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
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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)].
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