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Home My WebLink AboutPC_2019-10-15_AgendaPacket WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan this QR Code with your smartphone to view the Planning Commission Website. CITY OF ATASCADERO PLANNING COMMISSION AGENDA REGULAR MEETING Tuesday, October 15, 2019 6:00 P.M. City Hall Council Chambers 6500 Palma Avenue, 4th Floor Atascadero, California 93422 CALL TO ORDER Pledge of Allegiance Roll Call: Chairperson Tom Zirk Vice Chairperson Mark Dariz Commissioner Duane Anderson Commissioner Tori Keen Commissioner Michael Shaw Commissioner Jeff van den Eikhof 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. DRAFT MINUTES OF OCTOBER 1, 2019  Recommendation: Commission approve the October 1, 2019 Minutes. 2. APPROVAL OF TIME EXTENSION FOR 2055 EL CAMINO REAL (TEX19- 0068) WALMART  Recommendation: Commission approve the time extension with conditions. City of Atascadero Planning Commission Agenda Regular Meeting, October 15, 2019 Page 2 of 3 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan this QR Code with your smartphone to view the Planning Commission Website. COMMUNITY DEVELOPMENT STAFF REPORTS None PUBLIC HEARINGS (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). 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 dis qualify 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. 3. PLANNED DEVELOPMENT FOR 7900 CURBARIL AVE. The proposed project is a Planned Development for the construction of four detached single-family residential homes on an existing undeveloped property.  Ex-Parte Communications:  Recommendation: Approve the project with conditions. (DEV18-0124) COMMISSIONER COMMENTS AND REPORTS DIRECTOR’S REPORT ADJOURNMENT The next regular meeting will be held on November 5, 2019, at 6:00 p.m. 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, October 15, 2019 Page 3 of 3 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan this QR Code with your smartphone to view the Planning Commission Website. City of Atascadero WELCOME TO THE ATASCADERO PLANNING COMMISSION MEETING The Planning Commission meets in regular session on the first and third Tuesday of each month at 6:00 p.m. at City Hall, Council Chambers, 6500 Palma Avenue, Atascadero. Matters are considered by the Commission in the order of the printed Agenda. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the Community Development Department and are available for public inspection during City Hall business hours at the Front Counter of City Hall, 6500 Palma Avenue, Atascadero, and on our website, www.atascadero.org. All documents submitted by the public during Commission meetings that are either read into the record or referred to in their statement will be noted in the minutes and available for review in the Community Development Department. Commission meetings are audio recorded, and may be reviewed by the public. Copies of meeting recordings are available for a fee. Contact the City Clerk for more information (470-3400). In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager’s Office or the City Clerk’s Office, both at (805) 470-3400. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, “PUBLIC COMMENT”, the Chairperson will call for anyone from the audience having business with the Commission to approach the lectern and be recognized. 1. Give your name for the record (not required) 2. State the nature of your business. 3. All comments are limited to 3 minutes. 4. All comments should be made to the Chairperson and Commission. 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present. This is when items not on the Agenda may be brought to the Commission’s attention. A maximum of 30 minutes will be allowed for Public Comment Portion (unless changed by the Commission). TO SPEAK ON AGENDA ITEMS (from Title 2, Chapter 1 of the Atascadero Municipal Code) Members of the audience may speak on any item on the agenda. The Chairperson will identify the subject, staff will give their report, and the Commission will ask questions of staff. The Chairperson will announce when the public comment period is open and will request anyone interested to address the Co mmission regarding the matter being considered to step up to the lectern. If you wish to speak for, against or comment in any way: 1. You must approach the lectern and be recognized by the Chairperson. 2. Give your name (not required). 3. Make your statement. 4. All comments should be made to the Chairperson and Commission. 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present. 6. All comments limited to 3 minutes. If you wish to use a computer presentation to support your comments, you must notify the C ommunity Development Department at 470-3402 at least 24 hours prior to the meeting. Digital presentations brought to the meeting should be on a USB drive or CD. You are required to submit to the Recording Secretary a printed copy of your presentation for the record. Please check in with the Recording Secretary before the meeting begins to announce your presence and turn in the printed copy. The Chairperson will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Commission. PC Draft Minutes of 10/1/19 Page 1 of 5 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting – Tuesday, October 1, 2019 – 6:00 P.M. City Hall Council Chambers 6500 Palma Avenue, Atascadero, California CALL TO ORDER - 6:00 p.m. Vice Chairperson Dariz called the meeting to order at 6:05 p.m. and Commissioner Wolff led the Pledge of Allegiance. ROLL CALL Present: Commissioners Keen, Wolff, van den Eikhof, and Vice Chairperson Dariz Absent: Commissioner Anderson (excused absence) Commissioner Shaw (excused absence) Chairperson Zirk (excused absence) Others Present: Recording Secretary, Annette Manier Staff Present: Community Development Director, Phil Dunsmore Senior Planner, Kelly Gleason John Holder, Associate Planner APPROVAL OF AGENDA MOTION: By Commissioner Wolff and seconded by Commissioner van den Eikhof to approve the Agenda. Motion passed 4:0 by a roll-call vote. PUBLIC COMMENT None. Vice Chairperson Dariz closed the Public Comment period. ITEM NUMBER: 1 DATE: 10-15-19 1 PC Draft Minutes of 10/1/19 Page 2 of 5 CONSENT CALENDAR 1. DRAFT MINUTES OF SEPTEMBER 3, 2019  Recommendation: Commission approve the September 3, 2019 Minutes. MOTION: By Commissioner Wolff and seconded by Commissioner van den Eikhof to approve the Consent Calendar. Motion passed 4:0 by a roll-call vote. COMMUNITY DEVELOPMENT STAFF REPORTS Discuss status of Time Extension for Walmart site. (TEX19-0068) Director Dunsmore stated that staff is in discussion with Walmart on this topic. We will be coming back with a recommendation with conditions on October 15, 2019. PUBLIC HEARINGS (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).) 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. 2. TENTATIVE PARCEL MAP FOR 9040 SAN DIEGO ROAD AND 9081 LA PAZ The proposed project is to subdivide one residential parcel into two residential parcels.  Ex-Parte Communications:  Recommendation: Approve the project with conditions. (SBDV19-0024) EX-PARTE COMMUNICATIONS None. Planner Gleason presented the staff report and answered questions from the Commission. 2 PC Draft Minutes of 10/1/19 Page 3 of 5 PUBLIC COMMENT The following members of the public spoke during public comment: A. J. Whitaker. Vice Chairperson Dariz closed the Public Comment period. Staff addressed questions from the Commission. MOTION: By Commissioner van den Eikhof and seconded by Commissioner Keen to adopt PC Resolution 2019- A approving Tentative Parcel Map AT19-0017 (SBDV19-0024) to subdivide one residential parcel into two residential parcels . Motion passed 4:0 by a roll-call vote 3. ROAD ABANDONMENT FOR 12215 CENEGAL ROAD/SAN CAYETANO RD. The proposed project is a road abandonment of a portion of San Cayetano Road located along the southwesterly property line of 12215 Cenegal Road.  Ex-Parte Communications:  Recommendation: Planning Commission adopt PC Resolution approving the Road Abandonment. (RAB19-0015) EX-PARTE COMMUNICATIONS None. Planner Holder presented the staff report and there were no questions from the Commission. PUBLIC COMMENT The following members of the public spoke during public comment: Claudia Berkman. Vice Chairperson Dariz closed the Public Comment period. Staff answered questions from the Commission. MOTION: By Commissioner Wolff and seconded by Commissioner van den Eikhof to adopt PC Resolution 2019-A recommending the City Council summarily vacate an unconstructed portion of right-of-way based on findings consistent with the State of California Streets and Highways Code and the City’s General Plan (RAB19-0015). Motion passed 4:0 by a roll-call vote 3 PC Draft Minutes of 10/1/19 Page 4 of 5 4. PLANNED DEVELOPMENT FOR 4711 EL CAMINO REAL The proposed project is a Planned Development, which includes 26 detached one and two-story single-family micro-homes and a four story mixed use/live- work building.  Ex-Parte Communications:  Recommendation: Planning Commission adopt PC Resolution approving the Planned Development (DEV19-0049) EX-PARTE COMMUNICATIONS Vice Chairperson Dariz heard this item at the DRC. Planner Gleason presented the staff report and answered questions from the Commission. Planner Gleason stated that the item would need final approval from the City Council. PUBLIC COMMENT The following members of the public spoke during public comment: Ted Lawton, Cal Coastal Properties, and Eddie Herrera, RRM Design Group. Mr. Lawton stated for the record, that with respect to the deed restrictions, it would be an equity sharing agreement with the City on the three units for up to 30-years, or the 1st sale of that unit, and then the proceeds would be split with the City. Vice Chairperson Dariz closed the Public Comment period. Eddie Herrera and Ted Lawton answered questions from the Commission. Staff answered questions from the Commission, and Ms. Gleason explained the State equity program. MOTION: By Commissioner Keen and seconded by Commissioner Wolff to adopt PC Resolution 2019- A recommending the City Council approve Title 9 Zone Text Amendments to the Planned Development Overlay Zone #27 (PD-27), based on findings (DEV19-0049). Motion passed 4:0 by a roll-call vote MOTION: By Commissioner Keen and seconded by Commissioner Wolff to adopt PC Resolution 2019- B recommending the City Council approve a Conditional Use Permit (Master Plan of Development) and Vesting Tentative Tract Map (Tract 3141) based on findings, and subject to Conditions of Approval. Motion passed 4:0 by a roll-call vote 4 PC Draft Minutes of 10/1/19 Page 5 of 5 COMMISSIONER COMMENTS AND REPORTS None. DIRECTOR’S REPORT Community Development Director stated that the next meeting will be on October 15, 2019, and went over agenda items. Director Dunsmore discussed the potential upcoming training dates. We are now hoping to incorporate training into our normal meeting date, possibly in November . Director Dunsmore responded to Commissioners who stated that Scott Newton, applicant for the mini-storage project has been reaching out to Commissioners and Council in regards to the site. ADJOURNMENT – 7:06 p.m. The next Regular meeting of the Planning Commission is scheduled for October 15, 2019, at City Hall, Council Chambers, 6500 Palma Avenue, Atascadero. MINUTES PREPARED BY: ____________________________ Annette Manier, Recording Secretary Administrative Assistant 5 ITEM 2 | 10/15/2019 Del Rio Road Specific Plan PLN 2007-1245 / Walmart 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 Vesting Tentative Parcel Map Time Extension PLN 2007-1245 (TEX 19-0068) RECOMMENDATION(S): Staff recommends Planning Commission adopt Resolution PC 2019-A, approving a one- year time extension of Vesting Tentative Parcel Map 2009-0095 (AT 09-0073) in compliance with Sections 11-4.23(a) and 11-4.33(b) of the Subdivision Ordinance (Title 11). Project Info In-Brief: PROJECT ADDRESS: 2055 El Camino Real Atascadero, CA APN 049-112-002, 018, 019, 022, 036, 039, 049-151-005, 036, 037, 040, 041 PROJECT PLANNER Phil Dunsmore, AICP Community Dev. Director 805-470- 3488 pdunsmore@atascadero.org APPLICANT Matthew Wm. Nelson, Gresham Savage, 550 E Hospitality Lane, St 300 San Bernardino, CA 92408 PROPERTY OWNER Walmart Stores, INC, 2001 S.E 10th Street, Bentonville, AR 72716-0550 GENERAL PLAN DESIGNATION: ZONING DISTRICT: SITE AREA EXISTING USE PROPOSED USE General Commercial (GC) Commercial Retail (CR) / SP-2 26.2 acres Vacant / House General Retail ENVIRONMENTAL DETERMINATION ☒ Environmental Impact Report SCH: 2010051034 ☐ Negative / Mitigated Negative Declaration No. ___________ ☐ Categorical Exemption CEQA – Guidelines Section 153____ ☐ Statutory Exemption §§ 21000, et seq & ________________________ ☐ No Project – Ministerial Project 6 ITEM 2 | 10/15/2019 Del Rio Road Specific Plan PLN 2007-1245 / Walmart 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 Retail (CR) / SP- 2 Residential Multi- Family (RMF-20) / Residential Suburban (RS) Residential Suburban (RS) Commercial Park (CPK) / Planned Development Overlay Background: The Del Rio Road Commercial Area Specific Plan was adopted on July 12, 2012. It included two components; a Walmart component and an “Annex” component. On the Walmart portion of the site, the approval included a Vesting Tentative Parcel Map that resulted in a 4-lot subdivision for the southwest corner of Del Rio Road and El Camino Real. The 4-lot map accommodates a large retail site, two smaller commercial lots, and a lot for multi-family housing. Walmart is not going to move forward with completing the necessary improvements that are required in order to record a final map on this site, nor does Walmart intend to develop this site with a retail store. Instead, Walmart is actively pursuing listing the property for sale. Approving this map extension may assist in maintaining some assurance that a similar project can be developed on this site. However, whether or not the map is still in effect, the Specific Plan that outlines the scope of the project, and the retail zoning, will remain in place. A future owner can then continue to develop the site consistent with the Del Rio Specific Plan. 7 ITEM 2 | 10/15/2019 Del Rio Road Specific Plan PLN 2007-1245 / Walmart Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Analysis: The Subdivision Map Act mandates an initial two -year life and, by local ordinance, the City may extend the time at which the map expires in one year increments not to exceed a total of five years (these are discretionary extensions). The application for the extension must be filed prior to the expiration date. In 2013, the State passed Assembly Bill 116 (AB 116) that granted an automatic two year extension to all active maps. Based on the limitations of the Subdivision Map Act, the map may be eligible for future extensions as this is the third discretionary extension and up to five may be allowed. Map History: Approval Expiration Original Approval 7/12/2012 7/12/2014 Automatic Extension (AB 116) 7/11/2013 7/12/2016 PC Extension (in lieu of Director) 8/16/2016 7/12/2017 PC Extension 6/28/2017 7/12/2018 PC extension 2018 7/12/2019 Proposed PC Extension 10/15/2019 7/12/2020 The Planning Commission has discretion on whether they want to extend the map, or they can defer the decision to the City Council. The Commission or City Council may also decide whether project conditions should be added, modified, or deleted. In this case, staff is recommending one additional time extension for 12 months beyond the expiration date of July 12, 2019, subject to conditions. Recommended conditions include the following: 1. Walmart continues to move forward with a development project on the site , or continues to move forward to actively seek sale of the property to another owner with similar development interests. 