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HomeMy WebLinkAboutPC_2020-01-07_ 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, January 7, 2020 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 DECEMBER 3, 2019  Recommendation: Commission approve the December 3, 2019, Minutes. 2. APPROVAL OF FINAL MAP FOR 8575 and 8585 ATASCADERO AVE.  Recommendation: Commission approve Parcel Map AT16-0178. City of Atascadero Planning Commission Agenda Regular Meeting, January 7, 2020 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 applican t 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. 3. AMENDMENT TO 10075 AND 10085 ATASCADERO AVENUE MAP The proposed project consists of a reconsideration of an expired Tentative Map. The Tentative Tract Map proposes the division of two existing parcels into six new residential parcels. The project is consistent with previously certified Mitigated Negative Declaration (2016-0001) which was prepared for the original Tentative Tract Map (TTM 2015-0109) application. Ex-Parte Communications:  Recommendation: Approve the project with conditions (AMND19-0118) COMMISSIONER COMMENTS AND REPORTS DIRECTOR’S REPORT ADJOURNMENT The next regular meeting will be held on January 21, 2020, 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 thi s 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, January 7, 2020 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 revi ew in the Community Development Department. Commission meetings are audio recorded, and may be reviewed by the public. Copies of meeting recordings are available for a fee. Contact the City Clerk for more information (470-3400). In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager’s Office or the City Clerk’s Office, both at (805) 470-3400. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, “PUBLIC COMMENT”, the Chairperson will call for anyone from the audience having business with the Commission to approach the lectern and be recognized. 1. Give your name for the record (not required) 2. State the nature of your business. 3. All comments are limited to 3 minutes. 4. All comments should be made to the Chairperson and Commission. 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present. This is when items not on the Agenda may be brought to the Commission’s attention. A maximum of 30 minutes will be allowed for Public Comment Portion (unless changed by the Commission). TO SPEAK ON AGENDA ITEMS (from Title 2, Chapter 1 of the Atascadero Municipal Code) Members of the audience may speak on any item on the agenda. The Chairperson will identify the subject, staff will give their report, and the Commission will ask questions of staff. The Chairperson will announce when the public comment period is open and will request anyone interested to address the Commission regarding the matter being considered to step up to the lectern. If you wish to speak for, against or comment in any way: 1. You must approach the lectern and be recognized by the Chairperson. 2. Give your name (not required). 3. Make your statement. 4. All comments should be made to the Chairperson and Commission. 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present. 6. All comments limited to 3 minutes. If you wish to use a computer presentation to support your comments, you must notify the C ommunity Development Department at 470-3402 at least 24 hours prior to the meeting. Digital presentations brought to the meeting should be on a USB drive or CD. You are required to submit to the Recording Secretary a printed copy of your presentation for the record. Please check in with the Recording Secretary before the meeting begins to announce your presence and turn in the printed copy. The Chairperson will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Commission. PC Draft Minutes of 12/3/19 Page 1 of 4 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting – Tuesday, December 3, 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 6:00 p.m. and Commissioner van den Eikhof led the Pledge of Allegiance. ROLL CALL Present: Commissioners Anderson, Keen, van den Eikhof, Shaw, Vice Chairperson Dariz Absent: Commissioner Wolff (excused absence) Chairperson Zirk (excused absence) Others Present: Recording Secretary, Annette Manier Staff Present: Senior Planner, Kelly Gleason Assistant Planner, Mariah Gasch Staff Absent: Community Development Director, Phil Dunsmore APPROVAL OF AGENDA MOTION: By Commissioner Anderson and seconded by Commissioner Shaw to approve the Agenda. Motion passed 4:0 by a roll-call vote. (Commissioner Keen absent) PUBLIC COMMENT None. Vice Chairperson Dariz closed the Public Comment period. ITEM NUMBER: 1 DATE: 1-7-2020 1 PC Draft Minutes of 12/3/19 Page 2 of 4 CONSENT CALENDAR 1. DRAFT MINUTES OF NOVEMBER 19, 2019 Recommendation: Commission approve the November 19, 2019, Minutes. MOTION: By Commissioner van den Eikhof and seconded by Commissioner Anderson to approve the Consent Calendar. Motion passed 4:0 by a roll-call vote. (Commissioner Keen absent) 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 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. CONDITIONAL USE PERMIT FOR 7835 EL CAMINO REAL The proposed project consists of a Conditional Use Permit at 7835 El Camino Real to demolish an existing building on the site and build a 600 square foot drive-through coffee shop. The coffee shop would include a queue area that could accommodate up to six (6) cars. Ex-Parte Communications:  Recommendation: Approve the project with conditions (USE19-0061) EX-PARTE COMMUNICATIONS Commissioner Shaw spoke with neighbors on the elevator immediately prior to the meeting. Commissioner Anderson saw this item at the DRC. Vice Chairperson Dariz saw this item at the DRC. 2 PC Draft Minutes of 12/3/19 Page 3 of 4 Planners Gasch and Gleason presented the staff report and answered questions from the Commission. Pam Jardini, applicant’s representative, provided a presentation to the Commission (Exhibit A). PUBLIC COMMENT The following members of the public spoke during public comment: Pam Jardini, Pat Mitchell, Larry Gabriel and Al Fonzi. Ms. Jardini shared a presentation with the Commission (Exhibit A). Ms. Jardini asked the Commission to revise Condition 12 on Page 21 of the staff report to include the Human Bean logo on the blank wall. Commissioner Keen arrived at 6:17 p.m. and stated that she had no ex-parte communications. Ms. Jardini addressed Mr. Fonzi’s concerns. Larry Gabriel, Architect, answered questions from the Commission and shared some pictures with the Commission from his cell phone (Exhibit B). Staff, the applicant, and the Commission deliberated over the hours of operation. Hours of operation are not listed in conditions of approval. The applicant is asking for hours of operation to be 5:00 a.m. to 9:00 p.m. Vice Chairperson Dariz closed the Public Comment period. Vice Chairperson Dariz reopened the Public Comment period. PUBLIC COMMENT The following members of the public spoke during public comment: Bob Bacca, representative from The Human Bean. Vice Chairperson Dariz closed the Public Comment period. MOTION: By Commissioner van den Eikhof and seconded by Commissioner Keen to adopt PC Resolution 2019- A, recommending that the Planning Commission approve a Conditional Use Permit (USE19-0061) allowing a drive-through coffee shop in the commercial professional zoning district, based on findings and subject to conditions of approval, with the additional conditions of adding the logo to the blank wall to increase signage (sign exception), 3 PC Draft Minutes of 12/3/19 Page 4 of 4 and to mitigate the on-site grading by either repairing the slope and fence, or putting in a retaining