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Home My WebLink About2007-044 RESOLUTION NO. 2007-044 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 2005-0174 (MASTER PLAN OF DEVELOPMENT) ON APN 030-121-003 & 004 (7298 & 7312 Santa Ysabel Avenue / Patel & Patel) WHEREAS, an application has been received from Paritosh Patel, 930 Wigeon Way, Arroyo Grande CA 93420 and Niral Patel, 175 S. Mesa Road, Nipomo CA (Applicants and Property Owners), to consider a project consisting of a Zone Change from RMF-16 (Residential Multi-Family -16) to RMF-16 / PD-25 (Residential Multi-Family-16 with Planned Development Overlay #25) with the adoption of a Master Plan of Development, and a twelve lot Tentative Tract Map on APN 030-121-003 & 004; and, WHEREAS, the Planning Commission has recommended that the site's Zoning District be changed from RMF-16 (Residential Multi-Family)to RMF-16 with PD-25 (Residential Multi- Family-16 with a Planned Development Overlay 25); and, WHEREAS, the Planned Development #25 Overlay Zone requires the adoption of a Master Plan of Development, approved in the form of a Conditional Use Permit; and, fir WHEREAS, the trash and recycling will be stored in a centralized trash enclosure, 3 guest spaces will be made available, and porches shall be placed up to 4 feet from right of way, 10 feet from back of pavement; and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2006-0046 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 Conditional Use Permit application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Master Plan of Development; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on May 1, 2007, studied and considered Conditional Use Permit 2005-0174 (Master Plan of Development), after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and City of Atascadero Resolution No. 2007-044 Page 2 of 18 WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing held on June 12, 2007, studied and considered Conditional Use Permit 2005-0174 (Master Plan of Development), 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: 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 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, 3. The proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 4. 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; and, 5. 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, 6. Benefits derived from the Master Plan of Development and PD overlay zone cannot be reasonably achieved through existing development standards or processing requirements; and, 7. Modifications to the PD-25 requirements have been made to include the trash and recycling will be stored in a centralized trash enclosure, 3 on site guest spaces, and porches shall be placed up to 4 feet from right-of-way, 10 feet from back of pavement. NO City of Atascadero Resolution No. 2007-044 Page 3 of 18 SECTION 2. Approval. The City Council of the City of Atascadero, in a regular session assembled on June 12, 2007 resolved to approve Conditional Use Permit 2005-0174 (Master Plan of Development) subject to the following: EXHIBIT A: Conditions of Approval/Mitigation Monitoring Program EXHIBIT B: Master Plan of Development(Site Plan) EXHIBIT C: Statistical Project Summary EXHIBIT D: Landscape Plan EXHIBIT E: Grading and Drainage Plan EXHIBIT F: Color and Materials Board EXHIBIT G: Floor Plans and Elevations EXHIBIT H: Trash Enclosure details On motion by Council Member Clay and seconded by Council Member Brennler, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: Council Members Brennler, Clay, O'Malley and Mayor Luna NOES: Council Member Beraud aw ABSENT: None ADOPTED: June 12, 2007 CITY ATASC4Mayor By: r. Geor e Lun , ATTEST: r Marcia McClure Torgerson, C.M.C., Cit lerk APPR�VED AS TO FORM: atrick n t, City Attorney G-' tow City of Atascadero Resolution No. 2007-044 Page 4 of 18 EXHIBIT A:Conditions of Approval I Mitigation Monitoring Program irrr PD-25 Master Plan of Development(CUP 2005-0174)ZCH 2005-0110 Due to the length of this document, it has not been reproduced as an attachment, however, it may be reviewed in the office of the City Clerk am City of Atascadero Resolution No. 2007-044 Page 5 of 18 EXHIBIT B: Master Plan of Development(Site Plan) ............... NY-,d RUS :. = A� P1N3ndO13A3O13GVSA VLWS dE It ............ ...........