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HomeMy WebLinkAbout2006-090 RESOLUTION NO 2006-090 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 2005-0171 (MASTER PLAN OF DEVELOPMENT) ON APN 049-022-011 (2865 Ferrocarril Road / Tharp/Beck) WHEREAS, an application has been received from Gary Tharp and Jim Beck (2865 Ferrocarril Road, CA 93422), Owner and Applicants, to consider a project consisting of a Zone Change from RS (Residential Suburban) to RS / PD-16 (Residential Suburban with Planned Development Overlay #16) with the adoption of a Master Plan of Development, and a five-lot residential Tentative Tract Map on APN 049-022-011, and, WHEREAS, the site's General Plan Designation is SE (Suburban Estates), and, WHEREAS, the Planning Commission has recommended that the site's Zoning District be changed from RS (Residential Suburban) to RS/PD-16 (Residential Suburban/Planned Development Overlay#16), and, WHEREAS, the PD-16 requires the adoption of a Master Plan of Development, approved in the form of a Conditional Use Permit; and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2006-0022 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA), and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to, and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Change application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Master Plan of Development; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on August 15, 2006, studied and considered the Master Plan of Development (CUP 2005-0171), after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing held on September 26, 2006, studied and considered Conditional Use Permit 2005-0171 (Master Plan of Development), after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and, City of Atascadero Resolution No 2006-090 Page 2 of 16 NOW, THEREFORE, the City Council of the City of Atascadero takes the following actions SECTION 1 Findings for Approval of Conditional Use Permit. The City Council finds as follows 1 The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual, and, 2 The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) including the PD-16 Ordinance, and, 3 The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, 4 That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5 That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the r surrounding neighborhood that would result from full development in accordance with the Land Use Element. 6 The Master Plan of Development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area, and 7 Benefits derived from the Master Plan of Development and PD-16 overlay zone cannot be reasonably achieved through existing development standards or processing requirements, and, SECTION 2. Approval. The City Council of the City of Atascadero, in a regular session assembled on September 26, 2006, resolved to approve Conditional Use Permit 2005- 0171 (Master Plan of Development) subject to the following: 1 EXHIBIT A. Conditions of Approval/ Mitigation Monitoring Program 2 EXHIBIT B Master Plan of Development �rlrr City of Atascadero Resolution No 2006-090 Page 3 of 16 err+' On motion by Council Member Clay and seconded by Council Member Pacas, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote AYES Council Members Clay, Pacas and Mayor O'Malley NOES None ABSENT Council Member Luna One Vacancy ADOPTED September 26, 2006 CITY OF ATASCADER G B y. _ Tom O' alley, Mayor ATTEST khalild4�— VXlkf-t-- Marcia McClure Torgerson, C M.0 , City lerk APPR VD AS RM PatricklAfight, City Attorney City of Atascadero Resolution No 2006-090 Page 4 of 16 err►' EXHIBIT A:Conditions of Approval/Mitigation Monitoring Program PO-16 Master Plan of Development(CUP 2005-0171/ZCH 2005-0107/TTM 2004-0059) Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program (Monitoring Measure PS.Planning Services BL Business License BS.Building Services 2865 Ferrocarril Road OP Grading Per-nit FD:Fie Deparknent BP Building Permit PD:Police Departrent PD-16 Master Plan of Development Fl:Final Inspection CE.City Engineer TO:Teaporary WW Wastewater CUP 2005-0171/ZCH 2005-0107/TTM 2004-0059 pawanc Ca Cityna«ney F0:Final Occupancy Planning Services 1 The approval of this conditional use permit shall become final and BP PS effective following City Council approval. 2. Approval of this Conditional Use Permit shall be valid for twenty-four(24) FM PS months after its effective date At the end of the period,the approval shall expire and become null and void unless the project has received a building permit. 3 Subsequent changes to the Master Plan of Development shall be On-going PS approved by the Planning Commission,independent of Council action. 4 The Community Development Department shall have the authority to BP/FM PS approve the following minor changes to the project the(1)modify the site plan project by less than 10%, (2)result in a superior site design or appearance,and/or(3)address a construction design issue that is not substantive to the Master Plan of Development. The Planning Commission shall have the final authority to approve any other changes to the Master Plan of Development and any associated Tentative Maps. Any other changes to the Master Plan of Development shall be subject to City Council approval.Any associated Tentative Maps shall be subject to Planning Commission approval 5 The applicant shall defend,indemnify and hold harmless the City of ongoing 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. 