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HomeMy WebLinkAboutResolution 2005-085 RESOLUTION NO. 2005-085 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 2004-0128 (MASTER PLAN OF DEVELOPMENT AMENDMENT) ON APN 030-213-011, 012, 013, 014 (5000, 5020, 5060 MARCHANT AVENUE/ KELLY GEARHART) WHEREAS, an application has been received from Kelly Gearhart (6205 Alcantara Avenue, Atascadero, CA) Applicant and Property Owner, to consider a project consisting of a General Plan Amendment, Zone Map Change, and Zone Text Change from CTPD-10 (Commercial Tourist/Planned Development Overlay - 10) to RMF- 10/PD-10(Residential Multi-Family-10 with Planned Development Overlay #10) with an associated Master Plan of Development and Tentative Tract Map on a 1.55-acre site located at 5000, 5020, and 5060 Marchant Avenue (APN 030-213-011, 012, 013, 014); and WHEREAS, the Planning Commission has recommended that the site's General Plan designation be amended from GC (General Commercial) to MDR (Medium Density Residential); and, WHEREAS, the Planning Commission has recommended that the site's Zoning District be amended from CTPD-10 (Commercial Tourist / Planned Development Overlay Zone #10) to RMF-10/PD-10 (Residential Multi-family - 10 / Planned Development Overlay Zone#10); and, WHEREAS, the existing Master Plan of Development for the RV park as required by the Planned Development#10 Overlay Zone is required to be amended for the proposed multi-family project; and, WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2005- 0042 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, City of Ataseadero Resolution No.2005-085 Page 2 of 26 WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on September 6, 2004, studied and considered the Conditional Use Permit 2005-0156 (Master Plan of Development), 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 27, 2005, studied and considered Conditional Use Permit 2005-0156, after first studying and considering the Draft Mitigated Negative Declaration prepared for the project; and NOW, THEREFORE, the City Council of the .City of Atascadero hereby resolves to take 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 provisions of the PD-10 Overlay Zone; 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 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-10 overlay zone cannot be reasonably achieved through existing development standards or processing requirements. SECTION 2.Approval. The City Council of the City of Atascadero, in a regular session assembled on September 27, 2005, resolved to approve Conditional Use Permit 2005-0156 subject to the following: City of Atascadero Resolution No.2005-085 Page 3 of 26 1. EXHIBIT A: Conditions of approval /Mitigation Monitoring Program 2. EXHIBIT B: Site Plan/Master Plan of Development 3. EXHIBIT C: Preliminary Grading and Drainage Plan 4. EXHIBIT D: Preliminary Utility Plan 5. EXHIBIT E: Preliminary Landscape Plan 6. EXHIBIT F: Tree Protection Plan 7. EXHIBIT G: Unit 15, 16, 17 Floor Plans 8. EXHIBIT H: Unit 15, 16, 17 Elevations 9. EXHIBIT I: Unit 15, 16, 17 Computer Detail 10. EXHIBIT J: Unit 11, 12, 13, 19, 20 Floor Plans 11. EXHIBIT K: Unit 11, 12, 13, 19, 20 Elevations 12. EXHIBIT L: Unit 9, 10, 14, 18 Floor Plan 13. EXHIBIT M: Unit 9, 10, 14, 18 Elevations On motion by Council Member O'Malley and seconded by Council Member Clay, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: Council Members Clay, Luna, O'Malley and Mayor Scalise NOES: Council Member Pacas ABSENT: None ADOPTED: September 27, 2005 CITY OF ATASCERO ndy Scll'se, Mayor ( ATTEST: Marcia McClure Torgerson, C.M.Cj City Clerk APPR D AS TO FO M: c . hatrirlc-L. E , City Attorney City of Atascadero Resolution No.2005-085 Page 4 of 26 Exhibit A Conditions of Approval/ riming Responsibil Mitigation ity Mitigation Monitoring Program tMeasure !Monitoring BL Business PS:Planning Marchant Ave Condominiums ucanse Services GP.Grading PernW BS:Building services Master Plan of Development BP..Building Pernik FD:Fire Department FI:Final Inspection PD:Porte CUP 2005-0156 TO:Tenporary Depa*wt �upary CE C y Engineer F0:Final Occupancy WW Wastewater CA Cty,Atlomey Planning Services 1. This conditional use permit shall be for a 12-unit residential FM PS condominium development as described on the attached exhibits and located on parcel 030-213-011,012,013, 014 regardless of owner. 2. 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 2005-0098 and ZCH 2005-0102 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.. 