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HomeMy WebLinkAboutPC_2018-03-06_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, March 6, 2018 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 Jerel Seay Vice Chairperson Tom Zirk Commissioner Duane Anderson Commissioner Ryan Betz Commissioner Mark Dariz Commissioner Josh Donovan Commissioner Jan Wolff 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 FEBRUARY 20, 2018 City of Atascadero Planning Commission Agenda Regular Meeting, March 6, 2018 Page 2 of 5 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website 2. APPROVAL OF TIME EXTENSION FOR 11955 VIEJO CAMINO, CERRO ROBLE DEVELOPMENT (PLN 2014-1529) 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. CONDITIONAL USE PERMIT FOR 8120 MORRO ROAD Property Owner: Farid and Manirva Roboz Representative: Jason Akraa Project Title: PLN 2017-1654 – Conditional Use Permit Project Location: 8120 Morro Road, Atascadero, CA APN 030-231-028 (San Luis Obispo County) Project Description: The applicant proposes a mixed-use development to include a ground floor liquor / convenience store (general retail) and 3 residential units on the 2nd floor. Proposed Environmental Determination: The project qualifies for a Class 32 CEQA Exemption. City Staff: Kelly Gleason, Senior Planner, kgleason@atascadero.org, Phone: (805) 470-3446. Recommendation: Staff recommends that the Planning Commission adopt PC Resolution 2018 -A approving a Conditional Use Permit to allow a mixed-use retail and residential development, based on findings and subject to conditions. City of Atascadero Planning Commission Agenda Regular Meeting, March 6, 2018 Page 3 of 5 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website 4. CONDITIONAL USE PERMIT AMENDMENT FOR 6300-6500 EL CAMINO REAL, THE LA PLAZA PROJECT 5. CONDITIONAL USE PERMIT FOR 8005 GABARDA AVE. Property Owner: Z3 LLC Representative: RRM Design Group Project Title: PLN 2017-1649 – La Plaza Project Location: 6300-6500 El Camino Real, Atascadero, CA APN 030-193-001, 003, 017, 016, 030, 033 (San Luis Obispo County) Project Description: The proposed project includes an Amendment to a previously approved mixed - use development on previously developed properties within Downtown Atascadero. Proposed project includes 18,000 sf of commercial type uses on the 1st floor, 40 residential units on 2nd and 3rd floors, and 11,761 sf pedestrian plaza located on Atascadero Mall. Portions of excess City right -of-way are proposed to be abandoned to accommodate the project. A subdivision map would perfect right-of-way changes. Proposed Environmental Determination: A Notice of Intent to adopt Mitigated Negative Declaration was circulated from 10/18/17 to 11/7/17 and is available at www.atascadero.org. City Staff: Phil Dunsmore, Community Development Director, pdunsmore@atascadero.org, Phone: (805) 470-3488 Recommendation: Staff recommends that the Planning Commission adopt PC Resolution 2018 -A and PC Resolution 2018-B approving the project amendments. Property Owner: City of Atascadero, 6500 Palma Ave., Atascadero, CA 93422 Representative: Bob Joslin, Public Works Dept. Project Title: PLN 2099-0367 – CUP 2005-0159 Amendment Project Location: 8005 Gabarda Ave., Atascadero, CA APN 028-421-001 (San Luis Obispo County) Project Description: The proposed project consists of a Conditional Use Permit for cargo containers for storage at the Public Works Maintenance Yard. The Atascadero Municipal Code allows for two (2) or more cargo containers to be permitted through the Conditional Use Permit process. Proposed Environmental Determination: The proposed project is Categorically Exempt (Class 3) from the provisions of the California Environmental Quality Act. CEQA Section 15303 exempts new construction of small structures. City Staff: Callie Taylor, Sr. Planner, ctaylor@atascadero.org, Phone: (805) 470-3448. Recommendation: Staff recommends that the Planning Commission adopt PC Resolution 2018 -A approving installation of cargo containers. City of Atascadero Planning Commission Agenda Regular Meeting, March 6, 2018 Page 4 of 5 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 March 20, 2018, 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. City of Atascadero Planning Commission Agenda Regular Meeting, March 6, 2018 Page 5 of 5 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 avail able 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 publ ic. 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 a rrangements 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 2/20/18 Page 1 of 5 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting - Tuesday, February 20, 2018 - 6:00 P.M. City Hall Council Chambers 6500 Palma Avenue, Atascadero, California 93422 CALL TO ORDER – 6:03 p.m. Chairperson Seay called the meeting to order at 6:03 p.m. and Commissioner Betz led the Pledge of Allegiance. ROLL CALL Present: Commissioners Anderson, Betz, Dariz, Donovan, Wolff, Vice Chairperson Zirk and Chairperson Seay Absent: None Staff Present: City Manager, Rachelle Rickard Deputy City Clerk, Amanda Muther Senior Planner, Callie Taylor Senior Planner Kelly Gleason APPROVAL OF AGENDA MOTION: By Commissioner Betz and seconded by Commissioner Wolff to approve the Agenda. Motion passed 7:0 by a roll-call vote. PUBLIC COMMENT The following members of the public spoke during public comment: Linda Keltz Chairperson Seay closed the Public Comment period. ITEM NUMBER: 1 DATE: 3-6-18 1 PC Draft Minutes of 2/20/18 Page 2 of 5 CONSENT CALENDAR 1. APPROVAL OF DRAFT MINUTES OF PLANNING COMMISSION MEETING ON FEBRUARY 6, 2018 Commissioner Donovan noted that he had not been at the February 6, 2018 meeting and would be abstaining. MOTION: By Commissioner Anderson and seconded by Commissioner Wolff to approve the Consent Calendar. Motion passed 6:0 by a roll-call vote. (Donovan abstained) PLANNING COMMISSION BUSINESS None COMMUNITY DEVELOPMENT STAFF REPORTS NONE PUBLIC HEARINGS DISCLOSURE OF EX PARTE COMMUNICATIONS: Prior to a project hearing Planning Commission Members must disclose any communications they have had on any quasi-judicial agenda items. This includes, but is not limited to, Tentative Subdivision Maps, Parcel Maps, Variances, Conditional Use Permits, and Planned Development Permits. This does not disqua lify 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).) 2. PLN 2017-1674, TENTATIVE PARCEL MAP FOR 6907 EL CAMINO REAL Applicant: City of Atascadero, 6500 Palma Ave., Atascadero, CA 93422 Project Title: PLN 2017-1674 – Tentative Parcel Map Project Location: 6907 El Camino Real, Atascadero, CA APN 029-361-045 (San Luis Obispo County) Project Description: A Tentative Parcel Map is proposed to subdivide the former Creekside City Hall parcel to create 3 separate lots. The existing Transit Center on Capistrano Ave. and the existing public plaza area near the Centennial Bridge will become separate parcels that will be retained by the City. The remaining parcel housing the Creekside building and adjacent improvements will be sold for private uses. Proposed Environmental Determination: A Notice of Intent to Adopt a Negative Declaration was circulated from 12/4/17 to 12/24/17. City Staff: Callie Taylor, Senior Planner, ctaylor@atascadero.org, Phone: (805) 470-3448. Recommendation: Staff recommends that the Planning Commission adopt PC Resolution 2018 -A approving the subdivision map. 2 PC Draft Minutes of 2/20/18 Page 3 of 5 EX PARTE COMMUNICATIONS None Senior Planner Taylor gave the staff report and she and City Manager Rickard answered questions from the Commission. PUBLIC COMMENT The following members of the public spoke during public comment: Linda Keltz Chairperson Seay closed the Public Comment period. MOTION: By Commissioner Anderson and seconded by Commissioner Donovan recommending the Planning Commission adopt PC Resolution 2018-A, approving the subdivision map. Motion passed 7:0 by a roll-call vote. 3. PLN 2017-1679, CITYWIDE TREE ORDINANCE AMENDMENTS EX PARTE COMMUNICATIONS None Senior Planner Gleason gave the staff report and she and Senior Planner Taylor answered questions from the Commission. PUBLIC COMMENT The following members of the public spoke during public c omment: Mike Orvis, Corey Meyer and Jim Patterson. Chairperson Seay closed the Public Comment period. Applicant: City of Atascadero, 6500 Palma Ave., Atascadero, CA 93422 Project Title: PLN 2017-1679 – Citywide Tree Ordinance Amendments Project Location: Citywide, Atascadero, CA, (San Luis Obispo County) Project Description: The Planning Commission will review Tree Ordinance Text Updates of the Atascadero Municipal Code including amendments to the Atascadero Native Tree Ordinance and Tree Guidelines including changing the level of review required for trees exceeding 24” dbh from Planning Commission approval to staff approval and establishing a Heritage Tree list for native and non-native landmark trees that will require Planning Commission review and approval. Proposed Environmental Determination: Exempt from CEQA (Section 15061(b)(3). No significant environmental impact. City Staff: Kelly Gleason, Senior Planner, kgleason@atascadero.org, Phone: (805) 470-3446. Recommendation: Staff recommends that the Planning Commission adopt PC Resolution 201 8-A recommending that the City Council adopt proposed amendments to the Atascadero Native Tree Ordinance and the Native Tree Guidelines and Standards. 3 PC Draft Minutes of 2/20/18 Page 4 of 5 Following concerns raised by members of the Atascadero Land Preservation Society (ALPS) during Public Comment, Vice Chairperson Zirk moved to recommend the Planning Commission: 1. Adopt PC Resolution 2018-A recommending that the City Council adopt an Ordinance to amend Title 9, Chapter 11 of the Atascadero Municipal Code Tree Ordinance based on findings, subject to additional staff and ALPS recommendations to be placed before the City Council. 2. Adopt PC Resolution 2018-B, recommending the City Council make amendments to the Native Tree Guidelines and Standards based on findings with Heritage Tree List changes as recommended by staff. After Vice Chairperson Zirk’s motion there was additional discussion by the Commission. City Manager Rickard clarified the City’s standard practices for presenting information to Council and advised that through the staff report process, City Council would be able to receive ALPS written recommendations. Based on the additional information, Vice Chairperson Zirk withdrew his amended motion. The Planning Commission noted the concerns raised by ALPS during public comment and strongly encouraged staff to meet with ALPS in order to provide Council with a list of ALPS concerns/recommendations for review and consideration at the Council level. MOTION: By Vice Chairperson Zirk and seconded by Commissioner Dariz recommending the Planning Commission: 1. Adopt Resolution PC 2018-A, recommending the City Council adopt an ordinance to amend Title 9, Chapter 11 of the Atascadero Municipal Code (Tree Ordinance), based on findings. 2. Adopt Resolution PC 2018-B, recommending that the City Council make amendments to the Native Tree Guidelines and Standards, based on findings, with Heritage Tree List changes as recommended by staff. Motion passed 7:0 by a roll-call vote. COMMISSIONER COMMENTS AND REPORTS Commissioner Wolff announced that the Old Carl’s Jr. sign had finally been removed and expressed gratitude to City staff for their constant attention to the matter. DIRECTOR’S REPORT Senior Planner Gleason announced the items that were planned for the next meeting agenda. 4 PC Draft Minutes of 2/20/18 Page 5 of 5 ADJOURNMENT - 7:20 p.m. The next Regular meeting of the Planning Commission is scheduled for March 6, 2018, at 6:00 p.m. at City Hall, Council Chambers, 6500 Palma Avenue, Atascadero. MINUTES PREPARED BY: ____________________________ Amanda Muther Deputy City Clerk 5 Atascadero Planning Commission Staff Report – Community Development Department Kelly Gleason, Senior Planner, 470-3446, kgleason@atascadero.org PLN 2014-1529 Vesting Tentative Tract Map Time Extension Cerro Roble Residential Development (Midland Pacific Homes) SUBJECT: The consideration of a one-year time extension for the Cerro Roble Residential Development: Tract 3078 and associated Master Plan of Development. RECOMMENDATION: Staff recommends Planning Commission adopt Resolution PC 2018-A, approving a one-year time extension of PLN 2014-1529, which includes a vesting Tentative Tract Map (TR 3078) and Conditional Use Permit in compliance with Sections 11-4.23(a) and 11-4.33(b) of the Subdivision Ordinance (Title 11). SITUATION AND FACTS: 1. Owner and Applicant: Midland Pacific Homes 7305 Morro Rd, Suite 207, Atascadero CA 93422 2. Project Address: 11955 Viejo Camino APN 045-401-003, 004 3. General Plan Designation: Single-Family residential - X (SFR-X) 4. Zoning District: Residential Single-Family - X (RSF-X) / Planned development #33 (PD 33) 5. Site Area: 8.8 acres 6. Existing Use: Improvements under construction 7. Environmental Status: Certified Mitigated Negative Declaration ITEM NUMBER: 2 DATE: 3/6/2018 6 DISCUSSION: Background: The Cerro Roble project (formerly known as The Groves) was approved on April 7, 2016 and included entitlements for a Vesting Tentative Tract map, Conditional Use Permit, and Tree Removal Permit. The applicant has pulled permits for, and is in the process of constructing subdivision and public improvements for the project. Improvements are required to be constructed prior to final map recordation unless bonded for. The applicant is working toward completion of the improvements at this tim e. Analysis: The Subdivision Map Act mandates an initial two -year life and, by local ordinance, the City can extend initial life up to an additional 12 months. Additionally, the City may continue to extend, in one year increments, the time at which the map expires for a period or periods not to exceed a total of five years. The application for the extension must be filed prior to the expiration date. The Planning Commission has discretion on whether they want to extend the map, or they can defer the decision to the City Council. The proposed Time Extension would extend the Vesting Tentative Map until April 7, 2019. The applicant must have their vesting tentative map accepted by the City Council on or before April 7, 2019, unless an additional extension has been granted. Vesting Tentative Parcel Map A Vesting Tentative Tract Map was approved as part of the project consistent with the Master Plan of Development and PD33 overlay zoning standards. The Vesting Tentative Tract Map was conditioned to meet all City standards including on-site and off-site street improvements. No new standards have been established since the time of project approval. Conditional Use Permit A Master Plan of Development in the form of a Conditional Use Permit was approved concurrently with the Tentative Tract Map. The Master plan of Development and Tract Map make up the full project entitlements that guide development and build -out of the project. The expiration date Conditional Use Permit will be extended 1 -year with this approval to be consistent with the life of the map. Time Extension Findings The following are required findings that must be made by the Planning Commissi on to extend the Vesting Map, consistent with Section 9-2.117 of the Atascadero Municipal Code. Finding #1 There have been no changes to the provisions of the General Plan or zoning regulations applicable to the project since the approval of the entitlement (AMC 9- 2.117(a)(1)); 7 There have been no applicable changes to the General Plan or zoning regulations since the project was entitled. All conditions of approval and required mitigation measures are to be completed in addition to all applicable zoning requirements and General Plan requirements. Finding #2 There have been no changes in the character of the site o r its surroundings which affect how the standards of the General Plan or zoning regulations apply to the project (AMC 9-2.117(a)(2)). The site is currently under construction with subdivision improvements in accordance with approved entitlements. The surrounding properties have yet to develop, therefore there have been no changes in the character or its surroundings which affect how the standards of the General Plan or zoning regulations apply to the project. In staff’s opinion, the required findings may be made by the Planning Commission to extend the life of the Vesting Tentative Tract Map and associated entitlements for one (1) year. Map History: Approval Expiration Original Approval 04/07/16 04/07/18 Proposed Extension (Applied on 01/18/18) 03/06/18 04/07/19 CONCLUSION: The applicant is under construction with subdivision and public improvements for the Cerro roble project. No significant factors have changed to warrant reconsideration of project conditions or entitlements. Staff recommends the Planning Commission approve the Time Extension as requested. ALTERNATIVES: 1. The Commission may approve the Time Extension subject to additional or revised project conditions. 2. The Commission may deny the Time Extension if it is found to be inconsistent with the General Plan or any of the other required findings. The Commission’s motion to deny must include a finding basis for denial. 3. The Commission may continue the hearing and refer the item back to staff for additional information or analysis. Direction should be given to staff and the applicant on required information. 8 ATTACHMENTS: Attachment 1 - Location Map (General Plan & Zoning) Attachment 2 - TR 3078 Attachment 3 – Master Plan of Development Attachment 4 - Conditions of Approval PLN 2014-1529 Attachment 5 - Draft Resolution 2018-A 9 Zoning District: Residential Single-Family – X / PD 33 Land Use Designation: Single-Family Residential - X ATTACHMENT 1: Location Map (General Plan / Zoning) PLN 2014-1529 11955 Viejo Camino Proposed Project Site 10 ATTACHMENT 2: TR 3078 11955 Viejo Camino 11 ATTACHMENT 3: Master Plan of Development 11955 Viejo Camino 12 ATTACHMENT 4: Conditions of Approval/Mitigation Monitoring Program PLN 2014-1529 Conditions of Approval / Mitigation Monitoring Program Halcon Residential Planned Development – The Groves Planned Development (PD-33) Master Plan of Development Timing FM: Final Map GP: Grading Permit BP: Building Permit TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Planning Services 1. The approval of this use permit shall become final and effective for the purposes of issuing building permits thirty (30) days following the City Council approval of ZCH 2014-0175 and ZCH 2015-0178 upon second reading, unless prior to that time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. FM PS 2. The Community Development Director shall have the authority to approve minor changes to the project that remain in substantial conformance to the approved Master Plan of Development. Such changes may include, but are not limited to, building alterations and/or architectural changes, site placement of structures, landscape modifications, and construction design issues that do not substantively affect the Master Plan of Development. The DRC shall make a recommendation to the Community Development Director related to any proposed architectural design changes not in keeping with the architectural style approved by this resolution. The Planning Commission shall have the final authority to approve any changes to the Master Plan of Development and any associated Tentative Maps deemed to be substantive by the Community Development Director. BP / FM PS, CE 3. Approval of this Conditional Use Permit shall be valid for twenty-four (24) months after its effective date. At the end of the period, the approval shall expire and become null and void unless the project has received a building permit. BP / FM PS 4. The applicant shall defend, indemnify, and hold harmless the City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the subdivision Ongoing PS 5. All subsequent Tentative Map and construction permits shall be in substantial conformance with the Master Plan of Development contained herein. BP / FM PS, CE 13 Conditions of Approval / Mitigation Monitoring Program Halcon Residential Planned Development – The Groves Planned Development (PD-33) Master Plan of Development Timing FM: Final Map GP: Grading Permit BP: Building Permit TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. 6. All exterior elevations, finish materials and colors shall be in substantial conformance with the Master Plan of Development as shown in EXHIBIT D with the following modifications:  Garage doors shall be of a color compatible with the building color scheme and shall be designed to blend in with the façade rather that contrast.  Any proposed exterior street, pedestrian, or building mounted light fixtures shall be of architectural grade and design and shall be compliment the architectural style, subject to staff approval. All lighting shall comply with dark sky standards and shall be located and directed to avoid off-site glare per City ordinance.  Stucco siding shall be smooth troweled or similar. No machine finishes will be permitted.  Stone accent banding shall wrap each façade to an adjoining projected feature or at a distance approved by staff. BP PS 7. All site work, grading, and site improvements shall be in substantial conformance with the Master Plan of Development as shown in EXHIBIT B, C, E and F. BP/FM PS, BS, CE 8. A final landscape and irrigation plan shall be approved prior to the issuance of building permits and included as part of site improvement plan consistent with EXHIBIT C, and as follows:  All exterior meters, trash storage areas, air conditioning units and mechanical equipment shall be screened with landscape material and/or architecturally compatible enclosures.  All areas shown on the landscape plan and/or areas disturbed during construction for individual lots shall be landscaped and/or hydroseeded with a native mix by the developer completed prior to final of each lot.  Landscape areas between the Viejo Camino pathway and the split rail fence (limits of public easement) shall be landscaped prior to final and acceptance of the off-site improvements.  Street trees shall be provided along Viejo Camino at a maximum spacing of 30 feet on center. Groupings of trees may be allowed to accommodate sight-distance, topographical features, and/or rural character, subject to the approval of the Community Development Director and City BP PS, BS 14 Conditions of Approval / Mitigation Monitoring Program Halcon Residential Planned Development – The Groves Planned Development (PD-33) Master Plan of Development Timing FM: Final Map GP: Grading Permit BP: Building Permit TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Engineer.  Landscape screening comprised of a combination of trees and native shrubs/grasses shall be provided between all pedestrian pathways and any solid fencing or sound wall features. Walkable shoulders shall be considered as pedestrian pathways for the purposes of this condition.  The corner of Viejo Camino and Santa Barbara Rd shall include enhanced landscaping to buffer between the project and the existing rural residences. Landscaping shall include a combination of trees and native shrubs/grasses, subject to staff approval.  Street and screening trees shall be minimum 15-gallon size and double staked.  A neighborhood identification monument sign shall be permitted at the Viejo Camino project entrance. Monument sign design shall be consistent with building and/or sound wall materials and shall be subject to the review and approval of staff.  Adequate sight-distance shall be maintained at all intersections and private driveways. Shrubs/grasses shall be setback or eliminated where clear sight-distance is required. 9. All project fencing shall be installed consistent with EXHIBIT C subject to the following modifications:  All solid fencing shall be setback a minimum of 10-feet from the edge of right-of-way/public access easements and shall include landscaping within the setback area.  Split rail fencing shall be installed along the Viejo Camino frontage at the edge of the easement dedication. This fencing shall be maintained by the HOA.  Rear yard privacy fencing for lost abutting Viejo Camino or any interior street shall be setback a minimum of 10-feet from the edge of the easement dedications. This includes all pathways and walkable shoulders.  All project fencing shall be of consistent style and material.  Sound walls may be required for outdoor activity areas located in areas along Viejo Camino where decibel readings exceed residential standards, as identified in EXHIBIT G. Where required, sound walls shall be of architectural quality and include features such as GP/BP PS 15 Conditions of Approval / Mitigation Monitoring Program Halcon Residential Planned Development – The Groves Planned Development (PD-33) Master Plan of Development Timing FM: Final Map GP: Grading Permit BP: Building Permit TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. decorative top caps. Sound walls shall have the same setback and landscaping requirements as solid fencing. Any sound wall proposed at the boundaries of the project shall taper in a decorative matter and not abruptly terminate at the property line. Neighborhood signage may be incorporated into the sound wall design. Alternatively, sound attenuation areas may be integrated into the building design and/or setback outside of the identified area. 10. Final selection of colors and materials identified in EXHIBIT D shall be subject to staff approval. GP/BP PS 11. Affordable Housing Requirement: The applicant shall submit a payment of 2.5% of the building valuation for each residential unit to be placed into the City’s inclusionary housing fund. Payment shall be required prior to building permit issuance. GP/BP PS, CA 12. A Tree Protection Plan shall be prepared as part of the on- and off-site improvement plan package and/or any residential building permit where construction activities will occur within 20- feet of a native tree dripline. The applicant will contract with a certified arborist to monitor all activity within the drip lines of existing native trees. GP/BP PS 13. The emergency services and facility maintenance costs listed below shall be 100% funded by the project in perpetuity. The service and maintenance costs shall be funded through a community facilities district established by the City at the developer's cost. The funding mechanism must be in place prior to or concurrently with acceptance of the final maps. The funding mechanism shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any final map. The administration of the above mentioned funds shall be by the City. Developer agrees to participate in the community facilities district and to take all steps reasonably required by the City with regard to the establishment of the district and assessment of the 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 BP PS 16 Conditions of Approval / Mitigation Monitoring Program Halcon Residential Planned Development – The Groves Planned Development (PD-33) Master Plan of Development Timing FM: Final Map GP: Grading Permit BP: Building Permit TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. maintenance service costs related to the project. 