- .................... - ............. ZI-------------------------- Iff 4 U L CCC Mb 0 c bo IN r--r, list till i0w City of Atascadero Resolution No. 2007-044 Page 6 of 18 EXHIBIT C: Statistical Project Summary SITE AREA PERCENTAGE CALCULATIONS LOT 1: (N) BUILDING FOOTPRINT AREA= 951 SQ.FT. = 26% PAVED/CONCRETE AREA = 990 SQ.FT. = 287. LANDSCAPED AREA = 1,658 SQ.FT. = 46% TOTAL SITE AREA = 3,599 SOFT. = 100% BUILDING FOOTPRINT COVERAGE = 26% OF NET LOT AREA LOT 2: (N) BUILDING FOOTPRINT AREA= 855 SOFT'. = 31% PAVED/CONCRETE AREA = 746 SQ.FT. = 27% LANDSCAPED AREA = 1,128 SQ.FT. = 427. TAL SITE AREA = 2,729 SOS TO - = 1007- BUILDING 00%BUILDING FOOTPRINT COVERAGE = 37% OF NET LOT AREA LOT 3: (N) BUILDING FOOTPRINT AREA= 855 SOFT. = 32% PAVED/CONCRETE AREA = 718 SQ.FT. = 27% �nw LANDSCAPED AREA - 1,113 SQ �FT. _ 41 TOTAL SITE AREA = 2,686 SQ.FT. = 100% BUILDING FOOTPRINT COVERAGE = 38% OF NET LOT AREA = LOT 4: (N) BUILDING FOOTPRINT AREA= 855 SQ.FT. = 22% PAVED/CONCRETE AREA = 1,891 SQ.FT. = 48% LANDSCAPED AREA = 1,192 SOFT. = 30% TOTAL SITE AREA - 3,938 SOFT. = 100% BUILDING FOOTPRINT COVERAGE _ 34% OF NET LOT AREA = LOT 5: (N) BUILDING FOOTPRINT AREA= 995 SQ.FT. = 28% PAVED/CONCRETE AREA = 1,103 SOFT. = 32% LANDSCAPED AREA = 1,406 SOFT. = 40% m TOTAL SITE AREA = 3,504 SQ.FT. = 100% BUILDING FOOTPRINT COVERAGE = 29% OF NET LOT AREA = LOT 6: (N) BUILDING FOOTPRINT AREA= 995 SOFT. = 26% PAVED/CONCRETE AREA = 1.115 SO.F"L = 29% LANDSCAPED AREA = 1,757 SOFT. = 45% TOTAL SITE AREA = 3,867 SQ.FT. -= 100% BUILDING FO0TPRIN'I COVERAGE, 29% nF NFT IOT AREA INCLUDING BAASIN= City of Atascadero Resolution No. 2007-044 Page 7 of 18 EXHIBIT C: Statistical Project Summary Mrrr LOT 7: (N) BUILDING FOOTPRINT AREA= 1,000 SQ.FT. = 25% PAVED/CONCRETE AREA 1,132 SQ.FT. = 297. 1.802 SQ.FT. = 46% LANDSCAPED AREA TOTAL SITE AREA = 3,934 SQ.FT. = 100% BUILDING FOOTPRINT COVERAGE OF NET LOT AREA INCLUDING BASIN= = 307 LOT 8: (N) BUILDING FOOTPRINT AREA= 989 SQ.FT. - 29% PAVED/CONCRETE AREA = 1,089 SQ.FT. = 31% LANDSCAPED AREA =—,--1.,-3-92—SO-FT' TOTAL SITE AREA = 3,470 SQ.FT. = 100% BUILDING FOOTPRINT COVERAGE = 34% OF NET LOT AREA LOT 9: (N) BUILDING FOOTPRINT AREA= 951 SOYT. = 20% PAVED/CONCRETE AREA = 2,107 SQ.FT. = 45% LANDSCAPED AREA 1.633 SOfT. = 35%— TOTAL SITE AREA = 4,691 SQ.FT. = 100% BUILDING FOOTPRINT COVERAGE = 30% OF NET LOT AREA LOT 10: (N) BUILDING FOOTPRINT AREA= 855 SQYT• = 32% PAVED/CONCRETE AREA = 764 SQ.FT. = 28% LANDSCAPED_AREA = 1,076_SQFT. = �0--% TOTAL SITE AREA = 2,695 SQ.FT- = 100% BUILDING FOOTPRINT COVERAGE = 38% OF NET LOT AREA LOT 11: (N) BUILDING FOOTPRINT AREA= 855 SQ.FT. = 31% PAVED/CONCRETE AREA 707 SQ.FT. = 26% LANDSCAPED AREA ----l–,-16-8--S–Q'FT'—= 43% TOTAL 37- TOTAL SITE AREA = 2,730 SQ.FT. = 100% BUILDING FOOTPRINT COVERAGE = 37% OF NET LOT AREA LOT 12: (N) BUILDING FOOTPRINT AREA= 951 SQ.FT. = 24% PAVED/CONCRETE AREA 1,037 SQ.FT. = 27% LANDSCAPED AREA 1 889 SQ.FT. = 49% TOTAL SITE AREA 3,877 SQ.FT. = 100% BUILDING FOOTPRINT COVERAGE = 24% OF NET LOT AREA = City of Atascadero Resolution No. 2007-044 Page 8 of 18 EXHIBIT D: Landscape Plan vrrr pm 4 Z � t t. i g y� Y ! 1 f fit. . , f H At� 1 } ( t x i it (5 +-- i t � t 5 i` M}i . [txlYettf� }} " r jyp�Y 1 �fp# t to YYYi 1 � T }T .. it t��7Y�S�� 17� 1 �� iA ��}}• � I �(}1}y�.�� SI � F11 rn 3•^ ry aE �` �:tli ti. t 1j; {tdtd t d if1 11Jill fit r a I t SAWAY&ABELtaEYM.O MOIT M .) NiII - 3 G ._•..'+§lrtx;?7-.....- xr + _..+lM�!.. 1u9AY" w City of Atascadero Resolution No. 2007-044 Page 9 of 18 EXHIBIT E: Grading and Drainage Plan ,LK-M Ifofl=nf KK-M(ant,Mltl JpMOtOt fOl '3hV TIBISA VllM LtfL 1-' ------------- :alM N 1t1fL h VfFlt Y1NYL I,O,Ypl KiY 1N311dU13A10'M1N3t1K3tl fyM Kix of tllr,u,a wrlaam°oLm�. now asron p!•IIQ%DdNYNDI�'19Nd S`-, MfO a-w 1fN7wN Tt11LLTWf CC-IR RL �. 4 twM1r �,�� ,11M/ILIIfA tM��ILK CwII�Y5311,S U $NOISIh3M i A 000000000®® ► � 6 Y �n�.'tY � a �� a R �� I i• , J j § i t \ 1 d I - Ill ... ' ;: �•1 - j , iI aw City of Atascadero Resolution No. 2007-044 Page 10 of 18 EXHIBIT F:Color and Materials Board iyrr► **Full size color board available at the Planning Department r,+ n a n4'. City of Atascadero Resolution No. 2007-044 Page 11 of 18 EXHIBIT G: Floor Plans,Units A-A +�irr NVId tf0®LE ON0035 V ISHl� CD __:••�`�-••••� «••I 1N3WdOl3fi30 138YSA V1,NYS -- r e . T E l� L...., .... ..... H—� 71_ } s i i01M f : : .... '' I" I' � ....... r I � , i AF_LE_ 1 Yl ] ( m yip . Iwo1 City of Atascadero Resolution No. 2007-044 Page 12 of 18 EXHIBIT G: Floor Plans, Units B-B: First Floor >' .. INfl UO J 1SHIJ l 71': '-....-._�..T. _,.a„-r ,. .:€. 1NMdO,3A3n 93HVSA t+.�Afk+S ..._....- r 8 7 a a � 01 1 . 1 73 „j 'F 1� am City of Atascadero Resolution No. 2007-044 Page 13 of 18 EXHIBIT G: Floor Plans, Units B-B:Second Floor �rrr 'A i J }. a b Z, t:!)ii �rlt €� 131xsg iia' l,k� ..... dA IYpQ" ........... J. ............ yy.�.y t 5 D�El� .