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Planning Commission Staff Report Staff Report - Community Development Department Callie Taylor, Associate Planner, 470-3448, [email protected] PLN 2099-0997 Amendment to West Front Village 9002 West Front Road & 9000-9092 Coromar Ct. (Shannon / West Front Village, LLC) RECOMMENDATIONS: Staff recommends the Planning Commission adopt: 1. Resolution PC 2009-0005 recommending that the City Council introduce an ordinance for first reading by title only, to approve Zone Code Text Change 2009- 0152 (PLN 2099-0997) amending the PD-23 Overlay District Text consistent with the revised project design based on findings; and, 2. Resolution No. PC 2009-0006 recommending that the City Council approve Master Plan of Development Amendment (CUP 2003-0108 Amendment / PLN 2099-0997) based on findings and subject to Conditions of Approval and Mitigation Monitoring. 3. Resolution No. PC 2009-0007 recommending that the City Council approve a Tentative Tract Map for Tract 2970 (PLN 2099-0997) based on findings and subject to Conditions of Approval and Mitigation Monitoring. REPORT-IN-BRIEF: The proposed Amendment includes revisions to the Master Plan of Development for West Front Village. The original 18 multi-family duplex lots are proposed to be reconfigured with Tract 2070. No new lots would be created with the proposed Tentative Tract Map; the Master Plan of Development maintains 32 residential lots as originally approved. The duplex lots have been redesigned to accommodate detached units with individual driveways on lots 1-12. Lots 13-18 are designed off a shared driveway as attached duplex units. The elevations on the residential units have been redesigned in a “Mission Revival” architectural style. The application includes a Zone Code Text Change to amend the PD-23 standards in the Atascadero Municipal Code to match the new project layout. Revisions to lot 2 of the commercial development are also proposed. The previously approved gas station on lot 2 is proposed to be replaced with a 4,880 square-foot commercial retail building. Amendments to the original project conditions of approval are proposed. ITEM NUMBER: 4 DATE: 2-17-09

Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

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Page 1: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

Planning Commission Staff Report

Staff Report - Community Development Department Callie Taylor, Associate Planner, 470-3448, [email protected]

PLN 2099-0997 Amendment to West Front Village

9002 West Front Road & 9000-9092 Coromar Ct. (Shannon / West Front Village, LLC)

RECOMMENDATIONS: Staff recommends the Planning Commission adopt: 1. Resolution PC 2009-0005 recommending that the City Council introduce an

ordinance for first reading by title only, to approve Zone Code Text Change 2009-0152 (PLN 2099-0997) amending the PD-23 Overlay District Text consistent with the revised project design based on findings; and,

2. Resolution No. PC 2009-0006 recommending that the City Council approve Master

Plan of Development Amendment (CUP 2003-0108 Amendment / PLN 2099-0997) based on findings and subject to Conditions of Approval and Mitigation Monitoring.

3. Resolution No. PC 2009-0007 recommending that the City Council approve a

Tentative Tract Map for Tract 2970 (PLN 2099-0997) based on findings and subject to Conditions of Approval and Mitigation Monitoring.

REPORT-IN-BRIEF: The proposed Amendment includes revisions to the Master Plan of Development for West Front Village. The original 18 multi-family duplex lots are proposed to be reconfigured with Tract 2070. No new lots would be created with the proposed Tentative Tract Map; the Master Plan of Development maintains 32 residential lots as originally approved. The duplex lots have been redesigned to accommodate detached units with individual driveways on lots 1-12. Lots 13-18 are designed off a shared driveway as attached duplex units. The elevations on the residential units have been redesigned in a “Mission Revival” architectural style. The application includes a Zone Code Text Change to amend the PD-23 standards in the Atascadero Municipal Code to match the new project layout. Revisions to lot 2 of the commercial development are also proposed. The previously approved gas station on lot 2 is proposed to be replaced with a 4,880 square-foot commercial retail building. Amendments to the original project conditions of approval are proposed.

ITEM NUMBER: 4 DATE: 2-17-09

Page 2: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

DISCUSSION: Situation and Facts:

1. Applicant : Richard Shannon 6755 El Camino Real, Atascadero, CA 93422 2. Property Owner: West Front Village, LLC, 1301 Chorro St., San Luis

Obispo, CA 93401 3. Project Address: 9002 West Front Road & 9000-9092 Coromar Ct.

(APN 056-131-034 through 056-131-065, 022, 023)

4. General Plan Designation: General Commercial & Medium Density Residential 5. Zoning District: Commercial Retail & RMF-10 with a PD-23 Overlay 6. Site Area: 9.36 acres in Master Plan of Development 7. Existing Use: Holiday Inn and vacant land

8. Environmental Status: Consistent with Certified Mitigated Negative

Declaration 2005-0165 Background West Front Village was originally approved by City Council on September 27, 2005. The original project approval included a General Plan Amendment to convert 8.42 acres (63% percent) of the 13.35-acre site from GC (General Commercial) to MDR (Medium Density Residential) and SFR-X (Single-Family Residential-X). A Zone Change was approved to make the zoning consistent with the General Plan Amendment, and to establish a Planned Development Overlay 23 Zoning District. West Front Village included a Conditional Use Permit (Master Plan of Development) and Vesting Tentative Tract Map for a 9.36-acre portion of the site. The Master Plan of Development is consistent with the PD-23 standards. A site plan, residential and commercial building layouts, subdivision tract map, landscape plan, grading and drainage, and conceptual architecture were included with the project approval. The TTM and Master Plan of Development consisted of the following uses:

• Retail/Gas/Fast Food with drive-through 10,000 square feet • Hotel 79 Rooms • Business Park 12,700 square feet • Courtyard Residential 14 Single-Family Residences • Duplex Residential 18 Multi-Family Residences

Page 3: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

The project site fronts both West Front Road and Portola Road. The commercial portion is oriented towards Highway 101 with primary access off West Front and a second entrance near the corner of Portola Road. The residential uses take access off of Portola Road and are located behind the commercial use. The business park is located behind the hotel site and takes access from a common driveway owned by the adjacent commercial properties. The original West Front Village project also included a 3.99-acre conceptual 5-lot subdivision at the rear of the residential portion off of Coromar Court. The future 5-lot single-family residential subdivision proposed retention of an existing historic colony home, adobe building, associated out-buildings, and native oak trees. This 3.99 acres was included with the approved General Plan Amendment and Zone Change, however, it was not included in the Master Plan of Development or Tentative Tract Map, and is not a part of the current proposed Amendment. The original Tract Map (Tract 2621) was recorded in April of 2007. Grading has been since done on the commercial and the residential lots. On-site and off-site improvements, including a majority of the sidewalks, curbs, drainage basins, and utilities have been installed. The Holiday Inn Express was constructed last year and opened in July of 2008.

Site Plan – Original 2005 Project Approval

Page 4: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

In August of 2008, the Planning Commission approved the first Amendment to the approved Master Plan of Development to allow modifications to the site plan on the commercial lot at the corner of Portola and West Front. A Jack-in-the-Box drive-through restaurant was approved on the corner lot. Building permits for the Jack-in-the-Box are currently in process.

Surrounding Land Use and Setting: North: Residential South: Commercial Retail East: Public School, Residential West: Highway 101

Proposed Site plan (2009 Amendment)

Project Site: Tract Map & CUP Amendment

CR

CT RSF-X

- Future 5 lot single family subdivision - Included with 2005 General Plan Amendment an Zone Change - Not a part of current CUP Amendment or Tract Map

Page 5: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

ANALYSIS: Amendment to Residential Lots The proposed Amendment includes revisions to the lot lines and Master Plan of Development for West Front Village. The residential lots in the original project approval were divided into two types. There were 14 single-family “courtyard” units and 18 multi-family “duplex” units. The duplex homes consisted of attached homes on small individual lots. The duplex garages at the rear or side of each lot were designed to be detached from the living space of the main house, and attached to the garage on the adjacent lots. The garages were accessed off of shared driveways between the units. The courtyard homes were designed as stand alone units on larger lots and are accessed off of 3 shared driveways which connect to Coromar Court. The applicant is proposing to redesign the site plan of the 18 duplex units. The site plan and Tentative Tract Map include the same number of lots that were approved with the original map; no new lots would be created with this Amendment. The 18 duplex lots are proposed to be revised to accommodate detached units with individual driveways on lots 1-12. Lots 13-18 are proposed as attached duplex units with individual driveways. No changes are being proposed to the site plan of the original 14 single-family courtyard units with this Amendment.

Site plan - original project approval (Image flipped to be oriented with current proposed amendment)

Page 6: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

Residential Site Plan and Appearance Review The applicant has revised the site plans of the duplex units in order to provide additional detached single-family units. Lots 1-12 include a mixture of one and two-story single-family floor plans with attached two-car garages. Lots 1-6 and 9-12 are designed with tandem garages (dimensions: 12’ wide by 28’ deep) in order to fit a detached unit on the narrow lots and to minimize the appearance of the garages from the street. Lots 7 and 8 are accessed off of San Simeon Dr. and have standard two-car garages (20’ by 20’ in size.) The six proposed duplex units on lots 13-18, located off the shared driveway at the back of the cul-de-sac have attached one-car garages. Four additional guest parking spaces are provided off the shared driveway in order to meet the multi-family parking requirements of the Atascadero Municipal Code. A minimum of one guest parking space is provided in the driveways of all lots 1-18. The garages and parking provided within the project are consistent with the revised requirements of the PD-23 text and the Municipal Code. The majority of the on-site and off-site improvements for the original project, including the originally approved cul-de-sac and curbs, have been installed for Coromar Ct. and San Simeon Dr. In order to work within the existing improvements, a common looped driveway/parking court is being proposed at the end of the cul-de-sac on Coromar Ct. Lots 11-18 are accessed off the common driveway. The City engineer has included a condition in the attached resolution which requires the shared driveway approach to lots 11-18 be modified to meet City Standard 423 for residential driveways (maximum 20’ wide). This standard may require two separate driveway approaches at this location in order to meet the maximum width requirement allowed by the Engineering Standards (CUP City Engineer Project Condition #24 (A).) Decorative concrete has been identified within the common looped driveway off Coromar Ct. and on the individual driveways of each unit. The decorative (stained and colored) concrete will help to enhance the pedestrian feel of the parking court where there are no sidewalks provided. The garages are setback from the front façade of the units on most of the lots in order to create depth on the façades and minimize the visual impact of the garages. The lots are designed with minimal setbacks, including a 5-foot side setbacks from the living space and 3-foot setbacks from the garages to the side property lines. Pop outs have been included on the second-story living space of plan D with a 3-foot setback from the side property line. Enclosed entry courtyards have been included with the new floor plans to add privacy to the front of the units. In order to maintain a openness and visual connection from the porches to the street, a condition has been included in the attached resolution which limits the height of the courtyard walls to 3-feet (CUP Condition #13.) The elevations on all of the residential units have been redesigned in a “Mission Revival” architectural style. The original project included more of a craftsman influence on the elevations, with a combination of wood siding and stucco and grided windows.

Page 7: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

Both the original duplex lots (1-18) and the 14 original courtyard single-family homes are proposed with revised elevations so that the development has a consistent architectural style. As a Planned Development, a finding is required to be made that the project provides high-quality architectural, landscape, and site design to warrant the granting of special development standards. The new proposed elevations include mission style elements with stucco walls and tile roofs. Dark wood elements, wood window headers, and recessed arches above the windows with tile accents are included. The overhangs are designed with exposed rafter tails where permissible by building code setback requirements. A revised color board has been provided by the applicant. The stucco walls of the residential units are proposed to be painted in an off-white color with varying shades of brown to be used for the garages, doors, exposed beams, headers, fascias, and gutters. The applicant has proposed an accent color for the trim, window sills, and recessed arches. The proposed accent colors include light shades of blue, pink, green, and yellow. Staff is concerned that the accent colors are too bright and has included a condition in the attached resolution to revise the accent colors prior to building permit issuance to be consistent with the Mission Revival architectural theme (CUP Condition #8.)

Page 8: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

Proposed “Mission Revival” Elevations Includes 14 revised courtyard elevations & revised Lots 1-18

Courtyard homes – original project approval

Duplex units – original project approval

Page 9: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

Affordable Housing Requirement The approved project has been conditioned to meet the inclusionary affordable housing program requirements of the City of Atascadero. The Council policy requires that all projects with more than 10 units provide 20% of the units as deed restricted affordable. Of the 32 residential units provided, 6 units are required to be deed restricted as affordable units as shown in the table below. West Front Village Project

Inclusionary Housing Council Policy

MFR Units 32.00 units20% Affordable 6.40 units Affordable Distribution 20% Very Low 1.00 units37% Low 2.00 units43% Moderate 3.00 units 6.00 units

In lieu fees shall be paid for the 0.4 fractional units. Council policy requires that the affordable units be distributed throughout a project site and not concentrated in one location. This requirement was included in the original resolution as CUP Condition 14. The applicant has requested that this condition be removed in order to allow clustering of the affordable units. The applicant is proposing to designate the six duplex units located off the shared driveway as the affordable units. The six units which are being proposed as the affordable units are smaller in size, have one-car garages rather than two-car, and are the only remaining duplex units in the development. Therefore they are not comparable to the residential units in the rest of the development. Since clustering the affordable units in this way would not be consistent with Council policy or previous approvals, staff is not recommending that the condition be changed. Condition 14 is included in the attached resolution as originally approved. The City Council would need to change the policy or make a special exception on this project to allow clustering of the affordables as the applicant has proposed.

Page 10: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

Proposed Floor Plan and Elevations Lot 2 4,880 sq. ft. commercial retail building

Amendment to Commercial Portion of Development Revisions to lot 2 of the commercial development are proposed. Lot 2 was originally approved for a gas station which was attached to a drive-through restaurant on lot 1. With the CUP Amendment which was approved in August 2008, the drive-through restaurant on lot 1 was redesigned as a detached Jack-in-the-Box. The gas station on lot 2 was not revised with the 2008 Amendment. With the currently proposed 2009 Amendment, the applicant is proposing to replace the gas station building on lot 2 with a 4,880 square-foot commercial retail building. New floor plans and elevations are provided. As conditioned, the building is consistent with the guidelines of the Appearance Review Manual. The building includes earth tone colors and brick veneer, consistent with the adjacent Jack-in-the-Box and Holiday Inn. The redesigned project meets the parking requirements of the Municipal Code for commercial retail development. A parking table is included on sheet C1.0 (West Front Village Retail Center.) Lot 2 includes 25 parking spaces (ten additional spaces from the original gas station lot layout.) In addition, the project includes a condition of approval to provide joint use of access and parking between all of the commercial uses along West Front Road (TTM Condition 19).

Page 11: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

Business Park Construction Timing A phasing condition was included in the original project which requires construction of the business park to be completed prior to obtaining a Certificate of Occupancy for any of the residential units. The applicant is requesting that this condition be amended to remove the timing requirement for the business park construction. The applicant has proposed substituting the current business park phasing requirement for a condition which will require the development of both commercial lots 1 and 2 prior to any residential development. The condition has been revised in the attached resolution as proposed by the applicant (CUP Condition #7.) Landscape Plan Revised landscape plans have been provided for lots 1-18 of the residential development and lot 2 of the commercial development. The landscape plans include drought tolerant native landscaping consistent with City requirements. The landscape plan includes high quality design consistent with the standards of a planned development. A large oak shall be planted in the center of the parking court for residential lots 11-18 to provide a focal point and shade (CUP Condition #11.) The project includes street trees, residential front yard landscaping, and commercial landscaping around and within the parking areas. The original landscaped pocket park (which also serves as a drainage detention basin and wetlands mitigation area) will remain as part of the project landscaping. A condition was include din the original project approval to require a landscape buffer between the residential and commercial site. The original project approval included detail drawings showing a 9-foot landscape buffer between the commercial and residential sites. The proposed Amendment plans currently do not show any landscape buffer between the commercial building and the adjacent residential buildings, however, it does show a 10-foot concrete walkway and building setback from the rear property line. Staff has revised the original condition #11 to require s a minimum 5-foot landscape buffer behind the building on lot 2. This leaves a sufficient 5-foot walkway along the back of the building for rear access to the retail shops. The landscape strip and planter behind the building shall include evergreen trees consistent with the original project approval.

Originally approved 9’foot landscape buffer between commercial and residential sites **Reduced to 5’ minimum width on Lot 2 with this Amendment

Page 12: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

Cal Trans/ West Front Rd. Landscaping The original project approval included landscape Mitigation Measure AES-1 which states “Landscaping of Caltrans ROW required.” The condition was included in the original project approval in order to enhance the visual quality of the project from the freeway and the frontage road. According to the applicant, Cal Trans stipulations are not feasible for landscaping within the Cal Trans right-of-way. The applicant is requesting that the requirement be modified to require landscaping between the edge of pavement of West Front Rd. and the Cal Trans fence only. The applicant has provided landscape plans of this section of road to be included with the proposed amendment. It is staff’s opinion that the applicant’s proposed landscaping along West front Road adjacent to the Cal Trans right-of-way meets the intent of the original Mitigation Measure and will be consistent with this requirement. CUP Condition #11 in the attached resolution reflects the proposed landscape plans. In the applicant’s written statement (Attachment 2) a request has been made that the applicant maintain the landscaping along West Front Rd. for a period of two years. City staff does not recommend approving a time limit on the developer’s maintenance of the landscaping as it is part of the project development. The City does not have the funds to maintain this additional landscaping. The original project condition which states “The developer and/or subsequent owner shall assume responsibility for the continued maintenance of all landscape and common areas” (CUP Condition 12)

Planned Development 23 Zone Text Change The proposed application includes a Zone Code Text Change to amend the PD-23 standards in the Atascadero Municipal Code. The original PD-23 text included specific provisions regarding the lot layout, conditions, and project specific requirements which are no longer consistent with the revised Master Plan of Development. An amendment to the Zoning Code Text is required to match the new project layout. If the Planned Development amendments are adopted, the revised project, as currently conditioned, would be consistent with the new PD-23 standards.

Proposed landscape plan adjacent to Cal Trans right-of-way on West Front Rd.

Landscape strip along West Front & planter area near off ramp stop sign

Page 13: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

The primary text change required in order to approve the revised Master Plan of Development is in regards to the garages and parking requirements for the residential development. The original PD-23 text states:

“(f) Parking for two- (2) resident vehicles shall be provided in a garage with minimum interior dimensions of twenty (20) feet by twenty (20) feet. A minimum of one guest parking space of at least nine (9) feet by twenty (20) feet [nine (9) feet by twenty-two (22) feet when parallel]. The courtyard homes shall provide parking, based on multifamily development standards set forth in the Atascadero Municipal Code. On-street parking shall not be used to satisfy the parking requirements.”