14. All tract maintenance costs listed below shall be 100% funded by the project in perpetuity. The service and maintenance cost shall be funded through a Home Owners Association established by the developer subject to City approval. The Home Owners Association must be in place prior to, or concurrently with acceptance of any final maps. The Home Owners Association shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any Final Map. The administration of the above mentioned funds, and the coordination and performance of maintenance activities, shall be the responsibility of the Home Owners Association. a) All streets, bridges, sidewalks, streetlights, street signs, roads, emergency access roads, emergency access gates, and sewer mains within the project. b) All parks, trails, recreational facilities and like facilities. c) All open space and native tree preservation areas. d) All drainage facilities and detention basins. e) All creeks, flood plains, floodways, wetlands, and riparian habitat areas. f) All common landscaping areas, street trees, medians, parkway planters, manufactured slopes outside private yards, and other similar facilities. g) All frontage landscaping and sidewalks along public streets BP PS 15. Prior to issuance of building permits for any residential unit, the applicant shall pay their fair share toward improvements at the US 101/Santa Barbara interchange based on a City approved cost estimate for the build-out improvements. BP PS, BS 16. Prior to final map, the applicant shall submit CC&Rs for review by the Community Development Department. The CC&R’s shall record with the Final Map and shall include the following: a) Provisions for maintenance of all common areas including access, parking, street trees, fencing and landscaping. b) A detailed list of each individual homeowner’s responsibilities for maintenance of the individual units. c) Individual unit’s responsibility for keeping all trash receptacles within the unit’s garage. BP PS, BS 17 Conditions of Approval / Mitigation Monitoring Program Halcon Residential Planned Development – The Groves Planned Development (PD-33) Master Plan of Development Timing FM: Final Map GP: Grading Permit BP: Building Permit TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. 17. Approval of this permit shall include the removal of 19 Native Oak Trees, totaling 242-inches dbh. The applicant shall provide a tree preservation easement over a portion of lots 10 and 7 as mitigation of the approved removals. Any additional removals shall be subject to Planning Commission approval. BP PS, BS ENGINEERING CONDITIONS PROJECT SPECIFIC CONDITIONS 18. The internal streets shall be offered as public rights-of-way as shown on the tentative map and shall be extended to include the cul-de-sac adjacent to lots 9, 16 & 17. BP, GP CE 19. Internal streets shall not be improved with sidewalks but shall comply with City standards for Rural Local roads. The road shoulder adjacent to Lots 1-5 and Lots 13-15 shall include a 5-foot wide walkable shoulder of compacted Class II Agg Base or DG, with a cross-slope matching that of the street, but not exceeding 4%. Where curb & gutter, or, an AC dike are required to convey stormwater, the area behind the curb or dike shall be compacted base or DG as described above. Curb ramps are not required at the intersections of the internal streets. BP, GP CE 20. Viejo Camino shall be improved to City standards as shown on the Tentative Map along the project frontage. New improvements shall be consistent with City standards and the Circulation Element and shall include new curb, gutter, street intersection with cross-gutter, traffic signage and delineation, a bike lane (Class II), and transit stop. The street pavement shall be completed to integrate the existing roadway with the new frontage improvements as shown on the Tentative Map. BP, GP CE 21. Along the Viejo Camino frontage, the property owner shall dedicate an easement and construct a public pedestrian and bike trail to accommodate a 10-foot wide detached pedestrian & bike trail. The pedestrian/bike trail shall be constructed of compacted class 2 aggregate base or decomposed granite to the satisfaction of the Director of Public Works and Director of Community Development. Final alignment shall meander as necessary to conform to the existing terrain, trees and drainage requirements to the satisfaction of the Director of Public Works and Director of Community Development. BP, GP CE 18 Conditions of Approval / Mitigation Monitoring Program Halcon Residential Planned Development – The Groves Planned Development (PD-33) Master Plan of Development Timing FM: Final Map GP: Grading Permit BP: Building Permit TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. 22. The transit stop shown on Viejo Camino shall be not less than 90 feet long (end-to-end, including transition lanes). The transit stop shall be designed using smooth curves to allow for ease of entry/exiting of the bus as well as street sweeping equipment. The bus staging area shall be of sufficient width to allow the bus to be safely located out of the travel lane(s) while loading or unloading passengers to the satisfaction of the City Engineer. The structural pavement-section shall be sufficient to support the typical transit vehicles but shall be not less than 6” Class A concrete over 6” Class II Aggregate Base, to the satisfaction of the City Engineer. Sidewalk at the transit stop shall be in addition to the concrete pad necessary to place the transit street furniture (bus shelter, bench, sign and other street furniture as deemed necessary by the Director of Public Works). Additional right-of-way shall be dedicated to accommodate the turn-out to the satisfaction of the City Engineer. BP, GP CE 23. The Subdivider shall plant street trees along the Viejo Camino street frontage behind the public sidewalk and within 15-feet. Trees planted closer than 10-feet shall include deep-root planter barriers as approved by the City Engineer. One street tree shall be planted for each 35 linear feet (or portion thereof) of road frontage. BP, GP CE 24. Street trees on the internal streets shall be planted at the time of lot development along the road frontages of the internal streets offered to the public. One street tree shall be planted for each 35 linear feet (or portion thereof) of road frontage. BP, GP CE 25. A new gravity sewer shall be designed and extended in Viejo Camino to serve the lots of Tract 3078, to the satisfaction of the City Engineer. An optional route along Halcon Rd can be explored for feasibility, subject to the review and approval of the city Engineer. The developer may request a reimbursement agreement for future private sewer connections for any off-site sewer extension subject to City Ordinance and City Council authorization. Notice of developer intent to request a reimbursement agreement must be made in writing prior to the start of construction. BP CE 26. Each new lot shall be served by separate laterals for water, power, communications, gas & cable TV (if available adjacent to the subject property). BP CE 27. The Final Map shall include the offer of Public Utility Easements along all street frontages (6-feet wide), to the satisfaction of the City Engineer. FM CE 19 Conditions of Approval / Mitigation Monitoring Program Halcon Residential Planned Development – The Groves Planned Development (PD-33) Master Plan of Development Timing FM: Final Map GP: Grading Permit BP: Building Permit TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. 28. The Subdivider shall dedicated sufficient public right-of-way for street purposes along the northerly side of Santa Barbara Street to accommodate the existing improved road alignment. FM CE 29. A crosswalk shall be installed across Halcon Rd at Viejo Camino. The developer shall work with the City Engineer to install any improvements necessary to provide safe pedestrian access. The developer may request reimbursement based on a fair share analysis for other properties within the project area once they develop. Any request for a reimbursement agreement must be provided in writing prior to issuance of the subdivision improvement plans for the required crosswalk and must be included by reference in the subdivision improvement agreement. FM/GP CE STANDARD CONDITIONS 30. All public improvements shall be constructed in conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings. BP, GP CE 31. In the event that the applicant is allowed to bond for the public improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City. FM CE 32. An engineer’s estimate of probable cost shall be submitted for review and approval by the City Engineer to determine the amount of the bond. FM CE 33. The Subdivision Improvement Agreement (SIA) shall record concurrently with the Final Map. If it is the intent of the developer to pursue a reimbursement agreement with the City for the installation of off-site sewer facilities, reference to said agreement and terms shall be included in the SIA. FM CE 34. The applicant shall be responsible for the relocation and/or alteration of existing utilities. BP, GP CE 35. The applicant shall install all new utilities (water, gas, electric, cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. BP, GP CE 20 Conditions of Approval / Mitigation Monitoring Program Halcon Residential Planned Development – The Groves Planned Development (PD-33) Master Plan of Development Timing FM: Final Map GP: Grading Permit BP: Building Permit TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. 36. The applicant shall monument all property corners for construction control and shall promptly replace them if disturbed. FM CE 37. The applicant shall acquire title interest in any off-site land that may be required to allow for the construction of the improvements. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress and egress is affected by these improvements. FM CE 38. Slope easements shall be provided as needed to accommodate cut of fill slopes. FM CE 39. Drainage easements shall be provided as needed to accommodate both public and private drainage facilities. FM CE 40. The final map shall be signed by the City Engineer prior to the map being placed on the agenda for City Council acceptance. FM CE 41. Prior to recording the tract map, the applicant shall submit a map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. FM CE 42. Prior to recording the tract map, the applicant shall set monuments at all new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the parcel map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 43. Prior to recording the tract map, the applicant shall pay all outstanding plan check/inspection fees. 44. Prior to recording the map, the applicant shall complete all improvements required by these conditions of approval FM CE 45. Prior to recording the tract map, the applicant shall have the map reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each FM CE 21 Conditions of Approval / Mitigation Monitoring Program Halcon Residential Planned Development – The Groves Planned Development (PD-33) Master Plan of Development Timing FM: Final Map GP: Grading Permit BP: Building Permit TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. 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. 46. Upon recording the final map, the applicant shall provide the City with a black line clear Mylar (0.4 mil) copy and a blue line print of the recorded map. FM CE 47. Prior to the final inspection of any public improvements, the applicant shall submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans. FM CE 48. Prior to the final inspection, the applicant shall submit a written certification from a registered civil engineer or land surveyor that all survey monuments have been set as shown on the final map. BP, GP CE 49. An encroachment permit shall be obtained prior to any work within City rights of way. BP, GP CE 50. Prior to the issuance of building permits the applicant shall submit a grading and drainage plan prepared by a registered civil engineer for review and approval by the City Engineer. BP, GP CE 51. The applicant shall submit a hydraulic analysis with the first plan check submittal of the water system improvements for the project. The analysis should take into account the fire flows required by the California Building Code. The applicant is responsible for designing and constructing water system improvements that will provide water at pressures and flows adequate for the domestic and fire protection needs of the project. BP, GP CE MITIGATION MONITORING PROGRAM Mitigation Measure 1.c.1: A landscape buffer shall be provided along Santa Barbara Rd. Landscape material shall consist of native and/or drought tolerant species. As mixture of low and medium plants shall be utilized to provide visual screening of the project from the adjacent neighborhood. BP PS/BS Mitigation Measure 1.c.2: Street trees shall be provided along Viejo Camino and Halcon Rd. Street trees shall be spaced at no greater than 30-feet on center, however, rural tree groupings may be BP CE/BS 22 Conditions of Approval / Mitigation Monitoring Program Halcon Residential Planned Development – The Groves Planned Development (PD-33) Master Plan of Development Timing FM: Final Map GP: Grading Permit BP: Building Permit TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. approved by the City Engineer due to topographic or sight distance concerns and/or to maintain the rural nature of the street. Mitigation Measure 1.c.3: Rear or side yard privacy fencing where adjacent to a private road shall be set back from the edge of shoulder a minimum of 10-feet. Where rear or side yard fencing is adjacent to a public road, a minimum setback from the edge of pavement/sidewalk/pedestrian path of 10-feet shall be observed. Fencing adjacent to a public roadway shall be a maximum of 6-feet high and shall include landscaping on the street side of the fence. Fencing shall be decorative in nature. Any walls proposed for rear or side yards adjacent to a public road shall be constructed of high quality materials and shall adhere to the same setback as privacy fencing. 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. BP PS/BS Mitigation Measure 3.b.1: The project shall be conditioned to comply with all applicable District regulations pertaining to the control of fugitive dust (PM-10) as contained in Section 2 “Assessing and Mitigating Construction Impacts.” 2.4 Fugitive Dust Mitigation Measures: Standard List a. Reduce the amount of the disturbed area where possible; b. Use water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non-potable) water should be used whenever possible; c. All dirt stock-pile areas should be sprayed daily as needed; d. All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as possible, and building pads should be laid as soon as possible after grading unless seeding or soil binders are used; e. All of these fugitive dust mitigation measures shall be shown on grading and building plans; and f. The contractor or builder shall designate a person or persons to monitor the fugitive dust emissions and enhance the implementation of the measures as necessary to minimize dust complaints, reduce visible emissions below 20% opacity, and to prevent transport of dust offsite. Their duties shall include holidays and weekend periods when work may not be in progress. BP PS/BS 23 Conditions of Approval / Mitigation Monitoring Program Halcon Residential Planned Development – The Groves Planned Development (PD-33) Master Plan of Development Timing FM: Final Map GP: Grading Permit BP: Building Permit TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure 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 4.a.1: A qualified biologist shall conduct a pre- construction survey within 30 days of initial site disturbance to identify whether silvery legless lizards are present. If silvery legless lizards are detected, a biological monitor shall be present during initial ground disturbing and vegetation removal activities to allow for a salvage and relocation effort for the lizard and other ground dwelling common wildlife that may be present. BP PS Mitigation Measure 4.a.2: A qualified biologist shall conduct a pre- construction survey within 30 days of initial site disturbance to identify whether American badger are present. If American badger or their dens are detected during the survey, the location of the den shall be mapped, the biologist shall monitor the den for three days if it is within 50ft of proposed blueprints. If the den is deemed inactive it shall be destroyed if the den is active the biologist will continue monitoring its status till the den becomes inactive so it can be destroyed, during that time all development activities shall respect a 50ft buffer or exclusion zone around the den. BP PS Mitigation Measure 4.a.3: Conduct a springtime rare plant survey to determine the presence/absence of any special-status plants. Should any be discovered, implement a seed and/or plant salvage program and incorporate the salvaged material into the drainage setback and detention basin landscaped areas. BP PS Mitigation Measure 4. d.1: Vegetation removal and initial site disturbance shall be conducted between September 1 and January 31 outside of the nesting season for birds. If vegetation and/or tree removal is planned for the bird nesting season, then preconstruction nesting bird survey, prepared by a qualified biologist, shall be required to determine if any active nests would be impacted by project construction. If no active nests are found, then no further mitigation shall be required. If any active nests are found that would be impacted by construction, then the nest sites shall be avoided with the establishment of a non-disturbance buffer zone around active nests as determined by a qualified biologist. Nest sites shall BP PS 24 Conditions of Approval / Mitigation Monitoring Program Halcon Residential Planned Development – The Groves Planned Development (PD-33) Master Plan of Development Timing FM: Final Map GP: Grading Permit BP: Building Permit TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. be 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 taking of an active nest would reduce potential impacts on nesting birds to a less-than-significant level. Mitigation Measure 4.e.1: Grading and excavation activities shall be consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: 1. During grading activities an arborist must be present. 2. All existing trees outside of the limits of work shall remain. 3. Earthwork shall not exceed the limits of the project area. 4. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 5. Vehicles and stockpiled material shall be stored outside the drip line of all trees. 6. All trees within twenty feet of construction work shall be fenced for protection with 4-foot chain link, snow or safety fencing placed per the approved tree protection plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing shall remain in place until completion of all construction activities. 7. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. 8. Utilities such as water, gas, power, cable, storm drainage, and sewer should be redirected from under the canopy of any trees that are to remain. 9. Where a building is placed within the canopy of a tree the foundation should be redesigned so that it bridges across any root systems. 10. Any foundation or other structure that encroaches within the drip line of trees to be saved shall be dug by hand. 11. At no time shall tree roots be ripped with construction equipment. BP PS/ BS Mitigation Measure 4.e.2: Tree protection fencing shall be installed at the locations called out in the Tree Protection Plan. An inspection of the tree fencing shall be done by City staff prior to issuance of building permits. BP PS/ BS Mitigation Measure 4.e.3: The following measure shall be incorporated on-site during the construction process of the proposed project: 1. A minimum height construction protective barrier shall be erected around the drip line of the tree plus 4’. The fence shall be supported with “T” posts at no more than 6’ o.c. and tied at least 3 places per post. This fence shall be installed by the General Contractor before any rough grading is allowed on the site. Approval for this stage must be obtained in writing from either the Arborist or BP PS/ BS 25 Conditions of Approval / Mitigation Monitoring Program Halcon Residential Planned Development – The Groves Planned Development (PD-33) Master Plan of Development Timing FM: Final Map GP: Grading Permit BP: Building Permit TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. the Counties/Cities representative. 2. Earthwork shall not exceed the limits of the project area. 3. Low branches in danger of being torn during construction process shall be pruned prior to any heavy equipment work being undertaken. 4. Once the rough grading is accomplished the fence may be moved closer to the trunk of the tree for finish grading. At no time shall the fence be placed within the Critical Root Zone (CRZ). This location is determined by the diameter of the trunk at Diameter Breast Height (DBH). (4.5’ above grade) and is 1’ per 1” diameter in the direction of the drip line. At no time shall the fence be moved closer to the trunk than the drip line, unless additional preservation measures are implemented as recommended by the project arborist. 5. Any roots that are encountered over 2” diameter, during the excavation process shall be clean cut perpendicular to the direction of root growth with a handsaw. At no time shall tree seal be applied to any cut. Any roots over 2” diameter the county/city representative shall be notified to determine the preferred course of action. 6. All trenching with CRZ area shall require hand trenching to preserve and protect roots over 2” in diameter. 7. No grading of trenching is allowed within the CRZ fenced area without written permission from the County/City representative or a certified arborist. 8. Any roots over 4” in diameter are not to be cut or ripped until inspected and approved in writing by the arborist. 9. If, for whatever reason, work must be accomplished inside the drip line 4”-6” of mulch must be applied first to decrease the possibilities of compaction upon written approval from the arborist. 10. There shall be a pre-construction meeting between the Engineering/Planning staff of the County/City, Grading equipment operators, Project Superintendent and the Arborist to review the project conditions and requirements prior to any grubbing or earth work for any portions of the project site. All tree protection fencing shall be installed for inspection prior to this meeting. 11. All trees shall be pruned before any construction takes place that are in the development areas to be saved if they might be damaged by the 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 26 Conditions of Approval / Mitigation Monitoring Program Halcon Residential Planned Development – The Groves Planned Development (PD-33) Master Plan of Development Timing FM: Final Map GP: Grading Permit BP: Building Permit TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. chipped and spread on the site or stacked in orderly piles for future use by the Owner, at the Owners request. 13. In locations where paving is to occur within the drip line grub only and do not compact unless authorized in writing. Permeable pavers or other preamble surface must be approved by the Arborist. Mitigation Measure 4.e.4: Upon project completion and prior to final occupancy a final status report shall be prepared by the project arborist certifying that the tree protection plan was implemented, the trees designated for protection were protected during construction, and the construction-related tree protection measures are no longer required for tree protection. FO PS/ Mitigation Measure 4.e.5: All utilities shall remain outside the drip lines of native trees, unless preservation measures, as specified by the project arborist, are implemented. BP PS/ BS Mitigation 5.a.b.c.1: An archaeological monitor shall be present during initial vegetation clearing, site “grubbing, and grading for all portions of the project. GP PS Mitigation 5.d.1: In the event that human remains are discovered on the property, all work on the project shall stop and the Atascadero Police Department and the County Coroner shall be contacted. The Atascadero Community Development Department shall be notified. If the human remains are identified as being Native American, the California Native American Heritage Commission (NAHC) shall be contacted at (916) 653-4082 within 24 hours. A representative from both the Chumash Tribe and the Salinan Tribe shall be notified and present during the 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 27 Conditions of Approval / Mitigation Monitoring Program Halcon Residential Planned Development – The Groves Planned Development (PD-33) Master Plan of Development Timing FM: Final Map GP: Grading Permit BP: Building Permit TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure 6.b.