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HomeMy WebLinkAbout2008-009 RESOLUTION NO. 2008-009 am RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 2007-0091, A THREE-LOT SUBDIVISION CONSISTENT WITH A MASTER PLAN OF DEVELOPMENT ON APN 030-283-005, Lot 1 (Adamski, Moroski, Madden & Green, LLP/Atascadero Homeowners, LLC) WHEREAS, an application has been received from Adamski, Moroski, Madden & Green, LLP, P.O. Box 3835, San Luis Obispo, CA 93403, (Applicant), and Atascadero Homeowners, LLC, 6205 Alcantara Avenue, Atascadero, CA 93422, (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 3-Lot Tentative Parcel Map on a 0.38-acre site located at 6905 Navajoa Avenue, (APN 030-283-005, Lot 1); and, WHEREAS, the Planning Commission has recommended that the site's Zoning District be changed from L (Recreation) to RMF-16 with PD-7 (Residential Multi-Family-16 with a Planned Development Overlay 7); and, WHEREAS, the Planned Development Overlay-7 requires a minimum of 4 units, and by combining the 2-unit and 9-unit projects as a Master Planned site per the General Plan requirements, the application on Lot 1 meets this criteria; and, 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 Tentative Parcel 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 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 Tentative Parcel Map 2007- 0091, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and City of Atascadero Resolution No. 2008-009 Page 2 of 17 WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing r. held on February 26, 2008, studied and considered Tentative Parcel Map 2007-0091, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project; and, NOW THEREFORE, the City Council of the City of Atascadero takes the following actions: SECTION 1. Findings of Approval for Tentative Parcel Map, the City Council of the City of Atascadero finds as follows: 1. The proposed subdivision, design and improvements as conditioned, is consistent with the General Plan and applicable zoning requirements, including provisions of the PD-7 overlay district. 2. The proposed subdivision, as conditioned, is consistent with the proposed Planned Development Overlay District-7 Master Plan of Development (CUP 2007-0219). 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. SECTION 2. Approval. The City Council of the City of Atascadero, in a regular session assembled on February 26, 2008, resolved to approve Tentative Parcel Map (TPM 2007- 0091) subject to the following: 1. Exhibit A: Tentative Parcel Map 2007-0091 �• 2. Exhibit B: Conditions of Approval /Mitigation Monitoring Program. City of Atascadero Resolution No. 2008-009 Page 3 of 17 rrr 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 CITY SCAD O " By:,ZAil, i Brennler, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk ir .- AS TO FORM: Brian Pierik, City Attorney City of Atascadero Resolution No. 2008-009 Page 4 of 17 Exhibit A:3 Lot Tentative Parcel Map ow --------- -- } v� 4 } +KA 17 1 , t \7F N { U): � � 4 am C-4 r' \ � �.��i�`'�,, � � .�. ,p1 ti's+,..J�_ ... ti,?�t 1..�'"� � �� it �� p• � � s , Q1k 11 J t � W ff gill ! s ,t r X"� lD� �E!I1.1lei1111,S311111,Willii1 City of Atascadero Resolution No.2008-009 Page 5 of 17 Exhibit B:Conditions of Approval/Mitigation Monitoring Program 1l�rlr Tentative Parcel Map 2007-0091 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 2-Lot Planned Development 7 FM:Final Map CE:City Engineer TO:Temporary WW:Wastewater CUP 2007-0219/ZCH 2007-0146/TPM 2007-0091 Occupancy CA:City Attorney Fl: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 Parcel Map and Conditional Use Permit FM PS 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. lint 3. The Community Development Department shall have the authority to FM PS 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 Parcel 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 On going PS (APN 030-283-005) regardless of owner. 5. The Final Map shall be drawn in substantial conformance with the FM PS 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. 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 Parcel Map shall be subject to additional fees for park or FM PS recreation purposes(QUIMBY Act)as required by City Ordinance. 8. The emergency services and facility maintenance costs listed below BP PS 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 i'l" approved by the City Attorney,City Engineer and Administrative City of Atascadero Resolution No.2008-009 Page 6 of 17 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 Departrnent Improvement Plans PD:Police Department 2-Lot Planned Development 7 FM:Final Map CE:City Engineer TO:Temporary WW:Wastewater CUP 2007-0219/ZCH 2007-0146/TPM 2007-0091 Occupancy CA:City Attorney Fl:Final inspection AMWC:Water Comp. F0:Final Occupancy Services Director prior to acceptance of any final map. The administration of the above mentioned funds shall be by the City. Developer agrees to participate in the community facilities district and to take all steps reasonably required by the City with regard to the establishment of the district and assessment of the property. • All Atascadero Police Department service costs to the project. • All Atascadero Fire Department service costs to the project. • Off-site common City of Atascadero park facilities maintenance service costs related to the project. 