact Report. Once comments are collected, the public comment period will close on April 17, 2017, and then a Final EIR will be developed before the project moves forward to a public hearing. Community Development Director Dunsmore answered additional questions f rom the Commission in regards to Eagle Ranch. PC Draft Minutes of 3/21/17 Page 4 of 4 Community Development Director Dunsmore gave an update on the 120-room hotel north of Del Rio (Annex Hotel) which will come before the Commission for a height exception, La Plaza (new Conditional Use Permit), and the Proposition 64 outreach meetings. Community Development Director Dunsmore introduced the idea to change the Planning Commission’s meeting time from 7:00 p.m. to a different time. The 7:00 p.m. time is in the Atascadero Municipal Code; in order to change it on a permanent basis, the item must be on a future Agenda . The Commission discussed the idea and agreed to try the 6:00 p.m. time on a trial basis before changing it permanently. Community Development Director Dunsmore stated that the next Planning Commission meeting is scheduled for April 4, 2017; however, because there are no items scheduled at this time, the meeting may be cancelled. ADJOURNMENT – 7:42 p.m. The next regular meeting of the Planning Commission is scheduled for April 4, 2017, at 7:00 p.m. at City Hall, Council Chambers, 6500 Palma Avenue, Atascadero. MINUTES PREPARED BY: ____________________________ Annette Manier, Recording Secretary Administrative Assistant Atascadero Planning Commission Staff Report – Community Development Department Kelly Gleason, Senior Planner, 470-3446, kgleason@atascadero.org PLN 2099-0878 Vesting Tentative Tract Map Time Extension 4705-4713 El Camino Real (Acacias Development / JRW Group) SUBJECT: The consideration of a one-year time extension for Vesting Tentative Tract Map 2005- 0076 and CUP 2005-0170. RECOMMENDATION: Staff recommends Planning Commission adopt Resolution PC 2017-A, approving a one-year time extension of Vesting Tentative Tract Map 2005-0076 (Tract 2817) and CUP 2005-0170 in compliance with Sections 11-4.23(a) and 11-4.33(b) of the Subdivision Ordinance (Title 11). SITUATION AND FACTS: 1. Owner/Applicant: The Acacias Development, LLC 5906 Sacramento Ave., Alta Loma, CA 92503 2. Project Address: 4705-4713 El Camino Real, Atascadero, CA 93422 APN: 029-271-001 3. General Plan Designation: General Commercial (GC) 4. Zoning District: Commercial Retail (CR) 5. Site Area: 1.71 acres 6. Existing Use: Vacant 7. Environmental Status: Certified Mitigated Negative Declaration 2005-0063 ITEM NUMBER: 3 DATE: 4/18/17 DISCUSSION: Background: On February 14, 2006, an application for a Vesting Tentative Subdivision Map and associated Conditional Use Permit was approved by the City Council to build a mixed- use development consisting of commercial space on the lower floor and residential units on the upper floor. The proposed development i ncludes two multi-family residential buildings totaling 41 units and 8,000 square feet of commercial space on a 1.71 acre lot. The proposed site plan has been designed to meet the requirements of the Atascadero Municipal Code and the Appearance Review requirements of the General Plan. Based on project conditions related to the effective date of the associated planned development zone change, the project’s effective approval date was March 30, 2006. Per the Atascadero Municipal Code, the City can extend the life of the map for up to 3- years beyond the standard 24-month expiration date and any State granted automatic extensions. Analysis: The Subdivision Map Act mandates an initial two -year life and, by local ordinance, the City can extend initial life up to an additional 12 months. Additionally, the City may extend the time at which the map expires for a period or periods not to exceed a total of five years (these are discretionary extensions). The application for the extension must be filed prior to the expiration date. The Planning Commission has discretion on whether they want to extend the map, or they can defer the decision to the City Council. From 2008 to 2013, the State approved a number of automatic map extensions that extended the life of active maps. These extensions did not require any action by the City and extended Vesting Tentative Tract Map 2005-0076 until March 30, 2017. An application for a time extension was received on March 21, 2017 prior to the map expiration date. The Subdivision Map Act § 66456.2(e) grants a mandatory 60-day extension of the map to allow the City to take action on the time extension request. The City must act on the requested time extension application by May 28, 2017. The requested Time Extension would extend the Vesting Tentative Map until March 30, 2018. This is the final City extension that can be requested. The applicant will have one year in which to complete any required improvements and record the final map. Tentative Tract Map: A Vesting Tentative Tract Map was approved as part of the project consistent with the proposed Master Plan of Development and PD-27 Zone Change. Also included is a condominium map to allow individual ownership of the mixed-use residential units and commercial tenant spaces. The Tract Map was conditioned to meet all City standards including on-site and off-site street improvements. No additional conditions are recommended at this time. Time Extension Findings: The following are required findings that must be mad e by the Planning Commission to extend VTTM 2005-0076 (Tract 2817), consistent with Section 9-2.117 of the Atascadero Municipal Code. Finding #1 There have been no changes to the provisions of the General Plan or zoning regulations applicable to the project since the approval of the entitlement (AMC 9- 2.117(a)(1)); There have been no applicable changes to the General Plan or zoning regulations since the project was entitled in 2006. The project complies with provisions of the General Plan, Zoning Ordinance, and City Council Mixed-Use Development Policy. Finding #2 There have been no changes in the character of the site or its surroundings which affect how the standards of the General Plan or zoning regulations apply to the project (AMC 9-2.117(a)(2)). The site remains vacant. The surrounding properties have experienced no changes in use or density, therefore there have been no changes in the character or its surroundings which affect how the standards of the General Plan or zoning regulations apply to the project. In staff’s opinion the required findings may be made by the Planning Commission to extend the life of the Vesting Tentative Tract Map for one (1) year. Map History: Original Expiration: 24 months from approval date March 30, 2008 City Extension #1 (administrative): + 1-year 2009 SB 1185: + 1-year 2010 City Extension #2 (PC approval): +1-year 2011 AB 333: + 2-years 2013 AB 208: + 2-years 2015 SB 116: + 2-years 2017 Current Extension #3 (PC Approval): +1-year March 30, 2018 CONCLUSION: The City Council found the proposed subdivision map and Conditional Use Permit, as conditioned, are consistent with the 2002 General Plan and Zoning Ordinance and the lot configurations are consistent with the requirements of the Subdivision Ordinance. Staff recommends the Planning Commission approve the Time Extension as requested. ALTERNATIVES: 1. The Commission may approve the Time Extension subject to additional or revised project conditions. 2. The Commission may deny the Time Extension if it is found to be inconsistent with the General Plan or any of the other required findings. The Commission’s motion to deny must include a finding basis for denial. 3. The Commission may continue the hearing and refer the item back to staff for additional information or analysis. Direction should be given to staff and the applicant on required information. ATTACHMENTS: Attachment 1 - Location Map (General Plan & Zoning) Attachment 2 - TTM 2005-0076 Attachment 3 – Site Plan Attachment 4 - Conditions of Approval TTM 2005-0076 Attachment 5 - Conditions of Approval CUP 2005-0170 Attachment 6 - Draft Resolution 2017-A Zoning District: Commercial Retail (CR) Land Use Designation: General Commercial (GC) ATTACHMENT 1: Location Map (General Plan / Zoning) TTM 2005-0076 4705-4713 El Camino Real Proposed Project Site ATTACHMENT 2: TTM 2005-0076 (Condominium Map) 4705-4713 El Camino Real ATTACHMENT 3: Site Plan CUP 2005-0170 (Master Plan of Development) 4705-4713 El Camino Real ATTACHMENT 4: Conditions of Approval/Mitigation Monitoring Program TTM 2005-0076 Conditions of Approval / Mitigation Monitoring Program El Camino Court PD-27 Master Plan of Development Timing FM: Final Map BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure Planning Services 1. The approval of this zone change and use permit shall become final and effective following City Council approval. FM PS 2. The approval of this use permit shall become final and effective for the purposes of issuing building permits thirty (30) days following the City Council approval of ZCH 2005-0104 and ZCH 2005-0105 upon second reading, unless prior to that time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. FM PS 3. The Community Development Department shall have the authority to approve the following minor changes to the project that (1) modify the site plan project by less than 10%, (2) result in a superior site design or appearance, and/or (3) address a construction design issue that is not substantive to the Master Plan of Development. The Planning Commission shall have the final authority to approve any other changes to the Master Plan of Development and any associated Tentative Maps unless appealed to the City Council. BP / FM PS, CE 4. Approval of this Conditional Use Permit shall be valid for twelve (12) months after its effective date. At the end of the period, the approval shall expire and become null and void unless the project has received a building permit. BP / FM PS 5. The applicant shall defend, indemnify, and hold harmless the City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the subdivision Ongoing PS 6. All subsequent Tentative Map and construction permits shall be consistent with the Master Plan of Development contained herein. BP / FM PS, CE 7. All exterior elevations, finish materials and colors shall be consistent with the Master Plan of Development as shown in EXHIBIT B through K with the following modifications: All exterior material finishes (siding, trim, doors, windows, light fixtures, garage doors) shall be durable, high quality, and consistent with the architectural appearance. Side and rear residential elevations shall match the color, architectural detail, materials, window and door detail, roof eaves, trellis elements, balconettes, iron accents, and shutter accent elements of the proposed front elevations, as conditioned. Decorative iron accents as shown on the proposed elevations shall be of architectural quality. BP PS Conditions of Approval / Mitigation Monitoring Program El Camino Court PD-27 Master Plan of Development Timing FM: Final Map BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure Pre-cast architectural ornaments from manufactured stone or similar shall be placed in front building elevation A and B roof gable area of as identified on Building Exhibit D, subject to staff approval. Vinyl frame windows and grids shall be taupe or beige in color, subject to staff approval. All trash storage, recycle storage, and air conditioning units shall be screened from view behind architecturally compatible or landscaped enclosures. Any proposed exterior street, pedestrian, or building mounted light fi xtures shall be of architectural grade and design and shall be compliment the architectural style, subject to staff approval. As proposed by the applicant, stucco siding shall be smooth troweled on buildings A and B (front buildings along El Camino Real), and may be smooth sand finish or similar finish on Buildings C and D (rear buildings). Tile roofs shall be architectural grade per Exhibit K. 8. Metal car port structures shall be of simple high-quality design and material and be of color(s) to match or compliment the proposed on-site building body colors, subject to staff approval. BP PS, BS 9. All site work, grading, and site improvements shall be consistent with the Master Plan of Development as shown in EXHIBIT B though I. BP/FM PS, BS, CE 10. A final landscape and irrigation plan shall be approved prior to the issuance of building permits and included as part of site improvement plan consistent with EXHIBIT C, and as follows:  All exterior meters, air conditioning units and mechanical equipment shall be screened with landscape material.  