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: All new construction will comply with section the California Building and Fire Codes. New residences in the City are required to install fire sprinklers. Fire protection measures shall include the use of non-combustible exterior construction and roofs and fire-resistant building materials. BP FD Mitigation Measure 9.d.e.f.1: The project shall integrate Low Impact Development Best Management Practice’s into the project design which may include on-site detention and/or retention basins, pervious paving, and vegetated swales. The detention basins must meet the City’s drainage design standards with surface runoff being treated for water quality through structural control measures including: disconnected downspouts flowing to vegetated bio- swales, and pervious pavement and/or landscape areas to control storm volume. All drainage control features shall be subject to the approval of the City Engineer. GP PS/CE Mitigation Measure 9.d.e.f.2: The developer shall ensure that all contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop orders. GP PS/CE Mitigation Measure12.a.1: Private yard outdoor activity spaces for each residential parcel adjacent to Viejo Camino and Halcon Rd where outdoor noise levels exceed City standards shall be located where the building provides acoustical screening opportunities. If no such areas exist within the design of the structure on the site, private outdoor use areas shall be enclosed by a 6-foot high solid wall. BP PS/BP Mitigation Measure 12.a.2: Windows on facades adjacent to Halcon and Viejo Camino Road shall include additional sound attenuation features such as dissimilar glass or other methods aimed at reducing sound transmission beyond the standard dual pane requirements. BP PS/BP 28 Conditions of Approval / Mitigation Monitoring Program Halcon Residential Planned Development – The Groves Planned Development (PD-33) Master Plan of Development Timing FM: Final Map GP: Grading Permit BP: Building Permit TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure: 14: Prior to final map recordation, the applicant shall annex into the City’s Community Facilities District (CFD) to off - set additional costs associated with the provision of additional police, fire, and park services. FM PS/BP Mitigation Measure 16.a.b.1: In addition to the City’s Development Impact Fees, each new residential unit shall pay towards its fair share of the US 101 / Santa Barbara interchange improvements. The project may be eligible for TIF fee credits for Citywide development impact fees associated with the interchange improvements. Any TIF credit shall be approved by the City Engineer. BP PS/CE Mitigation Measure 16.d.1: Access for parcels abutting Halcon Rd shall be consolidated and shall be designed as private roads meeting City road standards. Driveways to individual parcels with existing residences may be approved by the City Engineer in locations where consolidated access cannot be utilized due to parcel locations. All access roads and driveways shall be evaluated at the time of tentative map submittal and/or improvement permits for sight distance. FM PS/CE/FD Mitigation Measure 6.f.1: In addition to an on-street bike lane, a multi-use path shall be provided along Viejo Camino and Halcon Roads consistent with the adopted City bike and trail Master Plan and the SLOCOG Salinas River Trail Plan. FM PS Mitigation Measure 17.d.1: Landscaping plans shall be submitted to the Community Development Department for review and approval. Landscaping must consist of drought tolerant species and utilize drip irrigation. Turf shall not be permitted as a part of the approved landscaping plan. BP PS Conditions of Approval / Mitigation Monitoring Program TTM 2014-0108 Vesting Tentative Tract Map (The Groves – Halcon Residential Development) APN 045-401-003 & 004 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney 29 Conditions of Approval / Mitigation Monitoring Program TTM 2014-0108 Vesting Tentative Tract Map (The Groves – Halcon Residential Development) APN 045-401-003 & 004 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Planning Department 1. This Vesting Tentative Subdivision Map (TTM) is for the creation of 17 legal lots of record described on the attached exhibits and shall apply APNs 045-401-003, 004 regardless of owner. Ongoing PS 2. The approval of this Vesting Tentative Subdivision Map shall become final and effective for the purposes of issuing building permits upon the effective date of the associated Zone Text Amendment establishing Planned Development Overlay Zone #33, unless an appeal is made with the appropriate judicial circuit. Ongoing PS 3. The Community Development Director and/or City Engineer shall have the authority to make modifications to the final map that remain in substantial conformance with the approved Tentative Map. BP / FM PS, CE 4. Approval of this Vesting Tentative Subdivision Map shall be valid for twenty-four (24) months after its effective date and shall expire Monday, Date, 2018. At the end of the period, the approval shall expire and become null and void unless the project has received a final map or a time extension has been granted, consistent with the Atascadero Municipal Code. BP / FM PS 5. Vesting Tentative Subdivision Map was deemed complete on November 20, 2015, for the purposes of vested development rights and fees consistent with the Subdivision Map Act of the State of California. On-going PS, CE 6. A final parcel map drawn in substantial conformance with the approved vesting tentative map, and in compliance with all conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City’s Subdivision Ordinance FM PS/CE 7. The subdivider shall defend, indemnify, and hold harmless the City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the City, or any of its entities, concerning the subdivision. Ongoing 8. All subsequent Tentative Map and construction permits shall be consistent with the Master Plan of Development (CUP 2014-0284) approved for the project. BP / FM PS, CE 9. The parcel map shall be subject to additional fees for park or recreation purposes (QUIMBY Act) as required by City Ordinance BP PS 10. All maintenance costs listed below shall be 100% funded by the project in perpetuity, except for public facilities that are planned for and currently maintained by the City of 30 Conditions of Approval / Mitigation Monitoring Program TTM 2014-0108 Vesting Tentative Tract Map (The Groves – Halcon Residential Development) APN 045-401-003 & 004 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Atascadero. The service and maintenance cost shall be funded through an entity or mechanism established by the developer, subject to City Staff approval. This entity or mechanism must be in place prior to, or concurrently with acceptance of any final map(s). The entity or mechanism shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any Final Map(s). The administration of the above mentioned funds, and the coordination and performance of maintenance activities, shall be the responsibility of the entity or mechanism. a) All streets, bridges, sidewalks, streetlights, street signs, roads, emergency access roads, emergency access gates, traffic control signals, pavement markings and sewer mains within the proposed project including residential streets within any residential subdivision. b) All landscaping and lighting within the proposed project area. c) Common area fencing and/or features. d) Open areas on private property within the proposed project area including detention facilities, bio-swales, and other low- impact-development features. e) Newly constructed drainage facilities on private property within the proposed project area. f) Landscaped frontages within the right-of-way of all public streets within the defined specific plan boundary. g) On-site sewer and storm drains located outside of the right-of- way. 11. Prior to final map, the applicant shall submit CC&Rs for review by the Community Development Department. The CC&R’s shall record with the Final Map and shall include the following: a) Provisions for maintenance of all common areas including parking lot, landscape areas, free standing signs, lighting and solid waste storage. b) Maintenance of on-site sewer and storm drainage systems. c) Ensuring compliance with the Master Plan of Development. d) Standards for the design, maintenance and appearance of individual lot development and maintenance. e) A provision for review by the City Community Development Department for any changes to the CC&R’s that relate to the above requirements prior to the changes being recorded or taking effect. 12. All Conditions and mitigation monitoring program for CUP 2014-0284, as amended, are hereby incorporated by On-Going PS 31 Conditions of Approval / Mitigation Monitoring Program TTM 2014-0108 Vesting Tentative Tract Map (The Groves – Halcon Residential Development) APN 045-401-003 & 004 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney reference. Public Works Project Conditions City Engineer Project Conditions 52. The internal streets shall be offered as public rights-of-way as shown on the tentative map and shall be extended to include the cul-de-sac adjacent to lots 9, 16 & 17. BP, GP CE 53. Internal streets shall not be improved with sidewalks but shall comply with City standards for Rural Local roads. The road shoulder adjacent to Lots 1-5 and Lots 13-15 shall include a 5- foot wide walkable shoulder of compacted Class II Agg Base or DG, with a cross-slope matching that of the street, but not exceeding 4%. Where curb & gutter, or, an AC dike are required to convey stormwater, the area behind the curb or dike shall be compacted base or DG as described above. Curb ramps are not required at the intersections of the internal streets. BP, GP CE 54. Viejo Camino shall be improved to City standards as shown on the Tentative Map along the project frontage. New improvements shall be consistent with City standards and the Circulation Element and shall include new curb, gutter, street intersection with cross-gutter, traffic signage and delineation, a bike lane (Class II), and transit stop. The street pavement shall be completed to integrate the existing roadway with the new frontage improvements as shown on the Tentative Map. BP, GP CE 55. Along the Viejo Camino frontage, the property owner shall dedicate an easement and construct a public pedestrian and bike trail to accommodate a 10-foot wide detached pedestrian & bike trail. The pedestrian/bike trail shall be constructed of compacted class 2 aggregate base or decomposed granite to the satisfaction of the Director of Public Works and Director of Community Development. Final alignment shall meander as necessary to conform to the existing terrain, trees and drainage requirements to the satisfaction of the Director of Public Works and Director of Community Development. BP, GP CE 56. The transit stop shown on Viejo Camino shall be not less than 90 feet long (end-to-end, including transition lanes). The transit stop shall be designed using smooth curves to allow for ease of entry/exiting of the bus as well as street sweeping equipment. The bus staging area shall be of sufficient width to allow the bus to be safely located out of the travel lane(s) while loading or unloading passengers to the satisfaction of the City Engineer. The structural pavement-section shall be sufficient to support the typical transit vehicles but shall be not less than 6” Class A concrete over 6” Class II Aggregate Base, to the satisfaction of the City Engineer. Sidewalk at the transit stop shall be in addition to the concrete pad necessary BP, GP CE 32 Conditions of Approval / Mitigation Monitoring Program TTM 2014-0108 Vesting Tentative Tract Map (The Groves – Halcon Residential Development) APN 045-401-003 & 004 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney to place the transit street furniture (bus shelter, bench, sign and other street furniture as deemed necessary by the Director of Public Works). Additional right-of-way shall be dedicated to accommodate the turn-out to the satisfaction of the City Engineer. 57. The Subdivider shall plant street trees along the Viejo Camino street frontage behind the public sidewalk and within 15-feet. Trees planted closer than 10-feet shall include deep-root planter barriers as approved by the City Engineer. One street tree shall be planted for each 35 linear feet (or portion thereof) of road frontage. BP, GP CE 58. Street trees on the internal streets shall be planted at the time of lot development along the road frontages of the internal streets offered to the public. One street tree shall be planted for each 35 linear feet (or portion thereof) of road frontage. BP, GP CE 59. A new gravity sewer shall be designed and extended in Viejo Camino to serve the lots of Tract 3078, to the satisfaction of the City Engineer. An optional route along Halcon Rd can be explored for feasibility, subject to the review and approval of the city Engineer. The developer may request a reimbursement agreement for future private sewer connections for any off -site sewer extension subject to City Ordinance and City Council authorization. Notice of developer intent to request a reimbursement agreement must be made in writing prior to the start of construction. BP CE 60. Each new lot shall be served by separate laterals for water, power, communications, gas & cable TV (if available adjacent to the subject property). BP CE 61. The Final Map shall include the offer of Public Utility Easements along all street frontages (6-feet wide), to the satisfaction of the City Engineer. FM CE 62. The Subdivider shall dedicated sufficient public right-of-way for street purposes along the northerly side of Santa Barbara Street to accommodate the existing improved road alignment. FM CE STANDARD CONDITIONS 63. All public improvements shall be constructed in conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings. BP, GP CE 33 Conditions of Approval / Mitigation Monitoring Program TTM 2014-0108 Vesting Tentative Tract Map (The Groves – Halcon Residential Development) APN 045-401-003 & 004 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney 64. In the event that the applicant is allowed to bond for the public improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City. FM CE 65. An engineer’s estimate of probable cost shall be submitted for review and approval by the City Engineer to determine the amount of the bond. FM CE 66. The Subdivision Improvement Agreement (SIA) shall record concurrently with the Final Map. If it is the intent of the developer to pursue a reimbursement agreement with the City for the installation of off-site sewer facilities, reference to said agreement and terms shall be included in the SIA. FM CE 67. The applicant shall be responsible for the relocation and/or alteration of existing utilities. BP, GP CE 68. The applicant shall install all new utilities (water, gas, electric, cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. BP, GP CE 69. The applicant shall monument all property corners for construction control and shall promptly replace them if disturbed. FM CE 70. The applicant shall acquire title interest in any off-site land that may be required to allow for the construction of the improvements. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress and egress is affected by these improvements. FM CE 71. Slope easements shall be provided as needed to accommodate cut of fill slopes. FM CE 72. Drainage easements shall be provided as needed to accommodate both public and private drainage facilities. FM CE 73. The final map shall be signed by the City Engineer prior to the map being placed on the agenda for City Council acceptance. FM CE 34 Conditions of Approval / Mitigation Monitoring Program TTM 2014-0108 Vesting Tentative Tract Map (The Groves – Halcon Residential Development) APN 045-401-003 & 004 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney 74. Prior to recording the tract map, the applicant shall submit a map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. FM CE 75. Prior to recording the tract map, the applicant shall set monuments at all new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the parcel map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 76. Prior to recording the tract map, the applicant shall pay all outstanding plan check/inspection fees. 77. Prior to recording the map, the applicant shall complete all improvements required by these conditions of approval FM CE 78. Prior to recording the tract map, the applicant shall have the map reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company indicating their review of the map. The letter shall identify any new easements that may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the map. FM CE 79. Upon recording the final map, the applicant shall provide the City with a black line clear Mylar (0.4 mil) copy and a blue line print of the recorded map. FM CE 80. Prior to the final inspection of any public improvements, the applicant shall submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans. FM CE 81. Prior to the final inspection, the applicant shall submit a written certification from a registered civil engineer or land surveyor that all survey monuments have been set as shown on the final map. BP, GP CE 82. An encroachment permit shall be obtained prior to any work within City rights of way. BP, GP CE 35 Conditions of Approval / Mitigation Monitoring Program TTM 2014-0108 Vesting Tentative Tract Map (The Groves – Halcon Residential Development) APN 045-401-003 & 004 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney 83. Prior to the issuance of building permits the applicant shall submit a grading and drainage plan prepared by a registered civil engineer for review and approval by the City Engineer. BP, GP CE 84. The applicant shall submit a hydraulic analysis with the first plan check submittal of the water system improvements for the project. The analysis should take into account the fire flows required by the California Building Code. The applicant is responsible for designing and constructing water system improvements that will provide water at pressures and flows adequate for the domestic and fire protection needs of the project. BP, GP CE MITIGATION MONITORING PROGRAM Mitigation Measure 1.c.1: A landscape buffer shall be provided along Santa Barbara Rd. Landscape material shall consist of native and/or drought tolerant species. As mixture of low and medium plants shall be utilized to provide visual screening of the project from the adjacent neighborhood. BP PS/BS Mitigation Measure 1.c.2: Street trees shall be provided along Viejo Camino and Halcon Rd. Street trees shall be spaced at no greater than 30-feet on center, however, rural tree groupings may be approved by the City Engineer due to topographic or sight distance concerns and/or to maintain the rural nature of the street. BP CE/BS Mitigation Measure 1.c.3: Rear or side yard privacy fencing where adjacent to a private road shall be set back from the edge of shoulder a minimum of 10-feet. Where rear or side yard fencing is adjacent to a public road, a minimum setback from the edge of pavement/sidewalk/pedestrian path of 10-feet shall be observed. Fencing adjacent to a public roadway shall be a maximum of 6 -feet high and shall include landscaping on the street side of the fence. Fencing shall be decorative in nature. Any walls proposed for rear or side yards adjacent to a public road shall be constructed of high quality materials and shall adhere to the same setback as privacy fencing. BP PS/BS Mitigation Measure 1.d.1: All lighting shall be designed to eliminate any off site glare. All exterior site lights shall utilize full cut-off, “hooded” lighting fixtures to prevent offsite light spillage and glare. BP PS/BS Mitigation Measure 3.b.1: The project shall be conditioned to comply with all applicable District regulations pertaining to the control of fugitive dust (PM-10) as contained in Section 2 “Assessing and Mitigating Construction Impacts.” 2.4 Fugitive Dust Mitigation Measures: Standard List BP PS/BS 36 Conditions of Approval / Mitigation Monitoring Program TTM 2014-0108 Vesting Tentative Tract Map (The Groves – Halcon Residential Development) APN 045-401-003 & 004 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney a. Reduce the amount of the disturbed area where possible; b. Use water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non-potable) water should be used whenever possible; c. All dirt stock-pile areas should be sprayed daily as needed; d. All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as possible, and building pads should be laid as soon as possible after grading unless seeding or soil binders are used; e. All of these fugitive dust mitigation measures shall be shown on grading and building plans; and f. The contractor or builder shall designate a person or persons to monitor the fugitive dust emissions and enhance the implementation of the measures as necessary to minimize dust complaints, reduce visible emissions below 20% opacity, and to prevent transport of dust offsite. Their duties shall include holidays and weekend periods when work may not be in progress. Mitigation Measure 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 4.a.1: A qualified biologist shall conduct a pre- construction survey within 30 days of initial site disturbance to identify whether silvery legless lizards are present. If silvery legless lizards are detected, a biological monitor shall be present during initial ground disturbing and vegetation removal activities to allow for a salvage and relocation effort for the lizard and other ground dwelling common wildlife that may be present. BP PS Mitigation Measure 4.a.2: A qualified biologist shall conduct a pre- construction survey within 30 days of initial site disturbance to identify whether American badger are present. If American badger or their dens are detected during the survey, the location of the den shall be mapped, the biologist shall monitor the den for three days if it is within 50ft of proposed blueprints. If the den is deemed inactive it shall be destroyed if the den is active the biologist will continue monitoring its status till the BP PS 37 Conditions of Approval / Mitigation Monitoring Program TTM 2014-0108 Vesting Tentative Tract Map (The Groves – Halcon Residential Development) APN 045-401-003 & 004 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney den becomes inactive so it can be destroyed, during that time all development activities shall respect a 50ft buffer or excl usion zone around the den. Mitigation Measure 4.a.3: Conduct a springtime rare plant survey to determine the presence/absence of any special-status plants. Should any be discovered, implement a seed and/or plant salvage program and incorporate the salvaged material into the drainage setback and detention basin landscaped areas. BP PS Mitigation Measure 4. d.1: Vegetation removal and initial site disturbance shall be conducted between September 1 and January 31 outside of the nesting season for birds. If vegetation and/or tree removal is planned for the bird nesting season, then preconstruction nesting bird survey, prepared by a qualified biologist, shall be required to determine if any active nests would be impacted by project construction. If no active nests are found, then no further mitigation shall be required. If any active nests are found that would be impacted by construction, then the nest sites shall be avoided with the establishment of a non- disturbance buffer zone around active nests as determined by a qualified biologist. Nest sites shall be avoided and protected with the non-disturbance buffer zone until the adults and young of the year are no longer reliant on the nest site for survival as determined by a qualified biologist. As such, avoiding disturbance or taking of an active nest would reduce potential impacts on nesting birds to a less -than- significant level. BP PS Mitigation Measure 4.e.1: Grading and excavation activities shall be consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: 12. During grading activities an arborist must be present. 13. All existing trees outside of the limits of work shall remain. 14. Earthwork shall not exceed the limits of the project area. 15. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 16. Vehicles and stockpiled material shall be stored outside the drip line of all trees. 17. All trees within twenty feet of construction work shall be fenced for protection with 4-foot chain link, snow or safety fencing placed per the approved tree protection plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing shall remain in place until completion of all construction activities. 18. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. 19. Utilities such as water, gas, power, cable, storm drainage, and sewer should be redirected from under the canopy of any trees that are to remain. 20. Where a building is placed within the canopy of a tree the foundation should be redesigned so that it bridges across any root systems. 21. Any foundation or other structure that encroaches within the drip line of trees to be saved shall be dug by hand. BP PS/ BS 38 Conditions of Approval / Mitigation Monitoring Program TTM 2014-0108 Vesting Tentative Tract Map (The Groves – Halcon Residential Development) APN 045-401-003 & 004 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney 22. At no time shall tree roots be ripped with construction equipment. Mitigation Measure 4.e.2: Tree protection fencing shall be installed at the locations called out in the Tree Protection Plan. An inspection of the tree fencing shall be done by City staff prior to issuance of building permits. BP PS/ BS Mitigation Measure 4.e.3: The following measure shall be incorporated on-site during the construction process of the proposed project: 14. A minimum height construction protective barrier shall be erected around the drip line of the tree plus 4’. The fence shall be supported with “T” posts at no more than 6’ o.c. and tied at least 3 places per post. This fence shall be installed by the General Contractor before any rough grading is allowed on the 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 Diameter Breast Height (DBH). (4.5’ above grade) and is 1’ per 1” diameter in the direction of the drip line. At no time shall the fence be moved closer to the trunk than the drip line, unless additional preservation measures are implemented as recommended by the project arborist. 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 BP PS/ BS 39 Conditions of Approval / Mitigation Monitoring Program TTM 2014-0108 Vesting Tentative Tract Map (The Groves – Halcon Residential Development) APN 045-401-003 & 004 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney written approval from the arborist. 23. There shall be a pre-construction meeting between the Engineering/Planning staff of the County/City, Grading equipment operators, Project Superintendent and the Arborist to review the project conditions and requirements prior to any grubbing or earth work for any portions of the project site. All tree protection fencing shall be installed for inspection prior to this meeting. 