The revised residential floor plans include a mixture of one and two-car garages, tandem garages, and smaller interior dimensions on the standard two-car garages. In order to be consistent with the revised project layout, the code text is proposed to be amended with more general parking requirements, consistent with the multifamily parking standards. The specific provisions regarding garage size have been eliminated as follows:

(f) “The residential lots shall provide parking based on the multifamily development parking standards set forth in the Atascadero Municipal Code. A minimum of two (2) parking spaces shall be provided on each lot, either within the garage or in the driveway of the unit. A minimum of one (1) guest parking space shall be provided on each lot in addition to any garage parking. A dedicated residential parking area shall be provided to meet the overall Atascadero Municipal Code multifamily parking requirements. On-street parking shall not be used to satisfy the parking requirements.”

The PD-23 text also includes a landscaping requirement which states:

“All landscaping shown on the approved landscape plan will be installed by the developer and shall be permanently maintained as approved.”

The landscaping along West Front was originally required to be maintained by the developer or subsequent property owner as part of the commercial development. As discussed previously, the applicant has requested that the landscape along West Front next to the Cal Trans right-of-way be maintained by the developer only of period of two years, and then maintenance would be taken over by the City. The City does not have the funds to maintain the new landscaping, and therefore, no changes have been made to original project condition. If the Planning Commission chooses to recommend that the City Council change the maintenance requirements of the frontage landscaping, the PD-23 text and the project condition will need to be amended to reflect the new maintenance schedule. The complete amended PD-23 text requirements, as proposed, are included in Attachment 3 (PC Resolution for Zone Text Change.) The Commission can make recommendations to the Council to modify the proposed PD-23 text.

Page 14: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

Tentative Tract Map Lots 1-18 of the residential portion of the development (previously the multifamily duplex lots) have been redesigned to accommodate the revised site plans and floor plans. A new Tentative Tract Map (Tract 2970) has been submitted to reflect the adjusted lot lines. The revised project identifies the same number of lots as originally approved; no new lots have been created. The new Tentative Tract Map is consistent with the proposed Master Plan of Development and PD-23 Zone Change Amendments. The Tract Map has been conditioned by staff and the City Engineer to meet all City standards including on-site and off-site street improvements. The applicant will be required to establish a Community Facilities District prior recordation of the Final Map (CUP Condition 19 / TTM Condition 12.) Revised Conditions of Approval and Exhibits The applicant has requested modifications to the original conditions of approval for West Front Village. A written statement has been provided by the developer to summarize the project changes and amended condition requests discussed in this staff report. The developer’s written statement is included as Attachment 2 of this report. The following points summarize the developer’s requests and amended conditions:

1. Request for modifications to commercial lot 2 site plan (Master Plan of Development). Amended exhibits show commercial retail building; gas station removed.

2. Request for modifications to the site plan (Master Plan of Development) for the residential lots 1-18. Amended exhibits included in the resolution.

3. Modifications requested to the architectural elevations in the residential development. Exhibits amended to reflect new “Mission Revival” elevations on all residential units.

4. Tentative Tract Map submitted for revised lot lines on lots 1-18 of the residential development. Resolution attached.

5. Applicant requested clustering the six required affordable units on lots 13-18. These are the remaining duplex units located off the shared driveway. The units include one-car garages and smaller floor plans. Staff does not recommend clustering the affordable as it is not consistent with City Council policy. The original condition which requires the affordable units to be distributed throughout the development remains unchanged.

6. Applicant requested modification of phasing condition which requires Business Park to be developed prior to residential lots and substituting requirement for development of commercial lots 1 and 2. Condition has been amended as requested.

7. Request to modify CalTrans landscaping condition. Exhibits amended in attached resolution to reflect revised landscape between the West Front right-of-way and Highway 101. Condition which requires developer to maintain the

Page 15: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

project landscaping remains in amended resolution as the City does not have the funds to maintain the additional landscaping.

8. Zone Text Change submitted to amend garage and parking required on the PD-23. Resolution attached for Zone Text Change.

The revised Conditional Use Permit and Tentative Tract Map conditions include the amended conditions for the proposed project as well as the original conditions which will carry over from the original 2005 project approval. The exhibits have also been consolidated within the attached resolutions. All conditions of the previous CUP and TTM shall remain in place unless specifically amended. As a point of clarification, the amendment shall supersede any original conditions if any conflicts occur. All other portions of the project are to remain as originally approved. No additional native trees are proposed for removal with the project Amendment. No changes are proposed to the sewer service or location, drainage or detention basins, wetland mitigation, frontage improvements, etc. General Plan Consistency The proposed project, as conditioned and with mitigation measures implemented is consistent with the following General Plan Land Use and Housing Element Policies: Land Use Program 1.1.7: “Within the Urban Core encourage infill development or revitalization or reuse of land already committed to urban development where utilities and public services exist. Housing Element Policy 1.1: “Encourage steady production of new housing, including mixed-use projects in commercial land use areas, to meet the needs of all household types in the City.” Implementing General Plan programs requires appearance review of architectural design, materials, street trees, and landscaping to improve the appearance along Highway 101, and incorporate architectural themes into the site and building design. The proposed project includes street frontage and highway frontage landscaping consistent with General Plan requirements. The Planning Commission must find that the proposed project is consistent with the appearance review requirements set forth by the General Plan and Council Policy regarding the granting of modified development standards through the Planned Development Overlay process.

Page 16: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

Findings Master Plan of Development (Conditional Use Permit) A Master Plan of Development is required for a Planned Development in the form of a Conditional Use Permit. The Conditional Use Permit process provides the opportunity for the public and the Planning Commission to review the specifics of land use proposals, such as architectural design, site design, landscape, signage, and specific standards of the zoning ordinance. The Planning Commission must make the following five findings to recommend approval of the requested Conditional Use Permit Amendment: 1. The proposed project or use is consistent with the General Plan and the City’s

Appearance Review Manual.

Staff Comment: The revised project is consistent with the General Plan policies listed above.

2. The proposed project or use satisfies all applicable provisions of the Title (Zoning

Ordinance) including the Planned Development Ordinance.

Staff Comment: As conditioned, and with the PD-23 Zone Text Changes, the project meets all development standards required by the zoning ordinance.

3. The establishment, and subsequent operation or conduct of the use will not,

because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use.

Staff Comment: The proposed development will not be detrimental to the general public or working people’s health, safety, or welfare.

4. The proposed project or use will not be inconsistent with the character or the

immediate neighborhood or contrary to its orderly development.

Staff Comment: The project has been designed to be consistent with the existing residential and commercial neighborhood character, and to enhance the appearance along West Front and U.S. Highway 101 with project landscaping.

5. The proposed use or project will not generate a volume of traffic beyond the safe

capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element.

Page 17: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

Staff Comment: The proposed project and use is consistent with the traffic projections and road improvements anticipated within the General Plan.

6. The Master Plan of Development standards or processing requirements will

enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area; and

Staff Comment: The proposed land uses will provide high-quality commercial along

U.S. Highway 101, business park uses adjacent to existing commercial uses while providing a medium-density residential neighborhood transition to existing single-family neighborhoods.

7. The proposed project is in compliance with any pertinent City policy or criteria

adopted by ordinance or resolution of the City Council. Staff Comment: The proposed project is consistent with City and Council policies. As previously discussed, items such as clustering the affordable units and City maintenance of the project frontage landscaping, have not been recommended as they would contradict City policy.

Based on staff’s analysis in the preceding sections, and as conditioned, it appears that all of the required findings for approval of a Master Plan of Development (Conditional Use Permit) can be made. As conditioned, changes to the Master Plan of Development or project Conditions can be made by the Planning Commission in the future without Council action. Proposed Environmental Determination A Draft Negative Declaration was circulated to public agencies and interested members of the public on September 25, 2005. The environmental analysis identified concerns regarding potential impacts to aesthetics, air quality, biological resources, cultural resources, geology and soils, hazards and hazardous materials, hydrology and water quality, land use and planning, mineral resources, noise, population and housing, public services, recreation, transportation/traffic, and utilities/service. Mitigation measures pertaining to these resources are included. The City Council certified the Mitigated Negative Declaration on September 27, 2005. The proposed project Amendment is consistent with Certified Mitigated Negative Declaration 2005-0165. Staff believes that the proposed amendments are consistent with the original Mitigated Negative Declaration. Conclusion The proposed project includes an Amendment to the Master Plan of Development (CUP), a new Tentative Tract Map for residential lot 1-18, and a Zone Text change to amend the PD-23 requirements. The residential lots have been redesigned with

Page 18: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

proposed Tract 2970 to accommodate detached single-family units with individual driveways on lots 1-12. Lots 13-18 are designed off a shared driveway with attached duplex units. The total number of lots in the development has not changed with the new Tentative Tract Map. The elevations on the residential units have been redesigned in a “Mission Revival” architectural style. Revisions to lot 2 of the commercial development propose replacing the previously approved gas station with a 4,880 square-foot commercial retail building. Amendments to the original project conditions of approval are proposed. The amended Master Plan of Development, as conditioned, will incorporate all site development, landscaping, and architectural design standards for the project. The proposed amended project meets the findings for approval as analyzed within the staff report. ALTERNATIVES 1. The Commission may recommend modifications to the project and/or conditions

of approval for the project to the City council.

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 recommend the City Council deny the project. The parcel

would retain its designation of General Commercial. The Commission should specify the reasons for denial of the project and make an associated finding with such action.

ATTACHMENTS: Attachment 1: Location Map, Zoning and General Plan Attachment 2: Developer’s Statement Attachment 3: Draft Resolution PC 2009-0005 Attachment 4: Draft Resolution PC 2005-0006 Attachment 5: Draft Resolution PC 2005-0007

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Attachment 1: Location Map, General Plan and Zoning

General Plan Designation: General Commercial, Medium Density Residential Zoning District: Commercial Retail, Residential Multi-Family-10 and Planned Development 23 overlay

Proposed Project Site

CR

CT

RSF-Y

P

RSF-X

CR

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Attachment 2: Developer’s Statement

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ATTACHMENT 3: Draft Resolution PC 2009-0005 ZCH 2009-0152 Recommendation to Approve Proposed PD-23 Overlay Zone Code Text Change

DRAFT RESOLUTION PC 2009-0005

RESOLUTION OF THE PLANNING COMMISSION

OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL AMEND THE ATASCADERO MUNICIPAL CODE BY APPROVING ZONE CHANGE 2009-0152 TO ESTABLISH A

ZONE TEXT CHANGE TO AMEND PLANNED DEVELOPMENT OVERLAY DISTRICT #23 TEXT

APN 056-131-034 through 056-131-065, 022, 023 9002 West Front Road & 9000-9092 Coromar Ct.

(Shannon / West Front Village, LLC) WHEREAS, an application has been received from Richard Shannon (6755 El Camino Real, Atascadero, CA 93422) Applicant, and West Front Village, LLC (1301 Chorro Street, San Luis Obispo, CA 93401), Property Owner, to consider a project consisting of: a Zone Code Text Amendment to change the PD-23 (Planned Development #23) zoning text; a CUP (Condition Use Permit) Amendment to amend the Master Plan of Development over the project site; and a Tentative Tract Map to amend the lot lines of 18 of the existing residential lots at 9002 West Front Road & 9000-9092 Coromar Ct. (APN 056-131-034 through 056-131-065, 022, 023); and, WHEREAS, Article 28 of the Atascadero Municipal Code allows for the creation of Planned Development Overlay Zones to promote orderly and harmonious development and to enhance the opportunity to best utilize special site characteristics; and, WHEREAS, an the Zone Code Text Amendment is in substantial conformance with Certified Mitigated Negative Declaration 2005-0165 prepared for the original project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact this amendment to the Zoning Code Text to protect the health, safety and welfare of its citizens by applying orderly development and expanding housing opportunities within the City; and, WHEREAS, 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 Zone Text Change application was held by the Planning Commission of the City of Atascadero at which

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hearing evidence, oral and documentary, was admitted on behalf of said zoning amendments; and, WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing held on February 17, 2009, studied and considered Zone Change 2009-0152, after first studying and considering Certified Mitigated Negative Declaration 2005-0165, and, NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions:

SECTION 1. Findings for Approval of a Zone Text Change. The Planning Commission finds as follows:

1. The Planning and Zoning text change is consistent with General Plan policies and all other applicable ordinances and policies of the City.

2. Amendment of the Planned Development Overlay #23 (PD-23) standards will provide for the orderly and efficient use of lands where such development standards are applicable.

3. The text change will not, in itself, result in significant environmental impacts. SECTION 2. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on February 17, 2009 resolved to recommend that the City Council introduce for first reading by title only, an ordinance that would amend the City Zoning code text with the following:

9-3.668 Establishment of Planned Development Overlay Zone No. 23: (PD23). Planned Development Overlay Zone No. 23 is established as shown on the official zoning maps (Section 9-1.102 of this title). A Planned Development Overlay Zone No. 23 is established on parcels APN 056-131-015, 017, 018, and 019 with a combined gross acreage of 13.35 acres. The maximum residential density within the planned development shall not exceed the following: fourteen (14) single family courtyard homes, eighteen (18) multifamily duplex units (as shown on the master plan of development). The development standards contained within the master plan of development document (CUP 2003-0108), as conditioned, shall be applied to all future development within the project area, and as follows: (a) The master plan of development (CUP 2003-0108) for the site shall be approved. All construction and development shall conform to the approved master plan of development, as conditioned. (b) No subsequent tentative parcel or tract map shall be approved unless found to be consistent with the approved master plan of development. (c) Each dwelling unit, landscaping, walls, and fencing shall be subject to review under the City’s Appearance Review requirements consistent with the approved master plan of development. (d) Building setbacks, lot sizes, landscape area, and lot coverage shall be as identified within the approved master plan of development and as conditioned.

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(e) All mechanical equipment, including HVAC units and utility meters, shall be screened from view from adjacent streets and properties. (f) “The residential lots shall provide parking based on the multifamily development parking standards set forth in the Atascadero Municipal Code. A minimum of two (2) parking spaces shall be provided on each lot, either within the garage or in the driveway of the unit. A minimum of one (1) guest parking space shall be provided on each lot in addition to any garage parking. A dedicated residential parking area shall be provided to meet the overall Atascadero Municipal Code multifamily parking requirements. On-street parking shall not be used to satisfy the parking requirements.” (g) Parking for the commercial and hotel use areas shall total the combined required parking spaces shared among each use, as identified in the master plan of development. (h) All landscaping shown on the approved landscape plan will be installed by the developer and shall be permanently maintained as approved. (i) Individual trash collection shall be used for each residential unit. Provisions shall be made for storage of trashcans within the garage or fenced area. (j) Trash for the commercial uses shall be stored within the designated receptacle area and shall include recyclable waste. (k) All utilities, including electric, telephone and cable, along the frontage of and within the PD shall be installed underground. (l) Alterations, additions, or conversions to established dwelling units and/or commercial buildings shall be subject to the density and site development standards of the underlying zone and shall be reviewed pursuant to the City’s Appearance Review Guidelines. (m) All trees shown to be protected on the approved master plan of development shall be maintained. Native trees within the 3.99 acre SFR-X parcel APN 056-131-015 shall be preserved unless deemed hazardous and unsafe by a certified arborist. Any other future tree removal shall require approval per the requirements set forth in the Atascadero Native Tree Ordinance. (o) Allowed uses for the commercial portion of the project fronting West Front shall be as prescribed as follows: Allowable uses: (1) Building materials and hardware (see Section 9-6.165 of this title); (2) Food and beverage retail sales; (3) Furniture, home furnishings and equipment; (4) General merchandise stores; (5) Mail order and vending; (6) Temporary or seasonal sales (see Section 9-6.174 of this title); (7) Financial services; (8) Health care services; (9) Personal services; (10) Light repair services; (11) Eating and drinking places; (12) Horticultural specialties (see Section 9-6.116 of this title); (13) Business support services, where all areas of use are located within a building; (14) Hotels and motels; (15) Schools (see Section 9-6.125 of this title); (16) Temporary events (see Section 9-6.177 of this title).

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Conditional uses: (1) Amusement services; (2) Bar/tavern; (3) Eating and drinking places with drive-through facilities; (4) Service station (see Section 9-6.164 of this title); (5) Public assembly and entertainment; (6) Indoor recreation services; (7) Animal hospitals (see Section 9-6.110 of this title); (8) Food and kindred products (see Section 9-6.128 of this title); (9) Indoor auto dealers (new and used) and supplies (see Section 9-6.163 of this title). (p) Allowed uses for the business park portion of the project behind the hotel shall be as prescribed as follows: Allowable uses: (1) Broadcast studios; (2) Building materials and hardware (see Section 9-6.165 of this title); (3) Furniture, home furnishings and equipment; (4) General merchandise stores; (5) Mail order and vending; (6) Temporary or seasonal sales (see Section 9-6.174 of this title); (7) Financial services; (8) Health care services; (9) Offices; (10) Small scale manufacturing; (11) Temporary offices (see Section 9-6.176 of this title); (12) Personal services; (13) Light repair services; (14) Accessory storage (see Section 9-6.103 of this title); (15) Membership organizations; (16) Horticultural specialties (see Section 9-6.116 of this title); (17) Business support services, where all areas of use are located within a building; (18) Social and service organizations; (19) Libraries and museums; and (20) Temporary events (see Section 9-6.177 of this title). Conditionally allowable uses: (1) Indoor auto dealers (new and used) and supplies (see Section 9-6.163 of this title). (Ord. 486 § 2, 2005)

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BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero.

On motion by Commissioner ________, and seconded by Commissioner _______ the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA ______________________________ Sandy Jack Planning Commission Chairperson Attest: ______________________________ Warren M. Frace Planning Commission Secretary

Page 30: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

ATTACHMENT 4: Draft Resolution PC 2009-0006 Amendment to Master Plan of Development (CUP 2003-0108 Amendment)

DRAFT RESOLUTION PC 2009-0006

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING

THAT THE CITY COUNCIL APPROVE AN AMENDMENT TO CONDITIONAL USE PERMIT 2003-0108 (MASTER PLAN OF

DEVELOPMENT) ON APN 056-131-034 through 056-131-065, 022, 023 9002 West Front Road & 9000-9092 Coromar Ct.