All areas shown on the landscape plan shall be landscaped by the developer prior to the final of any single building permit on-site.  London Plane street trees shall be provided along El Camino Real at a maximum spacing of 30 feet on center per Exhibit C.  Proposed landscape plant materials shall include the primary use of native and drought-resistant trees, shrubs and groundcovers, subject to staff approval.  Street and open space trees shall be minimum 15-gallon size and double staked.  Increase the tree planting in areas adjacent to single-family residential along the northern portion of the project site to create a visual landscape screen between the properties.  In order to meet the 25% landscape code requirement, the proposed decorative paving entry shall be applied on-site in the following areas: At the project entry of El Camino Real to the central open space parking area; and at the two “crosswalk” areas within the parking lots. Decorative pavement location, color and style are subject to staff approval. BP PS, BS Conditions of Approval / Mitigation Monitoring Program El Camino Court PD-27 Master Plan of Development Timing FM: Final Map BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure 11. All project fencing shall be installed consistent with EXHIBIT B and C subject to the following modifications:  A solid masonry wall of not less than six (6) feet in height shall be placed and maintained on interior lot lines abutting property zoned for single family residential use. Colors and materials of walls and any other fencing shall be of architectural quality and match or compliment proposed buildings, subject to staff approval. GP/BP PS 12. Final selection of colors and materials identified in EXHIBIT I shall be subject to staff approval. GP/BP PS 13. Affordable Housing Requirement: The applicant shall deed restrict the following minimum residential units for 45 years, prior to or concurrently with the final map, as follows:  6 units at the low-income rate. All units shall be distributed throughout the project, subject to staff approval. GP/BP PS, CA 14. Workforce Housing: Prior to recordation of final map, the applicant shall enter into a legal agreement with the City to reserve ½ of the units for sale to residents or workers within the City of Atascadero, including the affordable units. The agreement shall include the following provisions:  The units shall be offered for sale to residents or workers within the City of Atascadero for a minimum of 60-days. During this time period offers may only be accepted from Atascadero residents or workers;  The applicant shall provide reasonable proof to the City that at least one of the qualified buyers is a resident or worker within the City Limits of Atascadero;  The Atascadero resident or worker restriction shall apply to the initial sale only;  The applicant shall identify which units will be reserved; and The City Attorney shall approve the final form of the agreement. BP PS, CA 15. Any future development signage shall be architecturally compatible with the proposed buildings. All future signage shall be subject to the review and approval of planning staff. No signage shall be placed above the first floor roofline. No signage shall be permitted facing the proposed residential uses. BP PS 16. An accurate Tree Protection Plan shall be prepared for encroachment within the drip line of native trees located on or adjacent to the subject parcel. The applicant will contract with a certified arborist to monitor all activity within the drip lines of existing native oak trees. GP/BP PS 17. The emergency services and facility maintenance costs listed below shall be 100% funded by the project in perpetuity. The service and BP PS Conditions of Approval / Mitigation Monitoring Program El Camino Court PD-27 Master Plan of Development Timing FM: Final Map BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure maintenance costs shall be funded through a community facilities district established by the City at the developer's cost. The funding mechanism must be in place prior to or concurrently with acceptance of the final maps. The funding mechanism shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any final map. The administration of the above mentioned funds shall be by the City. Developer agrees to participate in the community facilities district and to take all steps reasonably required by the City with regard to the establishment of the district and assessment of the property.  All Atascadero Police Department service costs to the project.  All Atascadero Fire Department service costs to the project.  Off-site common City of Atascadero park facilities maintenance service costs related to the project. 18. All tract maintenance costs listed below shall be 100% funded by the project in perpetuity. The service and maintenance cost shall be funded through a Home Owners Association established by the developer subject to City approval. The Home Owners Association must be in place prior to, or concurrently with acceptance of any final maps. The Home Owners Association shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any Final Map. The administration of the above mentioned funds, and the coordination and performance of maintenance activities, shall be the responsibility of the Home Owners Association. a) All streets, bridges, sidewalks, streetlights, street signs, roads, emergency access roads, emergency access gates, and sewer mains within the project. b) All parks, trails, recreational facilities and like facilities. c) All open space and native tree preservation areas. d) All drainage facilities and detention basins. e) All common landscaping areas, street trees, medians, parkway planters, manufactured slopes outside private yards, and other similar facilities. f) All frontage landscaping and sidewalks along arterial streets BP PS 19. Prior to final map, the applicant shall submit CC&Rs for review and approval by the Community Development Department. The CC&R’s shall record with the Final Map and shall include the following: a) Provisions for maintenance of all common areas including access, parking, street trees, fencing and landscaping. b) A detailed list of each individual homeowner’s responsibilities for maintenance of the individual units. BP PS, BS Conditions of Approval / Mitigation Monitoring Program El Camino Court PD-27 Master Plan of Development Timing FM: Final Map BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure c) Individual unit’s responsibility for keeping all trash receptacles within the unit’s designated area. d) A provision for review and approval by the City Community Development Department for any changes to the CC&R’s that relate to the above requirements prior to the changes being recorded or taking effect. 20. Approval of this permit shall include the removal of 3 Native Oak Trees, totaling 74 inches dbh. The applicant shall be required to pay mitigation fees or provide replantings on-site per the requirements of the Atascadero Native Tree Ordinance. Any additional removals shall be subject to Planning Commission approval. BP PS, BS 21. Sit down eating and drinking establishments, restaurants, and similar uses of high parking demand not listed in the permitted or conditionally permitted uses of PD-27 may not be permitted on the project site per the project shared parking program. Ongoing PS 22. The mixed-use (residential/commercial) buildings shall be constructed before or simultaneously with the residential portion. Buildings with commercial use shall be permitted first and the first permit to be finaled in the project shall be these mixed-use building permit(s). BP PS, BS 23. Shared parking program shall be managed by an on-site manager. On- site parking shall identify a minimum of one full-size covered parking space for each residential unit. Shared parking spaces shall be located adjacent to Buildings A and B (Mixed-Use Buildings) and shall be available for commercial space use and residential guests. Parking signage shall be placed on-site directing visitors and commercial use patrons to the appropriate parking space locations. BP PS, BS City Engineer PROJECT SPECIFIC CONDITIONS Drainage: 24. The applicant shall provide on-site storm water detention in accordance with City Engineering Standards. Plans and supporting calculations will be reviewed at the time of grading permit application submittal. BP, GP CE Public Improvements and Maintenance: 25. The project shall pay Development Impact Fee per the Circulation System of Atascadero. These fees based on the City Development Impact Fee Schedule and shall be paid prior to any building permit issued on the property. BP, GP CE 26. Full frontage improvements shall be required on El Camino Real. Improvements shall match those on either side of the project to provide for a smooth curb, gutter, and sidewalk alignment. BP, GP CE Conditions of Approval / Mitigation Monitoring Program El Camino Court PD-27 Master Plan of Development Timing FM: Final Map BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure 27. The applicant must provide for the repair and maintenance of on-site shared improvements. This includes roads, sidewalks, street trees, streetlights, private sewer system, drainage facilities, recreation areas and common landscaping. The two methods that may be used are: a. Homeowners Association. This private organization would be responsible for the maintenance, repair and replacement of the facilities. b. Assessment District and Landscape and Lighting District. Funds for the maintenance, repair and replacement of the facilities would be collected on the property tax bill and distributed to the City. The City Engineer and City Attorney shall approve the final form prior to recordation. FM CE Sanitary Sewer: 28. All onsite sewer mains shall be privately owned and maintained. BP, GP WW 29. Prior to recording the final map, provisions for the repair and maintenance of the private SS shall be included in the CC&R’s for this tract. Included shall be a mechanism to maintain the private sewer and structures, such as a homeowners association. The City Engineer and City Attorney shall approve the final form prior to recordation. BP, GP WW 30. Applicant shall pay sewer extension (Annexation), Connection and Reimbursement fees (if applicable) upon issuance of building permit. BP, GP WW 31. Gravity mains within the subdivision shall be sized according to City Standards. BP, GP WW 32. Drainage piping serving fixtures which have flood level rims located below the elevation of the next upstream manhole cover of the public or private sewer serving such drainage piping shall be protected from backflow of sewage by installing an approved type backwater valve. Fixtures above such elevation shall not discharge through the backwater valve BP WW 33. All sanitary sewer (SS) mains shall terminate in manholes unless extension of the main, at some later date, is anticipated. If extension of a SS main is anticipated, said SS main may terminate in a cleanout providing the next downstream manhole is less than 300 linear feet from the cleanout and that the point of termination is not a reasonable location for a SS main angle point or intersection BP WW STANDARD CONDITIONS 34. In the event that the applicant is allowed to bond for the public improvements required as a condition of this map, the applicant shall BP, GP CE Conditions of Approval / Mitigation Monitoring Program El Camino Court PD-27 Master Plan of Development Timing FM: Final Map BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure enter into a Subdivision Improvement Agreement with the City Council. 