6 All site work,grading,and site improvements shall be consistent with the BP/FM PS Master Plan of Development as shown in EXHIBIT B 7 All subsequent Maps and construction permits shall be consistent with BP/FM PS the Master Plan of Development contained herein and the Tentative Tract Map 8 Prior to recordation of the final map the applicant shall submit,for review BP PS and approval: - Fencing plan,including materials and treatments fir - Trail signing Ian City of Atascadero Resolution No 2006-090 Page 5 of 16 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program (monitoring Measure PS:Planning Ser es BL.Business License BS:Budding Services 2865 Ferrocarril Road OP Grading Pern-A FD:FoeDeparhnent BR Building Pertrd PD:Police Depatrnent PD-16 Master Plan of Development Fl:Final Inspection CE City Engineer TO:Temporary WW.Wastewater CUP 2005-0171/ZCH 2005-0107=M 20040059 occupancy CA,City/ftxney FO Final Occupancy ■ Landscaping plan for all disturbed site area. • Project shall not be gated. 9 Affordable Housing Requirement: The applicant shall either deed restrict FM, BP PS,CE a minimum of 1 residential unit for 30 years at a moderate income rate with recordation of the final map or shall pay an in lieu fee equal to 5%of the construction valuation of each unit built in the tract including the existing house. 10 Workforce Housing: FM, BP PS,CE Prior to recordation of final map, the applicant shall 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, °111111rir" ■ 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. 11 The emergency services and facility maintenance costs listed 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. 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 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. 12. All tract maintenance costs listed below shall be 100% funded by the project in perpetuity The service and maintenance cost shall be funded City of Atascadero Resolution No 2006-090 Page 6 of 16 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS.Planning Services BL.Business License BS.Budding Semes 2865 Ferrocarril Road GP Grading Permit FD:Fre Depatrient BP Building Pemd PD:Police Depatnent PD-16 Master Plan of Development Fl:Final Inspection CE City Engineer T0:Temporary WW:Wastewater CUP 2005-0171/ZCH 2005-0107/TTM 20040059 Occupancy C^City Attorney F0:Final Occupancy through a Maintenance Agreement established by the developer subject to City approval. The Agreement must be in place prior to, or concurrently with acceptance of any final maps. The Agreement 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. • 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 creeks flood plains floodways wetlands and riparian habitat areas. 13 In conjunction with the recordation of the final tract map,the developer FM PS,CE shall record an Open Space Easement and a Pedestrian Access Easement,reviewed and approved by the Community Development Department. These easements shall also be shown on the face of the final tract map and shall be consistent with the easement shown on the approved tentative tract map. 14 The Developer shall construct a Class 1 trail for pedestrian and BP/GP PS/PW equestrian access. The trail shall begin on the north side of the Paseo Del Lago and Chico Road intersection and shall extend northerly across the project property to the property boundary with the Atascadero Mutual Water Company's 'River Parcel. The trail shall meet the following requirements: • The trail shall be 6 feet wide along the Chico Road extension,widening to 8-feet within the Open Space Easement crossing the project property ■ The trail shall be constructed with a decomposed granite finished surface. • The Chico Road improvements and construction of the trail shall be in conformance with all City requirements and the agreement entered into between Mr Beck and Mr Munoz,dated August 23,2006. Building Services 15 A soils investigation prepared by a licensed Geotechnical Engineer is BP FM to be provided for the project. The report is to be provided at the time of building permit submittal along with the building plans for review by r the Building Division. Recommendations contained in the report are to City of Atascadero Resolution No 2006-090 Page 7 of 16 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program (monitoring Measure PS:Planning Services BL.Business License BS:Building Services 2865 Ferrocarril Road OP GradingPyrint FD:FiireDeparinant BR Building Permit PD:Police Depalinent PD-16 Master Plan of Development FI:Final Inspection CE.City Engineer TO:Tenporary WW:Wastewater CUP 2005-0171/ZCH 2005-0107/TTM 20040059 Occupancy CA CityAgorney F0:Final Occupancy be incorporated into the project plans Fire Marshal 16. All street names shall be reviewed and approved by the Community FM