2. Walmart maintains the project site in good order, free of trash , debris, and weeds, including the removal of dead trees and excessive fire fuel. 3. Walmart applies for demolition permits and removes the abandoned structure (residence) on the site within 6 months of time extension ap proval (prior to April 15, 2020. This condition is already a condition of the approved tentative map, Condition #27. 4. Walmart removes temporary fencing at the perimeter of the site. Conclusion: The applicant is working toward sale of the property to ensure completion of project improvements consistent with the approved tentative parcel map. However, some factors have changed to warrant reconsideration of project conditions. The factor that has changed includes interest in this property by other owners and the continued assurance that Walmart does not intend to utilize this site for a Walmart store. Staff recommends the Planning Commission approve the Time Extension with conditions as requested. 8 ITEM 2 | 10/15/2019 Del Rio Road Specific Plan PLN 2007-1245 / Walmart Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ENVIRONMENTAL DETERMINATION: This project is a necessarily included element of the proje cts considered in Final EIR SCH #2010051034, certified by the City Council on June 26, 2012, which adequately addressed the effects of the proposed project. No substantial changes have been made in the project, no substantial changes in the circumstances under which the project is being undertaken and no new information of substantial importance to the project , which was not known or could not have been known when the Final EIR No. 2010051034 was certified, has become known. Therefore, no further environmental review is required. FINDINGS: A Vesting Tentative Tract Map was approved as part of the project consistent with the Del Rio Road Commercial Area Specific Plan. The Vesting Tentative Parcel Map was conditioned to meet all City standards including on-site and off-site street improvements. Time Extension Findings The following are required findings that must be made by the Planning Commission to extend VTPM 2009-0095 (AT 2009-0073), consistent with Section 9-2.117 of the Atascadero Municipal Code. 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)); 2. There have been no changes in the character of the site or its surroundings which affect how the standards of the General Plan or zoning regulations apply to the project (AMC 9-2.117(a)(2)). ALTERNATIVES: 1. The Commission may approve the Time Extension subject to additional or revised project conditions. 2. The Commission may deny the Time Extension if it is found to be inconsistent with the General Plan or any of the other required findings. The Commission’s motion to deny must include a finding basis for denial. 3. The Commission may continue the hearing and refer the item back to staff for additional information or analysis. Direction should be given to staff and the applicant on required information. ATTACHMENTS: 1. AT 2009-0073 2. Conditions of Approval TPM 2009-0095 3. Draft Resolution 2019 9 ITEM 2 | 10/15/2019 Del Rio Road Specific Plan PLN 2007-1245 / Walmart Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENT 1: AT 2009-0073 10 ITEM 2 | 10/15/2019 Del Rio Road Specific Plan PLN 2007-1245 / Walmart Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENT 2: Conditions of Approval – VTPM 2009-0095 PLN 2007-1245 Conditions of Approval TPM 2009-0095 (Walmart Map) Vesting Tentative Parcel Map (Del Rio Road Commercial Area Specific Plan) Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map 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 Planning Services 1. This Vesting Tentative Map (TPM 2009-0095) is for the reconfiguration of eleven (11) lots of record into four (4) legal lots of record described on the attached exhibits and shall apply to the APNs 049-112-002, 018, 019, 022, ,036, 039, 049-151-005, 036, 037, 040, 041 regardless of owner. FM PS 2. The approval of this vesting tentative parcel map shall become final and effective for the purposes of issuing building permits fourt een (14) days following City Council approval of TPM 2009 -0095 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. On-Going PS 3. Approval of this Vesting Tentative Map 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 or a time extension has been granted. FM PS 4. 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 5. 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 pursuant to the terms set forth in the Indemnity and Reimbursement Agreement entered into by and between the City of Atascadero and Wal-Mart Stores, Inc. on May 10, 2011. FM PS 6. The parcel map shall be subject to additional fees for park or recreation purposes (QUIMBY Act) as required by City Ordinance. FM PS 7. 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 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, BP PS 11 ITEM 2 | 10/15/2019 Del Rio Road Specific Plan PLN 2007-1245 / Walmart Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Conditions of Approval TPM 2009-0095 (Walmart Map) Vesting Tentative Parcel Map (Del Rio Road Commercial Area Specific Plan) Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map 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 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, as shown in Exhibit B. Exception: new collector street located south of Walmart store within the Specific Plan area will be maintained by the City of Atascadero. b) All landscaping and lighting within the proposed project area as shown in Exhibit B. c) All creeks, flood plains, floodways, wetlands, and riparian habitat areas that may be within the boundaries shown in Exhibit B. d) Property line walls, fences, retaining walls, solid waste storage areas, signs, slopes, and parking lots within the boundaries shown in Exhibit b. e) Open areas on private property within the proposed project area including detention facilities, bio-swales, and other low-impact- development features as shown in Exhibit B. f) Newly constructed drainage facilities on private property within the proposed project area as shown in Exhibit B. g) Landscaped frontages within the right-of-way of all public streets within the defined specific plan boundary. h) On-site sewer and storm drains located outside of the right-of- way. 8. Prior to final map, the applicant shall submit CC&Rs for review and approval by the Community Development Department. The CC&R’s shall record with the Final Map and shall include the following: a) Provisions for maintenance of all common areas including parking lot, landscape areas, free standing signs, lighting and solid waste storage. b) Provisions for the shared use of parking areas, drive aisles, walkways and solid waste storage. c) Maintenance of on-site sewer and storm drainage systems. d) Ensuring compliance with the Specific Plan Master Plan of Development. BP PS 12 ITEM 2 | 10/15/2019 Del Rio Road Specific Plan PLN 2007-1245 / Walmart Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Conditions of Approval TPM 2009-0095 (Walmart Map) Vesting Tentative Parcel Map (Del Rio Road Commercial Area Specific Plan) Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map 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 e) Standards for the design, maintenance and appearance of buildings, signs, common areas and parking lots. f) A provision for review and approval by the City Community Development Department for any changes to the CC&R’s that relate to the above requirements prior to the changes being recorded or taking effect. 9. All subsequent Tentative Maps and improvements shall be consistent with the Del Rio Road Commercial Area Specific Plan Master Plan of Development. FM PS, CE 10. Concurrently with recordation of Final Map, the applicant shall report all necessary reciprocal easements for parking, vehicular access, solid waste storage, pedestrian access among all lots within the project boundary. Reciprocal access easements shall be provided to all contiguous off-site commercial parcels consistent with the Del Rio Road Commercial Area Specific Plan. FM PS, CE Fire Department 11. Prior to occupancy of the first building, the applicant shall paint curbs red with white lettering every 50 feet stating “No Parking– Fire Lane” along all driveways with a curb-to-curb width of less than 34-feet. This shall be shown on all applicable plans prior to issuance of first building permit City Engineer / Public Works Specific Project Conditions PUBLIC IMPROVEMENTS 12. All public improvements shall be installed prior to recordation of a Final Map to insure orderly development of the surrounding area consistent with section 66411.1(b)(2) of the Subdivision Map Act. In the event that the applicant bonds for the public improvements required as a condition of the Final Parcel Map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council prior to recordation of the Final Map. (Map Act 66462.5(a)(1)) GP, BP, FM CE 13. 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. The engineer’s estimate of probable cost shall use the County of San Luis Obispo Standard Costs for Public Works Engineering or other estimate acceptable to the City Engineer. GP, BP, FM CE 14. Prior to recordation of the Final Parcel Map, the applicant shall enter into an agreement to complete the off-site improvements FM CE 13 ITEM 2 | 10/15/2019 Del Rio Road Specific Plan PLN 2007-1245 / Walmart Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Conditions of Approval TPM 2009-0095 (Walmart Map) Vesting Tentative Parcel Map (Del Rio Road Commercial Area Specific Plan) Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map 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 required as a condition of the Final Map and the Subdivision Improvement Agreement, at such time the City acquires a title interest in the land that will permit the improvements to be made. (Map Act 66462.5(c)) 15. The Subdivision Improvement Agreement shall record concurrently with the Final Map FM CE PARCEL MAPS 16. Prior to recording the Final Parcel Map, the applicant shall file a Final map drawn in substantial conformance with the approved Vesting Tentative Parcel Map, all applicable Mitigation Measures requirements 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 17. The applicant shall secure, at the applicant's expense, sufficient title, or interest in land to permit construction of any off-site improvements that the applicant is required to construct. a. If the applicant is unable to acquire sufficient title or interest to permit construction of the required off-site improvements, the applicant shall notify the City of this inability not less than six months prior to approval of the Parcel Map. In such case, the City may thereafter acquire sufficient interest in the land, which will permit construction of the off-site improvements by the applicant. b. The applicant shall pay all of the City's costs of acquiring said off-site property interests pursuant to Government Code Section 66462.5 et. seq. Applicant shall pay such costs irrespective of whether the Parcel Map is recorded or whether a reversion occurs. The cost of acquisition may include, but is not limited to, acquisition prices, damages, engineering services, expert fees, title examination, appraisal costs, acquisition services, relocation assistance services and payments, legal services and fees, mapping services, document preparation, expenses, and/or damages as provided under Code of Civil Procedures Sections 1268.510-.620 and overhead. c. The applicant agrees that the City will have satisfied the 120- day limitation of Government Code Section 66462.5 and the foregoing conditions relating thereto when it files its eminent domain action in superior court within said time. d. At the time the applicant notifies the City as provided in “B” hereinabove, the applicant shall simultaneously submit to the City in a form acceptable to the City all appropriate appraisals, FM CE 14 ITEM 2 | 10/15/2019 Del Rio Road Specific Plan PLN 2007-1245 / Walmart Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Conditions of Approval TPM 2009-0095 (Walmart Map) Vesting Tentative Parcel Map (Del Rio Road Commercial Area Specific Plan) Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map 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 engineering specifications, legal land descriptions, plans, pleadings, and other documents deemed necessary by the City to commence its acquisition proceedings. Said documents must be submitted to the City for preliminary review and comment at least 30 days prior to the applicant's notice described hereinabove at “B”. e. The applicant agrees to deposit with the City, within five days of request by the City, such sums of money as the City estimates to be required for the costs of acquisition. The City may require additional deposits as needed. f. The applicant shall execute any agreements mutually agreeable prior to approval of the Parcel Map as may be necessary to assure compliance with the foregoing conditions. Failure by the applicant to notify the City as required by “b” hereinabove, or simultaneously submit the required and approved documents specified in “e” hereinabove, or make the deposits specified in “f” hereinabove, shall constitute applicant's waiver of the requirements otherwise imposed upon the City to acquire necessary interests in land pursuant to Section 66462.5. In such event, subdivider shall meet all conditions for installing or constructing off-site improvements notwithstanding Section 66462.5. 