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HomeMy WebLinkAbout2008-006 RESOLUTION NO. 2008-006 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 2007-0208 (MASTER PLAN OF DEVELOPEMNT FOR 9-UNIT PD-7) ON APN 030-283-005, Lots 2 and 3 (Adamski, Moroski, Madden & Green, LLP/MLW Holdings, LLC) WHEREAS, an application has been received from Adamski, Moroski, Madden & Green, LLP, P.O. Box 3835, San Luis Obispo, CA 93403, (Applicant), and MLW Holdings, LLC, P.O. Box 604, Atascadero, CA 93423, (Property Owner) to consider a project consisting of a Zone Change from RMF-16 (Residential Multi-family-16) to RMF-16/ PD-7 (Residential Multi-Family-16 with a Planned Development Overlay-7) with corresponding Master Plan of Development and Tentative Tract Map on a 1.86-acre site located at 6905 Navajoa Avenue, (APN 030-283-005, Lots 2 and 3); and, WHEREAS, the Planning Commission has recommended that the site's Zoning District be changed from RMF-16 (Residential Multi-Family-16) to RMF-16 with PD-7 (Residential Multi-Family-16 with a Planned Development Overlay-7); and, WHEREAS, the Planned Development Overlay-7 requires the adoption of a Master Plan of Development, approved in the form of a Conditional Use Permit; and, �r. WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2007-0027 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, 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 Master Plan of Development; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on January 15, 2008 studied and considered the Conditional Use Permit 2007-0208 (Master Plan of Development for 9-unit PD-7), after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing held on February 26, 2008, studied and considered Conditional Use Permit 2007-0208 (Master a. City of Atascadero Resolution No. 2008-006 Page 2 of 32 Plan of Development for 9-unit PD-7), after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and, .rrr NOW, THEREFORE, the City Council of the City of Atascadero takes the following actions: SECTION 1. Findings for Approval of Conditional Use Permit. The City Council 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-7 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 wr 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. 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. Benefits derived from the Master Plan of Development and PD-7 Overlay Zone cannot be reasonably achieved through existing development standards or processing requirements; and, 8. The proposed project will not result in substantial detrimental effects on the enjoyment and use of adjoining properties; and, �r City of Atascadero Resolution No. 2008-006 Page 3 of 32 SECTION 2. Findings for Approval of Tree Removal. The City Council finds as follows: 1. The trees are obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from the Site Planner and determined by the Community Development Department based on the following factors: ■ Early consultation with the City; ■ Consideration of practical design alternatives; ■ Provision of cost comparisons (from applicant) for practical design alternatives; ■ If saving tree eliminates all reasonable uses of the property; or ■ If saving the tree requires the removal of more desirable trees. SECTION 3. Approval. The City Council of the City of Atascadero, in a regular session assembled on February 26, 2008 resolved to approve Conditional Use Permit 2007-0208 (Master Plan of Development for 9-unit PD-7) and Tree Removal Permit subject to the following: EXHIBIT A: Conditions of Approval/Mitigation Monitoring Program EXHIBIT B: Master Plan of Development EXHIBIT C: Floor Plan A/B/C EXHIBIT D: Floor Plan AB/C Elevations w/options EXHIBIT E: Floor Plan D EXHIBIT F: Floor Plan D Elevations EXHIBIT G: Color Boards and Site Plan Color Key EXHIBIT H: Preliminary Landscape Plan EXHIBIT I: Tree Protection Plan EXHIBIT J: Grading, Drainage and Utility Plans EXHIBIT K: Improvement Plans City of Atascadero Resolution No. 2008-006 Page 4 of 32 On motion by Council Member O'Malley and seconded by Council Member Clay, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: Council Members Clay, Luna and O'Malley NOES: Council Member Beraud and Mayor Brennler ABSENT: None ADOPTED: February 26, 2008 CITYj�7� SCADERO By i e Brennler, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS FORM: 111��— A� Brian Pierik, tity Attorney am City of Atascadero Resolution No. 2008-006 Page 5 of 32 EXHIBIT A:Conditions of Approval/Mitigation Monitoring Program arrr 9-unit Planned Development-7/CUP 2007-0157/ZCH 2007-0145/TTM 2007-0101 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP:Grading Permit PS:Planning Services BP:Building Pearn BS:Building Services Atascadero Avenue Triangle SIP:Subdivision FD:Fire Department Improvement Plans PD:Police Department 9-Lot Planned Development 7 FM:Final Map CE:City Engineer TO:Temporary WW:Wastewater � CUP 2007-0208/ZCH 2007-0145/TTM 2007-0101 poc, ncy Ca CityAnomey FI:Final inspection AMWC:Water Comp. F0:Final Occupancy Planning Services 1. The approval of this use permit shall become final and effective for the FM PS purposes of issuing building permits thirty(30)days following the City Council approval of ZCH 2007-140,ZCH 2007-0145 and ZCH 2007-0146 upon second reading,unless prior to that time,an appeal to the decision is filed as set forth in Section 9-1.111(b)of the Zoning Ordinance. 