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Home My WebLink About2006-017 RESOLUTION NO 2006-017 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING VESTING TENTATIVE TRACT MAP 2005-00769 COMMERCIAL/RESIDENTIAL MIXED USE AIRSPACE CONDOMINIUM TRACT CONSISTENT WITH A MASTER PLAN OF DEVELOPMENT ON APN 029-271-001 (47059 47119 4713 El Camino Real / JRW Group) WHEREAS, an application has been received from JRW Group, Inc. (1900 Spring Street, Paso Robles, CA 93446) Applicant, and Arthur and Mary Jazwiecki, (P O Box 547, Atascadero, CA 93423), Property Owners, to consider a project consisting of a General Plan Amendment from GC (General Commercial) to GC/HDR (General Commercial/Residential High Density Residential-16) and Zone Change from CR (Commercial Retail) to CR/RMF- 16/PD-27 (Commercial Retail/Residential Multi-Family-16 with Planned Development Overlay #27) with a corresponding Master Plan of Development and Vesting Tentative Tract Map on a 1 71-acre site located at 4705, 4711, and 4713 El Camino Real (029-271-001), and, WHEREAS, the Planning Commission has recommended that the site's General Plan Designation be changed from GC (General Commercial) to GC/HDR (General Commercial/High-Density Residential), and, WHEREAS, the Planning Commission has recommended that the site's Zoning District be changed from CR(Commercial Retail) to CR/RMF-16/PD-27 (Commercial Retail/Residential Multi-Family-16/Planned Development Overlay#27), and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2005-0063 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA), and, WHEREAS, the Planning Commission has recommended that the site be rezoned to CR/RMF-16/PD-27 (Commercial Retail/Residential Multi-Family-16/Planned Development Overlay#27) consistent with the Master Plan of Development; 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 Vesting 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 Master Plan of Development; and, City of Atascadero Resolution No.2006-017 Page 2 of 16 WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on January 17, 2006, studied and considered Tentative Tract Map 2005- 0076, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and WHEREAS, the City Council of the City of Atascadero held a public hearing on February 14, 2006 following the close of the review period to consider the Initial Study and Proposed Mitigated Negative Declaration, and, NOW THEREFORE, the City Council of the City of Atascadero takes the following actions SECTION 1 Findings of Approval for Vesting Tentative Tract Map The City Council of the City of Atascadero finds as follows 1 The proposed subdivision, design and improvements as conditioned, is consistent with the General Plan and applicable zoning requirements, including provisions of the PD-27 overlay district. 2 The proposed subdivision, as conditioned, is consistent with the proposed Planned Development Overlay Distnct#27 Master Plan of Development(CUP 2005-0170) 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 inure fish and wildlife or their habitat. 6 The design of the subdivision will not conflict with easements acquired by the public at large for access through, or the use of property within, the proposed subdivision, or substantially equivalent alternative easements are provided. 7 Covenants, Conditions and Restrictions (CC&R's) or equivalent shall be required that incorporate the Master Plan of Development conditions of approval to ensure that the site retains the proposed qualities (architecture, colors, materials,plan amenities, fencing, and landscaping) over time 8 The proposed subdivision design and type of improvements proposed will not be detrimental to the health, safety or welfare of the general public City of Atascadero Resolution No.2006-017 Page 3 of 16 SECTION 2. Approval. The City Council of the City of Atascadero, in a regular session assembled on February 14, 2006, resolved to approve Vesting Tentative Tract Map (TTM 2005-0076) subject to the following: 1 Exhibit A. Vesting Tentative Tract Map 2005-0076 2 Exhibit B Conditions of Approval /Mitigation Monitoring Program. On motion by Mayor Pro Tem Pacas and seconded by Council Member Clay, the foregoing resolution is hereby adopted in its entirety by the following roll call vote AYES Council Members Clay, Luna, Pacas and Mayor O'Malley NOES None ABSTAIN None ABSENT Council Member Scalise ADOPTED February 14, 2006 CI OF 1 CA Tom O'Malley, Mayo ATTEST Marcia McClure Torgerson, C.M.0 , ity Clerk APPR E �FO , 1 atric J-nr ity Attorney