18. Concurrent with Final Parcel Map approval, the applicant shall record a reciprocal access easement and maintenance agreement for all shared driveways and drive isles within the project site as well as adjacent commercial lots, as required by the City Engineer and/or the Del Rio Road Commercial Area Specific Plan. FM CE 19. A preliminary subdivision guarantee shall be submitted for review in conjunction with the processing of the Vesting Tentative Parcel Map. A final subdivision guarantee is required prior to Final Parcel Map approval. FM CE 20. The Final Parcel Map shall be acceptable to the City Engineer or Surveyor prior to the map being placed on the agenda for City Council acceptance. FM CE 21. Prior to recording the Final Parcel map, the applicant shall pay all outstanding plan check or inspection fees. FM CE 22. Prior to recording the parcel map, the applicant shall submit a copy of a valid San Luis Obispo County tax bond FM CE 23. Prior to City Surveyor or Engineer approval of the Final Parcel Map, the applicant shall dedicate all necessary right-of-ways, storm drain easements, sewer easements, or other public utility easements by the map or separate documents. FM CE 15 ITEM 2 | 10/15/2019 Del Rio Road Specific Plan PLN 2007-1245 / Walmart Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Conditions of Approval TPM 2009-0095 (Walmart Map) Vesting Tentative Parcel Map (Del Rio Road Commercial Area Specific Plan) Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map 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 24. Prior to recording the Final Parcel map, the applicant shall bond for or 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. If the property corners are not set prior to map recordation, the applicant shall bond the property corner installation. FM CE 25. All existing and proposed utility, pipeline, open space, or other easements are to be shown on the Final Parcel map. If there are building or other restrictions related to the easements, they shall be noted on the Final Parcel map. The applicant shall show all access restrictions on the Final Parcel map. FM CE 26. Prior to approval of the Final Parcel map by the City Council, 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(s) shall be submitted to the City. New easements shall be shown on the Final Parcel map. FM CE 27. Prior to Final Parcel Map approval by the City Council, the applicant shall remove existing structures from each lot. FM CE 28. Prior to Final Parcel Map approval applicant shall quitclaim or relocate any easement in conflict with proposed structures or other obstruction(s), as required by the City Engineer. FM CE 29. A Lighting and Landscape District funding mechanism to provide for the maintenance for lighting, medians, special paving surfaces, storm drain, and hardscape shall be provided and accepted by the City Engineer prior to Final Parcel Map recordation. FM CE OFFSITE IMPROVEMENT PLANS 30. Prior to the issuance of an encroachment permit(s) for construction of any offsite improvements, the applicant(s) shal l submit plans and supporting calculations/reports including street improvements, underground utilities, composite utilities, traffic control and grading/drainage plans prepared by a registered civil engineer for review and approval by the City Engineer. The Submitted plans shall be in conformance with the requirements of the Vesting Tentative Map, City Standard Specifications and Drawings and Specific Plan. GP, BP CE 31. Prior to the issuance of any onsite improvement Building Permit, the on-site public improvements shall be designed in accordance with the Vesting Tentative Parcel Map, Specific Plan, City GP, BP CE 16 ITEM 2 | 10/15/2019 Del Rio Road Specific Plan PLN 2007-1245 / Walmart Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Conditions of Approval TPM 2009-0095 (Walmart Map) Vesting Tentative Parcel Map (Del Rio Road Commercial Area Specific Plan) Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map 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 Engineering Specifications and Drawings or as required by the City Engineer. 32. All offsite and onsite public improvements shall be constructed in conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as required by the City Engineer GP, BP CE 33. The project shall include construction of all vehicular lanes, curbs, gutters and sidewalks along entire frontage as shown on the Master Plan of Development, Specific Plan, or Vesting Tentative Parcel map. GP, BP CE 34. Prior to issuance of encroachment permits for public improvements (Street, Sewer, Storm Drain, Water), the applicant, by written agreement with the City Engineer, shall guarantee installation of the improvements through faithful performance bonds, letters of credit or any other acceptable means. Building final shall be withheld if the improvements are not completed. The faithful performance bonds/letters of credit/or other financial means shall include an inflation factor that is satisfactory to the City Engineer. EP CE 35. El Camino Real shall be shown on the Final Parcel Map as an arterial street with a minimum right of way half width of 50-feet, per City Standard Drawing No. 407. The applicants shall acquire and dedicate to the City the right-of-way required for all street improvements as identified in the Final Environmental Impact Report Traffic Study, the Vesting Tentative Map, and Specific Plan. The Applicant shall provide sufficient right of way to convert the intersection at Del Rio Road/El Camino Real to a modern roundabout. The roundabout will require an inscribed diameter of approximately 160 feet and will include a combination of single and dual circulating lanes. Single-lane approaches are required for the southbound and westbound entrances. The northbound approach shall include a dual-lane entry with a left-only lane and a shared through/right-turn lane. The eastbound approach shall include a shared through/left-turn lane and a 125-foot long right- turn lane. Travel lanes shall be a minimum of twelve foot wide. The roundabout shall include facilities for pedestrians and bicyclists The applicants shall design the roundabout in conformance with the conceptual plan is shown in Figure 3 of the Del Rio Road Area Specific Plan Transportation Impact Analysis for the City of Atascadero February 6, 2012. The Applicant is responsible for all frontage improvement costs. FM CE 36. Prior to recordation of the Final Parcel Map, The applicant shall revise the unnamed public street and El Camino Real signalization plans to include bicycle loop detectors and dedicated FM PS, CE 17 ITEM 2 | 10/15/2019 Del Rio Road Specific Plan PLN 2007-1245 / Walmart Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Conditions of Approval TPM 2009-0095 (Walmart Map) Vesting Tentative Parcel Map (Del Rio Road Commercial Area Specific Plan) Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map 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 left turn lanes for all directions of traffic. The signal shall be installed prior to Walmart building final. Walmart shall pay all costs associated with the signal’s installation. 37. Del Rio Road shall be shown on the Final Parcel Map as a collector street with a minimum width of 60-feet, per City Standard Drawing No. 406. Del Rio Road shall be designed to include a center turn lane into the Walmart and Annex sites as well as Obispo Road. FM CE 38. The unnamed public road at the south end of the Walmart site shall be shown on the Final Parcel Map as a collector street with a minimum width of 60-feet, per City Standard Drawing No. 406. FM CE 39. The Walmart offsite improvement plans shall include:: a. A left turn pocket for the driveway across from the Annex Project. b. A left turn pocket at the proposed public street. c. A left turn pocket for the Walmart driveway across from the Annex Project. d. A southbound left turn pocket at the proposed public street FM CE 40. The proposed signalization of the intersection of the proposed public street into the Walmart site from El Camino Real, including bicycle loop detectors. The signal shall be installed prior to Walmart Building final. Walmart shall be responsible for the cost of installing these improvements. BP CE 41. The applicant(s) shall improve the intersection of Del Rio Road and Rio Rita Road to meet site distance, horizontal and vertical alignment standards of the City Engineering Standards. The proposed improvements shall be acceptable to the City Engineer. BP, GP CE 42. Prior to Final Parcel Map approval, the applicant(s) shall dedicate sidewalk easements sufficient to encompass accessibility requirements for sidewalks installed with drive approaches in accordance with the current City standard. FM CE 43. Applicant(s) shall submit a composite utility plan, signed by PG&E, AT&T, Charter Cable TV and Southern California Gas Company indicating location of all underground utilities that will serve the project. New or relocated undergrounded facilities will be installed in an up to 10 foot wide PUE. Plan shall be reviewed and approved by the City Engineer prior to approval of public improvement plans. GP, BP CE 44. Prior to building final, all new and existing power lines and overhead cables less than 34 KV within or fronting the project site shall be installed underground. GP, BP CE 45. Prior to street improvement plan approval by the City Engineer, the applicant shall submit a street tree location plan to the Community Development Department for review and approval. The location of the street trees shall not conflict with sewer or storm drain infrastructure. The GP, BP PS, CE 18 ITEM 2 | 10/15/2019 Del Rio Road Specific Plan PLN 2007-1245 / Walmart Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Conditions of Approval TPM 2009-0095 (Walmart Map) Vesting Tentative Parcel Map (Del Rio Road Commercial Area Specific Plan) Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map 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 plan shall include proposed sewer lateral locations and storm drain infrastructure for reference. 46. Prior to the Final Parcel Map being filed with the County Recorder, the applicant shall not grant or record easements within areas proposed to be granted, dedicated, or offered for dedication for public streets or highways, access rights, building restriction rights, or other easements; unless subordinated to the proposed grant or dedication. If easements are granted after the date of tentative map approval, subordination must be executed by the easement holder, to the satisfaction of the City Engineer, prior to the filing of the Parcel Map. FM CE 47. Prior to building final, the applicant(s) shall construct onsite and offsite street pavement in accordance with one of the following two options: a. The applicant shall construct the full pavement section including the final lift of asphalt to finish grade in conformance with the design Traffic Index. Prior to building final, the applicant shall refurbish the pavement to the satisfaction of the City Engineer. b. The applicant shall construct a pavement section that is a minimum of 1½” lower than finish grade, in conformance with the design Traffic Index. Prior to building final, the applicant shall refurbish the pavement, and complete the final lift of asphalt to meet finish grade to the satisfaction of the City Engineer GP, BP CE 48. Prior to building final, the applicant shall construct and final full street improvements as shown in the Specific Plan and required by the mitigation monitoring program within the affected portion of the project site, as well as the required offsite street improvements to the satisfaction of the City Engineer. BP CE 49. Prior to building final, the applicant(s) shall install a community mailbox and post in accordance with the City’s standards, and secure approval of the U.S. Postal Service prior to installation. The community mailboxes shall not cause a sight distance obstruction and shall have a minimum four foot clear zone behind the mailbox. FO CE 50. Prior to building final, the applicant shall construct accessible ramps at intersections, as required by the City Engineer. FO CE 51. Prior to building final, the applicant shall repair any broken or damaged curb, gutter and sidewalk, and repair or reconstruct the half section plus 10 feet of pavement on onsite or offsite streets within or near the project. All damaged facilities shall be repair ed to the City Engineer’s