2. Approval of this Tentative Tract Map and Conditional Use Permit shall be FM PS 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. 3. The Community Development Department shall have the authority to approve FM PS rrr 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. 4. The granting of this entitlement shall apply to the property located at (APN On going PS 030-283-005) regardless of owner. 5. The Final Map shall be drawn in substantial conformance with the approved FM PS 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. 6. The subdivider shall defend, indemnify, and hold harmless the City of FM PS 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. 7. The Tract Map shall be subject to additional fees for park or recreation FM PS purposes(QUIMBY Act)as required by City Ordinance. 8. The emergency services and facility maintenance costs listed below shall BP PS 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 rr Engineer and Administrative Services Director prior to acceptance of any final map. The administration of the above mentioned funds shall be b City of Atascadero Resolution No. 2008-006 Page 6 of 32 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure ON/ GP:Grading Perm t PS:Planning Services BP:Building Permit BS:Building Services Atascadero Avenue Triangle SIP:Subdivision FD:Fire Department Improvement Plans PD:Police Department 9-Lot Planned Development 7 FM:Final Map CE:City Engineer TO:Temporary WW Wastewater CUP 2007-0208/ZCH 2007-0145/TTM 2007-0101 Occupancy CACilyAllomey FI:Final inspection AMWC:Water Comp. F0:Final Occupancy the City. Developer agrees to participate in the community facilities district and to take all steps reasonably required by the City with regard to the establishment of the district and assessment of the property. ■ All Atascadero Police Department service costs to the project. ■ All Atascadero Fire Department service costs to the project. ■ Off-site common City of Atascadero park facilities maintenance service costs related to the project. 9. All tract maintenance costs listed below shall be 100%funded by the project BP PS in perpetuity. ■ All streets, bridges, sidewalks, streetlights, street signs, roads, emergency access roads, emergency access gates, and sewer mains within the project. ■ All parks,trails, recreational facilities and like facilities. ■ All open space and native tree preservation areas. too 0 All drainage facilities and detention basins. ■ All creeks, flood plains, floodways, wetlands, and riparian habitat areas. ■ All common landscaping areas, street trees, medians, parkway planters, manufactured slopes outside private yards, and other similar facilities. ■ All frontage landscaping and sidewalks along arterial streets 10. The private open space feature at the corner of Atascadero Avenue and San Ongoing PS Andres shall be maintained by the property owner. All landscape shall be maintained in good condition and the site shall be kept free of litter and graffiti. 11. The developments approved with CUP 2007-0208 and CUP 2007-0219 shall BP/GP PS/PW be developed together as one Master Plan of Development at as required by the General Plan. 12. Prior to final map, the applicant shall submit CC&Rs for review and approval BP PS by the Community Development Department. The CC&R's shall record with the Final Map and shall include the following: 1. Provisions for maintenance of all common areas including access, parking,street trees,fencing and landscaping in perpetuity. 2. Fencing design and locations 3. A detailed list of each individual homeowner's res onsibilities for City of Atascadero Resolution No. 2008-006 Page 7 of 32 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure ii11Y11 GP:Grading Pant PS:Planning Services BP:Building Permit BS:Building Services Atascadero Avenue Triangle SIP:Subdivision FD:Fire Department Improvement Plans PD:Police Department 9-Lot Planned Development 7 FM:Final Map CE:CiyEngineer TO:Temporary WW:Wastewater CUP 2007-0208/ZCH 2007-0145/TTM 2007-0101 Occupancy CnciyAnomey FI:Final inspection AMWC:Water Comp. F0:Final Occupancy maintenance of the individual units. 