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Home My WebLink AboutResolution 2005-086 RESOLUTION NO. 2005-086 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 2005-0066 TO ESTABLISH 12 AIRSPACE CONDOMINIUM UNITS ON ONE COMMON LOT SONSISTENT WITH A MASTER PLAN OF DEVELOPMENT (CUP 2005-0156) on APN 030-213-011, 12, 13, 14 (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 RM17-10/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 RM17-10/PD-10 (Residential Multi-family - 10/Planned Development Overlay Zone #10); 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 Tentative Tract Map application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said application; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on September 6, 2005, studied and considered Tentative Tract Map 2005- 0066, 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 Tentative Tract Map 2005-0066, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project; and, c City of Atascadero Resolution No.2006-086 Page 2 of 15 NOW THEREFORE, the City Council of the City of Atascadero takes the following actions: SECTION 1. Findings of Approval for Tentative Tract Map, the City Council finds as follows: 1. The proposed subdivision, as conditioned, is consistent with the General Plan and applicable zoning requirements. 2. The design and improvement of the proposed subdivision is consistent with the General Plan and applicable zoning requirements. 3. The proposed subdivision, as conditioned, is consistent with the proposed Master Plan of Development (CUP 2005-0156). 4. The site is physically suitable for the type of development proposed. 5. The site is physically suitable for the density of development proposed. 6. The design and improvement of the proposed subdivision will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat. 7. 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. 8. 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 27, 2005, resolved to approve Tentative Tract Map (TPM 2005- 0066) subject to the following: 1. Exhibit A: Tentative Tract Map 2005-0066 2. Exhibit B: Conditions of Approval /Mitigation Monitoring Program. City of Atascadero Resolution No.2006-086 Page 3 of 15 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 ATASCAD O Wen ,y Scalise, ayor ATTEST: Marcia McClure Torgerson, C.M.C., vity Clerk APPROV. D AS TO RM: Patre,`jc L. ht, City Attorney City of Atascadero Resolution No.2006-086 Page 4 of 15 Exhibit A: Tentative Tract Map 2005-0066 ~2 .�LS�� ..••x W, i � �'� t ': . F Sri SCt S�S e S t pt v � 3�3` � •. L r . »�._.__S'�- a a $i�33 fF.b F z i�:�? � � 1 � s,Si eff � B ��'�� 3�9 i` 4 ° i t- 's 3 T. i w if, `„ w iy e n bb w! _ §pryi itz i1@i itekt� E% i (oil i y ; i 1 � •� _� -----:r'' z �3ei� �Ts a ? >t�S s � fgyy. - 11 c �q. ..;.w a uao. •� N � � 11 g I•1 �.� pI S"7 I F X r ` t4y 0 J \ �� City of Atascadero Resolution No.2006-086 Page 5 of 15 Exhibit B: Conditions of Approval! Mitigation Monitoring Program Timing Responsibility Mitigation Conditions of Approval/ /Monitoring Measure Mitigation Monitoring Program Ps:Planning BL Business services license BS:Building Marchant Ave Condominiums GP:Grading Se^'ces Permit FD:Fire Department Condominium Map BP:Building PD:Pone TTM 2005-0066 Fl: Fi Department FI: Final CE:City Engineer Inspection WW:Wastewater TO:Temporary CA.C ty Attorney Occupancy FO:Final Occupancy Planning Services 1. The approval of this application shall become final, subject to the FM PS completion of the conditions of approval, fourteen (14) days following the Planning Commission approval unless prior to that time, an appeal to the decision is filed as set forth in Section 9-1.111(b)of the Zoning Ordinance. 2. Approval of this Tentative Parcel 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 to FM PS approve minor changes to the project that(1) result in a superior site design or appearance, and/or (2) address a design issue that is not substantive to the Tentative Tract Map and that the Final Map is in substantial conformance with the Tentative Map. 4. The Parcel 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 APN 030-213-008,030-292-066 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 of FM PS Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities,concerning the subdivision. 8. Prior to final map,the applicant shall annex all proposed units into the BP PS 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 City of Atascadero Resolution No.2006-086 Page 6 of 15 Conditions of Approval/ Timing Responsibility Mitigation /Monitoring Measure Mitigation Monitoring Program PS:Planning BL Business Services License BS:Building Marchant Ave Condominiums GP:Grading services Condominium Map Permit FD:Fire Department $P:Building PD:Police TTM 2005-0066 Pemrit Department FI: Final CE:Ciry Engineer Inspection WW:Wastewater TO:Temporary CA City Attorney Occupancy FO:Final Occupancy maintenance of the individual units. • Individual unit's responsibility for keeping all trash receptacles within the unit's garage. ■ 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 9. An open space and tree preservation easement shall be recorded BP PS with the final map, subject the Community Development Director approval. 10. 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 11. 