HomeMy WebLinkAboutPC_2017-12-05_AgendaPacket
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CITY OF ATASCADERO
PLANNING COMMISSION AGENDA
REGULAR MEETING
Tuesday, December 5, 2017
6:00 P.M.
Historic City Hall Council Chambers
6500 Palma Avenue, 4th Floor
Atascadero, California 93422
CALL TO ORDER
Pledge of Allegiance
Roll Call: Chairperson 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
NOVEMBER 21, 2017
2. APPROVAL OF 2018 PLANNING COMMISSION MEETING SCHEDULE
City of Atascadero Planning Commission Agenda Regular Meeting, December 5, 2017
Page 2 of 4
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PLANNING COMMISSION BUSINESS
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 invited to provide
testimony to the Commission following the applicant. Speakers should state their name for the record and can address the
Commission for three minutes. After all public comments have been received, the public hearing will be closed, and the Commission
will discuss the item and take appropriate action(s).)
3. PLN 2014-1519, AMENDMENT PRINCIPAL MIXED-USE PLANNED
DEVELOPMENT
Property Owner: ECR Principal, LLC, 125 S. Bowling Green Way, Los Angeles, CA 900 49
and Principal Partners LLC, 555 Ramona Drive, San Luis Obispo, CA 93405
Applicant: Barry Ephraim, ECR Principal, LLC (125 South Bowling Green Way, Los Angeles,
CA 90049
Project Title: PLN 2014-1519 – CUP 2002-0071 Amendment/ Tentative Tract Map TTM 2014-
0107/2017/ ZCH 2017-0187
Project Location: 9105, 9107, 9109 Principal and 9300 Pino Solo, Atascadero, CA 93422
APN 030-491-001, 013, 019, 020 (San Luis Obispo County)
Project
Description:
Proposed project includes an Amendment to a previously approved housing &
commercial project at the corner of El Camino Real and Principal Ave. A new subdivision
(Tentative Tract) Map is proposed to allow a total of 27 detached units, 9 attached multi -
family units, and 6 live-work units and a new 8,111 sq. ft. commercial lot on El Camino
Real. Modifications to the site design, building designs, and conditions of approval are
proposed. The previously approved carwash is within the project area, however no
changes are proposed to the carwash.
General Plan Designation: Medium Density Residential (MDR), General Commercial
(GC)
Zoning District: Residential Multi-Family (RMF-10), Commercial Retail (CR), with PD-
24 (Planned Development #24) overlay
Proposed
Environmental
Determination:
The proposed project is consistent with the Environmental Analysis (Mitigated Negative
Declaration-MND) previously circulated for the project and certified by the City Council
in May 26, 2015. A MND Addendum has been prepared for the project changes.
City Staff: Callie Taylor, Senior Planner, ctaylor@atascadero.org, Phone: (805) 470-3448
City of Atascadero Planning Commission Agenda Regular Meeting, December 5, 2017
Page 3 of 4
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COMMISSIONER COMMENTS AND REPORTS
DIRECTOR’S REPORT
ADJOURNMENT
The next regular meeting will be on December 19, 2017, at 6:00 p.m. 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.
Recommendation: Design Review Committee and Staff recommend Planning Commission adopt:
1. PC Resolution 2017-A, recommending the City Council approve an Addendum to
Certified Mitigated Negative Declaration No. 2015-0001; and,
2. PC Resolution 2017-B, recommending the City Council approve zone text
amendments to an adopted Planned Development Overlay Zone (PD-24) (ZCH 2017-
0187); and,
3. PC Resolution 2017-C, recommending the City Council approve amendments to
Conditional Use Permit 2003-0117 (Master Plan of Development) based on findings
and subject to Conditions of Approval and Mitigation Monitoring; and,
4. PC Resolution 2017-D, recommending the City Council approve a 2017 Vesting
Tentative Subdivision Map (Tract 3070, TTM 2014-0107/2017), based on findings
and subject to Conditions of Approval and Mitigation Monitoring.
City of Atascadero Planning Commission Agenda Regular Meeting, December 5, 2017
Page 4 of 4
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City of Atascadero
WELCOME TO THE ATASCADERO PLANNING COMMISSION MEETING
The Planning Commission meets in regular session on the first and third Tuesday of each month at 6:00 p.m. at City
Hall, Council Chambers, 6500 Palma Avenue, Atascadero. Matters are considered by the Commission in the order of
the printed Agenda.
Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on
file in the office of the Community Development Department and are available for public inspection during City Hall
business hours at the Front Counter of City Hall, 6500 Palma Avenue, Atascadero, and on our website,
www.atascadero.org. All documents submitted by the public during Commission meetings that are either read into
the record or referred to in their statement will be noted in the minutes and available for review in the Community
Development Department. Commission meetings are audio recorded, and may be reviewed by the public. Copies of
meeting recordings are available for a fee. Contact the City Clerk for more information (470-3400).
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City
meeting or other services offered by this City, please contact the City Manager’s Office or the City Clerk’s Office,
both at (805) 470-3400. Notification at least 48 hours prior to the meeting or time when services are needed will
assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or
service.
TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA
Under Agenda item, “PUBLIC COMMENT”, the Chairperson will call for anyone from the audience having business
with the Commission to approach the lectern and be recognized.
1. Give your name for the record (not required)
2. State the nature of your business.
3. All comments are limited to 3 minutes.
4. All comments should be made to the Chairperson and Commission.
5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any
other individual, absent or present.
This is when items not on the Agenda may be brought to the Commission’s attention. A maximum of 30 minutes will
be allowed for Public Comment Portion (unless changed by the Commission).
TO SPEAK ON AGENDA ITEMS (from Title 2, Chapter 1 of the Atascadero Municipal Code)
Members of the audience may speak on any item on the agenda. The Chairperson will identify the subject, staff will
give their report, and the Commission will ask questions of staff. The Chairperson will announce when the public
comment period is open and will request anyone interested to address the Co mmission regarding the matter being
considered to step up to the lectern. If you wish to speak for, against or comment in any way:
1. You must approach the lectern and be recognized by the Chairperson.
2. Give your name (not required).
3. Make your statement.
4. All comments should be made to the Chairperson and Commission.
5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any
other individual, absent or present.
6. All comments limited to 3 minutes.
If you wish to use a computer presentation to support your comments, you must notify the 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 11/21/17
Page 1 of 5
CITY OF ATASCADERO
PLANNING COMMISSION
DRAFT MINUTES
Regular Meeting – Tuesday, November 21, 2017 – 6:00 P.M.
City Hall Council Chambers
6500 Palma Avenue, Atascadero, California
CALL TO ORDER - 6:03 p.m.
Chairperson Anderson called the meeting to order at 6:0 3 p.m. and Commissioner Seay
led the Pledge of Allegiance.
ROLL CALL
Present: Commissioners Dariz, Donovan, Zirk, Vice Chairperson Seay, and
Chairperson Anderson
Absent: Commissioner Betz (excused)
Commissioner Wolff (excused)
Others Present: Recording Secretary, Annette Manier
Staff Present: Community Development Director, Phil Dunsmore
Associate Planner, Alfredo Castillo
APPROVAL OF AGENDA
MOTION: By Vice Chairperson Seay and seconded by
Commissioner Donovan to approve the Agenda.
Motion passed 5:0 by a roll-call vote.
PUBLIC COMMENT
None
Chairperson Anderson closed the Public Comment period.
CONSENT CALENDAR
1. APPROVAL OF DRAFT MINUTES OF PLANNING COMMISSION MEETING ON
NOVEMBER 7, 2017
ITEM NUMBER: 1
DATE: 12-5-17
1
PC Draft Minutes of 11/21/17
Page 2 of 5
MOTION: By Commissioner Zirk and seconded by
Commissioner Dariz to approve the Consent
Calendar.
Motion passed 5:0 by a roll-call vote.
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 Perm its,
and Planned Development Permits. This does not disqualify the Planning Commission Member from participating and voting on
the matter, but gives the public and applicant an opportunity to comment on the ex parte communication.
(For each of the following items, the public will be given an opportunity to speak. After a staff report, the Chair will open the public
hearing and invite the applicant or applicant’s representative to make any comments. Members of the public will be invited t o provide
testimony to the Commission following the applicant. Speakers should state their name for the record and can address the Commission
for three minutes. After all public comments have been received, the public hearing will be closed, and the Commission will discuss
the item and take appropriate action(s).)
2. PLN 2017-1649 FOR 6300-6500 EL CAMINO REAL (LA PLAZA)
(CONTINUED FROM NOVEMBER 7, 2017)
Property Owner: Mike Zappas, 8189 San Dimas Lane, Atascadero, CA 93422
Representative: Pat Blote, RRM Design Group, 3765 S. Higuera, SLO, CA 93401
Project Title: PLN 2017-1649 – La Plaza Development
Project Location: 6300-6500 El Camino Real, Atascadero, CA 93422, APN 030-193-001,003,017,016,
031,030,033 (San Luis Obispo County)
Project Description:
The applicant proposes a three-story vertical mixed-use development project that
includes 48 future residential and commercial airspace condominiums within the
Downtown Commercial (DC) zone with vacating and closure of portions of right -of-
way along Atascadero Avenue for the construction of a public pedestrian mall. Proposed
project includes:
18,000 square feet (sf) of commercial-type uses on the first floor;
9,700 sf of office space on 2nd and 3rd floors of a separate building;
Eight (8) air space commercial condominium spaces for future subdivision;
40 air space condominium residential condominium units on 2nd and 3rd floors;
11,761 square foot (sf) pedestrian plaza located on Atascadero Mall.
General Plan Designation: Downtown (D)
Zoning District: Downtown Commercial (DC)
Proposed
Environmental
Determination:
A Notice of Intent to Adopt Mitigated Negative Declaration is being circulated from
10/18/17 to 11/7/17 and is available at www.atascadero.org.
City Staff: Alfredo R. Castillo AICP, Assoc. Planner, acastillo@atascadero.org, Phone: 470-3436
2
PC Draft Minutes of 11/21/17
Page 3 of 5
EX PARTE COMMUNICATIONS
Commissioner Dariz and Chairperson Anderson reviewed this project at the Design
Review Committee (DRC). Commissioner Zirk visited the property this morning and
talked to local businesses.
Community Development Director Dunsmore gave a brief introduction on the project site.
Associate Planner Castillo gave the staff report and he and Community Development
Director Dunsmore answered questions from the Commission.
PUBLIC COMMENT
The following members of the public spoke during public comment: Scott Martin (RRM
Design Group), Jonathon La Rosa, and Wendy Richardson. Scott Martin answered
questions from the Commission.
Chairperson Anderson closed the Public Comment period.
Staff answered questions in regards to finalizing the map, ADA requirements, the
elevator, pedestrian circulation, emergency vehicle access, underground tanks/soil
contamination, parking, land uses, the Caltrans comment letter, and the height of the
pylon sign.
MOTION: By Commissioner Donovan and seconded
by Commissioner Dariz recommending that
the Planning Commission approve PC
Resolution 2017-A, certifying Environmental
Document Number 2018-0018;
MOTION: By Commissioner Donovan and seconded
by Commissioner Dariz recommending the
Planning Commission adopt PC Resolution
2017-B, approving a Master Plan of
Development (CUP) for PLN 2017-1649;
MOTION: By Commissioner Donovan and seconded
by Commissioner Dariz recommending the
Planning Commission adopt PC Resolution
2017-C, approving a Tentative Parcel Map
(AT 17-0088) for a condominium purposes
for PLN 2017-1649;
Staff
Recommendation:
Staff recommends the Planning Commission adopt PC Resolution 2017-A, 2017-B,
2017-C, and 2017-D approving the project with conditions.
3
PC Draft Minutes of 11/21/17
Page 4 of 5
MOTION: By Commissioner Donovan and seconded
by Commissioner Dariz recommending the
Planning Commission adopt PC Resolution
2017-D, recommending approval to the City
Council to vacate a 10-foot road and
landscape easement adjacent to the back of
sidewalk along El Camino Real, vacating
right-of-way and partial closure of
Atascadero Avenue to accommodate a
public pedestrian plaza.
Motion passed 5:0 by a roll-call vote.
3. PLN 2017-1641 FOR 1827 AND 1843 EL CAMINO REAL (ANNEX SUBDIVISION)
EX PARTE COMMUNICATIONS
Commissioner Dariz and Chairperson Anderson reviewed this project at the DRC.
Associate Planner Castillo presented the staff report and stated that this project does not
need to move on to City Council after Commission approval. Associate Planner Castillo
answered questions from the Commission.
PUBLIC COMMENT
The following members of the public spoke during public comment: Patti Whelen.
Chairperson Anderson closed the Public Comment period.
Property Owner: MP Annex, LLC, 284 Higuera Street, San Luis Obispo, CA 93401
Representative: Whelen Consulting, PO Box 5021, San Luis Obispo CA 93403
Project Title: PLN 2017-1641 – Annex Subdivision
Project Location: 1827 and 1843 El Camino Real, Atascadero, CA 93422, APN 049-102-020 & 049-102-
032 (San Luis Obispo County)
Project Description:
Proposed subdivision of a portion of two (2) legal lots into six (6) consistent with the Del
Rio Road Commercial Area Specific Plan (DRCASP) overlay zone.
General Plan Designation: GC
Zoning District: CR
Proposed
Environmental
Determination:
The project was considered in Final EIR No. 20 1000541034, certified by the City Council
on June 29, 2012, which adequately addressed the effects of the proposed project.
City Staff: Alfredo R. Castillo AICP, Assoc. Planner, acastillo@atascadero.org, Phone: 470-3436
Staff
Recommendation:
Staff recommends the Planning Commission adopt PC Resolution 2017-A and 2017-B
approving the project with conditions.
4
PC Draft Minutes of 11/21/17
Page 5 of 5
MOTION: By Vice Chairperson Seay and seconded by
Commissioner Donovan to adopt PC
Resolution 2017-A approving a Master Plan
of Development for PLN 2017-1641 for a six
(6) lot residential subdivision, consistent
with the Del Rio Road Commercial Area
Specific Plan, subject to Conditions of
Approval and based on findings;
MOTION: By Commissioner Seay and seconded by
Commissioner Donovan to adopt PC
Resolution 2017-B approving Vesting
Tentative Subdivision Map for Tract 3104, a
six (6) lot subdivision with a remainder
parcel, subject to Conditions of Approval
and based on findings.
Motion passed 5:0 by a roll-call vote.
COMMISSIONER COMMENTS AND REPORTS
None
DIRECTOR’S REPORT
Community Development Director announced that tonight is Associate Planner Castillo’s
last meeting, as he has accepted a position in the City of Grover Beach. Commissioners
thanked him for his years of service and wished him well in his new career.
Community Development Director stated that the next meeting is scheduled for
December 5, 2017, and on that agenda will be the Principal/Pino Solo project.
Community Development Director announced that there are items scheduled for
December 19, 2017, and we will have to determine if there will be a quorum for that
meeting.
Community Development Director announced that the bridge and City parking lot will
open soon, and the Creekside building is in negotiation for new ownership.
ADJOURNMENT – 8:02 p.m.
The next Regular meeting of the Planning Commission is scheduled for December 5,
2017, at 6:00 p.m. at City Hall, Council Chambers, 6500 Palma Avenue, Atascadero.
MINUTES PREPARED BY:
____________________________
Annette Manier, Recording Secretary
Administrative Assistant
5
C I T Y O F A T A S C A D E R O
COMMUNITY DEVELOPMENT DEPARTMENT
6500 PALMA AVE., ATASCADERO, CA 93422 (805) 461-5000 FAX (805) 461-7612
ITEM NUMBER: 2
DATE: 12-5-17
DRAFT
Planning Commission Meeting Schedule 2018
MEETING DATE MEETING TYPE TIME LOCATION:
Historic City Hall
6500 Palma Ave.,
Atascadero CA 93422
January 2 Regular 6:00 p.m.
“
January 16 Regular 6:00 p.m.
“
February 6 Regular 6:00 p.m. “
February 20 Regular 6:00 p.m.
“
March 6 Regular 6:00 p.m.
“
March 20 Regular 6:00 p.m.
“
April 3 Regular 6:00 p.m.
“
April 17 Regular 6:00 p.m.
“
May 1 Regular 6:00 p.m.
“
May 15 Regular 6:00 p.m. “
June 5 Regular 6:00 p.m. “
June 19 Regular 6:00 p.m.
“
July 3 Regular 6:00 p.m. “
July 17 Regular 6:00 p.m.
“
August 7 Regular 6:00 p.m. “
August 21 Regular 6:00 p.m.
“
September 4 Regular 6:00 p.m.
“
September 18 Regular 6:00 p.m. “
October 2 Regular 6:00 p.m.
“
October 16 Regular 6:00 p.m. “
November 6 Regular 6:00 p.m. “
November 20 Regular 6:00 p.m. “
December 4 Regular 6:00 p.m. “
December 18 Regular 6:00 p.m. “
Adopted ___/___/___
t:\~ planning commission\pc meeting schedule\2 - draft pc meeting schedule 2018.sf.docx
6
ITEM 3 | 12/5/2017
Principal Mixed-Use Planned Development Amendment
PLN 2014-1519 / ECR Principal, LLC
Atascadero Planning Commission
Staff Report – Community Development Department
PLN 2014-1519
CUP 2002-0071 Amendment/ Tentative Tract Map 3070/ ZCH 2017-0187
Principal Mixed-use Planned Development Amendment
RECOMMENDATIONS:
Design Review Committee and Staff recommend Planning Commission adopt:
1. PC Resolution 2017-A, recommending the City Council approve an Addendum to
Certified Mitigated Negative Declaration No. 2015-0001; and,
1. PC Resolution 2017-B, recommending the City Council approve Zone Text
Amendments to an adopted Planned Development Overlay Zone (PD-24) (ZCH
2017-0187); and,
2. PC Resolution 2017-C, recommending the City Council approve amendments to
Conditional Use Permit 2003-0117 (Master Plan of Development) based on
findings and subject to Conditions of Approval and Mitigation Monitoring; and,
3. PC Resolution 2017-D, recommending the City Council approve a 2017 Vesting
Tentative Subdivision Map (Tract 3070, TTM 2014-0107/2017), based on
findings and subject to Conditions of Approval and Mitigation Monitoring.
REPORT-IN-BRIEF:
The project consists of an amendment to a previously approved mixed-use Planned
Development (PD#24) at the corner of El Camino Real and Principal Avenue. A new
subdivision (Tentative Tract) Map is proposed to allow a total of 27 detached units, 9
attached multi-family units, and 6 live-work units. A car wash was previously approved
by City Council in 2015 within the PD24 project area, and is proposed to remain
unchanged with this amendment. One (1) a new 8,111 sq. ft. commercial lot is
proposed on El Camino Real for future development. Modifications to the site design,
building designs, and Conditions of Approval are proposed by the applicant. The DRC
reviewed the project on XX and XX and ultimately endorsed the amendments.
7
ITEM 3 | 12/5/2017
Principal Mixed-Use Planned Development Amendment
PLN 2014-1519 / ECR Principal, LLC
Project Info In-Brief:
PROJECT
ADDRESS:
9105, 9107, 9109 Principal
Ave, 9300 Pino Solo Atascadero, CA APN 030-491-001;
013; 019; 020
PROJECT
PLANNER
Callie Taylor,
Senior Planner (805)470-3448 ctaylor@atascadero.org
APPLICANT Barry Ephraim, ECR Principal, LLC
PROPERTY
OWNER ECR Principal, LLC and Principal Partners, LLC
GENERAL PLAN
DESIGNATION: ZONING DISTRICT: SITE
AREA EXISTING USE PROPOSED
USE
Medium Density
Residential
(MDR), General
Commercial (GC
Residential Multi-
Family (RMF-10),
Commercial Retail
(CR), PD-24 (Planned
Development #24)
5.25 acres
Vacant
structure
approved for
demolition
Mixed-use
Planned
Development
(42 units)
ENVIRONMENTAL DETERMINATION
☐ Environmental Impact Report SCH: ___________________________
☒ Negative / Mitigated Negative Declaration No. 2015-0001 Addendum
☐ Categorical Exemption CEQA – Guidelines Section ____
☐ Statutory Exemption §§ 21000, et seq & ________________________
☐ No Project – Ministerial Project
DISCUSSION:
Existing Surrounding Uses / Parcel Configurations:
Existing Zoning Existing Aerial / Surrounding
8
ITEM 3 | 12/5/2017
Principal Mixed-Use Planned Development Amendment
PLN 2014-1519 / ECR Principal, LLC
North: South: East: West:
Residential Single-
Family (RSF-Y) /
Commercial Retail
(CR) / Gusta Rd
Residential Multi-
Family (RMF-20) /
Commercial Retail /
Principal Avenue
Residential Single-
Family (RSF-Y)
Commercial Retail
(CR) / El Camino
Real
Project History
The “Principal Mixed-use” project (GPA 2003-2008/ TTM 2003-0044/ ZCH 2003-0070/
CUP 2003-0117) was originally reviewed and approved by the City Council in October
2004, with a certified Mitigated Negative Declaration and a site specific Planned
Development Overlay Zone (PD-24). The 5-acre site was originally zoned as
Commercial Retail prior to 2003, but was changed by the City Council through the
General Plan Amendment to allow a horizontal mixed-use and residential Planned
Development. An amendment to add the adjacent site at 93 00 Pino Solo to the Planned
Development (TTM 2005-0068/CUP 2005-0155) was approved by the City Council in
May 2005.
Summary – Original project:
9105 Principal Avenue Portion (approved 2004)
16 duplex units
24 triplex units
5 residential mixed-use units (live-work units)
45 Residential Units total
16,550 sq. ft. Commercial space (Commercial building and live-work units)
9300 Pino Solo Avenue Portion (approved 2005)
4 duplex units (in addition to the 45 units approved in 2004)
A second project amendment was approved by the City Council in May 2015 to modify
the site plan, housing unit count and type, and to reduce the commercial portion of the
project. The project approval currently includes the following components:
Summary – 2015 project amendment:
9105 Principal Avenue and 9300 Pino Solo Avenue (approved 2015)
20 single-family residences
12 duplex units
5 residential mixed-use units (live-work units)
37 Residential Units total
3,215 sq. ft. first floor commercial (live-work units)
Carwash (1,945 sq. ft.) on a 12,495 sq. ft. lot
The Design Review Committee discussed the current project amendment on August 24,
2017. The DRC made recommendations for modifications to the proposed project, and
agreed to move the proposal on for Planning Commission consideration with
9
ITEM 3 | 12/5/2017
Principal Mixed-Use Planned Development Amendment
PLN 2014-1519 / ECR Principal, LLC
incorporation of changes. DRC direction on each project component is included in the
analysis below. Since the August 2017 DRC review, the applicant has worked with City
staff to make several modifications to the project proposal for consideration by the
Planning Commission.
Project Description / Summary
A new owner/applicant has purchased a portion of the Principal mixed-use project site
and has re-evaluated the project’s economic feasibility. The applicant is proposing to
amend the project to include changes to the housing product type, site plan, tentative
tract map, Planned Development overlay zoning code text, and Conditions of Approval.
The applicant is proposing a mix of small lot single-family detached, attached (triplex),
and live-work units on individual lots with an increase to include a total of 42 residential
dwelling units.
Summary of current 2017 amendment proposal:
27 detached residential units, 3-bedrooms and 4-bedrooms each; (27 units)
3 tri-plex buildings, 3-bedrooms in each unit; (9 units)
1 six-plex mixed-use building (live-work units)
Total: 42 Residential Units
Six 400 sq. ft. commercial/office spaces in live-work units (2400 sf total)
Carwash (1,945 sf) on a 16,646 sf commercial lot
New 8111 sq. ft. commercial parcel
Modifications and condition changes proposed by the applicant include the following:
o Unit count increase from 37 to 42 residential units
o Commercial live-work office space decrease from 3,215 sq. ft. to 2,400 sq. ft.
o One (1) new 8111 sq. ft. commercial lot added
o Increase percentage of detached units, eliminate duplex buildings, include 3
triplex buildings
o One 3-story six-plex live-work building on Principal Ave, 39’ in height, setback 5’
from back of sidewalk (height & setback exceptions requested)
o Residential floor plans & elevations modified (4 units redesigned with wrap
around porches for enhanced public street frontage. Detached unit floor plans
“squared up” to increase internal sq. ft. and eliminate elevation pop outs)
o Internal streets narrowed; driveways lengthened, additional parking provided
o Eliminate decorative pavers on internal street courts & driveways
o Modified landscape & fencing plans (enhanced public street frontages)
o Basins & drainage plan modified (swales & shallow unfenced basins designed)
o Request waiver from requirement to underground some overhead utility lines
o Modification to affordable housing requirement requested
10
ITEM 3 | 12/5/2017
Principal Mixed-Use Planned Development Amendment
PLN 2014-1519 / ECR Principal, LLC
Analysis:
The applicant is proposing to amend a previously approved site specific Planned
Development (PD-24.) The Planned Development Overlay allows for deviation in the
City’s standards for setbacks, heights, parking, etc. in exchange for project benefits that
have been established by the City Council. The currently requested project
modifications can be approved by City Council through the Pla nned Development
Overlay Zoning, if Council determines that findings have been met for approval.
The applicant is proposing a total of 42 residential units, which is consistent with the
RMF-10 zoning density allowances. A density bonus is not being requ ested. A PD-24
zone text change, new tentative subdivision map, and Master Plan of Development
amendment are required to increase the unit count within the project.
Principal Mixed-Use 2017 Amendment Site Plan Proposal
Primary
residential
access
Mixed-Use
live-work
units,
6-plex
building
Previously
approved
Car Wash
27 detached units
3 Triplex
buildings
Landscaped Drainage Area
Open Space or Recreation Area
Existing
ephemeral
drainage swale
New 8111 sf
commercial
parcel
Landscaped public
street frontages,
with front porches
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PLN 2014-1519 / ECR Principal, LLC
Site Design: Access, Internal Streets, & Parking
The internal street layout locations and public road connections are consistent with the
previously approved project design. Access to the project is proposed from two
locations on Principal Avenue. The primary commercial (carwash) access is located off
of a new driveway nearest to the Principal Avenue / El Camino Real intersection. The
second access point, “Street A”, is the primary street for residential access. Street “A”
ends in a cul-de-sac with center landscape circle to preserve existing native trees.
Internal “Street B” connects to the commercial carwash parcel, and dead ends at Pino
Solo due to a 2-foot grade difference this location. Neither vehicular nor pedestrian
access is provided from “Street B” to Pino Solo. Two additional internal project streets
(“Court 1” and “Court 2”) provide access to proposed residential units.
The applicant has redesigned the width of internal streets within the project to narrow
the pavement from 24 feet to 20 feet in width. A 20-foot road width meets the Fire
Department’s minimum standards for emergency access. Narrowing the streets allows
the private driveways on each lot to be lengthened from 18 feet to 20 feet to provide
ample guest parking in each driveway. Sidewalks are also proposed to be slightly
widened in comparison to the previous plan. The DRC discussed the street width and
driveway length changes and were in support of the proposed modifications.
Additional internal on-street parking spaces have been added in parking alcoves
throughout the site. The proposed site plan includes 75 covered parking spaces in
private 1 and 2 car garages, 70 parking spaces in private driveways, 20 on-street guest
spaces in the residential portion, and 19 parking spaces in the commercial and live-work
portion of the site. Motorcycle parking and bike racks are also provided. The proposed
parking meets and exceeds Municipal Code parking requirements for the multi-family
and commercial development. A total of 184 spaces are provided on-site (when
driveway parking is counted), whereas only 128 spaces are required per Municipal
Code requirements.
The surface material of the internal streets and private driveways is proposed to be
modified with the current project amendment. T he previous 2015 project approval
required the use of pavers or decorative concrete throughout the project site, including
on internal street “courts” and on all private driveways. The pavers provided a dual
purpose of meeting both high quality design standards for the Planned Development, as
well as reducing post-construction storm water run-off as required by the Regional
Water Quality Control Board (RWQCB). Pavers or decorative concrete are often used
in Planned Developments to create a courtyard feeling on internal streets, and to help to
make the finding of high quality site design as required for approval of a Planned
Development.
Due to a redesign of the storm water and drainage plan for the project, permeable
pavement is no longer necessary to meet drainage requirements for the project. The
applicant has proposed to modify the project requirements and reduce the areas of
pavers. Pavers and decorative concrete are more costly to install than asphalt, and can
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be costly to replace if utility lines are placed beneath the roads or driveways. DRC
discussed the aesthetic impact that would result from the requested change, and
recommended that pavers be used in select areas of the site where it would have the
most visual impact.
The applicant is currently requesting that pavers only be used on pedestrian street
crossings, on-street parking areas, and at the main residential vehicular access
entrance point near Principal Avenue. The Master Plan of Development exhibits have
been updated with the applicant’s current proposal and are included in Attachment 8
(CUP Resolution.)
Stormwater, Drainage Swales, & Basins
Several changes are being proposed related to the stormwater and drainage plans in
order to enhance the site design. The drainage basins have been redesigned to be
shallow enough to eliminate the need for perimeter safety fencing. This has significantly
improved the visual impact of the project’s storm b asins. Conditions of Approval have
been included to ensure the basins are adequately landscaped. The basins will now
visually connect with adjacent open space areas and the existing ephemeral swale, and
will provide an opportunity for potential passive recreation areas.
The project engineer has determined that the large storm water basin, previously
designed to be located adjacent to El Camino Real, is no longer necessary. This basin
has been eliminated from the current Project proposal and replaced with a new
commercial parcel to provide for future development opportunity.
The underground infiltration systems of the previous project design have been replaced
with bio-swales throughout the site to convey and infiltrate water . The bio-swales will be
landscaped by the project developer and will need to be maintained by homeowners or
the HOA. The proposed project amendments conform to Post-Stormwater Construction
requirements established by the Central Coast Regional Water Quality Control Board
(RWQCB).
Landscape, Fencing, & Open Space
Three open space lots are included with the proposed site plan , consistent with the
previous project approval. A tot lot with play equipment and seating is located at the
center of the development, and passive open space areas are located at outer ends of
the development. The redesigned drainage basins will also be able to be dually utilized
for open space or passive recreation areas now that they are redesigned to be shallow,
unfenced basins.
An updated fencing plan is proposed by the applicant. Fenced backyards are provided
for all of the single-family and triplex units. Conditions of Approval are included with the
attached CUP resolution to require minimum 5 -foot setbacks to any solid fences along
internal project streets or open space areas, and 10-foot minimum setbacks to any
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public street. Fences are proposed with high quality design, including trim caps on the
wood fences.
The applicant has worked extensively with City staff over the past several months to
redesign the fencing, landscape, and front porches on Lots 1, 2, and 3 in order to
enhance the public street frontages on Pino Solo and Principal Ave. The previous
project design turned its back on the public street, with solid 6-foot fences and minimal
landscape setbacks along these public street frontages. The applicant has redesigned
Lots 1 and 2 to include a new housing product with a front porch and main entry facing
Principal Avenue. Lots 3 and 7 have been updated t o include wrap around porches on
the street facing side elevations. Solid fencing has been pulled back to provide
minimum 10-foot landscaped front and corner yard setbacks adjacent to the public
sidewalk. Porches are proposed to be located up to 5-feet from the back of the
sidewalk on Pino Solo. Landscape now wraps the street frontages at the corner of Pino
Solo and Principal Avenue, as well as the project’s residential vehicular entry to Street
“A.” The proposed changes to fencing and landscape on these lots are a significant
improvement to the overall project and will greatly improve the interaction between the
project and the surrounding neighborhood.
Corner of Pino Solo & Principal Avenue
Fences pulled
back behind front
façade of house
Large front porch
facing Principal
Ave. & Pino Solo
Wrap around
porch on Pino Solo
side elevation
Fences pulled
back behind front
façade of house
Large front porch &
landscaped front
and side yard facing
Principal Ave. &
project entry street
Wide landscaped
street frontages
Wide landscaped
street frontages
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Native Tree Removals
Six (6) native trees totaling 149 inches of native coast live oak and blue trees were
previously approved for removal at this site with previous project proposals. An updated
arborist report has been completed for the new site design. The arborist has
determined that no additional tree removals will be required. The 6 native oak trees will
be removed and mitigated as previously approved by City Council.
Undergrounding of Utility Lines
The applicant is requesting relief from the project CUP and TTM conditions which
require that all existing overhead utilities along project frontages be placed
underground. The applicant requests that existing poles on the El Camino Real
frontage, and poles and guy wires at the corner of Principal and El Camino Real, be
permitted to remain due to the cost associated with undergrounding these lines. In
addition, an existing overhead line and power pole near project Lot 13 is proposed to be
relocated to make room for a residential dwelling, but is proposed by the applicant to
remain above ground due to the ephemeral drainage swale in this area. Permits from
agencies such as Fish and Wildlife and Regional Water Quality Control Board would be
required to underground the utility line at this location. Pole locations and utility lines
proposed for relief from the undergrounding requirement are identified in the exhibit
below.
The applicant has stated that the requirement to underground at these locations is cost
prohibitive. The applicant estimates that it would cost more than $300,000 to
underground the PG&E, AT&T, and Charter utility lines at these locations. The AT&T
lines are fiber and the nearest fiber splice points are far beyond the project’s frontage.
