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HomeMy WebLinkAboutResolution 2022-002EXHIBIT A Conditions of Approval TRP21-0098 Century 21 Tree Removal; 5955 East Mall Timing FM; Final Map BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney 1. The approval of this application shall become final, subject to the completion of the conditions of approval, fourteen (14) days following the City Council approval unless prior to the time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. Tree Removal PS 2. The applicant and/or subsequent owners 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 proposed project. Ongoing PS 3. The applicant shall mitigate the tree removal by replanting on site. The applicant shall replant one (1) new 36-inch box size Coast Live Oak that is a minimum of 10-feet tall and has a minimum 4-in DBH along with supportive native shrubs. The existing stump shall be ground out to provide adequate area for planting the new tree. To improve tree survival, planting shall be done according to the planting detail in Exhibit B, and verified on site by the consulting arborist. Irrigation shall be provided to the new tree and native shrubs. Tree Removal PS 4. The new tree replanted on site shall be monitored by site inspections by the City during a four (4) year establishment period. The applicant shall replant if the original replacement tree does not survive. Ongoing PS 5. Additional landscape plantings, including native shrubs, ground cover and mulch shall be installed in the planter area of the removed tree to complete the frontage landscape and help the new oak tree thrive. Supplemental plant location and species shall be approved by the project arborist to ensure compatibility with the new Coast Live Oak tree. Tree Removal PS 6. Applicant is eligible to apply to the City for reimbursement of select expense as follows: a. Applicant shall pay for and perform all work as outlined in these conditions. b. To apply for reimbursement of select expenses, applicant shall submit request for reimbursement documentation including: • A written request to be reimbursed including the name, address and any required tax forms for the party to be reimbursed • The total expense incurred by the applicant for tree stump grinding, the replacement tree, and planting of the tree in accordance with these conditions; and • Copies on invoices, receipts and/or other proof of payment of the costs c. All costs must be reasonable and customary for the work performed d. The City shall reimburse the applicant for actual and documented amounts incurred by the owner over and above the normal City tree mitigation fee for a 55” dbh Coast Live Oak. e. In no instance will the City reimburse more than $3,500.00. Tree Removal PS EXHIBIT B