35. An engineer’s estimate of probable cost shall be submitted for review and approval by the City Engineer to determine the amount of the bond. FM CE 36. The Subdivision Improvement Agreement shall record concurrently with the Final Map. FM CE 37. All public improvements shall be constructed in conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. BP CE 38. The applicant shall enter into a Plan Check/Inspection agreement with the City. BP, GP CE 39. The applicant shall be responsible for the relocation and/or alteration of existing utilities. BP, GP CE 40. The applicant shall install all new utilities (water, gas, electric, cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. FM CE 41. The applicant shall monument all property corners for construction control and shall promptly replace them if disturbed. BP, GP CE 42. The Subdivision Improvement Agreement shall record concurrently with the Final Map All public improvements shall be constructed in conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer The applicant shall enter into a Plan Check/Inspection agreement with the City The applicant shall be responsible for the relocation and/or alteration of existing utilities The applicant shall install all new utilities (water, gas, electric, cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement The applicant shall monument all property corners for construction control and shall promptly replace them if disturbed. FM CE 43. A preliminary subdivision guarantee shall be submitted for review in conjunction with the processing of the parcel map. FM CE 44. All existing and proposed utility, pipeline, open space, or other easements are to be shown on the parcel map. If there are building or other restrictions related to the easements, they shall be noted on the parcel map. The applicant shall show all access restrictions on the parcel map. FM CE 45. Prior to recording the tract map, the applicant’s surveyor shall set monuments at all new property corners or shall indicate, by certificate on the final 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 FM CE Conditions of Approval / Mitigation Monitoring Program El Camino Court PD-27 Master Plan of Development Timing FM: Final Map BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure retraced. 46. Prior to recording the tract map, the applicant shall have the map reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company, which indicates their review of the map. The letter shall identify any new easements, which may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the parcel map. FM CE 47. Upon recording the final map, the applicant shall provide the City with a black line clear Mylar (0.4 mil) copy and a blue line print of the recorded map. FM CE 48. 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 ATTACHMENT 5: Conditions of Approval/ Mitigation Monitoring CUP 2005-0170 Conditions of Approval / Mitigation Monitoring Program El Camino Court PD-27 Master Plan of Development Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure Planning Services 1. The approval of this zone change and use permit shall become final and effective following City Council approval. FM PS 2. The approval of this use permit shall become final and effective for the purposes of issuing building permits thirty (30) days following the City Council approval of ZCH 2005-0104 and ZCH 2005-0105 upon second reading, unless prior to that time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. FM PS 3. The Community Development Department shall have the authority to approve the following minor changes to the project that (1) modify the site plan project by less than 10%, (2) result in a superior site design or appearance, and/or (3) address a construction design issue that is not substantive to the Master Plan of Development. The Planning Commission shall have the final authority to approve any other changes to the Master Plan of Development and any associated Tentative Maps unless appealed to the City Council. BP / FM PS, CE 4. Approval of this Conditional Use Permit shall be valid for twelve (12) months after its effective date. At the end of the period, the approval shall expire and become null and void unless the project has received a building permit. BP / FM PS 5. The applicant shall defend, indemnify, and hold harmless the City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the subdivision Ongoing PS 6. All subsequent Tentative Map and construction permits shall be consistent with the Master Plan of Development contained herein. BP / FM PS, CE 7. All exterior elevations, finish materials and colors shall be consistent with the Master Plan of Development as shown in EXHIBIT B through K with the following modifications: All exterior material finishes (siding, trim, doors, windows, light fixtures, garage doors) shall be durable, high quality, and consistent with the architectural appearance. Side and rear residential elevations shall match the color, architectural detail, materials, window and door detail, roof eaves, trellis elements, balconettes, iron accents, and shutter accent elements of the proposed front elevations, as conditioned. Decorative iron accents as shown on the proposed elevations shall be of architectural quality. Pre-cast architectural ornaments from manufactured stone or similar shall be placed in front building elevation A and B roof gable area of as identified BP PS Conditions of Approval / Mitigation Monitoring Program El Camino Court PD-27 Master Plan of Development 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 on Building Exhibit D, subject to staff approval. Vinyl frame windows and grids shall be taupe or beige in color, subject to staff approval. All trash storage, recycle storage, and air conditioning units shall be screened from view behind architecturally compatible or landscaped enclosures. Any proposed exterior street, pedestrian, or building mounted light fixtures shall be of architectural grade and design and shall be compliment the architectural style, subject to staff approval. As proposed by the applicant, stucco siding shall be smooth troweled on buildings A and B (front buildings along El Camino Real), and may be smooth sand finish or similar finish on Buildings C and D (rear buildings). Tile roofs shall be architectural grade per Exhibit K. 8. Metal car port structures shall be of simple high-quality design and material and be of color(s) to match or compliment the proposed on-site building body colors, subject to staff approval. BP PS, BS 9. All site work, grading, and site improvements shall be consistent with the Master Plan of Development as shown in EXHIBIT B though I. BP/FM PS, BS, CE 10. A final landscape and irrigation plan shall be approved prior to the issuance of building permits and included as part of site improvement plan consistent with EXHIBIT C, and as follows:  All exterior meters, air conditioning units and mechanical equipment shall be screened with landscape material.  All areas shown on the landscape plan shall be landscaped by the developer prior to the final of any single building permit on-site.  London Plane street trees shall be provided along El Camino Real at a maximum spacing of 30 feet on center per Exhibit C.  Proposed landscape plant materials shall include the primary use of native and drought-resistant trees, shrubs and groundcovers, subject to staff approval.  Street and open space trees shall be minimum 15-gallon size and double staked.  Increase the tree planting in areas adjacent to single-family residential along the northern portion of the project site to create a visual landscape screen between the properties.  In order to meet the 25% landscape code requirement, the proposed decorative paving entry shall be applied on-site in the following areas: At the project entry of El Camino Real to the central open space parking area; and at the two “crosswalk” areas within the parking lots. Decorative pavement location, color and style are subject to staff approval. BP PS, BS Conditions of Approval / Mitigation Monitoring Program El Camino Court PD-27 Master Plan of Development 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 11. All project fencing shall be installed consistent with EXHIBIT B and C subject to the following modifications:  A solid masonry wall of not less than six (6) feet in height shall be placed and maintained on interior lot lines abutting property zoned for single family residential use. Colors and materials of walls and any other fencing shall be of architectural quality and match or compliment proposed buildings, subject to staff approval. GP/BP PS 12. Final selection of colors and materials identified in EXHIBIT I shall be subject to staff approval. GP/BP PS 13. Affordable Housing Requirement: The applicant shall deed restrict the following minimum for-sale residential units for 45 years and for-rent residential units for 55 years, and prior to or concurrently with the final map, as follows:  6 units at the low-income rate. All units shall be distributed throughout the project, subject to staff approval. GP/BP PS, CA 14. Workforce Housing: Prior to recordation of final map, the applicant shall enter into a legal agreement with the City to reserve ½ of the units for sale to residents or workers within the City of Atascadero, including the affordable units. The agreement shall include the following provisions:  The units shall be offered for sale to residents or workers within the City of Atascadero for a minimum of 60-days. During this time period offers may only be accepted from Atascadero residents or workers;  The applicant shall provide reasonable proof to the City that at least one of the qualified buyers is a resident or worker within the City Limits of Atascadero;  The Atascadero resident or worker restriction shall apply to the initial sale only;  The applicant shall identify which units will be reserved; and The City Attorney shall approve the final form of the agreement. BP PS, CA 15. Any future development signage shall be architecturally compatible with the proposed buildings. All future signage shall be subject to the review and approval of planning staff. No signage shall be placed above the first floor roofline. No signage shall be permitted facing the proposed residential uses. BP PS 16. An accurate Tree Protection Plan shall be prepared for encroachment within the drip line of native trees located on or adjacent to the subject parcel. The applicant will contract with a certified arborist to monitor all activity within the drip lines of existing native oak trees. GP/BP PS Conditions of Approval / Mitigation Monitoring Program El Camino Court PD-27 Master Plan of Development 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 17. The emergency services and facility maintenance costs listed below shall be 100% funded by the project in perpetuity. The service and maintenance costs shall be funded through a community facilities district established by the City at the developer's cost. The funding mechanism must be in place prior to or concurrently with acceptance of the final maps. The funding mechanism shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any final map. The administration of the above mentioned funds shall be by the City. Developer agrees to participate in the community facilities district and to take all steps reasonably required by the City with regard to the establishment of the district and assessment of the property.  All Atascadero Police Department service costs to the project.  All Atascadero Fire Department service costs to the project.  Off-site common City of Atascadero park facilities maintenance service costs related to the project. BP PS 18. All tract maintenance costs listed below shall be 100% funded by the project in perpetuity. The service and maintenance cost shall be funded through a Home Owners Association established by the developer subject to City approval. The Home Owners Association must be in place prior to, or concurrently with acceptance of any final maps. The Home Owners Association shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any Final Map. The administration of the above mentioned funds, and the coordination and performance of maintenance activities, shall be the responsibility of the Home Owners Association. g) All streets, bridges, sidewalks, streetlights, street signs, roads, emergency access roads, emergency access gates, and sewer mains within the project. h) All parks, trails, recreational facilities and like facilities. i) All open space and native tree preservation areas. j) All drainage facilities and detention basins. k) All common landscaping areas, street trees, medians, parkway planters, manufactured slopes outside private yards, and other similar facilities. l) All frontage landscaping and sidewalks along arterial streets BP PS 19. Prior to final map, the applicant shall submit CC&Rs for review and approval by the Community Development Department. The CC&R’s shall record with the Final Map and shall include the following: i. Provisions for maintenance of all common areas including access, parking, street trees, fencing and landscaping. ii. A detailed list of each individual homeowner’s responsibilities for BP PS, BS Conditions of Approval / Mitigation Monitoring Program El Camino Court PD-27 Master Plan of Development 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 maintenance of the individual units. iii. Individual unit’s responsibility for keeping all trash receptacles within the unit’s designated area. iv. A provision for review and approval by the City Community Development Department for any changes to the CC&R’s that relate to the above requirements prior to the changes being recorded or taking effect. 