Loading...
HomeMy WebLinkAboutPC_2017-12-05_AgendaPacket WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website CITY OF ATASCADERO PLANNING COMMISSION AGENDA REGULAR MEETING Tuesday, 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 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website 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 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website COMMISSIONER COMMENTS AND REPORTS DIRECTOR’S REPORT ADJOURNMENT The next regular meeting will be on 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 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website City of Atascadero WELCOME TO THE ATASCADERO PLANNING COMMISSION MEETING The Planning Commission meets in regular session on the first and third Tuesday of each month at 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 11 ITEM 3 | 12/5/2017 Principal Mixed-Use Planned Development Amendment 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 12 ITEM 3 | 12/5/2017 Principal Mixed-Use Planned Development Amendment PLN 2014-1519 / ECR Principal, LLC 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 13 ITEM 3 | 12/5/2017 Principal Mixed-Use Planned Development Amendment PLN 2014-1519 / ECR Principal, LLC 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 14 ITEM 3 | 12/5/2017 Principal Mixed-Use Planned Development Amendment PLN 2014-1519 / ECR Principal, LLC 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. 15 ITEM 3 | 12/5/2017 Principal Mixed-Use Planned Development Amendment PLN 2014-1519 / ECR Principal, LLC 16 ITEM 3 | 12/5/2017 Principal Mixed-Use Planned Development Amendment PLN 2014-1519 / ECR Principal, LLC Overhead Utility Line Exhibit Exceptions to Undergrounding Requested by Applicant Proposed lines to remain overhead (relief from requirement to underground with development) 17 ITEM 3 | 12/5/2017 Principal Mixed-Use Planned Development Amendment PLN 2014-1519 / ECR Principal, LLC 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. 18 ITEM 3 | 12/5/2017 Principal Mixed-Use Planned Development Amendment PLN 2014-1519 / ECR Principal, LLC 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 19 ITEM 3 | 12/5/2017 Principal Mixed-Use Planned Development Amendment PLN 2014-1519 / ECR Principal, LLC 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 20 ITEM 3 | 12/5/2017 Principal Mixed-Use Planned Development Amendment PLN 2014-1519 / ECR Principal, LLC 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: 21 ITEM 3 | 12/5/2017 Principal Mixed-Use Planned Development Amendment PLN 2014-1519 / ECR Principal, LLC • 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. 22 ITEM 3 | 12/5/2017 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 23 ITEM 3 | 12/5/2017 Principal Mixed-Use Planned Development Amendment PLN 2014-1519 / ECR Principal, LLC 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 24 ITEM 3 | 12/5/2017 Principal Mixed-Use Planned Development Amendment PLN 2014-1519 / ECR Principal, LLC 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. 25 ITEM 3 | 12/5/2017 Principal Mixed-Use Planned Development Amendment PLN 2014-1519 / ECR Principal, LLC 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. 26 ITEM 3 | 12/5/2017 Principal Mixed-Use Planned Development Amendment PLN 2014-1519 / ECR Principal, LLC 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, 27 ITEM 3 | 12/5/2017 Principal Mixed-Use Planned Development Amendment PLN 2014-1519 / ECR Principal, LLC 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, 28 ITEM 3 | 12/5/2017 Principal Mixed-Use Planned Development Amendment PLN 2014-1519 / ECR Principal, LLC 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, 29 ITEM 3 | 12/5/2017 Principal Mixed-Use Planned Development Amendment PLN 2014-1519 / ECR Principal, LLC 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) 30 ITEM 3 | 12/5/2017 Principal Mixed-Use Planned Development Amendment PLN 2014-1519 / ECR Principal, LLC 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) 31 ITEM 3 | 12/5/2017 Principal Mixed-Use Planned Development Amendment PLN 2014-1519 / ECR Principal, LLC 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. 