City of Atascadero Resolution No.2006-017 Page 4 of 16 Exhibit A:Vesting Tentative Tract Map +y� Ile r! 1 Jfl a a �Ilrrr City of Ataseadero Resolution No.2006-017 Page 5 of 16 Exhibit B: Conditions of Approval/Mitigation Monitoring Program Tentative Tract Map 2005-0076 Conditions of Approval/ Timing Responsibilit Mitigation Mitigation Monitoring Program y/Monitoring Measure GP Grading Pemd PS:Planning Services BP Building Permit BS:Buldng Sw*es 4705,4711, 4713 EI Camino Real SIP Subdivision FD:Fire Department Vesting Tentative Tract Map Improvement�tPlans ce:c�n nt TTM 2005-0076 TO:Temporary WR Wastewater Occupancy CA,City Allomey FI:Final inspection AMWC:Water Comp. FOr.Final Occupancy Planning Services 1 The approval of this use permit shall become final and effective for the FM PS purposes of issuing building permits thirty(30)days following the City Council approval of ZCH 2005-0104 and ZCH 2005-0105 upon second reading,unless prior to that time an appeal to the decision is filed as set forth in Section 9-1 111(b)of the Zoning Ordinance. 2. Approval of this Tentative Tract Map shall be valid for two years after its FM PS effective date. At the end of the period, the approval shall expire and become null and void unless an extension of time is granted pursuant to a written request received prior to the expiration date. 3. The Community Development Department shall have the authority to FM PS approve minor changes to the project that (1) result in a superior site design or appearance, and/or (2) address a design issue that is not substantive to the Tentative Tract Map and that the Final Map is in substantial conformance with the Tentative Map. 4 The granting of this entitlement shall apply to the property located at On going PS 4750, 4711 and 4713 EI Camino Real (APN 029-271-001) regardless of owner 5 The Final Map shall be drawn in substantial conformance with the FM PS approved tentative map, and in compliance with all conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 6. The subdivider shall defend, indemnify and hold harmless the City of FM PS Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city or any of its entities, concerning the subdivision. 7 The Tract Map shall be subject to additional fees for park or recreation FM PS purposes(QUIMBY Act)as required by City Ordinance. 8. The emergency services and facility maintenance costs listed below BP PS shall be 100%funded by the project in perpetuity The service and maintenance costs shall be funded through a community facilities district established by the City at the developer's cost. The funding mechanism must be in place prior to or concurrently with acceptance of the final maps. The funding mechanism shall be approved by the City Attorney City Engineer and Administrative Services Director prior to acceptance of any final map. The administration of the above City of Atascadero Resolution No.2006-017 Page 6 of 16 Conditions of Approval/ Timing Responsibirit Mitigation Mitigation Monitoring Program y/Monitoring Measure GP Gr4ng Permit PS:Planing Services BPI Building Pemit BS:Balding Services 4705,4711,4713 El Camino Real SIP Subdwision FD:Fiireoepartrrent Vesting Tentative Tract Map FM Fal Plansravernent cecAEr4r�m TTM 2005-0076 To:Tenpoaupancy A,y CC:Wastewater cwancy �Atbrney Fl:Final inspection AMWC:Water Carp. FOv.Final Occupancy mentioned funds shall be by the City Developer agrees to participate in the community facilities district and to take all steps reasonably required by the City with regard to the establishment of the district and assessment of the property ■ All Atascadero Police Department service costs to the project. ■ All Atascadero Fire Department service costs to the project. • Off-site common City of Atascadero park facilities maintenance service costs related to the project. 9 All tract maintenance costs listed below shall be 100% funded by the BP PS project in perpetuity The service and maintenance cost shall be funded through a Home Owners Association established by the developer subject to City approval. The Home Owners Association must be in place prior to, or concurrently with acceptance of any final maps. The Home Owners 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,shall be the responsibility of the Home Owners Association. • All streets, bridges, sidewalks, streetlights, street signs, roads, emergency access roads, emergency access gates, and sewer mains within the project. • All parks,trails, recreational facilities and like facilities. • All open space and native tree preservation areas. • All drainage facilities and detention basins. ■ All common landscaping areas, street trees, medians parkway planters manufactured slopes outside private yards, and other similar facilities. ■ All frontage landscaping and sidewalks along arterial streets. 