20. Approval of this permit shall include the removal of 3 Native Oak Trees, totaling 74 inches dbh. The applicant shall be required to pay mitigation fees or provide replantings on-site per the requirements of the Atascadero Native Tree Ordinance. Any additional removals shall be subject to Planning Commission approval. BP PS, BS 21. Sit down eating and drinking establishments, restaurants, and similar uses of high parking demand not listed in the permitted or conditionally permitted uses of PD-27 may not be permitted on the project site per the project shared parking program. Ongoing PS 22. The mixed-use (residential/commercial) buildings shall be constructed before or simultaneously with the residential portion. Buildings with commercial use shall be permitted first and the first permit to be finaled in the project shall be these mixed-use building permit(s). BP PS, BS 23. Shared parking program shall be managed by an on-site manager. On- site parking shall identify a minimum of one full-size covered parking space for each residential unit. Shared parking spaces shall be located adjacent to Buildings A and B (Mixed-Use Buildings) and shall be available for commercial space use and residential guests. Parking signage shall be placed on-site directing visitors and commercial use patrons to the appropriate parking space locations. BP PS, BS City Engineer PROJECT SPECIFIC CONDITIONS Drainage: 24. The applicant shall provide on-site storm water detention in accordance with City Engineering Standards. Plans and supporting calculations will be reviewed at the time of grading permit application submittal. BP, GP CE Public Improvements and Maintenance: 25. The project shall pay Development Impact Fee per the Circulation System of Atascadero. These fees based on the City Development Impact Fee Schedule and shall be paid prior to any building permit issued on the property. BP, GP CE Conditions of Approval / Mitigation Monitoring Program El Camino Court PD-27 Master Plan of Development 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 26. Full frontage improvements shall be required on El Camino Real. Improvements shall match those on either side of the project to provide for a smooth curb, gutter, and sidewalk alignment. BP, GP CE 27. The applicant must provide for the repair and maintenance of on-site shared improvements. This includes roads, sidewalks, street trees, streetlights, private sewer system, drainage facilities, recreation areas and common landscaping. The two methods that may be used are: a. Homeowners Association. This private organization would be responsible for the maintenance, repair and replacement of the facilities. b. Assessment District and Landscape and Lighting District. Funds for the maintenance, repair and replacement of the facilities would be collected on the property tax bill and distributed to the City. The City Engineer and City Attorney shall approve the final form prior to recordation. FM CE Sanitary Sewer: 28. All onsite sewer mains shall be privately owned and maintained. BP, GP WW 29. Prior to recording the final map, provisions for the repair and maintenance of the private SS shall be included in the CC&R’s for this tract. Included shall be a mechanism to maintain the private sewer and structures, such as a homeowners association. The City Engineer and City Attorney shall approve the final form prior to recordation. BP, GP WW 30. Applicant shall pay sewer extension (Annexation), Connection and Reimbursement fees (if applicable) upon issuance of building permit. BP, GP WW 31. Gravity mains within the subdivision shall be sized according to City Standards. BP, GP WW 32. Drainage piping serving fixtures which have flood level rims located below the elevation of the next upstream manhole cover of the public or private sewer serving such drainage piping shall be protected from backflow of sewage by installing an approved type backwater valve. Fixtures above such elevation shall not discharge through the backwater valve BP WW 33. All sanitary sewer (SS) mains shall terminate in manholes unless extension of the main, at some later date, is anticipated. If extension of a SS main is anticipated, said SS main may terminate in a cleanout providing the next downstream manhole is less than 300 linear feet from the cleanout and that the point of termination is not a reasonable location for a SS main angle point or intersection BP WW Conditions of Approval / Mitigation Monitoring Program El Camino Court PD-27 Master Plan of Development 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 STANDARD CONDITIONS 34. In the event that the applicant is allowed to bond for the public improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. BP, GP CE 35. An engineer’s estimate of probable cost shall be submitted for review and approval by the City Engineer to determine the amount of the bond. FM CE 36. The Subdivision Improvement Agreement shall record concurrently with the Final Map. FM CE 37. All public improvements shall be constructed in conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. BP CE 38. The applicant shall enter into a Plan Check/Inspection agreement with the City. BP, GP CE 39. The applicant shall be responsible for the relocation and/or alteration of existing utilities. BP, GP CE 40. The applicant shall install all new utilities (water, gas, electric, cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. FM CE 41. The applicant shall monument all property corners for construction control and shall promptly replace them if disturbed. BP, GP CE 42. The Subdivision Improvement Agreement shall record concurrently with the Final Map All public improvements shall be constructed in conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer The applicant shall enter into a Plan Check/Inspection agreement with the City The applicant shall be responsible for the relocation and/or alteration of existing utilities The applicant shall install all new utilities (water, gas, electric, cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement The applicant shall monument all property corners for construction control and shall promptly replace them if disturbed. FM CE 43. A preliminary subdivision guarantee shall be submitted for review in conjunction with the processing of the parcel map. FM CE 44. All existing and proposed utility, pipeline, open space, or other easements are to be shown on the parcel map. If there are building or other restrictions related to the easements, they shall be noted on the parcel map. The applicant shall show all access restrictions on the parcel map. FM CE Conditions of Approval / Mitigation Monitoring Program El Camino Court PD-27 Master Plan of Development 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 45. Prior to recording the tract map, the applicant’s surveyor shall set monuments at all new property corners or shall indicate, by certificate on the final map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. FM CE 46. Prior to recording the tract map, the applicant shall have the map reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company, which indicates their review of the map. The letter shall identify any new easements, which may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the parcel map. FM CE 47. Upon recording the final map, the applicant shall provide the City with a black line clear Mylar (0.4 mil) copy and a blue line print of the recorded map. FM CE 48. 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 Mitigation Measures Exhibit A Mitigation Monitoring Program El Camino Court - General Plan Amendment 2005-0015 / Zone Change 2005- 0104 / Zone Change 2005-0105/ Conditional Use Permit 2005-0170/ TTM 2005-0076 4705, 4711, 4713 El Camino Real Timing GP: Grading Permit BP: Building Permit TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure Mitigation Measure 1.c.1: The following landscape mitigations shall apply:  Fencing shall be complimentary in color and material to the proposed architectural theme.  The project landscaping shall include street trees along El Camino Real street frontage.  All proposed trees shall be shade trees of 15-gallon minimum size and shall be double staked. BP BS, PS, CE 1.c.1 Mitigation Measure 1.c.2: The proposed buildings shall include the use of earth tone paint and roof colors. BP BS, PS, CE 1.c.2 Conditions of Approval / Mitigation Monitoring Program El Camino Court PD-27 Master Plan of Development Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure Mitigation Measure 1.d.1: If exterior parking lot lighting is proposed, it shall be designed to eliminate any off site glare. All exterior site lights shall utilize full cut-off, “hooded” lighting fixtures to prevent offsite light spillage and glare. Any luminary pole height shall not exceed 14-feet in height, limit intensity to 2.0 foot candles at ingress/egress, and otherwise 0.6 foot candle minimum to 1.0 maximum within the site. Fixtures shall be shield cut-off type and compatible with neighborhood setting, subject to staff approval. BP BS, PS, CE 1.d.1 Mitigation Measure 3.b.1: The project shall be conditioned to comply with all applicable District regulations pertaining to the control of fugitive dust (PM- 10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. Section 6.3: Construction Equipment  Maintain all construction equipment in proper tune according to manufacturer’s specifications.  Fuel all off-road and portable diesel powered equipment, including but not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power units, with ARB certified motor vehicle diesel fuel (Non-taxed version suitable for use off-road).  Maximize to the extent feasible, the use of diesel construction equipment meeting the ARB’s 1996 or newer certification standard for off-road heavy-duty diesel engines.  Install diesel oxidation catalysts (DOC), catalyzed diesels particulate filters (CDPF) or other District approved emission reduction retrofit services (Required for projects grading more than 4.0 acres of continuously worked area). Section 6.4: Activity Management Techniques  Develop a comprehensive construction activity management plan designed to minimize the amount of large construction equipment operating during any given time period.  Schedule of construction truck trips during non-peak hours to reduce peak hour emissions.  Limit the length of the construction workday period, if necessary.  Phase construction activities, if appropriate. Section 6.5: Fugitive PM10 All of the following measures shall be included on grading, demolition and building plan notes: A. Reduce the amount of the disturbed area where possible. B. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency will be required whenever wind speeds exceed 15 mph. Reclaimed (non-potable) water should be used whenever possible. C. All dirt stockpile areas shall be sprayed daily as needed. D. Permanent dust control measures identified in the approved project re-vegetation and landscape plans shall be implemented as soon as possible following completion of any soil disturbing activities. E. Exposed ground areas that designated for reworking at dates greater than one month after initial grading shall be sown with a fast-germinating native grass seed and watered until vegetation is established. BP, GP BS, PS, CE 3.b.1 Conditions of Approval / Mitigation Monitoring Program El Camino Court PD-27 Master Plan of Development 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 F. All disturbed soil areas not subject to re-vegetation should be stabilized using approved chemical soil binder, jute netting, or other methods approved in advance by the APCD. G. All roadways, driveways, sidewalks, etc, to be paved shall be complete as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. H. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. I. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114. J. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or was off trucks and equipment leaving the site. K. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. L. The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust off site. The name and telephone number of such persons shall be provided to the APCD prior to land use clearance for map recordation and land use clearance for finish grading of any structure. Mitigation Measure 4.e.1: Grading and excavation and grading work shall be consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: 13. All existing trees outside of the limits of work shall remain. 14. Earthwork shall not exceed the limits of the project area. 15. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 16. Vehicles and stockpiled material shall be stored outside the dripline of all trees. 