32 ITEM 3 | 12/5/2017 Principal Mixed-Use Planned Development Amendment PLN 2014-1519 / ECR Principal, LLC 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: 33 ITEM 3 | 12/5/2017 Principal Mixed-Use Planned Development Amendment PLN 2014-1519 / ECR Principal, LLC 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: 34 ITEM 3 | 12/5/2017 Principal Mixed-Use Planned Development Amendment PLN 2014-1519 / ECR Principal, LLC 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: 35 ITEM 3 | 12/5/2017 Principal Mixed-Use Planned Development Amendment PLN 2014-1519 / ECR Principal, LLC 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 ☐ 36 ITEM 3 | 12/5/2017 Principal Mixed-Use Planned Development Amendment PLN 2014-1519 / ECR Principal, LLC ATTACHMENT 2: Applicant’s Proposal PLN 2014-1519 Amendment / ECR Principal LLC 37 ITEM 3 | 12/5/2017 Principal Mixed-Use Planned Development Amendment PLN 2014-1519 / ECR Principal, LLC ATTACHMENT 2: Applicant’s Proposal PLN 2014-1519 Amendment / ECR Principal LLC 38 ITEM 3 | 12/5/2017 Principal Mixed-Use Planned Development Amendment PLN 2014-1519 / ECR Principal, LLC ATTACHMENT 2: Applicant’s Proposal PLN 2014-1519 Amendment / ECR Principal LLC 39 ITEM 3 | 12/5/2017 Principal Mixed-Use Planned Development Amendment PLN 2014-1519 / ECR Principal, LLC ATTACHMENT 2: Applicant’s Proposal PLN 2014-1519 Amendment / ECR Principal LLC 40 ITEM 3 | 12/5/2017 Principal Mixed-Use Planned Development Amendment PLN 2014-1519 / ECR Principal, LLC ATTACHMENT 2: Applicant’s Proposal PLN 2014-1519 Amendment / ECR Principal LLC 41 ITEM 3 | 12/5/2017 Principal Mixed-Use Planned Development Amendment PLN 2014-1519 / ECR Principal, LLC ATTACHMENT 2: Applicant’s Proposal PLN 2014-1519 Amendment / ECR Principal LLC 42 ITEM 3 | 12/5/2017 Principal Mixed-Use Planned Development Amendment PLN 2014-1519 / ECR Principal, LLC ATTACHMENT 2: Applicant’s Proposal PLN 2014-1519 Amendment / ECR Principal LLC 43 ITEM 3 | 12/5/2017 Principal Mixed-Use Planned Development Amendment PLN 2014-1519 / ECR Principal, LLC 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. 44 ITEM 3 | 12/5/2017 Principal Mixed-Use Planned Development Amendment PLN 2014-1519 / ECR Principal, LLC ATTACHMENT 4: Site Photographs PLN 2014-1519 45 ITEM 3 | 12/5/2017 Principal Mixed-Use Planned Development Amendment PLN 2014-1519 / ECR Principal, LLC ATTACHMENT 5: Previously Approved Project Exhibits (2015) 2015 Site Plan 46 ITEM 3 | 12/5/2017 Principal Mixed-Use Planned Development Amendment PLN 2014-1519 / ECR Principal, LLC ATTACHMENT 5: Previously Approved Project Exhibits (2015) 2015 Landscape Plan 47 ITEM 3 | 12/5/2017 Principal Mixed-Use Planned Development Amendment PLN 2014-1519 / ECR Principal, LLC ATTACHMENT 5: Previously Approved Project Exhibits (2015) 2015 Mixed-Use Elevations / Floor Plan (LIVE-WORK UNITS) 48 ITEM 3 | 12/5/2017 Principal Mixed-Use Planned Development Amendment PLN 2014-1519 / ECR Principal, LLC ATTACHMENT 5: Previously Approved Project Exhibits (2015) 2015 Mixed-Use Elevations / Floor Plan (LIVE-WORK UNITS) 49 ITEM 3 | 12/5/2017 Principal Mixed-Use Planned Development Amendment PLN 2014-1519 / ECR Principal, LLC ATTACHMENT 5: Previously Approved Project Exhibits (2015) 2015 Detached SFR Elevations and Floor Plans 50 ITEM 