Loading...
HomeMy WebLinkAbout2006-091 i RESOLUTION NO 2006-091 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 2004-0059, A FIVE LOT SUBDIVISION CONSISTENT WITH A 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 Estate), 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, 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 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, WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing held on September 26, 2006, studied and considered Tentative Tract Map 2004-0059, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project; and, NOW THEREFORE, the City Council of the City of Atascadero takes the following actions City of Atascadero Resolution No 2006-091 Page 2 of 16 SECTION 1 Findings of Approval for 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 2. The proposed subdivision, as conditioned, is consistent with the proposed Planned Development Overlay District#16 Master Plan of Development(CUP 2005-0171) 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 The proposed subdivision design and type of improvements proposed will not be detrimental to the health, safety or welfare of the general public SECTION 2. Approval. The City Council of the City of Atascadero, in a regular session assembled on September 26, 2006, resolved to approve Tentative Tract Map (TTM 2004- 0059) subject to the following: 1 Exhibit A. Tentative Tract Map (Tract 2681) 2. Exhibit B Conditions of Approval / Mitigation Monitoring Program. �wr. City of Atascadero Resolution No 2006-091 Page 3 of 16 1�rr✓ 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 ATASCADER y. Tom O'Malley, May ATTEST L / Marcia -AAcClure Torgeison, C M.CC/, City Jerk APPROV)D S -ru- Patrick L. Enrtglt, City Attorney City of Atascadero Resolution No 2006-091 Page 4 of 16 Exhibit A:Tentative Tract Map 2004-0059 it Ila i a ;�� � �.+? �` 4• ,,/ Y rte:•! Y• i � 4 n �( �!1 y A Open spacer n{ k * easement with public access trail to Salinasi River S' City of Atascadero Resolution No 2006-091 Page 5 of 16 Exhibit B:Conditions of Approval/Mitigation Monitoring Program Tentative Tract Map 2004-0059 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP Grading Pemd PS.Planning Services BP,Building Permit BS.Building Services 2865 Ferrocarril Road SIP Subdivision FD:Fire Departinenl Inprovernent Plans PD:Police Departrnent Vesting Tentative Tract Map FM:Final Map CE.City Engineer Ti7Temporary WW:Wastewater TTM 20040059 occupancy CA city Attorney FI:Final inspection AMWC.Water Co". F0:Final Occupancy Planning Services 1 The approval of this Tentative Tract Map shall become final and FM PS effective following approval of Zone Change 2005-0107 and CUP 2005-0171 2. Approval of this Tentative Tract Map shall be valid for two years after FM PS 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 granting of this entitlement shall apply to the property located at On going PS 2865 Ferrocarril Road (APN 049-022-011)regardless of owner 6 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. 7 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. 8. Prior to recordation of the final map the applicant shall submit,for BP PS review and approval: • Fencing plan including materials and treatments ■ Trail signing plan • Landscaping plan for all disturbed site area. • Project shall not be gated . 9 Affordable Housing Requirement: The applicant shall either deed FM, BP PS,CE restrict a minimum of 1 residential unit for 30 years at a moderate City of Atascadero Resolution No 2006-091 Page 6 of 16 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP Grading Pemd PS.Planning Services BP'Building Permit BS.Budding Services 2865 Ferrocarril Road SIP,Subdivision FD:Fire DepaVent Inpmvernent Plans PD:Police DepaVnent Vesting Tentative Tract Map FM:Final Map CE.City Engineer TO:Temporary WW:Wastewater TTM 20040059 sway Ca City Attorney FI:Finalinspec6on AMWC:Water Cornp. F0:Final Occupancy 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. 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 Y2 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. 11 The emergency services and facility maintenance costs listed FM PS/PW 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 FM PS/PW project in perpetuity The service and maintenance cost shall be funded 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 City of Atascadero Resolution No 2006-091 Page 7 of 16 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP Grading Perni t PS:Planning Services BP Building Pemd BS,Building Services 2865 Ferrocarril Road SIP subdivision FD:FreDeparonem Ir provernenl Plans PD:Police Depa Irnent Vesting Tentative Tract Map FM:Final Map CE:City Engineer TTM 20040059 �up�a" c�c�Attorrny FI:Final inspection AMWC:Water Co np. FO:Final Occupancy 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 FM PS,CE developer 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 Prior to recordation of the final map the applicant shall submit,for BP PS review and approval: ■ Fencing plan,including materials and treatments ■ Landscaping plan for all disturbed site area. • Project shall not be gated 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 fir►' City of Atascadero Resolution No 2006-091 Page 8 of 16 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP Grading Permit PS:Planting