17. All trees within the area of work shall be fenced for protection with 4 - foot chain link, snow or safety fencing placed per the approved tree protection plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing shall remain in place until completion of all construction activities. 18. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. BP PS, BS 4.e.1 Mitigation Measure 4.e.2: All recommendations contained within the project arborists report prepared by Tree Resources Assessment, Barbella’s Tree Service shall be applied to the proposed project in terms of each native tree proposed for removal and each tree within the project area subject to potential impact. All native tree impact/replacements shall be per the Atascadero Municipal Code Section 9-11.105. BP PS, BS 4.e.2 Mitigation Measure 4.e.3: The developer shall contract with a certified arborist during all phases of project implementation. The certified arborists shall be responsible for monitoring the project during all phases of construction through project completion, as follows: BP PS, BS 4.e.3 Conditions of Approval / Mitigation Monitoring Program El Camino Court PD-27 Master Plan of Development 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 (a) A written agreement between the arborist and the developer outlining an arborist monitoring schedule for each construction phase through final inspection shall be submitted to and approved by planning staff prior to the issuance of building/grading permits. (b) Arborist shall schedule a pre-construction meeting with engineering /planning staff, grading equipment operators, project superintendent to review the project conditions and requirements prior to any grubbing or earth work for any portion of the project site. All tree protection fencing and trunk protection shall be installed for inspection during the meeting. Tree protection fencing shall be installed at the line of encroachment into the tree’s root zone area. (c) As specified by the arborist report and City staff:  Prune all trees in active development areas to be saved for structural strength and crown cleaning by a licensed and certified arborist;  Remove all debris and spoils from the lot cleaning and tree pruning.  In locations where paving is to occur within the tree canopy, grub only and do not grade nor compact. Install porous pavers over a three-inch bed of ¾ inch granite covered with one-inch pea gravel for screeding. If curbs are required, use pegged curbs to secure the porous pavers. Pegged curbs are reinforced six to eight curbs poured at grade with a one-foot by one-foot pothole every four to six linear feet.  All trenching or grading within the protected root zone area, outside of the tree protection fence shall require hand trenching or preserve and protect roots that are larger than 2 inches in diam eter.  No grading or trenching is allowed within the fenced protected area.  Any roots that are 4 inches in diameter or larger are not to be cut until inspected and approved by the on-site arborist. (d) Upon project completion and prior to final occupancy a final status report shall be prepared by the project arborist certifying that the tree protection plan was implemented, the trees designated for protection were protected during construction, and the construction -related tree protection measures are no longer required for tree protection. Mitigation Measure 4.e.4: All tree removals identified in the Tree Resources Assessment, dated 7/19/05 shall be mitigated as prescribed by the Atascadero Native Tree Ordinance. BP PS, BS 4.e.4 Mitigation Measure 5.b.1: Design an appropriate Phase II archaeological sampling strategy. GP PS, BS, CE 5.b.1 Mitigation Measure 5.b.2: Monitoring of all earth disturbance by a qualified subsurface archaeologist and native monitor during construction activities. GP PS, BS, CE 5.b.2 Mitigation Measure 5.b.3: Cultural soils must remain on site of they are moved and/or disturbed. GP PS,BS,CE 5.b.3 Conditions of Approval / Mitigation Monitoring Program El Camino Court PD-27 Master Plan of Development Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure Mitigation Measure 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 PS, BS, CE 6.b.1 Mitigation Measure 6.c.1: A soils report shall be required to be submitted with a future building permit by the building department. BP,GP PS,BS,CE 6.c.1 Mitigation Measure 7.b.1: Per the Phase I Environmental Site Assessment, further investigation of the former commercial building area is necessary to better determine if the site had been adversely impacted by previous auto garage or painting use BP PS 7.b.1 Mitigation Measure 8.e.f.1: The developer is responsible for ensuring that all contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop orders GP PS, BS, CE 8.e.f.1 Mitigation Measure 11.d.1: All construction activities shall comply with the City of Atascadero Noise Ordinance for hours of operation, and as follows: Construction activities shall be limited to the following hours of operation:  7 a.m. to 7 p.m. Monday through Friday  9 a.m. to 6 p.m. Saturday  No construction on Sunday Further, particularly loud noises shall not occur before 8 a.m. on weekdays and not at all on weekends. The Community Development Director upon a determination that unusually loud construction activities are having a significant impact on the neighbors may modify the hours of construction. Failure to comply with the above-described hours of operation may result in withholding of inspections and possible construction prohibitions, subject to the review and approval of the Community Development Director. A sign shall be posted on-site with the hours of operation and a telephone number of the person to be contacted in the event of any violations. Staff shall approve the details of such a sign during the Grading Plan/Building Permit review process. BP, GP PS, BS, CE 11.d.1 Conditions of Approval / Mitigation Monitoring Program El Camino Court PD-27 Master Plan of Development Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure Mitigation Measure 13.1: Project Road and Landscape Maintenance and Emergency Services Funding: The emergency services and road maintenance costs of the project shall be 100% funded by the project in perpetuity. The service and maintenance cost may be funded through a benefit assessment district or other mechanism established by the developer subject to City approval. The funding mechanism must be in place prior to or concurrently with acceptance of the any final maps. The funding mechanism shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any final map. The administration of the above mentioned funds and the coordination and performance of maintenance activities shall be by the City a) All Atascadero Police Department service costs to the project. b) All Atascadero Fire Department service costs to the project. c) All streets, sidewalks, streetlights, street signs, roads, emergency access roads, emergency access gates, and sewer mains within the project. d) All parks, trails, recreational facilities and like facilities. e) All open space and native tree preservation areas. f) All drainage facilities and detention basins. g) All common landscaping areas, street trees, medians, parkway planters, manufacture slopes outside private yards, and other similar facilities. h) All drainage facilities and detention basins. i) All common landscaping areas, street trees, medians, parkway planters, manufacture slopes outside private yards, and other similar facilities. BP, GP PS, BS, CE 13.1 Mitigation Measure 15.a: The project shall pay Development Impact Fee per the Circulation System of Atascadero. These fees based on the City Development Impact Fee Schedule and shall be paid prior to any building permit issued on the property. BP PS, BS, CE 15.a ATTACHMENT 6: Draft Resolution PC 2017-A RESOLUTION NO. PC 2017-A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING A ONE-YEAR TIME EXTENSION OF AN APPROVED VESTING TENTATIVE TRACT MAP AND CONDITIONAL USE PERMIT TPM 2005-0076 & CUP 2005-0170 (TRACT 2817) 4705-4713 EL CAMINO REAL (THE ACACIAS GROUP) WHEREAS, the owner/applicant Acacias Group, (5906 Sacramento Ave., Alta Loma, CA 92503) proposes a subdivision of a 1.71 acre, gross, lot into 41 multi-family lots and 8,000 square feet of commercial space; and WHEREAS, the City Council approved A Tentative Tract Map and A Conditional Use Permit on February 14, 2006 and set the effective approval date of the map through conditions of approval to coincide with the effective date of PD-27 to March 30, 2006; and WHEREAS, the Planning Commission considered and approved a one-year Time Extension at a meeting held September 4, 2007, setting the expiration date to March 30, 2009; and, WHEREAS, the automatic one-year Time Extension via SB 1185 went into effect July 15, 2008, setting the expiration date to March 30, 2010; and, WHEREAS, the Planning Commission considered and approved a one-year Time Extension at a meeting held March 3, 2009, setting the expiration date to March 30, 2011; and, WHEREAS, the automatic two-year Time Extension via AB 333 went into effect July 15, 2009, setting the expiration date to March 30, 2013; and, WHEREAS, the automatic two-year Time Extension via AB 208 went into effect July 15, 2011, setting the expiration date to March 30, 2015; and, WHEREAS, the automatic two-year Time Extension via AB 116 went into effect July 11, 2013, setting the expiration date to March 30, 2017; and, WHEREAS, the applicant has submitted for a one-year time extension for Vesting Tentative Tract Map entitlements (TTM 2005-0076) and associated Master Plan of Development (CUP 2005-0170); and, NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1: Findings for approval of the time extension: The Planning Commission makes the following findings consistent with Atascadero Municipal Code section 9- 2.117(a) 1. There have been no changes to the provisions of the General Plan or zoning regulations applicable to the project since the approval of the entitlement; 2. There have been no changes in the character of the site or its surroundings which affect how the standards of the General Plan or zoning regulations apply to the project. SECTION 2: Approval: The Planning Commission does hereby approve a one-year Time Extension of TTM 2005-0076 (Tract 2817), to expire on March 30, 2018. On motion by Commissioner _______________________, and seconded by Commissioner ______________________ , the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA ______________________________ Duane Anderson Planning Commission Chairperson ATTEST: ___________________________________ Phil Dunsmore Planning Commission Secretary t:\- pre 06 plns (old planning docs)\- ttm - tentative tract maps\ttm 05\ttm 2005-0076 4705 el camino real\time extension 2017\fmp exension pc_sr_kg.docx ITEM NUMBER: ITEM NUMBER: 4 DATE: 4-18-17 Atascadero Planning Commission Staff Report – Community Development Department Young Choi, Planning Intern, 470-3466, ychoi@atascadero.org Katie Banister, Assistant Planner, 470-3480, kbanister@atascadero.org PLN 2017-1629 Tree Removal Permit (TRP 2017-0211) 6910 Lomitas Road SUBJECT: The applicant is requesting the removal of two (2) valley oak trees for the construction of a proposed single-family residence and grading for future residence. RECOMMENDATION: Staff Recommends: The Planning Commission adopt Resolution PC 2017-A to allow the removal of two (2) native trees, based on findings and subject to mitigation. Situation and Facts: 1. Property Owner / Applicant: Ryan and Paige Swift 2050 Traffic Way #B Atascadero, CA 93422 2. Project Address: 6910 Lomitas Road (APN 050-341-006) Atascadero, CA 93422 3. Certified Arborist: Steven Alvarez A&T Arborists Certified Arborist #WC0511 PO Box 1311 Templeton, CA 93465 4. General Plan Designation: Rural Estates (RE) 5. Zoning District: Residential Suburban (RS) 6. Site Area: Approximately 2.98 acres 7. Existing Use: Single-Family Residence ITEM NUMBER: ITEM NUMBER: 4 DATE: 4-18-17 Project Location Map ANALYSIS: The applicant proposes to develop the property in two phases. The first phase is a 936 square-foot single-family residence and grading for the driveway and future development. The second phase will be the construction of a larger residence and the conversion of the phase 1 structure into a garage. Th e proposed grading will cut into a slope to create the pad for phase 2. The fill material generated will be used to create the building pad for phase 1 and to level the driveway. Two of the 50 or more native trees on the site are proposed to be removed in order to grade and develop the site. The