wall. Motion passed 5:0 by a roll-call vote. COMMISSIONER COMMENTS AND REPORTS None. DIRECTOR’S REPORT Planner Gleason stated that the meeting on December 17, 2019, will be cancelled, and gave an update on projects in the City. ADJOURNMENT –6:56 p.m. The next Regular meeting of the Planning Commission is scheduled for January 7, 2020, at City Hall, Council Chambers, 6500 Palma Avenue, Atascadero. MINUTES PREPARED BY: ____________________________ Annette Manier, Recording Secretary Administrative Assistant The following exhibits are available in the Community Development Department: Exhibit A – Presentation by Pam Jardini Exhibit B – Pictures from Larry Gabriel 4 ITEM NUMBER: 2 DATE: 1/07/2020 Atascadero Planning Commission Staff Report – Community Development Department Parcel Map AT 16-0178 (8585 & 8575 Atascadero Ave) Messer (F17-0187) RECOMMENDATIONS: Commission: 1. Approve Parcel Map AT16-0178. DISCUSSION: Tentative Parcel Map AT16-0178 (City PLN 2016-1590 & TM 2016-0103) was approved by the Planning Commission on November 1, 2016 (PC Resolution No. PC 2016-0029). The Tentative Parcel Map authorized the subdivision of two existing parcels (8585 & 8575 Atascadero Ave) into four (4) single-family residential lots. Staff has coordinated with the applicant (Messer) to ensure that Tentative Parcel Map Conditions of Approval have been satisfied. Requirements for Off-site Improvements Off-site improvements required for the subdivision are limited to new utility services to serve the new parcels, one new fire hydrant, and a new driveway entrance. On-site improvements On-site improvements included a common private road/driveway, new utility services to each parcel, and stormwater control basins. Conclusion The City Engineer and Community Development Director have reviewed the Parcel Map and Conditions of Approval and find the Parcel Map to be in substantial conformance with the approved Tentative Parcel Map. Pursuant to California Government Code Title 7, Division 2, the approving legislative body (Planning Commission) shall not deny a Parcel Map provided it finds the Parcel Map is in substantial conformance with the previously approved Tentative Parcel Map. If approved, the Parcel Map will be delivered to the County Recorder for recordation. FISCAL IMPACT: None. ATTACHMENT: Parcel Map AT16-0178 5 ITEM NUMBER: 2 DATE: 1/07/2020 6 September 2, 2003 Page 1 of 20 Atascadero Planning Commission Staff Report - Community Development Department Bosque Court 6 Lot Subdivision Map Reconsideration AMND19-0118 10075/10085 Atascadero Ave. SUBJECT: The applicant is requesting a Map Reconsideration of a previously approved and expired Tentative Tract Map (TTM 2015-0109, TR 3085) that allowed for the subdivision of two existing lots totaling an estimated 6.71 acres into six (6) lots of one (1) gross acre or more. The project is consistent with previously certified Mitigated Negative Declaration (2016- 0001). A new map number was issued by the County (TR 3147). RECOMMENDATION: Staff recommends: 1. The Planning Commission approve the Draft Resolution approving Vesting Tentative Tract Map TR 3147 and Tree Removal Permit TRP 2015-0188 to allow a six (6) lot subdivision on APN’s 056-211-038 and 037. Situation and Facts 1. Applicant / Property Owner: DA 2 Development LLC, 7650 Portola Road, Atascadero, CA 93422 2. Project Address: 10075 and 10085 Atascadero Avenue, Atascadero, CA 93422, APN’s 056-211-037/038 4. General Plan Designation: Single-Family Residential (RSF) 5. Zoning District: Residential Single-Family (RSF-Y) 6. Site Area: 6.71 acres 7. Existing Use: Vacant / Residential Infill ITEM NUMBER: 3 DATE: 1/07/20 7 8. Environmental Status: Map Reconsideration is compliant with Certified Mitigated Negative Declaration 2016-0001. DISCUSSION: Background The existing 6.71-acre site at 10075 and 10085 Atascadero Avenue is currently vacant. A tentative map to subdivide the two parcels into six lots was approved by the Planning Commission on May 17, 2016. The applicant submitted subdivision improvement plans and has completed construction of all improvements. During that time, the map expired. Because the map continues to meet all zoning and code required development standards, this project is being brought forward as a reconsideration of the original project. No changes to the project have been made from the previous approval. Surrounding Land Use and Setting North: Residential Single-Family (RSF-Y) South: Residential Single-Family (RSF-Y) 8 East: Residential Single-Family (RSF-Y) West: Atascadero Avenue ROW / Residential Suburban (RS) ANALYSIS: The proposed project consists of a request for approval of Tentative Vesting Tract Map 3147 in order to subdivide two existing lots at 10075 and 10085 Atascadero Avenue. The entire 6.71 acres will be subdivided into six (6) smaller lots in the Residential Single- Family (RSF-Y) zone, which has a minimum lot size of 1-acre gross area. The proposed lot sizes range in size from 1.0 gross acre to 1.24 gross acres. The AMC defines “gross acre” as the total area of a lot, inclusive of roads and easements. The proposed subdivision meets all required elements of Title 11, Subdivision Design, Maps, and General Requirement for Maps. Subdivision Design The six (6) lots are accessed from a cul-de-sac that is currently constructed as part of the previously approved subdivision improvement plans. A proposed building envelope has been included on each lot to quantify the number of native trees that may be removed. It is expected that new residential homes will be placed in the proposed building envelopes to take advantage of a streamlined environmental review. Staff will work with the applicant and the applicant’s arborist to site new homes that will reduce native tree removals. The proposed buildable areas are shown in Attachment 2, Exhibit E (Building Envelopes). Should an applicant wish to build outside of this area, additional environm ental analysis will be required. 9 Tentative Vesting Tract Map 3147 Subdivision Map Proposed Public Improvements The cul-de-sac, named Bosque Court, would be privately maintained by the residents through a maintenance agreement or similar mechanism approved by the City. All utilities within the subdivision will be installed underground. While some of the improvements and undergrounding has occurred as part of the subdivision improvement construction, conditions will remain related to these items as part of the map approval to avoid any future confusion over the requirements for the subdivision. Stormwater / Drainage / Post Construction Stormwater The proposed project is required to comply with Post-Construction Storm Water Management requirements mandated by the State of California per State Water Bo ard Resolution No. R3-2013-0032. The proposed new development will be required to retain all stormwater drainage on-site at pre-development level. A hydrology report will be required at the time of final map / public improvement plan submittal to comply with this requirement. Conditions have been placed to ensure the applicant meets these new State Standards, including on-site basins for individual lots or through a common basin for the lots and roadway conveyed through easements. 