(Shannon / West Front Village, LLC) WHEREAS, an application has been received from Richard Shannon (6755 El Camino Real, Atascadero, CA 93422) Applicant, and West Front Village, LLC (1301 Chorro Street, San Luis Obispo, CA 93401), Property Owner, to consider a project consisting of: a Zone Code Text Amendment to change the PD-23 (Planned Development #23) zoning text; a CUP (Condition Use Permit) Amendment to amend the Master Plan of Development over the project site; and a Tentative Tract Map to amend the lot lines of 18 of the existing residential lots at 9002 West Front Road & 9000-9092 Coromar Ct. (APN 056-131-034 through 056-131-065, 022, 023); and,

WHEREAS, the site’s current General Plan Designation is Medium Density Residential (MDR) and General Commercial (GC); and, WHEREAS, the site’s current zoning district is RMF-10 (Residential Multi-family – 10) and Commercial retail (CR) with a Planned Development #23 Overlay (PD-23); and,

WHEREAS, the Planning Commission has recommended a Zone Code Text Change to amend the requirements of Planned Development Overlay #23 (PD-23); and, WHEREAS, the PD-23 requires the adoption of a Master Plan of Development, approved in the form of a Conditional Use Permit; and, WHEREAS, the City Council approved the original Master Plan of Development (CUP 2003-0108) for the site on September 27, 2005; and, WHEREAS, the proposed Conditional Use Permit Amendment is in substantial conformance with Certified Mitigated Negative Declaration 2005-0165 prepared for the original project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and,

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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 Zone Change application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Amended Master Plan of Development; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on February 17, 2009, studied and considered the Master Plan of Development Amendment (Amendment to CUP 2003-0108), after first studying and considering Certified Mitigated Negative Declaration 2005-0165, and NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions:

SECTION 1. Findings for Approval of Conditional Use Permit Amendment. The Planning Commission finds as follows:

1. The proposed project or use is consistent with the General Plan and the City’s Appearance Review Manual; and,

2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) including provisions of the PD-23 Overlay Zone; and,

3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and,

4. The proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and,

5. The proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element; and

6. The Master Plan of Development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area; and

7. The proposed project is in compliance with any pertinent City policy or criteria adopted by ordinance or resolution of the City Council.

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SECTION 2. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on February 17, 2009, resolved to recommend that the City Council approve Conditional Use Permit 2003-0108 Amendment (Master Plan of Development Amendment) subject to the following:

EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program EXHIBIT B-2: Alternate Site plan EXHIBIT B: Amended Master Plan of Development/Site Plan EXHIBIT C: Arborist Report EXHIBIT D: Tree Protection Plan EXHIBIT E: Amended Grading and Drainage Plan: Residential lots 1-18 EXHIBIT F: Preliminary Grading and Drainage Plan (portions superseded) EXHIBIT G: Preliminary Landscape Plan (portions superseded) EXHIBIT H: Amended Freeway Frontage Landscaping Plan EXHIBIT I: Amended Commercial Lot 2 landscaping EXHIBIT J: Amended Residential Landscape Plan Lots 1-18 EXHIBIT K: Lot 2 Commercial retail amended floor plan and elevations EXHIBIT L: Business Park Elevations EXHIBIT M: Retail Elevations EXHIBIT N: Hotel Elevations EXHIBIT O: Courtyard Homes Site Plans EXHIBIT P: Amended Elevations (Plans A, B, C, D, E, F, G) EXHIBIT Q: Amended Residential Floor plans (Plans A, B, C, D, E, F, G) EXHIBIT R: Color Boards 1: Residential EXHIBIT S: Color Boards 2: Business Park and Lot 3 commercial EXHIBIT T: Color Boards 3: Hotel

BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by

the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Commissioner ________, and seconded by Commissioner _______ the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED:

Page 33: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

CITY OF ATASCADERO, CA ______________________________ Sandy Jack Planning Commission Chairperson Attest: ______________________________ Warren M. Frace Planning Commission Secretary

Page 34: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program – PD-23 PLN 2099-0997 / Master Plan of Development Amendment (2009) (CUP 2003-0108 Amendment)

Conditions of Approval / Mitigation Monitoring Program

West Front Village PD-23 Master Plan of Development Amendment PLN 2099-0997 (CUP 2003-0108 Amendment)

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

Planning Services

Planning Services

1. The approval of this zone change and use permit shall become final and effective following City Council approval.

FM PS

2. The approval of this Amended use permit shall become final and effective for the purposes of issuing building permits thirty (30) days following the City Council approval of ZCH 2009-0152 upon second reading, 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.

FM PS

3. The Community Development Department shall have the authority to approve the following minor changes to the project that (1) modify the site plan project by less than 10%, (2) result in a superior site design or appearance, and/or (3) address a construction design issue that is not substantive to the Master Plan of Development.

The Planning Commission shall have the final authority to approve any other changes to the Master Plan of Development and any associated Tentative Maps unless appealed to the City Council.

BP / FM PS, CE

4. Approval of this Conditional Use Permit shall be valid for 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. The Conditional Use Permit shall be linked with the Tentative Tract Map and shall be automatically extended if the Tentative Map receives a time extension.

BP / FM PS

5. 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

6. All subsequent Tentative Map and construction permits shall be consistent with the Master Plan of Development contained herein.

The conditions and exhibits identified within this Amendment shall supersede the original project conditions and exhibits where conflicts occur. The 2008 Jack in the Box Amendment on Lot 1 (PLN 2008-1300) shall remain in place for Lot 1. All exhibits for Lot

BP / FM PS, CE

Page 35: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

Conditions of Approval / Mitigation Monitoring Program

West Front Village PD-23 Master Plan of Development Amendment PLN 2099-0997 (CUP 2003-0108 Amendment)

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

1 shall be consistent with PLN 2008-1300.

7. Phasing Condition: Phasing of the various uses on Lots 3-12 (Hotel and Business Park) are as follows:

1.0 Project owners agree to complete construction of the Hotel and the commercial retail building on lots 1 and 2 of Tract 2621 and obtain a Certificate of Occupancy for same, prior to obtaining a Certificate of Occupancy for any of the Residential units. 2.0 Once the hotel and the commercial retail building on lots 1 and 2 of Tract 2621 are 75% complete (framed and waterproofed) as determined by the Community Development Director and a signed contract with the hotel operator is provided to the City , the project owners have the option of obtaining a Performance Guarantee, acceptable to the City, to ensure the completion of the Hotel and Business Park. Should project owners choose to do so, the requirement for obtaining a Certificate of Occupancy in Section 1.0 for Hotel and Business Park shall be deemed satisfied. 3.0 Commercial Lot number 3 shall be marketed by project owners as a restaurant use for a period of not less than 2 years from opening and operation of the hotel. 4.0 The applicant shall implement the approved restaurant marketing plan from project approval through two years from the opening and operation of the project hotel. The applicant shall submit quarterly progress reports to the Community Development Director demonstrating due diligence in marketing the restaurant site for development. If a restaurant use is not secured by the applicant at the end of the marketing period, a final report shall be submitted to the Community Development Director documenting the final results of the marketing plan and requesting that retail use be permitted on the restaurant site. The Community Development Director shall make a final determination within two weeks of the applicant's request.

BP / FM PS, CE

8. All exterior elevations, finish materials, and colors shall be consistent with the attached Exhibits and shall include the following, subject to staff approval:

Final hotel design shall be consistent in architectural style and detailing of the retail buildings.

All exterior material finishes (siding, trim, doors, windows, light fixtures, garage doors) shall be durable, and high quality.

Roofing shall incorporate the 3 types of mission tile within the residential homes per the attached Exhibit.

All trash storage, recycle storage, restaurant service enclosure/area and air conditioning units shall be screened from view behind

BP PS

Page 36: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

Conditions of Approval / Mitigation Monitoring Program

West Front Village PD-23 Master Plan of Development Amendment PLN 2099-0997 (CUP 2003-0108 Amendment)

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

architecturally compatible or landscaped enclosures.

All stucco finishes shall be a smooth / light sand finish, consistent with the Phase 1 hotel building

Final color selection for the project shall be per Exhibits K, R, S, & T, with the exception of the accent colors shown on the residential development in Exhibit R. The accent colors on the residential color board shall be changed to be consistent with the Mission Revival style, subject to staff approval, prior to the issuance of building permits.

All of the driveways in the residential development (including the individual driveways and the shared loop driveway for lots 11-18) shall be done in pavers or decorative concrete (stamped and colored concrete; sample subject to staff approval prior to building permit issuance.)

Eve treatments shall be balanced and architecturally compatible throughout the units and elevations. Eave treatments shall be installed on all sides of the structures and shall not be eliminated. Where building setbacks limit overhangs, a compatible architectural treatments of the eves shall be installed.

The brick treatment on Lot 2 of the commercial development shall be consistent with the brick used on the holiday Inn and Jack-in-the-box.

9. All site work, grading, and site improvements shall be consistent with the Master Plan of Development as shown in EXHIBIT B, with the following exceptions:

In the case that a joint access easement cannot be obtained from the parcel to the south, the project shall be redesigned consistent with Exhibit B-2.

The parking space located closest to the adjacent sidewalk, in the parking court adjacent to the park, shall be deleted and additional landscaping shall be included.

The sidewalk along Coromar Court shall be extended along lot #28 to lot # 45 of Tract 2621.

A minimum of 2 feet landscape/planter area shall be provided between all pavement and proposed fencing, walls, or residential units.

4-foot width of turfblock shall be added to the driveways adjacent to lots 45, 46 and 40, 41 of Tract 2621.

BP/FM PS, BS, CE

Page 37: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

Conditions of Approval / Mitigation Monitoring Program

West Front Village PD-23 Master Plan of Development Amendment PLN 2099-0997 (CUP 2003-0108 Amendment)

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

The applicant shall construct $1,500.00 of off-site

landscape buffering on the adjacent parcel, referred to as the Smith property.

There shall be no parking on the shared driveway for Lots

11-18 (Tract 2970.) Signs shall be posted along the driveway.

The residential lots shall include dedicated trash areas.

Concrete pads shall be installed in the dedicated trash areas. A solid concrete pathway shall be made available from the trash enclosure to the street.

A lighting plan shall be submitted for commercial lot 2 prior

to building permit issuance. A photometric plan shall be required to show that no light spills off site onto the residential lots.

The elevations on all lots (revised lots 1-18 and original

courtyard homes ) shall be consistent with Amended Exhibit Q.

9.A. If the project utilizes the access alternative shown in Exhibit B-2, then the Tentative Tract Map, Grading and Drainage Plan and Landscape Plan shall be revised consistent with Exhibit B-2.

BP PS

9.B. The applicant shall obtain written approval from the Atascadero Mutual Water Company for the improvements within the AMWC easement on lot 14.

BP PS

10. All property development shall be per the minimum setback dimensions shown in the Master Plan of Development and attached Exhibits, with the following exceptions:

The courtyard homes shall be consistent with the lot layouts in Exhibit O (original master plan of development Exhibit.) No changes to the site plan of the courtyard homes are included with this amendment. The site plan of lots 1-18 shall be consistent with the Amended master plan of development (Exhibit B.)

The courtyard homes and/or porches shall be setback a minimum of 5 feet from the parking court.

Guest parking spaces shall be setback a minimum of 2 feet from

BP PS

Page 38: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

Conditions of Approval / Mitigation Monitoring Program

West Front Village PD-23 Master Plan of Development Amendment PLN 2099-0997 (CUP 2003-0108 Amendment)

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

structures, fencing, and walls.

Lots 1-18 shall maintain a minimum side setback of 5-feet from the property line from living spaces and 3-feet from the property line for garages. Any second story pop-outs on the living areas shall maintain a minimum 3 foot setback from the side property line and shall include decorative elements to enhance the architecture.

11. A final landscape and irrigation plan shall be approved prior to the issuance of building permits and included as part of site improvement plan consistent with the attached Exhibits H, I, and J, and as follows:

All areas shown on the landscape plan shall be landscaped by the developer prior to the final of any single building permit for each parcel.

The perimeter residential and commercial privacy walls shall be constructed per the original Master Plan of Development and the attached exhibits with the appearance of decorative stacked stone or stacked stone veneer, smooth/light sand stucco (not textured ) or split face concrete block walls (earth-toned colors to match or compliment project colors), and pre-cast concrete column and wall caps.

The low screen and/or retaining walls between West Front Road and the commercial /fast food/retail building shall be constructed with decorative stacked stone or stacked stone veneer.

All retaining walls are to be constructed of dark earth-tone split face block with split face cap.

Special pavement shall be added within the internal street intersection.

Special paving treatment shown at the Coromar Court entrance shall extend to the 1st residential driveway.

Street trees shall be provided along maximum spacing of 30 feet on center, prior to occupancy of the units.

The applicant shall be required to provide landscaping along West Front Road up to the Caltrans right-of-way, consistent with the Amended landscape and irrigation plans and Exhibit H.

Buffer planter landscaping shall be comprised of evergreen conifers and shall be extended to include the entire landscape planter between the residential and commercial uses. Conifers shall be spaced to provide a solid visual barrier between the residential uses and the hotel/commercial retail sites. Evergreen trees shall be

BP PS, BS

Page 39: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

Conditions of Approval / Mitigation Monitoring Program

West Front Village PD-23 Master Plan of Development Amendment PLN 2099-0997 (CUP 2003-0108 Amendment)

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

installed along the entire length of the rear property line in the landscape planter and behind the commercial buildings. The site plan in Exhibits I and K shall be revised prior building permit issuance to allow a minimum 5-foot wide landscape planter with evergreen trees behind the commercial retail building on Lot 2. The landscape buffer shall be consistent with the buffer on Lot 1 (Jack-in-the-Box)

Street and open space trees shall be minimum 15-gallon size and double staked.

Commercial-grade bicycle racks shall be provided adjacent to each commercial building including the hotel.

Pocket park play equipment shall be per original Master Plan of Development shall be commercial grade and subject to staff approval.

A large oak tree shall be installed center of the landscape area in the looped shared driveway area of lots 11-18. The oak shall be a minimum of 8” DBH and 15 feet in height.

The applicant shall provide confirmation from a biologist that the basin in the residential development is construed per the original project approval and approved plans.

The landscape planters adjacent to the commercial building on lot 2 shall be a minimum width of 2-feet. The planters located beneath the iron wall trellis features shall include vines.

12. The developer and/or subsequent owner shall assume responsibility for the continued maintenance of all landscape and common areas, consistent with EXHIBITS B, G, H, I , and J.

GPBP

PS

13. All project fencing shall be installed consistent with the original 2005 Master Plan of development and the attached exhibits subject to the following modifications:

The masonry screen wall shall be constructed as depicted in the original Master Plan of Development, sheet 5 with decorative stacked stone or stacked stone veneer columns and matching cap, as shown, shall be 8 feet tall, and shall include the following, subject to staff approval:

o Stucco finish shall be of smooth appearance or similar.

o The masonry wall shall be painted a dark earth tone color.

Residential fencing shall be as shown on sheet 5 of the original master plan of development and shall be 4 foot tall solid screening

GPBP

PS

Page 40: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

Conditions of Approval / Mitigation Monitoring Program

West Front Village PD-23 Master Plan of Development Amendment PLN 2099-0997 (CUP 2003-0108 Amendment)

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

with 2 foot lattice.

Open space fencing shall be a maximum of 3 feet.

The front entry walls in the front yards of residential lots 1-18 shall be a maximum height of 3-feet tall. The front entry walls shall have a smooth stucco finish, consistent with the style of the buildings.

14. Affordable Housing Requirement:

Project Site:

The applicant shall deed restrict a minimum of 6 residential units for 30 years, prior to or concurrently with the final map, as follows:

1 units at the very-low income rate,

2 units at the low-income rate,

3 units at the moderate income rate.

All units shall be distributed throughout the project, subject to staff approval.

Future 5-Lot subdivision:

The future subdivision of the site shall result in compliance with the most current City Council policy regarding affordable housing deed restriction or payment of in-lieu fees, prior to or concurrently with the final map.

GP/BP

PS, CA

15. Workforce Housing: Prior to recordation of final map, the applicant shall enter into a legal agreement with the City to reserve ½ of the units for sale to residents or workers within the City of Atascadero, including the affordable units. The agreement shall include the following provisions:

The units shall be offered for sale to residents or workers within the City of Atascadero for a minimum of 60-days. During this time period offers may only be accepted from Atascadero residents or workers;

The applicant shall provide reasonable proof to the City that at least one of the qualified buyers is a resident or worker within the City Limits of Atascadero;

The Atascadero resident or worker restriction shall apply to the initial sale only;

The applicant shall identify which units will be reserved; and

BP PS

Page 41: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

Conditions of Approval / Mitigation Monitoring Program

West Front Village PD-23 Master Plan of Development Amendment PLN 2099-0997 (CUP 2003-0108 Amendment)

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

The City Attorney shall approve the final form of the agreement

16. The proposed pylon shall be consistent with the sign detail shown in the original master plan of development, Sheet 16, and shall include the following, subject to staff approval:

The sign shall be a maximum of 50 feet tall.

Signage size shall not exceed as follows: 100 square feet: Major Tenant 30 square feet minor tenants 200 square feet maximum per sign face This condition shall supersede mitigation measure AES-5.

BP PS

17. Commercial center tenant signage shall be as shown in the attached exhibits. All signs shall meet the size requirements of the Municipal Code.

BP PS

18. A Tree Protection Plan shall be prepared for encroachment within the drip line of native trees located on or adjacent to the subject parcel. The applicant will contract with a certified arborist to monitor all activity within the drip lines of existing native oak trees.

GPBP

PS

19. 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 map for Tract 2970. 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.

a) All Atascadero Police Department service costs to the project.

b) All Atascadero Fire Department service costs to the project.

c) Off-site common City of Atascadero park facilities maintenance service costs related to the project.

FM PS

20. All tract maintenance costs listed below shall be 100% funded by the project in perpetuity. The service and maintenance cost shall be funded through either assessment districts or a Home Owners Association established by the developer and subject to City approval. The district or association must be in place prior to, or concurrently with acceptance of any final maps. The district or

FM PS

Page 42: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

Conditions of Approval / Mitigation Monitoring Program

West Front Village PD-23 Master Plan of Development Amendment PLN 2099-0997 (CUP 2003-0108 Amendment)

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

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 as follows, shall be the responsibility of the district or association.

a) All streets, 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 common landscaping areas, street trees, medians, parkway

planters, manufactured slopes outside private yards, and other similar facilities.

f) All frontage landscaping and sidewalks along arterial streets.