3. The Community Development Department shall have the authority to BP/FM PS,CE approve the following minor changes to the project that(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 unless appealed to the City Council. 4. Approval of this Conditional Use Permit shall be valid for twelve(12) BP/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. 5. The applicant and/or subsequent owners shall defend,indemnify,and On going PS hold harmless the City 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 proposed development. 6. All subsequent Tentative Map and construction permits shall be BP/FM PS,CE consistent with the Master Plan of Development contained herein. 7. Prior to final map,the applicant shall annex all proposed units into the FM PS/CE CC&Rs for.the adjacent project to the south subject to review and approval by the Community Development Department. The CC&R's shall record with the Final Map and shall include the following: ■ Provisions for maintenance of all common areas including access, parking,street trees,fencing and landscaping. ■ A detailed list of each individual homeowner's responsibilities for maintenance of the individual units. ■ Individual unit's responsibility for keeping all trash receptacles within the unit's garage. i City of Atascadero Resolution No.2005-085 Page 5 of 26 Exhibit A Conditions of Approval/ Timing Responsibil MitagaQion ihr MeasureMitigation Monitoring Program /Monitoring Bl:Business PS:Pbrinig Marchant Ave Condominiums License Services GP:Grading Peat BS:Building Services Master Plan of Development BP.BuildingPemit FD:Fre Department FI:Final Inspection PD:Police CUP 2005-0156 TO:Tenporary Department Occupancy CE City Engineer F0:Final Occupancy WW:Wastewater CA City Attorney • 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. • Description of open space area restrictions and maintenance provisions. 8. All exterior elevations,finish materials,and colors shall be consistent BP PS with the Master Plan of Development as shown in EXHIBIT C and D with the following modifications: • All exterior material finishes shall be durable,high quality,and consistent with the architectural appearance. • All trash storage, recycle storage,and air conditioning units shall be screened from view behind architecturally compatible or landscaped enclosures; • Any exterior light fixtures shall be compatible with building design, subject to staff approval. ■ Stucco siding for units 11, 12, 13, 19,and 20 shall be smooth finish. No machine finishes will be permitted. • A minimum of 3 color schemes utilizing dark earth tone colors shall be required to be submitted during building permit review and shall be subject to staff approval. 9. All site work,grading,and site improvements shall be consistent with the BP/FM PS, BS, Master Plan of Development as shown in EXHIBIT B,C, D,and E. CE 10. A final landscape and irrigation plan shall be approved prior to the BP PS,BS issuance of building permits and included as part of site improvement plan consistent with EXHIBIT E,and as follows: • All exterior meters,air conditioning units and mechanical equipment shall be screened with landscape material. ■ All common areas shown on the landscape plan shall be landscaped by the developer prior to the final of any single building permit on- site. ■ The drainage area shall be maintained with natural vegetation.No plantings shall be installed under the driplines of native oak trees. ■ Landscape trees shall be minimum 15-gallon size and double staked. City of Atascadero Resolution No.2005-085 Page 6 of 26 Exhibit A Conditions of Approval/ Timing Responsibil Mitigation ity Measure Mitigation Monitoring Program /Monitoring BL:Business PS:Planning Marchant Ave Condominiums Licerse Services GP:GWkv PemW BS:BukrwV Services Master Plan of Development BR.BuildegPenni FD:FreDeparinent FI:Final Inspection PD:Poke CUP 2005-0156 TO:Terrporary Department Occupancy CE City Engineer FO:Final Occvpan y WW,Wastewater CA City Anomey 11. The developer and/or subsequent owner shall assume responsibility for GP PS the continued maintenance of all landscape and common areas, BP consistent with EXHIBIT E. 12. The project shall incorporate high quality fencing that is architecturally GP PS compatible with the proposed residential units and consistent with BP EXHIBIT E,subject to staff approval. 