� . yjj 3 �i t ; f 1AM6 j City of Atascadero Resolution No. 2007-044 Page 14 of 18 EXHIBIT G: Floor Plans:Units A-C irrrr 4 i SNVId HOOI-�Oro 's'F s ai 1� 1h3Wc0l3A3G l9BVSA V1NV5 j � q Q s t. MAN 11 (! ..... i (' � r-v J t a, _ t N v i L Fes•+ it�rr City of Atascadero Resolution No. 2007-044 Page 15 of 18 EXHIBIT G: Elevations,Units A-A Mirr I 7_2d � 11an�^"^ �..:� 1N3Wd(?I iTqC!'i3p.1V6A VlNVf!!i ...._ a...... �i 6n � ��7 l�l l II Nib MR i 711, I, a t �to ti I �to 1 Hill t rt a4 , ,x L i xl lot �II 1 1 � � i� 1i I ti u Qu FE X11! iRW Wu �� H LIT r � s � hgu fL Li 1kSi tl ziz 3 77 dq 9a r T �1111 1 3Fr,.SSt! tai� ililrfi City of Atascadero Resolution No. 2007-044 Page 16 of 18 EXHIBIT G: Elevations, Units B-B e s slam. 5NO11VAFU 1 ,.. 1N3Wd0"13A9tl 13F3V"A VSNe14�^ YId: S xx. } 1 I 4 I *4 ,i 2�m L Y i i I' Ib. ii i' it 1. 7! �� ';a �,• 7 s .9 3 f ♦♦♦ C i i } .:: > FI I i � � City of Atascadero Resolution No. 2007-044 Page 18 of 18 EXHIBIT H: Trash Enclosure SGLE:tITS. f'�is ttmu�s • i_t_L.1_• L.I.J.—�---4 "2V O.C. 1RF111S ffitftle WW PACE CARD WML of" ALL CELLS —iDCIWG MAP 0 N aw et XX Ir F001M £LE:vnnoN sour PACE CART WALL i t 19 �--4x{OF•12'tom. . --.....................ww n n E „cc II II q q qq rine slowr +t a mus nAtE OA M. tl II II q q q q c u IOU r7-4' -- r/ASE cgNercwR II II q q q q L Can TMaus KAW t it u q q q 0�,tant IL § 0 24.>� fl II q II q q q IIS tA� sear 3"FMX q q II u q q q orsr sm CW NAIL Qr^ff q II q q q N CM A.CEtls n ALLE C-e OL TRELLIS OVER WALL DETAILt 11 iurrlE anasniss WAY ILtS �li �..........r g'.................. TRASH ENCLOSURE-PLAN 1s few 61-0'hT.0")W T a TMIS OYM PVJMMTM PAW 1 PCW 6•-0'hT.6"WAL.. S� 3j PCW b'-0'hT.P%MTW li1tiWWP -- oN TOP OF PCW RCT.WA._ M" faCC 1„4400 a TWF 11 City of Atascadero Resolution No. 2007-044 Page 17 of 18 EXHIBIT G: Elevations Units A-C rwrr . •�� .... ..- D-V SlINtL SNd 1NA3'13 a .. tWrva013n30 aBVSh vines All hil G G, a C ( �s g 4 Mid � 7151 11 G '1! f 9 �� !F �� 1 I 1 I iT A 1 V� R I� Hill �z z {p� MIA,! '{{t 3 c r Elm ilT �17ill 5, i_ ... _ _ NO RESO NO. 2007-044 EXHIBIT A ; pnditions of Approval/Mitigation Monitoring Program _ PD -25 Master Plan of Development 'CUP 2005-0174) ZCH 2005-0110 EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program PO -25 Master Plan of Development (CUP 2005-0174) ZCH 2005-0110 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure BL: Business License GP: Grading Pertryt PS: Planning Services 7298 & 7312 Santa Ysabel Ave. BP: Building Pent FI: Final Inspection BS: Building Services FD: Fre DepAmnl PD -25 Master Plan of Development TO: Temporary Occupancy FM: Final Map PD: Police Departrenl CE: City Engineer WW: Wastewater ZCH 2005-0110 /CUP 2005-0174 F0: Final Occupancy CA City Attorney Planning Services 1. The approval of this zone change and use permit shall become final FM PS and effective following City Council approval. 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 2005-0110 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. Approval of this Master Plan of Development shall be valid concurrently FM PS with the life of Tentative Tract Map 2005-0081 and then indefinitely following final map. The Master Plan of Development approval shall expire and become null and void unless a final map is recorded consistent with the Master Plan of Development. 4. Subsequent changes to the Master Plan of Development shall be On-going P SS approved by the Planning Commission, independent of Council action. 5. The Community Development Department shall have the authority to BP/FM PS 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. 6. All subsequent Maps and construction permits shall be consistent with BP/FM PS the Master Plan of Development contained herein. 7. The applicant shall defend, indemnify, and hold harmless the City of BP / 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 project. 8. All exterior elevations, finish materials and colors shall be consistent BP PS with the Master Plan of Development as shown in EXHIBITS B through G to include the following, subject to staff approval: • The applicant shall submit a new color board to reflect deep earth -tone colors, consistent with the selected architectural Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure BL: Business License GP: Grading Pen -nit PS: Planning Services BP: Building Permit 7298 8 7312 Santa Ysabel Ave. FI: Final Inspection BS: Building Services FD: Fire Departrnent TO: Temporary Occupancy PD: Police Departrnent CE: City PD -25 Master Plan of Development FM: Final Map WW: Wastewater ater F0: Final Occupancy ZCH 2005-0110 /CUP 2005-0174 CA City ftmey style, subject to final staff approval. ■ All exterior windows shall be of beige, taupe or similar color and not be white. ■ All garage doors shall be of architectural grade and high durable quality and painted to match or compliment the final approved building colors. Garage doors may either be purchased from the factory in a color approved by staff, or may be purchased in a primer finish to be painted in a color approved by staff. • All exterior material finishes (siding, trim, doors, windows, light fixtures) shall be durable, high quality, and consistent with the architectural appearance. 