21. 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 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) 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

e) A plan identifying location of trash cans for pick upon trash day shall be approved by the Atascadero Waste Alternatives and included in the CC&R’s

FM PS

22. All mitigation Measures listed in the certified Mitigated Negative Declaration prepared by Padre and Associates shall be implemented and adhered to.

Ongoing PS

Page 43: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

Conditions of Approval / Mitigation Monitoring Program

West Front Village PD-23 Master Plan of Development Amendment PLN 2099-0997 (CUP 2003-0108 Amendment)

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

23. All tree removals shall be mitigated per the requirements of the Atascadero native Tree Ordinance. All trees located on the future 5-lot subdivision shall be preserved.

BP PS

City Engineer Project Conditions

24. The project applicant may apply for a reimbursement map for off-site circulation improvements made to the Santa Rosa / US 101 interchange and frontage roads. The amount of reimbursement credit based on actual construction costs subject to the review and approval of the City Engineer and Administrative Services Director. The reimbursement area and reimbursement amounts shall be determined by an additional traffic study that demonstrates a nexus for all parcels included in the reimbursement area.

On going CE

24.(A) Shared driveway approach to lots 11 through 18 to be modified to meet City Standard 423 for residential driveways (maximum 20’ wide). This standard may require two separate driveway approaches at this location.

GP, BP CE

Drainage:

25. Submit calculations to support the design of any structures or pipes. Closed conduits shall be designed to convey the 10-year flow with gravity flow, the 25-year flow with head, and provide safe conveyance for the 100 year overflow.

GP, BP CE

26. Provide for the detention of the 50 year developed storm runoff, while metering out the 2 year undeveloped storm runoff.

GP, BP CE

27. Drainage basins shall be designed to desilt, detain and meter storm flows as well as release them to natural runoff locations.

GP, BP CE

28. The drainage basins shall be landscaped with native plantings.

GP, BP CE

29. A mechanism for funding and maintenance of the storm drain facilities shall be provided.

GP, BP CE

30. Show the method of dispersal at all pipe outlets. Include specifications for size & type.

GP, BP CE

31. Show method of conduct to approved off-site drainage facilities. GP, BP CE

32. Concentrated drainage from off-site areas shall be conveyed across the project site in drainage easements. 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 exact historic path, rate and velocity as prior to the subdivision.

GP, BP CE

Page 44: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

Conditions of Approval / Mitigation Monitoring Program

West Front Village PD-23 Master Plan of Development Amendment PLN 2099-0997 (CUP 2003-0108 Amendment)

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

33. Applicant shall submit erosion control plans and a Storm Water Pollution Prevention Plan (SWPPP). The Regional Water Quality Control Board shall approve the SWPPP.

GP, BP CE

34. The Preliminary Grading and Drainage Plan details offsite grading to collect offsite storm water and pass it through the site. This grading must be approved by the offsite property owner in a recorded easement. If the easement can not be obtained all grading along the west property line must be keep onsite.

GP, BP CE

Traffic Mitigation:

GP, BP CE

35. A Traffic Impact Study was produced for this project by Omni-Means. In the study there are recommended mitigation measures. Listed below are conditions to implement the mitigation measures:

A. Santa Rosa Interchange

Install signals on the interchange at the intersection of the north and south bound ramp heads. Remove both 4 way stops.

B. West Front Street/Santa Rosa Road Intersection Make this intersection right in and right out only with the construction of a median. This Improvement shall be reviewed by Caltrans Park and Ride Staff. C. Old Santa Rosa Road/Santa Rosa Road Intersection Repave and stripe intersection and Old Santa Rosa Road to a Rural Local Road Standard (401).

D. Portola Ave Driveway (Gas Station) This driveway will be right in and right out only. A physical barrier will be place to restrict this movement. These are improvements that are not identified as needed improvements in the City of Atascadero Circulation Element and the Growth Mitigation Program. Therefore, the growth mitigation fee does not cover the improvements.

GP, BP CE

Public Improvements:

GP, BP CE

36. West Front Street Frontage Improvements Improvements to include two (2) travel lanes, one (1) turn lane and a five foot bike lane. An AC curb shall be constructed on the north-east side of West Front. Curb, gutter and sidewalk shall be constructed shall be constructed on the south-west side of West Front. No parking will be allowed

GP, BP CE

Page 45: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

Conditions of Approval / Mitigation Monitoring Program

West Front Village PD-23 Master Plan of Development Amendment PLN 2099-0997 (CUP 2003-0108 Amendment)

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

on West Front Street. The existing south bound lane asphalt surface is failing. The road shall be repaired to correct this deficiency. This may be a reconstruction, grind and repave or resurfacing. The Project Improvement Plans shall address this condition to the approval of the City Engineer. 36.A. The project shall install a raised, left turn restriction median barrier in the southern most driveway. The barrier shall prevent both entering and exiting left turn movements. The City Engineer may waive this requirement through demonstration by a traffic engineer that left turn movements can be safely accommodated.

GP, BP CE

37. Portola Ave. Frontage Improvements Improvements to include two (2) travel lanes and a bike lane. Curb, gutter and sidewalk shall be constructed on the south side of Portola Ave.

GP, BP CE

38. All public improvements shall be constructed in conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer.

GP, BP CE

39. A mechanism to provide for the funding and maintenance of lighting, street improvements, special paving surfaces, sewer, storm drain, common area landscape, open space, and hardscape shall be provided.

GP, BP CE

40. The on-site residential streets shall be improved consistent with the Tentative Tract Map. The streets shall be marked with “No Parking” signs within the cul-de-sac. All residential streets shall be improved to City Standards. The City Engineer shall approve any deviation from the standard curb and gutter.

GP, BP CE

41. All Utilities shall be underground on Portola Ave. and West Front Road and within the project.

Sewer

42. A mechanism must be provided to fund the maintenance and future replacement of all sewer mains throughout the project area. The developer shall establish a benefit maintenance assessment district, or similar funding mechanism, approved by the City, to provide sufficient funds, on an annual basis, to pay for the maintenance activities on the sewer mainline and related facilities within the project area.

GP, BP CE

43. Applicant shall pay sewer extension (Annexation), Connection and Reimbursement fees (if applicable) upon issuance of building permit.

GP, BP CE

Page 46: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

Conditions of Approval / Mitigation Monitoring Program

West Front Village PD-23 Master Plan of Development Amendment PLN 2099-0997 (CUP 2003-0108 Amendment)

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

44. 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.

GP, BP CE

45. Gravity mains within the subdivision shall be eight (8) inches in diameter.

GP, BP CE

46. 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.

GP, BP CE

STANDARD CONDITIONS:

47. Prior to final map recordation, the applicant shall provide a detailed cost analysis and breakdown of all maintenance required and the amount to be billed to each property annually. The analysis shall include scheduled maintenance including slurry seals, overlays, etc. The analysis shall include administrative fees.

GP, BP CE

48. The applicant shall enter a Subdivision Improvement Agreement with the City of Atascadero prior to recording the final map.

GP, BP CE

49. In the event that the applicant is allowed to bond for the public improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council.

GP, BP CE

50. 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.

GP, BP CE

51. The Subdivision Improvement Agreement shall record concurrently with the Final Map.

GP, BP CE

52. The applicant shall enter into a Plan Check/Inspection agreement with the City.

GP, BP CE

53. A six (6) foot Public Utility Easement (PUE) shall be provided contiguous to the West Front Road and Portola Avenue property frontages.

GP, BP CE

Page 47: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

Conditions of Approval / Mitigation Monitoring Program

West Front Village PD-23 Master Plan of Development Amendment PLN 2099-0997 (CUP 2003-0108 Amendment)

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

54. The applicant shall acquire title interest in any off-site land that may be required to allow for the construction of the improvements. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress and egress is affected by these improvements.

GP, BP CE

55. Slope easements shall be obtained by the applicant as needed to accommodate cut or fill slopes.

GP, BP CE

56. Drainage easements shall be obtained by the applicant as needed to accommodate both public and private drainage facilities.

GP, BP CE

57. A preliminary subdivision guarantee shall be submitted for review in conjunction with the processing of the parcel map.

GP, BP CE

58. The final map shall be signed by the City Engineer prior to the map being placed on the agenda for City Council acceptance.

GP, BP CE

59. Prior to recording the parcel map, the applicant shall pay all outstanding plan check/inspection fees.

GP, BP CE

60. Prior to recording the map, the applicant shall complete all improvements required by these conditions of approval.

GP, BP CE

61. Prior to recording the parcel map, the applicant shall set monuments at all new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the parcel map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced.

GP, BP CE

62. Prior to recording the parcel map, the applicant shall submit a map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance.

GP, BP CE

63. 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.

GP, BP CE

64. Prior to recording the parcel map, the applicant shall have the map reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company indicating their review of the map. The letter

GP, BP CE

Page 48: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

Conditions of Approval / Mitigation Monitoring Program

West Front Village PD-23 Master Plan of Development Amendment PLN 2099-0997 (CUP 2003-0108 Amendment)

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

shall identify any new easements that may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the parcel map.

65. Prior to the issuance of building permits the applicant shall

submit plans and supporting calculations/reports including street improvements, underground utilities, composite utilities, and grading/drainage plans prepared by a registered civil engineer for review and approval by the City Engineer.

GP, BP CE

Atascadero Mutual Water Company

66. Before the issuance of building permits, the applicant shall submit plans to AMWC for the water distribution facilities needed to serve the project. AMWC shall review and approve the plans before construction begins on the water system improvements. All water distribution facilities shall be constructed in conformance with AMWC Standards and Details and the California Waterworks Standards (Code of Regulations Title 22, Division 4, Chapter 16).

GP, BP CE

67. Before the start of construction on the water system improvements, the applicant shall pay all installation and connection fees required by AMWC. Subject to the approval of AMWC, the applicant may enter in to a “deferred connection” agreement.

GP, BP CE

68. Before issuance of building permits, the applicant shall obtain a “Will Serve” letter from AMWC for the newly created lots within the subdivision.

GP, BP CE

69. The applicant shall bank the water meters serving Lots 14-25 keeping them within the Coromar Court right-of-way.

GP, BP CE

70. Water mains and appurtenances not accepted for operation and maintenance by AMWC shall be isolated from the AMWC system with detector-type cross-connection control devices. All cross-connection devices shall conform to AWWA and California Department of Health Services standards.

GP, BP CE

71. The applicant shall provide AMWC with easements for those water mains and appurtenances proposed for operation and maintenance by AMWC that are constructed outside of publicly maintained right-of-ways. The minimum width of these easements shall be 20-feet or as directed by AMWC. AMWC shall review and approve the form and content of these easements before recordation. Water mains constructed within these easements shall not pass beneath, and shall maintain a minimum of five feet of clearance from, any structure, retaining wall, footing, or foundation.

GP, BP CE

Page 49: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

Conditions of Approval / Mitigation Monitoring Program

West Front Village PD-23 Master Plan of Development Amendment PLN 2099-0997 (CUP 2003-0108 Amendment)

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

72. The applicant shall relocate the existing 6-inch water line that crosses Lots 1-3 into the Portola Road and West Front Road rights-of-way.

GP, BP CE

73. The applicant shall submit a hydraulic analysis with the first plan check submittal of the water system improvements for the project. The analysis should take into account the fire flows required by the Uniform Fire Code and requirements of the California Waterworks Standards. The applicant is responsible for designing and constructing water system improvements that will provide water at pressures and flows adequate for the domestic and fire protection needs of the project.

GP, BP CE

74. The applicant shall obtain a separate landscape-irrigation meter(s) from AMWC for the common areas within the project.

GP, BP CE

75. Before construction of the water system improvements, AMWC shall review and approve the irrigation plans for the common areas within the project. The irrigation plan submittal shall include the following:

o Landscape irrigation meter location and size. o Backflow prevention device type, location, and

manufacturer o Flow and precipitation rate for each circuit o Irrigation schedules including schedules for

establishment period and post establishment period o Total anticipated water application per circuit per month

for both schedules o Total landscape water application. o Use drip irrigation where ever possible o A check valve shall be installed on the lowest head in

each sprinkler circuit

GP, BP CE

PLANNING COMMISSION CONDITIONS

76. Provide Portolla Road Traffic Control evaluation.

77. Eliminate non-tax generating uses, similar to Dove Creek project.

78. Provide deeper earth tone colors on business park buildings.

79. Stripe center line of Coromar Avenue and add stop sign at Via Tortuga

80. The sign locations and maximum height are approved as proposed. As part of the construction permit process, applicant shall provide an analysis of the brightness and glare of the pylon signs. The final design and analysis shall be brought back to public hearing for review and approval.

Page 50: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

Conditions of Approval / Mitigation Monitoring Program

West Front Village PD-23 Master Plan of Development Amendment PLN 2099-0997 (CUP 2003-0108 Amendment)

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

Mitigation Measure AES-1: The following landscape mitigations shall apply:

a) Landscaping of Caltrans ROW required;

b) Development shall be buffered with an informal landscape theme, meandering pathway, and compatible project fencing;

c) The project shall include landscaping of all common areas, including slopes, streetscapes, residential front yards, and street trees; and,

d) All on-site retention basins shall be designed, constructed, and maintained as jurisdictional wetlands while allowing the basins to function as engineered for storm water management.

BP PS, BS, CE AES-1

Mitigation Measure AES-2: The proposed homes shall include the use of earth-tone paint and roof colors designed to blend with the surrounding semi-rural environment and reduce the potential for reflected light and glare.

BP PS, BS, CE AES-2

Mitigation Measure AES-3: Only pedestrian pathway (bollard style) lighting is proposed. However, if exterior street lighting is proposed, it shall be limited to intersections only and designed to eliminate any off-site glare. All exterior site lights shall utilize full cut-off, “hooded” lighting fixtures to prevent offsite light spillage and glare. Any luminaire pole height shall not exceed 20-feet in height, limit intensity to 2.0 foot candles at ingress/egress, and otherwise 0.6 foot candle minimum to 1.0 maximum within the private street. Fixtures shall be shield cut-off type and compatible with neighborhood setting, subject to staff approval.

In addition, individual exterior home-owner lighting shall be restricted through CC&R’s and individual lot deed-restriction to prohibit high-intensity lighting in excess of one-foot candle, limited in fixture height to not exceed 10 feet, and utilize full cut-off, “hooded” lighting fixtures to prevent offsite light spillage and glare.

BP PS, BS, CE AES-3

Mitigation Measure AES-4: To prevent impacts to visual resources associated with the Wilson Property, Mitigation Measure BIO-8 shall be implemented.

BP PS, BS, CE AES-4

Mitigation Measure AES-5: Two pylon and monument signs shall be constructed according to the City of Atascadero’s Sign Ordinance. Where principles uses are shopping, offices or industrial complexes, freeway oriented signs are allowed a maximum of one (1) square foot of sign per lineal foot of building frontage, not to exceed sixty (60) feet, whichever is less (section 9-15.005ii). For gas station canopies, a maximum of twenty (20) square-foot signs with logos and color banding on no more than two (2) sides are allowed (Section 9-15.005iii).

As per Section 9-15.005a(2), one (1) monument sign is allowed per 200 lineal feet of street frontage, not including street frontage adjacent to residential zones, up to sixty (60) square feet in size and up to ten (10) feet from the natural grade. Monument signs must be landscaped in a manner that incorporates the sign into the surroundings (section 9-15.004h).

BP, GP PS, BS, CE AES-5

Page 51: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

Conditions of Approval / Mitigation Monitoring Program

West Front Village PD-23 Master Plan of Development Amendment PLN 2099-0997 (CUP 2003-0108 Amendment)

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

Mitigation Measure AQ-1: During construction, the applicant shall implement the following standard construction equipment mitigation measures for reducing nitrogen oxide (NOx) and combustion emissions (diesel particulate matter) shall (see section 6.3.1 of the Air Quality Handbook):

a) Maintain all construction equipment in proper tune according to manufacturer’s specifications;

b) Fuel all off-road and portable diesel powered equipment with ARB certified motor vehicle diesel fuel (non-taxed version suitable for use off-road); and,

c) Maximize, to the extent feasible, the use of diesel construction equipment meeting ARB's 1996 and newer certification standard for off-road heavy-duty diesel engines.

BP, GP PS, BS, CE AQ-1

Mitigation Measure AQ-2: This measure focuses on reducing ozone formation from project-related ozone precursors, NOx and ROC. The primary source of these emissions would be ROC released during application of paint to the proposed residential and commercial structures. The rate of ozone formation is greatest during periods of clear weather, low winds and high temperatures. Based on air quality monitoring at the Atascadero station, peak hourly ozone levels occur from May through September. One of the following measures shall be implemented to prevent exceedances of the State 1-hour ozone standard:

a) Paint shall not be applied from May through September; OR

b) Paint emissions shall not exceed the 185 pound per day significance threshold (88 gallons per day based on 2.08 pounds VOC per gallon); AND

c) Paint emissions shall not exceed the 2.5 ton per quarter significance threshold (2,403 gallons per quarter based on 2.08 pounds VOC per gallon).

d) The use of pre-coated materials, or naturally colored materials and high transfer efficiency painting methods (e.g., HVLP, brush/roller, etc.) to the maximum extent feasible would reduce the amount of paint used and facilitate compliance with the thresholds.

BP PS, BS, CE AQ-2

Mitigation Measure AQ-3: Prior to the City issuing a Building Permit for the project, the applicant shall provide to the City project grading and buildings plans that contain the following required PM10 mitigation measures. In addition, the applicant shall designate a person or persons to monitor, during construction, the dust control program and to order increased watering, as necessary, to prevent transport of dust offsite. Their duties shall include holidays and weekend periods when work may not be in progress. The name and telephone number of such persons shall be provided to the APCD prior to land use clearance for map recordation and finished grading of the area.

BP, GP PS, BS, CE AQ-3

Page 52: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

Conditions of Approval / Mitigation Monitoring Program

West Front Village PD-23 Master Plan of Development Amendment PLN 2099-0997 (CUP 2003-0108 Amendment)

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

a) Reduce the amount of the disturbed area where possible;

b) Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (nonpotable) water should be used whenever possible;

c) All dirt stock pile areas should be sprayed daily as needed;

d) Permanent dust control measures identified in the approved project revegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities;

e) Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading should be sown with a fast germinating native grass seed and watered until vegetation is established;

f) All disturbed soil areas not subject to revegetation should be stabilized using approved chemical soil binders, jute netting, or other methods approved in advance by the APCD;

g) All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used;

h) Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site;

i) All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114;

j) Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment leaving the site; and,

k) Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible.