PS, FD,PD Development Department,the Fire Department, and the Police Department. Street names and addresses shall be approved and assigned prior to recordation of the final map 17 Note on plans that fire lanes shall be delineated to restrict parking as BP PS/FD required by the Fire Authority Engineering Conditions: City Engineer Project Conditions 18. Applicant shall construct the extension of Chico Road to the 401A City BP CE Standard modified as shown on the tentative map. 19 A railing shall be provided along the top of the retaining wall on Chico GP,BP CE,BS Road adjacent to the horse trail/pedestrian access in conformance with the California Building Code City Engineer Standard Conditions 20 In the event that the applicant bonds for the public improvements GP BP CE required as a condition of this map the applicant shall enter into a Subdivision Improvement Agreement with the City Council 21 An engineer's estimate of probable cost shall be submitted for review and GP BP CE approval by the City Engineer to determine the amount of the bond. 22. The Subdivision Improvement Agreement shall record concurrently with FM CE the Final Map. 23 A six(6)foot Public Utility Easement(PUE)shall be provided contiguous GP BP CE to the property frontage. 24 The applicant shall acquire title interest in any off-site land that may be GP,BP CE required to allow for the construction of the improvements. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress and egress is affected by these improvements. 25 Slope easements shall be obtained by the applicant as needed to GP, BP CE accommodate cut or fill slopes. 26. Drainage easements shall be obtained by the applicant as needed to GP, BP CE vow City of Atascadero Resolution No 2006-090 Page 8 of 16 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS.Planning Services BL.Business License BS.Building Services 2865 Ferrocarril Road OP ung Pennit FD:Fn;Deparhnent BP'Budding Pemrt PD:Police Depatrnent PD-16 Master Plan of Development FI:Finallnspecton CE.City Engineer TO:Tenporary WW.Wastewater CUP 2005-0171/ZCH 2005-0107/17M 20040059 Dccupaxy CA City Attorney FO:Final Occupancy accommodate both public and private drainage facilities. 27 A preliminary subdivision guarantee shall be submitted for review in FM CE conjunction with the processing of the tract map. 28. The final map shall be signed by the City Engineer prior to the map being FM CE placed on the agenda for City Council acceptance. 29. Prior to recording the tract map the applicant shall pay all outstanding FM CE plan check/inspection fees. 30 Prior to recording the map the applicant shall bond for or complete all FM CE improvements required by these conditions of approval 31 Prior to recording the tract map the applicant shall bond for or set FM CE monuments at all new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the 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. �11>fi► 32. Prior to recording the tract map the applicant shall submit a map drawn FM CE in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 33. 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 34 Prior to recording the tract map the applicant shall have the map FM CE reviewed by all applicable public and private utility companies (cable, telephone gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company indicating their review of the map The letter shall identify any new easements that may be required by the utility company A copy of the letter shall be submitted to the City New easements shall be shown on the parcel map. 35. Prior to the issuance of building permits the applicant shall submit plans GP,BP 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 36 Submit calculations to support the design of any structures or pipes. GP BP CE Closed conduits shall be designed to convey the 10-year flow with gravity flow, the 25-year flow with head, and provide safe conveyance for the City of Atascadero Resolution No 2006-090 Page 9 of 16 / Timing Responsibility Mitigation Conditions of Approval (Monitoring Measure Mitigation Monitoring Program PS.Planning Serv;ces BL.Business License BS.Building Services 2865 Ferrocarril Road OP GradingPynnit FD:Fre Department BP Building Permit PD:Police Department PD-16 Master Plan of Development FI:Final Inspection CE:City Engineer TO:Temporary WW'Wastewater CUP 2005-0171/ZCH 2005-0107/TTM 20040059 Occupancy CA City Mornay F0:Final Occupancy 100-year overflow 37 Show the method of dispersal at all pipe outlets. Include specifications for GP,BP CE size&type 38. Concentrated drainage from off-site areas shall be conveyed across the GP, BP CE project site in drainage easements. Acquire drainage easements where needed Drainage shall cross lot lines only where a drainage easement has been provided If drainage easement cannot be obtained the storm water release must follow the exact historic path, rate and velocity as prior to the subdivision. 