satisfaction. FO CE 19 ITEM 2 | 10/15/2019 Del Rio Road Specific Plan PLN 2007-1245 / Walmart Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Conditions of Approval TPM 2009-0095 (Walmart Map) Vesting Tentative Parcel Map (Del Rio Road Commercial Area Specific Plan) Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map 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 52. Prior to the construction of offsite improvements, the project applicant(s) shall prepare and submit a Construction Traffic Control Plan for review and approval by the City Engineer. The plan shall identify routing for all delivery and haul trucks and, if necessary, limit deliveries to non-peak times. To the extent feasible, truck routing should avoid travel through residential areas and emphasize the use of US 101. The plan shall be developed in conformance with the California MUTCD, latest edition. The plan shall include the following provisions: a. Maintain access for land uses in proximity of the project site during project construction. b. Schedule deliveries and pick-ups of construction materials to non-peak travel periods, to the maximum extent feasible. c. Coordinate haul trucks, deliveries and pick-ups to reduce the potential of trucks waiting to load or unload for protracted periods of time. d. Minimize obstruction of through traffic lanes on surrounding public streets. e. Construction equipment traffic entering and exiting the project site shall be controlled by flagman. f. Identify designated transport routes for heavy trucks (in addition to haul trucks) to be used over the duration of the proposed project. g. Schedule vehicle movements to ensure to the maximum extent feasible that there are no vehicles waiting offsite and impeding public traffic flow on the surrounding streets. h. Establish requirements to ensure the safety of the pedestrians and access to local businesses. i. Coordinate with adjacent businesses and emergency service providers to ensure adequate access exists to the project site and neighboring businesses. j. Prohibit parking for construction workers except on the project site and any designated off-site parking locations. These off- site locations shall not include adjacent commercial center parking lots or residential streets and will require the approval of the City Engineer. EP CE GRADING 53. The applicant shall, to the City Engineer’s satisfaction, comply with all Geology, Soils and Seismicity mitigation measures and time frames contained in the City Council adopted Mitigation Monitoring and Reporting Program. 20 ITEM 2 | 10/15/2019 Del Rio Road Specific Plan PLN 2007-1245 / Walmart Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Conditions of Approval TPM 2009-0095 (Walmart Map) Vesting Tentative Parcel Map (Del Rio Road Commercial Area Specific Plan) Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map 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 54. Prior to issuance of grading permit, the applicant shall submit a grading plan consistent with the approved tentative map, Master Plan of Development, Specific Plan, arborist report and conditions of approval. The grading plan shall be based on a detailed engineering geotechnical report specifically approved by the geologist and/or soils engineer that addresses all submitted recommendations. GP, BP CE 55. The applicant shall comply with the following requirements for the soil hauling operation:: a. Obtain an encroachment permit from the City Engineer for the work. b. The hours of operation shall be between 8:30 am to 3:30 pm, Monday through Friday. c. Provide non-stop street sweeping service on all City streets along the haul route during all hours of work to the satisfaction of the City Engineer. d. Provide traffic control and flagging personnel along the haul route to the satisfaction of the City Engineer. e. Obtain an encroachment permit from the City Engineer for the work. f. The hours of operation shall be between 8:30 am to 3:30 pm, Monday through Friday. g. Provide street sweeping service on all City streets along the haul route during all hours of work on a schedule approved by the City Engineer GP, BP CE 56. Prior to issuance of a grading permit, the applicant(s) shall sign a Haul Route Repair Agreement and pay a Haul Route Pavement Repair Security Cash Deposit (Deposit) of $100,000, which may be increased or decreased based upon an estimated cost to complete the repairs of streets damaged during the dirt hauling operation. The limits and scope of the repairs shall be determined by the City Engineer. In order to receive a refund of the Deposit, the applicant or subsequent property owners shall complete any required pavement repairs to the satisfaction of the City Engineer within six months from the completion of the dirt hauling operation or prior to issuance of Building Permits. If the pavement repairs are not completed within six months, the City may use the Deposit to complete the repairs and for any incurred staff and administrative costs. Any funds remaining at the completion of the repairs will be refunded to the applicant. If the Deposit is insufficient to complete the repairs, the City shall seek additional funds from the applicant GP, BP CE DRAINAGE 21 ITEM 2 | 10/15/2019 Del Rio Road Specific Plan PLN 2007-1245 / Walmart Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Conditions of Approval TPM 2009-0095 (Walmart Map) Vesting Tentative Parcel Map (Del Rio Road Commercial Area Specific Plan) Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map 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 57. Prior to grading permit issuance, the applicant shall obtain City Engineer approval of a drainage study for the proposed private onsite and public offsite storm drain system from the City Engineer. The study shall demonstrate that runoff generated onsite will not negatively affect downstream waterways or properties. Onsite and offsite storm drain facilities shall comply with City Engineering Drainage Standards. GP CE 58. The applicant shall, to the City Engineer’s satisfaction, comply with all stormwater mitigation measures and time frames contained in the Mitigation Monitoring and Reporting Program. 59. Prior to issuance of permits affecting Caltrans right-of-way, the applicant shall submit evidence of written approval for the proposed construction within the Caltrans right-of- way to the City Engineer. GP CE 60. Maintenance responsibilities for all slopes, retaining walls, drainage devices, and erosion and sedimentation control devices/systems not accepted by the City shall be the responsibility of the property owner in perpetuity. GP, BP CE 61. Prior to grading permit issuance, the applicant shall obtain and submit to the City a notarized Letter of Permission for grading over all easements. GP CE 62. Prior to grading permit issuance, the applicant shall obtain a notarized Letter of Permission for grading outside of the property lines/tract boundary from the affected property owner(s). GP CE 63. Prior to grading permit, the applicant shall obtain a notarized Acceptance of Drainage from all affected property owners if drainage is being diverted to areas that currently do not accept the drainage. GP CE 64. Prior to issuance of grading permit, the applicant shall record in the Office of the County Recorder any needed slope easements from adjacent property owners, as directed by the City Engineer. GP CE 65. Prior to issuance of grading permits in Jurisdictional Waters of the United States, the applicant shall acquire permits from the Army Corps of Engineers, California Department of Fish and Game, and the Regional Water Control Board for any work within any natural drainage course. A copy of the permits, or a response letter from each agency indicating a permit is not required, shall be submitted to the City prior to issuance of grading permits. GP CE 66. The applicant or subsequent property owners shall be responsible for providing regularly scheduled maintenance of the storm drain infrastructure, as required by the City Engineer. CE 67. The applicant shall form an organized drainage maintenance entity to finance the future ongoing maintenance and capital replacement of water quality, low impact development, hydro FM CE 22 ITEM 2 | 10/15/2019 Del Rio Road Specific Plan PLN 2007-1245 / Walmart Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Conditions of Approval TPM 2009-0095 (Walmart Map) Vesting Tentative Parcel Map (Del Rio Road Commercial Area Specific Plan) Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map 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 modification, erosion and sedimentation devices/systems identified on the project’s approved storm drain plan. The applicant shall pay for all costs associated with the formation of the maintenance entity. Water quality, erosion and sedimentation devices/systems shall include but are not limited to catch basin inserts, debris excluders, bio-treatment basins, vortex separation type systems, and other devices/systems for storm water quality. The applicant shall be responsible for the maintenance of all project water quality, erosion and sedimentation devices/systems until the district has been established 68. Prior to Final Parcel Map approval, the applicant shall place a note on the map, prohibiting the lot owners within this development from interfering with the established drainage master plan and from erecting walls, curbs or similar solid constructions, except as approved by the City Engineer. FM CE 69. Prior to issuance of grading permit, the applicant shall have approved by the City Engineer, an Urban Stormwater Mitigation Plan that incorporates appropriate post construction best management practices (BMPs), maximizes pervious surfaces, and includes infiltration into the design of the project to the extent technically feasible. GP CE 70. The applicant must obtain coverage under a statewide General Construction Activities Stormwater Permit (General Permit). In accordance with the General Permit, the applicant shall file with the State a Notice of Intent (NOI) for the proposed project. Prior to issuance of grading permit by the City, the applicant shall have approved by the City Engineer a Stormwater Pollution Prevention Plan (SWPPP). The SWPPP shall include a copy of the NOI and shall reference the corresponding Waste Discharge Identification (WDID) number issued by the State upon receipt of the NOI. BP CE 71. Prior to issuance of a grading permit applicant shall consult with the Central Coast RWQCB regarding further actions with the groundwater plume on the Walmart site. Consultation shall result in written confirmation to the City from the RWQCB Staff of any clean-up, corrective action or monitoring that may be needed prior to, or post construction. GP, BP CE 72. Applicant shall abandon any existing septic system facilities in accordance with City standards prior to approval of site grading. GP, BP CE 73. Prior to the issuance of building permits the applicant shall provide for the detention and metering out of developed storm runoff so that the peak runoff and its associated duration is equal to or less than undeveloped storm runoff quantities to the satisfaction of the City Engineer. GP, BP CE 74. Drainage basins shall be designed to desilt, detain and meter storm flows as well as release them to natural runoff locations. GP, BP CE 23 ITEM 2 | 10/15/2019 Del Rio Road Specific Plan PLN 2007-1245 / Walmart Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Conditions of Approval TPM 2009-0095 (Walmart Map) Vesting Tentative Parcel Map (Del Rio Road Commercial Area Specific Plan) Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map 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 75. Prior to the issuance of building permits the applicant shall show the method of dispersal at all pipe outlets. Include specifications for size and type. GP, BP CE 76. Prior to storm drain plan approval, the applicant shall obtain all easements needed for future storm drainage system maintenance by the City. GP, BP CE 77. Prior to the issuance of building permits the applicant shall show method of stormwater conveyance to approved off-site drainage facilities. GP, BP CE 78. Concentrated drainage from off-site areas shall be conveyed across the project site in drainage easements. Applicant shall acquire drainage easements where needed. Drainage shall cross lot lines only where a drainage easement has been provided. If drainage easement cannot be obtained the storm water release must follow the historic path, rate and velocity as prior to the subdivision GP, BP CE SEWER AND UTILITIES 79. Prior to issuance of building permits for each component of the Specific Plan, the project applicant shall submit plans to the City for approval that demonstrate compliance with the City Sanitary Sewer Management Plan, including City standards for the Fats, Oils and Grease (FOG) Program; and the installation of adequately sized grease interceptors for all food service establishments, gas stations, auto shops, etc. BP CE 80. Existing sewer manhole frame and covers relocated or adjusted due to street or other construction shall be replaced with current City Standard Manhole Cover per Standard Drawing No. 608 or as required by the City Engineer. GP, BP CE 81. All existing above ground utilities shall be undergrounded on project frontage in the 10 foot wide PUE. GP, BP CE 82. All sewer system plans shall be reviewed and approved by the City Engineer. GP, BP CE 83. Prior to sewer plan approval, the applicant shall provide a sewer area study for the extension of the unnamed public road on the Walmart site in accordance with City policies for review and approval by the City Engineer. GP, BP CE 84. All onsite private sewer mains and laterals shall be privately owned and maintained. Sewer mains in Public Roads shall be owned and maintained by the City. FM CE 85. Prior to recording the final map, provisions for the repair and maintenance of the private sanitary sewer system shall be included in the CC&R’s for the development. Included shall be a FM CE 24 ITEM 2 | 10/15/2019 Del Rio Road Specific Plan PLN 2007-1245 / Walmart Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Conditions of Approval TPM 2009-0095 (Walmart Map) Vesting Tentative Parcel Map (Del Rio Road Commercial Area Specific Plan) Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map 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 mechanism to maintain the private sewer and structures, such as a maintenance association. The City Engineer and City Attorney shall approve the final form prior to recordation. 