City Public Works staff has met with representatives from AT&T and PG&E , who have
described the significant amount of work and cost that would be involved with
undergrounding this section of overhead lines on El Camino Real.
Undergrounding of utilities is a standard City code requirement for all new construction,
and is specifically included as a Condition of Approval on all Planned Developments.
The DRC discussed the applicant’s request for relief and agreed that the special
circumstances in this situation make undergrounding especially burdensome for this
site. The DRC directed staff to look into alternatives such as payment of an in-lieu fee
or installation of conduit for future undergrounding.
Staff has included a revised Condition of Approval, and made draft modifications to the
PD 24 zoning code text, to allow these specific utility lines to remain above ground, as
identified in the utility plan exhibit. In lieu of undergrounding, the revised condition
requires that conduit be installed along the project’s frontage on El Camino Real so that
in the future, should a financing source become available for undergrounding, the
project will have made a contribution towards the undergrounding. Installing the conduit
now may help prevent the frontage improvements at this location from being disturbed
for underground trenching in the future.
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Overhead Utility Line Exhibit
Exceptions to Undergrounding Requested by Applicant
Proposed lines to remain overhead
(relief from requirement to underground with development)
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Residential Elevations / Architectural Design
Design Review Committee provided comments on the proposed elevations at the
August 2017 review of the proposed project. DRC recommended that the elevations be
enhanced with additional architectural elements, and directed the applicant to work with
Staff to identify opportunities to improve the facades.
Since the DRC review, the applicant made major revisions to the housing designs,
elevations, and landscape and fencing plans on Lots 1, 2, 3, and 7. The lots on
Principal Avenue have been redesigned to face the public street frontage and include
large front porches. Wrap around porches have also been added on corner Lots 3 and
7 to enhance these highly visible side elevations. The se positive changes to these four
lots will make a tremendous impact as to how the neighborhood views the proposed
project from Principal and Avenue and Pino Solo.
Elevations facing Principal and Pino Solo
have been significantly improved with wrap around porches
The elevations and floor plans proposed for the rest of the residential detached units are
similar to the previously approved project designs. The primary change being proposed
with the current amendment is the applicant’s proposal to “square up” the floor plans on
the single-family units to increase the internal square footage of the units. In doing this,
the floor plan become square boxes, and the architectural delineation and depth
variation on the side and rear elevation s is eliminated. The buildings become square
boxes with two-story flat walls, rather than 4-sided architecture as previously approved
and required in 2015.
In order to add visual enhancements to the flat two-story side and rear walls of the
detached units, the applicant has proposed material enhancements on select, visible
location elevations throughout the development. Enhancements include lap siding on
the lower half of the enhanced elevations, and a modified pop out and roofline change
on the enhanced Plan 12 model. Upgraded garage doors have also been proposed.
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In order to approve a PD-24 Master Plan of Development amendment, the Planning
Commission and City Council must make findings that the proposed project provides
“high quality architectural” design to warrant the PD overlay. The Commission may
determine that the “squared up” floor plans and elevations meet the Planned
Development findings, or the Commission may make recommendations regarding
architectural changes to the floor plans and elevations if deemed necessary to comply
with Planned Development benefit requirements.
A color board has been provided by the applicant. The colors proposed are consistent
with the City’s appearance review manual. Staff has included a Condition of Approval
to reduce the number of colors used on the 6-plex building to create a more harmonious
color scheme.
Proposed Single-family elevations
Proposed Tri-plex Elevations
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Live-Work Units (Principal Ave.)
The previously approved 2015 PD-24 project included a total of 3,215 square feet of
first floor commercial space in the 6 live-work units on Principal Avenue. The
applicant’s proposed floor plans provide 400 square feet of commercial space in each
unit, with a total of 2,400 sq. ft. of total commercial space in the live-work building.
Residential entrances have been added to the Principal Avenue side of the building
mixed use building, which makes the first-floor elevation confusing with a mix of 12
commercial and residential doors on this single building frontage. Staff recommends
Conditions of Approval be included to require design modifications at time of building
permit submittal to enhance the first floor of the 6-plex building. In order to be a viable
commercial office frontage, the first floor needs to be articulated with storefronts,
signage, awnings, and windows to architecturally reflect a commercial space. Staff also
recommends that a deed restriction be recorded to maintain the first-floor commercial
component, and the units be constructed per Building Code to ensure that the
commercial option is available for a true live-work mixed-use product.
Proposed Principal Ave. Elevation for 6-plex Live-work Unit Building
Height Exception Request
A 3-story live-work building is proposed on Principal Avenue, and would include 6
commercial/office units on the first floor and 6 residential units on the upper two floors.
The applicant is requesting a height exception to increase the building height of the live-
work units on Principal Avenue to 39 feet to allow for a three -story building. The live-
work units are located on an area of the site zoned as Commercial Retail, which has a
height limit of 35 feet. The height limitations in the code can be modified through
Conditional Use Permit approval provided that the Planning Commission finds the
waiver will not result in detrimental effects to adjoining properties.
The new 3-story 6-plex building is proposed to have a 5 -foot setback from the back of
sidewalk on Principal Avenue. Standard Municipal Code setbacks for residential uses
or commercial uses on residential streets require between a 10 to 20 foot setback
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depending on the zoning and adjacent uses. Reduced setbacks can be approved
through the Planned Development overlay and Master Plan of Development. The
previously approved 2015 Principal mixed-use project included two (2) two-story duplex
buildings at this location on Principal Avenue, and the duplexes were setback
approximately 10 feet from back of sidewalk. The current 2017 6-plex proposal will
have much larger massing and increased height, and will be located closer to Principal
Avenue.
The DRC reviewed the design, height, and setbacks of the proposed 6 -plex building at
the August 2017 DRC meeting and did not have any objections to the height or
setbacks proposed by the applicant.
Commercial Parcels
The commercial carwash at the corner of Principal and El Camino Real is proposed to
be constructed as it was approved by City Council in 2015. No changes to this parcel or
the carwash site improvements are proposed with this project amendment. Building
permits shave been submitted for the drive-through carwash and the owner plans to
begin construction soon.
One (1) new commercial parcel is being proposed on El Camino Real in place of one of
the previous drainage basins. The proposed parcel is 8111 sq. ft. in size. The applicant
does not currently have plans for construction of this parcel, but wanted to increase the
commercial area within the project to bring the development closer in line with the City’s
Mixed-use Development Policy, and provide additional commercial opportunities along
the City’s major commercial arterial road. The parcel is located adjacent to the
ephemeral drainage swale on site, which may limit future development area to a small
portion of the parcel. The parcel will be available for a future small commercial / retail
type use.
City staff has included Conditions of Approval with the attached resolutions to ensure
adequate review of the future development of this 8111 sq. ft. commercial lot. The
Public Works Department has concerns regarding driveway access at this location of El
Camino Real, and therefore future development of this lot will be required to utilize
existing driveways on El Camino Real or Principal Avenue. Design Review Committee
review, as well as City Engineer approval of access to the new lot, will be required for
the newly created parcel prior to building permit submittal for any future use.
Traffic & Frontage Improvements
Frontage improvements for the amended project shall be consistent with previous
project approvals for this development. A traffic impact report was completed for the
project in 2015 in conjunction with the Mitigated Negative Declaration. The traffic study
indicated that the following would need to be implemented to reduce traffic impacts
created by the proposed development:
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• Dedicated Left turn lane onto El Camino Real from Principal Avenue;
• Dedicated Right Turn Lane onto El Camino Real from Principal Avenue;
• On-street parking restrictions at corner of Principal Avenue near El Camino Real
intersection to improve sight distance lines for vehicles.
The Principal Avenue Right-of-Way is 60-feet wide. Currently, 32-feet of Principal
Avenue has been constructed, which includes a sidewalk and two 12 -foot travel lanes,
and an 8-foot parking lane adjacent to existing development. The proposed
development would widen Principal Avenue to full right-of-way build out from Pino Solo
Avenue to El Camino Real, which is reflected in the tentative subdivision map.
Proposed improvements include additional paved shoulders and a sidewalk. On-street
parking will be made available on portions of Principal Avenue in front of the live-work
units and the residential units, but will not be allowed near the E l Camino Real
intersection.
A supplemental traffic analysis has been completed for the proposed 2017 project
amendment. The project engineer determined that the additional five residential units
proposed would add 34 daily trips, including two AM peak hour trips and three PM peak
hour trips. The report states that this is an insubstantial increase in traffic and would not
degrade the level of service of any of the intersections studied. The traffic engineer
determined that the findings and recommendations included in the 2014 traffic report
and certified Mitigated Negative Declaration for the project are adequate for the
currently proposed project. No additional traffic recommendations are warranted.
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Principal Mixed-Use Planned Development Amendment
PLN 2014-1519 / ECR Principal, LLC
Planned Development Policy
The Planned Development Benefit Policy was established by the City Council in 2004. It
requires that Planned Development Projects offer community benefits in exchange for
modified development standards. The benefit chart is shown below.
PD Location Tier 1 Benefits Tier 2 Benefits
Inside of Urban Core
PD-7
PD-17
Custom PD’s
a) Affordable / Workforce Housing
b) High Quality Architectural Design
c) High Quality Landscape Design
d) Buffering between Urban and
Suburban zones (large lot sizes,
increased setbacks, landscape
buffers, etc.)
e) Higher density to meet Housing
Element goals
a) Pocket Parks in larger projects
b) Trails / Walkways for Pedestrian
Connectivity
c) Historic Preservation
Outside of Urban Core
Rural / Suburban Areas
PD-16
Custom PD’s
a) Natural Open Space Preservation a) Multi-Purpose Trails – Equestrian /
Bicycle / Pedestrian
b) Recreational Areas / Facilities
c) Historic Preservation
Findings related to the required project benefits are included in the attached draft
resolutions. The Planning Commission and the City Council must find that the amended
project provides all Tier 1 benefits, including high quality landscape and architectu re
and affordable housing, in order to approve the Planned Development amendment
currently proposed.
Inclusionary Housing
The City Council has an interim inclusionary affordable housing program that requires a
fixed percentage of units within residential developments that require a legislative
approval to be reserved as deed restricted affordable units. Providing affordable
housing is also one of the mandatory Tier 1 benefits of the City Council’s Planned
Development Policy.
The City Council inclusionary policy requires that planned development projects of 10
units or more are to provide 20% of the units as deed restricted affordable housing
within the project site. Units must be mixed throughout the develo pment, and a phasing
plan must be approved to show that the affordable units will be constructed at the same
time as the market rate units. The Council policy allows alternatives to the affordable
housing requirements, which include off-site construction of affordable units or land
dedication. Projects of 11 or more units must build units or receive a Council approval
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to pay in-lieu fees. The complete Council inclusionary policy is included as Attachment 3
of this staff report.
The previous 2015 Principal mixed-use project was approved for 37 residential units;
therefore, Conditions of Approval required construction of 7 affordable units within the
project development, and payment for the remaining 0.40 fraction of a unit with in-lieu
fees. Based on the 20% affordable City Council policy requirement, the current project
proposal for 42 units is required to provided 8 affordable units on site, and provide for
the remaining 0.40 fraction of a unit with in-lieu fees.
2017 Principal Mixed-use Requirements – Inclusionary Housing Policy
Inclusionary Housing Council Policy Required
Multi-Family Residential Units 42 Units
20% Affordable 8.40 Units
Affordable Distribution
20% Very Low Income 1.68 Units 2 Units
37% Low Income 3.11 Units 3 Units
43% Moderate Income 3.61 Units 3 Units
Remainder in-lieu fee at 5% of
construction valuation
0.4 units
Total Units 8.40 Units 8.4
The Project applicant has provided an alternative housing proposal for Planning
Commission and City Council consideration. The applicant would prefer to pay in-lieu
fees towards affordable housing, rather construct the required units on site. The
applicant is proposing an alternative plan which includes construction of 3 affordable
units, to be located on lots 29, 36, and 37 (2 triplex units and 1 live-work unit.) The
applicant proposes to construct the affordable units at the end of the project. All 27
detached units would be built first, then the affordable units would be provided with the
attached unit product in the last phases of the development. Additional requests for
modifications to the standard affordable housing policies are described in the applicant’s
proposal (see Attachment 2.)
The applicant has provided cost analysis with his proposal which shows that the cost to
the developer is much higher for construction of on-site affordable units, versus
payment of in-lieu fees. Based in the developer’s analysis, it would cost approximately
$1,100,000 to construct the 8 affordable units, whereas payment of a 5% in-lieu fee
would cost about $430,000.
When considering alternative plans for consistency with the requirements of the
Council’s inclusionary policy, it is important to note that most of the affordable housing
built within the City of Atascadero has been made available through the inclusionary
housing policy requirements with planned developments. Approximately 310 deed
restricted affordable housing units have been constructed in Atascadero since 2000.
About 124 of those units were created through Planned Developments which were
required to provide on-site affordable housing. The production and availability of low
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and very-low income units provided through this policy are vital in meeting the State
Regional Housing Needs Allocation requirements for affordable housing.
Based on the current Council inclusionary policy, the project applicant’s affordable
housing proposal for the Principal mixed-use amendment does meet the Council’s
adopted requirements. City staff has included Conditions of Approval consistent with
Council policy in the attached Draft Resolutions. The conditions require 2 very-low
income units, 3 low income units, and 3 moderate income units to be provided on the
project site. If Planning Commission decides to recommend an alternative inclusionary
housing plan to City Council for adoption with this project amendment, CUP and TTM
condition 19 should be modified to reflect the Planning Commission’s preferred plan.
City Council Mixed-use Policy:
In June 2004, the City Council established the following policy requirements for mixed-
use projects:
1. Implement the Taussig Study on the residential portion;
2. Require commercial to be constructed before or simultaneously with the residential
portion. Commercial permit(s) must be obtained first and the first permit to be finaled in
the project shall be the commercial permit(s); and
3. Require at least 50% of the project to be commercial. The commercial component
cannot include mini-storage or other non-sales tax producing uses, including office.
These policies applied to new mixed-use project applications requiring General Plan
Amendments. The originally approved Principal mixed-use project did not meet the City
Council’s 3rd condition, but a finding was made and the project was approved in 2004.
The previously approved 2005 project devoted approximately 16% of the site to
commercial development with the remaining 84% comprised of residential and
recreational land uses. The 2015 amendment further reduced the amount of commercial
uses from 16% to 5% of the total site uses. The commercial component included non-
sales tax producing uses including office and a carwash.
The current 2017 amendment proposal adds one new 8111 sq. ft. commercial parcel to
the project, thereby potentially increasing the percentage of the project devoted to
commercial uses. Minor reductions to the commercial office spaces within the live-work
units are proposed to reduce the first floor office square footage from 3200 sq. ft. to
2400 sq. ft. The DRC discussed this proposed change to the live-work offices, but
determined that this area is not a prime street frontage for commercial space, and felt
that reducing commercial square footage at this location would not be detrimental to the
City.
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Tentative Tract Map
A new 52-lot Vesting Tentative Subdivision Map (TTM 2014-0107/2017, Tract 3070) is
proposed as a part of the current project amendments. The Vesting Tentative Map has
been conditioned by Staff to meet City standards, with the exceptions as analyzed
above. The applicant will be required to record CC&R’s with the final map that will
include maintenance provisions for drainage areas, open spaces, etc . throughout the
proposed development as needed.
Proposed Planned Development Overlay 24 Amendment:
The proposed project amendment application requires amending the Planned
Development #24 code text in the Municipal Code order to modify the unit count and
project requirements of the PD-24. The proposed amendments to the Planned
Development overlay text will allow for the development and uses, as conditioned, on
the subject site. These proposed amendments are included as a part of Attachment 6
(Draft Zone Change PC Resolution.)
Conclusion
The Principal mixed-use Planned Development Project will provide 42 housing units and
commercial opportunities on a currently vacant and underutilized site. The applicant is
proposing modifications to the previously approved project to meet current housing
markets demands, provide cost savings opportunities, and include enhanced site,
landscape and public street frontage designs.
City staff and the DRC recommend the Planning Commission approve Draft PC
Resolutions A-D, recommending the Planning Commission move this project to the City
Council for approval as conditioned.
ENVIRONMENTAL DETERMINATION:
As lead agency, the City of Atascadero prepared a Mitigated Negative Declaration for
the revised project in 2015 in compliance with the California Environmental Quality Act
(CEQA) (Public Resources Code, section 21000 et seq.) and the State CEQA
Guidelines (California Code of Regulations, Section 15000 et seq., as amended). The
environmental analysis identified concerns regarding potential impacts to aesthetics,
noise, biological resources, air quality, water quality, and traffic. Mitigation measures
pertaining to these resources were included. A finding was made that the project would
not have a significant effect on the environment based upon the implementation of the
identified mitigation measures. The City Council certified Mitigated Negative Declaration
(MND) No. 2015-0001 in conjunction with project approvals at a public hearing on May
26, 2015.
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Although there have been no substantial changes to the project that introduce new
project impacts, an addendum has been prepared to identify the revised project and
describe new information. None of the conditions described in CEQA Guidelines
Section 15162 calling for preparation of a subsequent MND have occurred. The
proposed project changes do not constitute substantial changes to the project or the
circumstances due to the involvement of new significant environmental effects or a
substantial increase in the severity of previously identified significant effects. Similarly,
neither subsequent considerations by the applicant, nor statutory changes regarding
traffic analysis changes constitute new information that would show new effects or
substantially more severe effects. A supplemental traffic study has been prepared by
the applicant’s transportation engineer, which states that the original mitigation
measures included in the 2015 MND are still recommended, and with those
incorporated, the proposed project amendments with not degrade the level of service at
any of the study intersections. T here have been no other changes, evidence or new
information which would require revisions to the previous MND. Because none of the
criterion in CEQA Guidelines section 15162 has been met, an addendum is appropriate
and is provided in Attachment 6 of this Staff Report.
FINDINGS:
To recommend approval of the proposed project amendments, the following are findings
required to be made by the Planning Commission. Findings and the facts to support
these findings are included in the attached resolution s (Attachments 6, 7, 8, and 9).
Planned Development Overlay Text Amendments
As specified in the City’s General Plan and Zoning Ordinance, the following specific
findings for the proposed Zone Change must be made to approve a Zone Text Change,
including the proposed amendment to the Planned Development Overlay:
1. The proposed project or use is consistent with the General Plan Goals, Policies,
and Programs and the overall intent of the General Plan ; and,
2. The proposed project or use will not be inconsistent with the character of the
immediate neighborhood or contrary to its orderly development; and,
3. The establishment, and subsequent operation or conduct of the use will not,
because of the circumstances and conditions applied in the particular case, be
detrimental to the health, safety, or welfare of the general public or persons
residing or working in the neighborhood of the use, or be detrimental or injurious
to property or improvements in the vicinity of the use; and,
4. The proposed zone change will not create any new significant and unavoidable
impacts to traffic, infrastructure, or public service impacts; and,
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5. The proposed zone change is consistent with the project-specific Mitigated
Negative Declaration; and,
6. Modification of development standards or processing requirements of the zoning
ordinance through the PD overlay is warranted to promote orderly and
harmonious development; and,
7. Modification of development standards or processing requirements of the zoning
ordinance through the PD overlay will enhance the opportunity to best utilize
special characteristics of an area and will have a beneficial effect on the area ;
and,
8. Benefits derived from the Planned Development overlay zone cannot be
reasonably achieved through existing development standards or proce ssing
requirements; and,
9. Proposed plans offer certain redeeming features to compensate for requested
modifications of the Planned Development Overlay zone.
Conditional Use Permit Amendment (AMC Section 9-2.110(b).(3).(iv)
A Master Plan of Development is required for the Planned Development in the form of a
Conditional Use Permit. The approved Master Plan of Development sets development
standards related to architectural design, site design, landscape, signage, and specific
development standards required by the Zoning Ordinance. The City Council must make
the following findings to approve the proposed Master Plan of Development
amendments:
1. The proposed project or use is consistent with the General Plan and the City’s
Appearance Review Manual; and
2. The proposed project or use satisfies all applicable provisions of the Zoning
Ordinance, including the Planned Development Ordinance; and,
3. The establishment, and subsequent operation or conduct of the use will not,
because of the circumstances and conditions applied in the particular case,
be detrimental to the health, safety or welfare of the general public or persons
residing or working in the neighborhood of the use, or be detrimental or
injurious to property or improvements in the vicinity of the use; and,
4. The proposed project or use will not be inconsistent with the character of the
immediate neighborhood or contrary to its orderly development; and,
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5. The proposed use or project will not generate a volume of traffic beyond the
safe capacity of all roads providing access to the project, either existing or to
be improved in conjunction with the project, or beyond the normal traffic
volume of the surrounding neighborhood that would result from full
development in accordance with the land use element; and,
6. The Master Plan of Development standards or processing requirements will
enhance the opportunity to best utilize special characteristics of an area and
will have a beneficial effect on the area; and,
7. The proposed project is in compliance with any pertinent City policy or criteria
adopted by ordinance or resolution of the City Council; and,
8. The requested height waiver exception will not result in substantial
detrimental effects on the enjoyment and use of adjoining properties, and the
modified height will not exceed the lifesaving equipment capabilities of the
Fire Department.
Tentative Subdivision Map
The following findings must be made for approval of the proposed vesting tentative
subdivision map (TTM 2014-0107, Tract 3070 / 2017):
1. The proposed subdivision, together with the provisions for its design and
improvement, is consistent with the General Plan and applicable zoning
requirements, including provisions of the PD-24 Overlay District. (Government
Code§§ 66473.5 and 66474(a) and (b)); and,
2. The proposed subdivision, as conditioned, is consistent with the proposed
Planned Development Overlay District-24 Master Plan of Development (CUP
2003-0117); and,
3. The site is physically suitable for the type of development (Government Code§
66474(c)); and,
4. The site is physically suitable for the proposed density of development
(Government Code § 66474(d)); and,
5. The design of the subdivision or the proposed improvements will not cause
substantial environmental damage or substantially and avoidably injure fish or
wildlife or their habitat. (Government Code § 66474(e)); and,
6. The design of the subdivision or the type of improvements will not cause serious
health problems. (Government Code § 66474(f)); and,
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7. The design of the subdivision will not conflict with easements for access through
or use of property within the proposed subdivision. (Government Code §
66474(g)); and,
8. The proposed subdivision design and type of improvements proposed will not be
detrimental to the health, safety or welfare of the general public; and,
9. Covenants, Conditions and Restrictions (CC&R’s) or equivalent shall be required
that incorporate the Master Plan of Development conditions of approval to ensure
that the site retains the proposed qualities (architecture, colors, materials, plan
amenities, fencing, and landscaping) over time; and,
10. All previous vesting tentative subdivision maps and parcels maps will be
extinguished and no longer valid for the properties listed as a part of this
application.
ALTERNATIVES:
1. The Planning Commission may recommend to the City Council modifications to
the project and/or Conditions of Approval for the project. Any proposed
modifications including Conditions of Approval, should be clearly re-stated in any
vote on any of the attached resolutions.
2. The Planning Commission may determine that more information is needed on
some aspect of the project and may refer the item back to the applicant and Staff
to develop the additional information. The Commission should clearly state the
type of information that is required. A motion, and approval of that motion, is
required to continue the item to a future date.
3. The Planning Commission may recommend the City Council deny the project.
The Commission must specify what findings cannot be made, and provide a brief
oral statement, based on the Staff Report, oral testimony, site visit,
correspondence, or any other rationale introduced and deliberated by the
Planning Commission. If the proposed project amendment is denied, t he
previously approved 2015 Project Approval would remain in place for the site.
ATTACHMENTS:
1. Project Review / Environmental Review Checklist
2. Applicant’s Proposal
3. City Council Inclusionary Housing Policy
4. Site Photographs
5. Previously Approved Project Exhibits (2015)
6. Draft PC Resolution 2017-A (Addendum to Mitigated Negative Declaration)
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7. Draft PC Resolution 2017-B (PD-24 Zoning Code Text Change)
8. Draft PC Resolution 2017-C (Amendments to Conditional Use Permit 2003-0117)
9. Draft PC Resolution 2017-D (Tentative Tract Map 2014-0107/2017, Tract 3070)
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ATTACHMENT 1: Project Review Checklist
PLN 2014-1519 Amendment
Existing & Surrounding Information
Existing Uses: Vacant dilapidated structures approved for demolition
Use Classification: Multi-Family Housing / Car
wash / Offices / Retail
Allowed ☐ Conditional ☒
Surrounding Uses /
Zoning District:
North: RSF-Y / CR / Gusta Rd
South: RMF-20 / CR / Principal Avenue
East: Residential Single-Family (RSF-Y)
West: Commercial Retail (CR) / El Camino Real
Colony house(s) on
property?
Yes ☐ No ☒ Notes:
Any existing structures
50 years or older?
Yes ☒ No ☐ Notes: Demolition of structures analyzed
in 2015 CEQA document
Basic Project Information
Project Number: PLN 2014-1519 (CUP, TTM, ZCH)
Planner: Callie Taylor, Senior Planner
Project Address: 9105, 9107, 9109 Principal Ave, 9300 Pino Solo
APN: 030-491-001; 013; 019; 020
City: Atascadero County: San Luis Obispo
Site Area: 5.25 acres
General Plan Designation: Medium Density Residential (MDR), General Commercial (GC)
Zoning District: Residential Multi-Family (RMF-10), Commercial Retail (CR), PD-
24 (Planned Development #24)
Project Description: The project consists of an amendment to a previously approved
Planned Development #24 at the corner of El Camino Real and
Principal Ave. The applicant is proposing a new Tentative Tract
Map to increase the number of residential units to include a total
of 27-unit detached units, 9 attached multi-family units, and 6 live-
work units, as well as the previously approved car wash and one
(1) additional commercial parcel. Modifications to the site design
and building designs are proposed. Changes to the project
requirements and Conditions of Approval are also proposed by
the applicant.
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Does the site contain any
jurisdictional waters?
(blue line creeks,
wetlands, etc.)
☐ Atascadero Creek ☐ Graves Creek ☐ Paloma Creek
☐ Boulder Creek ☒ Other: ephemeral drainage / swale
☐ N/A
Zoning Ordinance / Municipal Code Standards:
Does the proposed project
exceed the maximum density
allowed in the existing/proposed
zoning district?
Yes ☐ No ☒ Calculate density: 10 du / acre allowed
in RMF-10 zone. 5.25 acres total site area.
47 residential units proposed. No density
bonus requested.
What is the total non-residential
square footage (sf)?
☐N/A
Total Square Foot: 4,345 sf. (non-residential buildings), plus
future development on second commercial lot
Does the proposed project meet
setback standards?
(AMC 9-4)
☐N/A
Yes ☐ No ☒ If no, explain: Standard setbacks (AMC
9-4) for multifamily zone and commercial
adjacent to a residential zone require
between 15’ to 25’ front setbacks, 5’ side
setbacks, and 10’ rear and corner side
setbacks. Reduced setbacks can be
approved through the Planned
Development process. Applicant is
requesting 4’ side setbacks, and 5’ front,
rear, and corner side setbacks.
Does the proposed project meet
maximum height standards?
(AMC 9-4)
☐N/A
Yes ☐ No ☒ If no, explain: A height waiver exception
is requested to exceed the 35’ height
maximum in the CR zone (39’ requested.)
If the proposed project requires
fencing, does it meet
standards? (AMC 9-4)
☐N/A
Yes ☐ No ☒ If no, explain: Conditions of Approval
have been added by City staff to require 6’
solid fences meet setback requirements on
most lots. Some minor encroachments to
standard RMF setbacks will remain, but
can be approved through the PD overlay.
If the proposed project requires
landscaping, does it meet
standards?
(AMC 9-4 / AMC 8-10)
☐N/A
Yes ☒ No ☐ If no, explain:
If the proposed project includes
a parking requirement, does it
meet standards? (AMC 9-4)
☐N/A
Yes ☒ No ☐ Parking Required:
128 spaces
Parking Provided:
184 spaces (includes
driveways)
If no, explain:
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If the proposed project includes
lighting, does it meet
standards? (AMC 9-4)
☐N/A
Yes ☒ No ☐ If no, explain:
Does the proposed project meet
established standards for uses
listed in AMC 9-6, if applicable?
☐N/A
Yes ☒ No ☐ If no, explain:
Does the proposed project need
any other exceptions to the City
Zoning Ordinance?
Yes ☒ No ☐ If yes, explain: Custom Planned
Development 24 Overlay proposed to
allow site specific zoning standards
Environmental Information
Is the proposed project under
the screening criteria for
Project Air Quality Analysis by
SLOAPCD?
Yes ☒ No ☐ Notes: Proposed project does not exceed
air quality and emissions thresholds set by
the Operational Screening Criteria for
Project Air Quality Analysis
Based on aerial photography of
the site, will the project have
an effect on any riparian or
sensitive natural community
identified in local or regional
plans, policies, or regulations
or by the California Department
of Fish and Game or US Fish
and Wildlife Service?
Yes ☒ No ☐ Notes: Mitigation measures require permits
or clearance from these agencies
Is the proposed project located
on or near a known historical
or cultural resource (Use GIS
internal mapping)?
Yes ☐ No ☒ Notes:
Does the site contain any
evidence of past landslides,
unstable soils or serpentine
rock?
Yes ☐ No ☒ Notes:
Does the proposed project
include more than 50 cubic
yards of grading?
Yes ☒
(requires
grading
plan)
No ☐ Notes: Grading and drainage plan has
submitted
Does the proposed project
including grading on slopes
greater than 10 percent?
Yes ☐ No ☒ Notes:
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Does the new project include
more than 2,500 square feet of
new or replacement impervious
surface?
(required for RWQCB Post Storm
water Construction Regulations)
Yes ☒ No ☐ Storm water permits required
Does the proposed project
remove any native trees? (AMC
9-11)
Yes ☒ No ☐ Number of Trees proposed to be
removed: 6 (live oaks & blue oaks)
Total DBH proposed to be removed:
149 inches
Is the project located on a site
included on a list of hazardous
materials sites compiled
pursuant to Government Code
Section 65962.5 (Cortese List)?
Yes ☐ No ☒ If Yes, explain:
Environmental Information
Does the proposed project alter
the existing drainage pattern of
the site or alter a designated
waters of the US?
Yes ☒ No ☐ If Yes, explain: Drainage plan proposed
Does the proposed project
increase noise levels in excess
of City Standards when the use
is complete?
Yes ☒ No ☐ If Yes, explain: An acoustical noise
study was included with the 2015 car
wash MND
Does the proposed project
increase temporary noise
levels that cannot be mitigated
by the City’s existing Noise
Ordinance?
Yes ☐ No ☒ If Yes, explain:
Does the proposed project
require construction of new
water and/wastewater
treatment facilities?
Yes ☐ No ☒ If Yes, explain:
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Does the proposed project
require the construction of new
recreational facilities?
Yes ☐ No ☒ If Yes, explain: In-lieu fees are to be
paid.
Does the proposed project
decrease the established
traffic Level of Service below
Level “C” as contained in the
General Plan?
(Use ITE Trip Generation for
review)
Yes ☐ No ☒ Number of daily trips
generated:
633 ADT
PM Peak:
66 PM
If Yes,
explain:
City Council Policy
Is the project applicable to any
of the following City Council
policies?
Inclusionary Housing ☒ Mixed-Use Processing ☒
Park / Creek Reservation ☐ Planned Development ☒
Prime Commercial Sites ☐
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ATTACHMENT 2: Applicant’s Proposal
PLN 2014-1519 Amendment / ECR Principal LLC
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ATTACHMENT 2: Applicant’s Proposal
PLN 2014-1519 Amendment / ECR Principal LLC
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ATTACHMENT 2: Applicant’s Proposal
PLN 2014-1519 Amendment / ECR Principal LLC
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ATTACHMENT 2: Applicant’s Proposal
PLN 2014-1519 Amendment / ECR Principal LLC
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ATTACHMENT 2: Applicant’s Proposal
PLN 2014-1519 Amendment / ECR Principal LLC
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ATTACHMENT 2: Applicant’s Proposal
PLN 2014-1519 Amendment / ECR Principal LLC
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ATTACHMENT 2: Applicant’s Proposal
PLN 2014-1519 Amendment / ECR Principal LLC
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ATTACHMENT 3: City Council Inclusionary Housing Policy
Interim Inclusionary Housing Policy (Adopted)
Adopted by City Council June 24, 2003
Amended by City Council November 25, 2003
Inclusionary Section Interim Policy
A. Project Requirements a) All residential projects that require legislative approval are subject to the inclusionary
requirement as follows:
a. Projects of 1-10 units: pay in-lieu fee or build units.
b. Projects of 11 or more units must build units or receive a Council approval
to pay in-lieu fees.
B. Percent Affordable 1. The percentage of units within a project that must be affordable shall be 20%.
2. The distribution of affordable units in single-family land use areas shall be as
follows:
a. 100% Moderate
3. The distribution of affordable units in multi-family and mixed-use commercial land
use areas shall be as follows:
a. 20% Very Low Income
b. 37% Low Income
c. 43% Moderate
4. In-lieu fees shall be collected for all fractional units up to 0.499 units, fractional units
of 0.50 and greater shall be counted as 1.0 units.