10 Tree Removal Permit The original map approval included approval to remove a number of native oak trees that were conflicting with the proposed improvements. While some of these trees have already been removed, conditions from the original approval have been carried over to en sure consistency and compliance with the municipal code and eliminate any future confusion. The original approval included removal of one (1) Live Oak tree totaling 5-inches DBH and one (1) blue oak tree totaling 7-inches in DBH associated with the road construction. Per the Atascadero Native Tree Ordinance and Guidelines, these removals were mitigated at a higher fee / replacement when compared to Single -Family Residential removals. Either six (6), 5-gallon trees are to be located within the project or a fee of $316.66 enacted, or combination thereof. An additional 143-inches of DBH may be removed on the six (6) individual lots as they are developed. This is based on the proposed building envelopes that have been identified. At the time of lot development, an Arborist Report will be required based on the location of the proposed residence and driveway. Any native trees removed will be subject to the Native Tree Ordinance and will be required to be mitigated. City staff will work with the project arborist to reduce the amount of tree removals to the extent feasible. General Plan Consistency The proposed project is consistent with the following General Plan Land Use Element Goals and Policies based on the following determinations:  The proposed subdivision is compatible with the City’s existing Zoning Ordinance, which requires a minimum lot size of one (1) gross acre. The average lot size within 300-feet of the proposed project is approximately 1.1 acres, which is co nsistent with Land Use Policy 2.1;  The proposed subdivision is not proposing intensive grading on-site of the six (6) lots and has included building envelope(s) to avoid native trees and site slopes, consistent with Land Use Policy 5.3;  The proposed development ensures that areas will remain undisturbed through the identification of building envelopes, as well as an open space easement as required by the Mitigated Negative Declaration to preserve an existing swale, consistent with Land Use Policy 6.1;  The proposed development has reached out to local Native American nations including the Chumash and Salinan Nations to ensure that no pre -historical resources are disturbed with development, consistent with AB 52 and Land Use Policy 6.2; and 11  The proposed project includes improvements such as a new roadway that will minimize native tree removals, as well as, building envelopes that protect native trees for additional disturbances consistent with Land Use Policy 7.1. Tree Removal Permit Findings In considering any tree removal request, at least one of the required findings must be made by the Planning Commission. Staff has identified the following finding as appropriate for the application request, as the two trees proposed for removal are located in the area proposed for through access between the sites and San Benito Road. The native trees are obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified b y a report from the site planner and determined by the Community Development Department based on the following factors: a. Early consultation with the City, b. Consideration of practical design alternatives, c. Provision of cost comparison (from applicant) for practical design alternatives. Vesting Tentative Subdivision Map Consistent with the California Government Code (CGC) § 66474 (Subdivision Map Act) and the Atascadero Municipal Code Title 11, Subdivisions, staff recommends the Planning Commission make the following findings:  The proposed subdivision is consistent with the General Plan and applicable zoning requirements, as identified in the General Plan consistency analysis that was completed in this Staff Report, including five (5) major land use development policies pertaining to residential development within the City of Atascadero.  The proposed project is suitable for the type of proposed development. The site’s General Plan designation is Single-Family Residential (SFR) and contains a corresponding zoning designation of RSF-Y. The site is gently sloping in a predominately large lot single-family residential neighborhood. Construction of single-family residential homes is consistent with the type of use and density envisioned by the City’s General Plan.  The proposed density of the project is 1 unit per gross acre, which is consistent with the General Plan’s maximum density of 2.0 units per gross acre for this land use designation. Second units are permitted within this land use designat ion / zoning district and if all lots developed with second units, the proposed development will not exceed the maximum allowed density per the City’s General Plan. The proposed subdivision meets the RSF-Y minimum lot size designation of one (1) gross acre per lot; therefore, the proposed project is physical suitable for the proposed density of the project. 12  The proposed project’s Mitigated Negative Declaration (MND) evaluated potential impacts to fish, wildlife, and their habitat. A biological assessment of the proposed project concluded that, with implementation of mitigation, the proposed project would result in a less than significant impact to special status plant and wildlif e species and to native trees. Further, the proposed project would have no impact on wildlife corridors or jurisdictional waters of the United States.  The proposed project will not cause serious health problems as discussed in detail in the MND. The site has been thoroughly investigated for the potential presence of hazards and hazardous materials and, with the incorporation of mitigation measures, development of the project would not have the potential to create a significant hazard to the public or environment, which includes mitigation for temporary construction dust and noise; therefore, the proposed subdivision will not cause serious health problems.  The proposed project consists of a six (6) lot residential subdivision for the construction of six (6) single-family homes and would not interfere with existing access or use easements on the site. The project will provide for all appropriate access for public utilities. Further, the project would provide for public access to the site through a new residential street that includes a cul-de-sac for emergency turn-arounds and safety, in compliance with City Standards. Accordingly, the design of the subdivision would not conflict with access through or use of the properties within the proposed subdivision.  The vesting tentative subdivision map includes a variety of on-site and off-site improvements necessary to serve the buildout of the six (6) lots created by the map. These improvements, including grading and drainage of the proposed new street, must be complete prior to the recordation of parcels in order to insure the orderly development of the surrounding area. Proposed Environmental Determination The map reconsideration is consistent with previously certified MND 2016-0001. Mitigation measures identified in this document are included as conditions of approval. Conclusion The applicant has resubmitted a parcel map to subdivide two legal lots totaling 6.71 acres into six (6) lots for residential development. A new residential street will provide access to these proposed lots and will feed into Atascadero Avenue, which is a designated Minor Arterial. The proposed project is consistent with the General Plan and Atascadero Municipal Code based on the above analysis and incorporated conditions. Staff recommends approval of the Vesting Tentative Subdivision Map and the Tree Removal Permit as proposed in the draft resolution. 13 ALTERNATIVES: 1. The Commission may include modifications to the project and/or conditions of approval for the project. 