10 This condition left intentionally blank. n/a n/a 11 This condition left intentionally blank. n/a n/a 12. Prior to final map, the applicant shall submit CC&Rs for review and BP PS approval by the Community Development Department. The CC&R's shall record with the Final Map and shall include the following: a) Provisions for maintenance of all common areas including access,parking,street trees,fencing and landscaping. City of Atascadero Resolution No.2006-017 Page 7 of 16 Conditions of Approval/ Timing Responsibilit Mitigation Mitigation Monitoring Program y/Monitoring Measure GP Gradrg Perrtit PS:Planning Services BP,Bwlding Pemit BS:Budding Services 4705,4711,4713 El Camino Real SIP,Sub&visbn FO:FreDepatwit Improvemat Plans PD:Police Deparbnent Vesting Tentative Tract Map FM:Final Map CE City Engineer TTM 2005-0076 Ta.Temporary ww:waswwater Occupancy Ck GA'Aftxney FI:Final inspecllon AMWC:waw Conp F0:Final Occupancy 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. 13 Affordable Housing Requirement: The applicant shall deed restrict the GP/BP PS, CA following for-sale residential units for 45 years and for-rent residential units for 55 years,and prior to or concurrently with the final map as follows: ■ 6 units at the low-income rate. All units shall be distributed throughout the project,subject to staff approval. 14 Workforce Housing: Prior to recordation of final map the applicant shall BP PS,CA enter into a legal agreement with the City to reserve%2 of the units for sale to residents or workers within the City of Atascadero,including the affordable units. The agreement shall include the following provisions: ■ The units shall be offered for sale to residents or workers within the City of Atascadero for a minimum of 60-days. During this time period offers may only be accepted from Atascadero residents or workers; ■ The applicant shall provide reasonable proof to the City that at least one of the qualified buyers is a resident or worker within the City Limits of Atascadero; ■ The Atascadero resident or worker restriction shall apply to the initial sale only ■ The applicant shall identify which units will be reserved;and The City Attorney shall approve the final form of the agreement. 15 At the time of submittal for Final Map and prior to recordation of Tract FM PS 2817 a full size exhibit shall be submitted locating all footprints of the individual buildings. 16 At the time of submittal for Final Map and prior to recordation of Tract FM PS/CE 2817 a condominium plan shall be submitted for review and approval by the Community Development and Public Works Departments. City of Atascadero Resolution No.2006-017 Page 8 of 16 Conditions of Approval/ Timing Responsibilit Mitigation Mitigation Monitoring Program y/Monitoring Measure GP'Gradng Peart PS:Planning Services BP,BuAding Pemit BS:Building Services 4705,4711,4713 EI Camino Real SIP Subdivision FD:FreDepar6rent Improvement Plans PD:Ponce Departrnent Vesting Tentative Tract Map FM:Final Map CE.City Engineer TTM 2005-0076 To:Temporary WK wastewater occupancy CA CRy Attorney FI:Final inspedion AMWC:water Carp. FG.Finaloxuparcy City Engineer STANDARD CONDITIONS 17 In the event that the applicant is allowed to bond for the public BP, GP CE improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 18. An engineer's estimate of probable cost shall be submitted for review FM CE and approval by the City Engineer to determine the amount of the bond. 19 The Subdivision Improvement Agreement shall record concurrently with FM CE the Final Map. 20 The applicant shall enter into a Plan Check/Inspection agreement with FM CE the City 21 A six (6) foot Public Utility Easement (PUE) shall be provided BP,GP CE contiguous to the EI Camino Real property frontage. �11r+ 22. The applicant shall acquire title interest in any off-site land that may be BP,GP CE required to allow for the construction of the improvements. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress and egress is affected by these improvements. 23 Slope easements shall be obtained by the applicant as needed to FM CE accommodate cut or fill slopes. 24 Drainage easements shall be obtained by the applicant as needed to FM CE accommodate both public and private drainage facilities. 