9. All site development shall be consistent with the maximum intensities BP/FM PS described in the statistical project summary as shown in EXHIBIT C 10. All site work, grading, and site improvements shall be consistent with BP/FM PS the Master Plan of Development as shown in EXHIBITS B THROUGH G 11. All project fencing shall be installed consistent with EXHIBIT D subject BP/FM PS to the following modifications: • The design of all fencing shall be of high architectural quality, durability, compatible with the selected architectural building design, and residential in design, subject to staff approval. Where existing perimeter fencing is retained, it shall be repaired as required to perform as fully and aesthetically functional. • All wood for fencing shall be treated. • All rear yard fencing shall be new or like new. 12. A final landscape and irrigation plan shall be submitted with the final BP PS map application and shall be approved with recordation of the final map. Landscaping shall be included as part of site improvement plan consistent with EXHIBIT D, as conditioned. Landscaping shall be installed prior to final of each building permit. • All exterior meters, air conditioning units, and mechanical equipment shall be screened with landscape material. Trash/recycle container areas shall be screened with fencing or landscape. ■ The developer shall landscape all front and street -facing side yards, and rear yards. Privacy shrubs and trees be planted along the development, suNect to staff approval, All landscape maintenance Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure BL: Business license GP: Grading Pemtit PS! Planning Services 7298 & 7312 Santa Ysabel Ave. BP: Building Pemit BS: Building Services Fl: Final Inspection FD: Fin: Department TO: Temporary PD: Police Depatrnent Occupancy CE: City Engineer PD -25 Master Plan of Development FM: Final Map WW: Wastewater ZCH 2005-0110 /CUP 2005-0174 F0: Final Occupancy CA City Attorney shall be the responsibility of the individual property owner. ■ All proposed tree locations, species, and sizes shall be as identified in EXHIBIT D, as conditioned. Trees shall be double staked. ■ The drainage detention basin shall be landscaped by the developer and maintained by the Homeowners Association or other mechanism approved by the City. • Final street tree species selection shall be subject to staff approval. Street and open space trees shall be minimum 15 -gallon size and double staked. ■ Front yard areas shall be landscaped with drought tolerant native species, subject to staff approval. ■ Driveway material selection shall be compatible with proposed architecture. The material shall be pavers or decorative concrete, subject to final staff approval. ■ Turf shall be minimized in yards. Only the basin shall have full turf coverage. 13. The developer and/or subsequent owner shall assume responsibility Ongoing PS for the continued maintenance of all landscape and common areas, consistent with EXHIBIT D. 14. Affordable Housing Requirement: The applicant shall designate one FM, BP PS, CE unit as a moderate -income unit and one unit as a low-income unit, deed -restricted for a 30 -year period prior to or concurrent with final map. 15. Workforce Housing: Prior to recordation of final map, the applicant FM, BP PS, CE shall enter into a legal agreement with the City to reserve 1/2 of the units for sale to residents or workers within the City of Atascadero, including the affordable units. The agreement shall include the following provisions: ■ The units shall be offered for sale to residents or workers within the City of Atascadero for a minimum of 60 -days. During this time period offers may only be accepted from Atascadero residents or workers; ■ The applicant shall provide reasonable proof to the City that at least one of the qualified buyers is a resident or worker within the City Limits of Atascadero; ■ The Atascadero resident or worker restriction shall apply to the initial sale only; ■ The applicant shall identify which units will be reserved; and Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure BL: Business License GP: Grading Permit PS: Planning Services 7298 & 7312 Santa Ysabel Ave. BP: BuaIngPemrl BS: Building Services FI: Final Inspection FD: Fre Department TO: Temporary PD: Police Department OccupancyC PO -25 Master Plan of Development Map W:Wastewater FM: Final M Wer ZCH 2005-0110 /CUP 2005-0174 F0: Fnel Occupancy CA City Attomey ■ The City Attorney shall approve the final form of the agreement. 