24. All trees shall be pruned before any construction takes place that are in the development areas to be saved if they might be damaged by the construction equipment. This must be accomplished by a bonded, licensed, and certified Tree Service Contractor. 25. All debris shall be cleared from the area or chipped and spread on the site or stacked in orderly piles for future use by the Owner, at the Owners request. 26. In locations where paving is to occur within the drip line grub only and do not compact unless authorized in writing. Permeable pavers or other preamble surface must be approved by the Arborist. Mitigation Measure 4.e.4: Upon project completion and prior to final occupancy a final status report shall be prepared by the project arborist certifying that the tree protection plan was implemented, the trees designated for protection were protected during construction, and the construction-related tree protection measures are no longer required for tree protection. FO PS/ Mitigation Measure 4.e.5: All utilities shall remain outside the drip lines of native trees, unless preservation measures, as specified by the project arborist, are implemented. BP PS/ BS Mitigation 5.a.b.c.1: An archaeological monitor shall be present during initial vegetation clearing, site “grubbing, and grading for all portions of the project. GP PS Mitigation 5.d.1: In the event that human remains are discovered on the property, all work on the project shall stop and the Atascadero Police Department and the County Coroner shall be contacted. The Atascadero Community Development Department shall be notified. If the human remains are identified as being Native American, the California Native American Heritage Commission (NAHC) shall be contacted at (916) 653-4082 within 24 hours. A representative from both the Chumash Tribe and the Salinan Tribe shall be notified and present during the 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 GP PS/CE 40 Conditions of Approval / Mitigation Monitoring Program TTM 2014-0108 Vesting Tentative Tract Map (The Groves – Halcon Residential Development) APN 045-401-003 & 004 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney geotechnical report. Plans shall be approved by the City Engineer prior to issuance. Mitigation Measure 6.b.2: All cut and fill slopes mitigated with an appropriate erosion control method (erosion control blanket, hydro- mulch, or straw mulch appropriately anchored) immediately after completion of earthwork, as approved by the City Engineer. All disturbed slopes shall have appropriate erosion control methods in place. 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: All new construction will comply with section the California Building and Fire Codes. New residences in the City are required to install fire sprinklers. Fire protection measures shall include the use of non-combustible exterior construction and roofs and fire- resistant building materials. BP FD Mitigation Measure 9.d.e.f.1: The project shall integrate Low Impact Development Best Management Practice’s into the project design which may include on-site detention and/or retention basins, pervious paving, and vegetated swales. The detention basins must meet the City’s drainage design standards with surface runoff being treated for water quality through structural control measures including: disconnected downspouts flowing to vegetated bio-swales, and pervious pavement and/or landscape areas to control storm volume. All drainage control features shall be subject to the approval of the City Engineer. GP PS/CE Mitigation Measure 9.d.e.f.2: The developer shall ensure that all contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop orders. GP PS/CE Mitigation Measure12.a.1: Private yard outdoor activity spaces for each residential parcel adjacent to Viejo Camino and Halcon Rd where outdoor noise levels exceed City standards shall be located where the building provides acoustical screening opportunities. If no such areas BP PS/BP 41 Conditions of Approval / Mitigation Monitoring Program TTM 2014-0108 Vesting Tentative Tract Map (The Groves – Halcon Residential Development) APN 045-401-003 & 004 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney exist within the design of the structure on the site, private outdoor use areas shall be enclosed by a 6-foot high solid wall. Mitigation Measure 12.a.2: Windows on facades adjacent to Halcon and Viejo Camino Road shall include additional sound attenuation features such as dissimilar glass or other methods aimed at reducing sound transmission beyond the standard dual pane requirements. BP PS/BP Mitigation Measure: 14: Prior to final map recordation, the applicant shall annex into the City’s Community Facilities District (CFD) to off-set additional costs associated with the provision of additional police, fire, and park services. FM PS/BP Mitigation Measure 16.a.b.1: In addition to the City’s Development Impact Fees, each new residential unit shall pay towards its fair share of the US 101 / Santa Barbara interchange improvements. The project may be eligible for TIF fee credits for Citywide development impact fees associated with the interchange improvements. Any TIF credit shall be approved by the City Engineer. BP PS/CE Mitigation Measure 16.d.1: Access for parcels abutting Halcon Rd shall be consolidated and shall be designed as private roads meeting City road standards. Driveways to individual parcels with existing residences may be approved by the City Engineer in locations where consolidated access cannot be utilized due to parcel locations. All access roads and driveways shall be evaluated at the time of tentative map submittal and/or improvement permits for sight distance. FM PS/CE/FD Mitigation Measure 6.f.1: In addition to an on-street bike lane, a multi- use path shall be provided along Viejo Camino and Halcon Roads consistent with the adopted City bike and trail Master Plan and the SLOCOG Salinas River Trail Plan. FM PS Mitigation Measure 17.d.1: Landscaping plans shall be submitted to the Community Development Department for review and approval. Landscaping must consist of drought tolerant species and utilize drip irrigation. Turf shall not be permitted as a part of the approved landscaping plan. BP PS 42 ATTACHMENT 5: Draft Resolution PC 2018-A DRAFT RESOLUTION PC 2018-A A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING A ONE- YEAR TIME EXTENSION OF AN APPROVED VESTING TENTATIVE TRACT MAP AND CONDITIONAL USE PERMIT ON APN 045-401-003, 004 (PLN 2014-1529) CERRO ROBLE 11955 VIEJO CAMINO (MIDLAND PACIFIC) WHEREAS, the applicant, Midland Pacific Homes, (Owner/Applicant) 7305 Morro Road, Ste. 207, Atascadero, CA 93422, proposes a subdivision of 8.8 acres into 17 parcels in accordance with the PD 33 zoning standards and approved project entitlements; and WHEREAS, the City Council approved a Vesting Tentative Tract Map (TR 3078) and a Conditional Use Permit on April 7, 2016; and WHEREAS, the applicant has submitted for a one-year time extension to for Vesting Tentative Tract Map and associated entitlements, consistent with Atascadero Municipal Code section 9-2.117(a); and, NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1: Findings for approval of the time extension: The Planning Commission makes the following findings: 1. There have been no changes to the provisions of the General Plan or zoning regulations applicable to the project since the approval of the entitlement; 2. There have been no changes in the character of the site or its surroundings which affect how the standards of the General Plan or zoning regulations apply to the project. SECTION 2: Approval: The Planning Commission does hereby approve a one-year Time Extension of PLN 2014-1529 and TR 3078, to expire on April 7, 2019. 43 On motion by Commissioner _______________________, and seconded by Commissioner ______________________ , the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA ______________________________ Jerel Seay Planning Commission Chairperson ATTEST: ___________________________________ Phil Dunsmore Planning Commission Secretary 44 ITEM 3 | 3/6/2018 Morro Rd Mixed Use PLN 2017-1654 / Roboz ADDITIONAL INFORMATION MAY BE OBTAINED BY CONTACTING THE ATASCADERO COMMUNITY DEVELOPMENT DEPARTMENT AT http://www.atascadero.org 6500 PALMA AVENUE | ATASCADERO, CA 93422 | (805) 461-5000 Atascadero Planning Commission Staff Report – Community Development Department Morro Rd Mixed-Use, 8120 Morro Rd (PLN 2017-1654) RECOMMENDATION: Design Review Committee recommends: Planning Commission adopt PC Resolution 2018-A, approving a Conditional Use Permit to allow a mixed-use retail and residential development at 8120 Morro Rd, based on findings and subject to Conditions of Approval. Summary: The proposed project includes construction of a new two-story mixed use building with a commercial retail space on the ground floor and three (3) apartments above. The commercial portion of the building totals 3,866 sf and the residential portion totals 2,993 sf. Associated site improvements include parking, landscaping, a monument sign, and trash enclosure. PROJECT ADDRESS: 8120 Morro Rd Atascadero, CA APN 031-231-028 PROJECT PLANNER Kelly Gleason, Senior Planner 470-3446 kgleason@atascadero.org APPLICANT’S REPRESENTATIVE Jason Akraa PROPERTY OWNER Farid and Manirva Roboz GENERAL PLAN DESIGNATION: ZONING DISTRICT: SITE AREA EXISTING USE PROPOSED USE General Commercial Commercial Professional / PD3 0.429 acres Vacant Mixed-Use Retail and Residential ENVIRONMENTAL DETERMINATION ☒ Categorical Exemption CEQA – Class 32: Infill Development Project (Section 15332) 45 ITEM 3 | 3/6/2018 Morro Rd Mixed Use / 8120 Morro Rd. PLN 2017-1654 / Roboz Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero DISCUSSION: Existing Surrounding Uses / Parcel Configurations: Existing Zoning Existing Aerial / Surrounding North: South: East: West: Commercial Commercial – Developed as Multi- Family (existing non- conforming) Commercial Multi-Family – Medium Density Background: In 2006 a Conditional Use Permit was approved for a 5400 sf retail center which included a 3,000 sf liquor store. The project was not constructed and the application expired. The application currently includes a 3,866 sf commercial tenant space with 3 residential units above (two 1-bedroom units and one 2-bedroom unit). The applicant is considering a convenience/liquor store use for the commercial space which is considered “general retail” in the City’s zoning ordinance and is an allowed use in the Commercial Professional zone. The project requires the approval of a Conditional Use Permit based on the mixed-use proposal. Analysis: A Conditional Use Permit is required for mixed-use developments (residential above commercial) in the commercial zones. Planning Commission review is required to ensure compatibility and appropriateness of the proposed use. Design review of elevations and site plan elements is required for all commercial projects. The site is bordered to the North by commercial use, to the South by a multi-family development within the commercial zone, and to the west by residential multi -family zoned properties that are currently developed with single-family houses. 46 ITEM 3 | 3/6/2018 Morro Rd Mixed Use / 8120 Morro Rd. PLN 2017-1654 / Roboz Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Site Design The project includes a two-story building along the west half of the site with parking proposed along the east and wrapping to the rear of the site. The lower floor retail use includes access from Morro Rd and the parking lot. The trash enclosure has been relocated to the interior of the parking area adjacent to the building per the request of the DRC and residential neighbors. Access to the residential units is via an open stairway at the rear of the building. A pedestrian connection is included from the sidewalk along Morro Rd to the front entrance of the building facing Morro Rd. The path does not provide a direct path from the sidewalk as the elevation of the building is raised above the sidewalk in order to meet drainage requirements and would be too steep to meet ADA standards. The path is designed as an ADA accessible ramp that stages at the building entrance and runs parallel to the sidewalk connecting to the sidewalk adjacent to the project driveway. During the DRC meeting, the neighbors expresse d concerns about locating the trash enclosure along the property line as they felt this posed a safety and privacy concern to their homes. It was felt that the area could become attractive to homeless individuals. The applicant relocated the trash enclosure toward the interior of the site adjacent to the parking area at the rear corner of the building. Parking The project includes 20 parking spaces for both the residential and commercial uses. Parking spaces are located to the side and rear of the site. Parking is required as follows: Use # spaces Required Total # required spaces # spaces provided General Merchandise 7.5 14 20 Residential Units 6 Although excess parking is proposed beyond the minimum code standards, the retail store use may generate higher parking lot turnover and experience peak hours which may benefit from the additional on-site parking. In addition, the City adopted a corridor plan for Morro Rd which eliminates some on-street parking where bio-retention and bio- filtration swales and basins are required to meet storm water requirements as development and road improvements occur. Landscaping The applicant has proposed new landscaping throughout the project site within parking lot fingers and at the property boundaries. Some of this landscaping is required to meet post construction storm water requirements and is designed as bio-retention swales. 47 ITEM 3 | 3/6/2018 Morro Rd Mixed Use / 8120 Morro Rd. PLN 2017-1654 / Roboz Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero The applicant has included shade trees in the parking lot, street trees along Morro Rd, and landscape between the parking stalls and building. Based on neighborhood testimony, the DRC recommended that a solid wall with wood paneling be constructed along the rear property line to provide an adequate barrier while retaining the residential nature from the adjacent properties. The applicant has provided a 6-foot and 8-foot wall design option for consideration. The DRC recommended that a 6-foot wall be installed for compatibility with adjacent fencing. The 6-foot option is included in the resolution of approval. Additionally, fast growing landscaping designed for screening was recommended along the rear property line. Staff has included a condition to this effect. Staff will work with the applicant on appropriate screening species and spacing once the existing vegetation is trimmed up. Proposed Landscape & Site Plan 48 ITEM 3 | 3/6/2018 Morro Rd Mixed Use / 8120 Morro Rd. PLN 2017-1654 / Roboz Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Elevations / Architectural Design The proposed architecture follows a Mediterranean theme with lower floor colonnade, wood columns, balcony railing on the second floor, and tile roof. The second floor balcony wraps the entire building creating enhanced shadow and depth and providing visual interest from all sides of the building. The lower floor commercial space includes an entrance facing both the parking lot and Morro Rd. While the layout of the interior of the store includes use of the perimeter walls for shelving, the applicant has made efforts to increase glazing along the Morro Rd and parking lot facades. Proposed glazing is raised off the ground and not designed as full height storefront windows due to the interior layout. The second floor includes numerous doors and windows along all 4 facades. This design enhances the visual character of the building and no recommendations are included for this portion of the building. Proposed Design Theme Proposed Fencing Concept 49 ITEM 3 | 3/6/2018 Morro Rd Mixed Use / 8120 Morro Rd. PLN 2017-1654 / Roboz Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Signage A monument sign is proposed along the Morro Rd frontage. The sign is proposed to be constructed of a wood base and posts surrounding stained wood panels to match the building. Each sign face is proposed to be 20 sf. The sign is 6 -feet in height meeting the municipal code requirements. ENVIRONMENTAL DETERMINATION: Class 32 of the California Environmental Quality Act (CEQA) (Section 15332, In -fill Development Projects), exempts projects characterized as in-fill development. The project is consistent with the City’s General Plan and would not result in any significant effects relating to noise, traffic, air quality, or water quality. The project site is less than five acres, surrounded by urban uses, can be adequately served by all required utilities and public services, and is not habitat for endangered sp ecies. FINDINGS: To approve a Conditional Use Permit, the Planning Commission must make the following findings. These findings and the facts to support these findings are included in the attached resolution. Conditional Use Permit (AMC Section 9-2.110(b).(3).(iv) 1. The proposed project or use is consistent with the General Plan ; and, 2. The proposed project or use satisfies all applicable provisions of the Zoning 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, 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 proposed project is in compliance with any pertinent City policy or criteria adopted by ordinance or resolution of the City Council. 50 ITEM 3 | 3/6/2018 Morro Rd Mixed Use / 8120 Morro Rd. PLN 2017-1654 / Roboz Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero RECOMMENDATION: DRC and City Staff recommend the Planning Commission adopt Resolution PC 2018-A approving a Conditional Use Permit to allow a mixed-use development as proposed. ALTERNATIVES: 1. The Planning Commission may include 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 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. ATTACHMENTS: 1. Site Aerial 2. Site Photographs 3. Draft Resolution PC 2018-A 51 ITEM 3 | 3/6/2018 Morro Rd Mixed Use / 8120 Morro Rd. PLN 2017-1654 / Roboz Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENT 1: Site Aerial PLN 2017-1654 Subject site: 8120 Morro Rd 52 ITEM 3 | 3/6/2018 Morro Rd Mixed Use / 8120 Morro Rd. PLN 2017-1654 / Roboz Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENT 2: Site Photographs PLN 2017-1654 53 ITEM 3 | 3/6/2018 Morro Rd Mixed Use / 8120 Morro Rd. PLN 2017-1654 / Roboz Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENT 3: Draft Resolution PC 2018-A PLN 2017-1654 DRAFT RESOLUTION PC 2018-A CONDITIONAL USE PERMIT RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING A MIXED USE RETAIL AND RESIDENTIAL DEVELOPMENT 8120 MORRO RD (APN 031-231-028) ROBOZ (PLN 2017-1654) WHEREAS, an application has been received from Farid and Manirva Roboz, 671 Atascadero Rd, Morro Bay, CA 93442 (Owner and Applicant), to consider Planning Application PLN 2017-1654, for a project consisting of a Conditional Use Permit for a mixed-use development on a 0.429 acre site located at 8120 Morro Rd, Atascadero, CA 93422; and, WHEREAS, the site’s current General Plan Land Use Designation is General Commercial (GC); and, WHEREAS, the site’s current Zoning District is Commercial Professional / Planned Development Overlay #3 (CP/PD3); and, WHEREAS, mixed-use developments require the approval of a Conditional Use Permit in the CP zoning district; and, WHEREAS, the Design Review Committee reviewed the proposed project on November 29, 2017 and provided recommendations to the Planning Commission regarding the site plan and architectural appearance of the project; and, WHEREAS, the proposed project qualifies for an Categorical Exemption consistent with CEQA Guidelines Section 15332: Infill Development; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Conditional Use Permit was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said application; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on March 6, 2018, studied and considered PLN 2017-1654; and, 54 ITEM 3 | 3/6/2018 Morro Rd Mixed Use / 8120 Morro Rd. PLN 2017-1654 / Roboz Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 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 Conditional Use Permit: SECTION 1. Findings of Environmental Exemption. The Planning Commission finds as follows: 1. The proposed project is Categorically Exempt (Class 32) from the provisions of the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., “CEQA”) and CEQA Guidelines (Title 14 California Code of Regulations §§ 15000, et seq.) and pursuant to CEQA Guidelines Section 15332, for infill development. A notice of determination is included as Exhibit A. SECTION 2. Findings for approval of Conditional Use Permit. The Planning Commission finds as follows: 1. The proposed project or use is consistent with the General Plan; and, Fact. The project is consistent with the Land Use, Open Space and Circulation (LOC) Policies and Programs 1.1 for guiding new development into the urban core; 1.1.7 for infill development; 1.4.1 for screening exterior lights; 2.1.3 and 7.2.3 for providing street trees; 7.2.4 for providing shade trees; 8.5.3 for providing on-site stormwater management; 13.1 for convenient location of goods and services; and 15.1 for directing growth to an area with existing City services. The project is consistent with Circulation Element (CIR) Policies and Programs 1.3.3 for locating on an arterial with minimal driveways; 1.4 for requiring a tree lined street; 1.5.1 for requiring adequate off-street parking; 1.5.3 for landscaping, lighting, screening and shade trees in the parking lot; and 2.3.1 for providing adequate sidewalks. 2. The proposed project or use satisfies all applicable provisions of the Zoning Ordinance; and, Fact. The proposed mixed-use project can be permitted though the Conditional Use Permit process as identified in the Municipal Code and General Plan. The proposed structure and site plan are consistent with the applicable provisions of the Atascadero Municipal Code with the approval of the subject entitlement. 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, Fact. The proposed mixed-use development will be constructed on a currently vacant lot surrounded by commercial and residential uses. The establishment of the use on a commercial infill site will not be detrimental to the public health, safety, or welfare. Conditions of Approval have been added to ensure that no sight distance issues occur due to the location of the monument signs. 55 ITEM 3 | 3/6/2018 Morro Rd Mixed Use / 8120 Morro Rd. PLN 2017-1654 / Roboz Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 4. The proposed project or use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development; and, Fact. The proposed development is consistent with surrounding commercial uses along Morro Rd and adjacent to residential uses to the north of the site. 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, Fact. The proposed mixed-use development is an anticipated use along Morro Rd. Morro Rd is a State Highway, designed to accommodate the traffic that will result from the proposed project. 6. The proposed project is in compliance with any pertinent City policy or criteria adopted by ordinance or resolution of the City Council. Fact. The Design Review Committee has reviewed the proposed project and found the site plan and elevations to be consistent with the criteria in the City’s Design Review Manual. SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on March 6, 2018 resolved to approve the Conditional Use Permit subject to the following: EXHIBIT A: Notice of Exemption EXHIBIT B: Conditions of Approval EXHIBIT C: Site Plan / Landscape Plan EXHIBIT D: Elevations EXHIBIT E: Fence Design Concept 56 ITEM 3 | 3/6/2018 Morro Rd Mixed Use / 8120 Morro Rd. PLN 2017-1654 / Roboz Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero On motion by Commissioner _____________, and seconded by Commissioner ______________, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA ______________________________ Jerel Seay Planning Commission Chairperson Attest: ______________________________ Phil Dunsmore Planning Commission Secretary 57 ITEM 3 | 3/6/2018 Morro Rd Mixed Use / 8120 Morro Rd. PLN 2017-1654 / Roboz Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Proposed Project Site EXHIBIT A: Notice of Exemption PLN 2017-1654 CITY OF ATASCADERO NOTICE OF EXEMPTION 6500 Palma Avenue Atascadero, CA 93422 805.461.5000 TO: File Date Adopted: Feb. 23, 2018 FROM: Kelly Gleason, Senior Planner City of Atascadero Community Development Department 6500 Palma Avenue Atascadero, CA 93422 SUBJECT: Filing of Notice of Determination in Compliance with Section 21152.1 of the Public Resources Code. Project Title: PLN 2017-1654 – Mixed Use Development Project Applicant: Farid and Manirva Roboz, 671 Atascadero Rd, Morro Bay, Ca 93442 Project Owner: Farid and Manirva Roboz, 671 Atascadero Rd, Morro Bay, Ca 93442 Project Location: 8120 Morro Rd, Atascadero, CA 93422 (San Luis Obispo County, 031-231-028) Project Area Subject site: 8120 Morro Rd 58 ITEM 3 | 3/6/2018 Morro Rd Mixed Use / 8120 Morro Rd. PLN 2017-1654 / Roboz Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Project Description: The proposed project includes construction of a new two-story mixed use building with a commercial retail space on the ground floor and three (3) apartments above. The commercial portion of the building totals 3,866 sf and the residential portion totals 2,993 sf. Associated site improvements include parking, landscaping, a monument sign, and trash enclosure. The site is currently vacant and is bordered by commercial and mufti-family residential zoning. No native trees are proposed for removal. Name of Public Agency Approving Project: City of Atascadero Name of Person or Agency Carrying Out Project: Farid and Manirva Roboz Exempt Status: Ministerial (Sec. 15073) Emergency Project (Sec. 1507 (b) and (c)) Declared Emergency (Sec. 15061 (a)) General Rule Exemption (Sec. 15061.c) Categorically Exempt (Sec. 15301-15333): 15332 Reasons why project is exempt: The Class 32 Exemption of the California Environmental Quality Act (CEQA) (Section 15332, In-Fill Development projects) consists of projects characterized as in -fill development meeting the following conditions: a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. Mixed Use residential and commercial projects require a conditional use permit. This project is consistent with its General Plan designation (General Commercial), all applicable general plan policies, its zoning designation (Commercial Professional) and regulations with the approval of a Conditional Use Permit. The project is consistent with the Land Use, Open Space and Circulation (LOC) Policies and Programs 1.1 for guiding new development into the urban core; 1.1.7 for infill development; 1.4.1 for screening exterior lights; 2.1.3 and 7.2.3 for providing street trees; 7.2.4 for providing shade trees; 8.5.3 for providing on-site stormwater management; 13.1 for convenient location of goods and services; and 15.1 for directing growth to an area with existing City services. The project is consistent with Circulation Element (CIR) Policies and Programs 1.3.3 for locating on an arterial with minimal driveways; 1.4 for requiring a tree lined street; 1.5.1 for requiring adequate off - street parking; 1.5.3 for landscaping, lighting, screening and shade trees in the parking lot; and 2.3.1 for providing adequate sidewalks. b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. The proposed project is within the City limits of the City of Atascadero on a site 0.429 acres in size. The property is surrounded by commercial as well as single & multi-family residential uses. The site is currently vacant. c) The project site has no value as habitat for endangered, rare or threatened species. 