5. All inclusionary units shall be deed restricted for a period of 30 years.
C. Exceptions 1. Projects that do not require a legislative approval from the City shall not be subject
in the interim policy.
2. Projects that qualify for the State density bonus are exempt from additional
inclusionary housing requirements.
3. Second units are exempt from the inclusionary requirement.
D. Affordable Housing
Standards
1. The exterior design and quality standards for affordable units shall be comparable to
those of market rate units. Affordable units may be of a smaller size and utilize less
expensive interior finishes.
2. Affordable units shall be distributed throughout a project site and not concentrated in
one location.
3. Inclusionary units shall be built concurrently with market rate units. A construction
timeline shall be approved by the City Council prior to construction.
E. In-Lieu Fees 1. In-lieu fees for units and fractions of units shall be based on 5.00% of the
construction valuation of the market rate unit.
F. Alternatives 1. The developer may request and the City Council may approve any of the following
alternatives to on-site construction or payment of in-lieu fees for inclusionary units:
a. Off-site construction
b. Land dedication
c. Combinations of construction, fees and land dedications.
G. Incentives 1. As an incentive to provide affordable units, all inclusionary units shall be treated as
density bonus units that are not counted as part of the maximum density entitlement
of a site.
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ATTACHMENT 4: Site Photographs
PLN 2014-1519
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ATTACHMENT 5: Previously Approved Project Exhibits (2015)
2015 Site Plan
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ATTACHMENT 5: Previously Approved Project Exhibits (2015)
2015 Landscape Plan
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ATTACHMENT 5: Previously Approved Project Exhibits (2015)
2015 Mixed-Use Elevations / Floor Plan (LIVE-WORK UNITS)
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ATTACHMENT 5: Previously Approved Project Exhibits (2015)
2015 Mixed-Use Elevations / Floor Plan (LIVE-WORK UNITS)
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ATTACHMENT 5: Previously Approved Project Exhibits (2015)
2015 Detached SFR Elevations and Floor Plans
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ATTACHMENT 5: Previously Approved Project Exhibits (2015)
2015 Detached SFR Elevations and Floor Plans
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ATTACHMENT 5: Previously Approved Project Exhibits (2015)
2015 Duplex Units
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Attachment 6: DRAFT PC RESOLUTION 2017-A – Addendum Mitigated Negative Declaration
PLN 2014-1519 / Principal Mixed-use
DRAFT PC RESOLUTION 2017-A
A RESOLUTION OF THE PLANNING COMMISION OF THE CITY OF
ATASCADERO, CALIFORNIA, RECOMMENDING THE CITY COUNCIL
APPROVE AN ADDENDUM TO THE PREVIOUSLY-CERTIFIED
MITIGATED NEGATIVE DECLARATION FOR THE PRINICPAL
MIXED-USE DEVELOPMENT AND DETERMINE THAT SAID
ADDENDUM, TOGETHER WITH THE PREVIOUSLY-CERTIFIED
MITIGATED NEGATIVE DECLARATION, SERVES AS THE
APPROPRIATE ENVIRONMENTAL DOCUMENTATION FOR THE
PROPOSED MASTER PLAN OF DEVELOPMENT AMENDMENTS
APN 030-491-001, 013, 019, 020
9105 Principal Avenue / ECR Principal, LLC
WHEREAS, an application has been received from Barry Ephraim of ECR Principal,
LLC (125 South Bowling Green Way, Los Angeles, CA 90049), Applicant and Owner, and
Principal Partners LLC, (555 Ramona Drive, San Luis Obispo, CA 93405), Owner, to
amendment a previously approved Master Plan of Development, amend a Planned Development
Overlay, (Commercial Retail/Residential Multi-Family-10 with Planned Development Overlay
#24) and approve a new Vesting Tentative Tract Map on a 5.25-acre site located at 9105, 9107,
9109 Principal Ave and 9300 Pino Solo (APN 030-491-001, 013, 019, 020); and,
WHEREAS, in conjunction with the approval of the Principal Mixed-use Planned
Development No. 24, Master Plan of Development, Tentative Tract Map, and Tree Removal
Permit on a 5.25± acre site located on El Camino Real, Principal Avenue and Pino Solo,
Atascadero, CA 93422 (APN 030-491-001, 013, 019, 020) (herein referred to as the “Project”),
the City Council of the City of Atascadero, on May 26, 2015, certified Mitigated Negative
Declaration No. 2015-0001 in compliance with the California Environmental Quality Act (herein
referred to as "CEQA"); and
WHEREAS, an 2017 application was received by the City from ECR Principal, LLC, to
amend the Master Plan of Development, Planned Development #24 code text, and adopt a new
Vesting Tentative Tract Map to modify Conditions of Approval, project designs, and increase the
residential unit count from 37 to 42 residential units at the project site; and
WHEREAS, to assess potential environmental impacts associated with the proposed
Master Plan of Development relative to the Certified Mitigated Negative Declaration, City staff
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prepared an addendum to the Mitigated Negative Declaration pursuant to CEQA (herein referred
to as “Addendum”); and
WHEREAS, the Addendum concluded that the proposed Master Plan of Development
amendments would not result in any new or substantially more severe impacts than disclosed in
the original 2015 Mitigated Negative Declaration; and
WHEREAS, Section 21000, et seq., of the Public Recourses Code and Section 15000, et
seq., of Title 14 of the California Code of Regulations (herein referred to as the “CEQA
Guidelines”), which govern the preparation, content, and processing of Mitigated Negative
Declarations, have been fully implemented in the preparation of the Principal Mixed-use Planned
Development Amendments and Addendum; and
WHEREAS, the Atascadero Planning Commission held a public hearing on December 5,
2017, where they considered testimony from staff, the applicant and the public prior to
recommending approval of the proposed Addendum to the Principal Mixed-use Planned
Development Amendment Mitigated Negative Declaration; and
NOW, THEREFORE, BE IT RESOLVED, the Planning Commission of the City of
Atascadero, hereby resolves to recommend that the City Council adopt an Addendum to the
Principal Mixed-use Planned Development Mitigated Negative Declaration No. 2015-0001 based
on the following Findings:
SECTION 1. Findings for Recommendation to Adopt an Addendum for a Certified
Mitigated Negative Declaration. The Planning Commission finds as follows:
1. The Addendum to the Mitigated Negative Declaration was prepared and reviewed in
compliance with the provisions of CEQA and the CEQA Guidelines; and,
Fact. City Staff has prepared a proposed addendum to a certified Mitigated Negative
Declaration consistent with sections 15164 of the CEQA Guidelines. The City of
Atascadero, as the lead agency, has determined that an addendum is to be prepared as the
amendments are necessary but none of the conditions described in Section 15162 calling
for preparation of a subsequent EIR have occurred.
2. The information and analysis contained in the Addendum, which is attached hereto as
Exhibit A, reflects the City’s independent judgment as to the environmental
consequences of the proposed amendments to the Master Plan of Development; and,
Fact. The proposed project changes include minor modifications to site design and
architectural design, as well as changes to Conditions of Approval. None of these
modifications affect the CEQA analysis previously completed and certified for the
project. The unit count is proposed to be increased from 37 to 42 residential units, and
one additional commercial lot would be created. A supplemental traffic analysis was
prepared for the proposed amendment, which determined that previously identified
mitigation measures are sufficient, and the added units will not have an impact on any of
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the intersections studied. The analysis provided by the supplemental review indicates
that there are no new substantial changes.
3. That, based upon the evidence submitted and as demonstrated by the analysis included in
the Addendum, none of the conditions described in Sections 15162 or 15163 of the
CEQA Guidelines calling for the preparation of a subsequent or supplemental EIR or
negative declaration have occurred; and,
Fact. There is no evidence suggesting that any substantial changes to the project have
been proposed. As noted above, the previous Mitigated Negative Declaration analyzed
the impacts of the Principal Mixed-use Planned Development. The proposed Master Plan
of Development addendum would include five additional residential units, and one 8111
sq. ft. commercial parcel for future development. The supplemental traffic analysis
identifies that no new mitigation is warranted based on this change to the project
description.
4. There have not been any substantial changes with respect to the circumstances under
which the Project is undertaken that require major revisions to the Mitigated Negative
Declaration due to the involvement of new significant environmental effects or a
substantial increase in the severity of previously identified significant effects; and,
Fact. There is no evidence suggesting that there have been substantial changes with
respect to the circumstances under which the project is undertaken which would require
major revisions to the previous 2015 Mitigated Negative Declaration.
5. There is no new information of substantial importance, which was not known and could
not have been known with the exercise of reasonable diligence at the time the Mitigated
Negative Declaration No. 2015-0001 was certified, that shows any of the following: (a)
the Project will have one or more significant effects not discussed in the Mitigated
Negative Declaration; (b) significant effects previously examined will be substantially
more severe than shown in the Mitigated Negative Declaration; (c) mitigation measures
or alternatives previously found not to be feasible would in fact be feasible and would
substantially reduce one or more significant effects of the Project, but the project
proponents decline to adopt the mitigation measure or alternative; or (d) mitigation
measures or alternatives which are considerably different from those analyzed in the
Mitigated Negative Declaration would substantially reduce one or more significant
effects on the environment, but the Project proponents decline to adopt the mitigation
measure or alternative.
Fact. There is no evidence suggesting that there is new information of substantial
importance relating to new significant effects or the severity of previously identified
significant effects, or new alternatives or mitigation measures or the efficacy of
previously considered alternatives or mitigation measures. There will be no increase in
the severity of any previously identified impacts upon implementation of mitigation. No
new mitigation measures or alternatives need to be analyzed.
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EXHIBIT A: Addendum – Mitigated Negative Declaration No. 2015-0001
BE IT FURTHER RESOLVED, that a copy of this Resolution be delivered forthwith
by the Planning Commission Secretary to the City Council of the City of Atascadero.
On motion by Commissioner ____________, and seconded by Commissioner __________, the
foregoing resolution is hereby adopted in its entirety by the following roll call vote:
AYES: ()
NOES: ()
ABSENT: ()
ABSTAINED: ()
ADOPTED:
CITY OF ATASCADERO, CA
__________________________________
Duane Anderson
Planning Commission Chairperson
ATTEST:
___________________________________
Phil Dunsmore
Planning Commission Secretary
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PLN 2014-1519 / ECR Principal, LLC
EXHIBIT A: Addendum – Mitigated Negative Declaration No. 2015-0001
ADDENDUM TO Mitigated Negative Declaration No. 2015 -0001
for the Principal Mixed-use Planned Development
(Certified by the Atascadero City Council on May 26, 2017)
DATE: 12/5/2017
MITIGATED NEGATIVE DECLARATION NO. 2015-0001
Project Description:
The project consists of an amendment to a previously approved mixed -use project. The applicant is proposing
revisions to the approved Master Plan of Development. The proposed project includes the following components:
27 detached residential units, 3-bedrooms and 4-bedrooms each; (27 units)
3 tri-plex buildings, 3-bedrooms in each unit; (9 units)
1 six-plex mixed-use building (6 live-work units, 3-bedrooms per unit)
Six 400 sq. ft. commercial/office spaces in live-work units (2400 sf total)
One (1) drive-through carwash (1,945 sf) on a 16,646 sq. ft. commercial lot
One (1) new 8111 sq. ft. commercial parcel (use & site design per future CUP)
Development includes a total of 42 residential units and 4,345 sq. ft. of non-residential (commercial) space. The
project site is approximately 5.25 acres with slopes varying from 0-20 percent. The steepest slopes occur at 9300
Pino Solo and on the west border of the property. Currently, there are two (2) vacant single -family residences on-
site. These single-family residences are not of historical value and the applicant is proposing to demolish these
structures. The property has mature oak trees that will be preserved as a part of the proposed development. Six
(6) trees are proposed for removal as a part of the project development.
General Plan Designation: Medium Density Residential (MDR) / General Commercial (GC)
Zoning District: Residential Multi-Family (RMF-10) / Planned Development (PD-24) / Commercial Retail (CR)
Findings:
Per State CEQA Guidelines (Sec. 15164(a), Sec. 15162), the Lead Agency may prepare an addendum to an
adopted mitigated negative declaration where all of the following apply: 1) only minor technical changes or
additions are necessary; 2) no substantial cha nges have been made or occurred that would require major
revisions to the Mitigated Negative Declaration due to either new significant effects or substantial increases in the
severity of previously identified significant effects; 3) substantial changes have not occurred with respect to the
circumstances under which the project is undertaken; 4) new information of substantial importance which was not
known or could not have been known at the time of the adopted Mitigated Negative Declaration.
Based on staff’s determination that all of the above conditions apply, an addendum to the adopted Mitigated
Negative Declaration is appropriate. The basis for this conclusion is described in the following section. Please
refer to the original Mitigated Negative Declaration for further discussion about all potentially significant issues and
Mitigation Measures originally identified for the proposed project.
Basis for Addendum:
Project Title: Principal Mixed-Use Master Plan of Development Amendment / PLN 2014-1519
Owner/Applicant: ECR Principal, LLC, 125 South Bowling Green Way, Los Angeles, CA 90049
Principal Partners LLP, 555 Ramona Dr., San Luis Obispo, CA 93401
Project Location: 9105, 9107, 9109 Principal Ave and 9300 Pino Solo, Atascadero, CA 93422
APN’s 030-491-001, 013, 019, 020
Lead Agency: City of Atascadero
6500 Palma Avenue, Atascadero, CA 93422
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A CEQA Addendum has been completed for the 2017 proposed amendment to the Principal Mixed-use Planned
Development, including the PD24 zoning code text, Master Plan of Development, and Vesting Tentative Tract
Map. The proposed project changes include minor modifications to site design as well as changes to conditions
of approval. Modifications proposed by the applicant include modified architectural designs, fencing plan, minor
modifications to streets and driveways, utility locations, and affordable housing plan. The housing product is
proposed to be changed from a mix of detached single-family, duplex units, and live-work units, to a combination
of detached and triplex units, plus one three story 6-plex live-work building. The project’s residential unit count is
proposed to be increased from 37 to 42 residential units. One new 8111 sq. ft. commercial lot is proposed to be
added to the project on El Camino Real for future development.
An updated arborist report and biologist report have been completed , which show that no additional trees will
need to be removed, and no additional impacts to the ephemeral drainage area will occur in comparison to the
original 2015 project with was analyzed by CEQA. A supplemental traffic analysis was prepared for the proposed
2017 amendment, which determined that previously identified mitigation measures are sufficient, and the added
units will not have an impact on any of the intersections studied. The analysis provided by the supplemental
review indicates that there are no new substantial changes. The proposed changes will not result in any significant
or potentially significant additional impacts. All Mitigation Measures of the original 201 5 Mitigated Negative
Declaration shall remain in effect and be carried out with the completion of the proposed project.
Attachments:
Transportation Study Update
Additional information pertaining to this environmental determination may be obtained by contacting the
above Lead Agency address.
Questions should be directed to Callie Taylor, Senior Planner at (805) 470-3448.
Callie Taylor, Senior Planner Date
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Attachment 1: Transportation Study Update
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ATTACHMENT 7: Draft PC Resolution 2017-B
Amending Title 9, Zoning Ordinance, Planned Development No. 24 Overlay Zone
DRAFT PC RESOLUTION 2017-B
RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ATASCADERO, CALIFORNIA,
RECOMMENDING THE CITY COUNCIL AMEND TITLE 9, ARTICLE
28, PLANNED DEVELOPMENT OVERLAY DISTICT #24
APN 030-491-001, 013, 019, 020
9105 Principal Avenue / ECR Principal, LLC
WHEREAS, an application has been received from Barry Ephraim of ECR Principal,
LLC (125 South Bowling Green Way, Los Angeles, CA 90049), Applicant and Owner, and
Principal Partners LLC, (555 Ramona Drive, San Luis Obispo, CA 93405), Owner, to
amendment a previously approved Master Plan of Development, amend a Planned Development
Overlay, (Commercial Retail/Residential Multi-Family-10 with Planned Development Overlay
#24) and approve a new Vesting Tentative Tract Map on a 5.25-acre site located at 9105, 9107,
9109 Principal Ave and 9300 Pino Solo (APN 030-491-001, 013, 019, 020); and,
WHEREAS, the site’s current General Plan Land Use Designation is Medium Density
Residential (MDR) and General Commercial (GC; and,
WHEREAS, the site’s current Zoning Designation is Residential Multi-Family (RMF-
10) and Commercial Retail (CR) with a Planned Development #24 (PD24) Overlay; and,
WHEREAS, a Zoning Ordinance Text Change is proposed by the applicants to amend
zoning code text for Planned Development Overlay Zone #24 (PD-24); and,
WHEREAS, Article 28 of the Atascadero Municipal Code allows for the creation of
Planned Development Overlay Zones to promote orderly and harmonious development and to
enhance the opportunity to best utilize special site characteristics; and,
WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2015-0001 were
prepared for the project and made available for public review in accordance with the
requirements of the California Environmental Quality Act (CEQA), and the Mitigated Negative
Declaration was certified by the Council on May 26, 2015; and,
WHEREAS, the certified Mitigated Negative Declaration adequately addresses the
effects of the project as proposed for amendment and no substantial changes have been made in
the project, no substantial changes in the circumstances under which the project is being
undertaken and no new information of substantial importance to the project which was not
known or could not have been known when the Mitigated Negative Declaration No. 2015-0001
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was certified has become known, and therefore, an addendum to the MND has been prepared for
the revised project and no further environmental review is required; and,
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA) have been adhered to; and,
WHEREAS, the City Council of the City of Atascadero, at a Public Hearing held on
October 12, 2004, studied and considered Zone Change 2003-0070 and Zone Change 2004-0083,
after first studying and considering the Draft Mitigated Negative Declaration prepared for the
project, and adopted Planned Development Overlay Zone #24 in conjunction with CUP 2003-
0117, and,
WHEREAS, the City Council of the City of Atascadero, at a Public Hearing held on
May 26, 2015, studied and considered an amendment to Planned Development Overlay Zone
#24, after first studying and considering the Draft Mitigated Negative Declaration prepared for
the project, and adopted an amendment to Planned Development Overlay Zone #24, and,
WHEREAS, the Planning Commission has determined that it is in the best interest of the
City to amend the Zoning Code Text to protect the health, safety and welfare of its citizens by
applying orderly development and expanding housing opportunities within the City; and,
WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Text
Change application was held by the Planning Commission of the City of Atascadero at which
hearing evidence, oral and documentary, was admitted on behalf of said zoning text
amendments; and,
WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing
held on December 5, 2017, studied and considered an amendment to Planned Development
Overlay Zone #24 (Zone Change 2017-0187), after first studying and considering the certified
Mitigated Negative Declaration and Addendum prepared for the project, and,
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City
of Atascadero makes the following findings, determinations and recommendations with respect
to the proposed Zoning Code Text Amendment:
SECTION 1. Environmental Review The Planning Commission finds as follows:
1. The Planning Commission considered Mitigated Negative Declaration 2015-0001 and the
2017 MND Addendum for the Principal Mixed-Use Master Plan of Development
Amendment and in doing so found that the amendment(s) will not have a significant
adverse environmental impact. As such, there are no additional feasible alternatives or
feasible mitigation measures available that would substantially lessen any significant
adverse environmental effects in which approval of the amendments will not result in any
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significant environmental effects which feasible mitigation measures have not been
employed consistent with the California Environmental Quality Act (CEQA) Section
21080.5(d)(2)(A).
SECTION 2. Official Zoning Text Amendment. Pursuant to the Atascadero Municipal
Code section 9-1.115, the Planning Commission finds that:
PLN 2014-1519 / ZCH 2017-0187constitutes an amendment to the City of Atascadero
Zoning Ordinance Section 9-3.669 of the Atascadero Municipal Code, shown in Exhibit
A. Pursuant to Atascadero Municipal Code Section 9-1.115(a)(2), the Planning
Commission recommends the City Council approve amendments to the Atascadero
Municipal Code, Planned Development #24 section.
SECTION 3. Findings for Approval of an Amendment to the Section 9-3.669,
Planned Development Overlay Zone No. 24 The Planning Commission finds as follows:
1. The proposed project or use is consistent with the General Plan Goals, Policies, and
Programs and the overall intent of the General Plan;
Fact. The proposed amendments are consistent with General Plan Land Use Policies 1.1,
1.3, 2.3, 5.3, 6.1, 7.1, 7.2, 8.5, 15.1, and 15.6; Circulation Policies 1.1, 1.3, 1.4, and 1.5;
and Housing Element Policies 1.1, 4.1, and 4.3.
2. The proposed project or use will not be inconsistent with the character of the immediate
neighborhood or contrary to its orderly development,
Fact. The proposed residential use is consistent with other attached and detached
multifamily residential and residential serving uses in the area.
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;
Fact. The proposed residential use will not be detrimental to the health, safety, or welfare
of the general public or persons residing in the neighborhood. A residential use is
consistent with the surrounding neighborhood to the west and south, and the commercial
development is consistent with the adjacent commercial uses on El Camino Real and the
corner of Principal Avenue. The Planned Development Overlay language, mitigation
measures, and City development standards will ensure that pedestrian and vehicular
access conditions are designed in a manner which does not create ongoing safety
concerns.
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4. The proposed zone change will not create any new significant and unavoidable impacts to
traffic, infrastructure, or public service impacts,
Fact. The proposed residential use will not generate significant and unavoidable impacts
to traffic, infrastructure, or public services. The project will contribute City TIF fees
toward the US 101 interchanges. Frontage roads will be developed to City standards,
including a turn lane on Principal Avenue. All internal and abutting public roads have
been designed to City standard. All residences within the project area will be required to
annex into the Citywide Community Facilities District to cover costs associated with the
increased City costs of providing police, fire, and park services to new residents.
5. The proposed zone change is consistent with the project-specific Mitigated Negative
Declaration and 2017 Addendum and incorporates all feasible mitigation measures
consistent with the Mitigation Monitoring and Reporting Program;
Fact. A Mitigated Negative Declaration was prepared and certified for the Planned
Development in 2015. An addendum has been prepared to address the proposed project
changes and increased unit count.
6. Modification of development standards or processing requirements of the Zoning
Ordinance through the PD overlay is warranted to promote orderly and harmonious
development,
Fact. The PD-24 established development standards that promote a cohesive
neighborhood development and ensure that City goals related to traffic mitigation,
aesthetic character, inclusionary housing, and pedestrian connectivity, among others, are
achieved. Minor modifications to the PD-24 zone text are currently proposed.
7. Modification of development standards or processing requirements of the zoning
ordinance through the PD overlay will enhance the opportunity to best utilize special
characteristics of an area and will have a beneficial effect on the area:
Fact. The Planned Development 24 overlay text modifies standard development
requirements to allow for a mixed-use residential and commercial project. Modified
standards for the development enable the unit count and site design as proposed by the
applicant.
8. Benefits derived from the Planned Development Overlay Zone cannot be reasonably
achieved through existing development standards or processing requirements:
Fact. The Planned Development Overlay Zone 24 ensures that development within the
area provide certain benefit as identified by Council Policy. Development under the
PD24 standards will maintain and enhance neighborhood character and provide transition
between commercial and single-family uses.
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9. Proposed plans offer certain redeeming features to compensate for requested
modifications of the Planned Development Overlay zone.
Fact. City Council Planned Development Policy requires project benefits such as
affordable inclusionary housing, pocket parks, and high quality landscape and
architecture in exchange for modified development standards. As conditioned, the
project satisfies these requirements.
SECTION 4. Zone Text Change Recommendation of Approval. The Planning
Commission of the City of Atascadero, in a regular session assembled on December 5, 2017
resolved to recommend the City Council introduce for first reading by title only, an Ordinance
that will replace Section 9-3.669, Establishment of Planned Development Overlay Zone No. 24,
of the Atascadero Municipal Code with the following:
Exhibit A: Amendment to Section 9-3.669 Establishment of Planned Development Overlay
Zone No. 24 (PD24)
BE IT FURTHER RESOLVED, that a copy of this Resolution be delivered forthwith
by the Planning Commission Secretary to the City Council of the City of Atascadero.
On motion by Commissioner ____________, and seconded by Commissioner __________, the
foregoing resolution is hereby adopted in its entirety by the following roll call vote:
AYES: ()
NOES: ()
ABSENT: ()
ABSTAINED: ()
ADOPTED:
CITY OF ATASCADERO, CA
__________________________________
Duane Anderson
Planning Commission Chairperson
ATTEST:
___________________________________
Phil Dunsmore
Planning Commission Secretary
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Exhibit A: Amendment to section 9-3.669 Planned Development Overlay Zone No. 24 (PD24)
9-3.669 Establishment of Planned Development Overlay Zone No. 24 (PD-24)
Planned Development Overlay Zone No. 24 is established as shown on the official zoning maps
(Section 9-1.102 of this title). A Planned Development Overlay Zone No. 24 is established on parcels
APN 030-491-013, 001, 020, 019 with a combined gross acreage of 5.32 acres. The maximum residential
density within the planned development shall not exceed a maximum of thirty-seven (37) forty-two (42)
residential units as identified in the Master Plan of Development (CUP 2003-0117 as amended), subject
to the densities allowed by the underlying zoning districts. The development standards contained within
the Master Plan of Development document (CUP 2003-0117 as amended), as conditioned, shall be
applied to all future development within the project area, and as follows:
(a) All site development shall require the approval of a Master Plan of Development. All
construction and development shall conform to the approved Master Plan of Development, as
conditioned.
(b) The vesting tentative subdivision map (TTM 2014-0107Tract 3070, as amended) and any
subsequent amendments for the site shall be consistent with CUP 2003-0117 as amended. All
construction and development shall conform to the approved Master Plan of Development, as
conditioned.
(c) No subsequent tentative parcel or tract map shall be approved unless found to be
consistent with the approved Master Plan of Development.
(d) The commercial area, residential dwelling units, landscaping, walls and fencing shall be
consistent with the approved Master Plan of Development. Building setbacks, lot sizes, landscape area,
and lot coverage shall be as identified within the approved Master Plan of Development.
(e) All landscaping shown on the approved landscape plan will be installed by the developer
and shall be maintained as approved.
(f) All utilities, including electric, telephone and cable, along the frontage of, and within the
PD and along the project frontages shall be installed and/or relocated underground, except as noted in the
utility plan contained in the Master Plan of Development and the Conditions of Approval.
(g) The nonresidential uses shall retain the commercial retail zoning district designation,
including proposed office spaces in the mixed-used area identified in the Master Plan of Development.
The following allowable uses are proposed for this district within the PD-24 overlay zone:
(1) Residential multifamily (second and third floors only);
(2) Broadcast studios;
(3) Building materials and hardware (indoor only);
(4) Food and beverage retail sales;
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(5) Furniture, home furnishings and equipment (indoor only);
(6) General merchandise stores;
(7) Mail order and vending;
(8) Car-wash;
(9) Financial services;
(10) Health care services;
(11) Offices;
(12) Personal services;
(13) Eating and drinking places;
(14) Business support services, where all areas of use are located within a building;
(15) Utility service center;
(16) Temporary events;
(17) Day care.
(h) The conditional uses will be consistent with those listed for the underlying commercial
retail zone and will require an amendment to the Master Plan of Development.
(i) All residential and commercial uses shall be consistent with the requirements of the
underlying zoning district except as allowed by the Master Plan of Development.
(j) All trees shown to be protected on the approved Master Plan of Development shall be
maintained. Any future tree removal shall require approval per the requirements set forth in the
Atascadero Native Tree Ordinance.
(k) All public improvements shall be consistent with proposed improvements that are
identified in vesting tentative map 2014-0107Tract 3070, as amended. Frontage improvements for Gusta
Road will not be required. (Ord. 589 § 4, 2015; Ord. 465 § 2, 2004)
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ATTACHMENT 8: Draft PC Resolution 2017-C
Amendment of Master Plan of Development (CUP) 2003-0117
DRAFT PC RESOLUTION 2017-C
RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ATASCADERO, CALIFORNIA,
RECOMMENDING THE CITY COUNCIL
AMEND CONDITIONAL USE PERMIT 2003-0117 (MASTER PLAN OF
DEVELOPMENT) FOR THE PRINCIPAL MIXED-USE PROJECT
APN 030-491-001, 013, 019, 020
9105 Principal Avenue / ECR Principal, LLC
WHEREAS, an application has been received from Barry Ephraim of ECR Principal,
LLC (125 South Bowling Green Way, Los Angeles, CA 90049), Applicant and Owner, and
Principal Partners LLC, (555 Ramona Drive, San Luis Obispo, CA 93405), Owner, to amend a
previously approved Master Plan of Development, amend a Planned Development Overlay,
(Commercial Retail/Residential Multi-Family-10 with Planned Development Overlay #24) and
approve a new Vesting Tentative Tract Map on a 5.25-acre site located at 9105, 9107, 9109
Principal Ave and 9300 Pino Solo (APN 030-491-001, 013, 019, 020); and,
WHEREAS, the site’s current General Plan Land Use Designation is Medium Density
Residential (MDR) and General Commercial (GC; and,
WHEREAS, the site’s current Zoning Designation is Residential Multi-Family (RMF-
10) and Commercial Retail (CR) with a Planned Development #24 (PD-24) Overlay; and,
WHEREAS, the PD-24 requires the adoption of a Master Plan of Development,
approved in the form of a Conditional Use Permit; and
WHEREAS, the City Council approved the original Master Plan of Development (CUP
2003-0117) of the project on October 12, 2004, and approved the most recent amendment to the
Master Plan of Development on May 26, 2015; and,
WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2015-0001
were prepared for the project and made available for public review in accordance with the
requirements of the California Environmental Quality Act (CEQA); and,
WHEREAS, the certified Mitigated Negative Declaration adequately addresses the
effects of the project as proposed for amendment, no substantial changes have been made in the
project, no substantial changes in the circumstances under which the project is being undertaken
and no new information of substantial importance to the project which was not known or could
not have been known when the Mitigated Negative Declaration No. 2015-0001 was certified has
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become known, and therefore, an addendum to the MND has been prepared for the revised
project and no further environmental review is required; and,
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA) have been adhered to; and,
WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed
Public Hearing held on December 5, 2017, studied and considered the proposed amendments to
Conditional Use Permit 2003-0117 (Master Plan of Development), after studying and
considering the certified Mitigated Negative Declaration and MND Addendum prepared for the
project, and,
NOW, THEREFORE, BE IT RESOLVED, the Planning Commission of the City of
Atascadero takes the following actions:
SECTION 1. Findings for Approval of Conditional Use Permit. The Planning
Commission of the City of Atascadero finds as follows:
1. The proposed project or use is consistent with the General Plan and the City’s
Appearance Review Manual; and,
Fact. The proposed amendments are consistent with General Plan Land Use Policies 1.1,
1.3, 2.3, 5.3, 6.1, 7.1, 7.2, 8.5, 15.1, and 15.6; Circulation Policies 1.1, 1.3, 1.4, and 1.5;
and Housing Element Policies 1.1, 4.1, and 4.3. The Design Review Committee reviewed
the proposed architectural and site design changes, and recommended project
enhancements to comply with the Appearance Review Manual. Changes have been
incorporated into the project as currently proposed.
2. The proposed project or use satisfies all applicable provisions of the Title (Zoning
Ordinance) including provisions of the PD-24 Overlay Zone; and,
Fact. The Planned Development 24 overlay allows for development standards to be
established through a Master Plan of Development. The proposed project is consistent
with the Zoning Ordinance and the PD-24 as proposed for amendment.
2. The establishment, and subsequent operation or conduct of the use will not, because of
the circumstances and conditions applied in the particular case, be detrimental to the
health, safety, or welfare of the general public or persons residing or working in the
neighborhood of the use, or be detrimental or injurious to property or improvements in
the vicinity of the use; and,
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Fact. The proposed residential use will not be detrimental to the health, safety, or welfare
of the general public or persons residing in the neighborhood. A residential use is
consistent with the surrounding neighborhood to the west and south, and the commercial
development is consistent with the adjacent commercial uses on El Camino Real and the
corner of Principal Avenue. The Planned Development overlay language, mitigation
measures, and City development standards will ensure that pedestrian and vehicular
access conditions are designed in a manner which does not create ongoing safety
concerns.
3. The proposed project or use will not be inconsistent with the character or the immediate
neighborhood or contrary to its orderly development; and,
Fact. The proposed residential use is consistent with other attached and detached multi-
family residential and residential serving uses in the area.
4. The proposed use or project will not generate a volume of traffic beyond the safe capacity
of all roads providing access to the project, either existing or to be improved in
conjunction with the project, or beyond the normal traffic volume of the surrounding
neighborhood that would result from full development in accordance with the Land Use
Element; and
Fact. The proposed residential and commercial uses will not generate significant and
unavoidable impacts to traffic. The project will contribute City TIF fees toward the US
101 interchanges. Frontage roads will be developed to City standards, including a turn
lane on Principal Avenue. All internal and abutting public roads have been designed to
City standard.
5. The Master Plan of Development standards or processing requirements will enhance the
opportunity to best utilize special characteristics of an area and will have a beneficial
effect on the area; and,
Fact. The PD-24 established development standards that promote a cohesive
neighborhood development and ensure that City goals related to traffic mitigation,
aesthetic character, inclusionary housing, and pedestrian connectivity, among others, are
achieved. Minor modifications to the PD-24 zone text are currently proposed.