4. Residents shall keep all trash receptacles within the unit's designated trash storage area. 5. Garages shall be maintained and used for vehicle parking. 6. No boats, RV's or other type of recreation vehicle may occupy a guest or resident parking space, including within an individual garage. 7. 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. 13. Affordable Housing Requirement: As a General Plan required Master GP/BP PS,CA Planned site(Master Plan of Development Overlay#12),the Affordable Housing requirement shall apply to the 11 units approved for the subject sites with ZCH 2007-0145 and ZCH 2007-0146. strr The applicant shall deed restrict a minimum of 1 residential unit for 30 years, at the moderate income rate. 14. Workforce Housing: Prior to recordation of final map,the applicant shall enter BP PS,CE into a legal agreement with the City to reserve 1/2 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 The City Attorney shall approve the final form of the agreement. 15. Approval of this permit shall include the removal of 8 Native Black Walnuts, BP PS,BS totaling 310 inches dbh.The applicant shall be required to pay mitigation fees or provide replantings on-site per the requirements of the Atascadero Native Tree Ordinance. Any additional removals shall be subject to Planning Commission approval. 16. The applicant shall work with staff to enhance the side elevation on Lot 8 BP PS '�' facing Navajoa Ave,. The elevation shall include larger windows and added City of Atascadero Resolution No. 2008-006 Page 8 of 32 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure rr� GP:Grading Pernit PS:Planning Services BP:Building Pernit BS:Building Services Atascadero Avenue Triangle SIP:SubdivisionFD:FireDepadnent Improvement Plans PD:Police Department 9-Lot Planned Development 7 FM:Final Map CE:City Engineer TO:Temporary WW:Wastewater CUP 2007-0208/ZCH 2007-0145/TTM 2007-0101 Occupancy Cn City Attorney FI:Final inspection AtvMWC:Water Camp. F0:Final Occupancy architectural detailing, consistent with the front elevation. Additional landscaping, including trees and tall shrubs shall be added to the side setback on this lot. Fencing may not be located in the side setback next to Navajoa Ave. 17. The columns on the wrap around porch on floor plan D (shown in Exhibits E BP PS and F)shall be a minimum size of 6"by 6"square. Railings shall be added to the wrap around porch. 18. All exterior elevations,finish materials and colors shall be consistent with the BP PS Master Plan of Development as shown in EXHIBIT D and F with the following modifications: ■ All exterior material finishes(siding,trim,doors,windows,light fixtures, garage doors)shall be durable,high quality,and consistent with the architectural appearance. ■ Stucco siding shall be smooth troweled or light sand finish. • Roofs shall be architectural grade dimensional shingles. 19. Building colors shall be consistent with Exhibit G with the following GP/BP PS modification: ■ The color"clay urn"identified in color scheme#1 shall be replaced with a more muted color,consistent with the surrounding residences and color schemes 2 through 5. Final selection of colors and materials shall be subject to staff approval. 20. Garage doors shall be high quality,wood or carriage style doors. BP PS 21. All site development shall comply with the standards of the Planned BP PS,BS Development 7 Overlay District. 22. All site work,grading,and site improvements shall be consistent with the BP/FM PS,BS,CE Master Plan of Development as shown in EXHIBIT B. 23. All project fencing shall be installed consistent throughout the project,and GP/BP PS located as shown in the approved Landscape Plan,subject to the following modifications: ■ Fencing material and treatment shall comply with the PD-7 standards. ■ Final fence location shall be subject to staff approval. ■ Fencing within the front and corner lot setbacks shall be under 3 feet tall. drrr City of Atascadero Resolution No. 2008-006 Page 9 of 32 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP:Grading Permit PS:Planning Services BP:Building Pernrt BS:Building Services Atascadero Avenue Triangle SIP:Subdivision FD:Fire Department Improvement Plans PD:Police Department 9-Lot Planned Development 7 FM:Final Map CE:City Engineer TO:Temporary WW:Wastewater CUP 2007-02081ZCH 2007-0145/TTM 2007-0101 Occupancy CA CityFWomey FI:Final inspection AMWC:Waler Comp. F0:Final Oocuparwy 24. A final landscape and irrigation plan shall be approved prior to the issuance of BP PS building permits and included as part of site improvement plan consistent with EXHIBIT J,and as follows: ■ All exterior meters,air conditioning units and mechanical equipment shall be screened with landscape material. ■ All areas shown on the landscape plan shall be landscaped by the developer prior to the final of any single building permit on-site. ■ Final tree list shall be submitted with building permits,subject to staff approval. ■ Street and open space trees shall be minimum 15-gallon size and double staked. ■ Front yard areas shall be landscaped with drought tolerant species, subject to staff approval. 