Mitigation Measure AQ-4: Prior to any grading activities at the site, the applicant shall ensure that a geologic evaluation is conducted to determine if naturally occurring asbestos (NOA) is present within the area that will be disturbed. If NOA is not present, an exemption request must be filed with the District. If NOA is found at the site, the applicant must comply with all requirements outlined in the Asbestos Air Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface Mining Operations. This may include development of an Asbestos Dust Mitigation Plan and an Asbestos Health and Safety Program for approval by the APCD.

GP PS, BS, CE AQ-4

Page 53: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

Conditions of Approval / Mitigation Monitoring Program

West Front Village PD-23 Master Plan of Development Amendment PLN 2099-0997 (CUP 2003-0108 Amendment)

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

Mitigation Measure AQ-5: The applicant shall only install APCD approved wood burning devices in the new dwelling units consistent with APCD Rule 504. These devices include:

a) All EPA-Certified Phase II wood burning devices;

b) Catalytic wood burning devices which emit less than or equal to 4.1 grams per hour of particulate matter which are not EPA-Certified but have been verified by a nationally-recognized testing lab;

c) Non-catalytic wood burning devices which emit less than or equal to 7.5 grams per hour of particulate matter which are not EPA-Certified but have been verified by a nationally-recognized testing lab;

d) Pellet-fueled woodheaters; and,

e) Dedicated gas-fired fireplaces.

BP PS, BS, CE, FD

AQ-5

Mitigation Measure AQ-6: The applicant shall comply with AB 3205 Requirements for Gasoline Dispensing Facilities. Prior to construction, the applicant shall provide information to the APCD indicating whether hazardous materials or certain equipment or processes will be used in or at the facility. Such uses may require a permit from the APCD and/or a Hazardous Materials Business Plan. The City of Atascadero will not issue a final certificate of occupancy until the applicant or future building occupant has complied with the provisions of the law. The law may also impose certain public noticing requirements for a facility that handles hazardous materials and is located within 1,000 feet of the outer boundary of a school (kindergarten through 12th grade).

BP PS, BS, CE AQ-6

Mitigation Measure AQ-7: Prior to construction, the applicant shall obtain a Combined Authority to Construct/Operate, issued by the APCD and the San Luis Obispo County Environmental Health Service (EHS). As part of this, the District will run a health-based screening level risk assessment for the facility, following the California Air Pollution Control Officer's Association (CAPCOA) guidelines. Depending on the District's screening risk determination, the applicant may be subject to throughput limitations or may be required to submit a more refined Health Risk Assessment.

BP, GP PS, BS, CE AQ-7

Mitigation Measure AQ-8: Prior to the City issuing a Building Permit, the applicant shall incorporate the following into the project design:

a) Traffic calming modifications to project roads, such as narrower streets, speed platforms, bulb-outs and intersection modifications designed to reduce vehicle speeds, thus encouraging pedestrian and bicycle travel;

GP, BP PS, BS, CE AQ-8

Page 54: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

Conditions of Approval / Mitigation Monitoring Program

West Front Village PD-23 Master Plan of Development Amendment PLN 2099-0997 (CUP 2003-0108 Amendment)

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

b) Easements or land dedications for bikeways and pedestrian walkways;

c) Continuous sidewalks separated from the roadway by landscaping and on-street parking. Adequate lighting for sidewalks must be provided, along with crosswalks at intersections;

d) If the project is located on an established transit route, improve public transit accessibility by providing transit turnouts with direct pedestrian access to the project;

e) Street shade tree planting;

f) Outdoor electrical outlets to encourage the use of electric appliances and tools;

g) On-site bicycle parking for multi-family residential developments;

h) Cable to allow telecommuting, teleconferencing and telelearning to occur simultaneously in at least three locations throughout the home;

i) Shade tree planting along southern exposures of buildings to reduce summer cooling needs;

j) Roof material with a solar reflectance value meeting the EPA/DOE Energy Star® rating to reduce summer cooling needs;

k) Building energy efficiency rating by 10% above what is required by Title 24 requirements. This can be accomplished in a number of ways (increasing attic, wall, or floor insulation, installing double pane windows, using high efficiency home heating, cooling, water heaters, and appliances, using efficient interior lighting etc.);

l) Outdoor electrical outlets to encourage the use of electric appliances and tools;

m) Walls and attic insulation beyond Title 24 requirements;

n) High efficiency gas or solar water heaters;

o) Built-in energy efficient appliances;

p) Double-paned windows;

q) Low energy street lights (i.e. sodium);

r) Energy efficient interior lighting;

s) Low energy traffic signals (i.e. light emitting diode);

t) Door sweeps and weather stripping if more efficient doors and windows are not available; and,

u) High efficiency or gas space heating.

Page 55: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

Conditions of Approval / Mitigation Monitoring Program

West Front Village PD-23 Master Plan of Development Amendment PLN 2099-0997 (CUP 2003-0108 Amendment)

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

Mitigation Measure BIO-1: Initial rough grading operations and vegetation removal shall be conducted prior to, or after, the typical migratory bird nesting season (March 1 – August 1) to avoid any potential impact to migratory bird nesting activity. Therefore, initial grading should be conducted between the months of August and February.

BP PS, BS, CE BIO-1

Mitigation Measure BIO-2: If Measure BIO-1 is infeasible, pre-construction surveys shall be conducted prior to any initial grading activity and vegetation removal to identify any potential bird nesting activity, and:

a) If any nest sites of bird species protected under the Migratory Bird Treaty Act are observed within the vicinity of the project site, then the project shall be modified and/or delayed as necessary to avoid direct take of the identified nests, eggs, and/or young; and,

b) If active nest sites of raptors and/or birds species of special concern are observed within the vicinity of the project site, then CDFG shall be contacted to establish the appropriate buffer around the nest site. Construction activities in the buffer zone shall be prohibited until the young have fledged the nest and achieved independence.

BP PS, BS, CE BIO-2

Mitigation Measure BIO-3: Prior to any earth disturbance, exclusionary fencing shall be erected at the boundaries of all construction areas to avoid equipment and human intrusion into adjacent habitats. The fencing shall remain in place and be maintained throughout construction.

BP PS, BS, CE BIO-3

Mitigation Measure BIO-4: Several measures are included within the Arborist Report prepared by A&T which outline methods of minimizing potential impacts to existing oak trees which would remain within the property at completion of the proposed project. These measures include following, as stated within the Arborist Report:

a) The proposed fencing shall be shown on the grading plan. It must be a minimum of 4’ high chain link, snow, or safety fence staked at the edge of the drip-line or line of encroachment for each tree or group of trees. The fence shall be up before any construction or earth moving begins. The fencing shall be placed at the edge of the drip-line or further as measured from the actual trees. The owner shall be responsible for maintaining an erect fence throughout the construction period. The arborist(s), upon notification, will inspect the fence placement once it is erected. After this time, fencing shall not be moved without arborist inspection/approval. If the orange plastic fencing is used, a minimum of four zip ties shall be used on each stake to secure the fence along with tie wire or other suitable material intertwined through the top.

b) 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 water jetting, adding organic matter, and boring small holes with an auger (18” deep, 2-3’ apart with a 2-4” auger) and the application of moderate amounts of nitrogen fertilizer. The

BP PS, BS, CE BIO-4

Page 56: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

Conditions of Approval / Mitigation Monitoring Program

West Front Village PD-23 Master Plan of Development Amendment PLN 2099-0997 (CUP 2003-0108 Amendment)

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

arborist(s) shall advise.

c) All areas within the dripline 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.

d) All trenching within the drip-line of native trees shall be hand dug, augured or bored. Prior to any trenching, all utility paths under the drip lines shall be marked by the owner and subsequently air spade to expose all roots without damaging them. Conduit/piping shall then be placed over/under all roots greater than one inch in diameter. The trench can then be re-buried without the need to cut any large roots.

e) Grading should not encroach within the drip-line unless authorized. If grading is necessary, construction of retaining walls or tree wells or other protection measures may be necessary to insure the survivability of the trees. Chip mulch 4-6” in depth may also be required in these areas. 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.

f) 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.

g) Pervious surfacing is preferred within the drip-line of any oak tree. Permeable pavers shall be used for the sidewalk under the drip-line. Arborist(s) will advise.

h) Vehicles and all heavy equipment shall not be driven under the trees, as this will contribute to soil compaction. Also there is to be no parking of equipment or personal vehicles in these areas. All areas behind fencing are off-limits unless pre-approved by the arborist.

i) The existing ground surface within the drip-line of all oak trees shall not be cut, filled, compacted or paved, unless shown on the grading plans and approved by the arborist.

j) No liquid or solid construction waste shall be dumped on the ground within the drip-line of any oak tree.

k) An arborist shall be present for selected activities and pre-construction fence placement inspection. The monitoring does not necessarily have to be continuous, but observational at time during the above activities. It is the responsibility of the owner(s) or their designee to inform us prior to these events so A&T can make arrangements to be present. The following activities shall be monitored: 1) trenching within the drip-line; 2) curb footing excavation; and, 3) sidewalk grading.

l) An on-site preconstruction meeting with the Arborist(s), Owner(s), Planning Staff, and the earth-moving team shall be required for this project. Prior to final occupancy, a letter from the arborist(s)

Page 57: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

Conditions of Approval / Mitigation Monitoring Program

West Front Village PD-23 Master Plan of Development Amendment PLN 2099-0997 (CUP 2003-0108 Amendment)

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

shall be required verifying the health/condition of all impacted trees and providing any recommendations for any additional mitigation. The letter shall verify that the arborist(s) were on site for all grading and/or trenching activity that encroached into the drip-line of the selected native trees, and that all work done in these areas was completed to the standards set forth above.

m) Class 4 pruning includes – Crown reduction pruning shall consist of reduction of tops, sides, or individual limbs. A trained arborist shall perform all pruning.

n) All landscape under the drip-line shall be drought tolerant or native varieties. Lawns shall be avoided. All irrigation trenching shall be routed around critical root zones, otherwise above ground drip-irrigation shall be used.

o) All utilities shall be placed down the roads and driveways and when possible outside of the drip-line. The arborist shall supervise trenching within the drip-line. All trenching in these areas shall be hand dug. As stated above in the trenching mitigation, all paths shall be marked by the owner and air spade prior to any digging.

Mitigation Measure BIO-5: The applicant shall develop and submit an oak tree replacement plan to the City of Atascadero to ensure that the project is in compliance with the City of Atascadero Native Tree Ordinance. As such, native trees removed during project implementation shall be replaced. For every 6” diameter at breast height (dbh) or greater of deciduous oak tree removed, two 5-gallon, locally grown native oaks of the same species shall be planted. For every 6” dbh of other native tree (as listed in City Ordinance Number 350) that is removed, one 5-gallon, locally grown tree of the same species shall be planted (Atascadero Native Tree Guidelines).

BP PS, BS, CE BIO-5

Mitigation Measure BIO-6: Upon project completion a final status report shall be prepared by the project arborist, and submitted to the City of Atascadero, certifying the project was in compliance with the mitigation measures included in the A&M arborist report and those measures which will be included within the proposed Oak Tree Replacement Plan, as described above.

BP PS, BS, CE BIO-6

Mitigation Measure BIO-7: All existing native trees on the Wilson Property shall not be removed or significantly impacted as a result of project implementation.

GP PS, BS, CE BIO-7

Mitigation Measure BIO-8: The applicant shall ensure that the three wetland areas are designed, constructed and maintained in accordance with the requirements of the 404 Permit issued by the U.S. Army Corps of Engineers for the project.

BP,GP PS, BS, CE BIO-8

Mitigation Measures CUL-1. Because the Colony house is largely intact with few modern alterations and the cluster of structure and trees retains a setting of the organization, vies, and tranquility of the Frandsen and Wilson households and is regarded as an important part of the early history of Atascadero, an Historic Overlay Zone shall be required on the Wilson Property to protect it from any adverse impacts from the current and future projects. Any construction and/or subdivision on the site

BP,GP PS, BS, CE CUL-1

Page 58: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

Conditions of Approval / Mitigation Monitoring Program

West Front Village PD-23 Master Plan of Development Amendment PLN 2099-0997 (CUP 2003-0108 Amendment)

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

shall be consistent with the Secretary of Interior standards for rehabilitation of historic structures.

Mitigation Measure CUL-2: Should any cultural resources be unearthed during site development work, the provisions of CEQA -Section 15064.5, will be followed to reduce impacts to a non-significant level.

BP,GP PS, BS, CE CUL-2

Mitigation Measure CUL-3: Any additional mitigation measures recommended by the project cultural resource consultant, resulting from completion of Phase II testing or from on-site monitoring of earth disturbance activities shall be forwarded to the City in the form of a mitigation monitoring program for site development, and shall be incorporated into the proposed project prior to project approval.

BP,GP PS, BS, CE CUL-3

Mitigation Measure GEO-1: The applicant will implement Mitigation Measure HWQ-1.

BP PS, BS, CE GEO-1

Mitigation Measure GEO-2: A soils report and geotechnical investigation shall be submitted as part of the building permit process. Any measures identified in this report shall be incorporated into the conditions of approval.

BP PS, BS, CE GEO-2

Mitigation Measure HAZ-1: Prior to grading activities at the 1-acre parcel of the former gasoline station, the applicant shall prepare a Contaminated Materials Management Plan (CMMP) to be implemented during excavation or grading activities. The CMMP shall include procedures for the proper and safe handling and disposal of petroleum hydrocarbon contaminated soils. Petroleum hydrocarbon-containing soil with Total Petroleum Hydrocarbon (TPH) concentrations in excess of 100 milligrams per kilogram shall not be used for backfill material on-site and shall be transported to a properly licensed landfill or recycling facility. The CMMP shall be submitted to the City and the County of San Luis Obispo Division of Environmental Health for review and approval prior to initiation of grading activities.

BP, GP PS, BS, CE HAZ-1

Mitigation Measure HAZ-2: Mitigation Measure HAZ-2: No water wells will be constructed at the project site without the express written approval of the Regional Water Quality Control Board.

BP, GP PS, BS, CE HAZ-2

Mitigation Measure HAZ-3: The gas station shall be constructed and operated in accordance with current state UST specifications including double-walled tanks, piping and dispenser catch pans. The applicant shall obtain appropriate UST permits from the County Environmental Health Division, the local Certified Unified Program Agency (CUPA) for the proposed UST installations.

BP, GP PS, BS, CE HAZ-3

Mitigation Measure HWQ-1: The applicant will prepare and implement a Sediment and Erosion Control Plan (SECP) for the proposed project. The SECP will include:

a) Slope surface stabilization measures, such as temporary mulching,

BP, GP PS, BS, CE HWQ-1

Page 59: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

Conditions of Approval / Mitigation Monitoring Program

West Front Village PD-23 Master Plan of Development Amendment PLN 2099-0997 (CUP 2003-0108 Amendment)

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

seeding, and other suitable stabilization measures to protect exposed erodible areas during construction, and installation of earthen or paved interceptors and diversion at the top of cut of fill slopes where there is a potential for erosive surface runoff;

b) Erosion and sedimentation control devices, such as energy absorbing structures or devices, will be used, as necessary, to reduce the velocity of runoff water to prevent polluting sedimentation discharges;

c) Installation of mechanical and/or vegetative final erosion control measures within 30 days after completion of grading;

d) Confining land clearing and grading operations to the period between April 15 and October 15 to avoid the rainy season; and,

e) Minimizing the land area disturbed and the period of exposure to the shortest feasible time.

Prior to construction, the applicant will develop a Storm Water Pollution Prevention Plan (SWPPP) and submit a Notice of Intent to comply with the NPDES “General Permit for Storm Water Discharge Associated with Construction Activity (99-08-DWQ). The SWPPP will include provisions for the installation and maintenance of Best Management Practices to reduce the potential for erosion of disturbed soils at the Project site.

Mitigation Measure HWQ-2: The developer is responsible for ensuring that all contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop orders.

BP, GP PS, BS, CE HWQ-2

Mitigation Measure NOI-1: The applicant will construct acoustic sound walls to mitigate elevated noise levels to the residences. The noise barrier will extend in height (minimum of 6 feet) so that it breaks the line of sight between the noise sources and the receivers. The sound wall shall have a continuous structure and extend in a linear fashion parallel to the property line interface with the service station/retail facility and hotel and the residences (townhomes and single family residences) along this boundary. The location of the sound wall is shown in Figure 2-2. Aesthetics treatment, including landscaping of various shrubs, will be applied to the sound wall to mitigate visual concerns.

BP, GP PS, BS, CE NOI-1

Mitigation Measure NOI-2: All construction activities shall comply with the City of Atascadero Noise Ordinance for hours of operation, and as follows:

Construction activities shall be limited to the following hours of operation:

• 7 a.m. to 7 p.m. Monday through Friday

BP, GP PS, BS, CE NOI-2

Page 60: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

Conditions of Approval / Mitigation Monitoring Program

West Front Village PD-23 Master Plan of Development Amendment PLN 2099-0997 (CUP 2003-0108 Amendment)

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

• 9 a.m. to 6 p.m. Saturday

• No construction on Sunday

Furthermore, particularly loud noises shall not occur before 8 a.m. on weekdays and not at all on weekends.

The hours of construction may be modified by the Community Development Director upon a determination that unusually loud construction activities are having a significant impact on the neighbors.

Failure to comply with the above-described hours of operation may result in withholding of inspections and possible construction prohibitions, subject to the review and approval of the Community Development Director.

A sign shall be posted on-site with the hours of operation and a telephone number of the person to be contacted in the event of any violations. The details of such a sign shall be approved by staff during the Grading Plan/Building Permit review process.

Mitigation Measure PUB-1: Applicant will pay all Development Impact Fees per City requirements. The emergency services and facility maintenance costs listed below shall be 100% funded by the project in perpetuity. The service and maintenance cost shall be funded through a community facilities district established by the developer subject to City approval. The funding mechanism must be in place prior to or concurrently with acceptance of any 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.

a) All Atascadero Police Department service costs to the project;

b) All Atascadero Fire Department service costs to the project; and,

c) Off-site common City of Atascadero park facilities maintenance service costs related to the project.

BP, GP PS, BS, CE PUB-1

Mitigation Measures TRA-1: The following mitigation measures have been identified and/or the equitable share has been calculated:

A. Santa Rosa Road/US 101 interchange: Install traffic signals and consider coordination with nearby and future traffic signals. As a result of cumulative traffic growth within the vicinity of this interchange and the existing substandard design of this tight diamond interchange, the existing all-way stop controlled intersections are forecasted to degrade to unacceptable LOS “F” conditions during the PM peak In addition, the projected traffic volumes during the PM peak hour period meet Caltrans’ Peak Hour Warrant 11 (Urban Areas) for both intersections.