86. Applicant shall pay all sewer fees including extension (Annexation), Connection and Reimbursement fees (if applicable) prior to issuance of each building permit. BP CE 87. Private gravity mains within the specific plan area shall be sized and installed in accordance with the Uniform Plumbing Code. Public gravity mains within the specific plan area shall be a minimum of eight (8) inches in diameter. BP CE 88. Drainage piping serving fixtures which have flood level rims located below the elevation of the next upstream manhole cover of the public or private sewer serving such drainage piping shall be protected from backflow of sewage by installing an approved type backwater valve. Fixtures above such elevation shall not discharge through the backwater valve. BP CE 89. All sanitary sewer (SS) mains shall terminate in manholes unless extension of the main, at some later date, is anticipated. If extension of a SS main is anticipated, said SS main may terminate in a cleanout providing the next downstream manhole is less than 300 linear feet from the cleanout and that the point of termination is not a reasonable location for a SS main angle point or intersection. BP CE EASEMENTS 90. A ten (10) foot Public Utility Easement (PUE) shall be provided contiguous to the property frontage. Modifications may be made to the width on case by case basis as allowed by the City Engineer. FM CE TRAFFIC 91. Intersection improvements shall have a minimum vehicle stacking distance in accordance with the EIR Traffic Study. GP, BP CE 92. The applicant shall, to the City Engineer’s satisfaction, comply with all transportation mitigation measures and time frames contained in the City Council adopted Mitigation Monitoring and Reporting Program GP CE 93. The applicant shall include low glare, LED cobra style street lights in the offsite improvement plans. Light spacing shall be based on the AASHTO Roadway Lighting Design Guide (2005). Light color shall be approved by the City Engineer. BP CE 94. Prior to issuance of the first building permit, the applicant shall obtain approval from the City Fire Department for any private driveway sections. GP, BP FD, CE 25 ITEM 2 | 10/15/2019 Del Rio Road Specific Plan PLN 2007-1245 / Walmart Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Conditions of Approval TPM 2009-0095 (Walmart Map) Vesting Tentative Parcel Map (Del Rio Road Commercial Area Specific Plan) Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map 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 95. Prior to issuance of the first certificate of occupancy, the applicant shall post “No Parking– Fire Lane” signs along all driveways with a curb-to-curb width of less than 34-feet. This shall be shown on all applicable plans prior to issuance of first building permit. GP, BP CE 96. The location, width and depth of all project driveways shall substantially conform to the approved Parcel Map. This shall be shown on all applicable plans prior to issuance of first building permit. No additional driveways shall be permitted along the project frontage. GP, BP CE 97. Any dead-end drive aisles shall have a hammerhead or turn- around area to facilitate vehicular movements. This shall be shown on all applicable plans prior to issuance of first building permit. GP, BP CE 98. The site shall be designed to adequately accommodate all vehicles (e.g. automobiles, vans, trucks) that can be expected to access the site. This includes, but is not limited to, adequate maneuvering areas around loading zones and parking spaces, and appropriate turning radii. GP, BP CE TRANSIT/ BUS STOP 99. The Walmart and Annex sites shall provide a bus stop at the El Camino Real frontage fronting both the Walmart and Annex frontage as shown on Master Plan of Development. The bus stop shall be designed and constructed to the City Engineer’s satisfaction and include the following elements a. A 8’X14’ permanent, City approved transit shelter structure, that compliments the architecture of the development it fronts, and includes a bench, trash receptacle, solar lighting (all electrical conduits shall be located within the shelter structure), bicycle racks and rain gutters. b. Color elevations and materials board for the proposed bus shelter structure shall be supplied to the Community Development Director, for review and approval, prior to construction. BP CE 100. The bus stop shall comply with all ADA and State accessibility regulations as specified in the most recent version of the California Disabled Accessibility Guidebook (CalDag). Proposed disabled access shall be delineated on construction plans. EP CE 101. The bus stop location shall be a minimum of 100 feet from the intersection of Del Rio Road and El Camino Real or as approved by the City Engineer. EP CE Council Conditions Additional Walmart Road Improvement Conditions 26 ITEM 2 | 10/15/2019 Del Rio Road Specific Plan PLN 2007-1245 / Walmart Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Conditions of Approval TPM 2009-0095 (Walmart Map) Vesting Tentative Parcel Map (Del Rio Road Commercial Area Specific Plan) Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map 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 102. Applicant shall remove the existing El Camino Real median left - turn pocket for southbound vehicles at the Mission Oaks Shopping Center main driveway and replace it with a northbound refuge lane for vehicles exiting the Mission Oaks Shopping Center. Engineering for the proposed median improvements shall be included in the El Camino Real roundabout improvement plans subject to approval by City Engineer. FM CE 103. Applicant shall include provisions for U-turn traffic turning movement at the southbound left-turn pocket at the proposed intersection of the new collector street and El Camino Real. The bulb-out shown at the northeast quadrant of the intersection on the Specific Plan drawings shall be reduced or eliminated as necessary subject to approval of the City Engineer. The proposed transit stop shall be located north of the clear path required for the subject U-turn movement End of Conditions FM CE 27 ITEM 2 | 10/15/2019 Del Rio Road Specific Plan PLN 2007-1245 / Walmart Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENT 3: Draft Resolution 2019 PLN 2007-1245 DRAFT RESOLUTION PC 2019-A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO,APPROVING A ONE-YEAR TIME EXTENSION OF AN APPROVED VESTING TENTATIVE PARCEL MAP (TPM 2009-0095 / TEX 19-0068) 2055 EL CAMINO REAL (WALMART STORES, INC) WHEREAS, the applicant, Gresham Savage (representing Walmart), has applied for an extension of a Vesting Tentative Parcel Map that proposes a subdivision of 26.3 gross acres into four parcels consisting of a 19.2 acre parcel for construction of a general retail store, two (2) parcels for construction of retail / office uses, and a remaining parcel for construction of multi- family units; and WHEREAS, the City Council approved a Vesting Tentative Parcel Map on July 12, 2012; and WHEREAS, the automatic one-year Time Extension via AB 116 went into effect July 11, 2013, setting the expiration date to July 12, 2016; and, WHEREAS, the Planning Commission approved a one-year time extension on August 16, 2016, consistent with Atascadero Municipal Code Section 9-2.117(a), setting the expiration date to July 12, 2017; and, WHEREAS, the Planning Commission approved a one-year time extension on June 28, 2017, setting the expiration date to July 12, 2018; and, WHEREAS, the Planning Commission approved a one-year time extension on August, 2018, setting the expiration date to July 12, 2019; and, WHEREAS, the applicant has submitted for an additional one-year time extension for Vesting Tentative Parcel Map entitlements within the time limits required by the Subdivision Map Act; and, NOW, THEREFORE, the Planning Commission of the City of Atascadero, California, takes the following actions: 28 ITEM 2 | 10/15/2019 Del Rio Road Specific Plan PLN 2007-1245 / Walmart Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero SECTION 1: Findings for approval of the Time Extension: The Planning Commission makes the following findings consistent with Atascadero Municipal Code Section 9-2.117(a) 1. FINDING: 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; FACT. There have been no applicable changes to the General Plan or zoning regulations since the project was entitled on July 12, 2012. All conditions of approval and required mitigation measures are to be completed by all projects within the adopted Specific Plan overlay zone (SP-2) in addition to all applicable zoning requirements and General Plan requirements. 2. FINDING: 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. FACT. The site remains vacant. 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. 3. FINDING: There have been changes to the scope of the project since Wal Mart no longer intends to develop the site with a retail store and is seeking to convey the entitlements to another retail developer. . FACT. The site remains vacant. The extended vacancy of the site has led to excessive weeds, refuse, an attractive nuisance and poor aesthetics. A recent fire on the site further reduced the aesthetic character of the site. Continued site maintenance and some work towards completion of project compliance would show due diligence in maintain the project approvals and towards marketing the property for new retail or other commercial interests. SECTION 2: Approval: The Planning Commission does hereby approve a one-year Time Extension of TPM 2009-0095, to expire on July 12, 2020, subject to the following ongoing conditions: 1. Walmart shall continue to move forward with a development project on the site or continue to move forward to actively seek sale of the property to another owner with similar development interests. 2. Walmart shall maintain the project site in good order, free of trash, debris, and weeds, including the removal of dead trees and excessive fire fuel and shall complete annual weed abatement as required by City ordinance. 3. Walmart shall apply for a demolition permit and remove the abandoned structure (residence) on the site within 6 months of time extension approval (prior to April 15, 2020. 4. Walmart shall remove all temporary fencing at the perimeter of the site. 29 ITEM 2 | 10/15/2019 Del Rio Road Specific Plan PLN 2007-1245 / Walmart Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Commissioner _______________________, and seconded by Commissioner ______________________ , the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAINED: ( ) ADOPTED: CITY OF ATASCADERO, CA ______________________________ Tom Zirk Planning Commission Chairperson ATTEST: ___________________________________ Phil Dunsmore Planning Commission Secretary 30 ITEM 3 | 10-15-2019 Curbaril PD25 DEV 18-0124 Atascadero Planning Commission Staff Report – Community Development Department 4 UNIT PLANNED DEVELOPMENT – 7900 CURBARIL (DEV18-0124) RECOMMENDATIONS: Staff recommends Planning Commission adopt: 1. Draft Resolution A, recommending the City Council approve a zoning text change to establish Planned development Overlay Zone # 36 and a zoning map change to apply Planned Development Overlay Zone #36 (PD36) to APN 031-231-003, based on findings. 