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HomeMy WebLinkAbout2009-016 RESOLUTION NO. 2009-016 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING 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 056-131-048 THROUGH 056-131-065 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 Chono Street, San Luis Obispo, CA 93401), Property Owner, to consider a project consisting of a Tentative Tract Map to amend the lot lines of 18 of the existing residential lots at 9000-9092 Coromar Ct. (APN 056-131-048 through 056-131-065); and, WHEREAS, the site s current General Plan Designation is Medium Density Residential (MDR); and, WHEREAS, the site s current zoning district is RMF-10 (Residential Multi-family— 10) 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, 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 City of Atascadero Resolution No. 2009-016 Page 2 of 28 WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing am held on March 24, 2009, studied and considered Tentative Tract Map (PLN 2099-0997) for Tract 2970, after first studying and considering Certified Mitigated Negative Declaration 2005-0165, and NOW THEREFORE, the City Council of the City of Atascadero takes the following actions SECTION 1. Findings of Approval for Tentative Tract Man, the City Council 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 irrr 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. err City of Atascadero Resolution No. 2009-016 Page 3 of 28 SECTION 2. Approval. The City Council of the City of Atascadero, in a regular session assembled on March 24, 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. On motion by Council Member O'Malley and seconded by Council Member Kelley, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote AYES Council Members Clay, Fonzi, Kelley and O'Malley NOES Mayor Beraud ABSENT None ADOPTED- March 24, 2009 CITY OF ATASCADERO irrn �� 02) By -' Ellen Beraud, Mayor ATTEST Marcia McClure Torgerson, C.M.0 , City Clerk APPROVED AS O FORM. Z-"L� / Brian Pienk, City Attorney .r City of Atascadero Resolution No. 2009-016 Page 4 of 28 Exhibit A:Vesting Tentative Tract Map 2009(PLN 2099-0997)for Tract 2970 Owr TIr AU c4 1 � 11 ffi r� CUT _ ,.. ,�.._ t I ik_.._ wwwasww w-w-wwwa-rww � �* �� �=4av �1 4 yy iG n u. CO 4 I � 1 b i re 1 City of Atascadero Resolution No. 2009-016 Page 5 of 28 Exhibit B: Conditions of Approval/Mitigation Monitoring Program Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP Grading Pemrt PS:Planning Services BP'Building Permit BS:Building Services West Front Vi//age SIP Subdivision FD:Fire Department Inprovement Plans PD:Police Department Tentative Tract Map 2009(PLN 2099-0997) FM:Final Map CE.City Engineer TO:Te9mrary WW:Wastewater Occupancy CA City Attorney Tract 2970 FI:Final inspection AMWC:water comp. F0:Final Occupancy Planning Services 1 The approval of this Amended use permit shall become final and FM PS 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. 2. Approval of this Tentative Tract Map shall be valid for two years FM PS 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 FM PS 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. 4 The Tract Map shall be subject to additional fees for park or FM PS recreation purposes(QUIMBY Act)as required by City Ordinance 5. The applicant shall record CC&R's for the subdivision subject to the FM PS 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. 6. The granting of this entitlement shall apply to the property located On going PS at APN 056-131-034 through 056-131-065,022, 023 056-194-015, 017,019,019 regardless of owner 6 A. Any Conditions changed with previous project amendments shall Ongoing PS,CE,BS remain as previously approved. Any improvements or conditions Previously completed per approved building permits shall remain as previously approved,provided that those improvements are not in contradiction with the revised attached project exhibits. 7 The Final Map shall be drawn in substantial conformance with the FM PS approved tentative map, and in compliance with all conditions set iwr forth herein, shall be submitted for review and approval in City of Atascadero Resolution No.2009-016 Page 6 of 28 Conditions of Approval/ Timing Responsibility Mitigation tirrlr Mitigation Monitoring Program /Monitoring Measure GPGrading Permit PS:Planning Services BP,Building Permit BS:Building Services West FrOet Vii/age SIP'Subdivision FD:Fire Departrnt Improvement Plans PD:Police Department Tentative Tract Map 2009(PLN 2099-0997) FM:Final Map CE:City Engineer TO:Temporary WW:Wastewater Occupancy CA City Attorney Tract 2970 FI:Final inspection AIVWC:Water Comp. F0:Final Occupancy accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 7-A. In the case that a joint access easement cannot be obtained from FM PS the parcel to the south,the map shall be redesigned consistent with Exhibit B-2 of the Master Plan of Development(CUP 2003-0108). 