A queuing analysis was performed along Santa Rosa Road between

BP, GP PS, BS, CE TRA-1

Page 61: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

Conditions of Approval / Mitigation Monitoring Program

West Front Village PD-23 Master Plan of Development Amendment PLN 2099-0997 (CUP 2003-0108 Amendment)

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

the two future signalized ramp heads. It was determined that there is not adequate space between the two ramp intersections to accommodate traffic signals at this location. However, if these traffic signals were coordinated, traffic flow would be improved. A detailed analysis would be required. Ultimately, this substandard interchange needs to be improved to Caltrans’ current standards. Therefore, it is recommended that the City and/or Caltrans conduct a Project Study Report (PSR) for this interchange to determine future improvements. These future improvements may include consideration of roundabouts and/or re-aligning surface streets in addition to the recommendations made by OMNI-MEANS.

Based upon Caltrans’ Guide for Preparation of Traffic Impact Studies (June 2001), the equitable share responsibility was calculated during the PM peak hour period. Based upon the project’s contribution to the PM peak hour traffic growth at this intersection, the project’s “fair-share” of improvements at the intersection of Santa Rosa Road/West Front Road/US 101 SB On Ramp is projected to be 43.5% [259/(1,652-1,056)]. At the intersection of Santa Rosa Road/East Front Road/US 101 NB Ramps, the project’s “fair-share” of improvements is projected to be 31.4% [176/(2,011-1,451)]. With recommended improvements at these intersections, the AM and PM peak hour LOS are projected to operate acceptably.

B. Project Driveways: It is recommended, and was assumed during this analysis, that the Portola Avenue/Driveway #1 operate as “right-turn-only” intersections. This is a result of the close proximity to the Portola Avenue/West Front Road intersection. It is further recommended that acceleration and deceleration lanes be installed that comply with the City’s development standards. Based upon the forecasted traffic volumes at these locations, the acceleration and deceleration lanes should be a minimum of 50 feet for the eastbound right turn lane. For the West Front Road Driveway #2 and West Front Road/Driveway #3, the acceleration and deceleration lanes should also be a minimum of 50 feet.

C. Santa Rosa Road/El Camino Real Intersection: Provide for dual northbound left turning movements on El Camino Real to accommodate the forecasted increase in traffic volume at this intersection. Implementation of the proposed mitigation measure is forecasted to result in acceptable OS through Year 2025. Under Year 2025 Base plus Project Conditions, the project’s “fair share” of improvements at the intersection is projected to be 8.9% [93/2,947-2,235)].

Page 62: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

EXHIBIT B: Amended Master Plan of Development / Site Plan

Page 63: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

EXHIBIT B-2: Alternate Site Plan

Page 64: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

EXHIBIT C: Arborist Report

Page 65: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

EXHIBIT C: Arborist Report

Page 66: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

EXHIBIT C: Arborist Report

Page 67: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

EXHIBIT C: Arborist Report

Page 68: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

EXHIBIT C: Arborist Report

Page 69: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

EXHIBIT D: Tree Protection Plan (not a current site plan)

Page 70: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

EXHIBIT E: Amended Grading and Drainage Plan: Residential lots 1-18

Page 71: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

EXHIBIT F: Preliminary Grading and Drainage Plan from original project approval (portions superseded by Amended grading and drainage plan for residential lots 1-18)

Page 72: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

EXHIBIT G: Preliminary Landscape Plan from original Project approval; portions superseded by Amendment on residential lots 1-18, Commercial lot 2, and West Front/Cal Trans frontage landscaping

Page 73: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

EXHIBIT H: Amended Freeway Frontage Landscaping Plan

Page 74: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

EXHIBIT I: Amended Commercial Lot 2 Landscaping

Page 75: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

EXHIBIT J: Amended Residential Landscape Plan Lots 1-18 (LI) (See project plans for detailed vignettes of residential lots)

Page 76: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

EXHIBIT K: Lot 2 Commercial retail amended floor plan and elevations

Page 77: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

EXHIBIT L: Business Park Elevations

Page 78: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

EXHIBIT M: Retail Elevations

Page 79: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

EXHIBIT N: Hotel Elevations

Page 80: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

EXHIBIT O: Courtyard Homes Site Plans (includes 14 courtyard homes from original Master Plan of Development. Duplex units have been superseded with following Exhibit.

Page 81: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

EXHIBIT P: Amended Elevations (Front Elevations Plans A, B, C, D, E, F, G)

Page 82: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

EXHIBIT P: Amended Elevations (All sides: Plans A, B, C)

Page 83: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

EXHIBIT P: Amended Elevations (All sides: Plans D, E, F, G)

Page 84: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

EXHIBIT Q: Amended Residential Floor Plans (Plans A, B, C, D, E, F, G)

Page 85: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

EXHIBIT R: color board 1: Amended residential development colors

Page 86: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

EXHIBIT S: Color Boards 2: lot 3 Commercial (retail building and business park (Commercial lots 1 & 2 / retail & gas station building superseded by 2008 and 2009 amendments)

Page 87: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

EXHIBIT T: Color Boards 3: Hotel

Page 88: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

ATTACHMENT 5: Draft Resolution PC 2009-0007 Approval of Proposed Tentative Tract Map (Tract 2970) West Front Village

DRAFT RESOLUTION PC 2009-0007

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING

THAT THE CITY COUNCIL APPROVE TENTATIVE TRACT MAP PLN 2099-0997 (TRACT 2970), AN 18-LOT

SUBDIVISION CONSISTENT WITH MASTER PLAN OF DEVELOPMENT AMENDMENT (CUP 2003-0108 AMENDMENT)

ON APN 056-131-034 THROUGH 056-131-065, 022, 023 9002 WEST FRONT ROAD & 9000-9092 COROMAR CT.

(SHANNON / WEST FRONT VILLAGE, LLC)

WHEREAS, an application has been received from Richard Shannon (6755 El Camino Real, Atascadero, CA 93422) Applicant, and West Front Village, LLC (1301 Chorro Street, San Luis Obispo, CA 93401), Property Owner, to consider a project consisting of: a Zone Code Text Amendment to change the PD-23 (Planned Development #23) zoning text; a CUP (Condition Use Permit) Amendment to amend the Master Plan of Development over the project site; and a Tentative Tract Map to amend the lot lines of 18 of the existing residential lots at 9002 West Front Road & 9000-9092 Coromar Ct. (APN 056-131-034 through 056-131-065, 022, 023); and, WHEREAS, the site’s current General Plan Designation is Medium Density Residential (MDR) and General Commercial (GC); and, WHEREAS, the site’s current zoning district is RMF-10 (Residential Multi-family – 10) and Commercial retail (CR) with a Planned Development #23 Overlay (PD-23); and, WHEREAS, the Planning Commission has recommended a Zone Code Text Change to amend the requirements of Planned Development Overlay #23 (PD-23); and, WHEREAS, an Tentative Tract Map PLN 2099-0997 for Tract 2970 is in substantial conformance with Certified Mitigated Negative Declaration 2005-0165 prepared for the original project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and,

Page 89: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

WHEREAS, a timely and properly noticed Public Hearing upon the subject Tentative Tract Map 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 application; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on February 17, 2009, studied and considered the Tentative Tract Map (PLN 2099-0997) for Tract 2970, after first studying and considering Certified Mitigated Negative Declaration 2005-0165, and NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings of Approval for Tentative Tract Map, the Planning Commission of the City of Atascadero finds as follows:

1. The proposed map, as conditioned, is consistent with the General Plan and applicable zoning requirements, including all provisions of PD-23.

2. The proposed subdivision, as conditioned, is consistent with the proposed Master

Plan of Development Amendment (CUP 2003-0108 Amendment).

3. The site is physically suitable for the type of development proposed.

4. The site is physically suitable for the density of development proposed.

5. The design and improvement of the proposed subdivision will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat.

6. 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.

7. 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.

8. The proposed subdivision design and type of improvements proposed will not be

detrimental to the health, safety or welfare of the general public.

Page 90: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

SECTION 2. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on February 17, 2009, resolved to recommend that the City Council approve Tentative Tract Map (PLN 2099-0997) for Tract 2970 subject to the following:

1. Exhibit A: Tentative Tract Map (Tract 2970) PLN 2099-0997

2. Exhibit B: Conditions of Approval / Mitigation Monitoring Program.

BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by

the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Commissioner ________, and seconded by Commissioner _______ the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA ______________________________ Sandy Jack Planning Commission Chairperson Attest: ______________________________ Warren M. Frace Planning Commission Secretary

Page 91: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

Exhibit A: Tentative Tract Map 2009 (PLN 2099-0997) for Tract 2970

Page 92: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

Exhibit B: Conditions of Approval / Mitigation Monitoring Program

Conditions of Approval / Mitigation Monitoring Program

West Front Village Tentative Tract Map 2009 (PLN 2099-0997)

Tract 2970

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 AMWC: Water Comp.

Mitigation Measure

Planning Services

1. The approval of this Amended use permit shall become final and effective for the purposes of issuing building permits thirty (30) days following the City Council approval of ZCH 2009-0152 upon second reading, 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.

FM PS

2. Approval of this Tentative Tract 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.

FM

PS

3. The Community Development Department shall have the authority to approve minor changes to the project that (1) result in a superior site design or appearance, and/or (2) address a design issue that is not substantive to the Tentative Tract Map and that the Final Map is in substantial conformance with the Tentative Map.

FM

PS

4. The Tract Map shall be subject to additional fees for park or recreation purposes (QUIMBY Act) as required by City Ordinance.

FM

PS

5. The applicant shall record CC&R’s for the subdivision subject to the review and approval of the City Engineer, City Attorney and the Community Development Director. The CC&R’s shall also state that all exterior colors, exterior materials, yard fencing and site landscaping shall be consistent with the overall Master Plan of Development as adopted, and subject to the provisions set forth in condition 14 of this section.

FM

PS

6. The granting of this entitlement shall apply to the property located at APN 056-131-034 through 056-131-065, 022, 023 regardless of owner.

On going PS

7. The Final Map shall be 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.

FM PS

7-A. In the case that a joint access easement cannot be obtained from the parcel to the south, the map shall be redesigned consistent with Exhibit B-2 of the Master Plan of Development (CUP 2003-0108).

FM PS

Page 93: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

Conditions of Approval / Mitigation Monitoring Program

West Front Village Tentative Tract Map 2009 (PLN 2099-0997)

Tract 2970

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 AMWC: Water Comp.

Mitigation Measure

8. 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.

FM PS

9. Phasing Condition Phasing of the various uses on Lots 3-12 (Hotel and Business Park) are as follows:

1.0 Project owners agree to complete construction of the Hotel and the commercial retail building on lots 1 and 2 of Tract 2621 and obtain a Certificate of Occupancy for same, prior to obtaining a Certificate of Occupancy for any of the Residential units. 2.0 Once the hotel and the commercial retail building on lots 1 and 2 of Tract 2621 are 75% complete (framed and waterproofed) as determined by the Community Development Director and a signed contract with the hotel operator is provided to the City , the project owners have the option of obtaining a Performance Guarantee, acceptable to the City, to ensure the completion of the Hotel and Business Park. Should project owners choose to do so, the requirement for obtaining a Certificate of Occupancy in Section 1.0 for Hotel and Business Park shall be deemed satisfied. 3.0 Commercial Lot number 3 shall be marketed by project owners as a restaurant use for a period of not less than 2 years from opening and operation of the hotel. 4.0 The applicant shall implement the approved restaurant marketing plan from project approval through two years from the opening and operation of the project hotel. The applicant shall submit quarterly progress reports to the Community Development Director demonstrating due diligence in marketing the restaurant site for development. If a restaurant use is not secured by the applicant at the end of the marketing period, a final report shall be submitted to the Community Development Director documenting the final results of the marketing plan and requesting that retail use be permitted on the restaurant site. The Community Development Director shall make a final determination within two weeks of the applicant's request.

FM PS

10. Street names shall be determined prior to the recordation of the final map. All street names shall be reviewed and approved by the Community Development Department, Fire Department, and Police Department.

FM PS

11. All subsequent Tentative Tract Map and construction permits shall be consistent with the Master Plan of Development contained

FM PS, CE

Page 94: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

Conditions of Approval / Mitigation Monitoring Program

West Front Village Tentative Tract Map 2009 (PLN 2099-0997)

Tract 2970

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 AMWC: Water Comp.

Mitigation Measure

herein.

12. 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.

a) All Atascadero Police Department service costs to the project.

b) All Atascadero Fire Department service costs to the project.

c) Off-site common City of Atascadero park facilities maintenance service costs related to the project.

FM PS, CE

13. All tract maintenance costs listed below shall be 100% funded by the project in perpetuity. The service and maintenance cost shall be funded through either assessment districts or a Home Owners Association established by the developer and subject to City approval. The district or association must be in place prior to, or concurrently with acceptance of any final maps. The district or 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 as follows, shall be the responsibility of the district or association.

a) All streets, 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 common landscaping areas, street trees, medians, parkway planters, manufactured slopes outside private yards, and other similar facilities.

f) All frontage landscaping and sidewalks along arterial streets.

FM PS

Page 95: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

Conditions of Approval / Mitigation Monitoring Program

West Front Village Tentative Tract Map 2009 (PLN 2099-0997)

Tract 2970

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 AMWC: Water Comp.

Mitigation Measure

14. 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 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) 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

e) A plan identifying location of trash cans for pick upon trash day shall be approved by the Atascadero Waste Alternatives and included in the CC&R’s

FM PS, CE

15. Affordable Housing Requirement:

Project Site:

The applicant shall deed restrict a minimum of 6 residential units for 30 years, prior to or concurrently with the final map, as follows:

1 units at the very-low income rate,

2 units at the low-income rate,

3 units at the moderate income rate.

All units shall be distributed throughout the project, subject to staff approval.

Future 5-Lot subdivision:

The future subdivision of the site shall result in compliance with the most current City Council policy regarding affordable housing deed restriction or payment of in-lieu fees, prior to or concurrently with the final map.

GP/BP

PS, CA

16. Workforce Housing: Prior to recordation of final map, the applicant shall enter into a legal agreement with the City to reserve ½ of the units for sale to residents or workers within the City of Atascadero, including the affordable units. The agreement shall include the

GP/BP

PS, CA

Page 96: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

Conditions of Approval / Mitigation Monitoring Program

West Front Village Tentative Tract Map 2009 (PLN 2099-0997)

Tract 2970

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 AMWC: Water Comp.

Mitigation Measure

following provisions:

The units shall be offered for sale to residents or workers within the City of Atascadero for a minimum of 60-days. During this time period offers may only be accepted from Atascadero residents or workers;

The applicant shall provide reasonable proof to the City that at least one of the qualified buyers is a resident or worker within the City Limits of Atascadero;

The Atascadero resident or worker restriction shall apply to the initial sale only;

The applicant shall identify which units will be reserved; and

The City Attorney shall approve the final form of the agreement

17. All mitigation Measures listed in the certified Mitigated Negative Declaration prepared by Padre and Associates shall be implemented and adhered to.

BP PS

18. The 16-foot wide access easement for the driveway serving lots 40 through 45 shall be increased to 20-feet wide.

FM CE

19. A shared private access and parking easement shall blanket lots 1 through 13.

FM CE

20. A shared private access, parking, and solid waste/recycle enclosure access easement shall blanket lots 5 through 13.

FM CE

City Engineer Project Conditions

21. The project applicant may apply for a reimbursement map for off-site circulation improvements made to the Santa Rosa / US 101 interchange and frontage roads. The amount of reimbursement credit based on actual construction costs subject to the review and approval of the City Engineer and Administrative Services Director. The reimbursement area and reimbursement amounts shall be determined by an additional traffic study that demonstrates a nexus for all parcels included in the reimbursement area.

On going CE

22. Shared driveway approach to lots 11 through 18 to be modified to meet City Standard 423 for residential driveways (maximum 20’ wide). This standard may require two separate driveway approaches at this location.

GP, BP CE

Drainage:

Page 97: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

Conditions of Approval / Mitigation Monitoring Program

West Front Village Tentative Tract Map 2009 (PLN 2099-0997)

Tract 2970

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 AMWC: Water Comp.

Mitigation Measure

23. Submit calculations to support the design of any structures or pipes. Closed conduits shall be designed to convey the 10-year flow with gravity flow, the 25-year flow with head, and provide safe conveyance for the 100 year overflow.

GP, BP CE

24. Provide for the detention of the 50 year developed storm runoff, while metering out the 2 year undeveloped storm runoff.

GP, BP CE

25. Drainage basins shall be designed to desilt, detain and meter storm flows as well as release them to natural runoff locations.

GP, BP CE

26. The drainage basins shall be landscaped with native plantings.

GP, BP CE

27. A mechanism for funding and maintenance of the storm drain facilities shall be provided.

GP, BP CE

28. Show the method of dispersal at all pipe outlets. Include specifications for size & type.

GP, BP CE

29. Show method of conduct to approved off-site drainage facilities.

GP, BP CE

30. Concentrated drainage from off-site areas shall be conveyed across the project site in drainage easements. 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 exact historic path, rate and velocity as prior to the subdivision.

GP, BP CE

31. Applicant shall submit erosion control plans and a Storm Water Pollution Prevention Plan (SWPPP). The Regional Water Quality Control Board shall approve the SWPPP.

GP, BP CE

32. The Preliminary Grading and Drainage Plan details offsite grading to collect offsite storm water and pass it through the site. This grading must be approved by the offsite property owner in a recorded easement. If the easement can not be obtained all grading along the west property line must be keep onsite.

GP, BP CE

Traffic Mitigation:

GP, BP CE

33. A Traffic Impact Study was produced for this project by Omni-Means. In the study there are recommended mitigation measures. Listed below are conditions to implement the mitigation measures:

A. Santa Rosa Interchange

Install signals on the interchange at the intersection of the north and south bound ramp heads. Remove both 4 way stops.

GP, BP CE

Page 98: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

Conditions of Approval / Mitigation Monitoring Program

West Front Village Tentative Tract Map 2009 (PLN 2099-0997)

Tract 2970

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 AMWC: Water Comp.

Mitigation Measure

B. West Front Street/Santa Rosa Road Intersection Make this intersection right in and right out only with the construction of a median. This Improvement shall be reviewed by Caltrans Park and Ride Staff.

C. Old Santa Rosa Road/Santa Rosa Road Intersection Repave and stripe intersection and Old Santa Rosa Road to a Rural Local Road Standard (401).