2. Draft Resolution B, recommending the City Council approve a Conditional Use Permit (Master Plan of Development) and Vesting Tentative Parcel Map (AT18- 0111) based on findings and subject to Conditions of Approval. REPORT-IN-BRIEF: The project consists of a 4-lot subdivision and the construction of four (4) detached single-family-residential homes on an existing undeveloped property. The Atascadero Municipal Code allows for small lot single-family subdivisions within the multi-family zoning designation with the approval of the Planned Development (PD) Overlay Zone. The project will establish a PD36 overlay zone to accommodate the requested project. Project Info In-Brief: PROJECT ADDRESS: 7900 Curbaril Ave. Atascadero, CA APN 031-231-003 PROJECT PLANNER Kelly Gleason, Senior Planner (805)470-3446 kgleason@atascadero.org APPLICANT Robert Mannon 31 ITEM 3 | 10-15-2019 Curbaril PD25 DEV 18-0124 PROPERTY OWNER Robert Mannon GENERAL PLAN DESIGNATION: ZONING DISTRICT: SITE AREA EXISTING USE PROPOSED USE Medium Density Residential (MDR) Residential Multifamily - 10 (RMF-10) 0.58-acres Vacant Medium Density Residential ENVIRONMENTAL DETERMINATION ☐ Environmental Impact Report SCH: ___________________________ ☐ Consistent with previously certified Mitigated Negative Declaration No. ☒ Categorical Exemption CEQA – Class 15: Minor Land Divisions ☐ Statutory Exemption §§ 21000, et seq & ________________________ ☐ No Project – Ministerial Project DISCUSSION: Existing Surrounding Uses / Parcel Configurations: Existing Zoning Existing Aerial / Surrounding North: South: East: West: Residential Multifamily -10 (RMF- 10), Commercial Neighborhood (CN) Residential Multifamily -10 (RMF-10), Commercial Neighborhood (CN) Commercial Neighborhood (CN), General Commercial (GC) Residential Multifamily -10 (RMF-10) 7900 Curbaril Ave 32 ITEM 3 | 10-15-2019 Curbaril PD25 DEV 18-0124 Analysis: The existing vacant lot is 0.58 acres, allowing for a maximum density of 6 units. The proposed project includes 4 detached residential units on individual lots. Each unit provides approximately 2,000 square-feet of living area with an attached 2-car garage. The medium density multi-family zoning district has a minimum lot size of 0.5 acres but allows for smaller lot sizes with the approval of a planned development overlay zone. The project includes establishing PD36 to accommodate the proposed subdivision. Site Plan The site is designed with one unit facing, and accessed off, Curbaril Avenue with the remaining 3 units accessed off a shared driveway. Consistent with the proposed requirements of the PD36 overlay zone, the shared driveway will be constructed of decorative material with ½ proposed as pervious pavers and ½ proposed as colored concrete. A minimum of one guest space is provided on each lot and there is one additional guest parking space provided along the shared access drive. Proposed Site Plan A landscape plan has been provided to meet the requirements of the PD 25. The front of the homes will be vegetated with drought tolerant grasses and succulents. The proposed plan also provides for street trees to cover parking and buffer a long Curbaril Ave. The residence located closest to Curbaril Avenue will have a four foot tall open fence around the front yard setback to use as a private yard. All other fencing will act as privacy screens between residences and will be six feet as specified in Atascadero Municipal Code. The site has been designed with a minimal 3 -foot landscape strip between the shared driveway and the adjacent property line. Native Tree Removal One native tree is proposed for removal. The site has been designed to r etain the significant large oaks on-site. The tree proposed for removal is a 10” Live Oak and is within the proposed access driveway. Retaining Walls Architectural Design The proposed units are two stories in the height, with attached garages , totaling approximately 2,355 square-feet. The applicant is proposing two slightly different exterior-design options. Both designs include a mixture of horizontal exterior siding and stucco. Option A has a predominately stucco façade with composite -wood horizontal laths on the extruded planes. Option B’s façade consists of predominately composite wood with stucco on the extruded faces. Lot 1 Lot 2 Lot 3 Lot 4 33 ITEM 3 | 10-15-2019 Curbaril PD25 DEV 18-0124 The units have minimal variation besides material changes and front façade accent roof line. The units are proposed to be alternated on the site. Current City Planned Development Policy requires that architectural design be high quality to meet the required findings to allow for the reduction in lot size standards. This not only includes high quality materials but also variation in design and attention to massing and limiting garage dominance. However, the City does not have adopted policies on what constitutes “high quality”. Instead this is determined on a case by case basis. The Design Review Committee reviewed the project and has re commended approval. A finding is included in the resolution affirming that the project meets the requirements for high quality architectural design. Landscape Design Landscape includes trees along the Curbaril frontage and shared drivewa y. Drought- tolerant shrubs and grasses are proposed for all visible front and side yard areas. Privacy fencing will be setback from the building façades. Establishment of Planned Development #36 The intent of Planned Development Overlay Zones is to provide flexibility to the development standards in return for community benefit. Within the medium density residential zone, this flexibility generally allow for subdivision into lots smaller than ½ acre, providing entry level housing with individual lot owne rship. Standards have been included that specify decorative paving for the shared driveway, guest parking requirements, building setbacks, and usable porch designs. Planned Development Benefit Policy The applicant is proposing to apply the Planned Development 36 overlay zone to the subject property. Planned Developments allow for deviation in the City’s standards for setbacks, heights, minimum lot size, etc. in exchange for community benefits that have been established by the City Council. The Planned De velopment Policy requires certain benefits be provided in order to warrant the granting of special or modified development standards. The benefit chart is shown below. Option A Option B 34 ITEM 3 | 10-15-2019 Curbaril PD25 DEV 18-0124 PD Location Tier 1 Benefits Tier 2 Benefits Inside of Urban Core PD-7 PD-17 PD-25 Custom PD’s a) Affordable / Workforce Housing b) High Quality Architectural Design c) High Quality Landscape Design d) Buffering between Urban and Suburban zones (large lot sizes, increased setbacks, landscape buffers, etc.) e) Higher density to meet Housing Element goals a) Pocket Parks in larger projects b) Trails / Walkways for Pedestrian Connectivity c) Historic Preservation Outside of Urban Core Rural / Suburban Areas PD-16 Custom PD’s a) Natural Open Space Preservation a) Multi-Purpose Trails – Equestrian / Bicycle / Pedestrian b) Recreational Areas / Facilities c) Historic Preservation The Planning Commission and City Council must find that the project provides all Tier 1 benefits, including high quality landscape and architectural design, in order to approve the Planned Development and allow for the proposed small lot single-family subdivision. The DRC found that the proposed project meets the required benefits related to high quality architectural and landscape design. Inclusionary Housing The City Council has an interim inclusionary affordable housing policy that requires smaller projects to pay an in-lieu fee based on the building valuation of each unit. Based on the proposed unit square-footage, fees are expected to be approximately $12,100 per unit. No affordable units are proposed within the project and each of these homes is expected to be priced well above the moderate affordability level. General Plan Compatibility The City’s multi-family residential zones are designed for smaller residences, attached and detached apartments, condominiums and other residences that are available for either rental or individual ownership. Many of the smaller sites within this designation are actually developed below their maximum density with single family homes. Larger, single family homes as proposed in this project are not what this designation was intended to provide. However the Planned Development rezoning process has allowed for substantial flexibility in the use of this district. The General Plan defines this district as follows: Medium-Density Residential (MDR) These areas are intended for up to ten attached or detached residences per acre. In addition to apartments and townhouses, this designation allows mobile home subdivisions and mobile home parks. The minimum lot area is 0.5 ac res net, although smaller lot sizes may be allowed through a planned development overlay process. Zoning standards require adequate parking, setbacks, landscaping, on -site recreation 35 ITEM 3 | 10-15-2019 Curbaril PD25 DEV 18-0124 areas, individual storage, and building and parking area screening from a butting lower density single-family areas. Maximum densities shall be reduced based on lot slopes. All development within this district is subject to appearance review. At this time, there are no specific house size standards in the multi-family zone. Therefore, staff is not able to limit the maximum house size, nor require that each property in this zone be developed to the maximum density. However, due to the scarcity of multi-family zoning, the State’s desire to seek housing that is affordable by design, and the City’s requirement to provide zoning that can accommodate over 800 residences in the next 8 years, our upcoming Housing Element and subsequent policies will need to address this topic. For now, it is the City’s discretion to determine that a planned development that allows for 2,000 square foot plus single family houses on a multi-family site is or is not consistent with the General Plan. Community Facilities District Based on findings from the 2003 Taussig Study, revenue from new residential development including property tax revenues, vehicle licensing fees, sales taxes, and other revenues are insufficient to cover the maintenance and emergency services costs of new development. Based on the revenue projections from the Taussig Study, the City has developed standard conditions of approval for new development projects that require the cost of maintenance and emergency services to be funded by the project through a combination of road assessment districts, landscape and lighting districts , and community facilities districts (CFD). A condition has been included requiring annexation into the City-wide CFD prior to recordation of any final map. Tentative Tract Map A four lot vesting tentative parcel map (AT18-0111) is proposed which would allow each residence to be sold individually. The map has been conditioned to meet all municipal code requirements and all requirements of the Subdivision Map Act. Conclusion The project proposes a small lot single-family subdivision consistent with the underlying multi-family zoning and the provisions of the PD36 overlay zone. City staff and the DRC recommend the Planning Commission approve Draft PC Resolutions A and B, recommending the City Council approve the project as conditioned. ENVIRONMENTAL DETERMINATION: The project qualifies for a Class 15 categorical exemption which exempts subdivisions of properties into 4 parcels or less from CEQA review. FINDINGS: To recommend approval of the proposed project, findings are required to be made by the Planning Commission. The City’s General Plan and Zoning Ordinance identify the 36 ITEM 3 | 10-15-2019 Curbaril PD25 DEV 18-0124 specific findings that must be made to approve the zoning map amendment, the conditional use permit, and the tentative parcel map. Findings and the facts to support these findings are included in the attached draft resolutions. ALTERNATIVES: 1. The Planning Commission may recommend to the City Council modifications to the project and/or Conditions of Approval for the project. Any proposed modifications, including Conditions of Approval, should be clearly re-stated in any vote on any of the attached resolutions. 2. The Planning Commission may determine that more information is needed on some aspect of the project and may refer the item back to the applicant and Staff to develop the additional information. The Commission should clearly state the type of information that is required. A motion, and approval of that motion, is required to continue the item to a future date. 3. The Planning Commission may recommend the City Council deny the project. The Commission must specify what findings cannot be made, and provide a brief oral statement, based on the Staff Report, oral testimony, site visit, correspondence, or any other rationale introduced and deliberated by the Planning Commission. If the proposed project amendment were denied, the previously approved Planned Development #25 and associated Master Plan of Development would remain in place for the site. ATTACHMENTS: 1. Draft PC Resolution A (zoning map amendment) 2. Draft PC Resolution B (Tentative Tract Map & Master Plan of Development) 37 ITEM 3 | 10-15-2019 Curbaril PD25 DEV 18-0124 ATTACHMENT 1: Draft PC Resolution A Zoning Map and Text Amendment DRAFT PC RESOLUTION 2019-A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THE CITY COUNCIL AMEND TITLE 9, CHAPTER 3 OF THE ATASCADERO MUNICIPAL CODE TO ESTABLISH PLANNED DEVELOPMENT OVERLAY ZONE #36 AND AMEND THE OFFICIAL ZONING MAP TO INCLUDE A PD36 OVERLAY ZONE ON APN 031-231-003 7900 Curbaril Ave APN 031-231-003 WHEREAS, an application has been received from Robert Mannon (PO Box 2359, Atascadero, Ca 93423), Applicant, and Owner, to consider a Planned Development zone map and text amendment, a Master Plan of Development (Conditional Use Permit), and a Vesting Tentative Parcel Map; and WHEREAS, the site’s current General Plan Land Use Designation is Medium Density Residential (MDR); and WHEREAS, the site’s current Zoning Designation is Residential Multi-Family (RMF- 10) which allows for a maximum density of 10 du/ac; and WHEREAS, Article 28 of the Atascadero Municipal Code allows for the creation of Planned Development Overlay Zones to promote orderly and harmonious development and to enhance the opportunity to best utilize special site characteristics; and WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact an amendment to the official Zoning Map to protect the health, safety and welfare of its citizens by applying orderly development through the use of a Planned Development Overlay Zone; and 38 ITEM 3 | 10-15-2019 Curbaril PD25 DEV 18-0124 WHEREAS, a timely and properly noticed Public Hearing upon the subject application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said project. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Atascadero makes the following findings, determinations and recommendations with respect to the proposed zoning map amendment: SECTION 1. Recitals: The above recitals are true and correct. SECTION 2. Public Hearing. The Planning Commission of the City of Atascadero, at a Public Hearing held on October 15, 2019, considered the proposed zoning map amendments. SECTION 3. Facts and Findings. The Planning Commission makes the following findings, determinations and approvals with respect to the zoning map amendment: A. Findings for Approval of a Zone Text Change FINDING: The Planning and Zoning Text Change is consistent with General Plan policies and all other applicable ordinances and policies of the City. FACT: The proposed zone text amendments align the code requirements with the vision, intent, and policies of the adopted General Plan. FINDING: This Amendment of the Zoning Ordinance will provide for the orderly and efficient use of lands where such development standards are applicable. FACT: The proposed text amendment provides for orderly development within the multi-family zoning districts in accordance with the adopted General Plan. FINDING: The Text Change will not, in itself, result in significant environmental impacts. FACT: The proposed text changes are minor and do not trigger any environmental impacts. FINDING: Modification of development standards or processing requirements of the Zoning Ordinance through the PD overlay is warranted to promote orderly and harmonious development. FACT: The PD36 overlay zone establishes development standards that promote a cohesive neighborhood development and ensure that City goals related to 39 ITEM 3 | 10-15-2019 Curbaril PD25 DEV 18-0124 aesthetic character, inclusionary housing, and high quality design, among others, are achieved. FINDING: Modification of development standards or processing requirements of the zoning ordinance through the PD overlay will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area. FACT: The Planned Development 36 overlay zone will allow for a small-lot single-family subdivision increasing homeownership opportunities in the City. FINDING: Benefits derived from the Planned Development Overlay Zone cannot be reasonably achieved through existing development standards or processing requirements. FACT: The Planned Development Overlay Zone 36 ensures that development within the area provide certain benefit as identified by Council Policy. In addition, the PD will allow for subdivision of the parcel allowing for each unit to be sold individually. FINDING: Proposed plans offer certain redeeming features to compensate for requested modifications of the Planned Development Overlay zone. FACT: City Council Planned Development Policy requires project benefits such as affordable inclusionary housing and high quality landscape and architecture be provided in exchange for modified development standards. As conditioned, the project satisfies these requirements. SECTION 4. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on October 15, 2019, resolved to recommend the City Council introduce for first reading by title only, an Ordinance that will amend the official zoning map consistent with the following: EXHIBIT A: Zoning Text Amendment EXHIBIT B: Zoning Map Amendment SECTION 5. CEQA. The proposed project is Categorically Exempt (Class 15) 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 15315, which exempts minor divisions of land. 40 ITEM 3 | 10-15-2019 Curbaril PD25 DEV 18-0124 BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Commissioner ____________, and seconded by Commissioner __________, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: () NOES: () ABSENT: () ABSTAINED: () ADOPTED: CITY OF ATASCADERO, CA __________________________________ Tom Zirk Planning Commission Chairperson ATTEST: ___________________________________ Phil Dunsmore Planning Commission Secretary 41 ITEM 3 | 10-15-2019 Curbaril PD25 DEV 18-0124 EXHIBIT A: Zoning Text Amendment DEV18-0124 9-3.681 Establishment of Planned Development Overlay Zone No. 36: (PD36). Planned Development Overlay Zone No. 36 may be established in Residential Multifamily Zones. The maximum residential density within the planned development shall not exceed the densities allowed by the underlying zoning district and provisions of this code. The following development standards shall be met by all projects within the PD36 overlay zone: (a) All site development shall require the approval of a master plan of development. All construction and development shall conform to the approved master plan of development, as conditioned. (b) The tentative tract map and any subsequent amendments for the site shall be consistent with an approved master plan of development. All construction and development shall conform to the approved master plan of development, as conditioned. (c) No subsequent tentative parcel or tract map shall be approved unless found to be consistent with the approved master plan of development. (d) A parent lot or lots shall have frontage on a public street. (e) Access off of the public street shall be designed as a parking court with a maximum length of less than one hundred fifty (150) feet and shall include the following elements: (1) Decorative paving continuous throughout the parking court; (2) Address marker at the entrance to the court. (f) Appearance of each dwelling unit, site landscaping, site development, and amenities shall be consistent with the Atascadero Appearance Review Manual. All landscaping shown on the approved landscape plan will be installed by the developer and shall be maintained as approved. (g) Building setbacks shall be as follows: Setback from public street frontage 15 feet from right-of-way/back of sidewalk (whichever is greater) Porches can encroach up to 3 feet into the required setback Setback from parking court/interior street 8 feet to porch 10 feet to front of residence 10 feet minimum to garage (if one car garage is proposed, the second parking space must be located in the driveway with a minimum length of 20 feet) 5 feet to side of residence Setback between buildings 10 feet minimum 42 ITEM 3 | 10-15-2019 Curbaril PD25 DEV 18-0124 Rear yard setback 12 feet minimum (h) Porches shall be provided for each unit. Porches shall be a minimum of six (6) feet deep and a functional width. (i) Residential units adjacent to a public street shall be oriented to the public street. (j) Each unit shall include the following: (1) Three hundred (300) cubic feet of shelved storage area. (Bedroom and entry/coat closets shall not count toward this requirement); (2) Dedicated space for laundry facilities with hookups. (k) All utilities, including electric, telephone, and cable, within the PD and along the project frontages shall be installed and/or relocated underground. (l) Engineered drainage detention basins shall be located within a common area. Multiple basins on individual lots shall not be permitted. All basins shall be landscaped, shall be no deeper than two (2) feet, and shall be unfenced. No retaining walls or fencing shall be permitted within the basin area. (m) Exterior walls or fencing shall be consistent throughout the project. Design and appearance of fences and/or walls shall be compatible with the design of the dwelling units. Fence posts shall be metal or pressure-treated wood. Wood preservative/sealer shall be applied to fence panels. (n) All mechanical equipment, including HVAC units and utility meters, shall be screened from view from adjacent streets and properties. (o) Trash shall be stored in individual garages or behind fenced areas on individual lots. Dedicated trash storage area shall be a minimum of three (3) feet by six (6) feet paved area. (p) The total number of parking spaces shall be provided as follows: (1) Two (2) spaces per unit for units with less than four (4) bedrooms. One additional space for each additional bedroom. All spaces must be located on the individual lot (2) Guest parking provided at a ratio of one space per every three (3) units.* * Guest parking may not be located adjacent to the public street frontage. 43 ITEM 3 | 10-15-2019 Curbaril PD25 DEV 18-0124 EXHIBIT B: Zoning Map Amendment Diagram DEV18-0124 7900 Curbaril APN 031-231-003 Current Zoning: Residential Multi-family – 10 New Zoning: Residential Multi-family – 10 / PD36 44 ITEM 3 | 10-15-2019 Curbaril PD25 DEV 18-0124 ATTACHMENT 2: Draft PC Resolution B Vesting Tentative Parcel Map and Master Plan of Development DRAFT PC RESOLUTION 2019-B RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THE CITY COUNCIL APPROVE A CONDITIONAL USE PERMIT (MASTER PLAN OF DEVELOPMENT) AND VESTING TENTATIVE PARCEL MAP (AT18-0111) 7900 Curbaril Ave APN 031-231-003 WHEREAS, an application has been received from Robert Mannon (PO Box 2359, Atascadero, Ca 93423), Applicant, and Owner, to consider a Planned Development zone map and text amendment, a Master Plan of Development (Conditional Use Permit), and a Vesting Tentative Parcel Map; and WHEREAS, the site’s current General Plan Land Use Designation is Medium Density Residential (MDR); and WHEREAS, the site’s current Zoning Designation is Residential Multi-Family (RMF- 10); and WHEREAS, the Planning Commission has recommended that the City Council approve a Planned Development 36 overlay zoning district on the subject property; and, WHEREAS, the PD36 requires the adoption of a Master Plan of Development, approved in the form of a Conditional Use Permit; 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 Master Plan of Development and Vesting Tentative Tract 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 Master Plan of Development; and 45 ITEM 3 | 10-15-2019 Curbaril PD25 DEV 18-0124 WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing, studied and considered the proposed Conditional Use Permit (Master Plan of Development) and the proposed the Vesting Tentative Parcel Map (AT18-0111). NOW, THEREFORE, BE IT RESOLVED, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Recitals: The above recitals are true and correct. SECTION 2. Public Hearing. The Planning Commission of the City of Atascadero, at a Public Hearing held on October 15, 2019, considered the proposed project. SECTION 3. Facts and Findings. The Planning Commission makes the following findings, determinations and approvals with respect to the Conditional Use Permit and Vesting Tentative Parcel Map: A. Findings for Approval of a Conditional Use Permit FINDING: The proposed project or use is consistent with the General Plan FACT: The proposed project is consistent with General Plan Land Use Circulation and Housing Element Policies. Application of the PD36 overlay zone allows for development standards to be established through a Master Plan of Development. The proposed project is consistent with the Zoning Ordinance and the PD36 overlay zone as proposed. FINDING: The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) including provisions of the PD36 Overlay Zone FACT: The Planned Development 36 overlay allows for development standards to be established through a Master Plan of Development. The proposed project is consistent with the Zoning Ordinance and the PD36 as proposed. 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 detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use. FACT: The proposed residential use will not be detrimental to the health, safety, or welfare of the general public or persons residing in the neighborhood. A residential use is 46 ITEM 3 | 10-15-2019 Curbaril PD25 DEV 18-0124 consistent with the surrounding neighborhood The Planned Development overlay language and City development standards will ensure that pedestrian and vehicular access conditions are designed in a manner which does not create ongoing safety concerns. FINDING: The proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development. FACT: The proposed residential use is consistent with surrounding residential and commercial uses. 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 single-family residences will not generate significant and unavoidable impacts to traffic. The project will contribute City TIF fees toward the US 101 interchanges. All abutting public roads will be improved to City standard. FINDING: The proposed project is in compliance with any pertinent City policy or criteria adopted by ordinance or resolution of the City Council, including the City’s Appearance Review Manual and the Inclusionary Housing Policy. FACT: The proposed project was reviewed by the Design Review Committee and was found to comply with all standards of the City’s Appearance Review Manual. The project is proposing to comply with the City’s interim Inclusionary Housing Policy. FINDING: The Master Plan of Development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area. FACT: The PD36 allows for small lot single-family developments within the multi- family zoning district providing flexibilit y in ownership and product type throughout the City. FINDING: Benefits derived from the Master Plan of Development and PD36 Overlay Zone cannot be reasonably achieved through existing development standards or processing requirements. FACT: The Planned Development 36 overlay text modifies standard development requirements to allow for a small lot single-family development with individual lot ownership. City Council Planned Development Policy requires project benefits such as affordable inclusionary housing, pocket parks, and high-quality landscape and architecture in exchange for modified development standards. As conditioned, the project satisfies these requirements. 47 ITEM 3 | 10-15-2019 Curbaril PD25 DEV 18-0124 B. Findings for Approval of Vesting Tentative Tract Map (AT18-0111) FINDING: The proposed subdivision, design and improvements as conditioned, are consistent with the General Plan and applicable zoning requirements, including provisions of the PD36 overlay district. FACT: The proposed amendments are consistent with General Plan Land Use Circulation and Housing Element Policies. The Planned Development 36 overlay allows for development standards to be established through a Master Plan of Development. The proposed project is consistent with the Zoning Ordinance and the PD36 as proposed for amendment. FINDING: The proposed subdivision, as conditioned, is consistent with the proposed Planned Development Overlay District #36 Master Plan of Development. FACT: The subdivision is consistent with the currently proposed Master Plan of Development. FINDING: The site is physically suitable for the type of development proposed. FACT: The site has minimal slope. The site has been designed to accommodate the proposed residential units and associated site improvements including drainage. FINDING: The site is physically suitable for the density of development proposed. FACT: The site is located along Curbaril near to the intersection with Morro Rd / Highway 41. The surrounding uses include multi-family and commercial. The maximum density of the site is 10 du/ac which could accommodate a total of 6 residential units. A total of 4 units are proposed. FINDING: The design and improvement of the proposed subdivision will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat. FACT: The project biologist confirmed that no sensitive species or environmental features exist on the property. FINDING: The design of the subdivision or the type of improvements will not cause serious health problems. 