trees proposed for removal are within the pad for the future phase 2 building. The location of the proposed structures was selected to preserve a 48-inch valley oak nearby. Project Site: 6910 Lomitas Road RS ITEM NUMBER: ITEM NUMBER: 4 DATE: 4-18-17 The project is not exempt from the California Environmental Quality Act due to grading on a hillside. Staff has prepared a Precise Plan for the project and circulated Initial Study and Mitigated Negative Declaration 2017 -0002. The public review period ends April 20, 2017. Mitigation measures include revegetating the phase 2 building pad with native shrubs if the future residence is not constructed within 24 months of grading activities; and redesigning the fill area adjacent to the phase 1 residence to minimize the impact of construction on Tree # 10, a 12-inch live oak, and to observe the required creek setback. Evaluative Criteria for Tree Removal Atascadero Municipal Code Section 9-11.105 (d) (3) provides the criteria the Planning Commission should use when evaluating tree removals. (i) The potential effect that tree removal could have on topography, knowing that hilltops, ravines, streambeds and other natural watercourses are more environmentally sensitive than flat or gentle sloping lands; (ii) The potential effect that tree removal could have on soil retention and erosion from increased flow of surface waters; Staff comment: The project includes grading on slopes and is adjacent to Boulder Creek. Initial Study and Mitigated Negative Declaration 2017 -0002 includes mitigation measures to address erosion and stormwater runoff. (iii) The potential effect that tree removal could have on the ambient and future noise level; Staff comment: No significant impact to the ambient noise level is expected. The topography and remaining trees on the lot will buffer sound movement from the new residence to nearby residences. (iv) The potential effect that tree removal could have on the ability of existing vegetation to reduce air movement and wind velocity; Staff comment: The site is partially wooded and the removal of the subject trees will not significantly affect air movement in the vicinity. (v) The potential effect that tree removal could have on significantly reducing available wildlife habitat or result in the displacement of desirable species; Staff comment: The area is a sparsely developed neighborhood. The addition of a new residence will have a small impact on habitat and wildlife travel corridors, but the site will retain most of the existing trees and the adjacent creek will not be disturbed. ITEM NUMBER: ITEM NUMBER: 4 DATE: 4-18-17 (vi) Aesthetics; Staff comment: The trees proposed for removal are not visible from Lomitas Road or surrounding properties due to site topography and other vegetation on the property. (vii) The number, size, species, condition and location of trees to be removed; Staff comment: The applicant has designed the proposed structure to have a minimal impact on the remaining trees and vegetation on the property. The request to remove two native oak trees is reasonable based on the scope of the project. (viii) The special need to protect existing blue and valley oaks because of regeneration problems; Staff comment: The trees proposed for removal are mature valley oaks described by the project arborist as relatively healthy with few defects . At least two other valley oak trees will remain on the site. (ix) The cumulative environmental effects of tree removal. Staff comment: The removal of the proposed native tree will not have cumulative environmental impacts. The west side of Atascadero contains heavily wooded areas that remain undisturbed and a large portion of the subject site remains wooded and integrated into the surrounding ecosystem. Tree Mitigation The Atascadero Municipal Code requires mitigation for all trees approved for removal. The Tree Ordinance allows for replanting of new native trees, payment of mitigation fees to the tree replanting fund, or recording an on-site tree protection easement. Required mitigation options includes the payment of $766.67 into the tree mitigation fund or the replanting of fifteen (15) 5-gallon native oak trees. ENVIRONMENTAL DETERMINATION: The City of Atascadero prepared an Initial Study to determine if the proposed project would have a significant adverse effect on the environment. The Initial Study found that the project will not have a significant adverse effect on the environment. Consequently, a Mitigated Negative Declaration was prepared for the Project. Mit igated Negative Declaration No. 2017-0002 will satisfy the requirements of CEQA for the Single-Family Residence at 6910 Lomitas Road. ITEM NUMBER: ITEM NUMBER: 4 DATE: 4-18-17 FINDINGS: In considering any tree removal request, at least one of the required findings must be made. Staff has identified the following finding as appropriate for the application request. (v) The tree is obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from the site planner and determined by the Community Development Department based on the following factors: a. Early consultation with the City, b. Consideration of practical design alternatives, c. Provision of cost comparisons (from applicant) for practical design alternatives, d. If saving tree eliminates all reasonable use of the property, or e. If saving the tree requires the removal of more desirable trees. ALTERNATIVES: 1. The Commission may approve the project with additional or revised project conditions. 2. The Commission may deny the project if it is found that the required findings cannot be made. The Commission’s motion to deny must include a finding basis for denial. 3. The Commission may continue the hearing and refer the item back to staff for additional information or analysis. Direction should be given to staff and the applicant on required information. ATTACHMENTS: Attachment 1 – Arborist Report Attachment 2 – Draft Resolution PC 2017-A Bond payment for tree #31, impacted 45% : ITEM NUMBER: ITEM NUMBER: 4 DATE: 4-18-17 ATTACHMENT 1: Arborist Report PLN 2017-1629 / TRP 2017-0211 ITEM NUMBER: ITEM NUMBER: 4 DATE: 4-18-17 ITEM NUMBER: ITEM NUMBER: 4 DATE: 4-18-17 ITEM NUMBER: ITEM NUMBER: 4 DATE: 4-18-17 ITEM NUMBER: ITEM NUMBER: 4 DATE: 4-18-17 ITEM NUMBER: ITEM NUMBER: 4 DATE: 4-18-17 ATTACHMENT 2: Draft Resolution PC 2017-A PLN 2017-1629 / TRP 2017-0211 DRAFT RESOLUTION NO. PC 2017-A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING PLN 2017-1629 (TRP 2017-0211), TO ALLOW THE REMOVAL OF TWO (2) NATIVE TREES TOTALING 46 INCHES DIAMETER 6910 Lomitas Rd. / Swift APN 050-341-006 WHEREAS, an application was received from Ryan and Paige Swift, 2050 Traffic Way #B, Atascadero, California, 93422 (Property Owner), and by Steven Alvarez, A&T Arborists, PO Box 1311, Templeton, California, 93465 (Arborist), for a Tree Removal Permit to remove two (2) valley oak trees, totaling forty-six (46) inches diameter at standard height; and WHEREAS, the Planning Commission reviewed the proposed Tree Removal Permit application on April 18, 2017, at 6:00 p.m. and considered testimony and reports from staff, the applicants, and the public; and WHEREAS, the City of Atascadero prepared Initial Study Mitigated Negative Declaration No. 2017-0002 in conformance with the requirements of the California Environmental Quality Act (CEQA) for the Single-Family Residence at 6910 Lomitas Road. NOW THEREFORE, the Planning Commission of the City of Atascadero, California takes the following actions: SECTION 1. Findings for tree removal. The Planning Commission finds as follows: 1. The tree is obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from the site planner and determined by the Community Development Department based on the following factors: a. Early consultation with the City, b. Consideration of practical design alternatives, c. Provision of cost comparisons (from applicant) for practical design alternatives, d. If saving tree eliminates all reasonable use of the property, or e. If saving the tree requires the removal of more desirable trees. ITEM NUMBER: ITEM NUMBER: 4 DATE: 4-18-17 SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a Special Regular Session assembled on April 18, 2017, and resolved to approve Tree Removal Permit 2017-0211 (PLN 2017-1629), subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Required Tree Removal Mitigation EXHIBIT C: Site Plan On motion by Commissioner ____________________, and seconded by Commissioner _________________________, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAINED: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA _________________________________________ Duane Anderson Planning Commission Chairperson ATTEST: ___________________________________ Phil Dunsmore Planning Commission Secretary ITEM NUMBER: ITEM NUMBER: 4 DATE: 4-18-17 EXHIBIT A: Conditions of Approval / Mitigation Monitoring PLN 2017-1629 / TRP 2017-0211 Conditions of Approval PLN 2017-1629 6910 Lomitas Rd. Timing FM; Final Map BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy 1. The approval of this application shall become final, subject to the completion of the conditions of approval, fourteen (14) days following the Planning Commission approval unless prior to that time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. Tree removal 2. The applicant and/or subsequent owners shall defend, indemnify, and hold harmless the City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the City, or any of its entities, concerning the proposed tree removal. Ongoing 3. The tree removal permit shall permit the removal of two valley oak trees identified by the project arborist and in Exhibit C as trees #11 and 13, with 28-inch and 18-inch diameters, respectively. Tree removal 4. The trees shall not be removed until Building Permit 2016-14375 is issued. The tree removal permit shall be valid while Building Permit 2016-14375 is valid. BP 5. The owner or applicant shall mitigate the tree removal by replanting native trees, making appropriate payment to the tree mitigation fund, or a combination thereof as shown in Exhibit B. Larger box trees may be substituted for five-gallon replacement trees per the Atascadero Native Tree Guidelines. Tree removal 6. Payment to the tree mitigation fund or approval of a tree replanting and irrigation plan shall occur before the building permit for the first residence can be completed. FI 7. If tree replanting is selected, the owner or applicant shall provide drip irrigation to new trees until they are established. FI / Ongoing ITEM NUMBER: ITEM NUMBER: 4 DATE: 4-18-17 Exhibit B Required Tree Removal Mitigation PLN 2017-1629 / TRP 2017-0211 Evergreen Native Trees (inches)Deciduous Native Trees (inches)Totals dbh notes dbh notes 1 1 28 #11 2 2 18 #13 3 3 4 4 5 5 6 6 Total 0-inches Total 46-inches 46-inches Mitigation Requirement req'd tree replacements:0 five gal trees req'd tree replacements:15 five gal trees Proposed Replanting 0 five gal trees Proposed Replanting 0 five gal trees 0 five gal trees 0 fifteen gal trees 0 fifteen gal trees 0 fifteen gal trees 0 box trees (24'')0 box trees (24'')0 box trees (24'') Remaining Mitigation 0 five gal trees Remaining Mitigation 15 five gal trees 15 five gal trees Tree Fund Payment:-$ Tree Fund Payment:766.67$ 766.67$ ITEM NUMBER: ITEM NUMBER: 4 DATE: 4-18-17 Exhibit C Site Plan PLN 2017-1629 / TRP 2017-0211 Tree # 11 28” valley oak Tree Removal X X X Tree #13 18” valley oak Tree # 10 12” live oak Lomitas Road Boulder Creek September 2, 2003 Page 1 of 20 Atascadero Planning Commission Staff Report - Community Development Department Katie Banister, Assistant Planner, 470-3480, kbanister@atascadero.org  PLN 2016-1621 / CUP 2002-0056 Spay and neuter clinic for cats and dogs in the Public zoning district 2300 Ramona Road (Woods Humane Society) SUBJECT The project consists of an application for an amendment to the Conditional Use Permit (CUP) for the Woods Humane Society cat shelter located on Ramona Road about 1,000 feet south of Del Rio Road. The property is in the Public zoning district where animal hospitals are a conditionally allowed use. Situation and Facts 1. Applicant: Woods Humane Society 875 Oklahoma Avenue, San Luis Obispo, CA 93401 2. Property Owner: Action for Animal Rights 2300 Ramona Road, Atascadero, CA 93422 3. Project Address: 2300 Ramona Road, Atascadero, CA 93422 APN 049-141-043 4. General Plan Designation: Public Facilities (PUB) 5. Zoning District: Public (P) 6. Site Area: 2 acres 7. Existing Use: Woods Humane Society Cat Shelter 8. Environmental Status: Section 15303 Categorical Exemption: New construction of small structures ITEM NUMBER: 5 DATE: 4-18-17 Surrounding Land Use and Setting