Services BPBuilding Pemrt BS.Building Services 2865 Ferrocarril Road SIP'Subdivision FD:Fie Department Improvement Plans PD:Police Department Vesting Tentative Tract Map FM:Final Map CE:City Engineer TO:Temporary WW Wastewater TTM 20040059 Occupancy CA City Attorney FI:Final inspection AMWC:Water Comp. F0:Final Occupancy 15 A soils investigation prepared by a licensed Geotechnical BP FM Engineer is 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 the Building Division. Recommendations contained in the report are to be incorporated into the project plans Fire Marshal 16 All street names shall be reviewed and approved by the FM PS, FD PD Community 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 BP PS/FD as required by the Fire Authority Engineering Conditions. City Engineer Project Conditions 18 Applicant shall construct the extension of Chico Road to the 401A BP CE City Standard modified as shown on the tentative map. 19 A railing shall be provided along the top of the retaining wall on GP, BP CE, BS Chico 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 GP, BP CE and approval by the City Engineer to determine the amount of the bond. 22. The Subdivision Improvement Agreement shall record concurrently FM CE with the Final Map. 23. A six (6) foot Public Utility Easement (PUE) shall be provided GP, BP CE contiguous to the property frontage. 24 The applicant shall acquire title interest in any off-site land that may GP,BP CE 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. City of Atascadero Resolution No 2006-091 Page 9 of 16 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP-Grading Permit PS.Planning Services 2865 Ferrocarril Road SIP,Subdivision FD:Re Department VestingTentative Tract Ma InprFinalMtPlans PD:CkEngPoliGe epartinent P FM:Final Map CE City Engineer TTM 20040059 TO:Temporary WW:Wastewater Ocapancy CA City Attorney FI:Final inspection AMWC:Water Comp. FO:Final Occupancy 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 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. 29 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. 30 Prior to recording the tract map, the applicant shall pay all FM CE outstanding plan check/inspection fees. 31 Prior to recording the map the applicant shall bond for or complete FM CE all improvements required by these conditions of approval. 32. 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 *4w licensed land surveyor shall indicate by certificate on the parcel map that comers have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 33. Prior to recording the tract map the applicant shall submit a map FM CE drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 34 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 35. 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. 36. Prior to the issuance of building permits the applicant shall submit GP, BP CE plans and supporting calculations/reports including street improvements, underground utilities, composite utilities, and grading/drainage plans prepared by a registered civil engineer for City of Atascadero Resolution No 2006-091 Page 10 of 16 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP*Grading Pemut PS.Planning Semites BP Building Pemrt BS.Building Services 2865 Ferrocarril Road SIP Subdivision FD:Fire Depanrrient Improvement Plans PD:Police Departrnent Vesting Tentative Tract Map FM:Final Map CE.City Engineer TTM 2004-0059 TO:Temporary WW:Wastewater Occupancy CA City Attorney FI:Final inspection AMWC.Water Comp. F0:Final Occupancy review and approval by the City Engineer 37 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 100-year overflow 38. Show the method of dispersal at all pipe outlets. Include GP,BP CE specifications for size&type. 39 Concentrated drainage from off-site areas shall be conveyed across GP, BP CE the project site in drainage easements.Acquire drainage easements where needed Drainage shall cross lot lines only where a drainage easement has been provided. If drainage easement cannot be obtained the storm water release must follow the exact historic path, rate and velocity as prior to the subdivision. 40 Applicant shall submit erosion control plans and a Stone Water GP BP CE Pollution 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 41 All public improvements shall be constructed in conformance with GP BP CE the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer 42. The on-site residential streets shall be improved consistent with the GP, BP CE Tentative Tract Map 43 Off-site streets shall be improved consistent with the Tentative Tract GP BP CE Map 44 Alignment of frontage improvements shall be approved by the City GP BP CE Engineer 45 A mechanism to provide for the funding of maintenance for lighting, GP BP CE street improvements, special paving surfaces, sewer storm drain, common area landscape, open space, and/or hardscape shall be provided 46 All utilities shall be undergrounded on project frontage GP BP CE AMWC Conditions 15 Before issuance of building permits the applicant shall obtain a 'Will Serve letter from AMWC for the newly created lots within the subdivision. err+ City of Atascadero Resolution No 2006-091 Page 11 of 16 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP*Gradrg Permit PS.Planning Services BP Building Permit BS.Building Services 2865 Ferrocarril Road