9. All tract maintenance costs listed below shall be 100%funded by the BP PS project 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. lrIIwr All open space and native tree preservation areas. ■ 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 Ongoing PS and San 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- P/GP PS/PW 0219 shall 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 BP PS approval by the Community Development Department. The CC&R's shall record with the Final Map and shall include the following: ■ Provisions for maintenance of all common areas including access, parking, street trees, fencing and landscaping in City of Atascadero Resolution No. 2008-009 Page 7 of 17 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure trtttltr 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 2-Lot Planned Development 7 FM:Final Map CE:CAy Engineer TO:Temporary WW:Wastewater CUP 2007-0219/ZCH 2007-0146/TPM 2007-0091 Occupancy CA:City Attorney FI:Final inspection AMWC:Water Corp. F0:Final Occupancy perpetuity. ■ Fencing design and locations ■ A detailed list of each individual homeowner's responsibilities for maintenance of the individual units. • Residents shall keep all trash receptacles within the unit's designated trash storage area. ■ Garages shall be maintained and used for vehicle parking. ■ No boats, RV's or other type of recreation vehicle may occupy a guest or resident parking space, including within an individual garage. ■ 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 MasterGP/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. 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 BP PS,CE enter 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. City of Atascadero Resolution No. 2008-009 Page 8 of 17 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure am 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 2-Lot Planned Development 7 FM:Final Map CE:City Engineer TO:Temporary WW:Wastewater CUP 2007-0219/ZCH 2007-0146/TPM 2007-0091 Occupancy CA:CityAttomey FI:Final inspection AMWC:Water Comp. F0:Final Occupancy 15. Approval of this permit shall include the removal of 8 Native Black BP PS,BS Walnuts,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 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 BP PS Exhibits E 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 BP PS the Master Plan of Development as shown in EXHIBIT D and F with the following modifications: It�rr ■ 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 followingGP/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 theBP/FM PS, BS,CE Master Plan of Development as shown in EXHIBIT B. 11111111111110 City of Atascadero Resolution No. 2008-009 Page 9 of 17 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP:Grading Permit PS:Planning Services BP:Building Perrrd BS:Building Services Atascadero Avenue Triangle SIP:Subdivision FD:Fire Department Improvement Plans PD:Police Department 2-Lot Planned Development 7 FM:Final Map CE:City Engineer T0:Temporary WW:Wastewater CUP 2007-0219/ZCH 2007-0146/TPM 2007-0091 Occupancy CA:City Attorney FI:Final inspection AMWC:Water Comp. F0:Final Occupancy 23. All project fencing shall be installed consistent throughout the project, GP/BP PS and 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. 24. A final landscape and irrigation plan shall be approved prior to the BP PS issuance of 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 BP PS built at a maximum height of 5 feet at the tallest point. 26. The commemorative tile on the`commemorative wall'around he BP PS private park 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 GP, BP CE frontages.All road frontages will be widened be City Standard. IIIIIIIIIIIIIIIIII10 City of Atascadero Resolution No. 2008-009 Page 10 of 17 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure flow GP:Grading Permit PS:Planning Services BP:Building Pernrt BS:Building Services Atascadero Avenue Triangle SIP:Subdivision FD:Fire Department Ir provement Plans PD:Police Department 2-Lot Planned Development 7 FM:Final Map CE:City Engineer TO:Temporary WW:Wastewater CUP 2007-0219/ZCH 2007-0146/TPM 2007-0091 OccupancyCA:City Attorney FI:Final inspection AMWC:Water Cone. F0:Final Occupancy 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. 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 FM CE am City of Atascadero Resolution No. 2008-009 Page 11 of 17 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning GP:Grading Permit 9 Services BP:Building Pert BS:Building Services Atascadero Avenue Triangle SIP:Subdivision FD:FireDepartnent Improvement Plans PD:Police Department 2-Lot Planned Development 7 FM:Final Map CE:City Engineer TO:Temporary WW:Wastewater CUP 2007-0219/ZCH 2007-0146/TPM 2007-0091 Occupancy CA City Attorney FI:Final inspection AMWC:Water Comp. F0:Final Occupancy being placed on the agenda for City Council acceptance. 13. Prior to recording the tract map, the applicant shall pay all FM CE outstanding plan check/inspection fees. 14. Prior to recording the map, the applicant shall bond for or complete FM CE all improvements required by these conditions of approval. 15. Prior to recording the tract map,the applicant shall submit a copy of FM CE a 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. 17. Prior to recording the tract map, the applicant shall submit a map FM CE 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. 18. All existing and proposed utility, pipeline, open space, or other FM CE easements 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 GP, BP CE 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. 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 ear flow with head,and provide safe conveyance for the 1 00ear �r City of Atascadero Resolution No. 2008-009 Page 12 of 17 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure i� GP:Grading Permt PS:Planning Services BP:Building Permit BS:Building Services Atascadero Avenue Triangle SIP:Subdivision FD:Fire Department Irnprovement Plans PD:Police Department 2-Lot Planned Development 7 FM:Final Map CE:City Engineer TO:Temporary WW:Wastewater CUP 2007-0219/ZCH 2007-0146/TPM 2007-0091 Occupancy CA CityAttomey FI:Final inspection AMWC:Water Comp. F0:Final Occupancy overflow. 22. Prior to the issuance of building permits the applicant shall provide GP,BP CE for the 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 GP, BP CE flows as well as release them to natural runoff locations. 