25. The wall/fence around the private park on Lot 1 shall be allowed to be built at BP PS van a maximum height of 5 feet at the tallest point. 26. The commemorative tile on the'commemorative wall"around he private park BP PS on Lot 1 shall be subject to staff approval City Engineer Project Conditions 1. The applicant shall install curb, gutter and sidewalk along all property BP CE frontages.All road frontages will be widened be City Standard. 2. This project is required to retain the difference between the undeveloped GP,BP CE 2 year storm run off and the developed 50 year storm runoff to mitigate the increase runoff into the storm drain system. The project will use individual drainage basin on each lot to handle the increased flow. The basin will be underground "infiltrator' basins. Deep pit basins are not allowed. When the basin becomes full, they will overflow into the new curb and gutter through small drain pipe under the side walk. 3. The project engineer shall investigate the feasibility of installing 4 way GP, BP CE stop control on Navajoa at San Andres Ave and Atascadero Ave.The engineer shall present a schematic layout of a 4 way stop and produce a warrant analysis in accordance with the Manual on Uniform Traffic Control Devices.The City Engineer shall decide if the 4 way stops shall be installed based on the information submitted. Improvement cost required by the warrant analysis shall be the responsibility of the City of Atascadero. City Engineer Standard Conditions ar City of Atascadero Resolution No. 2008-006 Page 10 of 32 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure i GP:Grading Poring PS:Planning Services BP:Building Pemit BS:Building Services Atascadero Avenue Triangle SIP:Subdivision FD:Fire Department Inprovement Plans PD:Police Department 9-Lot Planned Development 7 FM:Final Map CE:City Engineer TO:Temporary WW:Wastewater CUP 2007-0208/ZCH 2007-0145/TTM 2007-0101 Occupancy CA City Attorney FI:Final inspection AMWC:Water Comp. F0:Final Occupancy 4. In the event that the applicant bonds for the public improvements required GP, BP CE as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 5. An engineer's estimate of probable cost shall be submitted for review and GP,BP CE approval by the City Engineer to determine the amount of the bond. 6. The Subdivision Improvement Agreement shall record concurrently with FM CE the Final Map. 7. A six(6)foot Public Utility Easement(PUE)shall be provided contiguous GP, BP CE to the property frontage. 8. The applicant shall acquire title interest in any off-site land that may be GP, BP CE 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. 9. Slope easements shall be obtained by the applicant as needed to GP, BP CE accommodate cut or fill slopes. 10. Drainage easements shall be obtained by the applicant as needed to GP, BP CE accommodate both public and private drainage facilities. 11. A preliminary subdivision guarantee shall be submitted for review in FM CE conjunction with the processing of the tract map. 12. The final map shall be signed by the City Engineer prior to the map being FM CE placed on the agenda for City Council acceptance. 13. Prior to recording the tract map, the applicant shall pay all outstanding FM CE plan checklinspection fees. 14. Prior to recording the map, the applicant shall bond for or complete all FM CE improvements required by these conditions of approval. 15. Prior to recording the tract map, the applicant shall submit a copy of a FM CE valid tax bond. 16. Prior to recording the tract map, the applicant shall bond for or set FM CE monuments at all new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the tract 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. itrrr City of Atascadero Resolution No. 2008-006 Page 11 of 32 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure it11ti1 GP:Grading Permit PS:Planning Services BP:Building Permit BS:Building Services Atascadero Avenue Triangle SIP:Subdivision FD:Fire Department Improvement Plans PD:Police Department 9-Lot Planned Development 7 FM:Final Map CE:Ciy Engineer TO:Temporary WW:Wastewater CUP 2007-0208/ZCH 2007-0145/TTM 2007-0101 Occupancy CACity Attorney FI:Final inspection AIviWC:Water Comp. F0:Final Occupar cy 17. Prior to recording the tract map, the applicant shall submit a map drawn FM CE 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. 