25. A preliminary subdivision guarantee shall be submitted for review in FM CE conjunction with the processing of the parcel map. 26. The final map shall be signed by the City Engineer prior to the map FM CE being placed on the agenda for City Council acceptance. 27 Prior to recording the parcel map,the applicant shall pay all outstanding FM CE plan check/inspection fees. 28 Prior to recording the map, the applicant shall complete all FM CE improvements required by these conditions of approval. 29. Prior to recording the parcel map,the applicant shall set monuments at FM CE all new property comers. 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 City of Atascadero Resolution No.2006-017 Page 9 of 16 Conditions of Approval/ Timing Responsibilit Mitigation Mitigation Monitoring Program y/Monitoring Measure GP-Grading Pont PS:Planning Services BF Building Penrit BS:Building Services 4705,4711,4713 EI Camino Real SIP,Subdivision FD:Fire Departnent Plans PD:Police Vesting Tentative Tract Map FM Final M`p CE:City Engineer DepatTienil TTM 2005-0076 TO:Temporary WW:Wastewater Occupancy Ca cny anorney Fl:Final inspection AMWC:Water Comp. FO:Final Occupancy sufficient to enable the survey to be retraced. 30 Prior to recording the parcel map, the applicant shall submit a map FM CE drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 31 All existing and proposed utility pipeline, open space, or other FM 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 32. Prior to recording the parcel map, the applicant shall have the map FM CE reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company indicating their review of the map. The letter shall identify any new easements that may be required by the utility company A copy of the letter shall be submitted to the City New easements shall be shown on the parcel map. 33. Prior to the issuance of building permits the applicant shall submit plans FM CE 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 Mitigation Measures Exhibit A Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure EI Camino Court-General Plan Amendment 2005-0015/Zone Change 2005- GF`Grading Pemm PS.Planning Services BP Building Pemit BS:Building Services 0104/Zone Change 2005-0105/Conditional Use Permit 2005-0170/TTM TO:Temporary FD:Fine Depatnent 2005-0076 Occupancy PD:Ponce Departnent FI:Final irspection CE City Engineer F0:Final WW:Wastewater A 4705,4711 4713 EI Camino Real Occupancy my AMWQWaterCarq. Mitigation Measure 1.c.1. The following landscape mitigations shall apply' BP BS,PS,CE 1.c.1 ■ Fencing shall be complimentary in color and material to the proposed architectural theme. ■ The project landscaping shall include street trees along EI Camino Real street frontage. r All proposed trees shall be shade trees of 15-gallon minimum size City of Atascadero Resolution No.2006-017 Page 10 of 16 Conditions of Approval! Timing Responsibilit Mitigation Mitigation Monitoring Program y/Monitoring Measure GP Grading Permit PS.Planning Services BP Bu16ng Pemit BS.BuilNYrg Services 4705,4711,4713 EI Camino Real SIP'Subdiv&n FD:FireDeparfiient Improvernent Plans PD:Police Depar6nent Vesting Tentative Tract Map FM:Final Map CE:CihyEngineer TTM 2005-0076 �up�a" WW: A Gry nay R:Final inspection AMWC:Water Corny. F0:Final Occupancy and shall be double staked Mitigation Measure 1.c.2: The proposed buildings shall include the use of BP BS,PS,CE 1.c.2 earth tone paint and roof colors. Mitigation Measure 1.d.1 If exterior parking lot lighting is proposed,it shall BP BS,PS,CE 1.d.1 be 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 luminary pole height shall not exceed 14-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 site. Fixtures shall be shield cut-off type and compatible with neighborhood setting,subject to staff approval Mitigation Measure 3.b.1 The project shall be conditioned to comply with all BP GP BS,PS,CE 3.b.1 applicable District regulations pertaining to the control of fugitive dust(PM- 10)as contained in sections 6.3 6 4 and 6.5 of the April 2003 Air Quality Handbook. Section 6.3. Construction Equipment ■ Maintain all construction equipment in proper tune according to manufacturer's specifications. • Fuel all off-road and portable diesel powered equipment, including but not limited to bulldozers,graders, cranes,loaders,scrapers,backhoes generator sets,compressors, auxiliary power units,with ARB certified motor vehicle diesel fuel(Non-taxed version suitable for use off-road). ■ Maximize to the extent feasible,the use of diesel construction