13. The emergency services and facility maintenance costs listed below FM 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 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. a) All Atascadero Police Department service costs to the project. b) All Atascadero Fire Department service costs to the project. c) Off-site common City of Atascadero park facilities maintenance service costs related to the project 14. All tract maintenance costs listed below shall be 100%funded by the FM 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. a) All streets, bridges, sidewalks, streetlights, street signs, roads, emergency access roads, emergency access gates, and sewer mains within the project. b) All parks,trails, recreational facilities and like facilities. c) All open space and native tree preservation areas. d) All drainage facilities and detention basins. e) All creeks, flood plains, floodways, wetlands, and riparian l _-_ habitat areas. City of Atascadero Resolution No.2005-085 Page 7 of 26 Exhibit A Conditions of Approval! Timing Responsilail Mitigation Mitigation Monitoring Program ity Measure /Monitoring Bl:Business PS:Planning Marchant Ave Condominiums License services GP:Grading Parma BS:Building Services Master Plan of Development BP:BuildingPemil FD:Fire Depatnent FI:Fuel Inspection PD:Police CUP 2005-0156 TO:TerrWrary Department Occupancy CE:Cay Engineer FO:Final Occuparxy WW:Wastenler CA City Allomey f) All common landscaping areas,street trees, medians, parkway planters, manufactured slopes outside private yards, and other similar facilities. g) All frontage landscaping and sidewalks along arterial streets 15. The applicant shall deed restrict 2 units in accordance with the City FM PS Council Inclusionary policy.One unit shall be deed restricted at the moderate income rate for a period of 30-years.One unit shall be deed restricted at the low-income rate for a period of 30-years. The affordable unit shall include one 3-bedroom unit. 16. Provide a sidewalk connecting the units along the drainage way FM PS to Marchant Avenue, as feasible. Building Services 17. A soils investigation prepared by a licensed Geotechnical Engineer is GP PS to be provided for the project. The report is to be provided at the time BP 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 18. All residential units shall incorporate residential fire sprinklers BP FD throughout. 19. Fire lane signage shall be submitted to the fire department for review and approval with on and off-site improvement plans City Engineer Project Conditions 20. Applicant shall provide a 5'offer of dedication for street FM PW improvements along the entire Tecorida frontage. 21. A reciprocal parking and access easement is required to provide FM PW shared access and parking with the adjacent condo project. Drainage: 22. All drainage facilities shall be designed and constructed in BP PW accordance with the current City of Atascadero Engineering Standards. 23. A homeowners association,or other funding and maintenance FM PW agreement shall be submitted for approval by the City Engineer and the City Attorney prior to recording the final map. The agreement shall cover scheduled maintenance of the drainage facilities. _._, City of Atascadero Resolution No.2005-085 Page 8 of 26 Exhibit A Conditions of Approval/ Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring BL Bushes PS:Planning Marchant Ave Condominiums License services GP Gradup Perm! BS:Buildvq Services Master Plan of Development BP Building P" FD:Fee Department Fl:Feil Inspection PD:Porte CUP 2005-0156 To Terrporary Department Occwency CE City Engheer ICI Final Occupancy WW:Wastewater CA City Money 24. Existing drainage patterns from adjacent properties shall not be BP PW obstructed. 25. All drainage from improvements shall cross property lines within BP PW drainage easements. Frontage Improvements: BP PW 26. Project shall construct detached sidewalks along entire Tecorida BP PW frontage. Wastewater: 27. All onsite sewer mains shall be privately owned and maintained. BP PW 28. Prior to recording the final map,provisions for the repair and BP PW maintenance of the private SS shall be included in the CC&R's for this tract. Included shall be a mechanism to maintain the private sewer and structures,such as a homeowners association. The City Engineer and City Attorney shall approve the final form prior to recordation. 29. Applicant shall pay sewer extension(Annexation), Connection BP PW and Reimbursement fees(if applicable) upon issuance of building permit. 