8. The subdivider shall defend, indemnify and hold harmless the City FM PS 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. 9 Phasing Condition FM PS Phasing of the various uses on Lots 3-12(Hotel and Business PaF are as follows: Business Park buildings th9 GOMmemial retail building OR 10tS 4 and 2 2.0 QnGG the hotel and bursine6s park is the GemmerGial FetaJ4 stir buildinq on lots 1 and 2 of TFaGt 2621 are :75,04 Gamplete(fFamed and 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. City of Atascadero Resolution No. 2009-016 Page 7 of 28 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP Grading Permit PS.Planning Services BP,Building Permit BS:Building Services West Front Vii/age SIP Subdivision FD:Fire Department Ir provement Plans PD:Police Department Tentative Tract Map 2009(PLN 2099-0997) FM:Final Map CE.City Engineer TO:Temporary WW:Wastewater Occupany CA City Attorney Tract 2970 FI:Final inspection AMWC:water Comp. F0:Final Occupancy 10 Street names shall be determined prior to the recordation of the FM PS final map All street names shall be reviewed and approved by the Community Development Department, Fire Department,and Police Department. 11 All subsequent Tentative Tract Map and construction permits shall FM PS,CE be consistent with the Master Plan of Development contained herein. 12. The emergency services and facility maintenance costs listed FM PS,CE 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 for Tract 2970; a deferral agreement shall not be permitted for the Community Facilities District 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 ala' 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. 13. All tract maintenance costs listed below shall be 100% funded by FM PS 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 Allo ens ace and native tree preservation areas. City of Atascadero Resolution No. 2009-016 Page 8 of 28 Conditions of Approval/ Timing Responsibility Mitigation War Mitigation Monitoring Program /Monitoring Measure GP'Grading Permit PS:Planning Services BP Building Permit BS:Building Services West Front Vii/age SIP,Subdvision FD:Fre Department Ir provement Plans PD:Police Department Tentative Tract Map 2009(PLN 2099-0997) FM:Final Map CE:City Engineer TO:Temporary WW:Wastewater Occupancy CA:City Attorney Tract 2970 FI:Final inspection AMWC water comp. F0:Final Occupancy 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 with the exception of the off-site freeway frontage landscaping along the Cal Trans right-of-way. The off-site freewav frontage landscaping shall be maintained by the developer or subsequent owner for a period of two years. 14 Prior to final map,the applicant shall submit CC&Rs for review and FM PS,CE 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 15. Affordable Housing Requirement: GP/BP PS,CA 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, Wlti� City of Atascadero Resolution No. 2009-016 Page 9 of 28 Conditions of Approval/ Timing Responsibility Mitigation ilrrr Mitigation Monitoring Program /Monitoring Measure GP'Grading Perrril PS:Planning Services BP'Building Permit BS:Building Services West Front Vi//age SIP Subdivision FD:Fire Depar hent Ir provement Plans PD:Police Department Tentative Tract Map 2009 (PLN 2099-0997) FM:Final Map CE:City Engineer TO:Ter porary WW:Wastewater Occupancy CA City Attorney Tract 2970 FI:Final inspection AMWC:water comp. F0:Final Occupancy ■ 3 units at the moderate income rate. All units shall be distributed throughout the project,subject to staff approval. Or The applicant shall have the option to pay affordable housing in-lieu fees for the three moderate income units. The 2 low and 1 very low income units must be deed restricted and shall be distributed with 2 units in duplex area and 1 unit in the singe-family residential area. 