equipment meeting the ARB's 1996 or newer certification standard for off-road heavy-duty diesel engines. ■ Install diesel oxidation catalysts(DOC),catalyzed diesels particulate filters(CDPF)or other District approved emission reduction retrofit services(Required for projects grading more than 4 0 acres of continuously worked area). Section 6.4. Activity Management Techniques ■ Develop a comprehensive construction activity management plan designed to minimize the amount of large construction equipment operating during any given time period • Schedule of construction truck trips during non-peak hours to reduce peak hour emissions. ■ Limit the length of the construction workday period, if necessary ■ Phase construction activities, if appropriate. Section 6.5. Fugitive PM10 All of the following measures shall be included on grading,demolition and building plan notes: A. Reduce the amount of the disturbed area where possible. B Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency will be required whenever windspeeds exceed 15 mph. City of Atascadero Resolution No.2006-017 Page 11 of 16 Conditions of Approval/ Timing Responsibilit Mitigation r Mitigation Monitoring Program y/Monitoring Measure GP Grading Perm t PS:Planning Services BP Building Pemrt BS:Bugling Services 4705,4711,4713 EI Camino Real SIP Subdivision FD:Fire Depar4nent Improvement Plans PD:Police Departinent Vesting Tentative Tract Map FM:Final Map CE:City Engineer TTM 2005-0076 TO:Temporary WW.Wastewater Occupancy CA CityAllaney FI:Final inspection AMWC:Water Comp. FOr.Final occupancy Reclaimed (non-potable)water should be used whenever possible C All dirt stockpile areas shall be sprayed daily as needed D Permanent dust control measures identified in the approved project re-vegetation and landscape plans shall be implemented as soon as possible following completion of any soil disturbing activities. E. Exposed ground areas that designated for reworking at dates greater than one month after initial grading shall be sown with a fast-germinating native grass seed and watered until vegetation is established. F All disturbed soil areas not subject to re-vegetation should be stabilized using approved chemical soil binder jute netting,or other methods approved in advance by the APCD G. All roadways driveways,sidewalks etc,to be paved shall be complete as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used H Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. I All trucks hauling dirt,sand soil,or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer)in accordance with CVC Section 23114 J Install wheel washers where vehicles enter and exit unpaved roads onto streets, or was off trucks and equipment leaving the site. K. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. L. The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary to prevent transport of dust off site The name and telephone number of such persons shall be provided to the APCD prior to land use clearance for map recordation and land use clearance for finish grading of any structure. Mitigation Measure 4.e.1 Grading and excavation and grading work shall BP PS,BS 4.e.1 be consistent with the City of Atascadero Tree Ordinance Special precautions when working around native trees include 13.AI1 existing trees outside of the limits of work shall remain. 14 Earthwork shall not exceed the limits of the project area. 15.Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 16.Vehicles and stockpiled material shall be stored outside the dripline of all trees. 17 All trees within the area of work shall be fenced for protection with 4- foot chain link,snow or safety fencing placed per the approved tree protection plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing shall remain in place until completion of all construction activities. 18 Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. City of Ataseadero Resolution No.2006-017 Page 12 of 16 Conditions of Approval/ Timing Responsibilit Mitigation rr Mitigation Monitoring Program y Monitoring Measure GP Grading Permit PS.Planning Services BP Building Pemit BS.Budding Services 4705,4711,4713 El Camino Real SIP Subdivision FD:Fn:Departrnent Improvement Plans PD:Police Departinent Vesting Tentative Tract Map FM:Final Map CE:City Engineer TTM 2005-0076 TO:T&T ay WW:wastewater occupan y CA City Atlomey A:Final inspection AMWC:Water Comp. F0:Final Occupancy Mitigation Measure 4.e.2: All recommendations contained within the BP PS,BS 4.e.2 project arborists report prepared by Tree Resources