North: Public Facilities (PUB) Commercial Tourist (CT) South: Residential Suburban (RS) East: Highway 101 Commercial Park (CPK) West: Residential Single-Family (RSF-Y PD19) Location and Zoning BACKGROUND In 1997, the North County Humane Society received a Conditional Use Permit (CUP) to establish an animal shelter at 2300 Ramona Road. The Conditional Use Permi t was RSF-Y PD19 CPK CR RS RMF-20 CT P granted for the shelter as a kennel in the Residential Suburban (RS) zoning district. Kennels are defined by the current Municipal Code as a “premises where four (4) or more dogs or cats . . . are kept or maintained.” An amendment to the CUP to allow the addition of a 2,160 square-foot modular building was approved in May of 2002. Conditions of approval limit the site to sheltering cats only (no dogs). Later the same year, the zoning of the property was changed to Public as a part of Zone Change 2002-0026, which brought the Zoning Ordinance into compliance with updates to the General Plan also made in 2002. Although kennels are not an allowed use in the Public zoning district , the use had already been established and now exists as a legal, non-conforming use. In November of 2016, North County Humane Society and Woods Humane Society announced they would merge their operations and collectively be known as Woods Humane Society. This site will be their north county campus. The Design Review Committee (DRC) reviewed the project at their March 29, 2017 meeting. DRC comments have been incorporated into the conditions of approval in the attached draft resolution. ANALYSIS Woods Humane Society proposes to add a 2,130 square-foot modular office building for a spay and neuter clinic. This land use is considered an animal hospital by the Municipal Code. Animal hospitals are “[e]stablishments primarily engaged in performing services for animals, including veterinary services and animal hospitals.” This land use is specifically differentiated from kennels. Animal hospitals are conditionally allowed in the Public zoning district. Atascadero Municipal Code 9-7.106 prohibits non-conforming uses from being “enlarged, increased, or extended,” however the same sectio n empowers the Planning Commission to approve a Conditional Use Permit to allow lots with non-conforming uses to be “further developed by the addition of conforming uses and structures .” The spay/neuter clinic is considered a conforming use if a use permit is approved. City records have no documented code violation enforcement actions on the site. Staff is unaware of any negative interactions caused by the operation of the shelter on the adjacent residential properties. The proposed spay and neuter clinic is not an expansion of the kennel/shelter use, but a related animal hospital use. Parking The 1997 CUP included a requirement for the shelter to pave the parking area. The amendment approved in 2002 altered the conditions to allow a gravel parking surface instead of paved. Currently, the driveway and parking lot are made of decomposed granite (DG) with no curbs, parking space striping, or landscaping. The site has more than adequate space for the current parking demand observed by staff. Parking demand for the new structure will be most similar to offices and health care services. AMC 9-4.118 requires 5 parking spaces for offices of this size; health care services would require 11 spaces. Pursuant to AMC 9-4.115(h), staff recommends the Planning Commission require a total of 24 parking spaces for both the existing and proposed use. An appropriate finding and conditions are included in the draft resolution. AMC 9-4.119 requires parking lots with 3 or more spaces to be surfaced with aspha lt or concrete. Staff has included a condition to pave the driveways and parking lot. Landscaping The current landscaping includes a row of evergreen trees along the front and side property lines, which were a condition of the 2002 CUP amendment. The remainder of the site is not landscaped. The applicant has provided a landscaping and irrigation plan using native and drought tolerant plants around the new building and the parking lot. Shade trees are proposed in the parking area. AMC 9-4.125 requires commercial uses to landscape at least 10 percent of the site including setbacks, unused areas unless screened, and trash enclosures. A MC 9-4.119 requires six-foot-wide landscape planters at every 8 parking spaces, and shade trees at 30-foot intervals. The Planning Commission may modify landscaping requirements with a Conditional Use Permit. Planning staff recommends the Planning Commission approve the landscape plan, which does not include all unused areas. The large yard area at the front of the property is screened by evergreen trees. The high traffic areas will be landscaped. Staff has included conditions approved by the DRC to make minor alterations to the landscape plan, and an appropriate finding to modify the landscape requirement in the draft resolution. Storage Buildings The site currently has several older metal storage s heds. Staff recommends the storage be consolidated into one building. The DRC-endorsed site plan includes a single storage building. Staff has included a condition to replace the older buildings with a single building. Garbage Enclosure AMC 9-4.129 requires a garbage enclosure for commercial uses. The applicant has proposed a wooden-fenced enclosure to accommodate a 4 -cubic-yard garbage dumpster and 2-cubic-yard recycling dumpster. The design meets the requirements of the Municipal Code. The DRC endorsed a staff recommendation to use fencing with a top rail for a more finished appearance. Fencing and Screening AMC 9-4.128(4)(i) requires a 6 foot solid wall or fencing at the side or rear property line of commercial uses adjacent to residential use s. Currently, the site has a chain link fence located at the top of a slope at the rear of the buildings. At the bottom of the slope is the Colony at Apple Valley development. Locating a solid fence at the bottom of the slope where the code requires, would not screen the neighborhood from the commercial use. The DRC endorsed a staff recommendation that a solid fence be placed at the top of the slope. Similar to the garbage e nclosure, this fence should have a top rail to mimic fences in the Apple Valley neighborhood and to have a more finished appearance. The code (AMC 9-4.128(b)(3)) allows the Planning Commission to modify fencing requirements through a CUP. An appropriate finding is provided to modify the fencing requirement to allow the fence to be placed in a location not on the property line. Aerial photograph Signage In the Public zoning district, a total of 100 square feet of signage is permitted. AMC 9 - 15.008 limits wall signs to 40 square feet, and allows one single-tenant free-standing sign per property. The free-standing sign may have a sign face with a maximum size of 60 square feet and a maximum height of 6 feet. The applicant proposes four new signs with a cumulative sign area totaling 66 square feet. Two are on the side of buildings and within the size limits of the Municipal Code (15 square feet and 3 square feet, respectively). Two proposed signs are 8 -foot tall, single-tenant “free-standing signs”, each 24 square feet in size. The DRC endorsed a staff recommendation to turn the free -standing signs 45 degrees from Ramona Road to increase visibility. The Planning Commission may modify the limitations of the Sign Ordinance with a CUP. Appropriate findings are included. Shoulder AMC 9-4.159 requires curb, gutter and sidewalk improvements when a new structure is moved onto a site in a commercial zone. The improvements must be to the design and construction standards of the City Engineer. In this case, the City Engineer has determined concrete curb, gutter, and sidewalk is not compatible with the site. The DRC has endorsed an alternative that includes a 4-foot-wide roadbase shoulder, consistent with City Engineering Design Standards as propose d by staff. A condition is included. ENVIRONMENTAL DETERMINATION: This project qualifies for a Class 3 Categorical Exemption under CEQA Section 15303, New Construction or Conversion of Small Structures , specifically the construction of offices less than 2,500 square feet in floor area. CONCLUSION: The applicant proposes an amendment to the master plan of development for Woods Humane Society. A conditionally allowed animal hospital (spay and neuter clinic) is proposed on a site with a legal non -conforming use (kennel). Modifications to the standards for parking, landscaping, screening and signage are requested. RECOMMENDATION: Staff recommends the Planning Commission adopt Resolution PC 2017-A approving an amendment to Conditional Use Permit 2002-0056 to allow an animal hospital and modify standards for parking, landscaping, screening, and signage , based on findings and subject to conditions. 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: Site Photos Attachment 2: Conditions of Approval CUP 97-002 Attachment 3: Conditions of Approval CUP 2002-0056 Attachment 4: Draft Resolution PC 2017-A ATTACHMENT 1: Site Photos PLN 2016-1621 / CUP 2002-0056 Amendment Geodesic dome, existing modular building and decomposed granite parking area Existing storage buildings Garbage collection area, gravel driveway, and evergreen trees View of existing modular and future site of spay and neuter clinic building on left through evergreen tree screening Existing storage behind animal shelter View of the animal shelter buildings from San Ramon Road in the Colony and Apple Valley development View of the animal shelter buildings from San Ramon Road in the Colony and Apple Valley development Typical fencing in the Colony at Apple Valley development ATTACHMENT 2: Conditions of Approval CUP 97-002 PLN 2016-1621 / CUP 2002-0056 Amendment ATTACHMENT 3: CUP 2002-0056 Conditions of Approval PLN 2016-1621 / CUP 2002-0056 Amendment ATTACHMENT 4: Draft Resolution PC 2016-A PLN 2016-1621 / CUP 2002-0056 Amendment DRAFT RESOLUTION PC 2017-A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA APPROVING PLN 2016-1621 / CUP 2002-0056 AMENDMENT TO PERMIT A ANIMAL HOSPITAL USE AT 2300 RAMONA ROAD (APN 049-141-043) (WOODS HUMANE SOCIETY) WHEREAS, an application has been received from Woods Humane Society, 875 Oklahoma Avenue, San Luis Obispo, CA 93401 (Applicant), and Action for Animal Rights, 2300 Ramona Road, Atascadero, CA 93422 (Owner) to consider a project consisting of an amendment to Conditional Use Permit 2002-0056 to allow an animal hospital use in a new modular office structure on a 2-acre parcel at 2300 Ramona Road (APN 049-141-043); and, WHEREAS, the site’s current General Plan Designation is Public Facilities (PUB); and WHEREAS, the site’s current zoning district is Public (P); and WHEREAS, Conditional Use Permit 97-002 was approved by the Planning Commission on March 18, 1997 for an animal kennel on the site; and WHEREAS, Conditional Use Permit 97-002 was reconsidered and approved by the Planning Commission on May 21, 2002 as Conditional Use Permit 2002-0056 for a new office structure; and WHEREAS, animal hospitals are a conditionally allowed use in the Public zoning district; and WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Conditional Use Permit application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Conditional Use Permit; and, WHEREAS, the Planning Commission of the City of Atascadero, at a Special Regular Session duly noticed Public Hearing held on April 18, 2017, at 6:00 P.M., studied and reconsidered Conditional Use Permit 2002-0056; and, NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Finding of Environmental Exemption. The Planning Commission finds as follows: 1. That the proposed project is categorically exempt (Class 3) from the provisions of the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., “CEQA”) and CEQA Guidelines (Title 14 California Code of Regulations §§ 15000, et seq.) pursuant to CEQA Guidelines Section 15303, for the construction of an office building less than 2,500 square feet in size. This exemption is included as Exhibit A. SECTION 2. Findings for approval of Conditional Use Permit. The Planning Commission finds as follows: 1. The proposed project or use is consistent with the General Plan, as well as the City’s Appearance Review Manual and any pertinent City policy or criteria adopted by ordinance or resolution of the City Council. While kennels are not an allowed use, the cat shelter and spay and neuter clinic are a quasi-public service and Woods Humane Society is a not for profit organization. The uses are appropriate in the Public zoning district. The proposed animal hospital use at this location is consistent with the Public Facilities designation of the General Plan and the General Plan Land Use, Open Space and Circulation Element Goals 13 and 14; Land Use Policy 13.1; and Land Use Programs 1.1.7, 1.3.2, 1.3.5, 1.3.8, 1.3.11, 2.1.4, and 2.3.3. 