6. The requested height waiver exception will not result in substantial detrimental effects on
the enjoyment and use of adjoining properties, and the modified height will not exceed
the lifesaving equipment capabilities of the Fire Department.
Fact. The proposed 39-foot mixed-use live-work building proposed on Principal Avenue
will serve as a transition between commercial and residential uses. The structure is
located adjacent to the proposed carwash, and across the street from other commercial
and office uses. The Fire Department has the equipment needed to serve a building of
this height at this location.
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7. Benefits derived from the Master Plan of Development and PD-24 Overlay Zone cannot
be reasonably achieved through existing development standards or processing
requirements; and,
Fact. The Planned Development 24 overlay text modifies standard development
requirements to allow for a mixed-use residential and commercial project. Modified
standards for the development enable the unit count and site design as proposed by the
applicant. City Council Planned Development Policy requires project benefits such as
affordable inclusionary housing, pocket parks, and high-quality landscape and
architecture in exchange for modified development standards. As conditioned, the
project satisfies these requirements.
8. The proposed project will not result in substantial detrimental effects on the enjoyment
and use of adjoining properties.
Fact. The Planned Development Overlay Zone 24 ensures that development within the
area provide certain benefit as identified by Council Policy. Development under the PD-
24 standards will maintain and enhance neighborhood character and provide transition
between commercial and single-family uses.
SECTION 2. Recommendation of Approval. The Planning Commission of the City of
Atascadero, in a regular session assembled on December 5, 2017 resolved to recommend to the
City Council to approve amendments to Conditional Use Permit 2003-0117 (Master Plan of
Development) subject to the following:
EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program
EXHIBIT B: Master Plan of Development / Site Plan
EXHIBIT C: Landscape Plan
EXHIBIT D: Mixed-Use Elevations / Floor Plan
EXHIBIT E: Car-Wash Elevations / Floor Plan
EXHIBIT F: Detached SFR Elevations and Floor Plan
EXHIBIT G: Elevations Key – SFR Side, Rear & Porch Enhancement Locations
EXHIBIT H: Attached Units Elevations and Floor Plan
EXHIBIT I: Grading and Drainage Plan
EXHIBIT J: Utility Plan (Overhead Utility Locations)
EXHIBIT K: Fencing Plan
EXHIBIT L: Color and Materials
EXHIBIT M: Landscape Screening Plan
EXHIBIT N: Car-Wash Signage Plan
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BE IT FURTHER RESOLVED, that a copy of this Resolution be delivered forthwith
by the Planning Commission Secretary to the City Council of the City of Atascadero.
On motion by Commissioner ____________, and seconded by Commissioner __________, the
foregoing resolution is hereby adopted in its entirety by the following roll call vote:
AYES: ()
NOES: ()
ABSENT: ()
ABSTAINED: ()
ADOPTED:
CITY OF ATASCADERO, CA
__________________________________
Duane Anderson
Planning Commission Chairperson
ATTEST:
___________________________________
Phil Dunsmore
Planning Commission Secretary
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EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program
CUP 2003-0117 (2017 Amendment) / PLN 2014- 1519
Conditions of Approval /
Mitigation Monitoring Program
Principal Mixed-Use 2017 Amendment
Planned Development (PD-24)
Master Plan of Development / Tract 3070 (2017)
CUP 2003-0117/TTM 2014-0107 (2017 Amendment)
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary
Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibi
lity
/Monitoring
PS: Planning
Services
BS: Building
Services
FD: Fire
Department
PD: Police
Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water
Comp.
Planning Services
1. The approval of this zone change, Tract Map, 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
2003-0070 and ZCH 2004-0083, and ZCH 2017-0181 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 / BP 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 twenty-four (24) months after
its effective date, and/or for the life of the Tentative Tract Map (Tract 3070, 2017). At
the end of the period or upon expiration of the Tentative Map (Tract 3070, 2017), the
approval shall expire and become null and void unless the project has received a
building permit.
BP / FM PS
5. All previous exhibits approved shall be superseded by the most current 2017 Master
Plan of Development amendment approved by City Council on ___________.
On-Going PS
6. The applicant shall defend, indemnify, and hold harmless the City of Atascadero or its
agents, officers, and employees against any claim or action brought to challenge an
approval by the city, or any of its entities, concerning the subdivision
Ongoing PS
72
ITEM 3 | 12/5/2017
Principal Mixed-Use Planned Development Amendment
PLN 2014-1519 / ECR Principal, LLC
Conditions of Approval /
Mitigation Monitoring Program
Principal Mixed-Use 2017 Amendment
Planned Development (PD-24)
Master Plan of Development / Tract 3070 (2017)
CUP 2003-0117/TTM 2014-0107 (2017 Amendment)
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary
Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibi
lity
/Monitoring
PS: Planning
Services
BS: Building
Services
FD: Fire
Department
PD: Police
Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water
Comp.
7. All subsequent Tentative Map and construction permits shall be consistent with the
amended Master Plan of Development contained herein.
BP / FM PS, CE
8. All exterior elevations, finish materials and colors shall be consistent with the Master
Plan of Development as shown in EXHIBITS D through H, L, and K D1, D2, E, and F
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 be consistent with the color, architectural
detail, materials, window and door detail, roof eaves, trellis elements, as show in the
proposed Master Plan of Development, except as noted in the conditions of
approval. Elevations shall be 4-sided and not contain blank walls or facades.
The covered porches on the side elevations (above the front door) on the end units
of the tri-plex buildings shall be extended to the corner of the building near the
garage/driveways. The lengthened porch design enhancement shall match the scale
of this larger building, and cover the walkway from the driveway to the unit’s front
door. This lengthened covered porch/walkway feature shall be incorporated on lot
33, lot 28, lot 34, and lot 36.
All trash storage, recycle storage, and air conditioning units shall be screened from
view behind architecturally compatible or landscaped enclosures.
The garage door styles and materials shall be architectural grade, with decorative
styles to match the building architecture. Garage doors shall be painted to match the
building color scheme of the unit, and shall not be left white.
Any proposed exterior street, pedestrian, or building mounted light fixtures shall be of
architectural grade, appropriate scale, and design and shall compliment the
architectural style, subject to staff approval. Light fixtures shall comply with Zoning
Ordinance requirements for shielding of light sources to prevent offsite glare.
Stucco siding shall be smooth troweled or similar. No machine finishes will be
permitted.
Roofs materials shall be architectural grade.
BP PS
9. Upgraded elevation styles and wrap around porches shall be installed on the detached
residences as noted in EXHIBIT G, subject to the following modifications:
Lot 27 shall incorporate one side enhanced model upgrades on the west elevation
facing El Camino Real.
Lot 12 shall incorporate utilize the enhance model plan elevations on all sides of the
building.
BP PS
10. The proposed mixed-use buildings shall be consistent with Exhibit D1 of the approved
Master Plan of Development, subject to the following modifications:
BP PS, BS
73
ITEM 3 | 12/5/2017
Principal Mixed-Use Planned Development Amendment
PLN 2014-1519 / ECR Principal, LLC
Conditions of Approval /
Mitigation Monitoring Program
Principal Mixed-Use 2017 Amendment
Planned Development (PD-24)
Master Plan of Development / Tract 3070 (2017)
CUP 2003-0117/TTM 2014-0107 (2017 Amendment)
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary
Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibi
lity
/Monitoring
PS: Planning
Services
BS: Building
Services
FD: Fire
Department
PD: Police
Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water
Comp.
The first-floor elevation facing Principal Avenue shall be redesigned to incorporate
additional materials and architectural enhancements consistent with the City’s
Appearance Review Manual guidelines and Design Toolbox for commercial
buildings. The architecture at ground floor of this building shall reflect a commercial
office style. Commercial entrances/storefronts shall be denoted by the architectural
design elements of the building.
Emphasis on the residential doorway entrances on Principal Avenue shall be
minimized or residential entrances may be eliminated on this frontage in order to
enhance the commercial office appearance and commercial viability of future
businesses at this location.
Walkways, landscape, and signage for each commercial unit in the live-work building
shall be designed and reviewed to enhance the commercial entrances on Principal
Avenue.
The rear elevation of the live-work building shall be modified to incorporate lap siding
on the first floor of the units, consistent with the upper floor wall treatment. The
horizontal and vertical lap siding shall extend to the ground, around the garage, on
Units 2 and 4 of this building.
Revised elevations for the first floor front and rear elevations of the live-work building
shall be reviewed by the Planning Director prior to Building Permit issuance.
Any proposed changes to the architectural character must be approved by the Design
Review Committee or other mechanism deemed appropriate by the Planning Director.
11. The proposed car-wash shall be consistent with Exhibit E and N D2 of the approved
Master Plan of Development. Any proposed changes to the architectural character
must be approved by the Design Review Committee or other mechanism deemed
appropriate by the Planning Director.
BP PS, BS
12. All site work, grading, and site improvements shall be consistent with the Master Plan
of Development as shown in EXHIBIT B, C, I, J, K, and M and G.
BP / FM PS, BS,
CE
13. 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, K
and M, and EXHIBIT J, 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
completed at the discretion of the Community development Department.
London Plane or similar street trees shall be provided along El Camino Real,
Principal Avenue, and Pino Solo at a minimum maximum spacing of 30 feet on
BP PS, BS
74
ITEM 3 | 12/5/2017
Principal Mixed-Use Planned Development Amendment
PLN 2014-1519 / ECR Principal, LLC
Conditions of Approval /
Mitigation Monitoring Program
Principal Mixed-Use 2017 Amendment
Planned Development (PD-24)
Master Plan of Development / Tract 3070 (2017)
CUP 2003-0117/TTM 2014-0107 (2017 Amendment)
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary
Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibi
lity
/Monitoring
PS: Planning
Services
BS: Building
Services
FD: Fire
Department
PD: Police
Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water
Comp.
center.
Street and open space trees shall be minimum 15-gallon size and double staked.
The bio swales shall be incorporated into the landscape plan to be aesthetic and
act as a landscape features. Landscape in and around bio swales shall be installed
by the developer prior or building permit final.
Landscape along the street frontage parkway of Lot 52 (8111 sq. ft. commercial
parcel) shall be completed with the subdivision improvements for the rest of the
tract.
The final landscape and irrigation plan shall conform to Atascadero Municipal Code
requirements, including the City’s Water Efficient Landscape Ordinance.
14. Additional 24-inch box size evergreen screen trees shall be incorporated along the
properties identified in Exhibit M J.
BP / FO PS
15. All project fencing shall be installed consistent with EXHIBIT H K, with following
exceptions:
Lot 3: Side fence adjacent to Pino Solo shall be setback a minimum 10 feet from the
back of sidewalk.
Lot 34: The corner side fence adjacent to the internal street ‘A’ shall be setback a
minim of 5 feet from the back of the sidewalk.
Lot 21: Side fencing adjacent to the on street parking shall be setback a minim of 5
feet from the on-street parking space. The area between the parking space and
residence eon Lot 21 shall be landscaped by the developer and maintained by the
HOA.
Gates shall be included as necessary to access any trash storage locations on side
or rear yards.
All fences shall be either stained or painted to maintain the appearance and life of the
wood fencing. All fences shall have trim caps and plant on trim as identified in
EXHIBIT K.
Decorative fences under four (4) feet in height, and consistent with the fencing color
and general style of the development, may installed within required front and corner
side or rear setbacks, upon applicant’s request, upon review and approval by the
Planning Department.
GP/BP
PS
16. Drainage basins shall not be fenced. Basins shall be designed to meet maximum
depth and slope requirements in way which does not require basins to provide safety
fences. Basins shall be landscaped to act as visual landscape features for the
development, and shall serve as multipurpose open space / potential recreation areas
in addition to the primary purpose of water filtration.
FM / GP /
BP
PS / CE
75
ITEM 3 | 12/5/2017
Principal Mixed-Use Planned Development Amendment
PLN 2014-1519 / ECR Principal, LLC
Conditions of Approval /
Mitigation Monitoring Program
Principal Mixed-Use 2017 Amendment
Planned Development (PD-24)
Master Plan of Development / Tract 3070 (2017)
CUP 2003-0117/TTM 2014-0107 (2017 Amendment)
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary
Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibi
lity
/Monitoring
PS: Planning
Services
BS: Building
Services
FD: Fire
Department
PD: Police
Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water
Comp.
17. Trash and recycling container storage areas shall be provided on each lot in a
screened location. Designated trash storage shall not be located within the garage if it
in conflicts with providing adequate parking spaces within the garage. If trash storage
is proposed to be located outside, a concrete pad shall be installed for placement of
trash receptacles, and gate access shall be provided to bring trash out to the curb.
Trash storage location shall be identified for each unit at time of building permit
submittal, and shall be installed prior to final of each residential units.
18. Colors and materials for residential and live-work units shall be as generally shown in
EXHIBIT L, subject to the following modifications:
A minimum of 5 distinct color schemes shall be provided for the 27 detached units.
Side & rear color applications shall be identified at time of building permit submittal.
A minimum of 2 distinct color schemes shall be provided for the 3 triplex buildings.
Side & rear color applications shall be identified at time of building permit submittal.
A complete color scheme key/map shall be provided at time of building permits to
identify color schemes to be used on each unit throughout the development, subject
to staff approval. Color schemes shall be disbursed throughout the development so
that no identical color schemes are directly adjacent or directly across the street from
one another.
Paint colors shall wrap corners/sides of the building and be consistent on materials
which wrap around sides so that wall colors do not abruptly change at building
facades.
Garage doors shall be painted to match the building color scheme of the unit, and
shall not be left white.
Window and door trim colors shall be consistent throughout a single unit (window
trim on triplex end unit to be modified for consistent trim color.)
The color scheme for the 6-plex live-work building shall be modified to reduce the
total number of colors used. A more simplified color scheme shall be developed,
subject to staff approval.
Final selection of colors and materials, and location of color schemes throughout
development identified in EXHIBIT I shall be submitted with Building Permits and shall
be subject to staff approval.
GP/BP PS
19. Affordable Housing Requirement: The applicant shall deed restrict a minimum of 7
eight (8) residential units for 30 years, prior to or concurrently with the final map, as
follows:
Two (2) 1 units at the very-low income rate,
3 units at the low-income rate,
3 units at the moderate income rate,
0.40 units shall be paid through in-lieu fee calculated at 5% of market rate
GP/BP
Deed
restriction
to record
at final
map
PS, CA
76
ITEM 3 | 12/5/2017
Principal Mixed-Use Planned Development Amendment
PLN 2014-1519 / ECR Principal, LLC
Conditions of Approval /
Mitigation Monitoring Program
Principal Mixed-Use 2017 Amendment
Planned Development (PD-24)
Master Plan of Development / Tract 3070 (2017)
CUP 2003-0117/TTM 2014-0107 (2017 Amendment)
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary
Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibi
lity
/Monitoring
PS: Planning
Services
BS: Building
Services
FD: Fire
Department
PD: Police
Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water
Comp.
evaluation for the unbuilt portion of inclusionary requirements.
All affordable units shall be distributed throughout the project, and shall be constructed
at the same time as the market rate units. A phasing plan shall be submitted by the
Applicant to show affordable unit construction in each phase of the project, to ensure a
percentage of affordable units are built in each phase at the same construction timing
as the market rate units. Affordable unit location and phasing plan shall be reviewed
and approved subject to modification by the Community Development Director to
ensure consistency with the City Council’s Inclusionary Housing Policy. through a
substantial conformance review.
20. 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
21. Residential neighborhood identification monument signage shall be permitted through a
staff level review and subject to a separate building permit. Residential monument
signage shall comply with the size and lighting standards of the Atascadero Municipal
Code, and the monument structure(s) shall be architecturally compatible with the
overall project design.
BP PS/CE
22. Any monument signs proposed within the project area shall be located outside of the
line of sight at intersections. Verification of line of sight clearance shall be required at
time of building permit submittal for the sign(s).
BP PS/CE
23. Future development of Lot 52, the 8111 sq. ft. commercial parcel on El Camino Real,
shall be reviewed and approved by the Design Review Committee prior to building
permit or grading permit issuance.
No new or additional driveways on El Camino Real shall be permitted to be installed for
access to Lot 52 due to traffic safety limitations at this location. Access to Lot 52 shall
be taken from the adjacent commercial site to the north if a shared access easement
can be arranged with the adjacent property owner, or access shall be provided through
an internal connection to the Planned Development (car wash parcel or internal project
roads.) The proposal for access to lot 52 shall be reviewed and approved by City
Engineer to ensure traffic safety and easement requirements are met prior to Building
Permit or grading permit issuance
Any future development on Lot 52 shall maintain a 20-foot setback from the drainage
swale and/or any wetland areas, unless a biological evaluation is completed to
determine site specific setbacks based on the proposed future use.
BP PS/CE
77
ITEM 3 | 12/5/2017
Principal Mixed-Use Planned Development Amendment
PLN 2014-1519 / ECR Principal, LLC
Conditions of Approval /
Mitigation Monitoring Program
Principal Mixed-Use 2017 Amendment
Planned Development (PD-24)
Master Plan of Development / Tract 3070 (2017)
CUP 2003-0117/TTM 2014-0107 (2017 Amendment)
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary
Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibi
lity
/Monitoring
PS: Planning
Services
BS: Building
Services
FD: Fire
Department
PD: Police
Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water
Comp.
24. Lot 52, the 8111 sq. ft. commercial parcel on El Camino Real identified for future
development, shall be cleared and maintained in clean condition as part of the
subdivision improvements for Tract 3070. Any security fencing on the site shall be
decorative in style (open tubular black metal fencing or similar.) Chain link, T-posts, or
barb wire fences shall not be permitted to be installed on the vacant lot. Any frontage
improvements, undergrounding of utilities, or landscape required in front of this parcel
on the El Camino Real frontage, shall be required to be installed as part of the
subdivision improvements for Tract 3070.
If Lot 52, or the mixed-use 6-plex parcel, have not received building permits for
construction within 6 months of the Final Map recordation, then interim landscape
improvements shall be installed on the lot(s) so that vacant dirt lots do not detract from
the rest of the project development.
FM PS/CE
25. 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 recommendations
identified in the arborist report shall be implemented during construction. The
applicant will contract with a certified arborist to monitor all activity within the drip lines
of existing native oak trees.
GP/BP PS
26. Proposed improvements may impart modifications to the existing channel and may be
subject to Fish & Wildlife and/or US Army Corp review/permits. Applicant will be
responsible to obtain any required agency permit prior to issuance of a grading permit.
GP/BP PS
27. 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 FM PS
78
ITEM 3 | 12/5/2017
Principal Mixed-Use Planned Development Amendment
PLN 2014-1519 / ECR Principal, LLC
Conditions of Approval /
Mitigation Monitoring Program
Principal Mixed-Use 2017 Amendment
Planned Development (PD-24)
Master Plan of Development / Tract 3070 (2017)
CUP 2003-0117/TTM 2014-0107 (2017 Amendment)
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary
Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibi
lity
/Monitoring
PS: Planning
Services
BS: Building
Services
FD: Fire
Department
PD: Police
Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water
Comp.
28. 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, or similar funding mechanism, established by the developer
subject to City approval. The Home Owners Association or other funding mechanism
must be in place prior to, or concurrently with acceptance of any final maps. The
Home Owners Association shall be approved by the City Attorney, City Engineer and
Administrative Services Director prior to acceptance of any Final Map. The
administration of the above mentioned funds, and the coordination and performance
of maintenance activities, shall be the responsibility of the Home Owners Association.
a) All streets, bridges, sidewalks, streetlights, street signs, roads, emergency
access roads, emergency access gates, and sewer mains within the project.
b) All parks, trails, recreational facilities and like facilities.
c) All open space and native tree preservation areas.
d) All drainage facilities and detention basins.
e) All creeks, flood plains, floodways, wetlands, and riparian habitat areas.
f) All common landscaping areas, street trees, medians, parkway planters,
manufactured slopes outside private yards, and other similar facilities.
g) All frontage landscaping and sidewalks along arterial streets
BP PS
29. Prior to recordation of final map, the project applicant shall enter into an agreement
with the City of Atascadero to pay any future reimbursement fees associated with
off-site circulation improvements made to the Santa Rosa / US 101 interchange
and frontage roads. The amount of reimbursement shall be determined by a traffic
study that demonstrates a nexus for all parcels included in the reimbursement
area.
BP PS, BS
30. Deed notification shall be applied to each of the new lots, notifying homeowners of the
following:
That adjacent residential lots outside the PD 24 boundaries may be used for
agricultural purposes, including keeping of livestock animals, facilities, and
equipment;
Residential lots are located within a Master Plan of Development and are
subject to rules and regulations established by the CC&Rs, PD-24 overlay
zone, and the approved Master Plan of Development;
Residential lots are adjacent to approved commercial uses that may generate
noise consistent with the City’s Noise Ordinance.
Drainage swales, basins, and other storm water facilities are located within
private lots and must be maintained as design, engineered and installed by the
original developer. Alterations to the drainage plan for the subdivision is not
allowed without prior approval of the City.
BP PS, BS
79
ITEM 3 | 12/5/2017
Principal Mixed-Use Planned Development Amendment
PLN 2014-1519 / ECR Principal, LLC
Conditions of Approval /
Mitigation Monitoring Program
Principal Mixed-Use 2017 Amendment
Planned Development (PD-24)
Master Plan of Development / Tract 3070 (2017)
CUP 2003-0117/TTM 2014-0107 (2017 Amendment)
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary
Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibi
lity
/Monitoring
PS: Planning
Services
BS: Building
Services
FD: Fire
Department
PD: Police
Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water
Comp.
Fences or other structures shall not be permitted to be installed within the
ephemeral drainage swale on site without proper approvals by the City and any
other required outside permitting agencies such as Fish and Wildlife, Army
Corps, or RWWCB.
31. Deed notifications shall be recorded on the live-work units (lots 37-42) to notify future
property owners that the first floor of the building is reserved for office or commercial
uses, consistent with the Master Plan of Development and PD 24 overlay. The ground
floor of these units shall not be permitted to be used as residential dwelling space.
FM PS
32. 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 maintenance
of the individual units.
iii. Individual unit’s responsibility for keeping all trash receptacles within the
designated screened trash storage areas unit’s garage.
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.
BP PS, BS
33. Approval of this permit shall include the removal of 6 7 Native Oak Trees, totaling
149174-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
Fire Marshal
34. Fire Sprinklers are required on all structures consistent with the California Building
Code adopted at the time of building permit submittal.
BP FD,BS
City Engineer Conditions
PROJECT SPECIFIC CONDITIONS
Grading, Drainage and Storm water:
35. The project shall be designed in compliance with the City & State post-construction BP, GP CE
80
ITEM 3 | 12/5/2017
Principal Mixed-Use Planned Development Amendment
PLN 2014-1519 / ECR Principal, LLC
Conditions of Approval /
Mitigation Monitoring Program
Principal Mixed-Use 2017 Amendment
Planned Development (PD-24)
Master Plan of Development / Tract 3070 (2017)
CUP 2003-0117/TTM 2014-0107 (2017 Amendment)
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary
Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibi
lity
/Monitoring
PS: Planning
Services
BS: Building
Services
FD: Fire
Department
PD: Police
Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water
Comp.
storm water standards and specifications. The final project design shall include post-
construction performance requirements and an operations & maintenance plan. Prior
to final approval of site improvements, the engineer of record shall provide a written
certification that all post-construction performance requirements were installed
according to the Storm water Control Plan and are operating as designed.
36. The subject property shall be designed to accept and convey off-site storm water run-
off consistent with the existing on-site and off-site drainage patterns and restrictions.
Storm water detention/retention as well as water quality shall conform to the City and
State requirements.
BP, GP CE
37. The project plan submittal shall include a detailed hydrology report addressing storm
water run-off for the pre- and post-development (on-site & off-site). The analysis shall
be prepared consistent with City and State standards for storm water detention,
treatment and infiltration to the satisfaction of the City Engineer.
BP, GP CE
38. All finish graded areas shall be landscaped or revegetated using a native seed mixture
and shall demonstrate at least 70% ground coverage before final inspection, to the
satisfaction of the Community Development Director.
GP CE, PS
39. A Storm Water Operation - Maintenance Plan (OMP) is required for the tract and the
City Engineer can require the OMP to and shall be recorded as an agreement against
all properties affected. When recordation of an OMP agreement is required, the
agreement shall contain provisions allowing the City to enter the property, following
reasonable notice to the property owner or tenant, to conduct an inspection of the
storm water system and post-construction storm water management controls.
FM CE
40. When an OMP is required, the OMP shall include a section addressing annual
inspection and reporting to the City by a third party, to the satisfaction of the City
Engineer.
FM CE
41. A Storm Water Pollution Prevention Plan (SWPPP) is required prior to any ground
disturbing activities. The WDID number provided by the State’s SMARTS system
registration shall be noted on the Title Sheet of the Subdivision Improvement Plans.
GP CE
42. Common drainage basins (serving multiple lots) shall be designed to desilt, detain and
meter storm flows in accordance with City regulations.
GP CE
81
ITEM 3 | 12/5/2017
Principal Mixed-Use Planned Development Amendment
PLN 2014-1519 / ECR Principal, LLC
Conditions of Approval /
Mitigation Monitoring Program
Principal Mixed-Use 2017 Amendment
Planned Development (PD-24)
Master Plan of Development / Tract 3070 (2017)
CUP 2003-0117/TTM 2014-0107 (2017 Amendment)
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary
Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibi
lity
/Monitoring
PS: Planning
Services
BS: Building
Services
FD: Fire
Department
PD: Police
Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water
Comp.
43. Where storm water is concentrated as a result of new improvements, the drainage
shall be conveyed in a non-erosive, controlled condition to an adequate point of
discharge, to the satisfaction of the City Engineer. Where concentrated drainage from
new improvements cannot be avoided and crosses more than one property,
appropriate easements may be required.
GP CE
44. Storm Sewer shall be of either cast-in-place or precast reinforced concrete pipe,
polyvinyl chloride pipe, high density polyethylene pipe or an approved equal, to the
satisfaction of the City Engineer.
a. Minimum pipe diameter allowable on any storm drain within a roadway or road
right-of-way (public or private) shall be 18" diameter. A lesser size may be used
for down drains on fill slopes if approved by the City Engineer.
b. Minimum design velocity in closed conduits shall be 2 f.p.s. when conduit is
flowing to capacity and should not exceed 15 f.p.s.
c. Closed conduits shall be designed to convey the 10-year storm flow with gravity
flow, the 25-year storm flow with head, and provide a safe overland route for the
conveyance for the 100-year storm overflow.
d. Storm Sewer Manholes shall be located at junction points, changes in gradient,
and changes in conduit size to the satisfaction of the City Engineer. On curved
pipes with radii of 200' to 400', manholes shall be placed at the BC or EC of the
curve and on 300' maximum intervals along the curve. On curves with radii
exceeding 400', manholes shall be placed at the BC or EC of the curve and on
400' maximum intervals along the curve for pipes 24" and less in diameter and
500' maximum intervals along the curve for pipes greater than 24" in diameter.
Curves with radii less than 200' will be handled on an individual basis and
approved be the City Engineer.
e. Spacing of manholes or inlets, of such size as to be enterable for maintenance,
shall not exceed 500' for pipes 24" and smaller diameter and 600' for pipes
greater than 24" in diameter, except under special conditions as approved by
the City Engineer. The spacing of manholes shall be nearly equal wherever
possible.
f. Manholes or junction boxes, entry to which does not fall in the gutter line, must
have standard 24" diameter manhole covers. Those falling in the gutter line
may use the standard grated manhole cover and serve also as an inlet
manhole.
g. Storm Drain Inlets shall be spaced so that gutter flow does not exceed a depth
of 6" at the face of the curb for a 10-year storm and so that a 25-year storm flow
will not cause damage and can be contained within the right-of-way.
FM, PIP CE
82
ITEM 3 | 12/5/2017
Principal Mixed-Use Planned Development Amendment
PLN 2014-1519 / ECR Principal, LLC
Conditions of Approval /
Mitigation Monitoring Program
Principal Mixed-Use 2017 Amendment
Planned Development (PD-24)
Master Plan of Development / Tract 3070 (2017)
CUP 2003-0117/TTM 2014-0107 (2017 Amendment)
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary
Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibi
lity
/Monitoring
PS: Planning
Services
BS: Building
Services
FD: Fire
Department
PD: Police
Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water
Comp.
45. Prior to approval of subdivision improvement plans, the project engineer shall provide
a Storm Water Control Plan with supporting calculations, water management area
maps, and a report confirming compliance with City and state regulations.
FM CE
46. All storm water management improvements to be owned or managed by the HOA
shall be identified in an Operation and Maintenance Plan/Agreement (OMP) and shall
be recorded concurrently with the Final Map. The OMP shall include a financial plan
addressing annual and long-term maintenance as well as replacement. Specific
requirements for storm water management may be required to be identified on an
additional Final Map information sheet.
FM /
Ongoing
CE
Public Improvements and Maintenance:
47. The new street shall be privately owned and maintained. The structural section shall
be based on a Traffic Index of 5.0 for residential and 8.0 for commercial.
The pavement section of the internal private roads shall be based on a Traffic
Index (TI) = 5.5 and a 50-year design life.
a. New roads with pavement placed prior to the construction of buildings will
be subjected to additional construction traffic and wear associated with the
on-site construction not included in the design life of the pavement section.
Therefore to off-set this, the AC thickness shall be increased from that
which is derived from Caltrans method by either:
b. 1” if the pavement is placed prior to building construction (not phased road
construction).
1.5” if the pavement construction is phased (i.e. – a portion of the ultimate
pavement thickness is deferred and a final pavement cap placed prior to final
inspection). Final pavement cap shall not be less than 1.5”.
FM BP,
GP
CE
Principal shall be improved with frontage improvements in accordance with City
Standards and shall include an integral curb, gutter and sidewalk.
BP, GP CE
Accessible ramps shall be constructed at curb returns in accordance with City
Standards.
BP, GP CE
48. The Subdivider shall construct new street frontage improvement and street
pavement on Principal Ave along the project frontage, to the satisfaction of the City
Engineer. Frontage improvements shall be in accordance with City Standards and
Standard Specifications. Principal Ave (on the project side) shall be removed and
FM BP,
GP
CE
83
ITEM 3 | 12/5/2017
Principal Mixed-Use Planned Development Amendment
PLN 2014-1519 / ECR Principal, LLC
Conditions of Approval /
Mitigation Monitoring Program
Principal Mixed-Use 2017 Amendment
Planned Development (PD-24)
Master Plan of Development / Tract 3070 (2017)
CUP 2003-0117/TTM 2014-0107 (2017 Amendment)
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary
Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibi
lity
/Monitoring
PS: Planning
Services
BS: Building
Services
FD: Fire
Department
PD: Police
Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water
Comp.
replaced so as to complete a City standard street cross-section in accordance with
City Standard No. 406, to the satisfaction of the City Engineer. Pavement removal
shall be at least to the centerline of the roadway pavement (crown). The pavement
section shall be designed based on a Traffic Index (TI) = 7.0 and a 50-yr design
life, to the satisfaction of the City Engineer. That portion of Principal Ave between
El Camino Real and the first new street entrance into the subject property shall be
widened to accommodate one left-turn lane and one right-turn lane and the new
frontage improvements shall align with the existing El Camino Real curb return.
Principal shall be constructed with 40-feet curb-curb, two 12-foot travel lanes and two
8-foot parking lanes. At the intersection with El Camino Real, Principal shall be
improved with 40-feet curb-curb including one right-turn lane (westbound), one left-
turn lane (westbound), and one through lane (eastbound). Consistent with the traffic
study, parking may need to be eliminated where contiguous with the three lanes.
49. The horizontal and vertical design of roads shall be in compliance with the City of
Atascadero Engineering Standards and Standard Specifications, to the satisfaction
of the City Engineer. The City Engineer reserves the right to make modifications to
all submitted road designs, when in the opinion of the City Engineer, the public’s
health and safety is benefitted.
FM CE
50. Prior to recordation of the Final Map, the Applicant shall establish a funding
mechanism approved by the City, to provide sufficient funds on an annual basis to pay
for the long term operation, maintenance, management, and future replacement of the
site improvements and internal road system serving Tract 3070 including but not
limited to:
a. Pavement, pavement seals, aggregate base, road frontage improvements
b. Striping, signage, street furniture
c. Drainage facilities, detention basins, retention basins, bio-swales, & storm
water treatment/control measures
d. Maintenance of slopes containing the road prism
e. Street lighting, street improvements, sidewalks, street trees, special paving
surfaces, the sewer collection system, storm sewer collection system,
storm water management facilities, common area landscape
improvements, designated open space areas, common recreation areas,
and common area hardscape improvements.
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.
FM CE
84
ITEM 3 | 12/5/2017
Principal Mixed-Use Planned Development Amendment
PLN 2014-1519 / ECR Principal, LLC
Conditions of Approval /
Mitigation Monitoring Program
Principal Mixed-Use 2017 Amendment
Planned Development (PD-24)
Master Plan of Development / Tract 3070 (2017)
CUP 2003-0117/TTM 2014-0107 (2017 Amendment)
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary
Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibi
lity
/Monitoring
PS: Planning
Services
BS: Building
Services
FD: Fire
Department
PD: Police
Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water
Comp.