30. Gravity mains within the subdivision shall be sized according to BP PW City Standards. 31. Drainage piping serving fixtures which have flood level rims BP PW located below the elevation of the next upstream manhole cover of the public or private sewer serving such drainage piping shall be protected from backflow of sewage by installing an approved type backwater valve. Fixtures above such elevation shall not discharge through the backwater valve. Atascadero Mutual Water Company 32. Before recordation of the final map,the applicant shall submit plans GP, BP to AMWC for the water distribution facilities needed to serve the project. AMWC shall review and approve the plans before construction begins on the water system improvements. All new water distribution facilities shall be constructed in conformance with AMWC Standards and Details and the California Waterworks Standards (Code of Regulations Title 22, Division 4,Chapter 16). All cross-connection devices shall conform to AWWA and California Department of Health Services standards. 33. Before the start of construction on the water system improvements, GP, BP the applicant shall pay all installation and connection fees required by AMWC. Subject to the approval of AMWC,the applicant may enter in to a"deferred connection"agreement. City of Atascadero Resolution No.2005-085 Page 9 of 26 Exhibit A Conditions of Approval I Timing ResponslbH MitigaVan Mitigation Monitoring Program ity Measurre /Monitoring BL:B ones' PS:Planning Marchant Ave Condominiums Lke"Se Services GP.Grading Permit BS:Building Services Master Plan of Development BP:Building Perml FD:Fee Department FI:Final Inspection PD:Poke CUP 2005-0156 7a.TernPorary Department Orxupa-/ CE:City Engneer FO Final O-vancy WW:Wastewater CA City Attorney 34. Before issuance of building permits,the applicant shall obtain a"Will GP, BP Serve"letter from AMWC for the newly created lots within the subdivision. 35. Separate water meters for domestic water service are required for GP, BP each individual condominium unit. 36. The applicant shall obtain a separate landscape-irrigation meter from GP, BP AMWC for the common areas within the project. 37. The applicant is responsible for designing and constructing water GP, BP system improvements that will provide water at pressures and flows adequate for the domestic and fire protection needs of the project Mitigation Measures BP PS,BS,CE 1.c.1 Mitigation Measure 1.c.1: The following landscape mitigations shall apply: ■ Fencing of individual yard areas shall be residential in nature and shall be constructed of high quality materials. • A landscape buffer shall be provided along the northeast and northwest property lines, along Marchant and Tecorida Avenue. ■ The project shall include landscaping of all common areas, including slopes,common open space areas,and building frontages. ■ Parking lot shade trees shall be provided within all landscape fingers. Trees shall be large canopy trees and shall be of a scale appropriate to the project. ■ All trees shall be 15 gallon size or greater and shall be double staked. Mitigation Measure 1.c.2: The proposed residences shall include a variety BP PS,BS,CE 1.c.2 of earth-tone paint and roof colors designed to blend with the surrounding environment and reduce the potential for reflected light and glare. Mitigation Measure 1.d: All lighting shall be designed to eliminate any off BP PS,BS,CE 1.d site glare.All exterior site lights shall utilize full cut-off,"hooded"lighting fixtures to prevent offsite light spillage and glare. Building mounted fixtures shall be designed to direct light downward and shall be decorative in nature, consistent with the building architecture.Lighting of the parking area shall be integrated with proposed landscaping.All lighting schemes shall be designed to produce a zero footcandle reading at the property line. City of Atascadero Resolution No.2005-085 Page 10 of 26 Exhibit A Conditions of Approval/ Timing Responsibil Mitigation Mitigation Monitoring Program iMeasure /Monittoring Bl Bruness PS:planning Marchant Ave Condominiums U... Services GP.Grading P" BS:Buildup Services Master Plan of Development BP:Building Pern-A FD:Fire Department FI:Final Inspection pD:Por1ce CUP 2005-0156 TO:Temporary Department oc upancy CE City Engineer F0:Final Occupancy WW:Wastewater CA City Attorney Mitigation Measure 3.b.1: Asbestos has been identified by the state Air BP PS,BS,CE 3.b.1 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. l