18. All existing and proposed utility,pipeline,open space,or other easements FM CE are to be shown on the final map. If there are building or other restrictions related to the easements, they shall be noted on the final map. The applicant shall show all access restrictions on the final map. 19. Prior to recording the tract map, the applicant shall have the map FM CE 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 tract map. 20. Prior to the issuance of building permits the applicant shall submit plans GP, BP CE rrrr 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. 21. Prior to the issuance of building permits the applicant shall submit GP, BP CE 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. 22. Prior to the issuance of building permits the applicant shall provide for the GP, BP CE detention and metering out of developed storm runoff so that it is equal to or less than undeveloped storm runoff. 23. Drainage basins shall be designed to desilt,detain and meter storm flows GP,BP CE as well as release them to natural runoff locations. 24. A mechanism for funding and maintenance of the storm drain facilities GP,BP CE shall be provided. 25. Prior to the issuance of building permits the applicant shall show the GP,BP CE method of dispersal at all pipe outlets. Include specifications for size & type. 26. Prior to the issuance of building permits the applicant shall show method GP, BP CE of conduct to approved off-site drainage facilities. err City of Atascadero Resolution No. 2008-006 Page 12 of 32 Conditions of Approval I Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure t GP:Grading Permit PS:Planning Services BP:Building Permit BS:Building Services Atascadero Avenue Triangle SIP:SubdN'sion FD:Fire Department Improvement Plans PD:Police Department 9-Lot Planned Development 7 FM:Final Map CE:City Engineer TO:Temporary WW Wastewater CUP 2007-0208/ZCH 2007-0145/TTM 2007-0101 Occupancy CACity Attomey FI:Final inspection AMWC:Water Comp. F0:Final Occupancy 27. Concentrated drainage from off-site areas shall be conveyed across the GP,BP CE 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. 28. Applicant shall submit erosion control plans and a Storm Water Pollution GP, BP CE Prevention Plan (SWPPP). The Regional Water Quality Control Board shall approve the SWPPP. 29. All public improvements shall be constructed in conformance with the City GP, BP CE of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer 30. Off-site streets shall be improved consistent with the tentative tract map. GP,BP CE 31. Project shall include construction of curb,gutter and sidewalk along entire GP, BP CE frontage. �trrr 32. Alignment of frontage improvements shall be approved by the City GP, BP CE Engineer. 33. All utilities shall be undergrounded on project frontage GP, BP CE 34. Applicant shall pay sewer extension (Annexation), Connection and BP CE Reimbursement fees(if applicable)upon issuance of building permit. 35. Drainage piping serving fixtures which have flood level rims located below BP CE 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. Mitigation Measures Mitigation Measure 3.b.1: The project shall be conditioned to comply with all BP BS/PS 3.b.1 applicable District regulations pertaining to the control of fugitive dust(PM-10) as contained in sections 6.3,6.4 and 6.5 of the April 2003 Air Quality Handbook. Section 6.3: Construction Equipment • Maintain all construction equipment in proper tune according to manufacturer's specifications. • Fuel all off-road and portable diesel powered equipment, including but not limited to bulldozers,graders,cranes, loaders,scrapers, backhoes, generator sets,compressors,auxiliary power units,with ARB certified motor vehicle diesel fuel(Non-taxed version suitable for use off-road). Maximize to the extent feasible,the use of diesel construction City of Atascadero Resolution No. 2008-006 Page 13 of 32 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure 'llr/ GP:Grading Permit PS:Planning Services BP:Building Permit BS:Building Services Atascadero Avenue Triangle SIP:Subdivision FD:Fire Department Improvement Plans PD:Police Department 9-Lot Planned Development 7 FM:Final Map CE:Cily Engineer TO:Temporary WW:Wastewater CUP 2007-0208/ZCH 2007-0145/TTM 2007-0101 Occupancy CA,CityAtlomey FI:Final inspection AMWC:Water Comp. FO:Final Occupancy equipment meeting the ARB's 1996 or newer certification standard for off-road heavy-duty diesel engines. Section 6.4: Activity Management Techniques • Develop a comprehensive construction activity management plan designed to minimize the amount of large construction equipment operating during any given time period. • Schedule of construction truck