Examples of the two methods for funding mechanisms 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.
Prior to recordation of the Final Map, the Applicant’s engineer shall prepare and
submit an estimated operating budget and capital replacement analysis for review and
approval by the City Engineer.
51. All public improvements shall be constructed in conformance with the City of
Atascadero Engineering Department Standard Specifications and Drawings.
BP, GP CE
52. Street trees shall be planted along El Camino Real and Principal Ave frontages.
Spacing or grouping of street trees shall average 30-feet center-to-center and shall be
to the satisfaction of the City Engineer and Community Development Director. Where
sidewalks are 8-feet wide or greater, trees shall be planted in tree wells behind the
curb in accordance with City Standards and to the satisfaction of the City Engineer.
Where the public sidewalk is less than 8-feet wide, street trees shall be planted in an
area behind the sidewalk approximately 8-10-feet from the back of walk. Trees
planted closer than 8-feet from the back of walk shall be approved by the City
Engineer and include deep-root planting barriers.
BP, GP CE
53. The subdivider shall submit subdivision improvement plans prepared by a registered
civil engineer for modifications to Principal and all internal roadways, water, sewer and
storm drain infrastructure. Public improvement plans (PIPs) shall be prepared by a
licensed civil engineer. PIPs shall be prepared on 24”x36” plan sheets and in
accordance with Section 2 of City Standard Specifications.
FM BP, GP CE
UTILITIES CONDITIONS
85
ITEM 3 | 12/5/2017
Principal Mixed-Use Planned Development Amendment
PLN 2014-1519 / ECR Principal, LLC
Conditions of Approval /
Mitigation Monitoring Program
Principal Mixed-Use 2017 Amendment
Planned Development (PD-24)
Master Plan of Development / Tract 3070 (2017)
CUP 2003-0117/TTM 2014-0107 (2017 Amendment)
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary
Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibi
lity
/Monitoring
PS: Planning
Services
BS: Building
Services
FD: Fire
Department
PD: Police
Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water
Comp.
54. Each lot shall be served with individual water, sewer, power, gas, communications,
and cable TV laterals. Utility laterals shall be located and constructed to each lot in
accordance with City Standards and Standard Specifications. The sewer lateral
serving a single lot shall be privately owned and maintained by the individual lot
owner.
BP, GP CE / BS
55. Applicant shall pay all applicable sewer extension (annexation) fees (including
reimbursement fees, connection fees, etc.) for each lot upon issuance of building
permit. Sewer Connection and Reimbursement fees shall be payable upon actual
connection of the building sewer to the public sewer system.
BP, GP CE / BS
56. Gravity sanitary sewer (SS) mains shall be a minimum of 8 inch diameter pipe and
shall terminate in manholes.
BP, GP CE / BS
57. New utility services laterals for power, telecommunications and cable TV shall be
placed underground, beginning from the off-site point of connection service, to the
satisfaction of the City Engineer. established by the public utility provider.
The subdivider shall underground the existing overhead utility lines within the project
boundaries and public street frontages, to the satisfaction of the City Engineer. When
undergrounding of overhead utilities will require modifications to existing overhead
utilities within the adjacent block or neighborhood, the City Engineer shall determine a
reasonable limit of the undergrounding efforts in coordination with the affected utility
providers. A “reasonable limit” may include the retention of specific overhead lines
and poles within the street frontage due to extenuating circumstances, as determined
by the City Engineer in coordination with the utility providers. When existing overhead
facilities are left in place, the Applicant shall install underground conduits for future
use, to the satisfaction of the City Engineer.
BP, GP CE / BS
58. A Public Utility Easement (PUE) (6-foot wide min) shall be dedicated along all public
and private street frontages. Adjacent to lots zoned for commercial development, the
PUE may be required to be 10-feet wide, to the satisfaction of the City Engineer
and/or utility purveyor.
BP, GP CE
59. New water facilities and services shall be designed and constructed in accordance
with the requirements of the Atascadero Mutual Water Company.
BP CE
60. Wastewater discharge shall conform to City requirements and shall connect to a
public sewer main, to the satisfaction of the City Engineer.
BP CE
61. The on-site sewer main, wastewater collection system, and storm water collection
system serving this project shall be privately owned and maintained by the
FM CE / PS
86
ITEM 3 | 12/5/2017
Principal Mixed-Use Planned Development Amendment
PLN 2014-1519 / ECR Principal, LLC
Conditions of Approval /
Mitigation Monitoring Program
Principal Mixed-Use 2017 Amendment
Planned Development (PD-24)
Master Plan of Development / Tract 3070 (2017)
CUP 2003-0117/TTM 2014-0107 (2017 Amendment)
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary
Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibi
lity
/Monitoring
PS: Planning
Services
BS: Building
Services
FD: Fire
Department
PD: Police
Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water
Comp.
Homeowners’ Association (HOA).
On-site storm water collection and detention system shall be privately owned and
maintained by the HOA.
CE / PS
62. Prior to recordation of the Final Map, the Applicant shall establish a benefit
maintenance assessment district or similar funding mechanism approved by the City,
to provide sufficient funds on an annual basis to pay for the operation, maintenance
and future replacement of the wastewater collection system serving Tract 3070. The
engineer of record shall prepare and submit an estimated operating budget and
capitol replacement analysis for review and approval by the City Engineer, prior to
recordation of the Final Map.
FM CE
Overhead utilities shall be placed underground where located along the subject
property frontage of El Camino Real, Principal, and Pino Solo.
CE / BS
STANDARD SUBDIVISION CONDITIONS
63. All public improvements shall be constructed in conformance with the City of
Atascadero Engineering Department Standard Specifications and Drawings.
BP, GP CE
64. In the event that the applicant is allowed to bond for the public improvements required
as a condition of this map, the applicant shall enter into a Subdivision Improvement
Agreement with the City.
FM CE
65. An engineer’s estimate of probable cost shall be submitted for review and approval by
the City Engineer to determine the amount of the bond.
FM CE
The Subdivision Improvement Agreement shall record concurrently with the Final
Map.
FM CE
The applicant shall be responsible for the relocation and/or alteration of existing
utilities.
BP, GP CE
The applicant shall install all new utilities (water, gas, electric, cable TV and telephone)
underground. Utilities shall be extended to the property line frontage of each lot or its
public utility easement.
BP, GP CE
87
ITEM 3 | 12/5/2017
Principal Mixed-Use Planned Development Amendment
PLN 2014-1519 / ECR Principal, LLC
Conditions of Approval /
Mitigation Monitoring Program
Principal Mixed-Use 2017 Amendment
Planned Development (PD-24)
Master Plan of Development / Tract 3070 (2017)
CUP 2003-0117/TTM 2014-0107 (2017 Amendment)
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary
Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibi
lity
/Monitoring
PS: Planning
Services
BS: Building
Services
FD: Fire
Department
PD: Police
Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water
Comp.
66. The applicant shall monument all property corners for construction control and shall
promptly replace them if disturbed. Street centerline monuments shall be provided at
intersections and at the beginning and end of curves along the street centerline.
FM CE
67. The applicant shall acquire title interest in any off-site land that may be required to
allow any off-site property rights necessary for the construction of the subdivision
improvements. The applicant shall bear all costs associated with any and all off-site
property the necessary acquisitions including but not limited to legal and
administrative costs incurred by the City. The applicant shall also gain concurrence
from all adjacent property owners whose ingress and egress is affected by these
improvements.
FM CE
Slope easements shall be provided as needed to accommodate cut of fill slopes. FM CE
Drainage easements shall be provided as needed to accommodate both public and
private drainage facilities.
FM CE
The final map shall be signed by the City Engineer prior to the map being placed on
the agenda for City Council acceptance.
FM CE
Prior to recording the tract map, the applicant shall submit a map drawn in substantial
conformance with the approved tentative map and in compliance with all conditions
set forth herein. The map shall be submitted for review and approval by the City in
accordance with the Subdivision Map Act and the City's Subdivision Ordinance.
FM CE
Prior to recording the tract map, the applicant shall set monuments at all new property
corners. A registered civil engineer or licensed land surveyor shall indicate by
certificate on the parcel map, that corners have been set or shall be set by a date
specific and that they will be sufficient to enable the survey to be retraced.
68. Prior to recording the tract map, the applicant shall pay all outstanding plan
check/inspection fees.
FM CE
Prior to recording the map, the applicant shall complete all improvements required by
these conditions of approval
FM CE
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,
FM CE
88
ITEM 3 | 12/5/2017
Principal Mixed-Use Planned Development Amendment
PLN 2014-1519 / ECR Principal, LLC
Conditions of Approval /
Mitigation Monitoring Program
Principal Mixed-Use 2017 Amendment
Planned Development (PD-24)
Master Plan of Development / Tract 3070 (2017)
CUP 2003-0117/TTM 2014-0107 (2017 Amendment)
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary
Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibi
lity
/Monitoring
PS: Planning
Services
BS: Building
Services
FD: Fire
Department
PD: Police
Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water
Comp.
Atascadero Mutual Water Company). The applicant shall obtain a letter from each
utility company indicating their review of the map. The letter shall identify any new
easements that may be required by the utility company. A copy of the letter shall be
submitted to the City. New easements shall be shown on the map.
69. All existing easements of record that are to remain shall be shown and noted on the
Final Map.
FM CE
70. The City of Atascadero may require an additional map sheet for information purposes
in accordance with the Subdivision Map Act.
FM CE
71. Documents to be recorded concurrently with the Final Map (e.g.: off-site rights-of-way
dedications, easements not shown on the map, agreements, CC&Rs, etc.) shall be
listed on the certificate sheet of the map.
FM CE
72. The Subdivider shall dedicate an easement for the following over the on-site private
roadways:
A private wastewater collection system
Atascadero Mutual Water System (AMWC)
Public and private utilities
Storm water
FM CE
A 6-feet wide Public Utility Easement (PUE) shall be dedicated contiguous to all public
road rights-of-way.
FM CE
73. Drainage easements:
a. Easements shall be dedicated over areas containing drainage
improvements that benefit or serve more than one property. The
determination as to whether the easement is private or offered to the public
will be determined by the City Engineer prior to approval of the subdivision
improvement plan and Final Map.
b. Concentrated cross-lot drainage shall be avoided where possible; when
required, concentrated drainage shall be conveyed via appropriate
easements, to the satisfaction of the City Engineer.
FM CE
89
ITEM 3 | 12/5/2017
Principal Mixed-Use Planned Development Amendment
PLN 2014-1519 / ECR Principal, LLC
Conditions of Approval /
Mitigation Monitoring Program
Principal Mixed-Use 2017 Amendment
Planned Development (PD-24)
Master Plan of Development / Tract 3070 (2017)
CUP 2003-0117/TTM 2014-0107 (2017 Amendment)
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary
Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibi
lity
/Monitoring
PS: Planning
Services
BS: Building
Services
FD: Fire
Department
PD: Police
Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water
Comp.
74. Wherever an easement is created for commonly owned or operated improvements for
the benefit of more than one lot, there shall also be created a maintenance and
operations agreement, to the satisfaction of the City Engineer and City Attorney.
FM CE
75. Easements that are not intended to continue in perpetuity, or, are subject to
modification as the project develops, shall not be shown on the Final Map and shall be
recorded by separate instrument.
FM CE
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
76. 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 substantial compliance with the approved plans.
FM CE
Prior to the final inspection, the applicant shall submit a written certification from a
registered civil engineer or land surveyor that all survey monuments have been set as
shown on the final map.
BP, GP CE
77. An encroachment permit shall be obtained prior to any work within City rights of way. BP, GP CE
Prior to the issuance of building permits the applicant shall submit a grading and
drainage plan prepared by a registered civil engineer for review and approval by the
City Engineer.
BP, GP CE
Atascadero Mutual Water Company
WATER DISTRIBUTION SYSTEM
78. The Applicant shall extend the water distribution system to the satisfaction of the
Atascadero Mutual Water Company (AMWC) and City Engineer. The applicant shall
submit plans to AMWC for the water distribution facilities needed to serve the project.
AMWC shall review and approve the plans before construction begins on the water
system improvements. All water distribution facilities shall be constructed in
conformance with AMWC Standards and Details and the California Waterworks
Standards (Code of Regulations Title 22, Division 4, Chapter 16). All cross-
connection devices shall conform to AWWA and California Department of Health
Services standards.
GP, BP CE
90
ITEM 3 | 12/5/2017
Principal Mixed-Use Planned Development Amendment
PLN 2014-1519 / ECR Principal, LLC
Conditions of Approval /
Mitigation Monitoring Program
Principal Mixed-Use 2017 Amendment
Planned Development (PD-24)
Master Plan of Development / Tract 3070 (2017)
CUP 2003-0117/TTM 2014-0107 (2017 Amendment)
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary
Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibi
lity
/Monitoring
PS: Planning
Services
BS: Building
Services
FD: Fire
Department
PD: Police
Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water
Comp.
79. Each lot shall be served with a separate water lateral and meter in accordance with
the AMWC requirements.
80. Before the start of construction on the water system improvements, the applicant
shall pay all installation and connection fees required by AMWC. Subject to the
approval of AMWC, the applicant may enter in to a “deferred connection”
agreement.
GP, BP CE
81. Before issuance of building permits, the applicant shall obtain a “Will Serve” letter
from AMWC for the newly created lots within the subdivision.
GP, BP CE
The water mains required to serve the project shall be laid out in a grid or looped
pattern.
GP, BP CE
82. The water system shall include easements outside of the road rights-of-way for
water system facilities as required by the AMWC and to the satisfaction of the City
Engineer. The applicant shall provide AMWC with easements for those water
facilities proposed for operation and maintenance by AMWC that are constructed
outside of publicly maintained right-of-ways. AMWC shall review the form and
content of the easements before recordation.
GP, BP CE
83. Where the water distribution system requires an above ground reduced pressure
unit, pressure booster station or other significant above ground facility, said facility
shall be located in an easement contiguous to the road right-of-way and shall
include visual screening, to the satisfaction of the AMWC, Community
Development Director, and City Engineer.
GP, BP CE
84. The applicant shall submit a hydraulic analysis with the first plan check submittal of
the water system improvements for the project. The analysis should take into
account the fire flows required by the California Building Code.. The applicant is
responsible for designing and constructing water system improvements that will
provide water at pressures and flows adequate for the domestic and fire protection
needs of the project.
GP, BP CE
85. Fire hydrant locations shall be to the satisfaction of the City Fire Marshall and City
Engineer.
GP, BP CE
86. Properties and/or areas that are managed or owned by the HOA shall be metered
separately to the satisfaction of the AMWC. The applicant shall obtain a separate
landscape-irrigation meter(s) from AMWC for the common areas within the project,
GP, BP CE
91
ITEM 3 | 12/5/2017
Principal Mixed-Use Planned Development Amendment
PLN 2014-1519 / ECR Principal, LLC
Conditions of Approval /
Mitigation Monitoring Program
Principal Mixed-Use 2017 Amendment
Planned Development (PD-24)
Master Plan of Development / Tract 3070 (2017)
CUP 2003-0117/TTM 2014-0107 (2017 Amendment)
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary
Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibi
lity
/Monitoring
PS: Planning
Services
BS: Building
Services
FD: Fire
Department
PD: Police
Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water
Comp.
as required by the Water Company.
City Council Conditions – May 26, 2015
CC. 1 Public Works Director and Police Chief to monitor and recommend additional
red curb / no parking stripping, parking height restriction, and weight and along
Principal Avenue / El Camino Real for intersection and traffic safety prior to
final occupancy of the1st unit
BP PW
CC. 2 Public works director to work with San Luis Obispo Regional Transit Authority
on location of existing bus stops for traffic safety purposes prior to the
occupancy of the 1st unit.
BP PW
CC. 3 The proposed car -wash use to apply for a building permit prior to occupancy
for the 1st residential unit.
BP PS/BS
Mitigation Measures – Mitigated Negative Declaration 2015-0001
Mitigation Measure 1.c.1: A landscaping plan shall be submitted for all lots adjacent to
existing residential development and must identify locations of proposed evergreen trees
or similar screening trees with a minimum box size of 24-inches. These trees shall be
spaced throughout an individual lot to ensure screening of existing residences and
proposed new development.
BP PS/BS
Mitigation Measure 1.d.1: All lighting shall be designed to eliminate any off site glare. All
exterior site lights shall utilize full cut-off, “hooded” lighting fixtures to prevent offsite light
spillage and glare. Any luminaire pole height shall not exceed 20 -feet in height, limit
intensity to 2.0 foot candles at ingress /egress, and otherwise 0.6 foot candle minimum to
1.0 maximum in parking areas. No light shall be permitted to spill off -site. Fixtures shall
be shield cut-off type. Avoid wall mount fixtures at rear of building, except at exits.
BP PS/BS
Mitigation Measure 1.d.2: Applicant must submit a landscaping plan, concurrent with
building permit submittal, for the proposed carwash use. Landscaping plan shall include
tree plantings 30-feet on center along El Camino Real and additional plantings along
property boundary perimeter in designated landscaping planters.
BP PS/BS
Mitigation Measure 1.d.3: At the time of building permit submittal for car-wash portion of
the proposed project, building plans shall indicate the use of a non-reflective coating, or
other glare reducing applications on all galvanized or corrugated metal surfaces utilized as
a part of the proposed car-wash structure. Materials must be noted on construction detail
BP PS/BS
92
ITEM 3 | 12/5/2017
Principal Mixed-Use Planned Development Amendment
PLN 2014-1519 / ECR Principal, LLC
Conditions of Approval /
Mitigation Monitoring Program
Principal Mixed-Use 2017 Amendment
Planned Development (PD-24)
Master Plan of Development / Tract 3070 (2017)
CUP 2003-0117/TTM 2014-0107 (2017 Amendment)
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary
Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibi
lity
/Monitoring
PS: Planning
Services
BS: Building
Services
FD: Fire
Department
PD: Police
Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water
Comp.
sheets and lead project designer of record must submit a letter certifying application of
materials prior to building permit final.
Mitigation Measure 1.d.4: At the time of building permit submittal for car-wash portion of
the proposed project, applicant must submit a photometric plan showing locations of
proposed on-site lighting. All exterior site lights shall utilize full cut-off, “hooded” lighting
fixtures to prevent offsite light spillage and glare. Fixtures shall be shield cut-off type. Prior
to final occupancy, City Staff and the applicant shall meet on-site and review lights at dusk
condition to ensure off-site light spillage and glare.
BP PS/BS
Mitigation Measure 3.b.1: The project shall be conditioned to comply with all applicable
District regulations pertaining to the control of fugitive dust (PM-10) as contained in
Section 2 “Assessing and Mitigating Construction Impacts.”
2.4 Fugitive Dust Mitigation Measures:
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 and from exceeding the APCD’s limit of 20%
opacity for greater than 3 minutes in any 60 minute period. Increased watering
frequency would be required whenever wind speeds exceed 15 mph. Reclaimed
(non-potable) water should be used whenever possible; please note that since
water use is a concern due to drought conditions, the contractor or builder shall
consider the use of an APCD-approved dust suppressant where feasible to
reduce the amount of water used for dust control. For a list of suppressants, see
Section 4.3 of the CEQA Air Quality Handbook;
c. All dirt stock pile areas should be sprayed daily and covered with tarps or other
dust barriers as needed;
d. Permanent dust control measures identified in the approved project revegetation
and landscape plans should be implemented as soon as possible, following
completion of any soil disturbing activities;
e. Exposed ground areas that are planned to be reworked at dates greater than one
month after initial grading should be sown with a fast germinating, non -invasive,
grass seed and watered until vegetation is established;
f. All disturbed soil areas not subject to revegetation should be stabilized using
approved chemical soil binders, jute netting, or other methods approved in
advance by the APCD;
g. All roadways, driveways, sidewalks, etc. to be paved should be completed as
soon as possible. In addition, building pads should be laid as soon as possible
after grading unless seeding or soil binders are used;
BP PS/BS
93
ITEM 3 | 12/5/2017
Principal Mixed-Use Planned Development Amendment
PLN 2014-1519 / ECR Principal, LLC
Conditions of Approval /
Mitigation Monitoring Program
Principal Mixed-Use 2017 Amendment
Planned Development (PD-24)
Master Plan of Development / Tract 3070 (2017)
CUP 2003-0117/TTM 2014-0107 (2017 Amendment)
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary
Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibi
lity
/Monitoring
PS: Planning
Services
BS: Building
Services
FD: Fire
Department
PD: Police
Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water
Comp.
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 wash 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 shall be used with reclaimed water
should be used where feasible. Roads shall be pre-wetted prior to sweeping
when feasible;
l. All PM10 mitigation measures required should be shown on grading and building
plans; and,
m. The contractor or builder shall designate a person or persons to monitor the
fugitive dust emissions and enhance the implementation of the measures as
necessary to minimize dust complaints, reduce visible emissions below the
APCD’s limit of 20% opacity for greater than 3 minutes in any 60 minute period.
Their duties shall include holidays and weekend periods when work may not be in
progress. The name and telephone number of such persons shall be provided to
the APCD Compliance Division prior to the start of any grading, earthwork or
demolition.
Mitigation Measure 3.b.2: The project shall be conditioned to comply with all applicable
APCD regulations pertaining to Naturally Occurring Asbestos (NOA). Prior to any grading
activities a geologic evaluation should be conducted to determine if NOA is present within
the area that will be disturbed. If NOA is not present, and exemptions request mus t be filed
with the District. If NOA is found at the site, the applicant must comply with all
requirements outlined in the Asbestos ATCM. This may include development of an
Asbestos Dust Mitigation Plan and an Asbestos Health and Safety program for approval by
the APCD. Technical Appendix 4.4 of the SLO County APCD CEQA Air Quality Handbook
includes a map of zones throughout San Luis Obispo County where NOA has been found
and geological evaluation is required prior to any grading.
BP PS/BS
Mitigation Measure Addendum (2015 certified MND): Demolition activities can have
potential negative air quality impacts, including issues surrounding proper handling,
demolition, and disposal of asbestos containing material (ACM). Asbestos containing
materials could be encountered during the demolition or remodeling of existing buildings or
the disturbance, demolition, or relocation of above or below ground utility pipes/pipelines
(e.g., transite pipes or insulation on pipes). This project includes these activities and
BP BS
94
ITEM 3 | 12/5/2017
Principal Mixed-Use Planned Development Amendment
PLN 2014-1519 / ECR Principal, LLC
Conditions of Approval /
Mitigation Monitoring Program
Principal Mixed-Use 2017 Amendment
Planned Development (PD-24)
Master Plan of Development / Tract 3070 (2017)
CUP 2003-0117/TTM 2014-0107 (2017 Amendment)
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary
Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibi
lity
/Monitoring
PS: Planning
Services
BS: Building
Services
FD: Fire
Department
PD: Police
Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water
Comp.
therefore it may be subject to various regulatory jurisdictions, including the requirements
stipulated in the National Emission Standard for Hazardous Air Pollutants (40CFR61,
Subpart M - asbestos NESHAP). These requirements include, but are not limited to: 1)
written notification, within at least 10 business days of activities commencing, to the
APCD, 2) asbestos survey conducted by a Certified Asbestos Consultant, and, 3)
applicable removal and disposal requirements of identified ACM. Please contact the
APCD Enforcement Division at (805) 781-5912 for further information.
Mitigation Measure Addendum (2015 certified MND): Effective February 25, 2000, the
APCD prohibited developmental burning of vegetative material within San Luis Obispo
County. If you have any questions regarding these requirements, contact the APCD
Enforcement Division at 781-5912.
BP PS/BS
Mitigation Measure Addendum (2015 certified MND): Portable equipment, 50 horsepower
(hp) or greater, used during construction activities may require California statewide
portable equipment registration (issued by the California Air Resources Board) or an
APCD permit.
The following list is provided as a guide to equipment and operations that may have
permitting requirements, but should not be viewed as exclusive. For a more detailed
listing, refer to the Technical Appendices, page 4-4, in the APCD's 2012 CEQA Handbook.
Power screens, conveyors, diesel engines, and/or crushers;
Portable generators and equipment with engines that are 50 hp or greater;
Electrical generation plants or the use of standby generator;
Internal combustion engines;
Rock and pavement crushing; and
Tub grinders.
To minimize potential delays, prior to the start of the project, please contact the APCD
Engineering Division at (805) 781-5912 for specific information regarding permitting
requirements.
BP PS/BS
Mitigation Measure Addendum (2015 certified MND): Under APCD Rule 504, only APCD
approved wood burning devices can be installed in new dwelling units. These devices
include:
All EPA-Certified Phase II wood burning devices;
Catalytic wood burning devices which emit less than or equal to 4.1 grams per
hour of particulate matter which are not EPA-Certified but have been verified
by a nationally-recognized testing lab;
BP PS/BS
95
ITEM 3 | 12/5/2017
Principal Mixed-Use Planned Development Amendment
PLN 2014-1519 / ECR Principal, LLC
Conditions of Approval /
Mitigation Monitoring Program
Principal Mixed-Use 2017 Amendment
Planned Development (PD-24)
Master Plan of Development / Tract 3070 (2017)
CUP 2003-0117/TTM 2014-0107 (2017 Amendment)
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary
Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibi
lity
/Monitoring
PS: Planning
Services
BS: Building
Services
FD: Fire
Department
PD: Police
Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water
Comp.
Non-catalytic wood burning devices which emit less than or equal to 7.5
grams per hour of particulate matter which are not EPA-Certified but have
been verified by a nationally-recognized testing lab;
Pellet-fueled woodheaters; and
Dedicated gas-fired fireplaces.
If you have any questions about approved wood burning devices, please contact the
APCD Enforcement Division at 781-5912.
Mitigation Measure 4.a.1: A qualified biologist shall conduct a pre-construction survey
within 30 days of initial site disturbance to identify whether silvery legless lizards are
present. If silvery legless lizards are detected, a biological monitor shall be present during
initial ground disturbing and vegetation removal activities to allow for a salvage and
relocation effort for the lizard and other ground dwelling common wildlife that may be
present.
BP PS
Mitigation Measure 4.a.2: Conduct a springtime rare plant survey to determine the
presence/absence of any special-status plants. Should any be discovered, implement a
seed and/or plant salvage program and incorporate the salvaged material into the
drainage setback and detention basin landscaped areas.
BP PS
Mitigation Measure 4.b.c.1: The applicant shall obtain Clean Water Act (CWA) regulatory
compliance in the form of a permit from the Corps or written documentation from the Corps
that no permit would be required for work in the ephemeral drainage. Should a permit be
required, the applicant shall implement all the terms and conditions of the permit to the
satisfaction of the Corps. Corps permits and authorizations require applicants to
demonstrate that the proposed project has been designed and will be implemented in a
manner that avoids and minimizes impacts on aquatic resources. Compliance with Corps
permitting would also include obtaining and CWA 401 Water Quality Certification from the
Regional Water Quality Control Board (RWQCB). In addition, the Corps and RWQCB may
require compensatory mitigation for unavoidable permanent impacts on riparian/wetland
habitat to achieve the goal of a no net loss of wetland values and functions. As such,
regulatory compliance would reduce potential impacts on waters of the U.S. to a less than-
significant level.
BP PS
Mitigation Measure 4.b.c.2: The applicant shall obtain compliance with Section 1600
et.seq. of the California Fish and Game Code (Streambed Alteration Agreements) in the
form of a completed Streambed Alteration Agreement or written documentation from the
CDFW that no agreement would be required for work within the ephemeral drainage and
riparian habitat (stream zone). Should an agreement be required, the applicant shall
implement all the terms and conditions of the agreement to the satisfaction of the CDFW.
The CDFW Streambed Alteration Agreement process encourages applicants to
BP PS
96
ITEM 3 | 12/5/2017
Principal Mixed-Use Planned Development Amendment
PLN 2014-1519 / ECR Principal, LLC
Conditions of Approval /
Mitigation Monitoring Program
Principal Mixed-Use 2017 Amendment
Planned Development (PD-24)
Master Plan of Development / Tract 3070 (2017)
CUP 2003-0117/TTM 2014-0107 (2017 Amendment)
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary
Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibi
lity
/Monitoring
PS: Planning
Services
BS: Building
Services
FD: Fire
Department
PD: Police
Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water
Comp.
demonstrate that the proposed project has been designed and will be implemented in a
manner that avoids and minimizes impacts in the stream zone. In addition, CDFW may
require compensatory mitigation for unavoidable impacts on riparian habitat in the form of
onsite riparian habitat restoration to the extent feasible. As such, regulatory compliance
would reduce potential impacts on waters of the state to a less -than-significant level.
Mitigation Measure 4.d.1: Vegetation removal and initial site disturbance shall be
conducted between September 1 and January 31 outside of the nesting season for birds. If
vegetation and/or tree removal is planned for the bird nesting season (February 1 to
August 31), then preconstruction nesting bird surveys shall be required to determine if any
active nests would be impacted by project construction. If no active nests are found, then
no further mitigation shall be required.
BP PS
Mitigation Measure 4.d.2: If any active nests are found that would be impacted by
construction, then the nest sites shall be avoided with the establishment of a non-
disturbance buffer zone around active nests as determined by a qualified biologist. Nest
sites shall be avoided and protected with the non-disturbance buffer zone until the adults
and young of the year are no longer reliant on the nest site for survival as determined by a
qualified biologist. As such, avoiding disturbance or take of an active nest would reduce
potential impacts on nesting birds to a less-than-significant level.
Mitigation Measure 4.e.1: Grading and excavation and grading work shall be consistent
with the City of Atascadero Tree Ordinance. Special precautions when working around
native trees include:
1. All existing trees outside of the limits of work shall remain.
2. Earthwork shall not exceed the limits of the project area.
3. Low branches in danger of being torn from trees shall be pruned prior to any
heavy equipment work being done.
4. Vehicles and stockpiled material shall be stored outside the drip line of all trees.
5. All trees within twenty feet of construction work shall be fenced for protection with
4-foot chain link, snow or safety fencing placed per the approved tree protection
plan. Tree protection fencing shall be in place prior to any site excavation or
grading. Fencing shall remain in place until completion of all construction
activities.
6. Any roots that are encountered during excavation shall be clean cut by hand and
sealed with an approved tree seal.
7. Utilities such as water, gas, power, cable, storm drainage, and sewer should be
redirected from under the canopy of any trees that are to remain.
8. Where a building is placed within the canopy of a tree the foundation should be
redesigned so that it bridges across any root systems.
9. Any foundation or other structure that encroaches within the drip line of trees to
be saved shall be dug by hand.
10. At no time shall tree roots be ripped with construction equipment.
BP PS/ BS
97
ITEM 3 | 12/5/2017
Principal Mixed-Use Planned Development Amendment
PLN 2014-1519 / ECR Principal, LLC
Conditions of Approval /
Mitigation Monitoring Program
Principal Mixed-Use 2017 Amendment
Planned Development (PD-24)
Master Plan of Development / Tract 3070 (2017)
CUP 2003-0117/TTM 2014-0107 (2017 Amendment)
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary
Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibi
lity
/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 4.e.2: Tree protection fencing shall be installed at the locations called
out in the Tree Protection Plan. An inspection of the tree fencing shall be done by City
staff prior to issuance of building permits.
BP PS/ BS
Mitigation Measure 4.e.3: The following measure shall be incorporated on-site during the
construction process of the proposed project:
1. A minimum height construction protective barrier shall be erected around
the drip line of the tree plus 4’. The fence shall be supported with “T”
posts at no more than 6’ o.c. and tied at least 3 places per post. This
fence shall be installed by the General Contractor before any rough
grading is allowed on the site. Approval for this stage must be obtained
in writing from either the Arborist or the Counties/Cities representative.
2. Earthwork shall not exceed the limits of the project area.
3. Low branches in danger of being torn during construction process shall
be pruned prior to any heavy equipment work being undertaken.
4. Once the rough grading is accomplished the fence may be moved closer
to the trunk of the tree for finish grading. At no time shall the fence be
placed within the Critical Root Zone (CRZ). This location is determined
by the diameter of the trunk at D.B.H. (4.5’ above grade) and is 1’ per 1”
diameter in the direction of the drip line. At no time shall the fence be
moved closer to the trunk than the drip line.
5. Any roots that are encountered over 2” diameter, during the excavation
process shall be clean cut perpendicular to the direction of root growth
with a handsaw. At no time shall tree seal be applied to any cut. Any
roots over 2” diameter the county/city representative shall be notified to
determine the preferred course of action.
6. All trenching with CRZ area shall require hand trenching to preserve and
protect roots over 2” in diameter.
7. No grading of trenching is allowed within the CRZ fenced area without
written permission from the County/City representative or a certified
arborist.
8. Any roots over 4” in diameter are not to be cut or ripped until inspected
and approved in writing by the arborist.
9. If, for whatever reason, work must be accomplished inside the drip line
4”-6” of mulch must be applied first to decrease the possibilities of
compaction upon written approval from the arborist.
10. There shall be a pre-construction meeting between the
BP PS/ BS
98
ITEM 3 | 12/5/2017
Principal Mixed-Use Planned Development Amendment
PLN 2014-1519 / ECR Principal, LLC
Conditions of Approval /
Mitigation Monitoring Program
Principal Mixed-Use 2017 Amendment
Planned Development (PD-24)
Master Plan of Development / Tract 3070 (2017)
CUP 2003-0117/TTM 2014-0107 (2017 Amendment)
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary
Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibi
lity
/Monitoring
PS: Planning
Services
BS: Building
Services
FD: Fire
Department
PD: Police
Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water
Comp.