City of Atascadero Resolution No.2005-085 Page 11 of 26 Exhibit A Conditions of Approval/ 'riming Responsibii Mitigation Mitigation Monitoring Program ity measum /Monitoring BL:Business PS:Planning Marchant Ave Condominiums [cense Services GP:Grading Perm t BS:Building Services Master Plan of Development BP.Building Permit FD:Fre Department FI:Final Inspection PD:Police CUP 2005-0156 TQTenporary Department Occupancy CE:city Engineer 10:Final Occupancy WW:Wastevrater CA Ciy Allorney Mitigation Measure 3.b.2: The project shall be conditioned to comply with all GP,BP PS,BS 3.5.2 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. City of Atascadero Resolution No.2005-085 Page 12 of 26 Exhibit A Conditions of Approval! Timing Responsibil Mitigation Ity Mitigation Monitoring Program tMeasure /Monitoring BL Business PS:Planning Marchant Ave Condominiums License Services GP:Grading Purnk BS:Building Services Master Plan of Development BP:a,ildingP" FD:FreDepanment FI:Final Inspection PD:Poke CUP 2005-0156 TaTerr"rary Dgxrtnent Occupancy CE.City Engineer F0:Final Occupancy WW:Wastewater CA City Morey 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 would be required whenever wind speeds exceed 15 mph. Reclaimed (non-potable)water should be used whenever possible. C. All dirt stock-pile areas should be sprayed daily as needed. D. Permanent dust control measures identified in the approved project re- vegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities. E. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading should be sown with a fast- germinating native grass seed and watered until vegetation is established. F. All disturbed soil areas not subject to 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 should 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. 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.b.1: Protective fencing shall be erected to ensure that BP,GP, PS,BS,CE 4.b.1 all construction activity and materials are maintained outside of the drainage way.As identified on the grading and drainage plan,no grading will take place within the existing drainage way. l City of Atascadero Resolution No.2005-085 Page 13 of 26 Exhibit A Conditions of Approval/ Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring BL:Business PS;Planning Marchant Ave Condominiums Lice serveas GP:Grading Parrra BS:Building Services Master Plan of Development BP:Building Pemit FD:Fre Department Fl:Final Inspection PD:Police CUP 2005-0156 TO:Temporary Department Occupancy CE:Cly Engineer F0:Final Occupancy ,MPS:Wastewater CA CAy Attomey Mitigation Measure 4.e.1: Grading and excavation and grading work shall BP,GP PS,BS,CE 4.e.1 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 shall be stored outside the dripline of all 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 5.b.c.d: Should any cultural resources be unearthed BP,GP PS,BS,CE 5.b.c.d during site development work,the provisions of CEQA-Section 15064.5,will be followed to reduce impacts to a non-significant level. Mitigation Measure 6.b: The grading permit application plans shall include BP,GP PS,BS,CE 6.b 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 shall be subject to review and approval of the City Engineer at the time of Building Permit application. Mitigation Measure 6.c.: A soils report shall be required to be submitted with GP BS 6.c a future building permit by the building department. 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 and erosion control 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 9.b.1: The commercial property directly adjacent to the project site to the north shall be included in the proposed General Plan Amendment and Zone Change and shall be designated as Medium Density Residential with a corresponding Residential Multi-Family-10 zoning designation to ensure consistency with the surrounding neighborhood and with the proposed project City of Atascadero Resolution No.2005-085 Page 14 of 26 Exhibit A Conditions of Approval/ Timing Responsibil Mitigation ity Measure Mitigation Monitoring Program /Monitoring BL Business PS:Planning Marchant Ave Condominiums GP: Services GP:Grading Perm4 BS:Buliding Services Master Plan of Development BP BuildingPernd FD:Fre Department Fl:Final Inspection PD:Police CUP 2005-0156 TO:Terrporary Departrnent Occupancy CE City Engineer FO:Final Occupancy WW:Wastewater CA City Pllomey Mitigation Measure 11.d.1: All construction activities shall