2. The Commission may determine that more information is needed on some aspect of the project and may refer the item back to the applicant and staff to develop the additional information. The Commission should clearly state the type of information that is required and move to continue the item to a future date. 3. The Commission may deny the project. The Commission must specify the reasons for denial of the project and make an associated finding with such action. If the project is denied, the subdivision improvements will need to be removed to a level that provides driveway access only to the two existing lots and any necessary easements will need to be recorded. ATTACHMENTS: Attachment 1: Location Map, General Plan, and Zoning Attachment 2: PC Draft Resolution 14 Attachment 1: Location Map, General Plan and Zoning Zoning: Residential Single-Family (RSF-Y) General Plan Designation: Single-Family Residential (SFR-Y) Project Site 10075 / 10085 Atascadero Ave 15 Attachment 2: Draft Resolution A– VTSM Approval PC DRAFT RESOLUTION RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING A SIX (6) LOT VESTING TENATIVE SUBDIVISION MAP (TR 3147) WITHIN THE RESIDENTIAL SINGLE-FAMILY (RSF-Y) ZONE AND TREE REMOVAL PERMIT 2015-0188 ON APN 056-211-037, 056-211-038 DA2 Development, LLC 10075/10085 Atascadero Avenue AMND 19-0118 WHEREAS, an application has been received from DA2 Development, LLC, applicant and owner, to consider a reconsideration of a six (6) lot Vesting Tentative Subdivision Map (3147) and Tree Removal Permit 2015-0188 on a 6.71-acre site located at 10075 and 10085 Atascadero Avenue (APN 056-211-037, 038); and, WHEREAS, the site’s General Plan Designation is Single Family Residential (SFR); and, WHEREAS, the site’s Zoning District is Residential Single Family (RSF-Y); and, WHEREAS, an application has been received to subdivide two (2) recorded lots totaling 6.71 acres into six (6) lots that meet the minimum lot size standard in the Residential Single Family (RSF-Y) zoning district; and, WHEREAS, Mitigated Negative Declaration 2016-0001 was prepared for the project and certified by the Planning Commission at a public hearing on May 17, 2016; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on January 7, 2020 studied and reconsidered the Vesting Tentative Subdivision Map TR 3147 (AMND 19-0118), and NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: 16 SECTION 1. Findings of Approval for Vesting Tentative Subdivision Map The Planning Commission of the City of Atascadero finds as follows: 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan and the proposed Specific Plan. (Government Code§§ 66473.5 and 66474(a) and (b)) The proposed subdivision is consistent with the General Plan and applicable zoning requirements, as identified in the General Plan consistency analysis that was completed in this Staff Report, including five (5) major land use development policies pertaining to residential development within the City of Atascadero. 2. The site is physically suitable for the type of development. (Government Code§ 66474(c)). The proposed project is suitable for the type of proposed development. The site’s General Plan designation is Single family Residential (SFR) and contained a corresponding zoning designation of RSF-Y. The site is gently sloping in a predominately-large lot single-family residential neighborhood. Construction of single- family residential homes is consistent with the type of use and density envisioned by the City’s General Plan. 3. The site is physically suitable for the proposed density of development. (Government Code § 66474(d)) The proposed density of the project is one unit per gross acre, which is consistent with the General Plan’s maximum density of 2.0 units per gross acre for this land use designation. Second units are permitted within this land use designation / zoning district and if all lots developed with second units, the proposed development will not exceed the maximum allowed density per the City’s General Plan. The proposed subdivision meets the RSF-Y minimum lot size designation of one (1) gross acre per lot, there the proposed project is physical suitable for the proposed density of the project. 4. The design of the subdivision or the proposed improvements will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. (Government Code § 66474(e)) The proposed project’s Mitigated Negative Declaration evaluated potential impacts to fish, wildlife, and their habitat and was approved. A Biological assessment of the proposed project concluded that, with implementation of mitigation, the proposed project would result in a less than significant impact to special status plant and wildlife species and to native trees. Further, the proposed project would have no impact on wildlife corridors or waters of the US. 5. The design of the subdivision or the type of improvements will not cause serious health problems. (Government Code § 66474(f)) The proposed project will not cause serious health problems as discussed in detail in Mitigated Negative Declaration. The site has been thoroughly investigated for the 17 potential presence of hazards and hazardous materials and, with the incorporation of mitigation measures, development of the Project would not have the potential to create a significant hazard to the public or environment, which includes mitigation for temporary construction dust and noise; therefore, the proposed subdivision will not cause serious health problems 6. The design of the subdivision will not conflict with easements for access through or use of property within the proposed subdivision. (Government Code § 66474(g)) The proposed project consists of a six (6) lot residential subdivision for the construction of six (6) single family homes and would not interfere with existing access or use easements on the site. The Project will provide for all appropriate access for public utilities. Further, the Project would provide for public access to the site via a new residential street that includes a cul-de-sac for emergency turn-arounds and safety, in compliance with City Standards. Accordingly, the design of the subdivision will not conflict with access through or use of the properties within the proposed subdivision. 7. The installation of public improvements are necessary prior to recordation of a Final Map in order to insure orderly development of the surrounding area (Government Code § 66411.1(b)(2). The vesting tentative subdivision map includes a variety of inter -related on-site and off-site improvement necessary to serve the build out of the six (6) lots created by the map. These improvements, including grading and drainage of the proposed new street, must be complete prior to the recordation of parcels in order to insure the orderly development of the surrounding area. SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on January 7, 2020, approved the reconsideration of a Vesting Subdivision Map - Tract 3147 (AMND 19-0118) subject to the following: 1. EXHIBIT A: Conditions of Approval 2. EXHIBIT B: Vesting Tentative Subdivision Map TR 3147 3. EXHIBIT C: Grading Plan 4. EXHIBIT D: Utility Plan 5. EXHIBIT E: Building Envelopes 6. EXHIBIT F: Tree Mitigation Chart 18 On motion by Commissioner ______ and seconded by Commissioner _____ the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: (0) NOES: (0) ABSTAIN: (0) ABSENT: (0) ADOPTED: CITY OF ATASCADERO, CA ______________________________ Tom Zirk Planning Commission Chairperson Attest: ______________________________ Phill Dunsmore Planning Commission Secretary 19 Exhibit A: Conditions of Approval Vesting Tentative Subdivision Map TR 3147 Conditions of Approval PLN 2015-1563 / TR 3147 / AMND 19-0118 10075 / 10085 Atascadero Avenue Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Planning and Building Services Conditions 1) The approval of this application shall become final and effective for the purposes of issuing building