24. A mechanism for funding and maintenance of the storm drain GP,BP CE facilities 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 GP,BP CE method of conduct to approved off-site drainage facilities. +rrr 27. Concentrated drainage from off-site areas shall be conveyed across GP, BP CE 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. 28. Applicant shall submit erosion control plans and a Storm Water GP,BP CE Pollution Prevention Plan (SWPPP).The Regional Water Quality Control Board shall approve the SWPPP. 29. All public improvements shall be constructed in conformance with GP,BP CE the City 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 GP, BP CE map. 31. Project shall include construction of curb, gutter and sidewalk along GP,BP CE entire frontage. 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 T6P CE err City of Atascadero Resolution No. 2008-009 Page 13 of 17 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services GP:Grading Permit 9 BP:Building Permit BS:Building Services Atascadero Avenue Triangle SIP:SubdN'sbn FD:Fire Department Improvement Plans PD:Police Department 2-Lot Planned Development 7 FM:Final Map CE:City Engineer TO:Temporary WW:Wastewater CUP 2007-0219/ZCH 2007-0146/TPM 2007-0091 Occupancy CA:CityAttomey FI:Final inspection AMWC:Water Corp. F0:Final Occupancy Reimbursement fees(if applicable)upon issuance of building permit. 35. Drainage piping serving fixtures which have flood level rims located BP CE 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. 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 dttlr 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 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- am vegetation and landscape plans should be implemented as soon as City of Atascadero Resolution No. 2008-009 Page 14 of 17 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure am 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 2-Lot Planned Development 7 FM:Final Map CE:City Engineer TO:Temporary WW:Wastewater CUP 2007-0219/ZCH 2007-0146/TPM 2007-0091 Occupancy CA City Attorney FI:Final inspection AMWC:Water Comp. F0:Final Occupancy 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 recordation and land use clearance for finish grading of any structure. 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 l wr may be allowed. This requires prior application, payment of fee based on City of Atascadero Resolution No. 2008-009 Page 15 of 17 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP:Grading Permit PS:Planning Services BP:Building Perm t BS:Building Services Atascadero Avenue Triangle SIP:Subdivision FD:Fre Department Improvement Plans PD:Police Department 2-Lot Planned Development 7 FM:Final Map CE:City Engineer TO:Temporary WW:Wastewater CUP 2007-0219/ZCH 2007-0146/TPM 2007-0091 Occupancy CA CityfNomey FI:Final inspection AMWC:Water Comp. F0:Final Occupancy 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 BP BS/PS 3.b.4 wood 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 rain► • 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 BP BS/PS 4.e.1 arborist 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. (b) Arborist shall schedule a pre-construction meeting with engineering /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 City of Atascadero Resolution No. 2008-009 Page 16 of 17 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure rrtl GP:Grading Permit PS:Planning Services BP:Building Permit BS:Building Services Atascadero Avenue Triangle SIP:Subdvisicn FD:Fire Department Irrprovement Plans PD:Police Department 2-Lot Planned Development 7 FM:Final Map GE:C4 Engineer TO:Temporary WW:Wastewater CUP 2007-02191ZCH 2007-0146/TPM 2007-0091 Occupancy CA City Attorney FI:Final inspection AMWC:Water Cone. F0:Final Occupancy 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. w� 3. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 4. Vehicles and stockpiled material shall be stored outside the drip line of all trees. 5. All trees within twenty feet of construction work shall be fenced for protection with 4-foot chain link,snow or safety fencing placed per the approved tree protection plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing shall remain in place until completion of all construction activities. 6. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. 7. Utilities such as water, gas,power,cable,storm drainage, and sewer should be redirected from under the canopy of any trees that are to remain. 8. Where a building is placed within the canopy of a tree the foundation should be redesigned so that it bridges across any root systems. 9. Any foundation or other structure that encroaches within the drip line of trees to be saved shall be dug by hand. 10. At no time shall tree roots be ripped with construction equipment. Mitigation 5.d.1: Should any human remains be discovered on the property, Ongoing PS 5.d.1 all 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 BP BS/PS 6.b.1 an appropriate erosion control method (erosion control blanket, hydro- mulch,or straw mulch appropriately anchored) immediately after completion Now of earthwork between the months of October 15 through April 15. All City of Atascadero Resolution No. 2008-009 Page 17 of 17 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure Will 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 2-Lot Planned Development 7 FM:Final Map CE:City Engineer To:Temporary WW:Wastewater CUP 2007-0219/ZCH 2007-0146/TPM 2007-0091 occupancy CA City Attorney FI:Final inspection AMWC:Water Comp. F0:Final Occupancy 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 BP BS/PS 8.e.f.1 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. Mitigation Measure 11.d.1: All construction activities shall comply with the BP BS/PS 11.d.1 City of Atascadero Noise Ordinance for hours of operation. vrr