comply with the BP,GP PS, BS,CE 11.d 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 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 Planning Commission. A sign shall be posted on-site with the hours of construction and a telephone number of the person to be contacted in the event of any violations. The details of such a sign shall be approved by staff during the Grading Plan/Building Permit review process. Noise generating operation of business and/or parking lot maintenance activities shall not occur before 7 a.m.or after 7 p.m.at this location Mitigation Measure 15.a.b.1:The project shall include the construction of full BP,GP PS,BS,CE 15.a.b.1 frontage improvements along Tecorida Ave as approved by the City Engineer and per standards listed in the General Plan Circulation Element. Mitigation Measure 16.c.1: Drainage calculations will be required to be BP,GP PS,BS,CE 16.c.1 submitted and approved by the City Engineer prior to the issuance of building permits.Any additional run-off resulting from the proposed development will be required to comply with City standards. City of Atascadero Resolution No.2005-085 Page 15 of 26 EXHIBIT B:Site Plan/Master Plan of Development U' S' HICH WA r 1 Q 1 ..� -.._. MAF O AN AVENUE ,�. .. "� .r v 1. -•--_.._r_ i.. 4_�... �'I� I ; 1 !. �I1M wx.�,: _L-"TxndaybtTMRN1w^i-•'-�_ •. ' I ,.I�7�I-._:_�.j._-,�..$ `i •. C Im,twsui 'i:. t 'X 71 I it it I � I �� I-,r i'r� ..•''-` � t � j � ,� YY � � , .j , V. ) 1 C► c I, wYy'` <✓ r1 �, Jr— X", 1 f 1 I r gq g lit bt y t�' Y_j,"�ry..i �� �• -' S.. p{ it I I �� '� � 1 �I N� 1 '�� 1 1 Yl I' 1 j - I City of Atascadero Resolution No.2005-085 Page 16 of 26 EXHIBIT C:Preliminary Grading and Drainage Plan LLA NIGH WAY 701 1 * 7- MARCHM/lq bFJ1UE . r��11 I SII I wr t ;� I Vy II , i � ti.�. 4�,��t j �r�, �� ,` ,,. i i 1; 1 i;I i -••,„, tri f 1 1 tirr / r'1 Y rl•�y. ry, . ;I°� ..1.1 7' i�'�r' i k � " It wr ! 1 i ! �^!,� �".i; ""i t+ •*.Y 1�r ;.�ai+„�r`a,o. '�.H�r i I i } _'t t � H' 1 ,' _ � t �-1' 1 �.�lF �f i I 1 1 a.� Ct �•,,.^`. v I � I ��-,1; /;r I � Y•'t "� „ ;�,.� Y r �llap � r�i l(' 1 „I' hJs 1 ii 1 $ 1 !�l,is�f �� '`ti 10 'l i � -a. I i •�. � � +'�)i! � Y Il I d C 1 = `11 {� ',� � ..✓r'X1,.1 � rs ,f 1 r A I i. City of Atascadero Resolution No.2005-085 Page 17 of 26 EXHIBIT D: Preliminary Utility Plan U. g NIGN WAY 07,11 ifll � :. -_ - r. ,MARCHANT 4.4 I Yu + I .,1 n I t � � '1�..,�,..JI"_"�.T.i�..�-.�.�.#L-+ !. IIA, r' �� ti t r¢ 1 «.... _:j'•...+ .J ,.'1 ).1 •.. i l e x + I j i 'h . . �I + —Y tr ` s 1 ' It 1 , tA-V a r sad 52 Q ism- r 0 A 2 �{aao� 00. E 0 � dam any3Yi O O��►'e' �,Of ,� rs � � r� ���� �i 4 . In 1= -j- Mac *- r � ,coa• ��llllll•�g �S g" � 4 *yf! +a �W,fit0 � � ��, ., -'�� mreti mdes'� ic`✓,s ,� ,na"u ;� -: � �aaea'xsa®. }�'vt e � 3 ,n co3' "{ `a�_ ani4nr� `?�a �3J''u�b , S Y�yS�„r$ f?' �f 7da� r°moo _4yt et a a xc. x c' �Y 5 City of Atascadero Resolution No.2005-085 Page 19 of 26 EXHIBIT F:Tree Protection Plan V' S' HIt;H WA Y 1 or MARCHANT AVENUE F If '711 -1 > r 1 1 '�! _i.� � 1 /� I •! J ill A ' r Cr' / T.I. I 1 =lj I j i a tit i City of Atascadero Resolution No.2005-085 Page 20 of 26 EXHIBIT G: Unit 15, 16, 17 floor plans l 3 C= z � o GARAGErn G. o rn BED 2 BED 3 FAMILY K r Ll r YL6C f L DINSNG ©. - STUDY MASTER i1NSE City of Atascadero Resolution No.2005-085 Page 21 of 26 EXHIBIT H: Unit 15, 16, 17 Elevations � t s7 A2,5 I i i i I i I L ff WD j I s III E:111 I ;I � IFi it hell, uR :t 1 � 1 1 .-... ---77 aQ m M d w e, Y a N' °a ax aMho, AM 4 � f 3:b � J� PNC3 ' ".` - aya'l - Yy . t R g or Y? fy'"Y s sw ,, F � 'A 701 Al p a u in: § Mail...A_..,..,,•—...-.��.� :mss � S saga` z .,,,".�. �..,. w:b City of Atascadero Resolution No.2005-085 Page 23 of 26 EXHIBIT J:Unit 11, 12, 13, 19, 20 Floor Plans l A ' DEN Ground Level GARAGE ByAa �- G.9ENTRY o, c;, PORCH , c. x KITCNE x a atcA t"J is 0- �� 4 BATH' a3 Sl � 4 Upper Level ; BEDROOM $�� �) e 73 mss- M / 3 N a*C C d+�.+' , x- a � loss 'Nf��4.�,k�. s a b-4- RAW i go nnyw=N; ,4' •'%'-�t'"�u ,d'a'y: � �' ^� i$ .d c IS fi F f mat awmon� WIN mc pew. NOR �.RAW 1 - �.' YM 7A 1 totk a `�� � r _.r-^ ✓`�t` ,� s i City of Atascadero Resolution No.2005-085 Page 25 of 26 EXHIBIT L:Unit 9, 10, 14, 18 Floor Plans G �y; J r ,14h GARAGE w ot" BAR - I A BEDROOM 2 .. _ 7.AA47ER StfITE . o - If' _ . --- - (_) ;'- ro PORCH .:...1 } 77 p C FA1+ttCY � fy i City of Atascadero Resolution No.2005-085 Page 26 of 26 EXHIBIT M: Unit 9,10, 14, 18 Elevations t, r low T� r - .M _ �f v_ ,,