permits, provided the required conditions of approval have been satisfied, fourteen (14) days following the Planning Commission approval unless prior to the time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. On-Going PS 2) 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. On-going CA 3) Approval of this Tentative Parcel Map shall be valid for two years after its effective date. At the end of the period, the approval shall expire and become null and void unless an extension of time is granted pursuant to a written request received prior to the expiration date. On-going PS 4) An initial one (1) year extension may be granted through an extension of entitlement consistent with Atascadero Municipal Code section 9-2.117(a). All subsequent map extensions, as available consistent with the Subdivision Map Act, shall be made consistent with section 9-2.117 (b) and Title 11 of the Atascadero Municipal code. On-going PS 5) Consistent with the Subdivision Map Act, the approved Vesting Tentative Subdivision Map (TTM) was deemed completed on April 28, 2016. On-Going PS 6) The Community Development Department shall have the authority to approve minor changes to the project that (1) increase the square footage of the project by less than 10%, (2) result in a superior site design or appearance, and/or (3) address a construction design issue that is not substantive to the Vesting Tentative Subdivision Map. BP PS 7) A final parcel map drawn in substantial conformance with the approved 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. PM PS 8) All subsequent final maps, site work, construction permits, grading, and site improvements shall be consistent with Exhibit B through D. BP PS 9) Any proposed residential structures and driveways shall be located in the proposed building envelope as identified in Exhibit E. BP PS 20 Conditions of Approval PLN 2015-1563 / TR 3147 / AMND 19-0118 10075 / 10085 Atascadero Avenue Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney 10) A condition or note on the Final map shall include language referring back to project approvals and building envelopes as shown in exhibit E. FM PS 11) A deed notification shall be recorded concurrently with the Final Map noticing future homeowners of adopted building envelopes consistent with Exhibit E. FM PS 12) A maintenance agreement shall be recorded at time of Final Map to clearly identify future maintenance roadway, common drainage areas, and any other shared facilities. An association is not required to be established; however, a mechanism for future funding of maintenance of shared improvements is required. FM PS 13) Consistent with the certified Mitigation Measures of certified Mitigated Negative Declaration 2016-0001, the southern end of the proposed project area shown in Figure 1 of the Biological Report shall be designated with a permanent open space easement that restricts the area from further development. This easement shall be recorded concurrently with the final map. FM PS 14) The applicant shall either pay $316.66 into the tree mitigation fund and/or replant six (6) five-gallon native trees on subject property or any combination thereof for removals of native trees in the proposed new roadway (El Bosque Court). Tree Removal / site improvement permit PS 15) Future property owners shall work with City Staff and project arborist to reduce the number of native trees removed as a part of individual lot development, to the extent feasible. BP PS 16) An arborist shall be retained at time of building permits to ensure native trees which are to remain on site are protected during construction of on- site improvements and each new building. BP PS Public Works Department Conditions 17) The Subdivider shall enter into a Plan Check/Inspection agreement with the City. FM CE/PS 18) The Subdivider shall be responsible for the relocation and/or alteration of existing utilities. FM CE 19) Upon approval by the City Engineer of the improvement plans, the Subdivider shall prepare a reproducible Mylar plan set for signature by the City, Atascadero Mutual Water Company and public utility companies. FM CE 20) The applicant shall provide an engineer’s estimate for all work shown on the subdivision improvement plans. FM/BP CE 21 Conditions of Approval PLN 2015-1563 / TR 3147 / AMND 19-0118 10075 / 10085 Atascadero Avenue Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney 21) Building plans will not be approved by the Public Works Department until the subdivision improvement plans are approved (Mylar plan set signed by the City Engineer) and the Final Map is recorded. BP CE 22) Prior to the final inspections and approval of the subdivision improvements the applicant shall provide to the City Engineer record drawings, signed by the Engineer of Record. The record drawing submittal shall consist of the following:  One plan set of reproducible Mylar.  One set of prints of the approved record drawings.  One electronic file of the plan set (PDF file)  One electronic file of the plan set in AutoCAD. The AutoCAD file set shall be complete and ready to use and shall include all critical data files, 3D features, points, etc. FM CE 23) The location of the new street is located between and close to two (private) driveways and has the potential to create vehicular conflicts. Therefore, in an effort to combine points of access along Atascadero Ave, the Subdivider shall negotiate with the adjacent northerly property owner for the abandonment of the adjacent off-site driveway, to be replaced by a new driveway connection to the new street. If successful, the Subdivider shall reconstruct the existing driveway to connect to the new street. Should the Subdivider be unable come to an agreement with the adjacent property owner, the condition can be terminated provided the Subdivider submits documentation showing a reasonable effort of negotiations has been attempted, as determined by the City Engineer. BP CE/PS 24) Prior to the final inspection of any public improvements, the applicant shall submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans BP CE 25) Prior to the final inspection, the Subdivider shall submit a written certification from a registered civil engineer or land surveyor that all survey monuments have been set as shown on the final map, or, bonded for in conformance with the Subdivision Map Act. FM CE Final Map Conditions Tract 3085: 26) The Final Map shall show the 50-feet wide public right-of-way and offer of dedication BP CE 27) A Public Utility Easement (six feet wide) shall be dedicated on each new lot created and shall be located along and contiguous to the public right-of- way FM/BP CE 28) The Final Map shall list on the Certificate sheet, all documents to be recorded concurrently with the Final Map. FM/BP CE 22 Conditions of Approval PLN 2015-1563 / TR 3147 / AMND 19-0118 10075 / 10085 Atascadero Avenue Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney 29) If required by the City to show building setbacks, building envelopes, or list mitigations/conditions of approval, said information shall be shown on an additional information sheet. FM/BP CE 30) The Final Map shall show all easements, public and private, unless provided as a separate instrument to be recorded concurrently with the Final Map, to the satisfaction of the City Engineer/City Surveyor FM/BP CE 31) Prior to recording the map, the Subdivider shall set monuments at all new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. FM/BP CE 32) Drainage easements shall be provided as needed to accommodate both public and private drainage facilities. FM/BP CE 33) A preliminary subdivision guarantee shall be submitted for review in conjunction with the