Assessment, Barbella's Tree Service shall be applied to the proposed project in terms of each native tree proposed for removal and each tree within the project area subject to potential impact. All native tree impact/replacements shall be per the Atascadero Municipal Code Section 9-11 105. Mitigation Measure 4.e.3- The developer shall contract with a certified BP PS,BS 4.e.3 arborist during all phases of project implementation. The certified arborists shall be responsible for monitoring the project during all phases of construction through project completion,as follows. (a) A written agreement between the arborist and the developer outlining an arborist monitoring schedule for each construction phase through final inspection shall be submitted to and approved by planning staff prior to the issuance of building/grading permits. (b) Arborist shall schedule a pre-construction meeting with engineering /planning staff grading equipment operators, project superintendent to review the project conditions and requirements prior to any grubbing or earth work for any portion of the project site. All tree protection fencing and trunk protection shall be installed for inspection during the meeting. Tree protection fencing shall be installed at the line of encroachment into the tree s root zone area. (c) As specified by the arborist report and City staff• ■ Prune all trees in active development areas to be saved for structural strength and crown cleaning by a licensed and certified arborist; ■ Remove all debris and spoils from the lot cleaning and tree pruning. ■ In locations where paving is to occur within the tree canopy grub only and do not grade nor compact. Install porous pavers over a three-inch bed of/.inch granite covered with one-inch pea gravel for screeding. If curbs are required, use pegged curbs to secure the porous pavers. Pegged curbs are reinforced six to eight curbs poured at grade with a one-foot by one-foot pothole every four to six linear feet. • All trenching or grading within the protected root zone area,outside of the tree protection fence shall require hand trenching or preserve and protect roots that are larger than 2 inches in diameter ■ No grading or trenching is allowed within the fenced protected area. ■ Any roots that are 4 inches in diameter or larger are not to be cut until inspected and approved by the on-site arborist. (d) Upon project completion and prior to final occupancy a final status report shall be prepared by the project arborist certifying that the tree protection plan was implemented, the trees designated for protection were protected during construction, and the construction-related tree protection measures are no longer required for tree protection. parr City of Atascadero Resolution No.2006-017 Page 13 of 16 Conditions of Approval I Timing Responsibilit Mitigation Mitigation Monitoring Program y/Monitoring Measure GP Grading Permit PS:Planning Services BP Buicling Penrit BS:Building Services 4705,4711,4713 EI Camino Real SIP SubdrvislonFD:FireDeparhnent IngroMWt Plans PD:Poke Department Vesting Tentative Tract Map FM:Final Map CE:CityEnginm TTM 2005-0076 TO:TempomY WW:Waste�er occupancy CA CAy r FI:Final inWection AMWC:Water Comp. F0:Final Occupancy Mitigation Measure 4.e.4 All tree removals identified in the Tree Resources BP PS,BS 4.e.4 Assessment, dated 7/19/05 shall be mitigated as prescribed by the Atascadero Native Tree Ordinance. Mitigation Measure 5.b.1 Design an appropriate Phase II archaeological GP PS,BS,CE 5.b.1 sampling strategy Mitigation Measure 5.b.2. Monitoring of all earth disturbance by a qualified GP PS,BS,CE 5.b.2 subsurface archaeologist and native monitor during construction activities. Mitigation Measure 5.b.3 Cultural soils must remain on site of they are GP PS,BS,CE 5.b.3 moved and/or disturbed Mitigation Measure 6.b.1 The grading permit application plans shall include BP,GP PS,BS,CE 6.b.1 erosion control measures to prevent soil,dirt,and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shalt be subject to review and approval of the City Engineer at the time of Building Permit application. Mitigation Measure 6.c.1. A soils report shall be required to be submitted BP,GP PS,BS,CE 6.c.1 with a future building permit by the building department. Mitigation Measure 7.b.1 Per the Phase I Environmental Site Assessment, BP PS 7.b.1 further investigation of the former commercial building area is necessary to better determine if the site had been adversely impacted by previous auto garage or painting use _ Mitigation