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 City of Atascadero Resolution No.2006-086 Page 7 of 15 Timing Responsibility Mitigation Conditions of Approval/ /Monitoring Measure Mitigation Monitoring Program PS:Planning BL Business Services License BS:Buildng Marchant Ave Condominiums GP:Gradng Services Permit FD:Fire Department Condominium Map BP:Buildng PD:Police TTM 2005-0066 Fl: it Department F FI: Final CE City Engineer inspection WW:Wastewater TO:Temporary CA City Attorney Occupancy FO:Final Occupancy 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 habitat areas. 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 12. 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. 13. Provide a sidewalk connecting the units along the drainage FM PS way to Marchant Avenue,as feasible. Building Services 1. A soils investigation prepared by a licensed Geotechnical Engineer FM PS,BS,CE 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 BP FM 2. Residential fire sprinklers shall be required for each residence. BP FM 3. Fire lane signage shall be submitted to the fire department for review BP FM and approval with on and off-site improvement plans. City Engineer Project Conditions 4. Applicant shall provide a 5'offer of dedication for street FM PW improvements along the entire Tecorida frontage. Drainage: - _ - City of Atascadero Resolution No.2006-086 Page 8 of 15 Conditions of Approval/ Timing Responsibility Mitigation /Monitoring Measure Mitigation Monitoring Program PS:Planning BL:Business Services License BS:Building Marchant Ave Condominiums GP:Grading Services Condominium Map PermFit FD: r Department BP:Building PD:Police TTM 2005-0066 Perrot Department FI: Final CE:City Engineer Inspection WW:wastewater TO:Temporary CA City Attorney Occupancy FO:Final Occupancy 5. All drainage facilities shall be designed and constructed in BP PW accordance with the current City of Atascadero Engineering Standards. 6. 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. 7. Existing drainage patterns from adjacent properties shall not be BP PW obstructed. 8. All drainage from improvements shall cross property lines within BP PW drainage easements. Frontage Improvements: BP PW Project shall construct detached sidewalks along entire Tecorida frontage. BP PW Wastewater: 9. All onsite sewer mains shall be privately owned and maintained. BP PW 10. 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. 11. Applicant shall pay sewer extension (Annexation), Connection and BP PW Reimbursement fees(if applicable)upon issuance of building permit. 12. Gravity mains within the subdivision shall be sized according to BP PW City Standards. 13. Drainage piping serving fixtures which have flood level rims located BP PW 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. City Engineer Standard Conditions 14. In the event that the applicant is allowed to bond for the public BP BS improvements required as a condition of this map,the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 15. An engineer's estimate of probable cost shall be submitted for BP PW review and approval by the City Engineer to determine the amount of the bond. 16. The Subdivision Improvement Agreement shall record concurrently FM PW with the Final Map. City of Atascadero Resolution No.2006-086 Page 9 of 15 / Timing Responsibility Mitigation l; Conditions of Approval/ /Monitoring Measure Mitigation Monitoring Program PS:Planning BL Business SenAces License BS:Buildng Marchant Ave Condominiums GP:Gradng Sendces Permit FD:Fre Department Condominium Map BP:Building PD:Paice TTM 2005-0066 Permit Department FI: Final CE:City Engineer Inspection wW:wastewater TO:Temporary CA city Attorney Occupancy FO:Final Occupancy 17. All public improvements shall be constructed in conformance with BP PW the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 18. The applicant shall enter into a Plan Check/inspection agreement BP BS with the City. 19. The applicant shall be responsible for the relocation and/or BP PW alteration of existing utilities. 20. The applicant shall install all new utilities(water,gas, electric,cable BP BS TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. PW 21. The applicant shall monument all property corners for construction BP control and shall promptly replace them if disturbed. 22. A preliminary subdivision guarantee shall be submitted for review BP PW in conjunction with the processing of the parcel map. 23. All existing and proposed utility, pipeline, open space, or other BP PS/PW easements are to be shown on the parcel map. If there are building or other restrictions related to the easements,they shall be noted on the parcel map. The applicant shall show all access restrictions on the parcel map. 24. Prior to recording the tract map, the applicant shall submit a map FM PS/PW drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 25. Prior to recording the tract map, the applicant's surveyor shall set FM PW monuments at all new property corners or shall indicate, by certificate on the final 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. 26. Prior to recording the tract map, the applicant shall have the map FM PW 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,which indicates their review of the map. The letter shall identify any new easements, which 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. 