3 | 12/5/2017 Principal Mixed-Use Planned Development Amendment PLN 2014-1519 / ECR Principal, LLC ATTACHMENT 5: Previously Approved Project Exhibits (2015) 2015 Detached SFR Elevations and Floor Plans 51 ITEM 3 | 12/5/2017 Principal Mixed-Use Planned Development Amendment PLN 2014-1519 / ECR Principal, LLC ATTACHMENT 5: Previously Approved Project Exhibits (2015) 2015 Duplex Units 52 ITEM 3 | 12/5/2017 Principal Mixed-Use Planned Development Amendment PLN 2014-1519 / ECR Principal, LLC 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 53 ITEM 3 | 12/5/2017 Principal Mixed-Use Planned Development Amendment PLN 2014-1519 / ECR Principal, LLC 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 54 ITEM 3 | 12/5/2017 Principal Mixed-Use Planned Development Amendment PLN 2014-1519 / ECR Principal, LLC 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. 55 ITEM 3 | 12/5/2017 Principal Mixed-Use Planned Development Amendment PLN 2014-1519 / ECR Principal, LLC 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 56 ITEM 3 | 12/5/2017 Principal Mixed-Use Planned Development Amendment 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 57 ITEM 3 | 12/5/2017 Principal Mixed-Use Planned Development Amendment PLN 2014-1519 / ECR Principal, LLC 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 58 ITEM 3 | 12/5/2017 Principal Mixed-Use Planned Development Amendment PLN 2014-1519 / ECR Principal, LLC Attachment 1: Transportation Study Update 59 ITEM 3 | 12/5/2017 Principal Mixed-Use Planned Development Amendment PLN 2014-1519 / ECR Principal, LLC 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 60 ITEM 3 | 12/5/2017 Principal Mixed-Use Planned Development Amendment PLN 2014-1519 / ECR Principal, LLC 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 61 ITEM 3 | 12/5/2017 Principal Mixed-Use Planned Development Amendment PLN 2014-1519 / ECR Principal, LLC 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. 62 ITEM 3 | 12/5/2017 Principal Mixed-Use Planned Development Amendment PLN 2014-1519 / ECR Principal, LLC 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. 63 ITEM 3 | 12/5/2017 Principal Mixed-Use Planned Development Amendment PLN 2014-1519 / ECR Principal, LLC 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 64 ITEM 3 | 12/5/2017 Principal Mixed-Use Planned Development Amendment PLN 2014-1519 / ECR Principal, LLC 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; 65 ITEM 3 | 12/5/2017 Principal Mixed-Use Planned Development Amendment PLN 2014-1519 / ECR Principal, LLC (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) 66 ITEM 3 | 12/5/2017 Principal Mixed-Use Planned Development Amendment PLN 2014-1519 / ECR Principal, LLC 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 67 ITEM 3 | 12/5/2017 Principal Mixed-Use Planned Development Amendment PLN 2014-1519 / ECR Principal, LLC 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, 68 ITEM 3 | 12/5/2017 Principal Mixed-Use Planned Development Amendment PLN 2014-1519 / ECR Principal, LLC 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. 69 ITEM 3 | 12/5/2017 Principal Mixed-Use Planned Development Amendment PLN 2014-1519 / ECR Principal, LLC 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 70 ITEM 3 | 12/5/2017 Principal Mixed-Use Planned Development Amendment PLN 2014-1519 / ECR Principal, LLC 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 71 ITEM 3 | 12/5/2017 Principal Mixed-Use Planned Development Amendment PLN 2014-1519 / ECR Principal, LLC 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 ITEM 3 | 12/5/2017 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 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 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