Measure 8.e.f.1 The developer is responsible for ensuring that GP PS,BS,CE 8.e.f.1 all contractors are aware of all storm water quality measures and that such measures are implemented Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices citations or stop orders fir° City of Atascadero Resolution No.2006-017 Page 14 of 16 Conditions of Approval/ Timing Responsibilit Mitigation Mitigation Monitoring Program y/Monitoring Measure GP'Grading Permit PS:Planning Services 4705,4711, 4713 EI Camino Real �Su D:FiveDeparhnent Vesting Tentative Tract Map Iniproverent FNNI:F Plans CE:PCkyEngmeerpatnent TTM 2005-0076 T0:Temporary CC:wastewater A Occupancy City A" FI:Final inspection AMWQ Water Camp. F0:Final Occupancy Mitigation Measure 11.d.1 All construction activities shall comply with the BP,GP PS,BS,CE 11.d.1 City of 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 Further particularly loud noises shall not occur before 8 a.m. on weekdays and not at all on weekends.The Community Development Director upon a determination that unusually loud construction activities are having a significant impact on the neighbors may modify the hours of construction. 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. Staff shall approve the details of such a sign during the Grading Plan/Building Permit review process. City of Atascadero Resolution No.2006-017 Page 15 of 16 Conditions of Approval/ Timing Responsibilit Mitigation II%W Mitigation Monitoring Program y/Monitoring Measure GP Grading Permit PS.Planning Services BP'Bulding Pemrt BS.Building Services 4705, 4711,4713 EI Camino Real SIP'Subdivision FD:Fire Deparinent IrnprovA rnent Plans PD:Police Departnent Vesting Tentative Tract Map FM:FnalMap CE.City Engineer TO.Tempora y WW:Wastewater TTM 2005-0076 Occupancy Cn C4 Attorney FI:Final inspection AMWC:Water Comp. F0:Final Occupancy BP,GP PS,BS,CE 13.1 Mitigation Measure 13.1 Project Road and Landscape Maintenance and Emergency Services Funding: The emergency services and road maintenance costs of the project shall be 100% funded by the project in perpetuity The service and maintenance cost may be funded through a benefit assessment district or other mechanism established by the developer subject to City approval. The funding mechanism must be in place prior to or concurrently with acceptance of the 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 funds and the coordination and performance of maintenance activities 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. c) All streets, sidewalks, streetlights, street signs, roads, emergency yam„ access roads, emergency access gates, and sewer mains within the project. d) All parks,trails recreational facilities and like facilities. e) All open space and native tree preservation areas. f) All drainage facilities and detention basins. g) All common landscaping areas, street trees medians parkway planters manufacture slopes outside private yards and other similar facilities h) All drainage facilities and detention basins. i) All common landscaping areas, street trees, medians, parkway planters manufacture slopes outside private yards, and other similar facilities. City of Atascadero Resolution No.2006-017 Page 16 of 16 Conditions of Approval/ Timing Responsibilit Mitigation Mitigation Monitoring Program y/Monitoring Measure GP'Gracing Perm t PS.Planning Services BP'Building Pent BS.Buacing Services 4705,4711,4713 EI Camino Real SIP'Subdivision FD:FreDepartnert Improvernent Plans PD:Police Department Vesting Tentative Tract Map FM:Final Map CE:City Engineer TO:Temporary WW:Wastewater TTM 2005-0076 Occupancy CA.,Cay naomey FI:Final inspection ANIWC:Water gyp• F0:Final Occupancy Mitigation Measure 15.a The project shall widen west bound San Anselmo BP PS,BS,CE 15.a between the US 101 north bound on-ramp and the K-mart driveway to provide a landscaped median,two west bound lanes and a bike lane This work will require approval by Caltrans. This improvement will provide a dedicated lane for traffic entering the US 101 north bound on ramp which will improve the operation of the US 101 north bound off ramp and east and west bound San Anselmo This project is required to pay Development Impact Fee per the Circulation System of Atascadero. The design and construction of these improvements is eligible for credit to the fees. The actual design and construction costs must be submitted to the City for credit.Administration of designing approval and construction of these improvements is not eligible for credit to the fees. `fir►' ,%W-