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 16. Workforce Housing: Prior to recordation of final map,the GP/BP PS,CA applicant shall enter into a legal agreement with the City to reserve 1/2 of the units for sale to residents or workers within r>r�r 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 17 All mitigation Measures listed in the certified Mitigated Negative BP PS Declaration prepared by Padre and Associates shall be implemented and adhered to. 18. The 16-foot wide access easement for the driveway serving lots 40 FM CE through 45 shall be increased to 20-feet wide. 19 A shared private access and parking easement shall blanket lots 1 FM CE through 13. 20. A shared private access, parking, and solid waste/recycle FM CE enclosure access easement shall blanket lots 5 through 13. am City of Atascadero Resolution No. 2009-016 Page 10 of 28 Conditions of Approval/ Timing Responsiblilty Mitigation +rrlltlr Mitigation Monitoring Program /Monitoring Measure GP Grading Permit PS:Planning Services BPBuilding Penit BS:Building Services West Front Vii/age SIP Subdivision FD:Fire Department Improvement Plans PD:Police Department Tentative Tract Map 2009(PLN 2099-0997) FM:Final Map CE.City Engineer TO:Tenporary WW:Wastewater Occupancy CA City Attorney Tract 2970 FI:Final inspection AMWC:water Comp. F0:Final Occupancy City Engineer Project Conditions 21 The project applicant may apply for a reimbursement map for off- On going CE 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. 21 (A) Shared driveway approach to lots 11 through 18 to be modified GP, BP CE to meet City Standard 423 for residential driveways(maximum 20'wide).This standard may require two separate driveway approaches at this location. Drainage: 22. Submit calculations to support the design of any structures or GP,BP CE pipes. Closed conduits shall be designed to convey the 10-year am pipes. with gravity flow the 25-year flow with head, and provide safe conveyance for the 100 year overflow 23. Provide for the detention of the 50 year developed storm runoff, GP,BP CE while metering out the 2 year undeveloped storm runoff 24 Drainage basins shall be designed to desilt, detain and meter GP,BP CE storm flows as well as release them to natural runoff locations. 25. The drainage basins shall be landscaped with native plantings. GP,BP CE 26. A mechanism for funding and maintenance of the storm drain GP,BP CE facilities shall be provided. 27 Show the method of dispersal at all pipe outlets. Include GP,BP CE specifications for size&type. 28. Show method of conduct to approved off-site drainage facilities. GP,BP CE 29 Concentrated drainage from off-site areas shall be conveyed GP,BP CE 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. 30 Applicant shall submit erosion control plans and a Storm Water GP,BP CE Pollution Prevention Plan (SWPPP) The Regional Water Quality City of Atascadero Resolution No. 2009-016 Page 11 of 28 Conditions of Approval/ Timing Responsibility Mitigation �irrr Mitigation Monitoring Program /Monitoring Measure GP-Grading Permit PS:Planning Services BP'BuWing Permit BS:Building Services West Front Vii/age SIP Subdiv6iw FD:Fire Department Improvement Plans PD:Police Department Tentative Tract Map 2009 (PLN 2099-0997) FM:Final Map CE:City Engineer TO:Temporary WW:Wastewater Occupancy CA City Attorney Tract 2970 Fl:Final inspection AMWC:water Comp. F0:Final Occupancy Control Board shall approve the SWPPP 31 The Preliminary Grading and Drainage Plan details offsite grading GP, BP CE 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. Traffic Mitigation: GP,BP CE 32. Traffic Mitigation shall be amended as follows (2008 amendment GP,BP CE PLN-2008-1302). 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. artlr B. West Front Street/Santa Rosa Road Intersection: Il.4@ki;_;this dritorsql;togn Fight in and Fight out only with the GeAstr­Qtion o aThis IMPF9VIGIM9FIlt Shall 199 reviewed by GaltFams PArk an Aide Staff Construct a left turn pocket for southbound left turns onto West Front Rd. from Santa Rosa Rd. and allow for unimpeded straight through traffic on Santa Rosa Rd. This Improvement shall be reviewed by Caltrans Park and Ride Staff Repave and rtFipe and Old SaRt—R Rosa Read to A Rural Read S-tandaFd(4Q4). D Portola Ave Driveway(Gas Station) This driveway will be right in and right out only A physical barrier will be placed 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 33. West Front Street Frontage Improvements GP,BP CE Improvements to include two 2 travel lanes, one 1 turn lane and a bike City of Atascadero Resolution No. 2009-016 Page 12 of 28 Conditions of Approval/ Timing Responsibility Mitigation rrrlir Mitigation Monitoring Program /Monitoring Measure GP Grading Permit PS:Planning Services BP Budding Permit BS:Building Services West Front Vi//age SIP Subdivisbn FD:Fre Department Improvement Plans PD:Police Department Tentative Tract Map 2009(PLN 2099-0997) FM:Final Map CE.City Engineer TO:Temporary WW:Wastewater Occupancy CA City Attorney Tract 2970 FI:Fenal inspection AMWC:Water Cone. F0:Final Occupancy 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 34 A. The project shall install a raised, left turn restriction GP,BP CE 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. 