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance). Animal hospitals are a conditionally allowed use in the Public zoning district. The non- conforming use (kennel) will not be expanded as a result of this CUP. As conditioned, the project satisfies the provisions of the Atascadero Municipal Code. The Zoning Ordinance allows the Planning Commission to make adjustments to the parking, landscaping, screen and signage requirements. 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use. The Woods Humane Society overnight shelter at this site is for cats only. Dogs are not permitted in the shelter. The spay and neuter clinic will be for both cats and dogs undergoing a surgical procedure. Dogs are not expected to create excessive noise inconsistent with noise levels permitted in the residential zones. 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development. The kennel was in operation when the nearby neighborhood was developed. As conditioned, new uses will not be visible from the neighborhood. No significant increase in noise level is expected. 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. The use is not expected to create trips beyond the capacity of nearby roads and intersections. 6. That the proposed project is in compliance with any pertinent City policy or criteria adopted by ordinance or resolution of the City Council. The proposed use is consistent with all pertinent City policies and criteria adopted by the City Council. 7. That the characteristics of a use or its immediate vicinity do not necessitate the number of parking spaces, type of parking lot design, or parking lot improvements required by the Zoning Regulations of the City of Atascadero and that reduced parking will be adequate to accommodate on the site all parking needs generated by the use. The project does not fit neatly into any single parking requirement category. Staff has considered current demand and projected demand to determine a reasonable parking requirement. The remote location and hours of operation of the project will limit the potential impact unexpected overflow parking would have on neighboring uses. 8. That the existing vegetation, topography or structural arrangement preclude the need for landscaping. The applicant proposes significant site improvements including paved driveways and parking area with landscaping. The immediate area around the new structure will also be landscaped. An existing evergreen tree hedge screens the property from Ramona Road and Highway 101. 9. That specifically identified characteristics of the site or site vicin ity would make required fencing or screening unnecessary or ineffective. The slope at the rear of the property would render a screening fence located at the rear property line ineffective. A solid fence with top rail is proposed at the top of the slope t o better screen the property from adjacent residential land uses. 10. That the need for modified signing is based on the purposes set forth as the intent of the Sign Ordinance of the City of Atascadero (Atascadero Municipal Code 9-15.002). Proposed signs will maintain the community’s appearance, they will not be confusing or distracting, and they will not have an adverse impact on neighboring properties. 11. That the opportunity to combine signs for more than one (1) use on a single sign structure has been considered. The site has one tenant. 12. That the sign area and height of freeway oriented signs are the minimum needed to achieve adequate visibility along the freeway due to highway ramp locations and grade differences. The site is adjacent to San Ramon, which is a frontage road for Highway 101. An eight- foot-tall sign is appropriate for the location. 1. That modified signing conforms with all other applicable codes and ordinances of the City, including, but not limited to, the Zoning Ordinance, General Plan and its several elements, and the appearance review guidelines. As noted above, the project conforms to applicable codes, ordinances and guidelines. SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a Special Regular Session assembled on April 18, 2017 resolved to amend Conditional Use Permit 2002-0056 subject to the following: EXHIBIT A: CEQA Exemption EXHIBIT B: Conditions of Approval EXHIBIT C: Site Plan EXHIBIT D: Floor Plan EXHIBIT E: Elevations EXHIBIT F: Landscape and Irrigation Plan EXHIBIT G: Signage On motion by Commissioner _____________, and seconded by Commissioner __________ the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA ______________________________ Duane Anderson Planning Commission Chairperson Attest: ______________________________ Phil Dunsmore Planning Commission Secretary EXHIBIT A: Notice of Exemption PLN 2016-1621 / CUP 2002-0056 Amendment EXHIBIT B: Conditions of Approval PLN 2016-1621 / CUP 2002-0056 Amendment Conditions of Approval Woods Humane Society 2300 Ramona Road CUP 2002-0056 Amendment Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy 1. Conditional Use Permit 2002-0056 shall be amended to allow a spay and neuter clinic (animal hospital use) as generally described in attached Exhibits C, D, E, F, and G located on parcel 049-141-043, regardless of owner. Ongoing 2. The approval of this use permit shall become final and effective for the purposes of issuing building permits fourteen (14) days following the Planning Commission approval unless prior to the time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. Ongoing 3. The Community Development Department shall have the authority to approve the following minor changes to the project that (1) modify the site plan project by less than 10%, (2) result in a superior site design or appearance, and/or (3) address a construction design issue that is not substantive to the Conditional Use Permit. Ongoing 4. Approval of this Conditional Use Permit shall be valid for twenty-four (24) months after its effective date. At the end of the period, the approval shall expire and become null and void unless the project has received a City business license or a time extension. BL 5. The applicant shall defend, indemnify, and hold harmless the City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the City, or any of its entities, concerning this Conditional Use Permit. Ongoing 6. Conditions of CUP 97-002 and CUP 2002-0056 not specifically amended shall remain in force. Ongoing Planning Services 7. The shelter shall continue to serve cats only; no dogs. Ongoing 8. The spay and neuter clinic shall be permitted to serve both cats and dogs. Dogs may not stay overnight on the premises, nor be housed outdoors. Ongoing 9. The applicant shall provide a minimum of 24 parking spaces on a paved surface in good repair. BP / Ongoing 10. The applicant shall provide paved driveway(s) in good repair from Ramona Road to the parking area. BP / Ongoing 11. The applicant shall provide 6-foot-wide landscape fingers at least every 8 parking spaces in the parking area. BP 12. Shade trees shall be provided at approximately 30 foot centers in the parking area. BP / Ongoing 13. The applicant shall provide water-efficient landscaping and irrigation generally consistent with Exhibit F, with these modifications: a. Coyote brush around the rainwater collection tank shall be replaced with another BP Conditions of Approval Woods Humane Society 2300 Ramona Road CUP 2002-0056 Amendment Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy drought-tolerant shrub species subject to Planning Services approval, and b. Toyon between the sidewalk and new structure shall be replaced with another drought-tolerant shrub species subject to Planning Services approval, and 14. A single storage shed shall replace existing storage sheds on the southern property line. A building permit is required for any structure larger than 120 square feet in size. BP / FI 15. A garbage enclosure consistent with Atascadero Municipal Code section 9-4.129 shall be provided. Fencing with a top rail (no dog eared boards) shall be used to screen garbage collection dumpsters. BP 16. A 6-foot-tall solid wall or fence shall be constructed at the top of the slope behind the existing buildings, generally in the location of the chain link fence shown in Exhibit C. Fencing shall also extend approximately 30 feet eastward along the side property lines. Fencing with a top rail (no dog eared boards) shall be used. BL / BP 17. Two free-standing single-tenant signs shall be allowed generally in the location shown in Exhibit C. The signs shall be a maximum of 8 feet in overall height and have sign faces not more than 30 square feet each. The signs shall be placed at a 45-degree angle to Ramona Road. Upright supporting members shall be painted white or a color approved by Planning Services Staff. BP 18. Wall signs and directional signs shall conform to the limitations of the Atascadero Sign Ordinance. BP 19. A 4-foot-wide shoulder for Ramona Road shall be provided in conformance with City Engineering Standards. BP 20. Exterior lights shall conform to Atascadero Municipal Code 9-4.137. BP / Ongoing 21. All new utilities shall be placed underground. BP Building Services 22. The applicant shall provide accessible parking spaces and accessible paths of travel consistent with the California Building Code. BP 23. All proposed signs require a building permit in conformance with the California Building Code. BP Public Works 24. A final Storm Water Control Plan (SWCP) shall be completed and filed with the City in accordance with the State regulations (Regional Water Quality Control Board Res. No. R3- 2013-0032). The SWCP shall be completed using the City standard form. BP 25. A Stormwater Management Plan must be included in the submittal of construction documents that identifies the Water Management Areas (WMA) and the Structural Control Measures (SCM) applicable to each WMA. Supporting calculations will be required for water quality treatment volumes (Post Construction Requirement (PCR) #2), infiltration volumes (PCR #3, Water Management Zone 1 -95 percentile storm), and peak management detention volumes BP Conditions of Approval Woods Humane Society 2300 Ramona Road CUP 2002-0056 Amendment Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy (PCR #4). The following information shall be included:  Each Post-Construction Requirement (PCR) identified in the Storm Water Control Plan (SWCP)  A list of each Structural Control Measures (SCM) associated with each PCR  The area (in SF) of the impervious surface associated with each PCR  The total area (in SF) of impervious surfaces to be constructed per the plan set 26. Prior to a Final Inspection and release of occupancy, an Operation & Maintenance (O&M) plan must be prepared and submitted for review and approval. The O&M plan must include an annual reporting component in which the owner (or their designee) provides a report to the City detailing the maintenance measures completed and the condition of the system. An O&M agreement will need to be prepared and recorded against the property authorizing the City to make annual inspections if needed. FI 27. The proposed infiltration basin shall have a safe overflow and provide at least one-foot of freeboard. BP 28. Two new driveway approaches shall be constructed in accordance with City Engineering Standard No. 425. BP Exhibit C: Site Plan PLN 2016-1621 / CUP 2002-0056 Amendment Existing Building Evergreen tree hedge Paved driveway Consolidated storage building Proposed modular spay and neuter clinic Garbage collection enclosure Free- standing sign Free- standing sign Existing Modular Building Rainwater collection tank Existing chain link fence; proposed 6- foot wooden fence Proposed stormwater basin Adjacent residence Exhibit D: Floor Plan PLN 2016-1621 / CUP 2002-0056 Amendment Parking lot Exhibit E: Elevations PLN 2016-1621 / CUP 2002-0056 Amendment West Elevation (faces parking lot) South elevation (entry) North elevation (faces driveway) East elevation (faces Ramona Road) Accessible ramp Exhibit F: Landscape and Irrigation Plan PLN 2016-1621 / CUP 2002-0056 Amendment Coyote brush to be replaced by other drought- tolerant shrub Toyon to be replaced by other drought-tolerant shrub Exhibit G: Signage PLN 2016-1621 / CUP 2002-0056 Amendment Wall sign on existing modular Directional sign on existing modular building As-built free-standing sign at northern driveway and existing shoulder As-built free-standing sign at southern driveway Free-standing signs to be constructed as conditioned