39 Applicant shall submit erosion control plans and a Storm Water Pollution GP BP CE Prevention Plan (SWPPP). A SWPPP is required where greater than 1 acre is disturbed by construction of the project. The Regional Water Quality Control Board shall approve the SWPPP 40 All public improvements shall be constructed in conformance with the GP BP CE City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer 41 The on-site residential streets shall be improved consistent with the GP, BP CE Tentative Tract Map 42. Off-site streets shall be improved consistent with the Tentative Tract Map GP, BP CE 43. Alignment of frontage improvements shall be approved by the City GP BP CE Engineer 44 A mechanism to provide for the funding of maintenance for lighting,street GP BP CE improvements, special paving surfaces, sewer storm drain, common area landscape open space and/or hardscape shall be provided. 45 All utilities shall be undergrounded on project frontage GP, BP CE AMWC Conditions 46. Before issuance of building permits the applicant shall obtain a 'Will Serve letter from AMWC for the newly created lots within the subdivision. Mitigation Measures Mitigation Measure 1.c.1 Individual units shall be painted with earth toned BP PS colors All materials shall be high quality and designed to blend with the surrounding environment. 1hrr Mitigation Measure 1.c.2: Ano ens ace easement and a BP PS City of Atascadero Resolution No 2006-090 Page 10 of 16 r Conditions of Approval/ Timing Responsibility Mitigation (Monitoring Measure Mitigation Monitoring Program PS:Planning Services BL.Business License BS:Bubrig Semites 2865 Ferrocarril Road GP GradngPwnt FD:1 reDepar4nent BP Buidng Pemit PD:Police Depark mnt PD-16 Master Plan of Development Fl:Finallnspeclion �wase TO Tenporary CA. Attorney CUP 2005-0171/ZCH 2005-0107/TTM 2004-0059 occupancy CXy F0:Final Occupancy pedestrian/equestrian trail shall be incorporated into the design along the western edge of the project to maintain the rural visual character of the project site Mitigation Measure 1.d.1 All lighting shall be residential in nature.A BP PS maximum of 1 common light post may be permitted at the terminus of the driveway for safety Any such light post and fixture shall be full cut-off and a maximum of 12-feet in height. The light shall be placed on a motion sensor and shall not be left on past 10pm. Mitigation Measure 3.b.1 The project shall be conditioned to comply with BP BS all 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. ■ Asbestos has been identified by the state Air Resources Board as a toxic air contaminant. Serpentine and ultramafic rocks are very common in the state and may contain naturally occurring asbestos. Under the State Air Resources Board Air Toxics Control Measure (ATCM)for Construction, Grading Quarrying and Surface Mining r Operations prior to any grading activities at the site the project proponent shall ensure that a geologic evaluation is conducted to determine if naturally occurring asbestos is present within the area that will be disturbed If Naturally Occurring Asbestos (NOA)is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM for Construction, Grading Quarrying and Surface Mining Operations. 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 ATCM. This may include development of an Asbestos Dust Mitigation Plan and an Asbestos Health and Safety Program for approval by the APCD Should Naturally Occurring Asbestos be identified within the area of construction and the worked area will be less than or equal to one acre then the dust control measures identified below are required If the disturbed area is greater than one acre additional requirements may include but are not limited to 1)an Asbestos Dust Mitigation Plan which must be approved by the District before construction begins, and 2)an Asbestos Health and Safety Program will also be required for some projects ■ Dust Control Measures for Construction and Grading Operation Projects One Acre or Less. No person shall engage in any construction or grading operation on property where the area to be disturbed is one(1 0)acre or less unless all of the following dust mitigation measures are initiated at the start and maintained throughout the duration of the construction or grading activity- 1 Construction vehicle speed at the work site must be limited to fifteen (15)miles per hour or less, V41W 2. Prior to any ground disturbance, sufficient water must be applied City of Atascadero Resolution No 2006-090 Page 11 of 16 ` ✓ Conditions of Approval! Timing Responsibility Mitigation !Monitoring Measure Mitigation Monitoring Program PS.Planning Services BL.Business License BS:Building Services GR Grading Pemrl FD:Fire Department 2865 Ferrocarril Road BP BuildingPemd PD:Police Department PD-16 Master Plan of Development FI:Final Inspection �A Engineer TO:Temporary CA City Attorney Wastewater CUP 2005-0171/ZCH 2005-0107/TTM 20040059 occupancy FO:Final Occupancy to the area to be disturbed to prevent visible emissions from crossing the property line; 3 Areas to be graded or excavated must be kept adequately wetted to prevent visible emissions from crossing the property line, 4 Storage piles must be kept adequately wetted treated with a chemical dust suppressant,or covered when material is not being added to or removed from the pile, 5. Equipment must be