processing of the Final Map. FM/BP CE 34) Prior to recording the map, the Subdivider shall have the map reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The Subdivider shall obtain a letter from each utility company indicating their ability to serve the subdivision and review and approval of the map and easements FM/BP CE On-Site / Off-Site Roadway Improvements 35) All public improvements shall be constructed in conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings and/or as directed by the City Engineer. FM/BP CE 36) The Subdivider shall design and construct the new street and cul-de-sac in accordance with City Standards and Specifications for a “Rural Local” road, to the satisfaction of the City Engineer. The new street shall not be split and shall be centered in the public right-of-way or as approved by the City Engineer. The Subdivider shall remove the existing Oak Tree from the new roadway. FM/BP CE 37) An engineer’s estimate of probable cost shall be submitted for review and approval by the City Engineer to determine the amount of the bond FM/BP CE 38) The Subdivider shall remove the existing utility pole and facilities from the new roadway. New or relocated utility poles shall be placed not closer than 10 feet from the edge of the road. Exceptions to this may be granted by the City Engineer on a case-by-case basis. BP CE 39) Street pavement shall be not less than 20 feet wide with 4-foot wide shoulders. Curb & gutter shall be installed to control drainage when the longitudinal roadway gradient exceeds 7 percent or the existing soils are easily erodible (as determined by the soils engineer). When curb & gutter BP CE 23 Conditions of Approval PLN 2015-1563 / TR 3147 / AMND 19-0118 10075 / 10085 Atascadero Avenue Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney are required for drainage, the shoulders shall be paved and the curb-curb width shall be 28 – 36 feet wide (28’ =parking on one side, 36’ =parking on both sides). If parking is limited to one side only, “No Parking” signage and red curb shall be placed on the opposite side of the road, to the satisfaction of the City Engineer. 40) The cul-de-sac shall have a radius of 38 from center to edge of pavement (assuming curb/gutter is not required). BP CE 41) Curb & pavement returns at the intersection with Atascadero Ave shall have a radius of not less than 20 feet; larger radii may be required as determined by the City Engineer BP CE 42) The structural pavement section shall be based on a Traffic Index of 5.5. BP CE 43) Subdivision improvement plans shall be prepared by a registered civil engineer and submitted to the Public Works Department for review and approval. The plans shall be approved prior to building permit issuance BP CE 44) A 6-foot wide public utilities easement shall be dedicated along all street frontages, to the satisfaction of the City Engineer FM CE Stormwater / Post-Construction Water Quality 45) Discharges to the City storm water collection system are subject to review under the City’s MS4 permit and the requirements established by the Regional Water Quality Control Board for discharges to waters of the United States. The City storm water collection system includes, but is not limited to, creeks, streams, drainage channels, pipes, culverts, inlets and drainage structures, for the conveyance of storm water across public and private properties and rights-of-way. Illicit discharges shall not be approved and shall be eliminated where known to exist or identified. Certain non-storm water discharges may not be considered illicit where it can be shown that these waters are not contaminated. GP CE 46) A Storm Water Pollution Prevention Plan (SWPPP) is required prior to issuance of construction permits. General Construction Activity Storm Water Permit is required for all storm water discharges associated with a construction activity where clearing, grading or excavations result in land disturbance of five or more acres. Storm water discharges of less than five acres, but which is part of a larger common plan of development or sale, also require a permit. Permits are required until the construction is complete. To be covered by a General Construction Activity Permit, the owner(s) of land where construction activity occurs must submit a completed "Notice of Intent" (NOI) form, with the appropriate fee, to the State Regional Water Quality Control Board. GP CE 47) A detailed hydraulic analysis is required to be prepared by a registered civil engineer and submitted to the City Engineer for review. The analysis shall size storm water detention facilities based on the difference between a post-construction 50-yr storm event and a pre-development 2-yr storm event. The proposed development must mitigate any situation that GP CE 24 Conditions of Approval PLN 2015-1563 / TR 3147 / AMND 19-0118 10075 / 10085 Atascadero Avenue Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney increases flooding and erosion potential downstream of the subject property. 48) Road drainage shall be conveyed to an adequate point of disposal and shall be in compliance with the Post-Construction Storm Water Management requirements mandated by the State of California per State Water Board Resolution No R3-2013-0032 (effective March 6, 2014). Drainage easements may be required to be offered to the City, as determined by the City Engineer GP CE 49) Improved, concentrated, or diverted storm water run-off shall not be directed across property lines unless conveyed in an existing waterway, or, where located within a drainage easement. Clarify how sheet flow will be induced, or provide the appropriate drainage improvements to the satisfaction of the City Engineer. GP CE 50) A Storm Water Control Plan (SWCP) shall be prepared and submitted with the subdivision improvement plans and shall show and document compliance with the 2014 Post Construction Stormwater Regulations as promulgated by the Regional Water Quality Control Board. The SWCP shall be prepared on the City’s form. GP CE 51) The Subdivider shall prepare an operations and maintenance plan for all Storm Water Control Measures (SCM) required for this project GP CE 52) The subdivision improvement plans shall include complete details, detail references and plan notes for the proposed SCM and improvements necessary to provide reasonable stormwater treatment. The plans may include but are not limited to infiltration, detention and settling, bio-filtration, filtration, and flow-through separation facilities. GP CE 53) Depending on the final area of impervious surface for the street, a maintenance agreement, signed by the property owner for annual inspection and maintenance of post-construction stormwater treatment facilities (including a detention basin if required) shall be submitted for review and approval by the City Engineer. The maintenance agreement (if required) shall be recorded concurrently with the Final Map and shall run with the land. GP CE 54) The development of each lot shall consider surface drainage systems that include bio-swales or sheet flow through planted areas rather than subsurface systems as a Best Management Practice (BMP) for post- development runoff where practicable GP CE Grading 55) Grading design shall be in substantial compliance with the Geotechnical Report prepared for this subdivision AND City regulations and policies GP CE GP CE 25 Conditions of Approval PLN 2015-1563 / TR 3147 / AMND 19-0118 10075 / 10085 Atascadero Avenue Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney 56) Subdivision improvement plans shall include an Erosion Control Plan utilizing Best Management Practices (BMPs) to control erosion and minimize dust. 57) All disturbed surfaces