trips during non-peak hours to reduce peak hour emissions. • Limit the length of the construction workday period, if necessary. • Phase construction activities, if appropriate. Section 6.5: Fugitive PM10 All of the following measures shall be included on grading,demolition and building plan notes: 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(non-potable) water should be used whenever possible. C. All dirt stockpile areas should be sprayed daily as needed. D. Permanent dust control measures identified in the approved project re- vegetation 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 re-vegetation should be stabilized using approved chemical soil binder,jute netting, or other methods approved in advance by the APCD. G. All roadways,driveways,sidewalks, etc,to be paved should be complete 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. 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. L. The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering,as necessary,to prevent transport of dust off site. The name and telephone number of such persons shall be provided to the APCD prior to land use clearance for map r.nr recordation and land use clearance for finish grading of any structure. City of Atascadero Resolution No. 2008-006 Page 14 of 32 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP:Grading Permit PS:Planning Services BP:Building Permit BS:Building Services Atascadero Avenue Triangle SIP:Subdivision FD:Fire Department Improvement Plans PD:Police Department 9-Lot Planned Development 7 FM:Final Map CE:City Engineer TO:Tenporary WW:Wastewater CUP 2007-0208/ZCH 2007-0145/TTM 2007-0101 Occupancy CA CityAtomey FI:Final inspection AMWC:Water Oomp. F0:Final Occupancy Mitigation Measure 3.b.2: The project shall be conditioned to comply with all BP BS/PS 3.b.2 applicable APCD regulations pertaining to Naturally Occurring Asbestos. Prior to any grading activities at the site,the project proponent shall ensure that a geologic evaluation is conducted to determine if NOA is present within the area that will be disturbed. If NOA is not present,an exemption request must be filed with the District(see Attachment 1). If NOA is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM. This may include development of an Asbestos Dust Mitigation Plan and an Asbestos Health and Safety Program for approval by the APCD. Refer to the APCD web page at http://www.slocleanair.org/business/asbestos.asp for more information or contact Tim Fuhs of the Enforcement Division at 781-5912. Mitigation Measure 3.b.3: Developmental burning of vegetative material is BP BS/PS 3.b.3 prohibited. Under certain circumstances where no technically feasible alternatives are available, limited developmental burning under restrictions may be allowed. This requires prior application, payment of fee based on the size of the project,APCD approval,and issuance of a burn permit by the APCD and the local fire department authority. The applicant is required to furnish the APCD with the study of technical feasibility(which includes costs and other constraints)at the time of application. For any questions regarding these requirements,contact Karen Brooks of the Enforcement Division at 781-5912. Mitigation Measure 3.b.4: Under APCD Rule 504,only APCD approved wood BP BS/PS 3.b.4 burning devices can be installed in new dwelling units. These devices include: • All EPA-Certified Phase II wood burning devices; • 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; • 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; • Pellet-fueled woodheaters;and • Dedicated gas-fired fireplaces. Questions about approved wood burning devices,should be refered to Tim Fuhs in the Enforcement Division at 781-5912. Mitigation Measure 4.e.1: The developer shall contract with a certified arborist BP BS/PS 4.e.1 during all phases of project implementation. The certified arborists shall be responsible for monitoring the project during all phases of construction through project completion,as follows: (a) A written agreement between the arborist and the developer outlining a arborist monitoring schedule for each construction phase through final inspection shall be submitted to and approved by planning staff prior to the issuance of building/grading permits. trrr b Arborist shall schedule a re-construction meeting with engineering City of Atascadero Resolution No. 2008-006 Page 15 of 32 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP:Grading Permit PS:Planning Services BP:Building Permit BS:Building Services Atascadero Avenue Triangle SIP:Subdivision FD:Fire Department Improvement Plans PD:Police Department 9-Lot Planned Development 7 FM:Final Map CE:City Engineer TO:Temporary WW:Wastewater CUP 2007-0208/ZCH 