D. Portola Ave Driveway (Gas Station)

This driveway will be right in and right out only. A physical barrier will be place to restrict this movement. These are improvements that are not identified as needed improvements in the City of Atascadero Circulation Element and the Growth Mitigation Program. Therefore, the growth mitigation fee does not cover the improvements.

Public Improvements:

GP, BP CE

34. West Front Street Frontage Improvements Improvements to include two (2) travel lanes, one (1) turn lane and a bike lane. An AC curb shall be constructed on the north-east side of West Front. Curb, gutter and sidewalk shall be constructed shall be constructed on the south-west side of West Front. No parking will be allowed on West Front Street. The existing south bound lane asphalt surface is failing. The road shall be repaired to correct this deficiency. This may be a reconstruction, grind and repave or resurfacing. The Project Improvement Plans shall address this condition to the approval of the City Engineer.

GP, BP CE

35. A. The project shall install a raised, left turn restriction median barrier in the southern most driveway. The barrier shall prevent both entering and exiting left turn movements. The City Engineer may waive this requirement through demonstration by a traffic engineer that left turn movements can be safely accommodated.

GP, BP CE

36. Portola Ave. Frontage Improvements Improvements to include two (2) travel lanes and a bike lane. Curb, gutter and sidewalk shall be constructed shall be constructed on the south side of Portola Ave.

GP, BP CE

37. All public improvements shall be constructed in conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer.

GP, BP CE

Page 99: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

Conditions of Approval / Mitigation Monitoring Program

West Front Village Tentative Tract Map 2009 (PLN 2099-0997)

Tract 2970

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 AMWC: Water Comp.

Mitigation Measure

38. A mechanism to provide for the funding and maintenance of lighting, street improvements, special paving surfaces, sewer, storm drain, common area landscape, open space, and hardscape shall be provided.

GP, BP CE

39. The on-site residential streets shall be improved consistent with the Tentative Tract Map. The streets shall be marked with “No Parking” signs within the cul-de-sac. All residential streets shall be improved to City Standards. The City Engineer shall approve any deviation from the standard curb and gutter.

GP, BP CE

40. All Utilities shall be underground on Portola Ave. and West Front Road and within the project.

GP, BP CE

Sewer

41. A mechanism must be provided to fund the maintenance and future replacement of all sewer mains throughout the project area. The developer shall establish a benefit maintenance assessment district, or similar funding mechanism, approved by the City, to provide sufficient funds, on an annual basis, to pay for the maintenance activities on the sewer mainline and related facilities within the project area.

GP, BP CE

42. Applicant shall pay sewer extension (Annexation), Connection and Reimbursement fees (if applicable) upon issuance of building permit.

GP, BP CE

43. 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.

GP, BP CE

44. Gravity mains within the subdivision shall be eight (8) inches in diameter.

GP, BP CE

45. 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.

GP, BP CE

STANDARD CONDITIONS:

46. Prior to final map recordation, the applicant shall provide a detailed cost analysis and breakdown of all maintenance required and the amount to be billed to each property annually.

GP, BP CE

Page 100: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

Conditions of Approval / Mitigation Monitoring Program

West Front Village Tentative Tract Map 2009 (PLN 2099-0997)

Tract 2970

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 AMWC: Water Comp.

Mitigation Measure

The analysis shall include scheduled maintenance including slurry seals, overlays, etc. The analysis shall include administrative fees.

47. The applicant shall enter a Subdivision Improvement Agreement

with the City of Atascadero prior to recording the final map.

GP, BP CE

48. In the event that the applicant is allowed to bond for the public improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council.

GP, BP CE

49. 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.

GP, BP CE

50. The Subdivision Improvement Agreement shall record concurrently with the Final Map.

GP, BP CE

51. The applicant shall enter into a Plan Check/Inspection agreement with the City.

GP, BP CE

52. A six (6) foot Public Utility Easement (PUE) shall be provided contiguous to the West Front Road and Portola Avenue property frontages.

GP, BP CE

53. The applicant shall acquire title interest in any off-site land that may be required to allow for the construction of the improvements. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress and egress is affected by these improvements.

GP, BP CE

54. Slope easements shall be obtained by the applicant as needed to accommodate cut or fill slopes.

GP, BP CE

55. Drainage easements shall be obtained by the applicant as needed to accommodate both public and private drainage facilities.

GP, BP CE

56. A preliminary subdivision guarantee shall be submitted for review in conjunction with the processing of the parcel map.

GP, BP CE

57. The final map shall be signed by the City Engineer prior to the map being placed on the agenda for City Council acceptance.

GP, BP CE

58. Prior to recording the parcel map, the applicant shall pay all outstanding plan check/inspection fees.

GP, BP CE

59. Prior to recording the map, the applicant shall complete all improvements required by these conditions of approval.

GP, BP CE

Page 101: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

Conditions of Approval / Mitigation Monitoring Program

West Front Village Tentative Tract Map 2009 (PLN 2099-0997)

Tract 2970

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 AMWC: Water Comp.

Mitigation Measure

60. Prior to recording the parcel map, the applicant shall set monuments at all new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the parcel map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced.

GP, BP CE

61. Prior to recording the parcel map, the applicant shall submit a map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance.

GP, BP CE

62. 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.

GP, BP CE

63. Prior to recording the parcel map, the applicant shall have the map reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company indicating their review of the map. The letter shall identify any new easements that may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the parcel map.

GP, BP CE

64. Prior to the issuance of building permits the applicant shall submit plans and supporting calculations/reports including street improvements, underground utilities, composite utilities, and grading/drainage plans prepared by a registered civil engineer for review and approval by the City Engineer.

GP, BP CE

Atascadero Mutual Water Company

65. Before the issuance of building permits, the applicant shall submit plans to AMWC for the water distribution facilities needed to serve the project. AMWC shall review and approve the plans before construction begins on the water system improvements. All water distribution facilities shall be constructed in conformance with AMWC Standards and Details and the California Waterworks Standards (Code of Regulations Title 22, Division 4, Chapter 16).

GP, BP CE

66. Before the start of construction on the water system improvements, the applicant shall pay all installation and connection fees required by AMWC. Subject to the approval of AMWC, the applicant may enter in to a “deferred connection” agreement.

GP, BP CE

Page 102: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

Conditions of Approval / Mitigation Monitoring Program

West Front Village Tentative Tract Map 2009 (PLN 2099-0997)

Tract 2970

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 AMWC: Water Comp.

Mitigation Measure

67. Before issuance of building permits, the applicant shall obtain a “Will Serve” letter from AMWC for the newly created lots within the subdivision.

GP, BP CE

68. The applicant shall bank the water meters serving Lots 14-25 keeping them within the Coromar Court right-of-way

GP, BP CE

69. Water mains and appurtenances not accepted for operation and maintenance by AMWC shall be isolated from the AMWC system with detector-type cross-connection control devices. All cross-connection devices shall conform to AWWA and California Department of Health Services standards.

GP, BP CE

70. The applicant shall provide AMWC with easements for those water mains and appurtenances proposed for operation and maintenance by AMWC that are constructed outside of publicly maintained right-of-ways. The minimum width of these easements shall be 20-feet or as directed by AMWC. AMWC shall review and approve the form and content of these easements before recordation. Water mains constructed within these easements shall not pass beneath, and shall maintain a minimum of five feet of clearance from, any structure, retaining wall, footing, or foundation.

GP, BP CE

71. The applicant shall relocate the existing 6-inch water line that crosses Lots 1-3 into the Portola Road and West Front Road rights-of-way.

GP, BP CE

72. The applicant shall submit a hydraulic analysis with the first plan check submittal of the water system improvements for the project. The analysis should take into account the fire flows required by the Uniform Fire Code and requirements of the California Waterworks Standards. The applicant is responsible for designing and constructing water system improvements that will provide water at pressures and flows adequate for the domestic and fire protection needs of the project.

GP, BP CE

73. The applicant shall obtain a separate landscape-irrigation meter(s) from AMWC for the common areas within the project.

GP, BP CE

Page 103: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

74. Before construction of the water system improvements, AMWC shall review and approve the irrigation plans for the common areas within the project. The irrigation plan submittal shall include the following:

a. Landscape irrigation meter location and size. b. Backflow prevention device type, location, and

manufacturer c. Flow and precipitation rate for each circuit d. Irrigation schedules including schedules for establishment

period and post establishment period e. Total anticipated water application per circuit per month

for both schedules f. Total landscape water application. g. Use drip irrigation where ever possible h. A check valve shall be installed on the lowest head in

each sprinkler circuit

GP, BP CE

Appendix A Mitigation Monitoring Program ZCH 2002-0088, CUP 2003-0108, TTM 2003-0035

West Front Villages

Timing

GP: Grading Permit BP: Building Permit TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy

Responsibility /Monitoring

PS: Planning Services BS: Building Services FD: Fire DepartmentPD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp.

Mitigation Measure

Mitigation Measure AES-1: The following landscape mitigations shall apply:

e) Landscaping of Caltrans ROW required;

f) Development shall be buffered with an informal landscape theme, meandering pathway, and compatible project fencing;

g) The project shall include landscaping of all common areas, including slopes, streetscapes, residential front yards, and street trees; and,

h) All on-site retention basins shall be designed, constructed, and maintained as jurisdictional wetlands while allowing the basins to function as engineered for storm water management.

BP PS, BS, CE AES-1

Mitigation Measure AES-2: The proposed homes shall include the use of earth-tone paint and roof colors designed to blend with the surrounding semi-rural environment and reduce the potential for reflected light and glare.

BP PS, BS, CE AES-2

Mitigation Measure AES-3: Only pedestrian pathway (bollard style) lighting is proposed. However, if exterior street lighting is proposed, it shall be limited to intersections only and designed to eliminate any off-site glare. All exterior site lights shall utilize full cut-off, “hooded” lighting fixtures to prevent offsite light spillage and glare. Any luminaire pole height shall not exceed 20-feet in height, limit intensity to 2.0 foot candles at ingress/egress, and otherwise 0.6 foot candle minimum to 1.0 maximum within the private street. Fixtures shall be shield cut-off type and compatible with neighborhood setting, subject to staff approval.

In addition, individual exterior home-owner lighting shall be restricted through CC&R’s and individual lot deed-restriction to prohibit high-intensity lighting in excess of one-foot candle, limited in fixture height to not exceed 10 feet, and utilize full cut-off, “hooded” lighting fixtures to prevent offsite light spillage and glare.

BP PS, BS, CE AES-3

Page 104: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

Conditions of Approval / Mitigation Monitoring Program

West Front Village Tentative Tract Map 2009 (PLN 2099-0997)

Tract 2970

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 AMWC: Water Comp.

Mitigation Measure

Mitigation Measure AES-4: To prevent impacts to visual resources associated with the Wilson Property, Mitigation Measure BIO-8 shall be implemented.

BP PS, BS, CE AES-4

Mitigation Measure AES-5: Two pylon and monument signs shall be constructed according to the City of Atascadero’s Sign Ordinance. In commercial and industrial zones, pylon-style freeway signs shall be built as prescribed by Section 9-15.005(a)i-ii, with an area of not more than one (1) square foot of sign per lineal foot of freeway oriented building up to 150 square feet (whichever is less) and up to fifty (50) feet in height for uses including gas stations, restaurants and lodging. Where principles uses are shopping, offices or industrial complexes, freeway oriented signs are allowed a maximum of one (1) square foot of sign per lineal foot of building frontage, not to exceed sixty (60) feet, whichever is less (section 9-15.005ii). For gas station canopies, a maximum of twenty (20) square-foot signs with logos and color banding on no more than two (2) sides are allowed (Section 9-15.005iii).

As per Section 9-15.005a(2), one (1) monument sign is allowed per 200 lineal feet of street frontage, not including street frontage adjacent to residential zones, up to sixty (60) square feet in size and up to ten (10) feet from the natural grade. Monument signs must be landscaped in a manner that incorporates the sign into the surroundings (section 9-15.004h).

BP, GP PS, BS, CE AES-5

Mitigation Measure AQ-1: During construction, the applicant shall implement the following standard construction equipment mitigation measures for reducing nitrogen oxide (NOx) and combustion emissions (diesel particulate matter) shall (see section 6.3.1 of the Air Quality Handbook):

d) Maintain all construction equipment in proper tune according to manufacturer’s specifications;

e) Fuel all off-road and portable diesel powered equipment with ARB certified motor vehicle diesel fuel (non-taxed version suitable for use off-road); and,

f) Maximize, to the extent feasible, the use of diesel construction equipment meeting ARB's 1996 and newer certification standard for off-road heavy-duty diesel engines.

BP, GP PS, BS, CE AQ-1

Mitigation Measure AQ-2: This measure focuses on reducing ozone formation from project-related ozone precursors, NOx and ROC. The primary source of these emissions would be ROC released during application of paint to the proposed residential and commercial structures. The rate of ozone formation is greatest during periods of clear weather, low winds and high temperatures. Based on air quality monitoring at the Atascadero station, peak hourly ozone levels occur from May through September. One of the following measures shall be implemented to prevent exceedances of the State 1-hour ozone standard:

e) Paint shall not be applied from May through September; OR

f) Paint emissions shall not exceed the 185 pound per day significance threshold (88 gallons per day based on 2.08 pounds

BP PS, BS, CE AQ-2

Page 105: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

Conditions of Approval / Mitigation Monitoring Program

West Front Village Tentative Tract Map 2009 (PLN 2099-0997)

Tract 2970

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 AMWC: Water Comp.

Mitigation Measure

VOC per gallon); AND

g) Paint emissions shall not exceed the 2.5 ton per quarter significance threshold (2,403 gallons per quarter based on 2.08 pounds VOC per gallon).

The use of pre-coated materials, or naturally colored materials and high transfer efficiency painting methods (e.g., HVLP, brush/roller, etc.) to the maximum extent feasible would reduce the amount of paint used and facilitate compliance with the thresholds.

Mitigation Measure AQ-3: Prior to the City issuing a Building Permit for the project, the applicant shall provide to the City project grading and buildings plans that contain the following required PM10 mitigation measures. In addition, the applicant shall designate a person or persons to monitor, during construction, the dust control program and to order increased watering, as necessary, to prevent transport of dust offsite. Their duties shall include holidays and weekend periods when work may not be in progress. The name and telephone number of such persons shall be provided to the APCD prior to land use clearance for map recordation and finished grading of the area.

l) Reduce the amount of the disturbed area where possible;

m) Use of 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 (nonpotable) water should be used whenever possible;

n) All dirt stock pile areas should be sprayed daily as needed;

o) Permanent dust control measures identified in the approved project revegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities;

p) Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading should be sown with a fast germinating native grass seed and watered until vegetation is established;

q) All disturbed soil areas not subject to revegetation should be stabilized using approved chemical soil binders, jute netting, or other methods approved in advance by the APCD;

r) All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used;

s) Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site;

t) All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer)

BP, GP PS, BS, CE AQ-3

Page 106: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

Conditions of Approval / Mitigation Monitoring Program

West Front Village Tentative Tract Map 2009 (PLN 2099-0997)

Tract 2970

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 AMWC: Water Comp.

Mitigation Measure

in accordance with CVC Section 23114;

u) Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment leaving the site; and,

v) Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible.

Mitigation Measure AQ-4: Prior to any grading activities at the site, the applicant shall ensure that a geologic evaluation is conducted to determine if naturally occurring asbestos (NOA) is present within the area that will be disturbed. If NOA is not present, an exemption request must be filed with the District. If NOA is found at the site, the applicant must comply with all requirements outlined in the Asbestos Air Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface Mining Operations. This may include development of an Asbestos Dust Mitigation Plan and an Asbestos Health and Safety Program for approval by the APCD.

GP PS, BS, CE AQ-4

Mitigation Measure AQ-5: The applicant shall only install APCD approved wood burning devices in the new dwelling units consistent with APCD Rule 504. These devices include:

f) All EPA-Certified Phase II wood burning devices;

g) Catalytic wood burning devices which emit less than or equal to 4.1 grams per hour of particulate matter which are not EPA-Certified but have been verified by a nationally-recognized testing lab;

h) Non-catalytic wood burning devices which emit less than or equal to 7.5 grams per hour of particulate matter which are not EPA-Certified but have been verified by a nationally-recognized testing lab;

i) Pellet-fueled woodheaters; and,

j) Dedicated gas-fired fireplaces.

BP PS, BS, CE, FD

AQ-5

Mitigation Measure AQ-6: The applicant shall comply with AB 3205 Requirements for Gasoline Dispensing Facilities. Prior to construction, the applicant shall provide information to the APCD indicating whether hazardous materials or certain equipment or processes will be used in or at the facility. Such uses may require a permit from the APCD and/or a Hazardous Materials Business Plan. The City of Atascadero will not issue a final certificate of occupancy until the applicant or future building occupant has complied with the provisions of the law. The law may also impose certain public noticing requirements for a facility that handles hazardous materials and is located within 1,000 feet of the outer boundary of a school (kindergarten through 12th grade).

BP PS, BS, CE AQ-6

Page 107: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

Conditions of Approval / Mitigation Monitoring Program

West Front Village Tentative Tract Map 2009 (PLN 2099-0997)

Tract 2970

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 AMWC: Water Comp.

Mitigation Measure

Mitigation Measure AQ-7: Prior to construction, the applicant shall obtain a Combined Authority to Construct/Operate, issued by the APCD and the San Luis Obispo County Environmental Health Service (EHS). As part of this, the District will run a health-based screening level risk assessment for the facility, following the California Air Pollution Control Officer's Association (CAPCOA) guidelines. Depending on the District's screening risk determination, the applicant may be subject to throughput limitations or may be required to submit a more refined Health Risk Assessment.