steeper than four horizontal to one vertical (4:1) and areas used to convey concentrated drainage shall be prepared and maintained to control erosion by effective planting or other means approved by the City Engineer. Disturbed surfaces shall be planted with native species and shall provide an even distribution of new growth over approximately 70 percent of the disturbed surfaces prior to a final inspection of the subdivision improvements. GP CE Public Utilities 58) The Subdivider shall extend the Public Water System from Atascadero Ave to the end of the new street, to the satisfaction of the Atascadero Mutual Water Company (AMWC) and City Engineer. The new water main shall be capable of providing the required fire flow to serve the subdivision. GP CE 59) Domestic water service laterals and water meters shall be provided to each lot per AMWC standards and to the satisfaction of the City Engineer GP CE 60) Fire hydrants shall be located in accordance with AMWC Standards and Specifications and to the satisfaction of the Fire Marshall and City Engineer. GP CE 61) The Subdivider shall extend an 8” diameter public gravity sewer in the new street to the extent possible, in accordance with City Standards and Specifications and to the satisfaction of the City Engineer GP CE 62) The Subdivider shall install a gravity sewer lateral to serve each lot in the subdivision. Laterals shall be constructed in accordance with City Standards and shall extend to the new street right-of-way. Lots that are unable to gravity flow to the public sewer shall be required to install a low- pressure sewer ejector pump system at the time of lot development. The Subdivider shall provide a private sewer lateral easement beyond the limits of the public right-of-way over adjacent lots to the point of connection to the gravity sewer lateral dedicated to a specific lot GP CE 63) Each lot shall be served with individual services for water, sewer, power, gas, telephone and cable TV. All wire utilities within the subdivision and within each lot shall be placed underground. GP CE Mitigated Negative Declaration 2016-0001 – Mitigation Measures Mitigation Measure 1.d.1: All lighting shall be designed to eliminate any off site glare by including shielding mechanisms to prevent offsite light spillage and glare. Fixtures shall be shield cut-off type. BP PS 26 Conditions of Approval PLN 2015-1563 / TR 3147 / AMND 19-0118 10075 / 10085 Atascadero Avenue Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure 3.b.1: The project shall be conditioned to comply with all applicable District regulations pertaining to the control of fugitive dust (PM-10) as contained in Section 2 “Assessing and Mitigating Construction Impacts.” 2.4 Fugitive Dust Mitigation Measures: Standard List a. Reduce the amount of the disturbed area where possible; b. Use water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non-potable) water should be used whenever possible; c. All dirt stock-pile areas should be sprayed daily as needed; d. All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as possible, and building pads should be laid as soon as possible after grading unless seeding or soil binders are used; e. All of these fugitive dust mitigation measures shall be shown on grading and building plans; and f. The contractor or builder shall designate a person or persons to monitor the fugitive dust emissions and enhance the implementation of the measures as necessary to minimize dust complaints, reduce visible emissions below 20% opacity, and to prevent transport of dust offsite. Their duties shall include holidays and weekend periods when work may not be in progress BP PS Mitigation Measure 4.a.1: To ensure impacts to California legless lizards are avoided and minimized, development in areas of thick duff will be avoided. If these areas cannot be avoided, a qualified biologist shall conduct a preconstruction survey of highly suitable habitat. Thi s survey will include lightly raking the upper soil layer and leaf litter to determine if legless lizards are present. If legless lizards are discovered, they will be moved by hand to areas that will not be impacted by development activities. BP / GP PS Mitigation Measure 4.a.2: A rare plant survey during the appropriate bloom period (May-July) is recommended to determine presence or absence of two sensitive plant species. If present, these species should be avoided during future development. If any plant species are listed under the California Endangered Species Act (CESA) or the federal Endangered Species Act (ESA), the appropriate resource agency shall be contacted for direction on how to proceed prior to disturbance on the property. Additionally, strands of deer grass shall be flagged for avoidance during this same botanical survey effort. BP / GP PS Mitigation Measure 4.b.c.1: The southern end of the proposed project area shown in Figure 1 of the Biological Report shall be designated with a permanent open space easement that restricts the area from further development. This easement shall be recorded concurrently with the final map. BP / GP PS Mitigation Measure 4.d.1: To protect nesting birds the Applicant should avoid vegetation clearing and earth disturbance during the typical nesting season (February 1 – September 15). If avoiding construction during this season is not feasible, a qualified biologist shall survey the area two days prior to activity beginning on the site. If nesting birds are located, they shall be avoided until they have successfully fledged or the nest has naturally failed. A buffer zone of 50 feet will be placed around all non-sensitive passerine bird species and 250 feet for all raptor species. Activity will remain outside of buffers until the applicant’s biologist has determined that the young have fledged or the nest is no longer active. If special status bird species are located, no work will begin until BP / GP PS 27 Conditions of Approval PLN 2015-1563 / TR 3147 / AMND 19-0118 10075 / 10085 Atascadero Avenue Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney an appropriate buffer is determined by consultation with the City, the local CDFW biologist, and/or the USFWS. Mitigation Measure 4.e.1: Grading and excavation and grading work shall be consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: 1. All existing trees outside of the limits of work shall remain. 2. Earthwork shall not exceed the limits of the project area. 3. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 4. Vehicles and stockpiled material shall be stored outside the drip line of all trees. 5. All trees within twenty feet of construction work shall be fenced for protection with 4-foot chain link, snow or safety fencing placed per the approved tree protection plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing shall remain in place until completion of all construction activities. 6. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. 7. Utilities such as water, gas, power, cable, storm drainage, and sewer should be redirected from under the canopy of any trees that are to remain. 8. Where a building is placed within the canopy of a tree the foundation should be redesigned so that it bridges across any root systems. 