48 ITEM 3 | 10-15-2019 Curbaril PD25 DEV 18-0124 FACT: The design of the subdivision or the type of improvements will not cause serious health problems. FINDING: The design of the subdivision will not conflict with easements acquired by the public at large for access through, or the use of property within, the proposed subdivision; or substantially equivalent alternative easements are provided. FACT: The site is private property and no easements for public use exist at this time. FINDING: Covenants, Conditions and Restrictions (CC&R’s) or equivalent shall be required that incorporate the Master Plan of Development conditions of approval to ensure that the site retains the proposed qualities (architecture, colors, materials, plan amenities, fencing, and landscaping) over time. FACT: A condition of approval has been included in the attached resolution, requiring CC&R’s be recorded concurrently with the final map. FINDING: The proposed subdivision design and type of improvements proposed will not be detrimental to the health, safety or welfare of the general public. FACT: The proposed residential use will not be detrimental to the health, safety, or welfare of the general public or persons residing in the neighborhood. A residential use is consistent with the surrounding neighborhood. The Planned Development overlay language and City development standards will ensure that pedestrian and vehicular access conditions are designed in a manner which does not create ongoing safety concerns. SECTION 4. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on October 15, 2019, resolved to recommend the City Council approve a master plan of development and vesting tentative parcel map consistent with the following: EXHIBIT A: Vesting Tentative Parcel Map (AT18-0111) EXHIBIT B: Conditions of Approval EXHIBIT C: Master Plan of Development SECTION 5. CEQA. The proposed project is Categorically Exempt (Class 15) 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 15315, which exempts minor subdivisions of land. 49 ITEM 3 | 10-15-2019 Curbaril PD25 DEV 18-0124 BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Commissioner ____________, and seconded by Commissioner __________, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: () NOES: () ABSENT: () ABSTAINED: () ADOPTED: CITY OF ATASCADERO, CA __________________________________ Tom Zirk Planning Commission Chairperson ATTEST: ___________________________________ Phil Dunsmore Planning Commission Secretary 50 ITEM 3 | 10-15-2019 Curbaril PD25 DEV 18-0124 EXHIBIT A: Tentative Parcel Map DEV18-0124 51 ITEM 3 | 10-15-2019 Curbaril PD25 DEV 18-0124 EXHIBIT B: Conditions of Approval DEV18-0124 Conditions of Approval / Mitigation Monitoring Program Curbaril Residential Planned Development DEV18-0124 7900 Curbaril Timing FM: Final Map BP: Building Permit FO: Final Occupancy IP: Improvement Plans FI: Final Improvement Inspection Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer CA: City Attorney 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 the Establishment of PD36 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. Ongiong 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 the life of the Tentative Map. Ongoing 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  All project development shall be in conformance with the attached exhibits with the following modifications:  The parking court shall be colored or stamped concrete in areas not designated as pavers in compliance with PD-25 BP PS 52 ITEM 3 | 10-15-2019 Curbaril PD25 DEV 18-0124 Conditions of Approval / Mitigation Monitoring Program Curbaril Residential Planned Development DEV18-0124 7900 Curbaril Timing FM: Final Map BP: Building Permit FO: Final Occupancy IP: Improvement Plans FI: Final Improvement Inspection Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer CA: City Attorney standards.  Stucco be hand troweled smooth finish  Windows be high quality materials, not vinyl.  Roofing be architectural grade dimensional composition shingles.  A darker integral stucco color for color scheme A and tying the units together by using the same window and garage color for all 4 units  Use of historic color palettes for complimentary and accent colors  Concrete pads & access gates shall be installed for trash storage  Retaining walls shall be dark color split face block 5. Affordable Housing Requirement: The applicant shall submit a payment of 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 6. The emergency services and facility maintenance costs listed below shall be 100% funded by the project in perpetuity. The service and maintenance costs shall be funded through a community facilities district established by the City at the developer's cost. The funding mechanism must be in place prior to or concurrently with acceptance of the final maps. The funding mechanism shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any final map. The administration of the above mentioned funds shall be by the City. Developer agrees to participate in the community facilities district and to take all steps reasonably required by the City with regard to the establishment of the district and assessment of the property.  All Atascadero Police Department service costs to the project.  All Atascadero Fire Department service costs to the project.  Off-site common City of Atascadero park facilities maintenance service costs related to the project. BP PS 53 ITEM 3 | 10-15-2019 Curbaril PD25 DEV 18-0124 Conditions of Approval / Mitigation Monitoring Program Curbaril Residential Planned Development DEV18-0124 7900 Curbaril Timing FM: Final Map BP: Building Permit FO: Final Occupancy IP: Improvement Plans FI: Final Improvement Inspection Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer CA: City Attorney 7. 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 8. 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. d) Concurrent with recordation of CC&Rs and/or integrated into CC&Rs shall be a paragraph addressing the City’s roles and responsibilities related to the administration and enforcement of any CC&R provisions. BP PS, BS 54 ITEM 3 | 10-15-2019 Curbaril PD25 DEV 18-0124 Conditions of Approval / Mitigation Monitoring Program Curbaril Residential Planned Development DEV18-0124 7900 Curbaril Timing FM: Final Map BP: Building Permit FO: Final Occupancy IP: Improvement Plans FI: Final Improvement Inspection Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer CA: City Attorney ENGINEERING CONDITIONS PROJECT SPECIFIC CONDITIONS 9. Public improvement plans (PIPs) shall be prepared by a licensed civil engineer. PIPs shall be prepared on 24”x36” plan sheets, shall use the City Standard border and signature block, and shall comply with Section 2 of City Standard Specifications. IP CE 10. The Public Improvement Plan shall provide a City Standard plan and profile for the right-of-way centerline and new top of curb. A typical road section shall be diagramed and dimensioned on the plan and profile sheet and shall show right-of-way limits, centerline, lane widths, frontage improvements, PUE easement (beyond the right-of-way), and road surface cross-gradients. The plan and profile of the existing CL and edge of road flowline shall extend a minimum of 25-feet beyond the limits of the new improvements to adequately show continuity between existing road conditions and the new frontage improvements, to the satisfaction of the City Engineer. PI CE 11. The Public Improvement Plan shall include design sections at 25-feet stations from centerline to right-of-way. PI CE 12. An engineer’s cost estimate shall be prepared by a registered civil engineer (using the City’s standard spreadsheet) and submitted for review and approval by the City Engineer. PI CE 13. Prior to final inspection of the subdivision improvements, the Applicant’s engineer shall submit the following documents for review and approval by the City Engineer: a. Record drawings prepared by a registered civil engineer b. Material certifications c. Material and site conditions testing reports d. Applicant’s portion of the City Engineer’s Final Inspection Checklist e. Engineer of Work Certification (City form) f. Utility provider clearance letters g. Stormwater Forms: i. ATAS - SWP-1001 Engineer Certification Form ii. ATAS - SWP-1003 Owner Agent Information FI CE 55 ITEM 3 | 10-15-2019 Curbaril PD25 DEV 18-0124 Conditions of Approval / Mitigation Monitoring Program Curbaril Residential Planned Development DEV18-0124 7900 Curbaril Timing FM: Final Map BP: Building Permit FO: Final Occupancy IP: Improvement Plans FI: Final Improvement Inspection Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer CA: City Attorney iii. ATAS - SWP-3001 Stormwater System O&M Agreement iv. ATAS - SWP-3002 Private Stormwater System Recorded Notice PARCEL MAP CONDITIONS 14. Prior to recording the Parcel 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 uti lity company stating that the easements and rights-of-way shown on the map for public utility purposes are acceptable. FM CE 15. Documents required to be recorded concurrently with the Parcel Map shall be listed on the certificate sheet of the map. FM CE 16. The City of Atascadero may require an additional map sheet for information purposes in accordance with the Subdivision Map Act. FM CE EASEMENTS 17. A 6-feet wide Public Utility Easement (PUE) shall be dedicated contiguous to the Curbaril right-of-way. FM CE 18. Wherever an easement is created for commonly owned or operated improvements for the benefit of more than one lot a maintenance and operations agreement shall be required, to the satisfaction of the Community Development Director and City Engineer. FM CE 19. Development improvements that modify a natural drainage course may be required to provide an easement for the benefit of upstream tributary properties to an adequate point of discharge, to the satisfaction of the City Engineer. FM CE 20. Easements that are not intended to continue in perpetuity or may be subject to future modifications shall be recorded by separate instrument concurrently with the Parcel Map and not shown or referenced on the Parcel Map. FM CE 56 ITEM 3 | 10-15-2019 Curbaril PD25 DEV 18-0124 Conditions of Approval / Mitigation Monitoring Program Curbaril Residential Planned Development DEV18-0124 7900 Curbaril Timing FM: Final Map BP: Building Permit FO: Final Occupancy IP: Improvement Plans FI: Final Improvement Inspection Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer CA: City Attorney OFF-SITE ROAD IMPROVEMENTS 21. The Applicant shall construct new frontage improvements consisting of a 5-ft wide integral sidewalk, curb and gutter, new driveway approaches with a wrap-around ADA compliant sidewalk, and widen the roadway pavement to join said frontage improvements, in accordance with City Standard Specifications and Drawings and to the satisfaction of the City Engineer. IP CE 22. Where the new frontage improvements do not join existing frontage improvement, the Applicant shall construct an asphalt ramp in accordance with San Luis Obispo County Standard No. C-7. IP CE STORM WATER 23. Post-construction stormwater shall comply with the Section 5 of the City Standard Specifications and the Regional Water Quality Control Board Res. No. R3-2013-0032. BP CE 24. The Applicant’s engineer shall prepare a hydrology study for review and approval by the City Engineer. Storm water detention or retention facilities may be required. The study shall analyze the change in stormwater run-off between existing site conditions and post-development conditions and shall include design and sizing recommendations of storm water improvements to be included on the improvement plans. BP CE 25. Where storm water is concentrated as a result of new improvements, the drainage shall be conveyed in a non-erosive, controlled condition to an adequate point of discharge, to the satisfaction of the City Engineer. Where concentrated drainage from new improvements cannot be avoided and crosses more than one property, drainage easements may be required, to the satisfaction of the City Engineer. BP CE WASTEWATER 26. Each lot shall be served by a separate sewer lateral to the public sewer main in Curbaril Ave in accordance with City Standard Specifications and Drawings. Easements may be required BP, IP CE 57 ITEM 3 | 10-15-2019 Curbaril PD25 DEV 18-0124 Conditions of Approval / Mitigation Monitoring Program Curbaril Residential Planned Development DEV18-0124 7900 Curbaril Timing FM: Final Map BP: Building Permit FO: Final Occupancy IP: Improvement Plans FI: Final Improvement Inspection Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer CA: City Attorney wherever lateral(s) cross adjacent lots. UTILITIES 27. Each lot 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 Standard Specifications and Drawings and to the satisfaction of the City Engineer. BP, IP CE 58 ITEM 3 | 10-15-2019 Curbaril PD25 DEV 18-0124 EXHIBIT C: Master Plan of Development DEV18-0124 59 ITEM 3 | 10-15-2019 Curbaril PD25 DEV 18-0124 60 ITEM 3 | 10-15-2019 Curbaril PD25 DEV 18-0124 Option A 61 ITEM 3 | 10-15-2019 Curbaril PD25 DEV 18-0124 62 ITEM 3 | 10-15-2019 Curbaril PD25 DEV 18-0124 Option B 63 ITEM 3 | 10-15-2019 Curbaril PD25 DEV 18-0124 64 ITEM 3 | 10-15-2019 Curbaril PD25 DEV 18-0124 65 ITEM 3 | 10-15-2019 Curbaril PD25 DEV 18-0124 66 ITEM 3 | 10-15-2019 Curbaril PD25 DEV 18-0124 67 ITEM 3 | 10-15-2019 Curbaril PD25 DEV 18-0124 68 ITEM 3 | 10-15-2019 Curbaril PD25 DEV 18-0124 69