35. Portola Ave. Frontage Improvements GP,BP CE 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 r Portola Ave or as shown in approved off-site building permit plan set issued April of 2007. 36. All public improvements shall be constructed in conformance GP,BP CE with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer 37 A mechanism to provide for the funding and maintenance of GP,BP CE lighting, street improvements, special paving surfaces, sewer storm drain, common area landscape, open space, and hardscape shall be provided. 38. The on-site residential streets shall be improved consistent with GP,BP CE 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 39 All Utilities shall be underground on Portola Ave. and West Front GP,BP CE Road and within the project. Sewer 40 A mechanism must be provided to fund the maintenance and GP, BP CE 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. City of Atascadero Resolution No. 2009-016 Page 13 of 28 Conditions of Approval/ Timing Responsibility Mitigation I, Mitigation Monitoring Program /Monitoring Measure GP,Grading Permit PS:Planning Services BP,Building Pemtit BS:Building Services West Front Vi//age SIP,Subdivision FD:Fire Department Inprovement Plans PD:Police Department Tentative Tract Map 2009(PLN 2099-0997) FM:Final Map CE:City Engineer TO:Temporary WW:Wastewater Occupancy CA City Attorney Tract 2970 FI:Final inspection AMWC:water comp. F0:Final Occupancy 41 Applicant shall pay sewer extension (Annexation) Connection GP,BP CE and Reimbursement fees (if applicable) upon issuance of building permit. 42. Drainage piping serving fixtures which have flood level rims GP,BP CE 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 43 Gravity mains within the subdivision shall be eight (8) inches in GP, BP CE diameter 44 All sanitary sewer(SS) mains shall terminate in manholes unless GP, BP CE 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. STANDARD CONDITIONS. 45 Prior to final map recordation the applicant shall provide a GP, BP CE 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. 46 The applicant shall enter a Subdivision Improvement Agreement GP,BP CE with the City of Atascadero prior to recording the final map 47 In the event that the applicant is allowed to bond for the public GP,BP CE improvements required as a condition of this map the applicant shall enter into a Subdivision Improvement Agreement with the City Council 48. An engineer's estimate of probable cost shall be submitted for GP,BP CE review and approval by the City Engineer to determine the amount of the bond. 49 The Subdivision Improvement Agreement shall record GP,BP CE concurrently with the Final Map 50 The applicant shall enter into a Plan Check/inspection GP, BP CE agreement with the City firer City of Atascadero Resolution No.2009-016 Page 14 of 28 Conditions of Approval/ Timing Responsibility Mitigation arltlr Mitigation Monitoring Program /Monitoring Measure GP,Grading Permit PS.Planning Services BP-Building Pemit BS:Building Services West Front Vii/age SIP,Subdivision FD:Fire Depadment Irrprovement Plans PD:Police Department Tentative Tract Map 2009(PLN 2099-0997) FM:Final Map CE.City Engineer TO:Terryorary WW:Wastewater Occupancy CA City Altomey Tract 2970 FI:Final inspection AMWC:water Comp. FO:Final Occupancy 51 A six(6)foot Public Utility Easement(PUE)shall be provided GP, BP CE contiguous to the West Front Road and Portola Avenue property frontages. 52. The applicant shall acquire title interest in any off-site land that GP, BP CE 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. 53. Slope easements shall be obtained by the applicant as needed GP, BP CE to accommodate cut or fill slopes. 54 Drainage easements shall be obtained by the applicant as GP,BP CE needed to accommodate both public and private drainage facilities. 