washed down before moving from the property onto a paved public road and 6 Visible track-out on the paved public road must be cleaned using wet sweeping or a HEPA filter equipped vacuum device within twenty-four(24)hours. Mitigation Measure 4.b.1 Prior to issuance of grading/building permits the BP PS small riparian scrub area at the northwest corner and freshwater marsh area at the southern tip of the property shall be fenced with protective fencing at the limit of the area plus 5 feet. There shall be no construction activity or storage of materials or vehicles in these areas. All sanitation facilities shall be placed outside these areas and outside the dripline of any native tree Mitigation Measure 4.b.2: The developer shall contract with a qualified GP/BP PS biologist to perform surveys for both the vernal pool fairy shrimp and botanical resources prior to issuance of any site disturbance permits The surveys are to be completed no more than three(3)weeks prior to the issuance of grading/building permits or other site disturbance Mitiqation Measure 4.d.1 In accordance with the Migratory Bird Treaty Act GP PS of 1918 the applicant shall contact the United States Fish and Wildlife Service(USFWS)for direction. The applicant shall provide copies of all correspondence with USFWS prior to issuance of grading/building permits and shall incorporate all recommended mitigation measures into the project design. BP PS Mitigation Measure 4.e.1 The Grading Plan shall identify tree protection fencing around the dripline or as recommended by the project arborist, of each existing on-site or off-site native tree. At no time shall tree roots be ripped with construction equipment. If any roots over 2 inches are accidentally ripped they shall be cut perpendicular to the direction of growth with a handsaw and no tree wound paint shall be applied. Mitigation Measure 4.e.2: Grading and excavation and grading work shall GP PS fir+ be consistent with the City of Atascadero Tree Ordinance Special precautions when working around native trees include City of Atascadero Resolution No 2006-090 Page 12 of 16 Conditions of Approval/ Timing Responsibility Mitigation /Monitoring Measure Mitigation Monitoring Program PS.Planning SerHces BL.Business License BS:Butlding Services GP'Grading Pan d FD:Foe Depainent 2865 Ferrocar111 Road PD:PdceDepatrnent 8P'Building Pemrt CE Gry Engineer PD-16 Master Plan of Development FI:Finallnspectbn tECityEev� TO:Temporary CA a A ewati CUP 2005-0171/ZCH 2005-0107/TTM 20040059 Occupancy F0:Final Occupancy 1 All existing trees outside of the limits of work shall remain 2. Earthwork shall not exceed the limits of the project area. 3 Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 4 Vehicles and stockpiled material and sanitation facilities shall be stored outside the dripline of all native trees. 5 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. 6 Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal �11tr►' Mitigation Measure 4.e.3 The developer shall contract with a certified GP PS 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 1 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. 2. 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 2. 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 City of Atascadero Resolution No 2006-090 Page 13 of 16 Conditions of Approval/ Timing Responsibility Mitigation /Monitoring Measure Mitigation Monitoring Program PS.Planning Services BL Business License BS.Building Services GP'Grading Parrot FFD:Fire Departnent 2865 Ferrocarril Road BP'Building Penrit PD:Police Departrnent PD-16 Master Plan of Development Fl:Final Inspection wEengineert TO:Tengorary VVacity Attorneywater 2005-0171/ZCH 2005-0107=M 20040059 Occupancy F0:Final Occupancy 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. • Pathways driveways, and parking areas that run under tree canopies shall be made out of porous pavers to allow oxygen and moisture to reach root systems • Utilities such as water gas, power cable storm drainage telephone and sewer should be directed away from under canopies and the critical root zone(CRZ)of the trees. If this is not possible or feasible then they should be bored under the tree at a minimum depth of 3 feet. Consult with the Arborist for further direction if necessary • Where a building is placed within the canopy of a tree the IrrY foundation or walls should be designed so that it bridges across any root system. ■ Any foundation or other structure that encroaches within the dripline of trees shall be dug by hand or a small piece of equipment. 