27. Upon recording the final map, the applicant shall provide the City FM PW with a black line clear Mylar (0.4 mil) copy and a blue line print of -" _"" the recorded map. City of Atascadero Resolution No.2006-086 Page 10 of 15 Conditions of Approval/ Timing Responsibility Mitigation !Monitoring Measure Mitigation Monitoring Program PS:Planning BL Business Services license BS:Building Marchant Ave Condominiums GP:Grading Services Permit FD:Fire Department Condominium Map BP:Building PD:Police TTM 2005-0066 FI: Ft Department:City FI: Final CE:City Engineer Inspection WW:Wastewater TO:Temporary CA City Attorney Occupancy FO:Final Occupancy 28. Prior to the final inspection of any public improvements, the BP PW applicant shall submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans. Atascadero Mutual Water Company 29. Before the start of construction on the water system improvements, GP,BP CE the applicant shall submit plans to AMWC for the water distribution facilities needed to serve the project. All water distribution facilities shall be constructed in conformance with AMWC Standards and Details and the California Waterworks Standards(Code of Regulations Title 22, Division 4, Chapter 16). All cross-connection devices shall conform to AWWA and California Department of Health Services standards. 30. Before the start of construction on the water system improvements, GP, BP CE 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. 31. Before issuance of building permits,the applicant shall obtain a GP, BP CE "Will Serve"letter from AMWC. 32. The applicant shall provide AMWC with easements for those water GP, BP CE facilities proposed for operation and maintenance by AMWC that are constructed outside of publicly maintained right-of-ways. AMWC shall review the form and content of the easements before recordation. 33. The applicant shall obtain a separate landscape-irrigation meter GP, BP CE from AMWC for the common areas within the project. Mitigation Measures BP PS,BS,CE t.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. .1 City of Ataseadero Resolution No.2006-086 Page 11 of 15 Timing Responsibility Mitigation Conditions of Approval 1 /Monitoring Measure Mitigation Monitoring Program PS:Planning BL Business Services License BS:Buildng Marchant Ave Condominiums GP:Grading Services Pemit FD:Fre Department Condominium Map BP:Building PD:Police TTM 2005-0066 FI: FiDepartment Final FI: Fnal CE:City Engineer Inspection WW:Wastewater TO:Temporary CA City Attorney Occupancy FO:Final Occupancy • 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. 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 (ATOM) 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. City of Atascadero Resolution No.2006-086 Page 12 of 15 Conditions of Approval/ Timing Responsibility Mitigation /Monitoring Measure Mitigation Monitoring Program PS:Planning BL Business Services License BS:Buildng GP:Grating Marchant Ave Condominiums Services Condominium Map BP: Fire re Department BP:Building PD:Police TTM 2005-0066 Permit Department FI: Final CE:City Engineer Inspection WW:Wastewater TO:Temporary CA City Attorney Occupancy FO:Final Occupancy Mitigation Measure 3.b.2: The project shall be conditioned to comply with all GP,BP PS,BS 3.b.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.2006-086 Page 13 of 15 / Timing Responsibility Mitigation \, Conditions of Approval/ /Monitoring Measure Mitigation Monitoring Program PS:Planning BL Business Services License BS:Building Marchant Ave Condominiums GP:Gradng services Permit FD:Fre Department Condominium Map BP:Buildng PD:Police Permit Department TTM 2005-0066 Fl: Final CE:City Engineer Inspection WW:Wastewater TO:Temporary CA City Attorney Occupancy FO:Rnal Occupancy 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. 1. 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 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. City of Atascadero Resolution No.2006-086 Page 14 of 15 C / Timing Responsibility Mitigation Conditions of Approval /Monitoring Measure Mitigation Monitoring Program PS:Planning BL:Business Services License BS:Building Marchant Ave Condominiums GP:Gradng Services Pemit FD:Fre Department Condominium Map BP:Building PD:Police TTM 2005-0066 Fl: Fii Department FI: Final CE:City Engineer Inspection WW:Wastewater TO:Temporary CA City Attorney Occupancy FO:Final Occupancy 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 GP BS 6.c with 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 Ataseadero Resolution No.2006-086 Page 15 of 15 Timing Responsibility Mitigation Conditions of Approval! /Monitoring Measure Mitigation Monitoring Program PS:Planning BL Business Services License BS:Buildng Marchant Ave Condominiums GP:Gracing Services Per it FD:Fire Department Condominium Map BP:Buildng PD:Police Pent Department TTM 2005-0066 Fl: Final CE:city Engineer Inspection WW:wastewater TO:Temporary CA City Attorney Occupancy FO:Final Occupancy Mitigation Measure 11.d.1: All construction activities shall comply with theBP,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. 1 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. I