16. An address marker to include address for all units shall be located at GP/BP PS the public street access point. The address marker shall be compatible with the project architecture. 17. Prior to final map, the applicant shall submit CC&Rs for review and BP PS approval by the Community Development Department. The CC&R's shall record with the Final Map and shall include the following: a. Provisions for maintenance of all common areas including access, parking, street trees, fencing and landscaping. b. A detailed list of each individual homeowners responsibilities for maintenance of the individual units. C. Individual unit's responsibility for keeping all trash receptacles within the unit's garage or behind a designated screened area. d. Garages shall be maintained and used for vehicle parking. e. No boats, RV's or other type of recreation vehicle may occupy a guest or resident parking space, including within an individual garage. f. 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. 18. 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. ■ 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 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure BL: Business License GP: Grading Pemrt PS: Planning Services 7298 & 7312 Santa Ysabel Ave. BP: Building Permit BS: Building Services FI: Final Inspection FD: Fire Department TO: Temporary PD: Police Depailmenl Master Plan of Development OccupanPD-25 FM: Final M FM: Final Map WW: iryse ater �� Wastewater ZCH 2005-0110 /CUP 2005-0174 F0: Final Occupancy CA City Attorney 19. 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. ■ 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. ■ All common landscaping areas, street trees, medians, parkway planters, manufactured slopes outside private yards, and other similar facilities. ■ All frontage landscaping and sidewalks along arterial streets. 20. The applicant must provide for the repair and maintenance of on-site FM PS shared improvements. This includes roads, sidewalks, street trees, streetlights, private sewer system, drainage facilities, recreation areas and common landscaping. The two methods that may be used are: a. Homeowners Association. This private organization would be responsible for the maintenance, repair and replacement of the facilities. b. Assessment District and Landscape and Lighting District. Funds for the maintenance, repair and replacement of the facilities would be collected on the property tax bill and distributed to the City. The City Engineer and City Attorney shall approve the final form prior to recordation. 21. An access and recreational use easement shall be recorded over Lots FM PS 6 and 7 that dedicates use of the drainage basin on the lots as an amenitV and common drainage facility for the benefit of Lots 1 through Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure BL: Business License GP: Grading Permit PS: Planning Services 7298 & 7312 Santa Ysabel Ave. BP: Building Permit BS: Building Sefv;ces FI: Final Inspection FD: Fre Department TO: Temporary PD: Police Department Occupancy CE:WasteEngiater PD -25 Master Plan of Development FM: Final M �� Wastewater ZCH 2005-0110 /CUP 2005-0174 FO: Final Occupancy CA City Attorney 12. 22. The applicant shall work with staff to add additional windows and BP PS architectural details to the street elevations which face EI Camino Real (lots 12 and 1.) The elevations shall be consistent with the interior parking court front elevations. 23. A centralized trash enclosure shall be provided at the terminus of the BP pS parking court for trash and recycling. The trash enclosure shall include: ■ A fire rated trellis shall be installed over dumpsters • Solid metal Architectural style doors (to be approved by staff) shall be on the front of the enclosure ■ A separate walkway (ADA accessible) shall be provided for residents to drop off trash through the back of the enclosure ■ Dark split face block shall be used for the enclosure and the rear wall along the property line behind the enclosure ■ Lighting shall be provided near the trash enclosure for safe nighttime access. The light shall be hooked up to a motion sensor and shall utilize downlighting (shielded light) only. ■ A water faucet, hose, and drain shall be provided in the trash enclosure for clean up. • A curb with vines shall be provided between the trash enclosure and the guest parking space ■ Additional landscape shall be provided around parking enclosure and front yards on lots adjacent to the enclosure. 24. Access gates shall be included on lots 8 and 9 to provide side access BP PS for these lots to the trash enclosure and parking court. 