4 Upon project completion and prior to final occupancy a final status report shall be prepared by the project arborist certifying that the tree protection plan was implemented the trees designated for protection were protected during construction,and the construction-related tree protection measures are no longer required for tree protection Mitigation Measure 5.b.1 The project architect shall prepare development GP PS plans that avoid the archaeological site. In the event that testing reveals archaeological deposits with integrity and significant scientific values, the project plan should be designed to minimize disturbance of site soils and thereby protect the resources. If testing shows the deposits to be shallow depleted and generally insignificant,then plans need not be prepared to avoid impacts Mitigation Measure 5.b.2: Prior to issuance of grading/building permits the GP PS developer shall have a Phase II archaeological investigation to determine the dimensions of the archaeological deposits,their physical characteristics and material contents Different areas should be systematically sampled and all recovered materials should be thoroughly processed identified and analyzed Before Phase II sampling begins,the project archaeologist should prepare a comprehensive research design err► which includes a sampling strategy and an analytical framework. City of Atascadero Resolution No 2006-090 Page 14 of 16 Conditions of Approval/ Timing Responsibility Mitigation /Monitoring Measure Mitigation Monitoring Program PS.Planning Services BL.Business License BS.Building Services GP Grading Permit FD:Fire Depatrnent 2865 Ferrocarril Road BP BuildigPernit PD:PoliceDeparhnent PD-16 Master Plan of Development Fl:Finallnspec6on �w Engineer TO:Terrporxy WA W ty Wastewater CUP 2005-0171/ZCH 2005-0107=M 2004-0059 Occupacy F0:Final Occupancy Mitigation Measure 5.b.3 The data from the Phase II sampling shall be GP PS evaluated and using the California Environmental Quality Act guidelines a determination shall be made regarding classification of the site as an 'important cultural resource Mitigation Measure 5.b.4 If the Phase II testing shows that significant GP PS resources do exist then a Phase III mitigation and management plan shall be prepared to deal with expected impacts The project archaeologist shall aide in developing a mitigation plan with the goal of preserving the archaeological resource. Mitigation Measure 5.b.5 The Developer shall contact and work closely GP PS with both the Chumash and the Salianian Tribes during any Phase II Cultural Resource Assessment to insure that any cultural resources are preserved. Mitigation Measure 5.d.1 In the event of the accidental discovery or GP PS recognition of any human remains,the following steps shall be taken-- There shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the coroner of the county in which the remains are discovered has been contacted to determine that no investigation of the cause of death is required and to determine if the remains are of Native American heritage If the remains are of Native American Heritage the coroner shall contact the Native American Heritage Commission within 24 hours Mitigation Measure 6.a.c.1 Prior to issuance of grading/building permits, GP CE the developer shall submit a geotechnical investigation that addresses earthquake and liquefaction potential Based on this report,all recommendations for building and site design shall be implemented Mitigation Measure 8e.f.1 A Stormwater Pollution Prevention Plan BP CE (SWPPP)/Erosion Control Plan shall be submitted and approved by the City Engineer prior to the issuance of the building permit. The plan shall include storm water measures for the operation and maintenance of the project for the review and approval of the City Engineer The Building Permit application plans shall identify Best Management Practices (BMPs) appropriate to the uses conducted on site that effectively prohibit the entry of pollutants into storm water runoff Mitigation Measure 8.e.f.2. The developer is responsible for ensuring that BP BS,PS,CE 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 work orders Mitigation Measure 11.d All construction activities shall comply with the Ongoing BS/PS err City of Atascadero Noise Ordinance for hours of operation. City of Atascadero Resolution No 2006-090 Page 15 of 16 fir►' Conditions of Approval/ Timing Responsibility Mitigation /Monitoring Measure Mitigation Monitoring Program PS.Planning Services BL Business License BS.Building Services GP'Grading Perm t FD:Fire Department 2865 Ferrocarril Road PD:PoliceDepartinent BP'Build ng Pemit CE.City Engineer PD-16 Master Plan of Development FI:Final Inspection WW:Wastewater CUP 2005-01712CH 2005-0107/TTM 2004TQ Temporary CA City Atlomey0059 occupancy F0:Final Occupancy Mitigation Measure 13.a.1 The Developer shall insure that structures GP/BP PS/BS and/or septic systems are not built within the Atascadero Mutual Water Company easement, nor will development of the project interfere with maintenance or operation of any existing water lines. Mitigation Measure 14.b.1 The construction of the equestrian/pedestrian Ongoing AMWC trail shall not cross the Atascadero Mutual Water Company(AMWC) property(River Parcel)until such time as AMWC allows such public access. Mitigation Measure 15.a.b.1 Chico Road shall be extended to provide BP CE ingress/egress to the four new residential units. v,400, i , City of Atascadero Resolution No 2006-090 Page 16 of 16 EXHIBIT B: Master Plan of Development I z 'tnv t az E b 3 Hal Y�x a �Q, 1 ft IL 4 i Open space easement with public access trail to Salinas11 I y River e I fall" U► 1. o gg N { ' n 84d '�+be