55. A preliminary subdivision guarantee shall be submitted for review GP,BP CE in conjunction with the processing of the parcel map err 56. The final map shall be signed by the City Engineer prior to the GP,BP CE map being placed on the agenda for City Council acceptance. 57 Prior to recording the parcel map,the applicant shall pay all GP,BP CE outstanding plan check/inspection fees. 58. Prior to recording the map the applicant shall complete all GP,BP CE improvements required by these conditions of approval 59 Prior to recording the parcel map the applicant shall set GP, BP CE 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. 60 Prior to recording the parcel map,the applicant shall submit a GP, BP CE 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 61 All existing and proposed utility pipeline,open space or other GP, BP CE 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 lair City of Atascadero Resolution No. 2009-016 Page 15 of 28 Conditions of Approval/ Timing Responsibility Mitigation Irlrr Mitigation Monitoring Program /Monitoring Measure GP'Grading Perrnil PS:Planning Services BP,Building Pernik BS:Building Services West Front Vii/age SIP Subdiasion FD:Fire Department Improvement Plans PD:Police Department Tentative Tract Map 2009(PLN 2099-0997) FM:Final Map CE.City Engineer TO:Ter porary WW:Wastewater Occupancy CA City Ariomey Tract 2970 FI:Final inspection AMWC:water Comp. F0:Final Occupancy 62. Prior to recording the parcel map the applicant shall have the GP,BP CE 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 63. Prior to the issuance of building permits the applicant shall GP,BP CE 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 Atascadero Mutual Water Company 64 Before the issuance of building permits, the applicant shall GP,BP CE 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. i� 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) 65 Before the start of construction on the water system GP, BP CE 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. 66. Before issuance of building permits, the applicant shall obtain a GP, BP CE 'Will Serve" letter from AMWC for the newly created lots within the subdivision 67 The applicant shall bank the water meters serving Lots 14-25 GP, BP CE keeping them within the Coromar Court right-of-way 68. Water mains and appurtenances not accepted for operation and GP, BP CE 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. 69 The applicant shall provide AMWC with easements for those GP, BP CE 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 wm shall review and approve the form and content of these City of Atascadero Resolution No. 2009-016 Page 16 of 28 Conditions of Approval/ Timing Responsibility Mitigation lata Mitigation Monitoring Program /Monitoring Measure GP'Grading Permit PS:Planning Services BP Building Permit BS:Building Services West Front Vi//age SIP Subdivision FD:Fire Department Improvement Plans PD:Police Department Tentative Tract Map 2009(PLN 2099-0997) FM:Final Map CE.Cily Engineer TO:Tenporary WW:Wastewater Oocupancy CA City Attorney Tract 2970 FI:Final inspection AMWC:Water Corp. F0:Final Occupancy 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. 70 The applicant shall relocate the existing 6-inch water line that GP, BP CE crosses Lots 1 3 into the Portola Road and West Front Road rights-of-way 71 The applicant shall submit a hydraulic analysis with the first plan GP, BP CE 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. 72. The applicant shall obtain a separate landscape-irrigation GP, BP CE meter(s)from AMWC for the common areas within the project. 73. Before construction of the water system improvements, AMWC GP, BP CE 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 A endix A Timing Responsibility Mitigation PP /Monitoring Measure Mitigation Monitoring Program GP' ZCH 2002-0088, CUP 2003-0108,TTM 2003-0035 Per Grading Sen�aeSnning Permit BP'Building BS:Building Pen-nit Services West Front Villages TO:Temporary FD:Fire Department Occupancy PD:Police FI: Final Department inspection CE.City Engineer FO:Final WW'Wastewater Occupancy CA City Attorney AMWC:Water Comp. City of Atascadero Resolution No. 2009-016 Page 17 of 28 Conditions of Approval/ Timing Responsibility Mitigation 111111111110 Mitigation Monitoring Program /Monitoring Measure GP Grading Permit PS:Planning Services BP,Building Permit BS:Building Services West Front Vii/age SIP'Subdivision FD:Fire Department Inprovement Plans PD:Police Department Tentative Tract Map 2009(PLN 2099-0997) FM:Final