SIP'Subdivision FD:FireDeparfirent Improvement Plans PD:Police Depaitmnt Vesting Tentative Tract Map FM:Final Map CE:Cry Engineu TO:Temporary WW:Wastewater TTM 2004-0059 Occupancy CACity Attorney FI:Final inspection AMWC:Water Comp. FOr.Anal Occupancy Mitigation Measures Mitigation Measure 1.c.1 Individual units shall be painted with earth BP PS toned colors.All materials shall be high quality and designed to blend with the surrounding environment. Mitigation Measure 1.c.2: An open space easement and a BP PS 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 BP PS with 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 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 fir+ Projects One Acre or Less No person shall engage in any construction or grading operation on property where the area to City of Atascadero Resolution No 2006-091 Page 12 of 16 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP'Grading Permit PS.Planning Services BP'Budding Permit BS.Building Services 2865 Ferrocarril Road SIP Subdivision FD:Fire Department Improvement Plans PD:Police Department Vesting Tentative Tract Map Rvt:Final Map CE.City Engineer TO:Temporary WW Wastewater TTM 20040059 Occupancy cn City Attorney FI:Final inspection AMWC:Water Comp. FO:Final Occupancy 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 ctivity1 Construction vehicle speed at the work site must be limited to fifteen (15)miles per hour or less- 2. Prior to any ground disturbance sufficient water must be applied 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 BP BS permits the 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 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. Mitigation Measure 4.d.1 In accordance with the Migratory Bird GP PS Treaty Act 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. City of Atascadero Resolution No 2006-091 Page 13 of 16 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP'Grading Permit PS.Planning Services Building Permit 2865 Ferrocarril Road SR Subdivision FD:Fire Building Improvement Plans PD:Police Department Vesting Tentative Tract Map FM:Final Map CE:City Engineer TC:Temporary WW:Wastewater TTM 20040059 Occupancy CA:City A&M FI:Final inspection AMWC:Water Comp. F0:Final Occupancy 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 GP PS shall be consistent with the City of Atascadero Tree Ordinance Special precautions when working around native trees include. 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 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 City of Atascadero Resolution No 2006-091 Page 14 of 16 Conditions of Approval I Timing Responsibility Mitigation Mitigation Monitoring Program ]Monitoring Measure GP Grading P97M PS.Planning Services BP Building Permit BS:Building Services 2865 Ferrocarril Road SIP*Subdivision FD:FireDepar6nent Inpronernent Plans PD:Police Department Vesting Tentative Tract Map FM:Final Map CE:Gay Engineer TQ Temporary WW:Wastewater TTM 2004-0059 Occupancy ca city Atlomey FI:Final inspection AMWC:Water C T. F6 Final Occupancy certified arborist. • Remove all debris and spoils from the lot cleaning and tree pruning • In locations where paving is to occur within the tree canopy grub only and do not grade nor compact. Install porous pavers over a three-inch bed of 3/.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. • 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 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 GP PS development 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 GP PS ermits,the developer shall have a Phase II archaeological City of Atascadero Resolution No 2006-091 Page 15 of 16 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GR Grading Pund PS.Planning Services BPBuilding Pemrt BS:Building Services 2865 Ferrocarril Road SIP Subdivision FD:FriaDvartmenl Improvernent Plans PD:Police Department Vesting Tentative Tract Map FM:Final Map CE.City Engineer TO:Temporary WW Wastewater TTM 20040059 Occupancy CA CityAtlomey FI:Final inspection AMWC:Water Comp. F0:Final Occupancy 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 which includes a sampling strategy and an analytical framework. Mitigation Measure 5.b.3. The data from the Phase II sampling shall GP PS be 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 GP PS closely with both the Chumash and the Salianian Tribes during any 11rr 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 CE 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 GP BS permits,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 City of Atascadero Resolution No 2006-091 Page 16 of 16 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP Grading Permit PS.Planning Services BP'Building Permt BS:Building Services 2865 Ferrocarril Road SIP Subdivision FD:Fire Department Improvement Plans PD:Police Department Vesting Tentative Tract Map FM:Final Map CE.City Engineer TTM 20040059 �Temporary q CA City Attorney FI:Final inspection AMWC.Water Comp. F0:Final Occupancy Mitigation Measure 8.e.f.2: The developer is responsible for ensuring BP BS,PS,CE that 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 Ongoing BS/PS the City of Atascadero Noise Ordinance for hours of operation Mitigation Measure 13.a.1 The Developer shall insure that structures BP CE 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. �1rrr'