25. The trash enclosure shall be maintained by the homeowners FM pS association. Maintenance shall be outlined in the CC&R's to record with the final map. 26. The applicant shall obtain written approval from Atascadero Waste BP PS Alternatives for the size, location, and construction specifications of the centralized trash enclosure prior to building permit issuance 27. Prior to final map, the applicant shall identify the location of the FM PS individual green waste trash cans for placement in the interior parking court on trash pick up day. These approved locations shall be Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program (Monitoring Measure BL: Business License GP: Grading Permit PS: Planning Services 7298 & 7312 Santa Ysabel Ave. BP: Building Pemit BS: Building Services FI: Final Inspection FD: Fire Department TO: Temporary PD: Police Departnenl CE:Ctyse OccupanPD-25 ater FM: Final M � Wastewater Master Plan of Development FM: Final Map F0: Final Occupancy CA CityAftomey ZCH 2005-0110 /CUP 2005-0174 identified in the CC&R's to record with the final map. 28. 4 foot clear path of travel on the sidewalk on front of the proposed BP PS project shall be provided and is to be ADA accessible. The applicant shall work directly with the post office to locate the mailboxes, and then provide bump outs where necessary to ensure a clear 4 -foot path. 29. Roof material shall be high quality, architectural grade, subject to staff BP PS approval. 30. Street section to remain as constructed with bulb outs. BP PS 31. A light shall be installed at the end of the parking court near the SP PS detention basin. The homeowners association shall utilize the light source as they find necessary. City Engineer Project Conditions 1. Storm water runoff from the project shall be conveyed to the property BP CE line as shown on the preliminary plans. The adjacent landowner has indicated in writing that he is willing to accept the historical flow from the site. Final drainage calculations to confirm that flow from the site does not exceed the historical. City Engineer Standard Conditions 2. 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. 3. 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. 4. The Subdivision Improvement Agreement shall record concurrently FM CE with the Final Map. 5. A six (6) foot Public Utility Easement (PUE) shall be provided GP, BP CE contiguous to the property frontage. 6. 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. 7. Slope easements shall be obtained by the applicant as needed to GP, BP CE Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure BL: Business License GP: Grading Perrttit PS: Planning Services BP: Building Pemrt BS: Building SeNtes 7298 & 7312 Santa Ysabel Ave. Fl: FnalInspection FD: Fire Depatimid TO: Temporary PD: Police Departrnenl o�up City Map WW:Waste Wastewater FM: Final WW: Wastewater PD -25 Master Plan of Development FO: Final Occupancy CA City Attorney ZCH 2005-0110 /CUP 2005-0174 accommodate cut or fill slopes. 8. Drainage easements shall be obtained by the applicant as needed to GP, BP CE accommodate both public and private drainage facilities. 9. A preliminary subdivision guarantee shall be submitted for review in FM CE conjunction with the processing of the tract map. 10. 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. 11. Prior to recording the tract map, the applicant shall pay all FM CE outstanding plan check/inspection fees. 12. Prior to recording the map, the applicant shall bond for or complete FM CE all improvements required by these conditions of approval. 13. Prior to recording the tract map, the applicant shall bond for or set FM CE monuments at all new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the parcel map, that 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. 14. 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. 15. 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. 16. 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. 17. 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 C:ondltlons of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure BL: Business License GP: Grading Permit PS: Planning Services & 7312 Santa Ysabel Ave. BP: Building Permit BS: Building Services7298 Fl: FnalInspection FID: Fire Depmrrienl TO: Temporary PD: Police Department Occupancy CE: City Engineer PD -25 Master Plan of Development FM: Final Map WW: Wastewater ZCH 2005-0110 /CUP 2005-0174 F0: Final Occupancy CA City Attorney review and approval by the City Engineer. 18. 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. 19. Provide for the detention and metering out of developed storm runoff GP, BP CE so that it is equal to or less than undeveloped storm runoff. 20. Drainage basins shall be designed to desilt, detain and meter storm GP, BP CE flows as well as release them to natural runoff locations. 