9. Any foundation or other structure that encroaches within the drip line of trees to be saved shall be dug by hand. 10. At no time shall tree roots be ripped with construction equipment. BP / GP PS Mitigation Measure 4.e.2: Tree protection fencing shall be installed at the locations called out in the Oak Tree Protection Plan. An inspection of the tree fencing shall be done by City staff or Arborist prior to issuance of building permits. All areas within the drip line of the trees that cannot be fenced shall receive a 4-6” layer of chip mulch to retain moisture, soil structure, and reduce the effects of soil compaction. BP / GP PS Mitigation Measure 4.e.3: An on-site meeting with the arborist, owner, and City Staff, is required to determine home design and layout that increases the preservation of native trees. BP / GP PS Mitigation Measure 4.e.4: A mandatory meeting between the arborist and grading/trenching contractor shall take place prior to work start. This activity shall be monitored by the arborists to insure proper root pruning is taking place. Any landscape architects and contractors involved shall not design any irrigation or other features within any drip line unless previously approved by the project arborists. BP / GP PS Mitigation Measure 4.e.5: All utilities shall remain outside the driplines of native trees, to the extent feasible. If roads exist between two trees, the utilities shall be routed down the middle of the road or completely hand dug. All trenches in these areas shall be exposed by air spade or hand dug with utilities routed under/over the roots. BP / GP PS Mitigation Measure 4.e.6: Soils within the drip line that have been compacted by heavy equipment and/or construction activities must be returned to their original state before all work is completed. Methods include adding specialized soil conditioners, water jetting, adding organic matter, and boring small holes with an BP / GP PS 28 Conditions of Approval PLN 2015-1563 / TR 3147 / AMND 19-0118 10075 / 10085 Atascadero Avenue Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney auger (18” deep, 2-3’ apart with a 2-4” auger) and the application of moderate amounts of nitrogen fertilizer. Mitigation Measure 4.e.7: Grading shall not encroach within the drip line unless approved by the project arborist. Grading should not disrupt the normal drainage pattern around the trees. Fills should not create a ponding condition and excavations should not leave the tree on a rapidly draining mound. BP / GP PS Mitigation Measure 4.e.8: Any exposed roots shall be re-covered the same day they were exposed. If they cannot, they must be covered with burlap or another suitable material and wetted down 2x per day until re -buried. BP / GP PS Mitigation Measure 4.e.9: Paving within the drop line consists of placing base material on existing grade. Any grade lowering removes important surface roots. Pavers can be used with limitations. The base material must be above natural grade and the curbing to retain the pavers shall not be trenched any deeper than six inches into the natural grade. BP / GP PS Mitigation Measure 4.e.10: No liquid or solid construction waste shall be dumped on the ground within the drop line of any native tree. The drip line areas are not for storage of materials either. Any violations shall be remedied through proper cleanup approved by the project arborist at the expense of the owner BP / GP PS Mitigation Measure 4.e.11: All native tree pruning shall be completed by a licensed and insured D49 tree trimming contractor that has a valid city business license. BP / GP PS Mitigation Measure 4.e.13: Upon project completion and prior to final occupancy a final status report shall be prepared by the project arborist certifying that the tree protection plan was implemented, the trees designated for protection were protected during construction, the construction-related tree protection measures are no longer required for tree protection, and suggest additional fertilization, insecticide, fungicide, soil amendments, and mycorrhiza applications that will benefit tree health FO PS Mitigation 5.d.1: In the event that human remains are discovered on the property, all work on the project shall stop and the Atascadero Police Department and the County Coroner shall be contacted. The Atascadero Community Development Department shall be notified. If the human remains are identified as being Native American, the California Native American Heritage Commission (NAHC) shall be contacted at (916) 653-4082 within 24 hours. A representative from both the Chumash Tribe and the Salinan Tribe shall be notified and present during the excavation of any remains. BP / GP PS Mitigation Measure 6.b.1: The grading permit application plans shall include erosion control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. BP / GP CE Mitigation Measure 6.b.2: All cut and fill slopes shall be hydro seeded with an appropriate erosion control method (erosion control blanket, hydro -mulch, or straw mulch appropriately anchored) immediately after completion of earthwork. All disturbed slopes shall have appropriate erosion control methods in place. The contractor will be responsible for the clean-up of any mud or debris that is tracked onto public streets by construction vehicles. BP / GP CE 29 Conditions of Approval PLN 2015-1563 / TR 3147 / AMND 19-0118 10075 / 10085 Atascadero Avenue Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure 6.b.3: The contractor will be responsible for the clean-up of any mud or debris that is tracked onto public streets by construction vehicles. An approved device must be placed prior to commencement of grading activities. This device shall be approved by the City Engineer. BP / GP CE Mitigation Measure 6.c.1: Import soils used to raise site grade should be equal to or better than on-site soils in strength, expansion, and compressibility characteristics BP / GP CE Mitigation Measure 6.c.2: Post-construction care should include long-term drought tolerant landscaping and irrigation solutions that do not allow for frequent changes in soil moisture content or irregular application of water around the perimeter of the structures BP / GP CE Mitigation Measure 6.c.3: Unstable soils during grading to excessive subsurface moisture should be corrected by including aeration or the use of gravels and/or geotextiles as stabilizing measures BP / GP CE Mitigation Measure 8.h.1: Construction will comply with section the California Building and Fire Codes. New residences in the City are required to install fire sprinklers. Fire protection measures shall include the use of non -combustible exterior construction and roofs and fire-resistant building materials deemed appropriate by the fire marshal and chief building official. BP / GP BS Mitigation Measure 12.d.1: All construction activities shall comply with the City of Atascadero Noise Ordinance for weekday and weekend hours of operation of equipment (between 7 am and 9pm). BP / GP BS Mitigation Measure 16.a.b.1: Payment of Circulation System Fee (TIF) shall be made prior to the issuance of building permits for all residential and non - residential uses. Those traffic impact fees shall be collected consistent with California Government Code Section 66498.5. BP PS Mitigation Measure 17.d.1: Landscaping plans shall be submitted to the Community Development Department for review and approval. Landscaping must consist of drought tolerant species, utilize drip irrigation, and follow state drought tolerant landscaping standards. BP PS End Conditions 30 EXHIBIT B: Vesting Tentative Subdivision Map Tract 3147 31 EXHIBIT C: Preliminary Grading Plan –Tract 3147 PLN 2015-1563 / TTM 2015-0108 / TRP 2015-0188 / AMND 19-0118 TRACT 3147 32 EXHIBIT D: Utility Plan – Tract 3147 PLN 2015-1563 / TTM 2015-0108 / TRP 2015-0188 / AMND 19-0118 TRACT 3147 33 EXHIBIT E: Building Envelopes Exhibit – Tract 3147 PLN 2015-1563 / TTM 2015-0108 / TRP 2015-0188 / AMND 19-0118 TRACT 3147 34 EXHIBIT F: Tree Mitigation Chart PLN 2015-1563 / TTM 2015-0108 / TRP 2015-0188 / AMND 19-0118 For Roadway Construction Only – Individual Lots will be calculated as building permits are received 35