Map CE.C4 Engineer TO:Temporary WW:Wastewater Occupancy CA City Attorney Tract 2970 FI:Final inspection AMWC:water comp. F0:Final Occupancy Mitigation Measure AES-1. The following landscape mitigations shall apply BP PS,BS,CE AES-1 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. Mitigation Measure AES-2: The proposed homes shall include the use of earth-tone BP PS, BS,CE AES-2 paint and roof colors designed to blend with the surrounding semi-rural environment and reduce the potential for reflected light and glare. Mitigation Measure AES-3: Only pedestrian pathway (bollard style) lighting is BP PS, BS,CE AES-3 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. Mitigation Measure AES-4 To prevent impacts to visual resources associated with BP PS, BS,CE AES-4 the Wilson Property Mitigation Measure 13I0-8 shall be implemented. Mitigation Measure AES-5. Two pylon and monument signs shall be constructed BP,GP PS, BS,CE AES-5 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 �r signs must be landscaped in a manner that incorporates the sign into the City of Atascadero Resolution No. 2009-016 Page 18 of 28 Conditions of Approval/ Timing Responsibility Mitigation am Mitigation Monitoring Program /Monitoring Measure GP,Grading Permit PS:Planning Services BP,Building Pernil BS:Building Services West Front Vi//age SIP Subdivision FD:Fre Department Improvement Plans PD:Police Department Tentative Tract Map 2009 (PLN 2099-0997) FM:Final Map CE.City Engineer T0:Temporary WW:wastewater occupancy CA City Attomey Tract 2970 FI:Final inspection AIVWC:Water comp. F0:Final Occupancy surroundings(section 9-15.004h) Mitigation Measure AQ-1. During construction, the applicant shall implement the BP,GP PS, BS,CE AQ-1 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. Mitigation Measure AQ-2: This measure focuses on reducing ozone formation from BP PS, BS,CE AQ-2 am 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). 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 BP,GP PS, BS,CE AQ-3 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 �Irrrt to the APCD prior to land use clearance for map recordation and finished grading of City of Atascadero Resolution No. 2009-016 Page 19 of 28 Conditions of Approval/ Timing Responsibility Mitigation am Mitigation Monitoring Program /Monitoring Measure GP Grading Permit PS:Planning Services BP'Building Perm t BS:Building Services West Front Vii/age SIP,Subdivision FD:Fire Department Irryrovement Plans PD:Police Department Tentative Tract Map 2009(PLN 2099-0997) FM:Final Map CE.City Engineer TO:Temporary WW:wastewater Occupancy CA City Altomey Tract 2970 FI:Final inspection AMWC:Water cornp. F0:Finad Occupancy the area. 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 11rr 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 GP PS, BS,CE AQ-4 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 tirrrr Plan and an Asbestos Health and Safety Program for approval by the APCD City of Atascadero Resolution No. 2009-016 Page 20 of 28 Conditions of Approval/ Timing Responsibility Mitigation Nr�r Mitigation Monitoring Program /Monitoring Measure GP,Grading Permit PS:Planning Services BP Building Perr it BS:Building Services West Front WIlage SIP.Subdivision FD:Fire Department Ir provement Plans PD:Police Department Tentative Tract Map 2009(PLN 2099-0997) FM:Final Map CE.City Engineer TO:Temporary WW:Wastewater Occupancy CA City Attorney Tract 2970 FI:Final inspection AMWC:Water Cone. F0:Final Occupancy Mitigation Measure AQ-5. The applicant shall only install APCD approved wood BP PS, BS,CE, AQ-5 burning devices in the new dwelling units consistent with APCD Rule 504 These FD 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. Mitigation Measure AQ-6: The applicant shall comply with AB 3205 Requirements for BP PS, BS,CE AQ-6 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) Mitigation Measure AQ-7: Prior to construction,the applicant shall obtain a Combined BP,GP PS, BS,CE AQ-7 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. Mitigation Measure AQ-8: Prior to the City issuing a Building Permit, the applicant GP, BP PS, BS,CE AQ-8 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; b) Easements or land dedications for bikeways and pedestrian walkways; C) Continuous sidewalks separated from the roadway by City of Atascadero Resolution No.2009-016 Page 21 of 28 Conditions of Approval/ Timing Responsibility Mitigation irrtr Mitigation Monitoring Program /Monitoring