59 ITEM 3 | 3/6/2018 Morro Rd Mixed Use / 8120 Morro Rd. PLN 2017-1654 / Roboz Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero The project site is a vacant site bordered by developed areas. The site is located off of Highway 41. No sensitive species exist on site. d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. The project site is located off of State Highway 41 which is designed to accommodate commercial build - out of Morro Rd as anticipated in the General Plan. As the project is located adjacent to a heavily traveled road, residential uses will be required to incorporate fenestration design which mitigated exposure to excessive noise. The project is located on a less than half acre lot and is proposed for 3 residential units and 3,500 square feet of commercial space. Air quality impacts are less than significant. No impact to water quality will occur. Per City and State standards, all projects are required to implement stormwater detention, retention, and filtration as necessary. e) The site can be adequately served by all required utilities and public services. The project site is located in an area with full city and utility services. All service providers have adequate capacity to serve the site at completion of the project. All of the above considerations have been evaluated. The project will not impact an environmental resource no create a cumulative impact. Development in this area was anticipated in the General Plan build-out scenario and no significant cumulative impact will result as part of this project. The project will not create an unusual circumstance that would result in an environmental impact nor ids it located along a designated scenic highway. The site is currently vacant and has not been previously developed. No historic resources exist on the site or adjacent to the site. Contact Person: Kelly Gleason, Senior Planner, kgleason@atascadero.org, (805) 470-3446 Date: February 23, 2018 ________________________________ Kelly Gleason, Senior Planner 60 ITEM 3 | 3/6/2018 Morro Rd Mixed Use / 8120 Morro Rd. PLN 2017-1654 / Roboz Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero EXHIBIT B: Conditions of Approval PLN 2017-1654 Conditions of Approval Conditional Use Permit Mixed-Use Development 8120 Morro Rd Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney 1. This entitlement shall be for a mixed-use development as described in attached Exhibits, located at 8120 Morro Rd (APN 031-231-028), regardless of owner. Ongoing PS 2. The approval of this use permit shall become final and effective for the purposes of issuing building permits fourteen (14) days following the Planning Commission approval unless prior to the time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. Ongoing 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 Conditional Use Permit. Ongoing PS, CE 4. Approval of this Conditional Use Permit shall be valid for twenty-four (24) months after its effective date. At the end of this time period, the approval shall expire and become null and void unless the project has received a building permit or a time extension. BP PS 5. The owner and applicant shall defend, indemnify, and hold harmless the City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the City, or any of its entities, concerning this conditional use permit. Ongoing CA Planning Services 6. A bicycle rack shall be provided near the entrance to each of the buildings on the subject site. BP PS 7. The landscaping shall include fast growing screen trees along the rear property line adjacent to the Residential Multi-Family zoned parcels. Larger evergreen shrubs may be approved in areas where conflicts with existing landscaping exist. BP PS 8. New lighting shall conform to the standards of Atascadero Municipal Code 9- 4.137 for exterior lighting. All pole lighting shall be shielded from neighboring properties and buildings. BP PS 9. The trash enclosure shall be architecturally compatible with the building. BP PS 10. The residential units shall incorporate construction techniques and material specs that meet the City’s General Plan limits for interior sound levels. Public Works 11. All improvements in State Hwy 41 (Morro Rd) must be constructed in accordance with Caltrans Standards and Specifications. BP PW 61 ITEM 3 | 3/6/2018 Morro Rd Mixed Use / 8120 Morro Rd. PLN 2017-1654 / Roboz Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero EXHIBIT C: Site Plan / Landscape Plan PLN 2017-1654 62 ITEM 3 | 3/6/2018 Morro Rd Mixed Use / 8120 Morro Rd. PLN 2017-1654 / Roboz Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero EXHIBIT D: Elevations PLN 2017-1654 63 ITEM 3 | 3/6/2018 Morro Rd Mixed Use / 8120 Morro Rd. PLN 2017-1654 / Roboz Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero EXHIBIT E: Fence Design Concept PLN 2017-1654 Proposed Wall/Fence Detail Location: At North property line between the project and Residential Multi-Family zoned property Materials: Concrete wall with wood applied to elevation facing residential uses. 64 ITEM 4 | 3/6/2018 La Plaza Downtown Development PLN 2017-1649 / Z3 LLC http://www.atascadero.org 6500 PALMA AVENUE | ATASCADERO, CA 93422 | (805) 461-5000 | FAX (805) 461-7612 Atascadero Planning Commission Staff Report – Community Development Department La Plaza Project Amendments (PLN 2017-1649) RECOMMENDATION(S): Staff Recommends the Planning Commission adopt: 1. Draft PC Resolution 2018-A, recommending the City Council approve the La Plaza development project, and; 2. Draft PC Resolution 2018-B, recommending the City Council approve the Tentative Parcel Map, Road Abandonment and road closure. DISCUSSION: Background: On November 21, 2017, the Planning Commission reviewed and approved the La Plaza Mixed-Use project and recommended approval of the related road abandonment, road closure and plaza project to the City Council (Attachment 3: PC Staff report). The project included the following:  Building A: One three-story building with approximately 14,000 square feet of commercial space on the first floor and 40 air space residential condominium units on the 2nd and 3rd floors  Building B: One three story building with 3,749 square feet (sf) of commercial uses on the first floor and 9,070 sf of office space on 2nd and 3rd floors  Tentative Parcel map to allow separate ownership of commercial and residential spaces and adjustments to the right of way to include abandonment and closure  Public improvements that include a pedestrian plaza and a driveway access on Atascadero Mall The applicant wishes to amend the project to allow residential units instead of office on the upper floors of Building B. Building B is the building proposed directly across from Sunken Gardens Park, while Building A is to the north. The residential unit count would increase by two-units, and the entire project would include 42 units. Building B would contain two 3-bedroom units on the second floor and two 2-bedroom units on the third floor. Other changes include the addition of a rooftop deck on Building A. The rear deck facing Highway 101 is proposed to be converted to mechanical area for A/C units, and a 65 ITEM 4 | 3/6/2018 La Plaza Downtown Development PLN 2017-1649 / Z3 LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero new balcony is proposed on Building A facing El Camino Real (Attachment 1). These changes would not result in any noticeable modifications to the exterior of the building. As originally proposed, the project includes 84 new parking spaces between the building and Hwy 101, and proposed right-of-way abandonment of portions of El Camino Real, Atascadero Avenue, and partial vehicular closure of Atascadero Avenue (Atascadero Mall) to allow for construction of a plaza . The project included a height exception to allow buildings to be 45 feet in height where 18 feet is allowed, with an additional 20- feet for unoccupied architectural features such as tower features. These features do not change with this amendment. Although the Planning Commission resolutions that were passed at the November hearing were with the intent of providing a final action on the project (with the exception of the road abandonment), the curre nt project amendment would be a recommendation to the City Council for the entire project. The City Council will take final action on all components of the project. This is because the requested road abandonment is linked to both the tentative parcel map and development portions of the project. Land Use Change The applicant does not feel confident that the proposed upstairs office space use will be readily occupied. Staff has found that most office spaces that are less than 2,000 square feet have higher vacancy rates. However, larger office spaces within prominent locations are readily occupied. In essence, many business that formerly relied on small offices, now work remotely or from home. The proposed office space in the La Plaza project would have been a total of 9,700 square feet and the office space would be upstairs overlooking Sunken Gardens Park and City Hall, presumably a very desirable location. Residential uses above the ground floor are an allowed use within the Downtown Zoning District and “mixed-use” in the downtown is encouraged by the General Plan. However, some concerns do exist when placing residential above what is assumed to be the City’s prime restaurant and retail environment: 1. Residential uses can be a barrier to nearby restaurants, particularly restaurants that wish to remain open late and serve alcohol. Alcohol Beverage Control (ABC) has historically severely restricted the licenses of businesses that are within 100 feet of a residence, potentially reducing the viability of restaurants and bars. 2. Residential tenants above an active business may be a barrier to land uses such as restaurants, night clubs and other entertainment uses because of the noise conflicts and potential for complaints. 3. The proposed residential units that will be directly above the restaurant/retail space will be 3-bedroom units. 3-bedroom units are typically marketed to families. Such an environment may not be compatible with family living. 4. Larger units may have some tendency to increase parking demand that would overlap the parking demand of restaurants while offices would likely have an offset demand. 66 ITEM 4 | 3/6/2018 La Plaza Downtown Development PLN 2017-1649 / Z3 LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero In summary, Mixed-use is a desired use in the downtown and can add to a vibrant “24 - hour presence”. The previous office use would have generated the need for approximately 30 parking spaces while the 2 additional residential units will not result in more than 6 parking spaces. Therefore, overall parking demand will be reduced. The 2 additional units will maximize the density allowance on the site in considerati on of the 15% density bonus that was endorsed by the Planning Commission at the previous hearing. Modifying the project from office to residential is not likely to alter the exterior appearance of the building and is not inconsistent with the General Plan; however, specific project conditions need to be incorporated to ensure that the residential land use will not result in detrimental impacts to the desired economic development of the downtown. Suggested conditions includes: 1. A disclosure shall be required for all residential tenants to inform them that the property is within a commercial zoning district and will be exposed to noise levels that will exceed levels found within a residential neighborhood. 2. Occupancy of commercial spaces are prioritized over the residential uses and residential occupancy shall not preclude the operation, permitting, hours of operation or land use allowed within the first floor commercial spaces. Height Exception, View Corridor The Planning Commission previously took action on the height exception that would allow the buildings to exceed the 18 -foot height limit. The height limit was intended to preserve the viewshed of City Hall from Highway 101 between Atascadero Creek and Traffic Way. In the previous staff report, a lot of attention was given to the discussion of the height exception, and the Commission adopted findings to allow the exception. However, what was not clearly discussed is the location of Building B, within the Atascadero Mall right of way, and ho w it will narrow the field of vision from Highway 101. The location of Building B will be directly across from Sunken Gardens Park and will alter the historical symmetry of Atascadero Mall as illustrated in the graphic below: Existing right of way Proposed right of way 67 ITEM 4 | 3/6/2018 La Plaza Downtown Development PLN 2017-1649 / Z3 LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero In exchange for economic development, and towards the implementation of the Downtown Revitalization plan, the addition of the new building within Atascadero Mall may be appropriate since it will complete the pedestrian plaza, be visually attractive, and help align pedestrian traffic coming through the Highway 101 undercrossing to a safe crossing at El Camino Real. However, the design of the building within this critical location should be carefully considered, as it will be within this prominent view corridor. Previous design iterations for this location proposed a two-story building in the road abandonment area with an upstairs patio facing the park. The current designs proposes a larger three story building with two first floor spaces that would be conduc ive to restaurants with patio dining., . Photo-simulation of building design “B” within the Atascadero Mall right of way \ Building Design Changes The applicant is proposing to make refinements to the exterior elevations and roof area that include the following:  Addition of proposed roof deck/patio on Building A (larger building to the north)  Expansion of front side balcony towards EL Camino Real on Building A  Conversion of rear balcony facing Highway 101 to a utlities/mechanical pad for Air conditioning units and other equipment The proposed building design modifications will not result in substantial modifications to the building design. The rooftop deck would not be visible from EL Camino Real and would simply provide an outdoor space for residential occupants. An enlarged balcony 68 ITEM 4 | 3/6/2018 La Plaza Downtown Development PLN 2017-1649 / Z3 LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero facing EL Camino Real adds to the design of the building and will allow residential occupants to enjoy outdoor space. The balcony that had been proposed on the rear of the building was found to not be desirable because of the high level of noise from Highway 101. Proposed Plaza The applicant is working with the City to refine the design of the plaza area that will be developed on the existing street right-of-way of Atascadero Mall to ensure adequate flexibility of the space. The pedestrian plaza would connect the existing pedestrian undercrossing at the dead-end of Atascadero Avenue and US Highway 101. This would also ensure a safe pedestrian flow from the undercrossing to the relo cated pedestrian crossing at El Camino Real and West Mall. Proposed improvements include passive recreational activities, container gardens, and plaza area that could be used for events or vendors. An important part of the plaza is the inclusion of a veh icle access road that will continue to provide access to the service station (Klems) and to the auto mechanic (La Rosa’s). The 20-foot wide street would be developed as part of the plaza improvements and would allow for vehicular access to the automotive b usiness separate from the plaza. Conditions require a pedestrian barrier to prevent pedestrians from utilizing the road for access between EL Camino Real and the tunnel. The project includes the elimination of the current pedestrian crosswalk at East Mall and relocation of a new crosswalk at West Mall at the south end of the signalized intersection. This condition is included in Draft PC Resolution 2017-B. Ultimately, the proposed improvements are consistent with the City’s Downtown Revitalization Plan. The plan envisioned a future plaza connecting the existing tunnel to the Downtown. Through this private / public partnership, the plan is being implemented with the proposed project. Roadway Abandonment / Road Closure The Planning Commission previously took action on the road abandonment. No changes are proposed to that action, which is a recommendation to City Council . The road abandonment requires final action by the Cit y Council and would be completed through recordation of the Tentative Parcel Map. 69 ITEM 4 | 3/6/2018 La Plaza Downtown Development PLN 2017-1649 / Z3 LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Proposed Atascadero Avenue Vehicular Closure Schematic 10 foot road and landscape easement on El Camino Real Right-of-Way abandonment over Atascadero Avenue. (Atascadero Mall) Portion of Atascadero Avenue to be closed to vehicular traffic. A B C 70 ITEM 4 | 3/6/2018 La Plaza Downtown Development PLN 2017-1649 / Z3 LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Tentative Parcel Map The applicant is proposing a Tentative Parcel Map that combines the underlying seven (7) lots and proposes to combine them into four (4) parcels, with the ability for two (2) of the four (4) parcels to be further subdivided into air space condominiums through the final map process. The tentative map has been reviewed for consistency with the AMC, the California Subdivision Map Act, and the California Street and Highways Code because of the proposed vacancies of right-of-way. The attached resolution B recommends the City Council approve the map in conjunction with the project. Conclusion: The La Plaza Redevelopment Project represents a significant step forward in implementing the City’s Downtown Revitalization Plan that was crafted over 10 years ago. While development proposals for this key piece of property have been previously proposed and approved, the applicant and property owner have made a significant commitment to Atascadero and is ready to proceed forward with develop ment of the site. The proposed project is expected to be a catalyst for future development within the Downtown and includes a mix of uses that will contribute to a “24 -hour” feel of downtown with residences and retail/services. Although staff would prefer that the project retain some upstairs office or commercial use, the project continues to retain elements that will implement the City’s vision for downtown. Existing Crosswalk to be relocated 20-foot vehicular access 71 ITEM 4 | 3/6/2018 La Plaza Downtown Development PLN 2017-1649 / Z3 LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero The La Plaza project is an identified City Council priority project and its approval is included in its 2017-2018 Action Plan. The Planning Commission’s action on this project will be a recommendation to City Council. City Council is scheduled to review the project on March 27. ENVIRONMENTAL DETERMINATION: The City of Atascadero prepared an Initial Study to determine if the proposed project would have a significant adverse effect on the environment. A Mitigated Negative Declaration was prepared for the project and was certified by the Planning Commission. (See Attachment 3). ALTERNATIVES: 1. The Planning Commission may suggest 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 the attached resolution. Such modifications will be a recommendation to the City Council. 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 suggest that the City Council deny the project amendments. 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. ATTACHMENTS: 1. Revised Building Plans 2. Applicant’s Project Description 3. Draft PC Resolution A (includes Complete Development Plans) 4. Draft PC Resolution B, Tentative Map and Road Abandonment 72 ITEM 4 | 3/6/2018 La Plaza Downtown Development PLN 2017-1649 / Z3 LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENT 1: PROPOSED BUILDING AMENDMENTS Building A Proposed West Elevation Building A Previous Elevation Building B Proposed residential floorplans (no exterior change) Roof feature to support roof top deck Expanded balcony 73 ITEM 4 | 3/6/2018 La Plaza Downtown Development PLN 2017-1649 / Z3 LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Attachment 2: APPLICANT’S PROJECT DESCRIPTION Project Description The Atascadero La Plaza development project is located in the heart of the Atascadero downtown across El Camino Real from The City Hall and The Sunken Garden. The project location has been the victim of a number of unfortunate circumstances and was originally the site of the Atascadero Hotel, which was burned down in 1965. A portion of the project site was rebuilt and most recently housed the North County Christian Thrift Store, which then burned down in 2009. Jack in the Box occupied the North East side of the project, but vacated this downtown location for a more freeway accessible location off of 101 freeway at the Santa Rosa exit. This vacated Jack in the Box was tied up in 30 years of lease ‘options to extend’ since (2009/2010). The years following the North County Christian Thrift Store fire, the property changed ownership 3 times and has had many proposed projects presented to the Atascadero City Planning Department and City Counsel. Many other circumstances such as adjacent property acquisition, cell tower easements, and bankruptcy have kept these dilapidated buildings and vacant land from being re-developed. The proposed La Plaza development is an homage to Atascadero history and its founding years. The original La Plaza, which was also known as the Mercantile, was built in 1917 and then fell victim to a fire in 1934. The development team is heavily inspired by the founding days of Atascadero, which has spurred the desire to reference certain attributes of these first buildings of Atascadero. The architectural style of the proposed La Plaza development is in the same Palladian style as the City Hall building, The Printery building, and the former La Plaza building. E.G. Lewis, Atascadero’s founder, envisioned all the main and dominant buildings within the Atascadero Estates to be built in this style and it is the goal of the La Plaza development team to continue in that vision. Our project, like the original La Plaza, will consist of commercial/retail space and residential uses. The new La plaza will have two buildings with a combined total of 18,000SF of commercial/retail space and 42 residential units built to condominium specifications. There will be 5 different floor plans for the residential units and the retail/commercial space will be divided on an as needed basis. All commercial/retail space will be equipped 74 ITEM 4 | 3/6/2018 La Plaza Downtown Development PLN 2017-1649 / Z3 LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero with venting, electrical, and plumbing that any restaurant would need. The La Plaza development team is focused on “class A” tenants and will be focused on a healthy tenant mix throughout the available leasing space. The land is currently configured in 6 separate assessor’s parcels with a total gross area of 1.83 acres (79,541 SF). The parcels are going to be reconfigured with this project. There will be 4 ground parcels and 42 airspace condos to allow for condominium sale in the future (Parcel map on pg.**). The zoning for this project is Downtown Commercial and typically would only allow for 36 residential units, but The City of Atascadero granted the project a 15% bonus for architectural excellence. This allows the project to move forward with 42 units. Because this project is in a “Downtown Commercial Zone” where there is no requirement for parking for the commercial space. However, one space is required per residential unit so our requirement for parking is 42, 27 of which will be private garages. The proposed project recognizes the city and local businesses need for more parking and will be providing a total of 89 parking spaces on site, 4 of which will be designated for electric car charging stations. The construction of the proposed La Plaza project is anticipated to be steel framed for the bottom floor of commercial/retail space because of the 20ft ceilings and minimal support beams. The residential levels will be wood framed. 