2007-0145/TTM 2007-0101 Occupancy CaCilyAttorney FI:Final inspection AMWC:Water Comp. F0:Final Occupancy /planning staff,grading equipment operators, project superintendent to review the project conditions and requirements prior to any grubbing or earth work for any portion of the project site. All tree protection fencing and trunk protection shall be installed for inspection during the meeting. Tree protection fencing shall be installed at the line of encroachment into the tree's root zone area. (c) As specified by the arborist report and City staff: ■ Prune all trees in active development areas to be saved for structural strength and crown cleaning by a licensed and certified arborist; ■ Remove all debris and spoils from the lot cleaning and tree pruning. ■ In locations where paving is to occur within the tree canopy,grub only and do not grade nor compact. Install porous pavers over a three-inch bed of 3/4 inch granite covered with one-inch pea gravel for screeding. If curbs are required, use pegged curbs to secure the porous pavers. Pegged curbs are reinforced six to eight curbs poured at grade with a one-foot by one-foot pothole every four to six linear feet. ■ All trenching or grading within the protected root zone area,outside of the tree protection fence shall require hand trenching or preserve and protect roots that are larger than 2 inches in diameter. ■ No grading or trenching is allowed within the fenced protected area. ■ Any roots that are 4 inches in diameter or larger are not to be cut until inspected and approved by the on-site arborist. (d) Upon project completion and prior to final occupancy a final status report shall be prepared by the project arborist certifying that the tree protection plan was implemented, the trees designated for protection were protected during construction, and the construction-related tree protection measures are no longer required for tree protection. Mitigation Measure 4.e.2: BP BS/PS 4.e.2 1. All existing trees outside of the limits of work shall remain. 2. Earthwork shall not exceed the limits of the project area. 3. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 4. Vehicles and stockpiled material shall be stored outside the drip line of all trees. 5. All trees within twenty feet of construction work shall be fenced for protection with 4-foot chain link,snow or safety fencing placed per the approved tree protection plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing shall remain in place until completion of all construction activities. 6. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. 7. Utilities such as water,gas, power,cable,storm drainage,and sewer should be redirected from under the canopy of any trees that are to remain. 8. Where a building is placed within the canopy of a tree the foundation should be redesigned so that it bridges across any root systems. 9. Any foundation or other structure that encroaches within the drip line of trees to be saved shall be dug by hand. '®'r 10. At no time shall tree roots be ripped with construction equipment. City of Atascadero Resolution No. 2008-006 Page 16 of 32 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure VMD GP:Grading Permit PS:Planning Services BP:Building Permit BS:Building Services Atascadero Avenue Triangle SIP:SubdlJsbn FD:Fire Department Improvement Plans PD:Police Department 9-Lot Planned Development 7 FM:Final Map CE:City Engineer TO:Ternporary WW Wastewater CUP 2007-0208/ZCH 2007-0145/TTM 2007-0101 Occupancy Ca City Attorney FI:Final inspection AMWC:Water Cone. F0:Final Occupancy Mitigation 5.d.1: Should any human remains be discovered on the property,all Ongoing PS 5.d.1 work on the project should stop and the County Coroner contacted. If the human remains are identified as being Native American,the California Native American Heritage Commission (NAHC)should be contacted at(916)653- 4082. Mitigation Measure 6.b.1: All cut and fill slopes shall be hydro seeded with an BP BS/PS 6.b.1 appropriate erosion control method (erosion control blanket, hydro-mulch,or straw mulch appropriately anchored)immediately after completion of earthwork between the months of October 15 through April 15. All hydroseed mix shall be native species. All disturbed slopes shall have appropriate erosion control methods in place. Duration of the project: The contractor will be responsible for the clean up of any mud or debris that is tracked onto public streets by construction vehicles. Mitigation Measure 8.e.f.1: The developer is responsible for ensuring that all BP BS/PS 8.e.f.1 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. .Irr Mitigation Measure 11.d.1: All construction activities shall comply with the City BP BS/PS 11.d.1 of Atascadero Noise Ordinance for hours of operation. am City of Atascadero Resolution No. 2008-006 Page 17 of 32 EXHIBIT B:Master Plan of Development/Site Plan +lrr T _ _. ,.M.. 3nN3AV s3aaNv 17 OD 10 � 1 \,,. v hof,, un f N• g '4,x,,,5 ``� ����� I?