Engineering/Planning staff of the County/City, Grading equipment
operators, Project Superintendent and the Arborist to review the project
conditions and requirements prior to any grubbing or earth work for any
portions of the project site. All tree protection fencing shall be installed
for inspection prior to this meeting.
11. All trees shall be pruned before any construction takes place that are in
the development areas to be saved if they might be damaged by the
construction equipment. This must be accomplished by a bonded,
licensed, and certified Tree Service Contractor.
12. All debris shall be cleared from the area or chipped and spread on the
site or stacked in orderly piles for future use by the Owner, at the
Owners request.
13. In locations where paving is to occur within the drip line grub only and do
not compact unless authorized in writing. Permeable pavers or other
preamble surface must be approved by the Arborist.
Mitigation Measure 4.e.4: Upon project completion and prior to final occupancy a final
status report shall be prepared by the project arborist certifying that the tree protection
plan was implemented, the trees designated for protection were protected during
construction, and the construction-related tree protection measures are no longer required
for tree protection.
FO PS/
Mitigation Measure 4.e.5: All utilities shall remain outside the driplines of native trees.
BP PS/ BS
Mitigation 5.d.1: In the event that human remains are discovered on the property, all work
on the project shall stop and the Atascadero Police Department and the County Coroner
shall be contacted. The Atascadero Community Development Department shall be
notified. If the human remains are identified as being Native American, the California
Native American Heritage Commission (NAHC) shall be contacted at (916) 653 -4082
within 24 hours. A representative from both the Chumash Tribe and the Salinan Tribe
shall be notified and present during the excavation of any remains.
BP / GP PS
Mitigation Measure 6.b.1: The on-site subdivision / grading permit plans shall include
erosion control measures to prevent soil, dirt, and debris from entering the storm drain
system during and after construction, consistent with mitigation or construction methods
outlined in the geotechnical report. Plans shall be approved by the City Engineer prior to
issuance.
GP PS/CE
99
ITEM 3 | 12/5/2017
Principal Mixed-Use Planned Development Amendment
PLN 2014-1519 / ECR Principal, LLC
Conditions of Approval /
Mitigation Monitoring Program
Principal Mixed-Use 2017 Amendment
Planned Development (PD-24)
Master Plan of Development / Tract 3070 (2017)
CUP 2003-0117/TTM 2014-0107 (2017 Amendment)
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary
Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibi
lity
/Monitoring
PS: Planning
Services
BS: Building
Services
FD: Fire
Department
PD: Police
Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water
Comp.
Mitigation Measure 6.b.2: All cut and fill slopes mitigated with an appropriate erosion
control method (erosion control blanket, hydro-mulch, or straw mulch appropriately
anchored) immediately after completion of earthwork, as approved by the City Engineer.
All disturbed slopes shall have appropriate erosion control methods in place.
GP PS/CE
Mitigation Measure 6.b.3: The contractor will be responsible for the clean-up of any mud or
debris that is tracked onto public streets by construction vehicles. An approved device
must be in place prior to commencement of grading activities. This device shall be
approved by the City Engineer.
GP PS/CE
Mitigation Measure 6.b.4: A re-vegetation plan shall be submitted with building permits.
All disturbed cut and fill slopes shall be vegetated as specified in a landscaping plan. The
landscaping plan must be approved by both the Community Development Department and
the Public Works Department.
GP PS/CE
Mitigation Measure 8.h.1: Construction will comply with section the California Building and
Fire Codes. New residences in the City are required to install fire sprinklers. Fire protection
measures shall include the use of non-combustible exterior construction and roofs and fire-
resistant building materials.
BP FD
Mitigation Measure 9.d.e.f.1: The project must include a series of pervious driveways,
parking space pervious cross-sections, landscaped areas, and a shallow retention pond
intercepting existing El Camino Real runoff in small storm events. Construction of two (2)
detention basins located along the existing ephemeral drainage to detain the peak
developed runoff coming from the new development is required. The detention basins
must meet the City’s drainage design standards with surface runoff being treated for water
quality through structural control measures including: disconnected downspouts flowing to
vegetated bio-swales, and pervious pavement areas to control storm volume. The two
detention ponds must meet the City’s peak runoff management criteria to maintain pre-
developed flow conditions for the two year storm event and control a fifty year maximum
storm with one foot of freeboard. In storm events with greater than a fifty year recurrence
interval, the detention pond must control discharge with a pipe out-flowing no more than
the existing two year peak flow.
GP PS/CE
Mitigation Measure 9.d.e.f.2: The developer is responsible for ensuring that all
contractors are aware of all storm water quality measures and that such measures are
implemented. Failure to comply with the approved construction Best Management
Practices will result in the issuance of correction notices, citations, or stop orders
GP PS/CE
Mitigation Measure 12.a.1: In order to reduce the impact of the air blower noise, the
Acoustic Study recommends blowers be placed deeper in the tunnel.
BP PS/BP
100
ITEM 3 | 12/5/2017
Principal Mixed-Use Planned Development Amendment
PLN 2014-1519 / ECR Principal, LLC
Conditions of Approval /
Mitigation Monitoring Program
Principal Mixed-Use 2017 Amendment
Planned Development (PD-24)
Master Plan of Development / Tract 3070 (2017)
CUP 2003-0117/TTM 2014-0107 (2017 Amendment)
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary
Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibi
lity
/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 12.a.2: The Acoustic Study recommends the addition of acoustical
protection to the facades of the residences that face the car wash site. This would have
the additional benefit of reducing their exposure to traffic noise from El Camino Real.
BP PS/BP
Mitigation Measure 12.a.3: Following completion of the car wash phase of construction,
noise levels may be reassessed to determine the need for a noise barrier wall. The wall
could be constructed at the side of the exit drive and would be most effective if it were
several feet higher than the height of the blower closest to the exit. A wall extending eight
feet from the end of the tunnel would reduce sideline noise levels by six decibels.
BP PS/BP
Mitigation Measure 12.a.4: The Acoustic Study recommends the following design and
structural specifications for achieving a 25 decibel noise reduction.
Installation of an air conditioning or a mechanical ventilation system so that
windows in rooms and office spaces facing east can remain closed.
Exterior doors facing east should be solid core with sweeps and seals that make
a positive closure.
Exterior walls should be constructed of stucco 7/8” three coats over plywood 5/8”
on exterior.
Interior surfacing should be 5/8” for drywall interior. Additional acoustic insulation
could be achieved by two layers of drywall or application over resilient furring
channels.
Glass in both windows and doors should not exceed twenty percent (20%) of the
floor area in a room. This is for conventional windows. It i s reasonable to permit
an increased opening size if the window assembly conforms to the specifications
providing a greater than 25 decibel NLR. The greatest improvement in the sound
insulation of windows can be achieved by using thicker glass and a larger air
space between panes in dual glazed windows. STC values may be used in
estimating a window’s sound blocking qualities by the newer, Outdoor-Indoor
Transmission Class or OITC (ASTM E1332) value is preferred and more
appropriate for units exposed to transportation noise.
Voids around windows should be filled with insulation and wood blocking, and the
perimeter of windows thoroughly caulked.
Vents and openings should be minimized on the sides of the buildings exposed to
the road and if vents are required, they should be designed with acoustical
baffles.
BP PS/BP
Mitigation Measure 15.a.1: The applicant, prior to final map recordation, must annex into
the City’s Community Facilities District (CFD) that will be levied to residents on an annual
basis within the proposed project boundary to off-set additional maintenance costs by new
residents on existing recreation facilities maintained by the City.
FM PS/CE
101
ITEM 3 | 12/5/2017
Principal Mixed-Use Planned Development Amendment
PLN 2014-1519 / ECR Principal, LLC
Conditions of Approval /
Mitigation Monitoring Program
Principal Mixed-Use 2017 Amendment
Planned Development (PD-24)
Master Plan of Development / Tract 3070 (2017)
CUP 2003-0117/TTM 2014-0107 (2017 Amendment)
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary
Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibi
lity
/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 16.a.b.1: Striping Principal Ave must be provide a designated left and
right turn lane between El Camino Real and the westerly project driveway to reduce
queuing times and traffic impacts.
BP PS/CE
Mitigation Measure 16.a.b.2: Restricting parking to improve sight lines for vehicles exiting
the commercial driveway on the south side of Principal Ave must be approved by the
Public Works department. This may include red curb striping / signage or any other
additional devices required to enforce no parking along this segment.
BP PS/CE/F
D
Mitigation Measure 16.a.b.3: Payment of Circulation System Fee (TIF) shall be made prior
to the issuance of building permits for all residential and non-residential uses that
contribute to the deficiencies to the US 101 / Santa Rosa Road interchange. Those traffic
impact fees shall be collected as follows: $5,597 per residential unit (medium density);
$9.3710 per square foot (sf) for proposed car wash use; $6.8720 per square foot for
commercial uses. Consistent with the Subdivision Map Act, vesting right of fees shall
expire within one (1) year of the date that the final map is recorded. Any building permit not
applied for by the expiration of the vesting right will pay impact fee(s) as adopted at the
time of building permit application.
BP/FO PS
Mitigation Measure 17.d.1: Landscaping plans shall be submitted to the Community
Development Department for review and approval. Landscaping must consist of drought
tolerant species and utilize drip irrigation. Turf shall not be permitted as a part of the
approved landscaping plan.
BP PS
102
ITEM 3 | 12/5/2017
Principal Mixed-Use Planned Development Amendment
PLN 2014-1519 / ECR Principal, LLC
EXHIBIT B: Master Plan of Development / Site Plan (2017)
103
ITEM 3 | 12/5/2017
Principal Mixed-Use Planned Development Amendment
PLN 2014-1519 / ECR Principal, LLC
EXHIBIT C: Landscape Plan (2017)
104
ITEM 3 | 12/5/2017
Principal Mixed-Use Planned Development Amendment
PLN 2014-1519 / ECR Principal, LLC
EXHIBIT D: Mixed-Use Elevations / Floor Plans (2017)
See conditions of approval
which require modifications
to first floor front and rear
elevation designs
105
ITEM 3 | 12/5/2017
Principal Mixed-Use Planned Development Amendment
PLN 2014-1519 / ECR Principal, LLC
EXHIBIT D: Mixed-Use Elevations / Floor Plans (2017)
106
ITEM 3 | 12/5/2017
Principal Mixed-Use Planned Development Amendment
PLN 2014-1519 / ECR Principal, LLC
EXHIBIT E: Car-Wash Elevations / Floor Plan (2015)
107
ITEM 3 | 12/5/2017
Principal Mixed-Use Planned Development Amendment
PLN 2014-1519 / ECR Principal, LLC
EXHIBIT E: Car-Wash Elevations / Floor Plan (2015)
108
ITEM 3 | 12/5/2017
Principal Mixed-Use Planned Development Amendment
PLN 2014-1519 / ECR Principal, LLC
EXHIBIT D2: Car-Wash Elevations / Floor Plan (2015)
109
ITEM 3 | 12/5/2017
Principal Mixed-Use Planned Development Amendment
PLN 2014-1519 / ECR Principal, LLC
EXHIBIT F: Detached SFR Elevations and Floor Plans (2017)
110
ITEM 3 | 12/5/2017
Principal Mixed-Use Planned Development Amendment
PLN 2014-1519 / ECR Principal, LLC
EXHIBIT F: Detached SFR Elevations and Floor Plans (2017)
111
ITEM 3 | 12/5/2017
Principal Mixed-Use Planned Development Amendment
PLN 2014-1519 / ECR Principal, LLC
EXHIBIT F: Detached SFR Elevations and Floor Plans (2017)
112
ITEM 3 | 12/5/2017
Principal Mixed-Use Planned Development Amendment
PLN 2014-1519 / ECR Principal, LLC
EXHIBIT F: Detached SFR Elevations and Floor Plans (2017)
113
ITEM 3 | 12/5/2017
Principal Mixed-Use Planned Development Amendment
PLN 2014-1519 / ECR Principal, LLC
EXHIBIT G: Elevation Key – Porches, Side & Rear enhancement locations (2017)
See conditions of
approval which
require upgraded
elevation styles on
additional Lots 12
and 27
114
ITEM 3 | 12/5/2017
Principal Mixed-Use Planned Development Amendment
PLN 2014-1519 / ECR Principal, LLC
EXHIBIT H: Attached Units Elevations and Floor Plan (tri-plex) (2017)
See conditions of
approval which require
extended covered
porches on the side
elevations (above the
front door) on lots 33, lot
28, lot 34, and lot 36.
115
ITEM 3 | 12/5/2017
Principal Mixed-Use Planned Development Amendment
PLN 2014-1519 / ECR Principal, LLC
EXHIBIT H: Attached Units Elevations and Floor Plan (tri plex) (2017)
116
ITEM 3 | 12/5/2017
Principal Mixed-Use Planned Development Amendment
PLN 2014-1519 / ECR Principal, LLC
EXHIBIT I: Grading and Drainage Plan (2017)
117
ITEM 3 | 12/5/2017
Principal Mixed-Use Planned Development Amendment
PLN 2014-1519 / ECR Principal, LLC
EXHIBIT J: Utility Plan (Overhead Utility Locations (2017)
118
ITEM 3 | 12/5/2017
Principal Mixed-Use Planned Development Amendment
PLN 2014-1519 / ECR Principal, LLC
EXHIBIT K: Fencing Plan (2017)
See conditions of
approval which
require modifications
to fencing locations
(increased setbacks)
on Lots 3, 34, and 21
119
ITEM 3 | 12/5/2017
Principal Mixed-Use Planned Development Amendment
PLN 2014-1519 / ECR Principal, LLC
EXHIBIT L: Color and Materials (2017)
**See project file for colors**
120
ITEM 3 | 12/5/2017
Principal Mixed-Use Planned Development Amendment
PLN 2014-1519 / ECR Principal, LLC
EXHIBIT L: Color and Materials
121
ITEM 3 | 12/5/2017
Principal Mixed-Use Planned Development Amendment
PLN 2014-1519 / ECR Principal, LLC
EXHIBIT L: Color and Materials (2017)
122
ITEM 3 | 12/5/2017
Principal Mixed-Use Planned Development Amendment
PLN 2014-1519 / ECR Principal, LLC
EXHIBIT L: Color and Materials (2017)
123
ITEM 3 | 12/5/2017
Principal Mixed-Use Planned Development Amendment
PLN 2014-1519 / ECR Principal, LLC
EXHIBIT L: Color and Materials (2017)
See conditions of approval
which require the color
scheme for the 6-plex live
work building to be modified to
reduce the total number of
colors used for a more
simplified color scheme
124
ITEM 3 | 12/5/2017
Principal Mixed-Use Planned Development Amendment
PLN 2014-1519 / ECR Principal, LLC
EXHIBIT M: Landscape Screening Plan (2017)
125
ITEM 3 | 12/5/2017
Principal Mixed-Use Planned Development Amendment
PLN 2014-1519 / ECR Principal, LLC
EXHIBIT M: Landscape Screening Plan (2017)
126
ITEM 3 | 12/5/2017
Principal Mixed-Use Planned Development Amendment
PLN 2014-1519 / ECR Principal, LLC
EXHIBIT M: Landscape Screening Plan (2017)
127
ITEM 3 | 12/5/2017
Principal Mixed-Use Planned Development Amendment
PLN 2014-1519 / ECR Principal, LLC
EXHIBIT N: Car-Wash Signage (2015)
128
ITEM 3 | 12/5/2017
MIXED-USE PLANNED DEVELOPMENT, 9105 PRINCIPAL AVE
PLN 2014-1519 / ECR Principal LLC
ATTACHMENT 9: Draft PC Resolution 2017-D
VESTING TENATIVE SUBDISION MAP (TTM) 2014-0107 (2017)
DRAFT PC RESOLUTION 2017-D
RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ATASCADERO, CALIFORNIA,
RECOMMENDING THE CITY COUNCIL APPROVE A VESTING
TENTATIVE SUBDIVISION MAP 2014-0107 (2017), AN APPROVAL OF A
FIFTY-TWO (52) LOT SUBDIVISION CONSISTENT WITH A MASTER
PLAN OF DEVELOPMENT ON APN 030-491-001, 013, 019, 020
(9105 Principal Avenue / ECR Principal, LLC)
WHEREAS, an application has been received from Barry Ephraim of ECR Principal,
LLC (125 South Bowling Green Way, Los Angeles, CA 90049), Applicant and Owner, and
Principal Partners LLC, (555 Ramona Drive, San Luis Obispo, CA 93405), Owner, to
amendment a previously approved Master Plan of Development, amend a planned development
overlay, (Commercial Retail/Residential Multi-Family-10 with Planned Development Overlay
#24) and approve a new Vesting Tentative Tract Map on a 5.25-acre site located at 9105, 9107,
9109 Principal Ave and 9300 Pino Solo (APN 030-491-001, 013, 019, 020); and,
WHEREAS, the site’s current General Plan Land Use Designation is Medium Density
Residential (MDR) and General Commercial (GC; and,
WHEREAS, the site’s current Zoning Designation is Residential Multi-Family (RMF-
10) and Commercial Retail (CR) with a Planned Development #24 (PD24) overlay; and,
WHEREAS, the PD-24 requires the adoption of a Master Plan of Development,
approved in the form of a Conditional Use Permit; and
WHEREAS, the City Council approved the original Master Plan of Development (CUP
2003-0117) of the project on October 12, 2004, and approved the most recent amendment to the
Master Plan of Development on May 26, 2015; and,
WHEREAS, a Vesting Tentative Subdivision Map (TTM 2014-0107) previously
approved for the site on May 26, 2015, will be considered expired with approval of Vesting
Tentative Subdivision Map 2014-0107/2017 (Tract 3070); and,
WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2015-0001
were prepared for the project and made available for public review in accordance with the
requirements of the California Environmental Quality Act (CEQA); and,
129
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MIXED-USE PLANNED DEVELOPMENT, 9105 PRINCIPAL AVE
PLN 2014-1519 / ECR Principal LLC
WHEREAS, the certified Mitigated Negative Declaration adequately addresses the
effects of the project as proposed for amendment and no substantial changes have been made in
the project, no substantial changes in the circumstances under which the project is being
undertaken and no new information of substantial importance to the project which was not
known or could not have been known when the Mitigated Negative Declaration No. 2015 -0001
was certified has become known, and therefore, and addendum to the MND has been prepared
for the revised project and no further environmental review is required; and,
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA) have been adhered to; and,
WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed
Public Hearing held on December 5, 2017 studied and considered the proposed Vesting
Tentative Subdivision Map (TTM) 2014-0107/2017, after studying and considering the certified
Mitigated Negative Declaration and MND Addendum prepared for the project; and,
NOW THEREFORE, BE IT RESOLVED, the Planning Commission of the City of
Atascadero takes the following actions:
SECTION 1. Findings of Approval for Tentative Tract Map, the Planning Commission of
the City of Atascadero recommends that the City Council find as follows:
1. The proposed subdivision, design and improvements as conditioned, is consistent with
the General Plan and applicable zoning requirements, including provisions of the PD-24
overlay district.
Fact. The proposed amendments are consistent with General Plan Land Use Policies 1.1,
1.3, 2.3, 5.3, 6.1, 7.1, 7.2, 8.5, 15.1, and 15.6; Circulation Policies 1.1, 1.3, 1.4, and 1.5;
and Housing Element Policies 1.1, 4.1, and 4.3. The site complies with density standards
for the RMF-10 zoning district. The Planned Development 24 overlay allows for
development standards to be established through a Master Plan of Development. The
proposed project is consistent with the Zoning Ordinance and the PD 24 as proposed for
amendment.
2. The proposed subdivision, as conditioned, is consistent with the proposed Planned
Development Overlay District-24 Master Plan of Development (CUP 2003-0117).
Fact. The subdivision is consistent with the currently proposed Master Plan of
Development.
130
ITEM 3 | 12/5/2017
MIXED-USE PLANNED DEVELOPMENT, 9105 PRINCIPAL AVE
PLN 2014-1519 / ECR Principal LLC
3. The site is physically suitable for the type of development proposed.
Fact. The site is mostly flat, with slopes near Pino Solo and along the ephemeral
drainage area. Development has been designed to avoid the drainage swale and most of
the large native trees on site. The overall development pattern and site layout has been
maintained consistent with the 2015 project approval.
4. The site is physically suitable for the density of development proposed.
Fact. The site is located between a major commercial area on El Camino Real, and a
single-family residential development to the west. The configuration of the project
design takes into account natural topography of the site, and acts as a buffer between
commercial and single-family residential uses.
5. The design and improvement of the proposed subdivision will not cause substantial
environmental damage or substantially and unavoidably injure fish and wildlife or their
habitat.
Fact. Setbacks are maintained between the proposed development and the ephemeral
drainage swale on site. Permits, or letters of exemption, are required from permitting
agencies for work around the swale, as identified in the mitigation measures.
6. The design of the subdivision or the type of improvements will not cause serious health
problems.
Fact. A mitigated negative declaration was prepared for the project, which considered
environmental effects, including impacts to air quality, and determined the project would
not create significant impact with the incorporated mitigation measures. The design of
the subdivision or the type of improvements will not cause serious health problems
7. The design of the subdivision will not conflict with easements acquired by the public at
large for access through, or the use of property within, the proposed subdivision; or
substantially equivalent alternative easements are provided.
Fact. The site is private property, currently fenced and restricted to public access.
Frontage improvements will be installed to provide pedestrian access on sidewalks
around the periphery of the project site.
8. Covenants, Conditions and Restrictions (CC&R’s) or equivalent shall be required that
incorporate the Master Plan of Development conditions of approval to ensure that the site
retains the proposed qualities (architecture, colors, materials, plan amenities, fencing, and
landscaping) over time.
131
ITEM 3 | 12/5/2017
MIXED-USE PLANNED DEVELOPMENT, 9105 PRINCIPAL AVE
PLN 2014-1519 / ECR Principal LLC
Fact. A condition of approval has been included in the attached resolution, requiring
CC&R’s be recorded concurrently with the final map.
9. The proposed subdivision design and type of improvements proposed will not be
detrimental to the health, safety or welfare of the general public.
Fact. The proposed residential use will not be detrimental to the health, safety, or welfare
of the general public or persons residing in the neighborhood. A residential use is
consistent with the surrounding neighborhood to the west and south, and the commercial
development is consistent with the adjacent commercial uses on El Camino Real and the
corner of Principal Avenue. The Planned Development overlay language, mitigation
measures, and City development standards will ensure that pedestrian and vehicular
access conditions are designed in a manner which does not create ongoing safety
concerns.
10. All previous vesting tentative subdivision maps and parcels maps will be extinguished
and no longer valid for the properties listed as a part of this application.
Fact. Conditions of approval and findings have been included to extinguish all previous
non-recorded tentative maps with approval of the proposed 2017 Vesting Tentative
Subdivision Map.
SECTION 2. Recommendation for Approval. The Planning Commission of the City
of Atascadero, in a regular session assembled on December 5, 2017, recommends the City
Council approve Vesting Tentative Subdivision Map (TTM 2014-0107/2017) subject to the
following:
Exhibit A: Tentative Parcel Map 2014-0107/2017 (Tract 3070)
Exhibit B: Conditions of Approval / Mitigation Monitoring Program.
BE IT FURTHER RESOLVED, that a copy of this Resolution be delivered forthwith
by the Planning Commission Secretary to the City Council of the City of Atascadero.
On motion by Commissioner ____________, and seconded by Commissioner __________, the
foregoing resolution is hereby adopted in its entirety by the following roll call vote:
AYES: ()
NOES: ()
ABSENT: ()
132
ITEM 3 | 12/5/2017
MIXED-USE PLANNED DEVELOPMENT, 9105 PRINCIPAL AVE
PLN 2014-1519 / ECR Principal LLC
ABSTAINED: ()
ADOPTED:
CITY OF ATASCADERO, CA
__________________________________
Duane Anderson
Planning Commission Chairperson
ATTEST:
___________________________________
Phil Dunsmore
Planning Commission Secretary
133
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MIXED-USE PLANNED DEVELOPMENT, 9105 PRINCIPAL AVE
PLN 2014-1519 / ECR Principal LLC
Exhibit A: Vesting Tentative Subdivision Map (TTM 2014-0107/ 2017) Tract 3070
134
ITEM 3 | 12/5/2017
MIXED-USE PLANNED DEVELOPMENT, 9105 PRINCIPAL AVE
PLN 2014-1519 / ECR Principal LLC
Exhibit A: Vesting Tentative Subdivision Map (TTM 2014-0107/ 2017) Tract 3070 Parcel details
135
ITEM 3 | 12/5/2017
MIXED-USE PLANNED DEVELOPMENT, 9105 PRINCIPAL AVE
PLN 2014-1519 / ECR Principal LLC
Conditions of Approval /
Mitigation Monitoring Program
Principal Mixed-Use 2017 Amendment
Planned Development (PD-24)
Master Plan of Development / Tract 3070 (2017)
CUP 2003-0117/TTM 2014-0107 (2017 Amendment)
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary
Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibi
lity
/Monitoring
PS: Planning
Services
BS: Building
Services
FD: Fire
Department
PD: Police
Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water
Comp.
Planning Services
1. The approval of this zone change , Tract Map, 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
2003-0070 and ZCH 2004-0083, and ZCH 2017-0181 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 / BP 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 twenty-four (24) months after
its effective date, and/or for the life of the Tentative Tract Map (Tract 3070, 2017). At
the end of the period or upon expiration of the Tentative Map (Tract 3070, 2017), the
approval shall expire and become null and void unless the project has received a
building permit.
BP / FM PS
5. All previous exhibits approved shall be superseded by the most current 2017 Master
Plan of Development amendment approved by City Council on ___________.
On-Going PS
6. The applicant shall defend, indemnify, and hold harmless the City of Atascadero or its
agents, officers, and employees against any claim or action brought to challenge an
approval by the city, or any of its entities, concerning the subdivision
Ongoing PS
7. All subsequent Tentative Map and construction permits shall be consistent with the
amended Master Plan of Development contained herein.
BP / FM PS, CE
8. All exterior elevations, finish materials and colors shall be consistent with the Master
Plan of Development as shown in EXHIBITS D through H, L, and K D1, D2, E, and F
with the following modifications:
BP PS
136
ITEM 3 | 12/5/2017
MIXED-USE PLANNED DEVELOPMENT, 9105 PRINCIPAL AVE
PLN 2014-1519 / ECR Principal LLC
Conditions of Approval /
Mitigation Monitoring Program
Principal Mixed-Use 2017 Amendment
Planned Development (PD-24)
Master Plan of Development / Tract 3070 (2017)
CUP 2003-0117/TTM 2014-0107 (2017 Amendment)
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary
Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibi
lity
/Monitoring
PS: Planning
Services
BS: Building
Services
FD: Fire
Department
PD: Police
Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water
Comp.
All 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 be consistent with the color, architectural
detail, materials, window and door detail, roof eaves, trellis elements, as show in the
proposed Master Plan of Development, except as noted in the conditions of
approval. Elevations shall be 4-sided and not contain blank walls or facades.
The covered porches on the side elevations (above the front door) on the end units
of the tri-plex buildings shall be extended to the corner of the building near the
garage/driveways. The lengthened porch design enhancement shall match the scale
of this larger building, and cover the walkway from the driveway to the unit’s front
door. This lengthened covered porch/walkway feature shall be incorporated on lot
33, lot 28, lot 34, and lot 36.
All trash storage, recycle storage, and air conditioning units shall be screened from
view behind architecturally compatible or landscaped enclosures.
The garage door styles and materials shall be architectural grade, with decorative
styles to match the building architecture. Garage doors shall be painted to match the
building color scheme of the unit, and shall not be left white.
Any proposed exterior street, pedestrian, or building mounted light fixtures shall be of
architectural grade, appropriate scale, and design and shall be compliment the
architectural style, subject to staff approval. Light fixtures shall comply with Zoning
Ordinance requirements for shielding of light sources to prevent offsite glare.
Stucco siding shall be smooth troweled or similar. No machine finishes will be
permitted.
Roofs materials shall be architectural grade
9. Upgraded elevation styles and wrap around porches shall be installed on the detached
residences as noted in EXHIBIT G, subject to the following modifications:
Lot 27 shall incorporate one side enhanced model upgrades on the west elevation
facing El Camino Real.
Lot 12 shall incorporate utilize the enhance model plan elevations on all sides of the
building.
BP PS
10. The proposed mixed-use buildings shall be consistent with Exhibit D1 of the approved
Master Plan of Development, subject to the following modifications:
The first-floor elevation facing Principal Avenue shall be redesigned to incorporate
additional materials and architectural enhancements consistent with the City’s
Appearance Review Manual guidelines and Design Toolbox for commercial
buildings. The architecture at ground floor of this building shall reflect a commercial
office style. Commercial entrances/storefronts shall be denoted by the architectural
design elements of the building.
BP PS, BS
137
ITEM 3 | 12/5/2017
MIXED-USE PLANNED DEVELOPMENT, 9105 PRINCIPAL AVE
PLN 2014-1519 / ECR Principal LLC
Conditions of Approval /
Mitigation Monitoring Program
Principal Mixed-Use 2017 Amendment
Planned Development (PD-24)
Master Plan of Development / Tract 3070 (2017)
CUP 2003-0117/TTM 2014-0107 (2017 Amendment)
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary
Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibi
lity
/Monitoring
PS: Planning
Services
BS: Building
Services
FD: Fire
Department
PD: Police
Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water
Comp.
Emphasis on the residential doorway entrances on Principal Avenue shall be
minimized or residential entrances may be eliminated on this frontage in order to
enhance the commercial office appearance and commercial viability of future
businesses at this location.
Walkways, landscape, and signage for each commercial unit in the live-work building
shall be designed and reviewed to enhance the commercial entrances on Principal
Avenue.
The rear elevation of the live-work building shall be modified to incorporate lap siding
on the first floor of the units, consistent with the upper floor wall treatment. The
horizontal and vertical lap siding shall extend to the ground, around the garage, on
Units 2 and 4 of this building.
Revised elevations for the first floor front and rear elevations of the live-work building
shall be reviewed by the Planning Director prior to Building Permit issuance.
Any proposed changes to the architectural character must be approved by the Design
Review Committee or other mechanism deemed appropriate by the Planning Director.
11. The proposed car-wash shall be consistent with Exhibit E and N D2 of the approved
Master Plan of Development. Any proposed changes to the architectural character
must be approved by the Design Review Committee or other mechanism deemed
appropriate by the Planning Director.
BP PS, BS
12. All site work, grading, and site improvements shall be consistent with the Master Plan
of Development as shown in EXHIBIT B, C, I, J, K, and M and G.
BP / FM PS, BS,
CE
13. 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, K
and M, and EXHIBIT J, 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
completed at the discretion of the Community development Department.
London Plane or similar street trees shall be provided along El Camino Real,
Principal Avenue, and Pino Solo at a minimum maximum spacing of 30 feet on
center.
Street and open space trees shall be minimum 15-gallon size and double staked.
The bio swales shall be incorporated into the landscape plan to be aesthetic and
act as a landscape features. Landscape in and around bio swales shall be installed
by the developer prior or building permit final.
Landscape along the street frontage parkway of Lot 52 (8111 sq. ft. commercial
BP PS, BS
138
ITEM 3 | 12/5/2017
MIXED-USE PLANNED DEVELOPMENT, 9105 PRINCIPAL AVE
PLN 2014-1519 / ECR Principal LLC
Conditions of Approval /
Mitigation Monitoring Program
Principal Mixed-Use 2017 Amendment
Planned Development (PD-24)
Master Plan of Development / Tract 3070 (2017)
CUP 2003-0117/TTM 2014-0107 (2017 Amendment)
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary
Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibi
lity
/Monitoring
PS: Planning
Services
BS: Building
Services
FD: Fire
Department
PD: Police
Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water
Comp.
parcel) shall be completed with the subdivision improvements for the rest of the
tract.
The final landscape and irrigation plan shall conform to Atascadero Municipal Code
requirements, including the City’s Water Efficient Landscape Ordinance.
14. Additional 24-inch box size evergreen screen trees shall be incorporated along the
properties identified in Exhibit M J.
BP / FO PS
15. All project fencing shall be installed consistent with EXHIBIT H K, with following
exceptions:
Lot 3: Side fence adjacent to Pino Solo shall be setback a minimum 10 feet from the
back of sidewalk.
Lot 34: The corner side fence adjacent to the internal street ‘A’ shall be setback a
minim of 5 feet from the back of the sidewalk.
Lot 21: Side fencing adjacent to the on street parking shall be setback a minim of 5
feet from the on-street parking space. The area between the parking space and
residence eon Lot 21 shall be landscaped by the developer and maintained by the
HOA.
Gates shall be included as necessary to access any trash storage locations on side
or rear yards.
All fences shall be either stained or painted to maintain the appearance and life of the
wood fencing. All fences shall have trim caps and plant on trim as identified in
EXHIBIT K.