Measure GP Grading Permit PS:Planning Services BP,Building Perrot BS:Building Services West Front Vi//age SIP'Subdivision FD:Fire Department Improvement Plans PD:Police Department Tentative Tract Map 2009 (PLN 2099-0997) FM:Final Map CE.City Engineer TO:Temporary WW:Wastewater Occupancy CA City Adomey Tract 2970 FI:Final inspection nMWC:water Comp. F0:Final Occupancy 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; irr 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.); 1) 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. Mitigation Measure BIO-1 Initial rough grading operations and vegetation removal BP PS,BS,CE BI0-1 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 City of Atascadero Resolution No. 2009-016 Page 22 of 28 Conditions of Approval/ Timing Responsibility Mitigation ow Mitigation Monitoring Program /Monitoring Measure GP'Grading Permit PS:Planning Services BP'Building Permit BS:Building Services West Front Vii/age SIP'SubdNlSiOn FD:Fire Department Improvement Plans PD:Police Department Tentative Tract Map 2009(PLN 2099-0997) FM:Final Map CE,City Engineer TO:Tenporary WW:Wastewater Occupancy CA City Attorney Tract 2970 FI:Final inspection AMWC:water comp. F0:Final Occupancy February Mitigation Measure 13I0-2: If Measure 13I0-1 is infeasible, pre-construction surveys BP PS, BS,CE BI0-2 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. Mitigation Measure 13I0-3: Prior to any earth disturbance, exclusionary fencing shall BP PS,BS,CE 113I0-3 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 M1rn throughout construction. Mitigation Measure 13I0-4 Several measures are included within the Arborist Report BP PS,BS,CE BI0-4 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 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 City of Atascadero Resolution No. 2009-016 Page 23 of 28 Conditions of Approval/ Timing Responsibility Mitigation 11111111111111111110 Mitigation Monitoring Program /Monitoring Measure GP Grading Permit PS:Planning Services BP'Budding Permit BS:Building Services West Front Vi//age SIP Subdviscn FD:Fire Department Improvement Plans PD:Police Department Tentative Tract Map 2009 (PLN 2099-0997) FM:Final Map CE.City Engineer TO:Temporary WW:wastewater Occupancy CA City Attorney Tract 2970 Fl:Final inspection AMwC:water comp. F0:Final Occupancy 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. I� 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. 1) 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 �rrr mitigation. The letter shall verify that the arborist(s)were on site City of Atascadero Resolution No. 2009-016 Page 24 of 28 Conditions of Approval/ Timing Responsibility Mitigation tttttnlrr Mitigation Monitoring Program /Monitoring Measure GP-Grading Perm t PS:Planning Services BP'Building Permit BS:Building Services West Front Vii/age SIP,SubdN'sion FD:Fire Department Improvement Plans PD:Police Department Tentative Tract Map 2009 (PLN 2099-0997) FM:Final Map CE.City Engineer TO:Temporary WW:wastewater Occupancy CA City Attorney Tract 2970 FI:Final inspection AMwC:water comp. F0:Final Occupancy 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. 0) 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 BP PS,BS,CE BI0-5 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 rrrr 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). Mitigation Measure BIO-6: Upon project completion a final status report shall be BP PS, BS,CE BI0-6 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. Mitigation Measure BIO-7 All existing native trees on the Wilson Property shall not GP PS, BS,CE BIO-7 be removed or significantly impacted as a result of project implementation. Mitigation Measure BIO-8: The applicant shall ensure that the three wetland areas BP,GP PS,BS,CE BIO-8 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. Mitigation Measures CUL 1 Because the Colony house is largely intact with few BP,GP PS, BS,CE CUL-1 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. City of Atascadero Resolution No. 2009-016 Page 25 of 28 Conditions of Approval/ Timing Responsibility Mitigation riirr Mitigation Monitoring Program /Monitoring Measure GPGrading Penmit PS:Planning Services BP Building Permit BS:Building Services West Front Vii/age SIP-Subdivision FD:Fire Department Improvemrtm ent Plans PD:Police Depaent Tentative Tract Map 2009(PLN 2099-0997) FM:Final Map CE.City Engineer TO:Ter porary WW:Wastewater Occupancy CA City Attorney Tract 2970 FI:Final inspection AMWC:Water Comp. F0:Final Occupancy Mitigation Measure CUL-2: Should any cultural resources be unearthed during site BP,GP PS,BS,CE CUL-2 development work, the provisions of CEQA -Section 15064.5, will be followed to reduce impacts to a non-significant level. Mitigation Measure CUL-3: Any additional mitigation measures recommended by the BP,GP PS,BS,CE CUL-3 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. 