75 ITEM 4 | 3/6/2018 La Plaza Downtown Development PLN 2017-1649 / Z3 LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENT 3: DRAFT PC RESOLUTION 2018 A – MASTER PLAN OF DEVELOPMENT DRAFT PC RESOLUTION 2018-A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMENDING APPROVAL OF THE LA PLAZA DEVELOPMENT, INCLUDING AN EXCEPTION TO BUILDING HEIGHT STANDARDS AND RESIDENTIAL DENSITY STANDARDS TO THE CITY COUNCIL LA PLAZA DOWNTOWN REDEVELOPMENT Z3 LLC (PLN 2017-1649) WHEREAS, an application has been received from Z3 LLC, Owner / Applicant (8189 San Dimas Lane, Atascadero, CA 93422), to consider Planning Application PLN 2017-1649, for a project consisting of a Master Plan of Development (CUP), Tentative Parcel Map, Roadway Abandonment, and certification of a Mitigated Negative Declaration ("MND") on a 1.83 acre site located on 6300 through 6500 El Camino Real (APN’s 030-193-001,003,017,016, 031,030,033); and, WHEREAS, the site’s current General Plan Land Use Designation is Downtown (D); and WHEREAS, the site’s current Zoning District is Downtown Commercial (DC); and WHEREAS, Atascadero Municipal Code § 9-2.110(a)(2) requires that multiple-family developments consisting of twelve (12) or more units, even if such development is listed as an allowed use in a particular zoning district, receive an approval of Master Plan of Development in the form of a Conditional Use Permit (CUP); and WHEREAS, Atascadero Municipal Code Section 9-4.113(b)(1) allows the Planning Commission modification of height limitations, provided the Commission first finds the project will not result in substantial detrimental effects on the enjoyment and use of adjoining properties and that the modified height will not exceed the lifesaving equipment capabilities of the Fire Department; and, WHEREAS, Atascadero Municipal Code Section 9-15.1011 allows the Planning Commission the ability to modify signage standards, provided that the Planning Commission make the appropriate four (4) required findings; and, 76 ITEM 4 | 3/6/2018 La Plaza Downtown Development PLN 2017-1649 / Z3 LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero WHEREAS, the Atascadero General Plan Policy 2.1.2 allows the Planning Commission to grant up to a fifteen percent (15%) density bonus for “exceptionally high quality architecture” through required findings; and, WHEREAS, an Initial Study and proposed Mitigated Negative Declaration, Environmental Document No. 2017-0018 was prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing held on March 6, 2018, studied and considered PLN 2017-1649 to approve a Master Plan of Development, after first studying and considering the proposed Mitigated Negative Declaration prepared for the project, and NOW, THEREFORE BE IT RESOLVED by the Planning Commission of the City of Atascadero: SECTION 1. The Planning Commission makes the following findings, determinations and approvals with respect to the proposed Master Plan of Development: A. Findings for Approval of Height Waiver 1. FINDING: The proposed project will not result in substantial detrimental effects on the enjoyment and use of adjoining properties. FACT: The proposed project does not result in substantial detrimental effects to the enjoyment of the use of adjoining properties, as the building height is necessary to meet the proposed density, as required by the California Department of Housing and Community Development, and the proposed height will help to identify the downtown as the commercial core of the City. Additionally, all proposed structures are well articulated and consist of high quality architectural design, similar to the existing surrounding development. 2. FINDING: The modified height will not exceed the lifesaving equipment capabilities of the Fire Department. FACT: The Atascadero Emergency Services Department (Atascadero Fire Department) has reviewed the proposed project and determined that, based on building placement including setbacks, location of turnouts and fire lanes, the proposed project will not exceed the lifesaving equipment capabilities of the Department. B. Findings for Sign Ordinance Design Exception 1. FINDING: The sign is consistent with the purposes set forth in Section 9-15.002;. FACT: The proposed signage meets the intent established by the City’s Signage 77 ITEM 4 | 3/6/2018 La Plaza Downtown Development PLN 2017-1649 / Z3 LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Ordinance, in particular the proposed signage will minimize the adverse impacts of signage and maintain a positive City image, and reasonably allow for the identification of businesses within La Plaza. 2. FINDING: The opportunity to combine signs for more than one (1) use on a single sign structure has been considered. FACT: The applicant is proposing the use of both a freeway oriented pylon sign and a monument sign. While it may be optimal to include just signage over a business, the applicant wishes to increase visibility and marketability of spaces for lease with additional signage oriented towards El Camino Real and Highway 101. Ensuring viability and marketability of these spaces is a priority for City Staff and the City Council. 3. FINDING: For freeway-oriented signs, the sign area and height are the minimum needed to achieve adequate visibility along the freeway due to highway ramp locations and grade differences. FACT: The height of the freeway oriented sign is a similar height based on a balloon test completed for the existing 76 Gasoline Station on the other side of the freeway completed in 2013. The 7-foot clearance is tall enough that it will not be lost in the existing foliage that is adjacent to Highway 101. 4. FINDING: Conformance with all other applicable codes and ordinances of the City, including, but not limited to, the Zoning Ordinance, General Plan and its several elements, and the appearance review guidelines. FACT: The proposed project is consistent with all applicable codes and ordinances, and meets the intent of the appearance review guidelines, and City Way Finding program. C. Findings for Density Bonus 1. FINDING: The proposed project utilizes high quality materials and finishes through all four sides of the building(s) located on-site. FACT: The proposed project is inspired by City landmarks including Historic City Hall and the Printery. The proposed project is an Italianate design and a visual appealing project. The proposed project utilizes similar materials found in both these historic structures and appropriately uses tower elements, pop-outs, and other architectural features to create a design that will become one of the center- pieces of Downtown Atascadero, complimenting Historic City Hall and the Sunken Gardens. 2. FINDING: The proposed project utilizes reduction of massing and other techniques to reduce appearance of bulk, and density. 78 ITEM 4 | 3/6/2018 La Plaza Downtown Development PLN 2017-1649 / Z3 LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero FACT: The proposed project utilizes materials, pop-outs, decking, and other features to reduce bulk and density. 3. FINDING: The proposed project implements the use of varied rooflines, pop- outs, architectural appendages and other elements that create visually appealing projects. FACT: The proposed project includes tower elements, varied rooflines, columns, and the use of colonnades to create a visually appealing project within Downtown Atascadero. 4. FINDING: The proposed project utilizes architectural materials appropriate with the vernacular of the architectural theme. FACT: The proposed project utilizes Italianate design similar to Historic City Hall and the Printery. The applicant has included the use of brick material, and Spanish tile in similar color schemes to that of City Hall to present a unified design theme for buildings near the Sunken Gardens. 5. FINDING: The proposed project incorporates significant contributions to the community such as a park, historic preservation, or road dedications. FACT: The proposed project includes a significant contribution to the Community in the form of a new pedestrian plaza that will be constructed within the right-of-way of Atascadero Avenue (Mall). This key pedestrian linkage was envisioned by the City’s Vision Plan for Downtown. The applicant may be afforded credits for parkland facilities fees in exchange for construction of the proposed project. D. Findings for Approval of Master Plan of Development 1. FINDING: The proposed project or use is consistent with the General Plan. FACT: The proposed project is consistent with the intention of vertical mixed-use in the Downtown. The proposed project meets the underlying zoning ordinance’s prescribed density requirements for 20 units per acre and includes a mix of commercial, office, and residential uses. 2. FINDING: The proposed project or use satisfies all applicable provisions of the Title 9 of the Atascadero Municipal Code this title. FACT: With adoption of findings made for the height waiver exception, and Density Bonus, the proposed project satisfied all applicable provisions of the Atascadero Municipal Code. 3. FINDING: The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be 79 ITEM 4 | 3/6/2018 La Plaza Downtown Development PLN 2017-1649 / Z3 LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 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 project will not be detrimental to the health, safety or welfare of the general public or persons residing or working in the vicinity, as the proposed project includes a mix of uses including residential, non-residential uses such as retail, professional services, and tourist commercial uses that are consistent with the City’s underlying zoning (DC), as well as consistent with the goals and policies of the City’s General Plan and Housing Element. Residential uses will not involve hazardous waste handling. 4. FINDING: 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 project is consistent with the immediate neighborhood as the proposed project is consistent with the adopted Downtown Revitalization Plan, and the Downtown Vision Plan. 5. FINDING: 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. FACT: The proposed project will generate 1,304 average new daily trips on a new local roadway that intersects with El Camino Real, the City’s primary north / south arterial. El Camino Real is a roadway facility that currently operates at an acceptable level of service, consistent with the City’s adopted General Plan and will continue to operate at an acceptable level of service with the proposed project, as well as what is considered build-out for the General Plan. The proposed project has been conditioned to pay development impact fees for proposed increases in traffic on regional serving highways (US 101) and other transportation related impacts. 6. FINDING: The proposed project is in compliance with any pertinent City policy or criteria adopted by Ordinance or Resolution of the City Council. FACT: The proposed project meets the City Council’s Policy on vertical mixed- use processing and the project been conditioned to annex into the City’s Community Facilities District to make the proposed project fiscally neutral. The proposed project meets the thresholds for high quality architectural design, landscaping, common open spaces. Therefore, the project, as proposed, is in compliance with pertinent City policies established by the City Council. SECTION 2. Approval of Master Plan of Development. The Planning Commission of 80 ITEM 4 | 3/6/2018 La Plaza Downtown Development PLN 2017-1649 / Z3 LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero the City of Atascadero, in a regular session assembled on March 6, 2018, resolved to recommend the City Council approve the Master Plan of Development subject to the following, on file in the Community Development Office and incorporated herein by reference: 1. EXHIBIT A: Conditions of approval / Mitigation Monitoring Program 2. EXHIBIT B: Master Plan of Development / Site Plan 3. EXHIBIT C: Landscape Plan 4. EXHIBIT D: Elevations / Floor Plan / Sections 5. EXHIBIT E: Colors and Materials Board 6. EXHIBIT F: Signage 7. EXHIBIT G: Grading and Drainage Plan 8. EXHIBIT H: Utility Plan 9. EXHIBIT I: Proposed Plaza Improvements BE IT FURTHER RESOLVED, that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Commissioner _________, and seconded by Commissioner ____, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: () NOES: () ABSTAIN: () ABSENT: () ADOPTED: CITY OF ATASCADERO, CA ______________________________ Jerel Seay Planning Commission Chairperson Attest: ______________________________ Phil Dunsmore Planning Commission Secretary 81 ITEM 4 | 3/6/2018 La Plaza Downtown Development PLN 2017-1649 / Z3 LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Exhibit A Conditions of Approval City of Atascadero PLN 2017-1649 LA PLAZA REDEVELOPMENT 6500 EL CAMINO REAL PARENT APN 030-193-001,003,017,016, 031,030,033 The following conditions of approval apply to the project referenced above. The conditions of approval are grouped under specific headings that relate to the timing of required compliance. Additional language within a condition may further define the timing of the required compliance. 1. Conditions of Approval in PC Resolution for Tentative Parcel Map AT 17-0088 shall be incorporated herein. ☐ PLN 2. For the purposes of development impact fee collection, impact fees shall be based on the date of building permit submittal, consistent with the California Subdivision Map Act. ☐ PLN 3. A 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, with the exception of the proposed public plaza located within the right-of-way of Atascadero Avenue (Mall), and must include the following:  All exterior meters, trash storage areas, air conditioning units and mechanical equipment shall be screened with landscape material and/or architecturally compatible enclosures.  London Plane Sycamore or similar trees with a minimum size of 24 inch box shall be provided along El Camino Real at a maximum spacing of 30 feet on center (tree variety may be adjusted upon approval of Community Development Director). Groupings of additional accent trees may be allowed to accommodate sight-distance, topographical features, subject to the approval of the Community Development Director and City Engineer. ☐ PLN 4. The public plaza is expected to be a versatile park-like space that can be used for events. The applicant shall work with the City on the final design of proposed public plaza within the Atascadero Avenue (Mall). The draft and final design shall be approved by the Community Development Director and shall include the following provisions: a. Design elements such as low decorative fencing to guide pedestrians towards the signalized intersection b. Removable fencing to allow maximum use of the roadway and the plaza if the road is closed during events and happenings c. Provisions to accommodate food trucks, electrical needs, lighting, emergency access and other elements necessary for events and happenings ☐ PLN 82 ITEM 4 | 3/6/2018 La Plaza Downtown Development PLN 2017-1649 / Z3 LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero d. Landscaping as approved by the Public Works Director/Community Development Director e. The design shall not incorporate a curb, gutter or sharp grade change between the roadway and plaza f. The applicant may revise items a. – e. with the advance written approval of the City Manager or designee thereof 5. Plaza improvements shall be completed prior to occupancy of Buildings A or B. 6. Exterior finishes, including brick color shall be approved by the City Community Development Department. 7. The portion of Atascadero Avenue (Mall) extending southwesterly from El Camino Real that is to remain for vehicular access to the adjacent property (gas station and auto services) shall be at least 20-feet wide and shall terminate approximately 40 feet northeasterly of the entrance to the pedestrian tunnel under State Rte 101, to the satisfaction of the Public Works Director. The design and improvements of said vehicular access and the Public Plaza area shall be to the approval of the Public Works Director and Community Development Director. Public improvement plans prepared by a licensed civil engineer are required to be approved by the Director of Public Works. ☐ PLN 8. Fire hydrant locations shall be to the satisfaction of the City Fire Marshall and Public Works Director. ☐ FD 9. Properties and/or areas that are managed or owned by an Association, or other such private entity shall be metered separately, as required by the Public Works Director. ☐ PLN 10. Ground monument signage fronting El Camino Real shall be limited to a total of (2) monument signs and shall be consistent with Sign standards shown in Table 15-2 for ground monument signage with the following exceptions:  Maximum of six (6) feet in total height  Total of 60 square feet of signage allowed for each side  Ground monument signage may be permitted directly adjacent to the back of sidewalk  Ground monument signage shall be located no closer than 200-feet from each other 11. A total of four (4) Building Name signs shall be permitted within the development with the name “La Plaza”. Size shall be proportional to wall façade or placement on tower element. 12. A freeway oriented pylon sign shall be permitted on-site with the maximum height of 75-feet. Additional height may be granted by the Design Review Committee. Signage shall include the City’s Logo and “Downtown Atascadero” on the faces of the sign. The City’s Logo and “Downtown Atascadero” shall not count against the maximum signage area. Maximum signage area shall be 83 ITEM 4 | 3/6/2018 La Plaza Downtown Development PLN 2017-1649 / Z3 LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero determined by the Community Development Director or their designee. 13. Maximum project density shall not exceed 42 dwelling units. Any additional dwelling units shall be approved by the Planning Commission as a minor conditional use permit or its equivalent. 14. Building heights shall not exceed the following:  45-Feet maximum for occupied spaces;  65-Feet maximum for un-occupied spaces. Additional height exception may be granted by the Design Review Committee. 15. The El Camino Real pedestrian entry/exit doors serving the proposed structures shall not swing into the public right-of-way more than one foot. 16. The proposed waterfall structure in front of Building A shall be located entirely within the subject property and shall not encroach into the public right-of-way. 17. A disclosure shall be required for all residential tenants to inform them that the property is within a commercial zoning district and will be exposed to noise levels that will exceed levels found within a residential neighborhood. 18. Occupancy of commercial spaces are prioritized over the residential uses and residential occupancy shall not preclude the operation, permitting, hours of operation or land use allowed within the first floor commercial spaces. 19. The following land uses shall be prohibited on the ground floor: a. Health Care Services b. Offices c. Government offices and facilities 20. All site work, grading, and site improvements shall be in substantial conformance with the Master Plan of Development as shown in any of the enclosed exhibits. ☐ PLN 21. Native tree protection shall be installed and up at all times during construction related activities per the tree protection plan. ☐ PLN 22. Pedestrian ramps on El Camino Real shall be constructed on each side of the street type entrance between Buildings A and B. 23. The applicant shall relocate the (E) sewer main that extends under proposed Building “B”, to the satisfaction of the City Engineer. An easement over the re - routed sewer main shall be dedicated to the public, to the satisfaction of the City Engineer. 24. Construction of the new driveway approach, northwesterly of Building A, requires removal of the existing driveway approach serving the adjacent northwesterly property. Vehicular access to this property shall be combined with the subject property. 84 ITEM 4 | 3/6/2018 La Plaza Downtown Development PLN 2017-1649 / Z3 LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 25. The applicant shall coordinate with the Regional Transit Authority regarding the relocation and modification to the existing bus shelter and bus stop. Final location shall be approved by the Regional Transit Authority and the City Engineer. 26. Discharges to the public storm drain system are subject to review under the City’s MS4 State Permit and the requirements established by the Regional Water Quality Control Board for discharges to waters of the United States. Illicit discharges shall not be approved and shall be eliminated where known to exist or are identified. Certain non-storm water discharges may not be considered illicit where it can be shown that these waters are not contaminated. Uncontaminated spring water, pumped ground water, and water from crawl space pumps are not considered illicit discharges and are therefore not prohibited from discharging to the storm drain system. The applicant shall provide verification to the satisfaction of the City Engineer that the proposed discharge waters are not contaminated. 27. All landscaping is to be installed prior to final inspection of development within Parcel Map AT 17-0088. ☐ PLN 28. The entitlement described at the location per this resolution is determined to be vested with the property upon issuance of a building permit. ☐ PLN 29. Approval of this entitlement shall be final and effective consistent with Atascadero Municipal Code (AMC) section 9-1.111 seq. et. al. ☐ PLN 30. Project construction must be in accordance with provided Exhibit(s), adopted with this Resolution. Changes to architecture, landscaping design, and non- substantive subdivision design may be approved by the Community Development Director or the Design Review Committee (DRC). ☐ PLN 31. In accordance with the Atascadero Municipal Code section 9-8.105, any violation of any of the Conditions of Approval is unlawful and may be cause for revocation of this entitlement and subject the applicant and/or future property owners to the penalties set forth in the Atascadero Municipal Code, as well as any other available legal remedies. ☐ PLN 32. The applicant shall agree to indemnify and defend at his/her sole expense any action brought against the City, its present or former agents, officers, or employees because of the issuance of this approval, or in any way relating to the implementation thereof, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any court costs and attorney's fees which the City, its agents, officers or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve applicant of his/her obligations under this condition. ☐ CM 33. Should the described use be abandoned or extinguished, the property may be ☐ PLN 85 ITEM 4 | 3/6/2018 La Plaza Downtown Development PLN 2017-1649 / Z3 LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero used and / or developed with any use allowed by the underlying zoning district. ☐ PWD A. The following are mitigation measures that mitigate adverse environmental effects identified in the prepared Environmental Document. Any change in these measures may affect the validity of the adopted Environmental Document, and a new or amended Environmental Document may be required. MITIGATION MEASURE TIMING Aesthetics AES-1 At the time of building permit submittal of the proposed project, applicant must submit a photometric plan showing locations of proposed on-sight lighting. 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 are limited. Prior to Building Permit Issuance AES-2 Any luminaire pole height shall not exceed 14-feet in height to minimize off-site light spillage for consistency with the Atascadero Municipal Code. Prior to Building Permit Issuance AES-3 Limit intensity to up to 3.0 foot candles at ingress/egress, and otherwise 0.6 foot candle minimum to 1.0 maximum in parking areas and/or for street lighting, bollards, etc to be reviewed at the time of building final. Prior to Building Permit Final Air Quality AQ-1 Demolition activities can have potential negative air quality impacts, including issues surrounding proper handling, abatement, and disposal of asbestos containing material (ACM). Asbestos containing materials could be encountered during the demolition or remodeling of existing structures or the disturbance, demolition, or relocation of above or below ground utility pipes/pipelines (e.g., transit pipes or insulation on pipes). If this project will include any of these activities, then it may be subject to various regulatory jurisdictions, including the requirements stipulated in the National Emission Standard for Hazardous Air Pollutants 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 Engineering & Compliance Division at (805) 781-5912 for further information or go to slocleanair.org/rules- regulations/asbestos.php for further information. To obtain a Notification of Demolition and Renovation form go to the “Other Forms” section of slocleanair.org/library/download-forms.php. Prior to Building Permit Issuance 86 ITEM 4 | 3/6/2018 La Plaza Downtown Development PLN 2017-1649 / Z3 LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero MITIGATION MEASURE TIMING AQ-2 Based on the information provided, San Luis Obispo APCD is unsure of the types of equipment that may be present during the project’s construction phase. 