Decorative fences under four (4) feet in height, and consistent with the fencing color
and general style of the development, may installed within required front and corner
side or rear setbacks, upon applicant’s request, upon review and approval by the
Planning Department.
GP/BP
PS
16. Drainage basins shall not be fenced. Basins shall be designed to meet maximum
depth and slope requirements in way which does not require basins to provide safety
fences. Basins shall be landscaped to act as visual landscape features for the
development, and shall serve as multipurpose open space / potential recreation areas
in addition to the primary purpose of water filtration.
FM / GP /
BP
PS / CE
17. Trash and recycling container storage areas shall be provided on each lot in a
screened location. Designated trash storage shall not be located within the garage if it
in conflicts with providing adequate parking spaces within the garage. If trash storage
is proposed to be located outside, a concrete pad shall be installed for placement of
trash receptacles, and gate access shall be provided to bring trash out to the curb.
139
ITEM 3 | 12/5/2017
MIXED-USE PLANNED DEVELOPMENT, 9105 PRINCIPAL AVE
PLN 2014-1519 / ECR Principal LLC
Conditions of Approval /
Mitigation Monitoring Program
Principal Mixed-Use 2017 Amendment
Planned Development (PD-24)
Master Plan of Development / Tract 3070 (2017)
CUP 2003-0117/TTM 2014-0107 (2017 Amendment)
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary
Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibi
lity
/Monitoring
PS: Planning
Services
BS: Building
Services
FD: Fire
Department
PD: Police
Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water
Comp.
Trash storage location shall be identified for each unit at time of building permit
submittal, and shall be installed prior to final of each residential units.
18. Colors and materials for residential and live-work units shall be as generally shown in
EXHIBIT L, subject to the following modifications:
A minimum of 5 distinct color schemes shall be provided for the 27 detached units.
Side & rear color applications shall be identified at time of building permit submittal.
A minimum of 2 distinct color schemes shall be provided for the 3 triplex buildings.
Side & rear color applications shall be identified at time of building permit submittal.
A complete color scheme key/map shall be provided at time of building permits to
identify color schemes to be used on each unit throughout the development, subject
to staff approval. Color schemes shall be disbursed throughout the development so
that no identical color schemes are directly adjacent or directly across the street from
one another.
Paint colors shall wrap corners/sides of the building and be consistent on materials
which wrap around sides so that wall colors do not abruptly change at building
facades.
Garage doors shall be painted to match the building color scheme of the unit, and
shall not be left white.
Window and door trim colors shall be consistent throughout a single unit (window
trim on triplex end unit to be modified for consistent trim color.)
The color scheme for the 6-plex live-work building shall be modified to reduce the
total number of colors used. A more simplified color scheme shall be developed,
subject to staff approval.
Final selection of colors and materials, and location of color schemes throughout
development identified in EXHIBIT I shall be submitted with Building Permits and shall
be subject to staff approval.
GP/BP PS
19. Affordable Housing Requirement: The applicant shall deed restrict a minimum of 7
eight (8) residential units for 30 years, prior to or concurrently with the final map, as
follows:
Two (2) 1 units at the very-low income rate,
3 units at the low-income rate,
3 units at the moderate income rate,
0.40 units shall be paid through in-lieu fee calculated at 5% of market rate
evaluation for the unbuilt portion of inclusionary requirements.
All affordable units shall be distributed throughout the project, and shall be constructed
at the same time as the market rate units. A phasing plan shall be submitted by the
Applicant to show affordable unit construction in each phase of the project, to ensure a
percentage of affordable units are built in each phase at the same construction timing
GP/BP
Deed
restriction
to record
at final
map
PS, CA
140
ITEM 3 | 12/5/2017
MIXED-USE PLANNED DEVELOPMENT, 9105 PRINCIPAL AVE
PLN 2014-1519 / ECR Principal LLC
Conditions of Approval /
Mitigation Monitoring Program
Principal Mixed-Use 2017 Amendment
Planned Development (PD-24)
Master Plan of Development / Tract 3070 (2017)
CUP 2003-0117/TTM 2014-0107 (2017 Amendment)
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary
Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibi
lity
/Monitoring
PS: Planning
Services
BS: Building
Services
FD: Fire
Department
PD: Police
Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water
Comp.
as the market rate units. Affordable unit location and phasing plan shall be reviewed
and approved subject to modification by the Community Development Director to
ensure consistency with the City Council’s Inclusionary Housing Policy. through a
substantial conformance review.
20. 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
21. Residential neighborhood identification monument signage shall be permitted through a
staff level review and subject to a separate building permit. Residential monument
signage shall comply with the size and lighting standards of the Atascadero Municipal
Code, and the monument structure(s) shall be architecturally compatible with the
overall project design.
BP PS/CE
22. Any monument signs proposed within the project area shall be located outside of the
line of sight at intersections. Verification of line of sight clearance shall be required at
time of building permit submittal for the sign(s).
BP PS/CE
23. Future development of Lot 52, the 8111 sq. ft. commercial parcel on El Camino Real,
shall be reviewed and approved by the Design Review Committee prior to building
permit or grading permit issuance.
No new or additional driveways on El Camino Real shall be permitted to be installed for
access to Lot 52 due to traffic safety limitations at this location. Access to Lot 52 shall
be taken from the adjacent commercial site to the north if a shared access easement
can be arranged with the adjacent property owner, or access shall be provided through
an internal connection to the Planned Development (car wash parcel or internal project
roads.) The proposal for access to lot 52 shall be reviewed and approved by City
Engineer to ensure traffic safety and easement requirements are met prior to Building
Permit or grading permit issuance
Any future development on Lot 52 shall maintain a 20-foot setback from the drainage
swale and/or any wetland areas, unless a biological evaluation is completed to
determine site specific setbacks based on the proposed future use.
BP PS/CE
24. Lot 52, the 8111 sq. ft. commercial parcel on El Camino Real identified for future
development, shall be cleared and maintained in clean condition as part of the
subdivision improvements for Tract 3070. Any security fencing on the site shall be
decorative in style (open tubular black metal fencing or similar.) Chain link, T-posts, or
FM PS/CE
141
ITEM 3 | 12/5/2017
MIXED-USE PLANNED DEVELOPMENT, 9105 PRINCIPAL AVE
PLN 2014-1519 / ECR Principal LLC
Conditions of Approval /
Mitigation Monitoring Program
Principal Mixed-Use 2017 Amendment
Planned Development (PD-24)
Master Plan of Development / Tract 3070 (2017)
CUP 2003-0117/TTM 2014-0107 (2017 Amendment)
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary
Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibi
lity
/Monitoring
PS: Planning
Services
BS: Building
Services
FD: Fire
Department
PD: Police
Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water
Comp.
barb wire fences shall not be permitted to be installed on the vacant lot. Any frontage
improvements, undergrounding of utilities, or landscape required in front of this parcel
on the El Camino Real frontage, shall be required to be installed as part of the
subdivision improvements for Tract 3070.
If Lot 52, or the mixed-use 6-plex parcel, have not received building permits for
construction within 6 months of the Final Map recordation, then interim landscape
improvements shall be installed on the lot(s) so that vacant dirt lots do not detract from
the rest of the project development.
25. 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 recommendations
identified in the arborist report shall be implemented during construction. The
applicant will contract with a certified arborist to monitor all activity within the drip lines
of existing native oak trees.
GP/BP PS
26. Proposed improvements may impart modifications to the existing channel and may be
subject to Fish & Wildlife and/or US Army Corp review/permits. Applicant will be
responsible to obtain any required agency permit prior to issuance of a grading permit.
GP/BP PS
27. 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 FM PS
28. 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, or similar funding mechanism, established by the developer
subject to City approval. The Home Owners Association or other funding mechanism
must be in place prior to, or concurrently with acceptance of any final maps. The
BP PS
142
ITEM 3 | 12/5/2017
MIXED-USE PLANNED DEVELOPMENT, 9105 PRINCIPAL AVE
PLN 2014-1519 / ECR Principal LLC
Conditions of Approval /
Mitigation Monitoring Program
Principal Mixed-Use 2017 Amendment
Planned Development (PD-24)
Master Plan of Development / Tract 3070 (2017)
CUP 2003-0117/TTM 2014-0107 (2017 Amendment)
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary
Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibi
lity
/Monitoring
PS: Planning
Services
BS: Building
Services
FD: Fire
Department
PD: Police
Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water
Comp.
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.
h) All streets, bridges, sidewalks, streetlights, street signs, roads, emergency
access roads, emergency access gates, and sewer mains within the project.
i) All parks, trails, recreational facilities and like facilities.
j) All open space and native tree preservation areas.
k) All drainage facilities and detention basins.
l) All creeks, flood plains, floodways, wetlands, and riparian habitat areas.
m) All common landscaping areas, street trees, medians, parkway planters,
manufactured slopes outside private yards, and other similar facilities.
n) All frontage landscaping and sidewalks along arterial streets
29. Prior to recordation of final map, the project applicant shall enter into an agreement
with the City of Atascadero to pay any future reimbursement fees associated with
off-site circulation improvements made to the Santa Rosa / US 101 interchange
and frontage roads. The amount of reimbursement shall be determined by a traffic
study that demonstrates a nexus for all parcels included in the reimbursement
area.
BP PS, BS
30. Deed notification shall be applied to each of the new lots, notifying homeowners of the
following:
That adjacent residential lots outside the PD 24 boundaries may be used for
agricultural purposes, including keeping of livestock animals, facilities, and
equipment;
Residential lots are located within a Master Plan of Development and are
subject to rules and regulations established by the CC&Rs, PD-24 overlay
zone, and the approved Master Plan of Development;
Residential lots are adjacent to approved commercial uses that may generate
noise consistent with the City’s Noise Ordinance.
Drainage swales, basins, and other storm water facilities are located within
private lots and must be maintained as design, engineered and installed by the
original developer. Alterations to the drainage plan for the subdivision is not
allowed without prior approval of the City.
Fences or other structures shall not be permitted to be installed within the
ephemeral drainage swale on site without proper approvals by the City and any
other required outside permitting agencies such as Fish and Wildlife, Army
Corps, or RWWCB.
BP PS, BS
143
ITEM 3 | 12/5/2017
MIXED-USE PLANNED DEVELOPMENT, 9105 PRINCIPAL AVE
PLN 2014-1519 / ECR Principal LLC
Conditions of Approval /
Mitigation Monitoring Program
Principal Mixed-Use 2017 Amendment
Planned Development (PD-24)
Master Plan of Development / Tract 3070 (2017)
CUP 2003-0117/TTM 2014-0107 (2017 Amendment)
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary
Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibi
lity
/Monitoring
PS: Planning
Services
BS: Building
Services
FD: Fire
Department
PD: Police
Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water
Comp.
31. Deed notifications shall be recorded on the live-work units (lots 37-42) to notify future
property owners that the first floor of the building is reserved for office or commercial
uses, consistent with the Master Plan of Development and PD 24 overlay. The ground
floor of these units shall not be permitted to be used as residential dwelling space.
FM PS
32. 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 maintenance
of the individual units.
iii. Individual unit’s responsibility for keeping all trash receptacles within the
designated screened trash storage areas unit’s garage.
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.
BP PS, BS
33. Approval of this permit shall include the removal of 6 7 Native Oak Trees, totaling
149174-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
Fire Marshal
34. Fire Sprinklers are required on all structures consistent with the California Building
Code adopted at the time of building permit submittal.
BP FD,BS
City Engineer Conditions
PROJECT SPECIFIC CONDITIONS
Grading, Drainage and Storm water:
35. The project shall be designed in compliance with the City & State post-construction
storm water standards and specifications. The final project design shall include post-
construction performance requirements and an operations & maintenance plan. Prior
to final approval of site improvements, the engineer of record shall provide a written
certification that all post-construction performance requirements were installed
according to the Storm water Control Plan and are operating as designed.
BP, GP CE
144
ITEM 3 | 12/5/2017
MIXED-USE PLANNED DEVELOPMENT, 9105 PRINCIPAL AVE
PLN 2014-1519 / ECR Principal LLC
Conditions of Approval /
Mitigation Monitoring Program
Principal Mixed-Use 2017 Amendment
Planned Development (PD-24)
Master Plan of Development / Tract 3070 (2017)
CUP 2003-0117/TTM 2014-0107 (2017 Amendment)
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary
Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibi
lity
/Monitoring
PS: Planning
Services
BS: Building
Services
FD: Fire
Department
PD: Police
Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water
Comp.
36. The subject property shall be designed to accept and convey off-site storm water run-
off consistent with the existing on-site and off-site drainage patterns and restrictions.
Storm water detention/retention as well as water quality shall conform to the City and
State requirements.
BP, GP CE
37. The project plan submittal shall include a detailed hydrology report addressing storm
water run-off for the pre- and post-development (on-site & off-site). The analysis shall
be prepared consistent with City and State standards for storm water detention,
treatment and infiltration to the satisfaction of the City Engineer.
BP, GP CE
38. All finish graded areas shall be landscaped or revegetated using a native seed mixture
and shall demonstrate at least 70% ground coverage before final inspection, to the
satisfaction of the Community Development Director.
GP CE, PS
39. A Storm Water Operation - Maintenance Plan (OMP) is required for the tract and the
City Engineer can require the OMP to and shall be recorded as an agreement against
all properties affected. When recordation of an OMP agreement is required, the
agreement shall contain provisions allowing the City to enter the property, following
reasonable notice to the property owner or tenant, to conduct an inspection of the
storm water system and post-construction storm water management controls.
FM CE
40. When an OMP is required, the OMP shall include a section addressing annual
inspection and reporting to the City by a third party, to the satisfaction of the City
Engineer.
FM CE
41. A Storm Water Pollution Prevention Plan (SWPPP) is required prior to any ground
disturbing activities. The WDID number provided by the State’s SMARTS system
registration shall be noted on the Title Sheet of the Subdivision Improvement Plans.
GP CE
42. Common drainage basins (serving multiple lots) shall be designed to desilt, detain and
meter storm flows in accordance with City regulations.
GP CE
43. Where storm water is concentrated as a result of new improvements, the drainage
shall be conveyed in a non-erosive, controlled condition to an adequate point of
discharge, to the satisfaction of the City Engineer. Where concentrated drainage from
new improvements cannot be avoided and crosses more than one property,
appropriate easements may be required.
GP CE
145
ITEM 3 | 12/5/2017
MIXED-USE PLANNED DEVELOPMENT, 9105 PRINCIPAL AVE
PLN 2014-1519 / ECR Principal LLC
Conditions of Approval /
Mitigation Monitoring Program
Principal Mixed-Use 2017 Amendment
Planned Development (PD-24)
Master Plan of Development / Tract 3070 (2017)
CUP 2003-0117/TTM 2014-0107 (2017 Amendment)
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary
Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibi
lity
/Monitoring
PS: Planning
Services
BS: Building
Services
FD: Fire
Department
PD: Police
Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water
Comp.
44. Storm Sewer shall be of either cast-in-place or precast reinforced concrete pipe,
polyvinyl chloride pipe, high density polyethylene pipe or an approved equal, to the
satisfaction of the City Engineer.
a. Minimum pipe diameter allowable on any storm drain within a roadway or
road right-of-way (public or private) shall be 18" diameter. A lesser size
may be used for down drains on fill slopes if approved by the City Engineer.
b. Minimum design velocity in closed conduits shall be 2 f.p.s. when conduit is
flowing to capacity and should not exceed 15 f.p.s.
c. Closed conduits shall be designed to convey the 10-year storm flow with gravity
flow, the 25-year storm flow with head, and provide a safe overland route for the
conveyance for the 100-year storm overflow.
d. Storm Sewer Manholes shall be located at junction points, changes in gradient,
and changes in conduit size to the satisfaction of the City Engineer. On curved
pipes with radii of 200' to 400', manholes shall be placed at the BC or EC of the
curve and on 300' maximum intervals along the curve. On curves with radii
exceeding 400', manholes shall be placed at the BC or EC of the curve and on
400' maximum intervals along the curve for pipes 24" and less in diameter and
500' maximum intervals along the curve for pipes greater than 24" in diameter.
Curves with radii less than 200' will be handled on an individual basis and
approved be the City Engineer.
e. Spacing of manholes or inlets, of such size as to be enterable for maintenance,
shall not exceed 500' for pipes 24" and smaller diameter and 600' for pipes
greater than 24" in diameter, except under special conditions as approved by
the City Engineer. The spacing of manholes shall be nearly equal wherever
possible.
f. Manholes or junction boxes, entry to which does not fall in the gutter line, must
have standard 24" diameter manhole covers. Those falling in the gutter line
may use the standard grated manhole cover and serve also as an inlet
manhole.
g. Storm Drain Inlets shall be spaced so that gutter flow does not exceed a depth
of 6" at the face of the curb for a 10-year storm and so that a 25-year storm flow
will not cause damage and can be contained within the right-of-way.
FM, PIP CE
45. Prior to approval of subdivision improvement plans, the project engineer shall provide
a Storm Water Control Plan with supporting calculations, water management area
maps, and a report confirming compliance with City and state regulations.
FM CE
46. All storm water management improvements to be owned or managed by the HOA
shall be identified in an Operation and Maintenance Plan/Agreement (OMP) and shall
be recorded concurrently with the Final Map. The OMP shall include a financial plan
addressing annual and long-term maintenance as well as replacement. Specific
FM /
Ongoing
CE
146
ITEM 3 | 12/5/2017
MIXED-USE PLANNED DEVELOPMENT, 9105 PRINCIPAL AVE
PLN 2014-1519 / ECR Principal LLC
Conditions of Approval /
Mitigation Monitoring Program
Principal Mixed-Use 2017 Amendment
Planned Development (PD-24)
Master Plan of Development / Tract 3070 (2017)
CUP 2003-0117/TTM 2014-0107 (2017 Amendment)
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary
Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibi
lity
/Monitoring
PS: Planning
Services
BS: Building
Services
FD: Fire
Department
PD: Police
Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water
Comp.
requirements for storm water management may be required to be identified on an
additional Final Map information sheet.
Public Improvements and Maintenance:
47. The new street shall be privately owned and maintained. The structural section shall
be based on a Traffic Index of 5.0 for residential and 8.0 for commercial.
The pavement section of the internal private roads shall be based on a Traffic
Index (TI) = 5.5 and a 50-year design life.
a. New roads with pavement placed prior to the construction of buildings will
be subjected to additional construction traffic and wear associated with the
on-site construction not included in the design life of the pavement section.
Therefore to off-set this, the AC thickness shall be increased from that
which is derived from Caltrans method by either:
b. 1” if the pavement is placed prior to building construction (not phased road
construction).
1.5” if the pavement construction is phased (i.e. – a portion of the ultimate
pavement thickness is deferred and a final pavement cap placed prior to final
inspection). Final pavement cap shall not be less than 1.5”.
FM BP,
GP
CE
Principal shall be improved with frontage improvements in accordance with City
Standards and shall include an integral curb, gutter and sidewalk.
BP, GP CE
Accessible ramps shall be constructed at curb returns in accordance with City
Standards.
BP, GP CE
48. The Subdivider shall construct new street frontage improvement and street
pavement on Principal Ave along the project frontage, to the satisfaction of the City
Engineer. Frontage improvements shall be in accordance with City Standards and
Standard Specifications. Principal Ave (on the project side) shall be removed and
replaced so as to complete a City standard street cross-section in accordance with
City Standard No. 406, to the satisfaction of the City Engineer. Pavement removal
shall be at least to the centerline of the roadway pavement (crown). The pavement
section shall be designed based on a Traffic Index (TI) = 7.0 and a 50-yr design
life, to the satisfaction of the City Engineer. That portion of Principal Ave between
El Camino Real and the first new street entrance into the subject property shall be
widened to accommodate one left-turn lane and one right-turn lane and the new
frontage improvements shall align with the existing El Camino Real curb return.
FM BP,
GP
CE
147
ITEM 3 | 12/5/2017
MIXED-USE PLANNED DEVELOPMENT, 9105 PRINCIPAL AVE
PLN 2014-1519 / ECR Principal LLC
Conditions of Approval /
Mitigation Monitoring Program
Principal Mixed-Use 2017 Amendment
Planned Development (PD-24)
Master Plan of Development / Tract 3070 (2017)
CUP 2003-0117/TTM 2014-0107 (2017 Amendment)
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary
Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibi
lity
/Monitoring
PS: Planning
Services
BS: Building
Services
FD: Fire
Department
PD: Police
Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water
Comp.
Principal shall be constructed with 40-feet curb-curb, two 12-foot travel lanes and two
8-foot parking lanes. At the intersection with El Camino Real, Principal shall be
improved with 40-feet curb-curb including one right-turn lane (westbound), one left-
turn lane (westbound), and one through lane (eastbound). Consistent with the traffic
study, parking may need to be eliminated where contiguous with the three lanes.
49. The horizontal and vertical design of roads shall be in compliance with the City of
Atascadero Engineering Standards and Standard Specifications, to the satisfaction
of the City Engineer. The City Engineer reserves the right to make modifications to
all submitted road designs, when in the opinion of the City Engineer, the public’s
health and safety is benefitted.
FM CE
50. Prior to recordation of the Final Map, the Applicant shall establish a funding
mechanism approved by the City, to provide sufficient funds on an annual basis to pay
for the long term operation, maintenance, management, and future replacement of the
site improvements and internal road system serving Tract 3070 including but not
limited to:
a. Pavement, pavement seals, aggregate base, road frontage improvements
b. Striping, signage, street furniture
c. Drainage facilities, detention basins, retention basins, bio-swales, & storm
water treatment/control measures
d. Maintenance of slopes containing the road prism
e. Street lighting, street improvements, sidewalks, street trees, special paving
surfaces, the sewer collection system, storm sewer collection system,
storm water management facilities, common area landscape
improvements, designated open space areas, common recreation areas,
and common area hardscape improvements.
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.
Examples of the two methods for funding mechanisms 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
FM CE
148
ITEM 3 | 12/5/2017
MIXED-USE PLANNED DEVELOPMENT, 9105 PRINCIPAL AVE
PLN 2014-1519 / ECR Principal LLC
Conditions of Approval /
Mitigation Monitoring Program
Principal Mixed-Use 2017 Amendment
Planned Development (PD-24)
Master Plan of Development / Tract 3070 (2017)
CUP 2003-0117/TTM 2014-0107 (2017 Amendment)
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary
Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibi
lity
/Monitoring
PS: Planning
Services
BS: Building
Services
FD: Fire
Department
PD: Police
Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water
Comp.
property tax bill and distributed to the City.
The City Engineer and City Attorney shall approve the final form prior to recordation.
Prior to recordation of the Final Map, the Applicant’s engineer shall prepare and
submit an estimated operating budget and capital replacement analysis for review and
approval by the City Engineer.
51. All public improvements shall be constructed in conformance with the City of
Atascadero Engineering Department Standard Specifications and Drawings.
BP, GP CE
52. Street trees shall be planted along El Camino Real and Principal Ave frontages.
Spacing or grouping of street trees shall average 30-feet center-to-center and shall be
to the satisfaction of the City Engineer and Community Development Director. Where
sidewalks are 8-feet wide or greater, trees shall be planted in tree wells behind the
curb in accordance with City Standards and to the satisfaction of the City Engineer.
Where the public sidewalk is less than 8-feet wide, street trees shall be planted in an
area behind the sidewalk approximately 8-10-feet from the back of walk. Trees
planted closer than 8-feet from the back of walk shall be approved by the City
Engineer and include deep-root planting barriers.
BP, GP CE
53. The subdivider shall submit subdivision improvement plans prepared by a registered
civil engineer for modifications to Principal and all internal roadways, water, sewer and
storm drain infrastructure. Public improvement plans (PIPs) shall be prepared by a
licensed civil engineer. PIPs shall be prepared on 24”x36” plan sheets and in
accordance with Section 2 of City Standard Specifications.
FM BP, GP CE
UTILITIES CONDITIONS
54. Each lot shall be served with individual water, sewer, power, gas, communications,
and cable TV laterals. Utility laterals shall be located and constructed to each lot in
accordance with City Standards and Standard Specifications. The sewer lateral
serving a single lot shall be privately owned and maintained by the individual lot
owner.
BP, GP CE / BS
55. Applicant shall pay all applicable sewer extension (annexation) fees (including
reimbursement fees, connection fees, etc.) for each lot upon issuance of building
permit. Sewer Connection and Reimbursement fees shall be payable upon actual
connection of the building sewer to the public sewer system.
BP, GP CE / BS
149
ITEM 3 | 12/5/2017
MIXED-USE PLANNED DEVELOPMENT, 9105 PRINCIPAL AVE
PLN 2014-1519 / ECR Principal LLC
Conditions of Approval /
Mitigation Monitoring Program
Principal Mixed-Use 2017 Amendment
Planned Development (PD-24)
Master Plan of Development / Tract 3070 (2017)
CUP 2003-0117/TTM 2014-0107 (2017 Amendment)
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary
Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibi
lity
/Monitoring
PS: Planning
Services
BS: Building
Services
FD: Fire
Department
PD: Police
Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water
Comp.
56. Gravity sanitary sewer (SS) mains shall be a minimum of 8 inch diameter pipe and
shall terminate in manholes.
BP, GP CE / BS
57. New utility services laterals for power, telecommunications and cable TV shall be
placed underground, beginning from the off-site point of connection service, to the
satisfaction of the City Engineer. established by the public utility provider.
The subdivider shall underground the existing overhead utility lines within the project
boundaries and public street frontages, to the satisfaction of the City Engineer. When
undergrounding of overhead utilities will require modifications to existing overhead
utilities within the adjacent block or neighborhood, the City Engineer shall determine a
reasonable limit of the undergrounding efforts in coordination with the affected utility
providers. A “reasonable limit” may include the retention of specific overhead lines
and poles within the street frontage due to extenuating circumstances, as determined
by the City Engineer in coordination with the utility providers. When existing overhead
facilities are left in place, the Applicant shall install underground conduits for future
use, to the satisfaction of the City Engineer.
BP, GP CE / BS
58. A Public Utility Easement (PUE) (6-foot wide min) shall be dedicated along all public
and private street frontages. Adjacent to lots zoned for commercial development, the
PUE may be required to be 10-feet wide, to the satisfaction of the City Engineer
and/or utility purveyor.
BP, GP CE
59. New water facilities and services shall be designed and constructed in accordance
with the requirements of the Atascadero Mutual Water Company.
BP CE
60. Wastewater discharge shall conform to City requirements and shall connect to a
public sewer main, to the satisfaction of the City Engineer.
BP CE
61. The on-site sewer main, wastewater collection system, and storm water collection
system serving this project shall be privately owned and maintained by the
Homeowners’ Association (HOA).
FM CE / PS
On-site storm water collection and detention system shall be privately owned and
maintained by the HOA.
CE / PS
62. Prior to recordation of the Final Map, the Applicant shall establish a benefit
maintenance assessment district or similar funding mechanism approved by the City,
to provide sufficient funds on an annual basis to pay for the operation, maintenance
and future replacement of the wastewater collection system serving Tract 3070. The
engineer of record shall prepare and submit an estimated operating budget and
capitol replacement analysis for review and approval by the City Engineer, prior to
FM CE
150
ITEM 3 | 12/5/2017
MIXED-USE PLANNED DEVELOPMENT, 9105 PRINCIPAL AVE
PLN 2014-1519 / ECR Principal LLC
Conditions of Approval /
Mitigation Monitoring Program
Principal Mixed-Use 2017 Amendment
Planned Development (PD-24)
Master Plan of Development / Tract 3070 (2017)
CUP 2003-0117/TTM 2014-0107 (2017 Amendment)
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary
Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibi
lity
/Monitoring
PS: Planning
Services
BS: Building
Services
FD: Fire
Department
PD: Police
Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water
Comp.
recordation of the Final Map.
Overhead utilities shall be placed underground where located along the subject
property frontage of El Camino Real, Principal, and Pino Solo.
CE / BS
STANDARD SUBDIVISION CONDITIONS
63. All public improvements shall be constructed in conformance with the City of
Atascadero Engineering Department Standard Specifications and Drawings.
BP, GP CE
64. In the event that the applicant is allowed to bond for the public improvements required
as a condition of this map, the applicant shall enter into a Subdivision Improvement
Agreement with the City.
FM CE
65. An engineer’s estimate of probable cost shall be submitted for review and approval by
the City Engineer to determine the amount of the bond.
FM CE
The Subdivision Improvement Agreement shall record concurrently with the Final
Map.
FM CE
The applicant shall be responsible for the relocation and/or alteration of existing
utilities.
BP, GP CE
The applicant shall install all new utilities (water, gas, electric, cable TV and telephone)
underground. Utilities shall be extended to the property line frontage of each lot or its
public utility easement.
BP, GP CE
66. The applicant shall monument all property corners for construction control and shall
promptly replace them if disturbed. Street centerline monuments shall be provided at
intersections and at the beginning and end of curves along the street centerline.
FM CE
67. The applicant shall acquire title interest in any off-site land that may be required to
allow any off-site property rights necessary for the construction of the subdivision
improvements. The applicant shall bear all costs associated with any and all off-site
property the necessary acquisitions including but not limited to legal and
administrative costs incurred by the City. The applicant shall also gain concurrence
from all adjacent property owners whose ingress and egress is affected by these
improvements.
FM CE
151
ITEM 3 | 12/5/2017
MIXED-USE PLANNED DEVELOPMENT, 9105 PRINCIPAL AVE
PLN 2014-1519 / ECR Principal LLC
Conditions of Approval /
Mitigation Monitoring Program
Principal Mixed-Use 2017 Amendment
Planned Development (PD-24)
Master Plan of Development / Tract 3070 (2017)
CUP 2003-0117/TTM 2014-0107 (2017 Amendment)
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary
Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibi
lity
/Monitoring
PS: Planning
Services
BS: Building
Services
FD: Fire
Department
PD: Police
Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water
Comp.
Slope easements shall be provided as needed to accommodate cut of fill slopes. FM CE
Drainage easements shall be provided as needed to accommodate both public and
private drainage facilities.
FM CE
The final map shall be signed by the City Engineer prior to the map being placed on
the agenda for City Council acceptance.
FM CE
Prior to recording the tract map, the applicant shall submit a map drawn in substantial
conformance with the approved tentative map and in compliance with all conditions
set forth herein. The map shall be submitted for review and approval by the City in
accordance with the Subdivision Map Act and the City's Subdivision Ordinance.
FM CE
Prior to recording the tract map, the applicant shall set monuments at all new property
corners. A registered civil engineer or licensed land surveyor shall indicate by
certificate on the parcel map, that corners have been set or shall be set by a date
specific and that they will be sufficient to enable the survey to be retraced.
68. Prior to recording the tract map, the applicant shall pay all outstanding plan
check/inspection fees.
FM CE
Prior to recording the map, the applicant shall complete all improvements required by
these conditions of approval
FM CE
Prior to recording the tract map, the applicant shall have the map reviewed by all
applicable public and private utility companies (cable, telephone, gas, electric,
Atascadero Mutual Water Company). The applicant shall obtain a letter from each
utility company indicating their review of the map. The letter shall identify any new
easements that may be required by the utility company. A copy of the letter shall be
submitted to the City. New easements shall be shown on the map.
FM CE
69. All existing easements of record that are to remain shall be shown and noted on the
Final Map.
FM CE
70. The City of Atascadero may require an additional map sheet for information purposes
in accordance with the Subdivision Map Act.
FM CE
152
ITEM 3 | 12/5/2017
MIXED-USE PLANNED DEVELOPMENT, 9105 PRINCIPAL AVE
PLN 2014-1519 / ECR Principal LLC
Conditions of Approval /
Mitigation Monitoring Program
Principal Mixed-Use 2017 Amendment
Planned Development (PD-24)
Master Plan of Development / Tract 3070 (2017)
CUP 2003-0117/TTM 2014-0107 (2017 Amendment)
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary
Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibi
lity
/Monitoring
PS: Planning
Services
BS: Building
Services
FD: Fire
Department
PD: Police
Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water
Comp.
71. Documents to be recorded concurrently with the Final Map (e.g.: off-site rights-of-way
dedications, easements not shown on the map, agreements, CC&Rs, etc.) shall be
listed on the certificate sheet of the map.
FM CE
72. The Subdivider shall dedicate an easement for the following over the on-site private
roadways:
A private wastewater collection system
Atascadero Mutual Water System (AMWC)
Public and private utilities
Storm water
FM CE
A 6-feet wide Public Utility Easement (PUE) shall be dedicated contiguous to all public
road rights-of-way.
FM CE
73. Drainage easements:
c. Easements shall be dedicated over areas containing drainage
improvements that benefit or serve more than one property. The
determination as to whether the easement is private or offered to the public
will be determined by the City Engineer prior to approval of the subdivision
improvement plan and Final Map.
d. Concentrated cross-lot drainage shall be avoided where possible; when
required, concentrated drainage shall be conveyed via appropriate
easements, to the satisfaction of the City Engineer.
FM CE
74. Wherever an easement is created for commonly owned or operated improvements for
the benefit of more than one lot, there shall also be created a maintenance and
operations agreement, to the satisfaction of the City Engineer and City Attorney.
FM CE
75. Easements that are not intended to continue in perpetuity, or, are subject to
modification as the project develops, shall not be shown on the Final Map and shall be
recorded by separate instrument.