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 BP PS,BS,CE GEO-2 submitted as part of the building permit process. Any measures identified in this report shall be incorporated into the conditions of approval. Mitigation Measure HAZ 1 Prior to grading activities at the 1-acre parcel of the BP,GP PS, BS,CE HAZA 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. Mitigation Measure HAZ-2: Mitigation Measure HAZ-2: No water wells will be BP,GP PS, BS,CE HAZ-2 constructed at the project site without the express written approval of the Regional Water Quality Control Board. Mitigation Measure HAZ-3: The gas station shall be constructed and operated in BP,GP PS,BS,CE HAZ-3 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. Mitiaation Measure HWQ-1 The applicant will prepare and implement a Sediment BP,GP PS,BS,CE HWO-1 and Erosion Control Plan(SECP)for the proposed project. The SECP will include: rrrlr a) Slope surface stabilization measures, such as temporary mulching, City of Atascadero Resolution No. 2009-016 Page 26 of 28 Conditions of Approval/ Timing Responsibility Mitigation Tarr Mitigation Monitoring Program /Monitoring Measure GP-Grading Permit PS:Planning Services BP'Budding Permit BS:Building Services West Front Vi//age SIP Subdivision FD:Fre Department Improvement Plans PD:Police Department Tentative Tract Map 2009(PLN 2099-0997) FM:Final Map CE:Cily Engineer TO:Temporary WW:wasteNater Occupancy CA City Attorney Tract 2970 FI:Final Inspection AMwC:water corm. F0:Final Occupancy 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 airy the Project site. Mitigation Measure HWQ-2: The developer is responsible for ensuring that all BP,GP PS,BS,CE HWQ-2 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 NOI-1 The applicant will construct acoustic sound walls to BP,GP PS,BS,CE N0I-1 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. Mitigation Measure NOI-2: All construction activities shall comply with the City of BP,GP PS,BS,CE N0I-2 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 amFurthermore, particularly loud noises shall not occur before 8 a.m.on weekdays and City of Atascadero Resolution No. 2009-016 Page 27 of 28 Conditions of Approval/ Timing Responsibility Mitigation �rlrr Mitigation Monitoring Program /Monitoring Measure GP'Grading Permit PS:Planning Services BP*Building Perrot BS:Building Services West Front Vii/age SIP Subdivision FD:Fire Department Improvement Plans PD:Police Department Tentative Tract Map 2009 (PLN 2099-0997) FM:Final Map CE.City Engineer TO:Terrporary WW:Wastewater Occupany CA City Attorney Tract 2970 FI:Final inspection AMWC:Water Corp. FO:Final Occupancy 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 BP,GP PS, BS,CE PUB-1 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 itrrlr 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. Mitigation Measures TRA-1 The following mitigation measures have been identified BP,GP PS, BS,CE TRA-1 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 rtlrlr and/or re-aligning surface streets in addition to the recommendations City of Atascadero Resolution No. 2009-016 Page 28 of 28 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP Grading Permit PS:Planning Services BP*Building Perrit BS:Building Services West Front Vi//age SIP,Subdivision FD:Fre Deadment Improvement Plans PD:Police Department Tentative Tract Map 2009(PLN 2099-0997) FM:Final Map CE.City Engineer TO:Temporary WW:wastewater Occupancy CA City Attorney Tract 2970 FI:Final inspection AMWC:water Cone. F0:Final Occupancy 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 'lair 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`lair-share"of improvements is projected to be 314% [176/(2,011 1451)]. 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 1lllnr 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/EI Camino Real Intersection: Provide for dual northbound left turning movements on EI 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 'lair 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 11811,