BP, GP PS, BS, CE AQ-7

Mitigation Measure AQ-8: Prior to the City issuing a Building Permit, the applicant shall incorporate the following into the project design:

v) Traffic calming modifications to project roads, such as narrower streets, speed platforms, bulb-outs and intersection modifications designed to reduce vehicle speeds, thus encouraging pedestrian and bicycle travel;

w) Easements or land dedications for bikeways and pedestrian walkways;

x) Continuous sidewalks separated from the roadway by landscaping and on-street parking. Adequate lighting for sidewalks must be provided, along with crosswalks at intersections;

y) If the project is located on an established transit route, improve public transit accessibility by providing transit turnouts with direct pedestrian access to the project;

z) Street shade tree planting;

aa) Outdoor electrical outlets to encourage the use of electric appliances and tools;

bb) On-site bicycle parking for multi-family residential developments;

cc) Cable to allow telecommuting, teleconferencing and telelearning to occur simultaneously in at least three locations throughout the home;

dd) Shade tree planting along southern exposures of buildings to reduce summer cooling needs;

ee) Roof material with a solar reflectance value meeting the EPA/DOE Energy Star® rating to reduce summer cooling needs;

ff) Building energy efficiency rating by 10% above what is required by Title 24 requirements. This can be accomplished in a number of ways (increasing attic, wall, or floor insulation, installing double pane windows, using high efficiency home heating, cooling, water heaters, and appliances, using efficient interior lighting etc.);

gg) Outdoor electrical outlets to encourage the use of electric appliances and tools;

hh) Walls and attic insulation beyond Title 24 requirements;

GP, BP PS, BS, CE AQ-8

Page 108: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

Conditions of Approval / Mitigation Monitoring Program

West Front Village Tentative Tract Map 2009 (PLN 2099-0997)

Tract 2970

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 AMWC: Water Comp.

Mitigation Measure

ii) High efficiency gas or solar water heaters;

jj) Built-in energy efficient appliances;

kk) Double-paned windows;

ll) Low energy street lights (i.e. sodium);

mm) Energy efficient interior lighting;

nn) Low energy traffic signals (i.e. light emitting diode);

oo) Door sweeps and weather stripping if more efficient doors and windows are not available; and,

pp) High efficiency or gas space heating.

Mitigation Measure BIO-1: Initial rough grading operations and vegetation removal shall be conducted prior to, or after, the typical migratory bird nesting season (March 1 – August 1) to avoid any potential impact to migratory bird nesting activity. Therefore, initial grading should be conducted between the months of August and February.

BP PS, BS, CE BIO-1

Mitigation Measure BIO-2: If Measure BIO-1 is infeasible, pre-construction surveys shall be conducted prior to any initial grading activity and vegetation removal to identify any potential bird nesting activity, and:

c) If any nest sites of bird species protected under the Migratory Bird Treaty Act are observed within the vicinity of the project site, then the project shall be modified and/or delayed as necessary to avoid direct take of the identified nests, eggs, and/or young; and,

d) If active nest sites of raptors and/or birds species of special concern are observed within the vicinity of the project site, then CDFG shall be contacted to establish the appropriate buffer around the nest site. Construction activities in the buffer zone shall be prohibited until the young have fledged the nest and achieved independence.

BP PS, BS, CE BIO-2

Mitigation Measure BIO-3: Prior to any earth disturbance, exclusionary fencing shall be erected at the boundaries of all construction areas to avoid equipment and human intrusion into adjacent habitats. The fencing shall remain in place and be maintained throughout construction.

BP PS, BS, CE BIO-3

Mitigation Measure BIO-4: Several measures are included within the Arborist Report prepared by A&T which outline methods of minimizing potential impacts to existing oak trees which would remain within the property at completion of the proposed project. These measures include following, as stated within the Arborist Report:

p) The proposed fencing shall be shown on the grading plan. It must be a minimum of 4’ high chain link, snow, or safety fence staked at the edge of the drip-line or line of encroachment for each tree or group of trees. The fence shall be up before any

BP PS, BS, CE BIO-4

Page 109: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

Conditions of Approval / Mitigation Monitoring Program

West Front Village Tentative Tract Map 2009 (PLN 2099-0997)

Tract 2970

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 AMWC: Water Comp.

Mitigation Measure

construction or earth moving begins. The fencing shall be placed at the edge of the drip-line or further as measured from the actual trees. The owner shall be responsible for maintaining an erect fence throughout the construction period. The arborist(s), upon notification, will inspect the fence placement once it is erected. After this time, fencing shall not be moved without arborist inspection/approval. If the orange plastic fencing is used, a minimum of four zip ties shall be used on each stake to secure the fence along with tie wire or other suitable material intertwined through the top.

q) 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 water jetting, adding organic matter, and boring small holes with an auger (18” deep, 2-3’ apart with a 2-4” auger) and the application of moderate amounts of nitrogen fertilizer. The arborist(s) shall advise.

r) All areas within the dripline 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.

s) All trenching within the drip-line of native trees shall be hand dug, augured or bored. Prior to any trenching, all utility paths under the drip lines shall be marked by the owner and subsequently air spade to expose all roots without damaging them. Conduit/piping shall then be placed over/under all roots greater than one inch in diameter. The trench can then be re-buried without the need to cut any large roots.

t) Grading should not encroach within the drip-line unless authorized. If grading is necessary, construction of retaining walls or tree wells or other protection measures may be necessary to insure the survivability of the trees. Chip mulch 4-6” in depth may also be required in these areas. 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.

u) 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.

v) Pervious surfacing is preferred within the drip-line of any oak tree. Permeable pavers shall be used for the sidewalk under the drip-line. Arborist(s) will advise.

w) Vehicles and all heavy equipment shall not be driven under the trees, as this will contribute to soil compaction. Also there is to be no parking of equipment or personal vehicles in these areas. All areas behind fencing are off-limits unless pre-approved by the arborist.

x) The existing ground surface within the drip-line of all oak trees shall not be cut, filled, compacted or paved, unless shown on the

Page 110: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

Conditions of Approval / Mitigation Monitoring Program

West Front Village Tentative Tract Map 2009 (PLN 2099-0997)

Tract 2970

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 AMWC: Water Comp.

Mitigation Measure

grading plans and approved by the arborist.

y) No liquid or solid construction waste shall be dumped on the ground within the drip-line of any oak tree.

z) An arborist shall be present for selected activities and pre-construction fence placement inspection. The monitoring does not necessarily have to be continuous, but observational at time during the above activities. It is the responsibility of the owner(s) or their designee to inform us prior to these events so A&T can make arrangements to be present. The following activities shall be monitored: 1) trenching within the drip-line; 2) curb footing excavation; and, 3) sidewalk grading.

aa) An on-site preconstruction meeting with the Arborist(s), Owner(s), Planning Staff, and the earth-moving team shall be required for this project. Prior to final occupancy, a letter from the arborist(s) shall be required verifying the health/condition of all impacted trees and providing any recommendations for any additional mitigation. The letter shall verify that the arborist(s) were on site for all grading and/or trenching activity that encroached into the drip-line of the selected native trees, and that all work done in these areas was completed to the standards set forth above.

bb) Class 4 pruning includes – Crown reduction pruning shall consist of reduction of tops, sides, or individual limbs. A trained arborist shall perform all pruning.

cc) All landscape under the drip-line shall be drought tolerant or native varieties. Lawns shall be avoided. All irrigation trenching shall be routed around critical root zones, otherwise above ground drip-irrigation shall be used.

dd) All utilities shall be placed down the roads and driveways and when possible outside of the drip-line. The arborist shall supervise trenching within the drip-line. All trenching in these areas shall be hand dug. As stated above in the trenching mitigation, all paths shall be marked by the owner and air spade prior to any digging.

Mitigation Measure BIO-5: The applicant shall develop and submit an oak tree replacement plan to the City of Atascadero to ensure that the project is in compliance with the City of Atascadero Native Tree Ordinance. As such, native trees removed during project implementation shall be replaced. For every 6” diameter at breast height (dbh) or greater of deciduous oak tree removed, two 5-gallon, locally grown native oaks of the same species shall be planted. For every 6” dbh of other native tree (as listed in City Ordinance Number 350) that is removed, one 5-gallon, locally grown tree of the same species shall be planted (Atascadero Native Tree Guidelines).

BP PS, BS, CE BIO-5

Mitigation Measure BIO-6: Upon project completion a final status report shall be prepared by the project arborist, and submitted to the City of Atascadero, certifying the project was in compliance with the mitigation measures included in the A&M arborist report and those measures which will be included within the proposed Oak Tree Replacement Plan, as described above.

BP PS, BS, CE BIO-6

Page 111: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

Conditions of Approval / Mitigation Monitoring Program

West Front Village Tentative Tract Map 2009 (PLN 2099-0997)

Tract 2970

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 AMWC: Water Comp.

Mitigation Measure

Mitigation Measure BIO-7: All existing native trees on the Wilson Property shall not be removed or significantly impacted as a result of project implementation.

GP PS, BS, CE BIO-7

Mitigation Measure BIO-8: The applicant shall ensure that the three wetland areas are designed, constructed and maintained in accordance with the requirements of the 404 Permit issued by the U.S. Army Corps of Engineers for the project.

BP,GP PS, BS, CE BIO-8

Mitigation Measures CUL-1. Because the Colony house is largely intact with few modern alterations and the cluster of structure and trees retains a setting of the organization, vies, and tranquility of the Frandsen and Wilson households and is regarded as an important part of the early history of Atascadero, an Historic Overlay Zone shall be required on the Wilson Property to protect it from any adverse impacts from the current and future projects. Any construction and/or subdivision on the site shall be consistent with the Secretary of Interior standards for rehabilitation of historic structures.

BP,GP PS, BS, CE CUL-1

Mitigation Measure CUL-2: Should any cultural resources be unearthed during site development work, the provisions of CEQA -Section 15064.5, will be followed to reduce impacts to a non-significant level.

BP,GP PS, BS, CE CUL-2

Mitigation Measure CUL-3: Any additional mitigation measures recommended by the project cultural resource consultant, resulting from completion of Phase II testing or from on-site monitoring of earth disturbance activities shall be forwarded to the City in the form of a mitigation monitoring program for site development, and shall be incorporated into the proposed project prior to project approval.

BP,GP PS, BS, CE CUL-3

Mitigation Measure GEO-1: The applicant will implement Mitigation Measure HWQ-1.

BP PS, BS, CE GEO-1

Mitigation Measure GEO-2: A soils report and geotechnical investigation shall be submitted as part of the building permit process. Any measures identified in this report shall be incorporated into the conditions of approval.

BP PS, BS, CE GEO-2

Mitigation Measure HAZ-1: Prior to grading activities at the 1-acre parcel of the former gasoline station, the applicant shall prepare a Contaminated Materials Management Plan (CMMP) to be implemented during excavation or grading activities. The CMMP shall include procedures for the proper and safe handling and disposal of petroleum hydrocarbon contaminated soils. Petroleum hydrocarbon-containing soil with Total Petroleum Hydrocarbon (TPH) concentrations in excess of 100 milligrams per kilogram shall not be used for backfill material on-site and shall be transported to a properly licensed landfill or recycling facility. The CMMP shall be submitted to the City and the County of San Luis Obispo Division of Environmental Health for review and approval prior to initiation of grading activities.

BP, GP PS, BS, CE HAZ-1

Page 112: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

Conditions of Approval / Mitigation Monitoring Program

West Front Village Tentative Tract Map 2009 (PLN 2099-0997)

Tract 2970

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 AMWC: Water Comp.

Mitigation Measure

Mitigation Measure HAZ-2: Mitigation Measure HAZ-2: No water wells will be constructed at the project site without the express written approval of the Regional Water Quality Control Board.

BP, GP PS, BS, CE HAZ-2

Mitigation Measure HAZ-3: The gas station shall be constructed and operated in accordance with current state UST specifications including double-walled tanks, piping and dispenser catch pans. The applicant shall obtain appropriate UST permits from the County Environmental Health Division, the local Certified Unified Program Agency (CUPA) for the proposed UST installations.

BP, GP PS, BS, CE HAZ-3

Mitigation Measure HWQ-1: The applicant will prepare and implement a Sediment and Erosion Control Plan (SECP) for the proposed project. The SECP will include:

f) Slope surface stabilization measures, such as temporary mulching, seeding, and other suitable stabilization measures to protect exposed erodible areas during construction, and installation of earthen or paved interceptors and diversion at the top of cut of fill slopes where there is a potential for erosive surface runoff;

g) Erosion and sedimentation control devices, such as energy absorbing structures or devices, will be used, as necessary, to reduce the velocity of runoff water to prevent polluting sedimentation discharges;

h) Installation of mechanical and/or vegetative final erosion control measures within 30 days after completion of grading;

i) Confining land clearing and grading operations to the period between April 15 and October 15 to avoid the rainy season; and,

j) Minimizing the land area disturbed and the period of exposure to the shortest feasible time.

Prior to construction, the applicant will develop a Storm Water Pollution Prevention Plan (SWPPP) and submit a Notice of Intent to comply with the NPDES “General Permit for Storm Water Discharge Associated with Construction Activity (99-08-DWQ). The SWPPP will include provisions for the installation and maintenance of Best Management Practices to reduce the potential for erosion of disturbed soils at the Project site.

BP, GP PS, BS, CE HWQ-1

Mitigation Measure HWQ-2: The developer is responsible for ensuring that all contractors are aware of all storm water quality measures and that such measures are

BP, GP PS, BS, CE HWQ-2

Page 113: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

Conditions of Approval / Mitigation Monitoring Program

West Front Village Tentative Tract Map 2009 (PLN 2099-0997)

Tract 2970

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 AMWC: Water Comp.

Mitigation Measure

implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop orders.

Mitigation Measure NOI-1: The applicant will construct acoustic sound walls to mitigate elevated noise levels to the residences. The noise barrier will extend in height (minimum of 6 feet) so that it breaks the line of sight between the noise sources and the receivers. The sound wall shall have a continuous structure and extend in a linear fashion parallel to the property line interface with the service station/retail facility and hotel and the residences (townhomes and single family residences) along this boundary. The location of the sound wall is shown in Figure 2-2. Aesthetics treatment, including landscaping of various shrubs, will be applied to the sound wall to mitigate visual concerns.

BP, GP PS, BS, CE NOI-1

Mitigation Measure NOI-2: All construction activities shall comply with the City of Atascadero Noise Ordinance for hours of operation, and as follows:

Construction activities shall be limited to the following hours of operation:

• 7 a.m. to 7 p.m. Monday through Friday

• 9 a.m. to 6 p.m. Saturday

• No construction on Sunday

Furthermore, particularly loud noises shall not occur before 8 a.m. on weekdays and not at all on weekends.

The hours of construction may be modified by the Community Development Director upon a determination that unusually loud construction activities are having a significant impact on the neighbors.

Failure to comply with the above-described hours of operation may result in withholding of inspections and possible construction prohibitions, subject to the review and approval of the Community Development Director.

A sign shall be posted on-site with the hours of operation and a telephone number of the person to be contacted in the event of any violations. The details of such a sign shall be approved by staff during the Grading Plan/Building Permit review process.

BP, GP PS, BS, CE NOI-2

Page 114: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

Conditions of Approval / Mitigation Monitoring Program

West Front Village Tentative Tract Map 2009 (PLN 2099-0997)

Tract 2970

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 AMWC: Water Comp.

Mitigation Measure

Mitigation Measure PUB-1: Applicant will pay all Development Impact Fees per City requirements. The emergency services and facility maintenance costs listed below shall be 100% funded by the project in perpetuity. The service and maintenance cost shall be funded through a community facilities district established by the developer subject to City approval. The funding mechanism must be in place prior to or concurrently with acceptance of any 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.

d) All Atascadero Police Department service costs to the project;

e) All Atascadero Fire Department service costs to the project; and,

f) Off-site common City of Atascadero park facilities maintenance service costs related to the project.

BP, GP PS, BS, CE PUB-1

Mitigation Measures TRA-1: The following mitigation measures have been identified and/or the equitable share has been calculated:

A. Santa Rosa Road/US 101 interchange: Install traffic signals and consider coordination with nearby and future traffic signals. As a result of cumulative traffic growth within the vicinity of this interchange and the existing substandard design of this tight diamond interchange, the existing all-way stop controlled intersections are forecasted to degrade to unacceptable LOS “F” conditions during the PM peak In addition, the projected traffic volumes during the PM peak hour period meet Caltrans’ Peak Hour Warrant 11 (Urban Areas) for both intersections.

A queuing analysis was performed along Santa Rosa Road between the two future signalized ramp heads. It was determined that there is not adequate space between the two ramp intersections to accommodate traffic signals at this location. However, if these traffic signals were coordinated, traffic flow would be improved. A detailed analysis would be required. Ultimately, this substandard interchange needs to be improved to Caltrans’ current standards. Therefore, it is recommended that the City and/or Caltrans conduct a Project Study Report (PSR) for this interchange to determine future improvements. These future improvements may include consideration of roundabouts and/or re-aligning surface streets in addition to the recommendations made by OMNI-MEANS.

Based upon Caltrans’ Guide for Preparation of Traffic Impact Studies (June 2001), the equitable share responsibility was calculated during the PM peak hour period. Based upon the project’s contribution to the PM peak hour traffic growth at this intersection, the project’s “fair-share” of improvements at the intersection of Santa Rosa Road/West Front Road/US 101 SB On Ramp is projected to be 43.5% [259/(1,652-1,056)]. At the intersection of Santa Rosa Road/East Front Road/US 101 NB Ramps, the project’s “fair-share” of improvements is projected to be 31.4% [176/(2,011-1,451)]. With recommended improvements at these intersections, the AM and PM peak hour LOS

BP, GP PS, BS, CE TRA-1

Page 115: Planning Commission Staff Report · 7. Existing Use: Holiday Inn and vacant land 8. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0165 Background

Conditions of Approval / Mitigation Monitoring Program

West Front Village Tentative Tract Map 2009 (PLN 2099-0997)

Tract 2970

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 AMWC: Water Comp.

Mitigation Measure

are projected to operate acceptably.

B. Project Driveways: It is recommended, and was assumed during this analysis, that the Portola Avenue/Driveway #1 operate as “right-turn-only” intersections. This is a result of the close proximity to the Portola Avenue/West Front Road intersection. It is further recommended that acceleration and deceleration lanes be installed that comply with the City’s development standards. Based upon the forecasted traffic volumes at these locations, the acceleration and deceleration lanes should be a minimum of 50 feet for the eastbound right turn lane. For the West Front Road Driveway #2 and West Front Road/Driveway #3, the acceleration and deceleration lanes should also be a minimum of 50 feet.

C. Santa Rosa Road/El Camino Real Intersection: Provide for dual northbound left turning movements on El Camino Real to accommodate the forecasted increase in traffic volume at this intersection. Implementation of the proposed mitigation measure is forecasted to result in acceptable OS through Year 2025. Under Year 2025 Base plus Project Conditions, the project’s “fair share” of improvements at the intersection is projected to be 8.9% [93/2,947-2,235)].

\\Cityhall\cdvlpmnt\- pre 06 PLNs (Old Planning Docs)\- GPA - General Plan Amendments\GPA 03\GPA 2003-0005 Shannon Portola-West Front\2009 amendment. residential & lot 2\West front 2009 amendment. PC-SR 2-17-09.doc