FM CE
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
153
ITEM 3 | 12/5/2017
MIXED-USE PLANNED DEVELOPMENT, 9105 PRINCIPAL AVE
PLN 2014-1519 / ECR Principal LLC
Conditions of Approval /
Mitigation Monitoring Program
Principal Mixed-Use 2017 Amendment
Planned Development (PD-24)
Master Plan of Development / Tract 3070 (2017)
CUP 2003-0117/TTM 2014-0107 (2017 Amendment)
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary
Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibi
lity
/Monitoring
PS: Planning
Services
BS: Building
Services
FD: Fire
Department
PD: Police
Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water
Comp.
76. 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 substantial compliance with the approved plans.
FM CE
Prior to the final inspection, the applicant shall submit a written certification from a
registered civil engineer or land surveyor that all survey monuments have been set as
shown on the final map.
BP, GP CE
77. An encroachment permit shall be obtained prior to any work within City rights of way. BP, GP CE
Prior to the issuance of building permits the applicant shall submit a grading and
drainage plan prepared by a registered civil engineer for review and approval by the
City Engineer.
BP, GP CE
Atascadero Mutual Water Company
WATER DISTRIBUTION SYSTEM
78. The Applicant shall extend the water distribution system to the satisfaction of the
Atascadero Mutual Water Company (AMWC) and City Engineer. The applicant shall
submit plans to AMWC for the water distribution facilities needed to serve the project.
AMWC shall review and approve the plans before construction begins on the water
system improvements. All water distribution facilities shall be constructed in
conformance with AMWC Standards and Details and the California Waterworks
Standards (Code of Regulations Title 22, Division 4, Chapter 16). All cross-
connection devices shall conform to AWWA and California Department of Health
Services standards.
GP, BP CE
79. Each lot shall be served with a separate water lateral and meter in accordance with
the AMWC requirements.
80. Before the start of construction on the water system improvements, the applicant
shall pay all installation and connection fees required by AMWC. Subject to the
approval of AMWC, the applicant may enter in to a “deferred connection”
agreement.
GP, BP CE
81. Before issuance of building permits, the applicant shall obtain a “Will Serve” letter
from AMWC for the newly created lots within the subdivision.
GP, BP CE
154
ITEM 3 | 12/5/2017
MIXED-USE PLANNED DEVELOPMENT, 9105 PRINCIPAL AVE
PLN 2014-1519 / ECR Principal LLC
Conditions of Approval /
Mitigation Monitoring Program
Principal Mixed-Use 2017 Amendment
Planned Development (PD-24)
Master Plan of Development / Tract 3070 (2017)
CUP 2003-0117/TTM 2014-0107 (2017 Amendment)
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary
Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibi
lity
/Monitoring
PS: Planning
Services
BS: Building
Services
FD: Fire
Department
PD: Police
Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water
Comp.
The water mains required to serve the project shall be laid out in a grid or looped
pattern.
GP, BP CE
82. The water system shall include easements outside of the road rights-of-way for
water system facilities as required by the AMWC and to the satisfaction of the City
Engineer. The applicant shall provide AMWC with easements for those water
facilities proposed for operation and maintenance by AMWC that are constructed
outside of publicly maintained right-of-ways. AMWC shall review the form and
content of the easements before recordation.
GP, BP CE
83. Where the water distribution system requires an above ground reduced pressure
unit, pressure booster station or other significant above ground facility, said facility
shall be located in an easement contiguous to the road right-of-way and shall
include visual screening, to the satisfaction of the AMWC, Community
Development Director, and City Engineer.
GP, BP CE
84. The applicant shall submit a hydraulic analysis with the first plan check submittal of
the water system improvements for the project. The analysis should take into
account the fire flows required by the California Building Code.. The applicant is
responsible for designing and constructing water system improvements that will
provide water at pressures and flows adequate for the domestic and fire protection
needs of the project.
GP, BP CE
85. Fire hydrant locations shall be to the satisfaction of the City Fire Marshall and City
Engineer.
GP, BP CE
86. Properties and/or areas that are managed or owned by the HOA shall be metered
separately to the satisfaction of the AMWC. The applicant shall obtain a separate
landscape-irrigation meter(s) from AMWC for the common areas within the project,
as required by the Water Company.
GP, BP CE
City Council Conditions – May 26, 2015
CC. 1 Public Works Director and Police Chief to monitor and recommend additional
red curb / no parking stripping, parking height restriction, and weight and along
Principal Avenue / El Camino Real for intersection and traffic safety prior to
final occupancy of the1st unit
BP PW
CC. 2 Public works director to work with San Luis Obispo Regional Transit Authority
on location of existing bus stops for traffic safety purposes prior to the
occupancy of the 1st unit.
BP PW
155
ITEM 3 | 12/5/2017
MIXED-USE PLANNED DEVELOPMENT, 9105 PRINCIPAL AVE
PLN 2014-1519 / ECR Principal LLC
Conditions of Approval /
Mitigation Monitoring Program
Principal Mixed-Use 2017 Amendment
Planned Development (PD-24)
Master Plan of Development / Tract 3070 (2017)
CUP 2003-0117/TTM 2014-0107 (2017 Amendment)
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary
Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibi
lity
/Monitoring
PS: Planning
Services
BS: Building
Services
FD: Fire
Department
PD: Police
Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water
Comp.
CC. 3 The proposed car -wash use to apply for a building permit prior to occupancy
for the 1st residential unit.
BP PS/BS
Mitigation Measures – Mitigated Negative Declaration 2015-0001
Mitigation Measure 1.c.1: A landscaping plan shall be submitted for all lots adjacent to
existing residential development and must identify locations of proposed evergreen trees
or similar screening trees with a minimum box size of 24-inches. These trees shall be
spaced throughout an individual lot to ensure screening of existing residences and
proposed new development.
BP PS/BS
Mitigation Measure 1.d.1: All lighting shall be designed to eliminate any off site glare. All
exterior site lights shall utilize full cut-off, “hooded” lighting fixtures to prevent offsite light
spillage and glare. Any luminaire pole height shall not exceed 20 -feet in height, limit
intensity to 2.0 foot candles at ingress /egress, and otherwise 0.6 foot candle minimum to
1.0 maximum in parking areas. No light shall be permitted to spill off -site. Fixtures shall
be shield cut-off type. Avoid wall mount fixtures at rear of building, except at exits.
BP PS/BS
Mitigation Measure 1.d.2: Applicant must submit a landscaping plan, concurrent with
building permit submittal, for the proposed carwash use. Landscaping plan shall include
tree plantings 30-feet on center along El Camino Real and additional plantings along
property boundary perimeter in designated landscaping planters.
BP PS/BS
Mitigation Measure 1.d.3: At the time of building permit submittal for car-wash portion of
the proposed project, building plans shall indicate the use of a non-reflective coating, or
other glare reducing applications on all galvanized or corrugated metal surfaces utilized as
a part of the proposed car-wash structure. Materials must be noted on construction detail
sheets and lead project designer of record must submit a letter certifying application of
materials prior to building permit final.
BP PS/BS
Mitigation Measure 1.d.4: At the time of building permit submittal for car-wash portion of
the proposed project, applicant must submit a photometric plan showing locations of
proposed on-site lighting. All exterior site lights shall utilize full cut-off, “hooded” lighting
fixtures to prevent offsite light spillage and glare. Fixtures shall be shield cut-off type. Prior
to final occupancy, City Staff and the applicant shall meet on-site and review lights at dusk
condition to ensure off-site light spillage and glare.
BP PS/BS
156
ITEM 3 | 12/5/2017
MIXED-USE PLANNED DEVELOPMENT, 9105 PRINCIPAL AVE
PLN 2014-1519 / ECR Principal LLC
Conditions of Approval /
Mitigation Monitoring Program
Principal Mixed-Use 2017 Amendment
Planned Development (PD-24)
Master Plan of Development / Tract 3070 (2017)
CUP 2003-0117/TTM 2014-0107 (2017 Amendment)
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary
Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibi
lity
/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 3.b.1: The project shall be conditioned to comply with all applicable
District regulations pertaining to the control of fugitive dust (PM-10) as contained in
Section 2 “Assessing and Mitigating Construction Impacts.”
2.4 Fugitive Dust Mitigation Measures:
n. Reduce the amount of the disturbed area where possible;
o. Use of water trucks or sprinkler systems in sufficient quantities to prevent
airborne dust from leaving the site and from exceeding the APCD’s limit of 20%
opacity for greater than 3 minutes in any 60 minute period. Increased watering
frequency would be required whenever wind speeds exceed 15 mph. Reclaimed
(non-potable) water should be used whenever possible; please note that since
water use is a concern due to drought conditions, the contractor or builder shall
consider the use of an APCD-approved dust suppressant where feasible to
reduce the amount of water used for dust control. For a list of suppressants, see
Section 4.3 of the CEQA Air Quality Handbook;
p. All dirt stock pile areas should be sprayed daily and covered with tarps or other
dust barriers as needed;
q. Permanent dust control measures identified in the approved project revegetation
and landscape plans should be implemented as soon as possible, following
completion of any soil disturbing activities;
r. Exposed ground areas that are planned to be reworked at dates greater than one
month after initial grading should be sown with a fast germinating, non -invasive,
grass seed and watered until vegetation is established;
s. All disturbed soil areas not subject to revegetation should be stabilized using
approved chemical soil binders, jute netting, or other methods approved in
advance by the APCD;
t. All roadways, driveways, sidewalks, etc. to be paved should be completed as
soon as possible. In addition, building pads should be laid as soon as possible
after grading unless seeding or soil binders are used;
u. Vehicle speed for all construction vehicles shall not exceed 15 mph on any
unpaved surface at the construction site;
v. 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;
w. Install wheel washers where vehicles enter and exit unpaved roads onto streets,
or wash off trucks and equipment leaving the site;
x. Sweep streets at the end of each day if visible soil material is carried onto
adjacent paved roads. Water sweepers shall be used with reclaimed water
should be used where feasible. Roads shall be pre-wetted prior to sweeping
BP PS/BS
157
ITEM 3 | 12/5/2017
MIXED-USE PLANNED DEVELOPMENT, 9105 PRINCIPAL AVE
PLN 2014-1519 / ECR Principal LLC
Conditions of Approval /
Mitigation Monitoring Program
Principal Mixed-Use 2017 Amendment
Planned Development (PD-24)
Master Plan of Development / Tract 3070 (2017)
CUP 2003-0117/TTM 2014-0107 (2017 Amendment)
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary
Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibi
lity
/Monitoring
PS: Planning
Services
BS: Building
Services
FD: Fire
Department
PD: Police
Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water
Comp.
when feasible;
y. All PM10 mitigation measures required should be shown on grading and building
plans; and,
z. The contractor or builder shall designate a person or persons to monitor the
fugitive dust emissions and enhance the implementation of the measures as
necessary to minimize dust complaints, reduce visible emissions below the
APCD’s limit of 20% opacity for greater than 3 minutes in any 60 minute period.
Their duties shall include holidays and weekend periods when work may not be in
progress. The name and telephone number of such persons shall be provided to
the APCD Compliance Division prior to the start of any grading, earthwork or
demolition.
Mitigation Measure 3.b.2: The project shall be conditioned to comply with all applicable
APCD regulations pertaining to Naturally Occurring Asbestos (NOA). Prior to any grading
activities a geologic evaluation should be conducted to determine if NOA is present within
the area that will be disturbed. If NOA is not present, and exemptions request must be filed
with the District. If NOA is found at the site, the applicant must comply with all
requirements outlined in the Asbestos ATCM. This may include development of an
Asbestos Dust Mitigation Plan and an Asbestos Health and Safety program for approval by
the APCD. Technical Appendix 4.4 of the SLO County APCD CEQA Air Quality Handbook
includes a map of zones throughout San Luis Obispo County where NOA has been found
and geological evaluation is required prior to any grading.
BP PS/BS
Mitigation Measure Addendum (2015 certified MND): Demolition activities can have
potential negative air quality impacts, including issues surrounding proper handling,
demolition, and disposal of asbestos containing material (ACM). Asbestos containing
materials could be encountered during the demolition or remodeling of existing buildings or
the disturbance, demolition, or relocation of above or below ground utility pipes/pipelines
(e.g., transite pipes or insulation on pipes). This project includes these activities and
therefore it may be subject to various regulatory jurisdictions, including the requirements
stipulated in the National Emission Standard for Hazardous Air Pollutants (40CFR61,
Subpart M - asbestos NESHAP). These requirements include, but are not limited to: 1)
BP BS
158
ITEM 3 | 12/5/2017
MIXED-USE PLANNED DEVELOPMENT, 9105 PRINCIPAL AVE
PLN 2014-1519 / ECR Principal LLC
Conditions of Approval /
Mitigation Monitoring Program
Principal Mixed-Use 2017 Amendment
Planned Development (PD-24)
Master Plan of Development / Tract 3070 (2017)
CUP 2003-0117/TTM 2014-0107 (2017 Amendment)
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary
Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibi
lity
/Monitoring
PS: Planning
Services
BS: Building
Services
FD: Fire
Department
PD: Police
Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water
Comp.
written notification, within at least 10 business days of activities commencing, to the
APCD, 2) asbestos survey conducted by a Certified Asbestos Consultant, and, 3)
applicable removal and disposal requirements of identified ACM. Please contact the
APCD Enforcement Division at (805) 781-5912 for further information.
Mitigation Measure Addendum (2015 certified MND): Effective February 25, 2000, the
APCD prohibited developmental burning of vegetative material within San Luis Obispo
County. If you have any questions regarding these requirements, contact the APCD
Enforcement Division at 781-5912.
BP PS/BS
Mitigation Measure Addendum (2015 certified MND): Portable equipment, 50 horsepower
(hp) or greater, used during construction activities may require California statewide
portable equipment registration (issued by the California Air Resources Board) or an
APCD permit.
The following list is provided as a guide to equipment and operations that may have
permitting requirements, but should not be viewed as exclusive. For a more detailed
listing, refer to the Technical Appendices, page 4-4, in the APCD's 2012 CEQA Handbook.
Power screens, conveyors, diesel engines, and/or crushers;
Portable generators and equipment with engines that are 50 hp or greater;
Electrical generation plants or the use of standby generator;
Internal combustion engines;
Rock and pavement crushing; and
Tub grinders.
To minimize potential delays, prior to the start of the project, please contact the APCD
Engineering Division at (805) 781-5912 for specific information regarding permitting
requirements.
BP PS/BS
Mitigation Measure Addendum (2015 certified MND): Under APCD Rule 504, only APCD
approved wood burning devices can be installed in new dwelling units. These devices
include:
All EPA-Certified Phase II wood burning devices;
Catalytic wood burning devices which emit less than or equal to 4.1 grams per
hour of particulate matter which are not EPA-Certified but have been verified
by a nationally-recognized testing lab;
Non-catalytic wood burning devices which emit less than or equal to 7.5
grams per hour of particulate matter which are not EPA-Certified but have
been verified by a nationally-recognized testing lab;
BP PS/BS
159
ITEM 3 | 12/5/2017
MIXED-USE PLANNED DEVELOPMENT, 9105 PRINCIPAL AVE
PLN 2014-1519 / ECR Principal LLC
Conditions of Approval /
Mitigation Monitoring Program
Principal Mixed-Use 2017 Amendment
Planned Development (PD-24)
Master Plan of Development / Tract 3070 (2017)
CUP 2003-0117/TTM 2014-0107 (2017 Amendment)
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary
Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibi
lity
/Monitoring
PS: Planning
Services
BS: Building
Services
FD: Fire
Department
PD: Police
Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water
Comp.
Pellet-fueled woodheaters; and
Dedicated gas-fired fireplaces.
If you have any questions about approved wood burning devices, please contact the
APCD Enforcement Division at 781-5912.
Mitigation Measure 4.a.1: A qualified biologist shall conduct a pre-construction survey
within 30 days of initial site disturbance to identify whether silvery legless lizards are
present. If silvery legless lizards are detected, a biological monitor shall be present during
initial ground disturbing and vegetation removal activities to allow for a salvage and
relocation effort for the lizard and other ground dwelling common wildlife that may be
present.
BP PS
Mitigation Measure 4.a.2: Conduct a springtime rare plant survey to determine the
presence/absence of any special-status plants. Should any be discovered, implement a
seed and/or plant salvage program and incorporate the salvaged material into the
drainage setback and detention basin landscaped areas.
BP PS
Mitigation Measure 4.b.c.1: The applicant shall obtain Clean Water Act (CWA) regulatory
compliance in the form of a permit from the Corps or written documentation from the Corps
that no permit would be required for work in the ephemeral drainage. Should a permit be
required, the applicant shall implement all the terms and conditions of the permit to the
satisfaction of the Corps. Corps permits and authorizations require applicants to
demonstrate that the proposed project has been designed and will be implemented in a
manner that avoids and minimizes impacts on aquatic resources. Compliance with Corps
permitting would also include obtaining and CWA 401 Water Quality Certification from the
Regional Water Quality Control Board (RWQCB). In addition, the Corps and RWQCB may
require compensatory mitigation for unavoidable permanent impacts on riparian/wetland
habitat to achieve the goal of a no net loss of wetland values and functions. As such,
regulatory compliance would reduce potential impacts on waters of the U.S. to a less than-
significant level.
BP PS
Mitigation Measure 4.b.c.2: The applicant shall obtain compliance with Section 1600
et.seq. of the California Fish and Game Code (Streambed Alteration Agreements) in the
form of a completed Streambed Alteration Agreement or written documentation from the
CDFW that no agreement would be required for work within the ephemeral drainage and
riparian habitat (stream zone). Should an agreement be required, the applicant shall
implement all the terms and conditions of the agreement to the satisfaction of the CDFW.
The CDFW Streambed Alteration Agreement process encourages applicants to
demonstrate that the proposed project has been designed and will be implemented in a
manner that avoids and minimizes impacts in the stream zone. In addition, CDFW may
require compensatory mitigation for unavoidable impacts on riparian habitat in the form of
onsite riparian habitat restoration to the extent feasible. As such, regulatory compliance
BP PS
160
ITEM 3 | 12/5/2017
MIXED-USE PLANNED DEVELOPMENT, 9105 PRINCIPAL AVE
PLN 2014-1519 / ECR Principal LLC
Conditions of Approval /
Mitigation Monitoring Program
Principal Mixed-Use 2017 Amendment
Planned Development (PD-24)
Master Plan of Development / Tract 3070 (2017)
CUP 2003-0117/TTM 2014-0107 (2017 Amendment)
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary
Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibi
lity
/Monitoring
PS: Planning
Services
BS: Building
Services
FD: Fire
Department
PD: Police
Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water
Comp.
would reduce potential impacts on waters of the state to a less -than-significant level.
Mitigation Measure 4.d.1: Vegetation removal and initial site disturbance shall be
conducted between September 1 and January 31 outside of the nesting season for birds. If
vegetation and/or tree removal is planned for the bird nesting season (February 1 to
August 31), then preconstruction nesting bird surveys shall be required to determine if any
active nests would be impacted by project construction. If no active nests are found, then
no further mitigation shall be required.
BP PS
Mitigation Measure 4.d.2: If any active nests are found that would be impacted by
construction, then the nest sites shall be avoided with the establishment of a non-
disturbance buffer zone around active nests as determined by a qualified biologist. Nest
sites shall be avoided and protected with the non-disturbance buffer zone until the adults
and young of the year are no longer reliant on the nest site for survival as determined by a
qualified biologist. As such, avoiding disturbance or take of an active nest would reduce
potential impacts on nesting birds to a less-than-significant level.
Mitigation Measure 4.e.1: Grading and excavation and grading work shall be consistent
with the City of Atascadero Tree Ordinance. Special precautions when working around
native trees include:
11. All existing trees outside of the limits of work shall remain.
12. Earthwork shall not exceed the limits of the project area.
13. Low branches in danger of being torn from trees shall be pruned prior to any
heavy equipment work being done.
14. Vehicles and stockpiled material shall be stored outside the drip line of all trees.
15. All trees within twenty feet of construction work shall be fenced for protection with
4-foot chain link, snow or safety fencing placed per the approved tree protection
plan. Tree protection fencing shall be in place prior to any site excavation or
grading. Fencing shall remain in place until completion of all construction
activities.
16. Any roots that are encountered during excavation shall be clean cut by hand and
sealed with an approved tree seal.
17. Utilities such as water, gas, power, cable, storm drainage, and sewer should be
redirected from under the canopy of any trees that are to remain.
18. Where a building is placed within the canopy of a tree the foundation should be
redesigned so that it bridges across any root systems.
19. Any foundation or other structure that encroaches within the drip line of trees to
be saved shall be dug by hand.
20. At no time shall tree roots be ripped with construction equipment.
BP PS/ BS
161
ITEM 3 | 12/5/2017
MIXED-USE PLANNED DEVELOPMENT, 9105 PRINCIPAL AVE
PLN 2014-1519 / ECR Principal LLC
Conditions of Approval /
Mitigation Monitoring Program
Principal Mixed-Use 2017 Amendment
Planned Development (PD-24)
Master Plan of Development / Tract 3070 (2017)
CUP 2003-0117/TTM 2014-0107 (2017 Amendment)
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary
Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibi
lity
/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 4.e.2: Tree protection fencing shall be installed at the locations called
out in the Tree Protection Plan. An inspection of the tree fencing shall be done by City
staff prior to issuance of building permits.
BP PS/ BS
Mitigation Measure 4.e.3: The following measure shall be incorporated on-site during the
construction process of the proposed project:
14. A minimum height construction protective barrier shall be erected around
the drip line of the tree plus 4’. The fence shall be supported with “T”
posts at no more than 6’ o.c. and tied at least 3 places per post. This
fence shall be installed by the General Contractor before any rough
grading is allowed on the site. Approval for this stage must be obtained
in writing from either the Arborist or the Counties/Cities representative.
15. Earthwork shall not exceed the limits of the project area.
16. Low branches in danger of being torn during construction process shall
be pruned prior to any heavy equipment work being undertaken.
17. Once the rough grading is accomplished the fence may be moved closer
to the trunk of the tree for finish grading. At no time shall the fence be
placed within the Critical Root Zone (CRZ). This location is determined
by the diameter of the trunk at D.B.H. (4.5’ above grade) and is 1’ per 1”
diameter in the direction of the drip line. At no time shall the fence be
moved closer to the trunk than the drip line.
18. Any roots that are encountered over 2” diameter, during the excavation
process shall be clean cut perpendicular to the direction of root growth
with a handsaw. At no time shall tree seal be applied to any cut. Any
roots over 2” diameter the county/city representative shall be notified to
determine the preferred course of action.
19. All trenching with CRZ area shall require hand trenching to preserve and
protect roots over 2” in diameter.
20. No grading of trenching is allowed within the CRZ fenced area without
written permission from the County/City representative or a certified
arborist.
21. Any roots over 4” in diameter are not to be cut or ripped until inspected
and approved in writing by the arborist.
22. If, for whatever reason, work must be accomplished inside the drip line
4”-6” of mulch must be applied first to decrease the possibilities of
compaction upon written approval from the arborist.
23. There shall be a pre-construction meeting between the
Engineering/Planning staff of the County/City, Grading equipment
operators, Project Superintendent and the Arborist to review the project
conditions and requirements prior to any grubbing or earth work for any
BP PS/ BS
162
ITEM 3 | 12/5/2017
MIXED-USE PLANNED DEVELOPMENT, 9105 PRINCIPAL AVE
PLN 2014-1519 / ECR Principal LLC
Conditions of Approval /
Mitigation Monitoring Program
Principal Mixed-Use 2017 Amendment
Planned Development (PD-24)
Master Plan of Development / Tract 3070 (2017)
CUP 2003-0117/TTM 2014-0107 (2017 Amendment)
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary
Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibi
lity
/Monitoring
PS: Planning
Services
BS: Building
Services
FD: Fire
Department
PD: Police
Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water
Comp.
portions of the project site. All tree protection fencing shall be installed
for inspection prior to this meeting.
24. All trees shall be pruned before any construction takes place that are in
the development areas to be saved if they might be damaged by the
construction equipment. This must be accomplished by a bonded,
licensed, and certified Tree Service Contractor.
25. All debris shall be cleared from the area or chipped and spread on the
site or stacked in orderly piles for future use by the Owner, at the
Owners request.
26. In locations where paving is to occur within the drip line grub only and do
not compact unless authorized in writing. Permeable pavers or other
preamble surface must be approved by the Arborist.
Mitigation Measure 4.e.4: Upon project completion and prior to final occupancy a final
status report shall be prepared by the project arborist certifying that the tree protection
plan was implemented, the trees designated for protection were protected during
construction, and the construction-related tree protection measures are no longer required
for tree protection.
FO PS/
Mitigation Measure 4.e.5: All utilities shall remain outside the driplines of native trees.
BP PS/ BS
Mitigation 5.d.1: In the event that human remains are discovered on the property, all work
on the project shall stop and the Atascadero Police Department and the County Coroner
shall be contacted. The Atascadero Community Development Department shall be
notified. If the human remains are identified as being Native American, the California
Native American Heritage Commission (NAHC) shall be contacted at (916) 653 -4082
within 24 hours. A representative from both the Chumash Tribe and the Salinan Tribe
shall be notified and present during the excavation of any remains.
BP / GP PS
Mitigation Measure 6.b.1: The on-site subdivision / grading permit plans shall include
erosion control measures to prevent soil, dirt, and debris from entering the storm drain
system during and after construction, consistent with mitigation or construction methods
outlined in the geotechnical report. Plans shall be approved by the City Engineer prior to
issuance.
GP PS/CE
Mitigation Measure 6.b.2: All cut and fill slopes mitigated with an appropriate erosion
control method (erosion control blanket, hydro-mulch, or straw mulch appropriately
anchored) immediately after completion of earthwork, as approved by the City Engineer.
All disturbed slopes shall have appropriate erosion control methods in place.
GP PS/CE
163
ITEM 3 | 12/5/2017
MIXED-USE PLANNED DEVELOPMENT, 9105 PRINCIPAL AVE
PLN 2014-1519 / ECR Principal LLC
Conditions of Approval /
Mitigation Monitoring Program
Principal Mixed-Use 2017 Amendment
Planned Development (PD-24)
Master Plan of Development / Tract 3070 (2017)
CUP 2003-0117/TTM 2014-0107 (2017 Amendment)
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary
Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibi
lity
/Monitoring
PS: Planning
Services
BS: Building
Services
FD: Fire
Department
PD: Police
Department
CE: City Engineer
WW: Wastewater
CA: City Attorney
AMWC: Water
Comp.
Mitigation Measure 6.b.3: The contractor will be responsible for the clean-up of any mud or
debris that is tracked onto public streets by construction vehicles. An approved device
must be in place prior to commencement of grading activities. This device shall be
approved by the City Engineer.
GP PS/CE
Mitigation Measure 6.b.4: A re-vegetation plan shall be submitted with building permits.
All disturbed cut and fill slopes shall be vegetated as specified in a landscaping plan. The
landscaping plan must be approved by both the Community Development Department and
the Public Works Department.
GP PS/CE
Mitigation Measure 8.h.1: Construction will comply with section the California Building and
Fire Codes. New residences in the City are required to install fire sprinklers. Fire protection
measures shall include the use of non-combustible exterior construction and roofs and fire-
resistant building materials.
BP FD
Mitigation Measure 9.d.e.f.1: The project must include a series of pervious driveways,
parking space pervious cross-sections, landscaped areas, and a shallow retention pond
intercepting existing El Camino Real runoff in small storm events. Construction of two (2)
detention basins located along the existing ephemeral drainage to detain the peak
developed runoff coming from the new development is required. The detention basins
must meet the City’s drainage design standards with surface runoff being treated for water
quality through structural control measures including: disconnected downspouts flowing to
vegetated bio-swales, and pervious pavement areas to control storm volume. The two
detention ponds must meet the City’s peak runoff management criteria to maintain pre-
developed flow conditions for the two year storm event and control a fifty year maximum
storm with one foot of freeboard. In storm events with greater than a fifty year recurrence
interval, the detention pond must control discharge with a pipe out-flowing no more than
the existing two year peak flow.
GP PS/CE
Mitigation Measure 9.d.e.f.2: The developer is responsible for ensuring that all
contractors are aware of all storm water quality measures and that such measures are
implemented. Failure to comply with the approved construction Best Management
Practices will result in the issuance of correction notices, citations, or stop orders
GP PS/CE
Mitigation Measure 12.a.1: In order to reduce the impact of the air blower noise, the
Acoustic Study recommends blowers be placed deeper in the tunnel.
BP PS/BP
Mitigation Measure 12.a.2: The Acoustic Study recommends the addition of acoustical
protection to the facades of the residences that face the car wash site. This would have
the additional benefit of reducing their exposure to traffic noise from El Camino Real.
BP PS/BP
164
ITEM 3 | 12/5/2017
MIXED-USE PLANNED DEVELOPMENT, 9105 PRINCIPAL AVE
PLN 2014-1519 / ECR Principal LLC
Conditions of Approval /
Mitigation Monitoring Program
Principal Mixed-Use 2017 Amendment
Planned Development (PD-24)
Master Plan of Development / Tract 3070 (2017)
CUP 2003-0117/TTM 2014-0107 (2017 Amendment)
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary
Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibi
lity
/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 12.a.3: Following completion of the car wash phase of construction,
noise levels may be reassessed to determine the need for a noise barrier wall. The wall
could be constructed at the side of the exit drive and would be most effective if it were
several feet higher than the height of the blower closest to the exit. A wall extending eight
feet from the end of the tunnel would reduce sideline noise levels by six decibels.
BP PS/BP
Mitigation Measure 12.a.4: The Acoustic Study recommends the following design and
structural specifications for achieving a 25 decibel noise reduction.
Installation of an air conditioning or a mechanical ventilation system so that
windows in rooms and office spaces facing east can remain closed.
Exterior doors facing east should be solid core with sweeps and seals that make
a positive closure.
Exterior walls should be constructed of stucco 7/8” three coats over plywood 5/8”
on exterior.
Interior surfacing should be 5/8” for drywall interior. Additional acoustic insulation
could be achieved by two layers of drywall or application over resilient furring
channels.
Glass in both windows and doors should not exceed twenty percent (20%) of the
floor area in a room. This is for conventional windows. It i s reasonable to permit
an increased opening size if the window assembly conforms to the specifications
providing a greater than 25 decibel NLR. The greatest improvement in the sound
insulation of windows can be achieved by using thicker glass and a larger air
space between panes in dual glazed windows. STC values may be used in
estimating a window’s sound blocking qualities by the newer, Outdoor-Indoor
Transmission Class or OITC (ASTM E1332) value is preferred and more
appropriate for units exposed to transportation noise.
Voids around windows should be filled with insulation and wood blocking, and the
perimeter of windows thoroughly caulked.
Vents and openings should be minimized on the sides of the buildings exposed to
the road and if vents are required, they should be designed with acoustical
baffles.
BP PS/BP
Mitigation Measure 15.a.1: The applicant, prior to final map recordation, must annex into
the City’s Community Facilities District (CFD) that will be levied to residents on an annual
basis within the proposed project boundary to off-set additional maintenance costs by new
residents on existing recreation facilities maintained by the City.
FM PS/CE
165
ITEM 3 | 12/5/2017
MIXED-USE PLANNED DEVELOPMENT, 9105 PRINCIPAL AVE
PLN 2014-1519 / ECR Principal LLC
Conditions of Approval /
Mitigation Monitoring Program
Principal Mixed-Use 2017 Amendment
Planned Development (PD-24)
Master Plan of Development / Tract 3070 (2017)
CUP 2003-0117/TTM 2014-0107 (2017 Amendment)
Timing
FM: Final Map
GP: Grading Permit
BP: Building Permit
TO: Temporary
Occupancy
FI: Final inspection
FO: Final Occupancy
Responsibi
lity
/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 16.a.b.1: Striping Principal Ave must be provide a designated left and
right turn lane between El Camino Real and the westerly project driveway to reduce
queuing times and traffic impacts.
BP PS/CE
Mitigation Measure 16.a.b.2: Restricting parking to improve sight lines for vehicles exiting
the commercial driveway on the south side of Principal Ave must be approved by the
Public Works department. This may include red curb striping / signage or any other
additional devices required to enforce no parking along this segment.
BP PS/CE/F
D
Mitigation Measure 16.a.b.3: Payment of Circulation System Fee (TIF) shall be made prior
to the issuance of building permits for all residential and non-residential uses that
contribute to the deficiencies to the US 101 / Santa Rosa Road interchange. Those traffic
impact fees shall be collected as follows: $5,597 per residential unit (medium density);
$9.3710 per square foot (sf) for proposed car wash use; $6.8720 per square foot for
commercial uses. Consistent with the Subdivision Map Act, vesting right of fees shall
expire within one (1) year of the date that the final map is recorded. Any building permit not
applied for by the expiration of the vesting right will pay impact fee(s) as adopted at the
time of building permit application.
BP/FO PS
Mitigation Measure 17.d.1: Landscaping plans shall be submitted to the Community
Development Department for review and approval. Landscaping must consist of drought
tolerant species and utilize drip irrigation. Turf shall not be permitted as a part of the
approved landscaping plan.
BP PS
166