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; and,  Electrical generation plants or the use of standby generator; Internal combustion engines;  Rock and pavement crushing;  Unconfined abrasive blasting operations;  Tub grinders;  Trommel screens; and,  Portable plants (e.g. aggregate plant, asphalt batch plant, concrete batch plant, etc). To minimize potential delays, prior to the start of the project, please contact the APCD Engineering & Compliance Division at (805) 781-5912 for specific information regarding permitting requirements. During Construction AQ-3 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 Engineering & Compliance Division at (805) 781-5912 During Construction AQ-4 Construction activities can generate fugitive dust, which could be a nuisance to local residents and businesses in close proximity to the proposed construction site. Projects with grading areas that are greater than 4-acres or are within 1,000 feet of any sensitive receptor shall implement the following mitigation measures to manage fugitive dust emissions such that they do not exceed the APCD’s 20% opacity limit (APCD Rule 401) or prompt nuisance violations (APCD Rule 402): a. Reduce the amount of the disturbed area where possible; and, During Construction 87 ITEM 4 | 3/6/2018 La Plaza Downtown Development PLN 2017-1649 / Z3 LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero MITIGATION MEASURE TIMING 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; 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. Track-Out” is defined as sand or soil that adheres to and/or agglomerates on the exterior surfaces of motor vehicles and/or equipment (including tires) that may then fall onto any highway or street as described in California Vehicle Code Section 23113 and California Water Code 13304. To prevent ‘track out’, designate access points and require all employees, subcontractors, and others to use them. Install and operate a ‘track-out prevention device’ where vehicles enter and exit unpaved roads onto paved streets. The ‘track-out prevention device’ can be any device or combination of devices that are effective at 88 ITEM 4 | 3/6/2018 La Plaza Downtown Development PLN 2017-1649 / Z3 LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero MITIGATION MEASURE TIMING preventing track out, located at the point of intersection of an unpaved area and a paved road. Rumble strips or steel plate devices need periodic cleaning to be effective. If paved roadways accumulate tracked out soils, the track- out prevention device may need to be modified; 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 Engineering & Compliance Division prior to the start of any grading, earthwork or demolition. AQ-5 This project is in close proximity to nearby sensitive receptors. Projects that will have diesel powered construction activity in close proximity to any sensitive receptor shall implement the following mitigation measures to ensure that public health benef its are realized by reducing toxic risk from diesel emissions: To help reduce sensitive receptor emissions impact of diesel vehicles and equipment used to construct the project, the applicant shall implement the following idling control techniques: 1. California Diesel Idling Regulations a. On-road diesel vehicles shall comply with Section 2485 of Title 13 of the California Code of Regulations. This regulation limits idling from diesel-fueled commercial motor vehicles with gross vehicular weight ratings of more than 10,000 pounds and licensed for operation on highways. It applies to California and non-California based vehicles. In general, the regulation specifies that drivers of said vehicles: 1. Shall not idle the vehicle’s primary diesel engine for greater than 5 minutes at any location, except as noted in Subsection (d) of the regulation; and, 2. Shall not operate a diesel-fueled auxiliary power system (APS) to power a heater, air conditioner, or any ancillary equipment on that vehicle during sleeping or resting in a sleeper berth for greater During Construction 89 ITEM 4 | 3/6/2018 La Plaza Downtown Development PLN 2017-1649 / Z3 LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero MITIGATION MEASURE TIMING than 5.0 minutes at any location when within 1,000 feet of a restricted area, except as noted in Subsection (d) of the regulation. b. Off-road diesel equipment shall comply with the 5- minute idling restriction identified in Section 2449(d)(2) of the California Air Resources Board’s In-Use Off- Road Diesel regulation. c. Signs must be posted in the designated queuing areas and job sites to remind drivers and operators of the state’s 5-minute idling limit. d. The specific requirements and exceptions in the regulations can be reviewed at the following web sites: www.arb.ca.gov/msprog/truck-idling/2485.pdf and www.arb.ca.gov/regact/2007/ordiesl07/frooal.pdf. AND/OR 2. Diesel Idling Restrictions Near Sensitive Receptors In addition to the state required diesel idling requirements, the project applicant shall comply with these more restrictive requirements to minimize impacts to nearby sensitive receptors: a. Staging and queuing areas shall not be located within 1,000 feet of sensitive receptors; b. Diesel idling within 1,000 feet of sensitive receptors shall not be permitted; c. Use of alternative fueled equipment is recommended; and d. Signs that specify the no idling areas must be posted and enforced at the site. AQ-6 Exterior architectural coasting shall be limited to Volatile Organic Compound (VOC) of 50 grams per liter maximum to the extent feasible. During Construction AQ-7 Interior architectural coasting shall be limited to Volatile Organic Compound (VOC) of 0 grams per liter maximum to the extent feasible within residential and non-residential spaces. During Construction AQ-8 Should hydrocarbon contaminated soil be encountered during construction activities, the APCD must be notified as soon as possible and no later than 48 hours after affected material is discovered to determine if an APCD Permit will be required. In addition, the following measures shall be implemented immediately after contaminated soil is discovered:  Covers on storage piles shall be maintained in place at all times in areas not actively involved in soil addition or removal;  Contaminated soil shall be covered with at least six inches Dirong Construction 90 ITEM 4 | 3/6/2018 La Plaza Downtown Development PLN 2017-1649 / Z3 LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero MITIGATION MEASURE TIMING of packed uncontaminated soil or other TPH –non- permeable barrier such as plastic tarp. No headspace shall be allowed where vapors could accumulate;  Covered piles shall be designed in such a way to eliminate erosion due to wind or water. No openings in the covers are permitted;  The air quality impacts from the excavation and haul trips associated with removing the contaminated soil must be evaluated and mitigated if total emissions exceed the APCD’s construction phase thresholds;  During soil excavation, odors shall not be evident to such a degree as to cause a public nuisance; and,  Clean soil must be segregated from contaminated soil. The notification and permitting determination requirements shall be directed to the APCD Engineering & Compliance Division at (805) 781-5912. Green House Gas Emissions GHG-1 The proposed project shall include a minimum of four (4) electric vehicle (EV) chargers within the proposed parking lot. Vehicle chargers shall be counted as parking spaces for the purposes of parking calculations. Prior to Building Permit Final Cultural Resources CR-1 Recordation and documentation shall be produced according to the California Register of Historic Resources prior to issuance of demolition permits for both 6452 and 6490 El Camino Real. Documentation shall include the following:  Completion of State of California Form DPR 523B;  Large scale color photographs of exterior and interior with scale and caption;  Large scale site plan and floor plan of existing building(s) with legend and callouts of location photographs taken;  Copies of selected historic photographs;  Written description of construction and use of the structures; and,  Digital copies of all materials submitted in PDF format. Prior to Demo Permit Issuance CR-2 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 immediately. The Atascadero Community Development Director 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 during the excavation of any During Construction 91 ITEM 4 | 3/6/2018 La Plaza Downtown Development PLN 2017-1649 / Z3 LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero MITIGATION MEASURE TIMING remains. Noise NO-1 Soffit vents, eave vents, dormer vents and other wall and roof penetrations shall be on the walls and roofs facing away from the noise source wherever possible. Prior to Building Permit Issuance NO-2 The walls of habitable spaces and office space on second and third stories nearest the noise source shall have wall construction with an S.T.C. (Sound Transmission Class) rating of 30 or greater. For instance, stucco exterior or equivalent on 2” x 4” stud walls with minimum R-13 batt insulation and two layers of ½” gypsum board on the interior will provide an S.T.C. rating of 30 or greater along these walls. Prior to Building Permit Issuance NO-3 Common acoustic leaks, such as electrical outlets, pipes, vents, ducts, flues, and other breaks in the integrity of the wall, ceiling or roof construction on the side of the dwellings nearest transportation noise sources shall receive special attention during construction. All construction openings and joints on the walls on the noise facing side of the site shall be insulated, sealed and caulked with a resilient, non-hardening, acoustical caulking material. All such openings and joints shall be airtight to maintain sound isolation. Prior to Building Permit Issuance NO-4 To meet the interior LDN 45 dBA requirements, windows for habitable spaces on the second and third floors of affected units facing the noise source shall be of double-glazed construction with one light of laminated glass, and installed in accordance with the recommendations of the manufacturer. The windows shall have full gaskets, with an S.T.C. rating of 30 or better, as determined in testing by an accredited acoustical laboratory. Prior to Building Permit Issuance Transportation & Traffic TP-1 The applicant or developer must relocate the existing pedestrian crossing at the midblock crossing at the intersection of East Mall and El Camino Real to the signalized intersection of West Mall and El Camino Real. The applicant shall re-stripe and provide conduit for a new pedestrian crossing signal adjacent to the project site. The proposed improvement may be eligible for TIF credits based on the adopted Capital Improvement Plans at the time of building permit issuance. Prior to release final sign off of off-site improvements. TP-2 The applicant shall work with City Staff and the Regional Transit Authority to relocate the adjacent southbound RTA stop that currently exists near the intersection of Entrada and El Camino Real. This includes relocation or re-construction of a bus shelter, as deemed appropriate by the City Engineer Prior to release final sign off of off-site improvements. 92 ITEM 4 | 3/6/2018 La Plaza Downtown Development PLN 2017-1649 / Z3 LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero MITIGATION MEASURE TIMING Utilities Services UT-1 The proposed project must pay all applicable sewer connection fees at the time of building permit issuance. A fee credit may be applicable for all existing fixtures and connections listed in demolition permits for buildings removed. Prior to Building Permit Issuance UT-2 The applicant shall be responsible for providing fair share impact fees for wastewater in effect at the time of building permit issuance. Prior to Building Permit Issuance UT-3 The developer must include trash and recycle receptacles near public entries and a minimum of (3) trash and recycle receptacles within the proposed plaza to be dispersed throughout the length of the plaza. Receptacle design shall be approved by Staff and included on landscaping plans at the time of building permit submittal. Prior to release final sign off of on-site improvements. **END CONDITIONS** 93 ITEM 4 | 3/6/2018 La Plaza Downtown Development PLN 2017-1649 / Z3 LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero EXHIBIT B: MASTER PLAN OF DEVELOPMENT / SITE PLAN 94 ITEM 4 | 3/6/2018 La Plaza Downtown Development PLN 2017-1649 / Z3 LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero EXHIBIT C: LANDSCAPE PLAN 95 ITEM 4 | 3/6/2018 La Plaza Downtown Development PLN 2017-1649 / Z3 LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero EXHIBIT D: Elevations / Floor Plan / Sections Building A front elevation Building A Rear Elevation 96 ITEM 4 | 3/6/2018 La Plaza Downtown Development PLN 2017-1649 / Z3 LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Building B Elevations “A” First Floor Plan “A” Second floor plan 97 ITEM 4 | 3/6/2018 La Plaza Downtown Development PLN 2017-1649 / Z3 LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 98 ITEM 4 | 3/6/2018 La Plaza Downtown Development PLN 2017-1649 / Z3 LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero “A” Third Floor Plan “A” Roof Plan 99 ITEM 4 | 3/6/2018 La Plaza Downtown Development PLN 2017-1649 / Z3 LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Building B First Floor Second Floor Third Floor 100 ITEM 4 | 3/6/2018 La Plaza Downtown Development PLN 2017-1649 / Z3 LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero EXHIBIT E: COLORS AND MATERIALS BOARD 101 ITEM 4 | 3/6/2018 La Plaza Downtown Development PLN 2017-1649 / Z3 LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero EXHIBIT F: SIGNAGE 102 ITEM 4 | 3/6/2018 La Plaza Downtown Development PLN 2017-1649 / Z3 LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero EXHIBIT G: GRADING AND DRAINAGE PLAN 103 ITEM 4 | 3/6/2018 La Plaza Downtown Development PLN 2017-1649 / Z3 LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero EXHIBIT H: UTILITY PLAN 104 ITEM 4 | 3/6/2018 La Plaza Downtown Development PLN 2017-1649 / Z3 LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero EXHIBIT I: PROPOSED PLAZA IMPROVEMENTS 20-foot vehicular access End pavement approximately 50 northeast of property marker Curve may be needed by Engineer 105 ITEM 4 | 3/6/2018 La Plaza Downtown Development PLN 2017-1649 / Z3 LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENT 4: DRAFT PC RESOLUTION - B, TENTATIVE MAP & ROAD ABANDONMENT DRAFT PC RESOLUTION 2018-B RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING APPROVAL OF TENTATIVE PARCEL MAP AT 17-0088, INCLUDING A ROAD ABANDONMENT TO VACATE PORTIONS OF AN EASEMENT FOR PUBLIC USE ALONG EL CAMINO REAL, AND A PORTION OF RIGHT OF WAY FOR ATASCADERO AVENUE PURSUANT TO SECTION 8332 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE AND RECOMMEND TO THE CITY COUNCIL A PARTIAL VEHICULAR CLOSURE OF ATASCADERO AVENUE FOR THE CONSTRUCTION OF A PUBLIC PEDESTRIAN PLAZA PURSUANT TO SECTION 12920 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE LA PLAZA DOWNTOWN REDEVELOPMENT Z3 LLC (PLN 2017-1649) WHEREAS, an application has been received from Z3 LLC, Owner / Applicant (8189 San Dimas Lane, Atascadero, CA 93422), to consider Planning Application PLN 2017-1647, for a project consisting of a Master Plan of Development (CUP), Tentative Parcel Map (including condominiums), roadway abandonment, and certification of a Mitigated Negative Declaration ("MND") on a 1.83 acre site located on 6300 through 6500 El Camino Real (APN’s 030-193- 001,003,017,016, 031,030,033); and, WHEREAS, an application has been received from Z3 LLC, Owner / Applicant (8189 San Dimas Lane, Atascadero, CA 93422) to abandon an approximate 0.11 acre portion of a public access easement directly adjacent to the El Camino Real Right-of-Way; abandon a portion of right-of-way, which is approximately 0.24 acre of Atascadero Avenue (also referred to as “Atascadero Mall”), being portions of Lots 18 and 19, Block H-B, Atascadero Colony Subdivision, City of Atascadero, County of San Luis Obispo, State of California and filed for record on October 21, 1914 in Book 4 at Page 32 of Maps; and partially close to vehicular traffic in the remaining portion of right-of-way along Atascadero Avenue (Mall), with the exception of 20-feet for the construction of a pedestrian plaza; and WHEREAS, the site’s current General Plan Land Use Designation is Downtown (D); and WHEREAS, the site’s current Zoning District is Downtown Commercial (DC); and 106 ITEM 4 | 3/6/2018 La Plaza Downtown Development PLN 2017-1649 / Z3 LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero WHEREAS, Atascadero Municipal Code § 9-2.110(a)(2) requires that multiple-family developments consisting of twelve (12) or more units, even if such development is listed as an allowed use in a particular zoning district, receive an approval of Master Plan of Development in the form of a Conditional Use Permit (CUP); and WHEREAS, Atascadero Municipal Code Section 9-4.113(b)(1) allows the Planning Commission modification of height limitations, provided the Commission first finds the project will not result in substantial detrimental effects on the enjoyment and use of adjoining properties and that the modified height will not exceed the lifesaving equipment capabili ties of the Fire Department; and, WHEREAS, Atascadero Municipal Code Section 9-15.1011 allows the Planning Commission the ability to modify signage standards, provided that the Planning Commission make the appropriate four (4) required findings; and, WHEREAS, the Atascadero General Plan Policy 2.1.2 allows the Planning Commission to grant up to a fifteen percent (15%) density bonus for “exceptionally high quality architecture” through required findings; and, WHEREAS, Official City of Atascadero Land Use and Zoning Maps reflect a portion of El Camino Real as right-of-way; however, this portion of right-of-way has been quitclaimed by the City of Atascadero through City Council Resolution 06-95; and, WHEREAS, the proposed abandoned portion of the right-of-way for Atascadero Avenue (Mall) is shown on portion of Lot 18, Block H-B, Atascadero Colony Subdivision, City of Atascadero, County of San Luis Obispo, State of California and filed for record on October 21, 1914 in Book 4 at Page 32 of Maps, approximately 0.24 acres, will become a part of the adjacent property currently zoned Downtown Commercial; and, WHEREAS, the proposed abandoned the public use easement, approximately 0.11 acres created by an offer of dedication per Official Record 88-O.R.-114 along for El Camino Real will become a part of the adjacent property currently zoned Downtown Commercial; and, WHEREAS, the remaining right of way, approximately 74-feet, as shown in Lot 8 of Block H-B, and a portion of Lot 6 Block E-B, Atascadero Colony Subdivision, City of Atascadero, County of San Luis Obispo, State of California and filed for record on October 21, 1914 in Book 4 at Page 32 of Maps shall be closed to vehicular traffic, with the exception of a 20-foot paved section directly southeast of Lot 6, Block E-B; and, WHEREAS, an Initial Study and proposed Mitigated Negative Declaration, Environmental Document No. 2017-0018 was prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and 107 ITEM 4 | 3/6/2018 La Plaza Downtown Development PLN 2017-1649 / Z3 LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero WHEREAS, a timely and properly noticed Public Hearing on the subject Tentative Parcel Map was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Subdivision; and WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on November 21, 2017, studied and considered Tentative Parcel Map (AT 17-0088) for PLN 2017-1649, after certifying Mitigated Negative Declaration Environmental Document No. 2017-0018, prepared for the project. NOW, THEREFORE BE IT RESOLVED by the Planning Commission of the City of Atascadero: SECTION 1. The Planning Commission makes the following findings, determinations and approvals with respect to the Tentative Parcel Map, Road Abandonment and Road Closure: A. Findings for Approval of Tentative Parcel Map 2. FINDING: The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan and the proposed Zone Text Change Amendment (Government Code§§ 66473.5 and 66474(a) and (b)). FACT: The proposed subdivision has been designed and includes proposed improvements that are consistent with the City’s adopted General Plan, in addition to the requirements that have been considered for the adoption of the Master Plan of Development. 3. FINDING: The site is physically suitable for the type of development (Government Code§ 66474(c)). FACT: The proposed site is suitable for this type of development as the grades are gently sloping. Based on the existing grades and proposed grading plan, the proposed subdivision contains a number of parcels and ultimately a number of residential air space condominiums and non-residential air space condominiums on Parcels 2 and 3 that are consistent with the density of the underlying Downtown Commercial (DC) zoning district. 4. FINDING: The site is physically suitable for the proposed density of development (Government Code § 66474(d)). FACT: The site is a redevelopment of formerly developed commercial properties within the City’s Downtown Core. The proposed development is consistent with the proposed density within the Downtown Commercial zoning district with an appropriate mix of uses. Therefore, the project is consistent with the surrounding neighborhood and is suitable for the proposed density. 5. FINDING: The design of the subdivision or the proposed improvements will not 108 ITEM 4 | 3/6/2018 La Plaza Downtown Development PLN 2017-1649 / Z3 LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat (Government Code § 66474(e)). FACT: The proposed project has been analyzed, consistent with the California Environmental Quality Act (CEQA), through certified Mitigated Negative Declaration, Environmental Document No. 2017-0018. With the incorporation of mitigation measures, in addition to project conditions, the proposed project’s impacts will be mitigated to a threshold of less than significant, therefore the proposed project will not create substantial environmental damage. 6. FINDING: The design of the subdivision or the type of improvements will not cause serious health problems (Government Code § 66474(f)). FACT: The proposed project and the types of improvements includes the subdivision of seven (7) existing parcels into four (4) parcels with two (2) parcels for future condominium purposes which includes a total 42 air space residential condominiums and eight (8) air-space non-residential condominiums. Because the proposed project is consistent with envisioned downtown redevelopment, and the improvements have been reviewed for consistency with the threshold established by the City, through adopted Ordinances, and City policies, the proposed project will not cause serious health problems. 7. FINDING: 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)). FACT: The installation of public improvements are necessary, prior to recordation of a Final Map, in order to ensure orderly development of the surrounding area (Government Code § 66411.1(b)(2). 8. FINDING: The proposed project or use satisfies all applicable provisions of the Title 9 of the Atascadero Municipal Code this title. FACT: Public improvements that are included, as conditioned by the City Engineer, are required and consistent with the City’s adopted General Plan, Master Facilities Plan, and Municipal Code. Therefore the proposed improvements are necessary to ensure orderly development of the surrounding area. B. Findings for Roadway Abandonment SHC §8332 1. At the hearing, the legislative body shall hear the evidence offered by persons interested. Finding. The proposed road abandonment is consistent with the City’s General Plan Land Use and Circulation Element. The Atascadero Mall right of way was bisected by Highway 101 in the 1950’s and no longer serves a necessary purpose for street access. 109 ITEM 4 | 3/6/2018 La Plaza Downtown Development PLN 2017-1649 / Z3 LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Fact. The Planning Commission received oral testimony by the project applicant, project representative, and interested persons prior to making a recommendation for vacation of public easements and roadway abandonment. 2. The street, highway, or public service easement described in the notice of hearing or petition is unnecessary for present or prospective public use FACT. The Planning Commission, after hearing public testimony by persons interested in the vacation of a public easement along El Camino Real, and the aband onment of a portion of right-of-way in Atascadero Avenue directly adjacent to the proposed project, recommends to the City Council that these portions of right-of-way and public easements are unnecessary for the present or prospective use of the public and therefore should be vacated through recordation of Tentative Parcel Map AT 17-0088. B. Findings for Partial Vehicular Closure SHC §1920 1. The governing body of a city by resolution or ordinance removes a street from public use, or closes it to vehicular or pedestrian traffic, such resolution or ordinance may set forth such minimum maintenance requirements, including the maintenance of drainage, for the street as the governing body determines are necessary for the public safety. FACT. The Planning Commission recommends, through approval of a resolution, to the City Council that a portion of Atascadero Avenue be closed to vehicular traffic; however, public right-of-way shall be retained for the use of pedestrians, and bicyclists, and shall continue to be maintained by the City necessary for public safety. SECTION 3. The Planning Commission recommends the following actions to the City Council of the City of Atascadero with respect to roadway abandonment pursuant to §8332 and partial vehicular closure pursuant §1920 to of the California Streets and Highways Code: A. Abandoning a portion of the right-of-way for Atascadero Avenue (Mall) shown as a portion of Lot 18, Block H-B, Atascadero Colony Subdivision, City of Atascadero, County of San Luis Obispo, State of California and filed for record on October 21, 1914 in Book 4 at Page 32 of Maps, approximately 0.24 acres, converting this portion of property to a General Plan Land Use Designation of Downtown (D), and a Zoning District of Downtown Commercial (DC); B. Abandoning a public use easement, approximately 0.11 acres created by an offer of dedication per Official Record 88-O.R.-114 along El Camino Real and reverting this portion of property to a General Plan Land Use Designation of Downtown (D), and a Zoning District of Downtown Commercial (DC); C. Approximately 74-feet of right-of-way, owned and maintained by the City of Atascadero, as shown in Lot 8 of Block H-B, and a portion of Lot 6 Block E-B, Atascadero Colony Subdivision, City of Atascadero, County of San Luis Obispo, State of California and filed for record on October 21, 1914 in Book 4 at Page 32 of Maps shall be closed to vehicular traffic, with the exception of a 20-foot paved section directly southeast of Lot 6, Block E -B to 110 ITEM 4 | 3/6/2018 La Plaza Downtown Development PLN 2017-1649 / Z3 LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero construct a public pedestrian plaza. SECTION 2. The Planning Commission of the City of Atascadero, in a regular session assembled on March 6, 2018, resolved to recommend approval of Tentative Parcel Map (AT 17- 0088) for PLN 2017-1649, and accompanying road abandonment, subject to the following, on file in the Community Development Department and incorporated herein by reference: 1. EXHIBIT A: Tentative Subdivision Map (AT 17-0088) 2. EXHIBIT B: Road Abandonment map 3. EXHIBIT C: Conditions of Approval 4. EXHIBIT D: Grading Plan 5. EXHIBIT E: Utility Plan BE IT FURTHER RESOLVED, that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Commissioner _________, and seconded by Commissioner ________, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: () NOES: () ABSTAIN: () ABSENT: () ADOPTED: CITY OF ATASCADERO, CA ______________________________ Jerel Seay Planning Commission Chairperson Attest: ______________________________ Phil Dunsmore Planning Commission Secretary 111 ITEM 4 | 3/6/2018 La Plaza Downtown Development PLN 2017-1649 / Z3 LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero EXHIBIT A –TENTATIVE PARCEL MAP 112 ITEM 4 | 3/6/2018 La Plaza Downtown Development PLN 2017-1649 / Z3 LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Exhibit B Exhibit B: Road Abandonment diagram 10 foot road and landscape easement on El Camino Real Right-of-Way abandonment over Atascadero Avenue. (Atascadero Mall) Portion of Atascadero Avenue to be closed to vehicular traffic. 