21. Show the method of dispersal at all pipe outlets. Include GP, BP CE specifications for size & type. 22. 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 23. Off-site streets shall be improved consistent with the Tentative Tract GP, BP CE Map. 24. Project shall include construction of curb, gutter and sidewalk along GP, BP CE entire frontage, as shown on the preliminary plans. 25. Alignment of frontage improvements shall be approved by the City GP, BP CE Engineer. 26. All utilities shall be undergrounded on project frontage GP, BP CE 27. All onsite sewer mains shall be privately owned and maintained. FM CE 28. Prior to recording the final map, provisions for the repair and FM CE 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 and BP CE Reimbursement fees (if applicable) upon issuance of building permit. 30. Gravity mains within the subdivision shall be eight (8) incin hes B- CE diameter. 31. Drainage piping serving fixtures which have flood level rims located BP CE below the elevation of the next upstream manhole cover of the public %-onuizions OT Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure BL, Business License GP: Grading Pert PS: Planning Services BP: Building Pemrt BS: Building Services 7298 & 7312 Santa Ysabel Ave. Fl: Final Inspection FD: Fre Departnenl TO: Temporary PD: Police Departnenl Occupancy CE City Engineer PD -25 Master Plan of Development FM: Final Map WW: Wastewater ZCH 2005-0110 /CUP 2005-0174 F0: Final Occupancy CA City Attorney 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 the issuance of building permits, the applicant shall submit BP BS plans 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 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 BP BS improvements, the applicant shall pay all installation and connection fees required by AMWC. 34. Before issuance of building permits, the applicant shall obtain a BP BS "Will Serve" letter from AMWC for the newly created lots within the subdivision. 35. Separate water meters for domestic water service are required for BP BS each individual lot. Mitigation Measures Exhibit A Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Pemet PS: Planning Services BP: Building Permit BS: Building Services TO: Temporary FD: Fre Department Occupancy PD: Police Department 7298 8a 7312 Santa Ysabel Avenue Fl: Final inspection CE: City Engineer F0: Final Occupancy WW: Wastewater CA City Attorney ZCH 2005-0110, CUP 2005-0174, TPM 2005-0081 AMWC: Water Comp. Mitigation Measure 1.c.1: The shared driveway shall be constructed of BP PS 1.c.1 decorative concrete to minimize the visual impact of the paved area. Mitigation Measure 1.d.1: Exterior lighting shall be limited to wall mounted BP PS 1.d.1 building lighting only. All exterior lighting shall be designed to eliminate any off site glare and shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. Mitigation Measure 3.b 1: The project shall be conditioned to comply with BP BS 3.b.1 all applicable District regulations pertaining to the control of fugitive dust Conditions of Approval / Mitigation Monitoring Program 7298 & 7312 Santa Ysabel Ave. PD -25 Master Plan of Development ZCH 2005-0110 / CUP 2005-0174 (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. Section 6.4• Activity Management Techniques • Develop a comprehensive construction activity management plan designed to minimize the amount of large construction equipment operating during any given time period. • Schedule of construction truck trips during non -peak hours to reduce peak hour emissions. • Limit the length of the construction workday period, if necessary. • Phase construction activities, if appropriate. Section 6.5: Fugitive PM10 All of the following measures shall be included on grading, demolition and building plan notes: ■ Reduce the amount of the disturbed area where possible. ■ 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. ■ All dirt stockpile areas should be sprayed daily as needed. ■ 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. ■ 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. ■ 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. ■ 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. ■ Vehicle speed for all construction vehicles shall not exceed 15 Timing Responsibility Mitigation /Monitoring Measure BL: Business License GP: Grading Permit PS: Planning Services BP: Building Pemit BS: Building Services FI: Final Inspection FD: Fire DepaMienl TO: Temporary PD: Police Departrnent Occupancy CE: City Engineer FM: Final Map WW: Wastewater F0: Final Occupancy CA City Attorney Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure BL: Business License GP: Grading Permit PS: Planning Services BP: Building