� 1 � S� f I•itE};�7SI <(l OW,oil, r 1 1 0 , a f r LJ I ' W \ 11 LL ¢' � oz 4. i', a J � �;, I .,r'I I1 x,1111 a le 6� � �Q1.: 61�i46t= [1� l� 6d : r '���f� `�`yti\�o ➢Ma( � Ali �E_ 1df I <. 5A Cn ...�-...-.re-..rte.-a.....-. City of Atascadero Resolution No. 2008-006 Page 18 of 32 EXHIBIT C: Floor Plan AIB/C rrr ,al� A X 8 ............. M.BDRM MNG ....... .... `x 177 ----------- Rl� GARAGE DINING "-7 ENTRY j City of Atascadero Resolution No. 2008-006 Page 19 of 32 EXHIBIT D:Floor Plan AIB/C Elevations and Options +sir lij 3 � a 6t ax tt s " g7 783 t i q j 5 "' "•, @ v } � l �E E W1, Y F tt �715k t w, 15 iC S: iTi \ 1 I 3 � N t IIN ,114�iffltj, IT 11 D J ,RO {r{ MM Jij n d � City of Atascadero Resolution No. 2008-006 Page 20 of 32 EXHIBIT D: Floor Plan A/B/C Elevations and Options rrrr ij . j; I' M lel , Vl 'r � [k v IM t jrfo r rl fy r' t ' . T err V1, t MV tM € f para 3 d�'y� 7 It 9€ 3 I € ...... ...».,. 3 y3 1 City of Atascadero Resolution No. 2008-006 Page 21 of 32 EXHIBIT E: Floor Plan D vow IT � I 400 ck, �A Lf£ R �p M. .e ,a too IF AM P111-10M ry n, c+nand �" t 3 � 1m - +Yrrr City of Atascadero Resolution No. 2008-006 Page 22 of 32 EXHIBIT F: Floor Plan D Elevations vow C [j Cl � 0 hn Doi FRONT i� �� wMwnrn+,a.rvu„xumuw�w "" "*• �.�`t.'J C)..... S y. City of Atascadero Resolution No.2008-006 Page 23 of 32 EXHIBIT F: Floor Plan D Elevations i I 1 i I � I tri �«ti I 1 I i I i I i I 0 City of Atascadero Resolution No. 2008-006 Page 24 of 32 EXHIBIT G: Color Boards and Site Plan Color Key rrr t e .�e x �l _.� T— ------ -- 1 L am s 1 a k i n i �� I A 1! lit Ali loom ' s AQ �.. k m [ c s Ia �' «.,. _ °ti - @ —•...,'{' Y � � ass 5 a �#� "• � } ! M j !lit k Y HMO ch E � VVV y City of Atascadero Resolution No. 2008-006 Page 25 of 32 EXHIBIT G: Color Boards and Site Plan Color Key ■rr DESIGN [RECEIVED �.t OCT 1 8 2007 Gearhart Stock Residences Atascadero, CA COMMUNITY DEVELUP-! Color Scheme#1 __.. August 31,2(X)7 A. Frazee#'180=, "Clav Urn" Flat Exterior Finish 41an Body rrrr ,� B. Frazee#8685 -IVoodlet" Lo-Sheen Exterior Finish Accent Trim and Doors' r C. Frazee#8212 "Miller'" Lo-Sheen Exterior_Finish, Doors a.nd W" indow Trim,Eaves,Facras,Posts,etc. City of Atascadero Resolution No. 2008-006 Page 26 of 32 EXHIBIT G: Color Boards and Site Plan Color Key +rrrir Color Scheme#2__ August 31.2007 A. Frazee#8215 "Rittersall Brown" Flat Exterior Finish Main Body Frazee#8276 "Mesquite Canyon" Lo-Sheen Exterior Finish Accenf'T`rfrn and Doors C. Frazee#8212 "Millet" Lo-Sheen Exterior Finish Doers and Window Trim,Eaves, Facias, Pasts,etc. rr Color Scheme#3 August 31,2007 A. Frazee#8174 "Fentand" Flat Exterior Finish Mein Body B. Frazee#859-5 "Elfin Court" Lo-Sheen Exterior Finish Accent 1"i i in and Doors C. Frazee#8212 "Millo Lo-Sheen Exterior Finish Doors and Window Trim,Eaves,Facias,Posts,etc. �rrr City of Atascadero Resolution No. 2008-006 Page 27 of 32 EXHIBIT G: Color Boards and Site Plan Color Key wrrr C& : hemp#4 ................. October 4,20Q7 3 t A. r Frazee#8693 "Stucco Greige Flat Exterior Finish ;r,•!.r• � ,bin Body B. Frazee#8665 "°Gristinill" Lo-Sheen Exterior Finish Acceni Trim and Doors C. Frazee#821-1 '".19illet" 1,,o-Sheen Exterior Finish. Doorsand W1 f"rirn,Eaves.Facial,Posts,etc. — r Gorr Scheme#S October 4,2007 A. Frazee#8644 -Seal Bach Flat Exterior Finish Main t3ody, B. Frazee#8755 "Spicenut I-o-Sheen Exterior Finish Accent Trim arid D rs C. Frazee#8212 "Alillet" Lo-Sheen._Eater r.l~..... _ Doors and Window Trim,Lives,Facias,Posta,etc. i rrrer City of Atascadero Resolution No. 2008-006 Page 28 of 32 EXHIBIT H: Preliminary Landscape Plan wr Val � a . v. 3 v 3 E . ILO z v . z ay e M L a y �� d6 9 City of Atascadero Resolution No. 2008-006 Page 29 of 32 EXHIBIT 1:Tree Protection Plan wr _ 3nN3Atf 93i(EINY NY5 -77 AL - r F i r + ` � , t # ` } a � ��t},i��q, \ \ '..f"' a" �_ � ✓ it � ' \0 ; pill I fill i' t r I \ /fy City of Atascadero Resolution No. 2008-006 Page 30 of 32 EXHIBIT J:Grading, Drainage and Utility Plans JA ----------- ---------- 'N* ._ .eF1A3A4.N a ..: Mj� VVIL R= if i l E< f .IA � 9 b mj o Z� IN OIM At' IN t � 1 �V �4 aM jv_'� 4 a, it E if f / r;l},It� iffier 0 0 0 City of Atascadero Resolution No. 2008-006 Page 31 of 32 EXHIBIT J:Grading, Drainage and Utility Plans +rr _ 14gg 1 if i! i 0: �`\\•. �5 /. 1. /m �. a 3 :,E p filli inti rt VOMI Lu , y{ i� 5 cl: VI, low City of Atascadero Resolution No. 2008-006 Page 32 of 32 EXHIBIT K: Improvement Plans UM �� .�.', ` _✓'�-°H`.a 59tlflyY NYS�f•� "�Si —"-- 7r. Q � I x- i a �Ci@ r !}�7F:i��ii �/ja gig r 4