113 ITEM 4 | 3/6/2018 La Plaza Downtown Development PLN 2017-1649 / Z3 LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Exhibit C Conditions of Approval City of Atascadero PLN 2017-1649 LA PLAZA DOWNTOWN REDEVELOPMENT TENTATIVE PARCEL MAP AT 17-0088 Road Abandonment 6500 EL CAMINO REAL PARENT APN 030-193-001,003,017,016, 031,030,033 The following conditions of approval apply to the project referenced above. The conditions of approval are grouped under specific headings that relate to the timing of required compliance. Additional language within a condition may further define the timing of the required compliance. A. General Conditions. 1. 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 m aps. 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. ☐ PLN 2. Prior to recordation of the Parcel Map, the Applicant shall establish a, Property Owners’ Association, 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 privately owned-in- common subdivision improvements. The engineer of record shall prepare and submit an estimated operating budget and capital improvement replacement analysis for review and approval by the City Engineer, prior to recordation of the Parcel Map. ☐ PLN 3. Prior to recording the Final Map, the Applicant shall have the map reviewed by the public utility providers for power, telephone, gas, cable TV, and the Atascadero Mutual Water Company. The Applicant shall obtain a letter from each utility company stating that the easements and rights-of-way shown on the map for public utility purposes are acceptable. ☐ PWD 114 ITEM 4 | 3/6/2018 La Plaza Downtown Development PLN 2017-1649 / Z3 LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 4. Documents that the City of Atascadero requires to be recorded concurrently with the Final Map (e.g.: off-site rights-of-way dedications, easements not shown on the map, agreements, etc.) shall be listed on the certificate sheet of the map. ☐ PWD 5. The City of Atascadero may require an additional map sheet for information purposes in accordance with the Subdivision Map Act. ☐ PWD 6. The El Camino Real pedestrian entry/exit doors serving any building shall not swing into the public right-of-way more than one foot. ☐ PWD 7. The proposed waterfall structure in front of Building A shall be located entirely within the subject property and shall not encroach into the public right-of-way. ☐ PWD 8. The relocation of the existing public sewer main shall be completed prior to issuance of, or, in conjunction with the issuance of building permits for the southerly most building (Tentative Parcel 3). 9. Atascadero Mall Plaza improvements shall be completed prior to occupancy of Buildings A or B. ☐ PWD 10. Rights-of-way acquisitions and/or abandonments shall be completed in accordance with City regulations, the Streets and Highways Code, the Subdivision Map Act, and to the satisfaction of the City Engineer. Public rights-of-way abandonments completed through the Parcel Map process shall be adequately identified on the certificate sheet of the map as well as on subsequent map sheets. ☐ PWD 11. All plans shall contain the City of Atascadero "Standard Notes for Improvement Plans" on file in the City Engineer's office. 12. Rights-of-way abandonments shall be completed through the Parcel Map process in accordance with City regulations, the Streets and Highways Code, the Subdivision Map Act, and to the satisfaction of the City Engineer. 13. Easements that are not intended to continue in perpetuity shall not be shown on the Parcel Map and shall be recorded by separate instrument. 14. Frontage improvements shall be designed and constructed in accordance with City adopted standards and specifications including but not limited to decorative paver bands, street furniture, tree wells, trash containers, raised planters, etc. Paver bands along the back of curb or within the pedestrian plaza shall be stamped concrete pavement that matches the City adopted standard paver pattern and color. ☐ PWD B. Roadway Improvements 115 ITEM 4 | 3/6/2018 La Plaza Downtown Development PLN 2017-1649 / Z3 LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 15. Construction of the new driveway approach, northwesterly of Building A, requires removal of the existing driveway approach serving the adjacent northwesterly property. Vehicular access to this property shall be combined with the subject property. ☐ PWD 16. Pedestrian ramps on El Camino Real shall be constructed on each side of the street type entrance located between Buildings A and B. ☐ PWD 17. The southeasterly 20-feet of Atascadero Mall shall be extended southwesterly as a vehicular access drive to a point that provides adequate vehicular access to the adjacent southerly property, to the satisfaction of the City Engineer and Community Development Director. ☐ PWD 18. Improvement of Atascadero Mall northwesterly of the access drive and adjacent to the subject property shall be improved as a public plaza and shall include pedestrian channelization (including physical barriers such as raised planters, decorative fencing or short walls, planter islands, etc.) necessary to direct pedestrians exiting the pedestrian tunnel through the open plaza area, to the satisfaction of the City Engineer and Community Development Director. ☐ PWD 19. The applicant shall coordinate with the Regional Transit Authority regarding the relocation and modification to the existing bus shelter and bus stop. Final location shall be approved by the Regional Transit Authority and the City Engineer. ☐ PWD 20. Roadway signing, striping, and traffic signal modifications shall be in accordance with the California Manual on Uniform Traffic Control Devices (CA-MUTCD) and shall be designed and constructed to the satisfaction of the City Engineer. ☐ PWD C. Wastewater Collection System 21. The public gravity sewer system within the subject property shall be modified in accordance with City Standards and to the satisfaction of the City Engineer. The new sewer main system shall be offered to the public and shall include a 20-feet wide public sewer easement. The wastewater collection system shall be designed and constructed in accordance with City standards and specifications, to the satisfaction of the City Engineer. ☐ PWD 22. Gravity sanitary sewer (SS) mains shall terminate in manholes. ☐ PWD 23. The on-site sewer laterals shall be privately owned and maintained by individual lot owners. ☐ PWD 24. Each lot served by the wastewater collection system shall pay all sewer fees prior to the issuance of a building permit. ☐ PWD D. Stormwater 25. The project shall be designed and constructed in accordance with the post-☐ PWD 116 ITEM 4 | 3/6/2018 La Plaza Downtown Development PLN 2017-1649 / Z3 LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero construction storm water management regulations in accordance with City Standards and the State RWQCB Resolution R3-2013-0032. 26. Common drainage basins (serving multiple lots) shall be designed to desilt, detain and meter storm flows in accordance with City regulations. ☐ PWD 27. 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.  Minimum pipe diameter allowable on any storm drain within a roadway or road right-of-way shall be 18" diameter. A lesser size may be used for down drains on fill slopes if approved by the City Engineer.  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.  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.  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. ☐ PWD 28. Prior to approval of subdivision improvement plans, the project engineer shall provide calculations and a report confirming compliance with City regulations and the low-impact development requirements. ☐ PWD 29. When a Storm Water Operation - Maintenance Plan (OMP) is required for an individual lot or group of lots, the City Engineer can require the OMP to be recorded as an agreement against each property. 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. ☐ PWD 30. 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. ☐ PWD E. Easements 31. On-site easements for ingress, egress, pedestrian traffic, drainage, utilities, etc., shall be shown on the Parcel Map, or, created by separate documents to be approved by the City Engineer and City Attorney (as necessary) and recorded concurrently with the Parcel Map. ☐ PWD 32. Driveways serving more than one lot shall require an easement/maintenance agreement for ingress/egress, public & private utilities, and drainage, to the satisfaction of the City Engineer and ☐ PWD 117 ITEM 4 | 3/6/2018 La Plaza Downtown Development PLN 2017-1649 / Z3 LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Community Development Director. 33. Drainage 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 Parcel Map. ☐ PWD 34. 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. ☐ PWD 35. Easements that are not intended to continue in perpetuity shall not be shown on the Parcel Map and shall be recorded by separate instrument. ☐ PWD F. Utilities 36. New utility distribution systems and services shall be constructed underground, to the satisfaction of the City Engineer. ☐ PWD Each parcel shall be served with separate services for water, sewer, gas, power, telephone and cable TV. Utility laterals shall be located and constructed to each lot in accordance with City Standards and Standard Specifications. 37. The right of way abandonment shall exclude that portion of right of way between El Camino Real and the City’s property at Atascadero Mall as shown below: **END CONDITIONS** ☐ PWD 118 ITEM 4 | 3/6/2018 La Plaza Downtown Development PLN 2017-1649 / Z3 LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero EXHIBIT D – GRADING & DRAINAGE PLAN EXHIBIT E – UTILITY PLAN 119 ITEM 4 | 3/6/2018 La Plaza Downtown Development PLN 2017-1649 / Z3 LLC Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 120 ITEM 5 | 3/6/2018 Public Works Corp. Yard CUP 2005-0159 Amendment / City of Atascadero Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Atascadero Planning Commission Staff Report – Community Development Department Public Works Corp. Yard Cargo Containers (CUP 2005-0159 Amendment) RECOMMENDATION: Staff recommends Planning Commission approve PC Resolution 2018-A approving installation of cargo containers at the Public Works Corp. Yard at 8005 Ga barda, subject to findings and Conditions of Approval. Project Info In-Brief: A Conditional Use Permit is proposed in order to install cargo containers for storage at the Public Works Maintenance Yard. The Atascadero Municipal Code allows for two (2) or more cargo containers to be permitted through the Conditional Use Permit process. PROJECT ADDRESS: 8005 Gabarda Rd. Atascadero, CA APN 028-421-001 PROJECT PLANNER Callie Taylor Senior Planner 470-3448 ctaylor@atascadero.org APPLICANT City Public Works Department PROPERTY OWNER City of Atascadero GENERAL PLAN DESIGNATION: ZONING DISTRICT: SITE AREA EXISTING USE PROPOSED USE Public (P) Public (P) 75.4 ac. Public Works Corp Yard Two (2) new 40’ Cargo Containers for Storage ENVIRONMENTAL DETERMINATION ☐ Environmental Impact Report SCH: ___________________________ ☐ Negative / Mitigated Negative Declaration No. ___________ ☒ Categorical Exemption CEQA – Guidelines Section 15303 ☐ Statutory Exemption §§ 21000, et seq & ________________________ ☐ No Project – Ministerial Project 121 ITEM 5 | 3/6/2018 Public Works Corp. Yard CUP 2005-0159 Amendment / City of Atascadero Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero DISCUSSION: Existing Surrounding Uses / Parcel Configurations: Existing Zoning Existing Aerial / Surrounding North: South: East: West: Single-family Chalk Mountain Golf Course Salinas River Railroad tracks & Single-family Background: The City of Atascadero Public Works Corp. Yard and maintenance facilities are located at the end of Gabarda Road, adjacent to the W astewater Treatment Plant. In 2005, a Conditional Use Permit was approved by the Planning Commission to allow a 12,000 square foot office and maintenance building, paved parking areas, and vehicle shelters for City transit vehicles. In 2011, a 3,000 square foot bus shelter was constructed. A portion of the 75 acre City property overlays a cultural site of historical significance which has been mapped by archeologists an d capped in 1982 to protect the archeological site in place underground. Any new structures or underground utilities on the property are required to maintain a minimum one-foot buffer above the native soil within the boundaries of the archeological site. Analysis: The City is currently proposing to expand storage facilities at the Public Works Corp. Yard. Two existing cargo containers are located towards the center of the site and are used for storage. Two (2) additional 40 foot long by 10 foot wide cargo containers (800 sq. ft. total) are proposed to be placed adjacent to the bus barn. 122 ITEM 5 | 3/6/2018 Public Works Corp. Yard CUP 2005-0159 Amendment / City of Atascadero Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Site Plan / Aerial 40’ long cargo container 2 new 40’ long cargo containers proposed 2 existing cargo containers 123 ITEM 5 | 3/6/2018 Public Works Corp. Yard CUP 2005-0159 Amendment / City of Atascadero Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Atascadero Municipal Code Section 9-6.103 allows cargo containers to be used for accessory storage purposes when certain standards can be met. One (1) cargo container may be permitted on lots over one (1) acre in size, subject to Design Review Committee (DRC) review for neighborhood compatibility. Two (2) or more cargo containers require a minor Conditional Use Permit, subject to Planning Commission review for neighborhood compatibility. A building permit shall be issued and shall identify a foundation/anchoring system for the containers. 1. Neighborhood Compatibility The Municipal Code requires Planning Commission review when multiple cargo containers are proposed for a site in order to ensure that the containers are visually compatible with the site and surroundings. The subject site at 8005 Gabarda is a City maintenance facility and is developed with several very large metal buildings. The site includes wastewater treatment facilities and Public Works outdoor storage yard. The site is approximately 75 acres in size. The proposed cargo containers are located towards the center of the site, and will not be visible from adjacent properties. Staff has included a Condition of Approval which will allow future installation of additional cargo containers at the Public Works Corp. Yard, provided that a building permit is obtained to ensure anchoring and setbacks are maintained, and the containers are painted to match the existing buildings on site. 2. Archeological Site Protection The two cargo containers are proposed to be located just outside the south west boundary of cultural site SLO-834, which was discovered in 1977 and placed on the National Register of Historic Places. In 1982, 30,000 cubic yards of imported sterile fill soil was brought onsite to cap and protect the archeological site in place approximately three feet underground. In 2011, an archeological report and contour map were developed by doing test trenches to confirm the depth of the imported fill soil along the edges of SLO-834. The 2011 archeological report shows that approximately 18 to 24-inches of fill soil was placed above native soil along the south west edge of SLO-834. The archeological report states that future construction projects in this area will not have an adverse impact on the cultural site provided that all footings stay one foot above the native soil, as determined by the 2011 topographic maps and the 1979 cultural site boundaries. The proposed cargo containers will be placed on existing grade, with minimal site disturbance for the anchoring system. No site grading or excavation is being proposed; therefore, the placement of the cargo containers will not have an impact on cultural site SLO-834. 124 ITEM 5 | 3/6/2018 Public Works Corp. Yard CUP 2005-0159 Amendment / City of Atascadero Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ENVIRONMENTAL DETERMINATION: The proposed project is Categorically Exempt (Class 3) from the provisions of the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., “CEQA”) and CEQA Guidelines (Title 14 California Code of Regulations §§ 15000, et seq.) pursuant to CEQA Guidelines Section 15303 (New Construction or Conversion of Small Structures). This exemption is included in Attachment 3. FINDINGS: To approve the requested Conditional Use Permit, the Planning Commission must make the following findings. These findings , and the facts to support these findings, are included in the attached Resolution 2018-A. Conditional Use Permit (AMC Section 9-2.110(b).(3).(iv) 1. The proposed project or use is consistent with the General Plan; and, 2. The proposed project or use satisfies all applicable provisions of this title; 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, 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. ALTERNATIVES: 1. The Planning Commission may include modifications to the project and/o r Conditions of Approval for the project. Any proposed modifications including Conditions of Approval, should be clearly re-stated in any vote of the attached resolution. 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. 125 ITEM 5 | 3/6/2018 Public Works Corp. Yard CUP 2005-0159 Amendment / City of Atascadero Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 3. The Planning Commission may 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 on by the Planning Commission. ATTACHMENTS: 1. Site Aerial 2. Site Photographs 3. Draft Resolution 2018-A 126 ITEM 5 | 3/6/2018 Public Works Corp. Yard CUP 2005-0159 Amendment / City of Atascadero Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENT 1: Site Aerial CUP 2005-0159 Amendment, Cargo Containers for Storage at Public Works Corp. Yard 2 new 40’ long cargo containers 2 existing cargo containers 127 ITEM 5 | 3/6/2018 Public Works Corp. Yard CUP 2005-0159 Amendment / City of Atascadero Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENT 2: Site Photographs CUP 2005-0159 Amendment, Cargo Containers for Storage at Public Works Corp. Yard Existing office & maintenance buildings Existing bus barn Location of proposed cargo containers 128 ITEM 5 | 3/6/2018 Public Works Corp. Yard CUP 2005-0159 Amendment / City of Atascadero Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENT 3: Draft Resolution 2018-A CUP 2005-0159 Amendment DRAFT PC RESOLUTION 2018-A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA APPROVING MULTIPLE CARGO CONTAINERS CITY OF ATASCADERO 8005 GABARDA RD. (APN 028-421-001) (CONDITIONAL USE PERMIT 2005-0159 AMENDMENT) WHEREAS, an application has been received from the City of Atascadero, 6500 Palma Avenue, Applicant and Owner, to consider a Conditional Use Permit for multiple 40 foot long cargo containers on a 75.4 acre site located at 8005 Gabarda Road, Atascadero, CA 93422 (APN’s 028-421-001); and, WHEREAS, the site’s current General Plan Land Use Designation is Public (P); and, WHEREAS, the site’s current Zoning District is Public (P); and, WHEREAS, the proposed project qualifies for a Categorical Exemption consistent with CEQA Guidelines Section 15303: Construction or Conversion of Small Structures; and WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Conditional Use Permit was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said application; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on March 6, 2018, studied and considered amendment to CUP 2005-0159; 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 Conditional Use Permit: SECTION 1. Findings of Environmental Exemption. The Planning Commission finds as follows: View from Palomar Ave Existing 360 sf structures and creek channel 129 ITEM 5 | 3/6/2018 Public Works Corp. Yard CUP 2005-0159 Amendment / City of Atascadero Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 1. The proposed project is Categorically Exempt (Class 3) from the provisions of the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., “CEQA”) and CEQA Guidelines (Title 14 California Code of Regulations §§ 15000, et seq.) CEQA pursuant to CEQA Guidelines Section 15303, for new construction of small structures including accessory structures. A Notice of Determination is included as Exhibit A. SECTION 2. Findings for approval of Conditional Use Permit. The Planning Commission finds as follows: 1. The proposed project or use is consistent with the General Plan; and Fact: The proposed accessory structures (cargo containers) are incidental storage structures which are secondary to the primary use of the site as a City facility for Public Works maintenance and operations. The storage use is consistent with the General Plan Public land use designation and all applicable policies. 2. The proposed project or use satisfies all applicable provisions of this title; and Fact: The proposed cargo containers are consistent with the applicable provisions of the Atascadero Municipal Code with the approval of the subject entitlement. The Atascadero Municipal Code allows for the installation of two (2) or more cargo containers on sites over one (1) acre with the approval of a minor Conditional Use Permit. 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 Fact: The establishment of cargo containers as incidental structures at the Public Works corp. yard will not be detrimental to the public health, safety, or welfare. The subject site is a City maintenance and storage facility which is approximately 75 acres in size and can accommodate the proposed storage buildings without impacting property or improvements in the vicinity of the use. 4. The proposed project or use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development; and Fact: The proposed cargo containers are located towards the center of a 75 acre City maintenance facility. The containers will not be visible from offsite. The storage containers are consistent with the Public Works corp. yard uses and architecture, including the surrounding storage, office and maintenance facilities. The required finding for neighborhood compatibility can be made to allow multiple cargo containers on the subject site. 130 ITEM 5 | 3/6/2018 Public Works Corp. Yard CUP 2005-0159 Amendment / City of Atascadero Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 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. Fact: The proposed storage use will not increase traffic at the existing facility. SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on March 6, 2018 resolved to approve the Conditional Use Permit subject to the following: EXHIBIT A: Notice of Exemption EXHIBIT B: Conditions of approval EXHIBIT C: Site Plan EXHIBIT D: Elevations, colors On motion by ___________________, and seconded by ___________________, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: () NOES: () ABSTAIN: () ABSENT: () ADOPTED: CITY OF ATASCADERO, CA ______________________________ Jerel Seay Planning Commission Chairperson Attest: ______________________________ Phil Dunsmore Planning Commission Secretary 131 ITEM 5 | 3/6/2018 Public Works Corp. Yard CUP 2005-0159 Amendment / City of Atascadero Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Exhibit A Notice of Exemption 132 ITEM 5 | 3/6/2018 Public Works Corp. Yard CUP 2005-0159 Amendment / City of Atascadero Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Exhibit B Conditions of Approval CUP 2005-0159 Amendment Cargo Containers at Public Works Corp Yard 8005 GABARDA RD. 028-421-001 The following conditions of approval apply to the project referenced above. The conditions of approval are grouped under specific headings that relate to the timing of required compliance. Additional language within a condition may further define the timing of the required compliance. A. The following conditions shall be satisfied prior to the issuance of the any BUILDING PERMIT, or at the time specified in the condition. 1. Building permit(s) shall be required for all cargo containers 120 square-feet or greater, and for any roof structure connecting the containers. Building permits shall include the following information at minimum:  Construction details of the footing, anchoring or foundation beneath the cargo containers  If electrical and climate control are being provided to the structures, this shall be included with the building permit information  Site plan showing setbacks to existing structures and proximity to the boundaries of cultural site SLO-834 2. Footing, foundation, or anchoring system shall be designed to avoid impacts to the underground cultural site, as outlined in the 2011 Archeological Report by Bruce Gibson. A minimum one foot buffer shall be maintained to native soil. 3. If new impervious areas exceed 1000 sq. ft., a drainage plan is required per Municipal Code section 9-4.149.b. B. The following conditions shall be applied to the project IN PERPETUITY until such time that the use is extinguished. 4. The entitlement described at the location per this resolution is determined to be vested with the property upon issuance of a building permit. 5. Approval of this entitlement shall be final and effective consistent with Atascadero Municipal Code (AMC) section 9-1.111 seq. et. al. 6. Project construction shall be in accordance with provided Exhibit(s) and conditions, adopted with this Resolution. If the cargo containers are painted or a roof structure is added, the colors shall match the existing buildings on site, 133 ITEM 5 | 3/6/2018 Public Works Corp. Yard CUP 2005-0159 Amendment / City of Atascadero Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero including beige walls and green roofs. Roof structures shall be constructed of metal to match existing buildings. 7. Additional cargo containers may be permitted on the subject site in the future, without additional Planning Commission review, provided that a building permit is obtained and the containers are painted to match existing buildings. 134 ITEM 5 | 3/6/2018 Public Works Corp. Yard CUP 2005-0159 Amendment / City of Atascadero Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Exhibit C Site Plan 2 new 40’ long cargo containers proposed 2 existing cargo containers 135 ITEM 5 | 3/6/2018 Public Works Corp. Yard CUP 2005-0159 Amendment / City of Atascadero Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Exhibit D Elevations & Colors If cargo containers are painted or roof structure is added, they shall match existing buildings: tan walls & green roof 136