Pemrit BS: Building Services 7298 & 7312 Santa Ysabel Ave. FI: Final Inspection FD: Fire Departrnent TO: Temporary PD: Police Departinent ��Map CECtysi PD -25 Master Plan of Development WW: Wastewater FM: Final F0: Final Occupancy CA City Attorney ZCH 2005-0110 /CUP 2005-0174 mph on any unpaved surface at the construction site. • 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. ■ Install wheel washers where vehicles enter and exit unpaved roads onto streets, or was off trucks and equipment leaving the site. • 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 3.b.2: Prior to any grading activities at the site, the BP BS/PS 3.b.2 applicant shall ensure that a geologic evaluation is conducted to determine if Naturally Occurring Asbestos (NOA) is present within the area that will be disturbed. 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. Mitiqation Measure 3.b.3: There shall be no developmental burning of BP BS/PS 3.b.3 vegetative material. Mitigation Measure 3.b.4: Applicant shall contact Tim Fuhs of the BP BS/PS 3.b.4 Enforcement Division of the APCD (#781-5912) prior to removal or relocation of utility pipelines and existing buildings. Construction shall comply with the requirements stipulated in the National Emission Standard for Hazardous Air Pollutants (40CFR61, Subpart M - asbestos NESHAP). These requirements include but are not limited to: 1) notification requirements to the District, 2) asbestos survey conducted by a Certified Asbestos Inspector, and, 3) applicable removal and disposal requirements of identified ACM. Mitigation Measure 3.b.5: Applicant shall contact David Dixon of the BP BS/PS 3.b.5 APCD's Engineering Division at (805) 781-5912 for specific information regarding permitting requirements of equipment and operations. Mitigation Measure 3.b.6: Only APCD approved wood burning devices BP BS/PS 3.b.s shall be installed in new dwelling units. These devices include: Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure BL: Business License GP: Grading Pemdl PS: Planning Services 7298 8. 7312 Santa Ysabel Ave. BP: Building Peal Inspection FD: Fre Departrnent TO: Temporary PD: Police Departrnenl ��yap CE:Waste PD -25 Master Plan of Development Wastewater FM: Final M �: Wastewater F0: Final Occupancy CA City Attorney ZCH 2005-0110 /CUP 2005-0174 • All EPA -Certified Phase II wood burning devices; • Catalytic wood burning devices which emit less than or equal to 4.1 grams per hour of particulate matter which are not EPA -Certified but have been verified by a nationally recognized testing lab; • Non -catalytic wood burning devices which emit less than or equal to 7.5 grams per hour of particulate matter which are not EPA -Certified but have been verified by a nationally recognized testing lab; • Pellet -fueled wood heaters; and • Dedicated gas-fired fireplaces. Mitigation Measure 6.b 1: The grading permit application plans shall GP BS/CE 6.b.1 include 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.d.1: A soils report shall be required to be submitted GP CE 6.c.d.1 with a future building permit by the building department. The building plans will be required to follow the recommendations of the soils report to assure safety for residents and buildings. Mitigation Measure 8 e.f 1: The developer is responsible for ensuring that Ongoing BS/PS 8.e.f.1 all contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop work orders. Mitigation Measure 8 g.h.i 1: The site is located in Zone B, an area of GP BS/CE/PS 8.g.h.i.1 within the 100 to 500 year flood plane. Building permits shall show building pads which are raised above 100 -year flood hazard area. Mitigation Measure 11.d.1: All construction activities shall comply with the Ongoing BS/PS 11.d.1 City of Atascadero Noise Ordinance for hours of operation. 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 Failure to comply with the above-described hours of operation may result in withholding of inspections and possible construction prohibitions, subject to the review and approval of the Community Development Director. A sign shall be posted on-site with the hours of operation and a telephone number of the person to be contacted in the event of any violations. The Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure BL: Business License GP: Grading Pemdt PS: Planning Services 7298 & 7312 Santa Ysabel Ave. BP: Building Pemd BS: Building Services FI: Final Inspection FD: Fire Deparhnent TO: Temporary PD: Police Department PD -25 Master Plan of Development Occupancy FM: Final Map CE: City Engineer WW: Wastewater ZCH 2005-0110 /CUP 2005-0174 F0: Final Occupancy CA CityAttonney details of such a sign shall be approved by staff during the Grading Plan/Building Permit review process.