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Home My WebLink About2007-047 RESOLUTION NO. 2007-047 't" RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 2006-0178 (MASTER PLAN OF DEVELOPEMNT) ON APN 030-421-005 (El Corte/Eddings) WHEREAS, an application has been received from Royce Eddings (10780 Vista Rd, Atascadero, CA 93422) Applicant and Property Owner, to consider a project consisting of a Zone Change from RSF-X (Residential Single-family-X) to RSF-X/PD17 (Residential Single- Family-X with a Planned Development Overlay 17) with corresponding Master Plan of Development and Vesting Tentative Tract Map located at 8570 El Corte Road, (APN 030-421- 005); and, WHEREAS, the Planning Commission has recommended that the site's Zoning District be changed from RSF-X (Residential Single-Family-X) to RSF-X with PD 17 (Residential Single-Family-X with a Planned Development Overlay 17); and, WHEREAS, the Planned Development #17 Overlay Zone requires the adoption of a Master Plan of Development, approved in the form of a Conditional Use Permit; and, omw WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2006-0031 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 15, 2007, studied and considered the Conditional Use Permit 2006- 0178 (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 June 12, 2007, studied and considered Conditional Use Permit 2005-0173 (Master Plan of Development), after first studying and considering the Proposed Mitigated Negative NOW Declaration prepared for the project, and, City of Atascadero Resolution No.2007-047 Page 2 of 24 NOW, THEREFORE, the City Council of the City of Atascadero takes the following OWN 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-17 Overlay Zone with the exception of specific concessions made in accordance with the State Density bonus program; 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. The proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5. 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 w■. 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 overlay zone cannot be reasonably achieved through existing development standards or processing requirements; and, City of Atascadero Resolution No.2007-047 Page 3 of 24 SECTION 2. FindinEs for Approval of Tree Removal. The City Council finds as follows: 1. The trees are obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from the Site Planner and determined by the Community Development Department based on the following factors: ■ Early consultation with the City; ■ Consideration of practical design alternatives; ■ Provision of cost comparisons (from applicant) for practical design alternatives; ■ If saving tree eliminates all reasonable uses of the property; or ■ If saving the tree requires the removal of more desirable trees. SECTION 3. Approval. The City Council of the City of Atascadero, in a regular session assembled on June 12, 2007 resolved to approve Conditional Use Permit 2006-0178 (Master Plan of Development) and Tree Removal Permit subject to the following: EXHIBIT A: Conditions of approval /Mitigation Monitoring Program EXHIBIT B: Master Plan of Development/ Site Plan EXHIBIT C: Grading Plan EXHIBIT D: Lot 1 —Floor Plan EXHIBIT E: Lot 1 —Elevations EXHIBIT F: Lot 2—Floor Plan EXHIBIT G: Lot 2 - Elevations EXHIBIT H: Lot 3 —Floor Plan EXHIBIT 1: Lot 3 - Elevations EXHIBIT J: Lot 4—Floor Plan EXHIBIT K: Lot 4 - Elevations EXHIBIT L: Lot 5 —Floor Plan EXHIBIT M: Lot 5 - Elevations EXHIBIT N: Lot 6—Floor Plan EXHIBIT O: Lot 6 - Elevations EXHIBIT P: Lot 7—Floor Plan EXHIBIT Q: Lot 7 - Elevations EXHIBIT R: Tree Protection Plan EXHIBIT S: Utility Plan EXHIBIT T: Landscape Plan City of Atascadero Resolution No.2007-047 Page 4 of 24 On motion by Council Member O'Malley and seconded by Council Member Brennler, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: w� AYES: Council Members Beraud, Brennler, Clay, O'Malley and Mayor Luna NOES: None ABSENT: None ADOPTED: June 12, 2007 CITY O TASCADERO By: �`r--�-- r. George Luna, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Cle APPROXED AS TO FORM: Patrick LlnrW City Attorney City of Atascadero Resolution No.2007-047 Page 5 of 24 EXHIBIT A: Conditions of Approval/Mitigation Monitoring Program Planned Development-117/PLN 2099-0795 vrr Due to the length of this exhibit, it has not been included as an attachment. However, it may be reviewed in the office of the City Clerk. City of Atascadero Resolution No.2007-047 Page 6 of 24 EXHIBIT B:Master Plan of Development/Site Plan too i5f. Od30YOSV1Y!O Wo E2Yf6 YO'Otl30YOSYIV Gtl30VOp1�'O�pY L 3AV OV3YOO 13 0VOSVIV Otte .l s RD-ti.-O[0 4W 7 �Y ONItl33NION3 �Ihl0 Nou3Atl15NO3 3.344-YM m39 LO a31eo9 r 3ia3 NYId 3115 fl s- ad ; - ••-\ \ \ @.\ 6XVM Ra4D 1 / 1 / N h + (tl px L�qj r Mg4 ;�e ` 4019 a Z Fi$s�q� 14ppigta�= �� gE4i pit 5 69_ k ......1 e KillA City of Atascadero Resolution No.2007-047 Page 7 of 24 EXHIBIT C: Grading Plan "': -:w aY3orasrl r�o.cua ` rr yy ' ZZ1Stl'WJ DtlxiY]lVt� Otl]OIJi.l.'010tl]1tl00 11 � � 6 � fi ti + a'� ]nv oyxivxviv oc,s wo-u.-oro ww po ONW33NION3 IWO Not jna15H0�3JAON YS WJ Yi'139 Id c�+ c� ID M31800 'f 0183 WYM Marna v ommo'3115 o35odom, lig( w a� Pill p € ` _• a g� $�� s I 20 _T r¢e_-__ '_'-- --- --------- 1AM OCR 111cw 1 2a � 1 , � Ip• rl I •� 3 \ 1 � r r 1 1 III a \ -4 e\ I I p Ilk"11 � \ f ' Y U I City of Atascadero Resolution No.2007-047 Page 8 of 24 EXHIBIT D: Lot 1 -Floor Plan wAw � tll pti! i E'tsi f. ° !g ii i �+ :,•,-� e' P-! L 101 13 UBld i yi y16 e ' iii i�! . Will�' pafPud Bsg�81188 841 oil 9 l�iii:i a �' p t i Wi l i tlllll.a�6 ... I lft{t7 S�e p e $ �e.H SI � 9! � 5: !S��i t l 'sg t� 6 ee= E{10��e e{ �.•a l i�pl€il�� g�9�°j�4ttF'pI"tii fl!te�iitiii'.e�e•eteiil gt S!;tiSl'i ii.lts.iii�iptei��iIt�l°i i eity !tg,it•all piii4•{�ippili�,!!'I.ip�i��t�"i�SHSe i!t N!S'!! !O}li�i!l(�°f�e g'iIp,!l�1jf!`i�'�eii{{�ep ltSi 6°lle�s�ttpi pitl°€ iE!;!t.6'pPie�pNiel'iltetiIieplI q,i �t.titei6`�!ii�YA�ii!t!psiiPiii!a�lji!l'e�tilt�yl hti�p!°h!ltt�;i;iitfill', ti! iif Ila Hill 1 !1!1'leIi. 101 1! Hil-Ili0ipt l SI l�pi3ii�i�l�!i�iti�p��lo��!p��i!lpli�l�ll�tl�lli�:611 eveee.eee• 141 i e : i!i•; �i I �I i rpm- if i ............. t 1 � ! t : cc Fo t ; girt P P i ..................... 717 F—;;- .7 ... — too City of Atascadero Resolution No.2007-047 Page 9 of 24 EXHIBIT E: Lot 1 -Elevations iirrr N I 4101 a veld ;it t� �{iI � pe(asi d eO 61188 841 ry� { i (l fI t 1i ii Jana 11aa1 =71 1Iowa w am go 5� � City of Atascadero Resolution No.2007-047 Page 10 of 24 EXHIBIT F: Lot 2-Floor Plan Ow Z 1013 U81d e o a o n qtr. r 8 Y JJIII�E�� j F Y y [fillI.:lil �� j F°ill,Jill �' ------- •y jl;n°ii(ill y II{+y��C4�l�i�(rY1i��i� i r ••, 8' e. e° j � I i� Y•I if i 3 E�f6!�1glYfINow i 1 ill Y�Y F !ill�;i�;l e 6l!`J�it�°1 ll��i3 '�Yl.rlilll Y��i .F ------ .. .. r -.. -. w______________ _—_ Y Y 1 it��IIJ��i — � • o FTr i9E Y�'�IIIY ii y �J j FL ------------ I 1 s Y�Ir City of Atascadero Resolution No.2007-047 Page 11 of 24 EXHIBIT G: Lot 2-elevations +iurrr e � N AI�lt! }, d iI +i! 6' �`� Z 1010 mrd i i� j' 100fwd eseZ)SHOO OIL.I: t�l 133 i° �111 ��i�i jlp il!!1ptli! I fill) fit)stl,s '� fill ill 1 Ll FU 1i 1 1 e s �rrfr a 0 a � a City of Atascadero Resolution No.2007-047 Page 12 of 24 EXHIBIT H: Lot 3-Floor Plan irlair Vl " r rai, E ' ia 1pl��I ilri.��liiir�l�ll j a!� 1 !1}. ''�� ii'f 1�i1el°li!➢I Eiol8ueId Joe esl 81188 i- M t 041 �i lid er ' I !1' rl ! a ° ! Illll 6 1E{ la ill E� ilii ! 1 € i ! 9 111 rr e I 1 ! es:j�� i e !. i °!e I iii i � �ij+�� f r I�jp ! e•� liil i i�a.k°� rfj a a.{re P91 (q i ' I i F. I I I �•6 j 11. � ! e �1 ie � 9� 11 fill iiijill a Ir• li iiligl liii llis...... 4.....°I !IIQ i4l �!i�4�!�sil��Iii is�iSl 9fei�isl�� I=��i�li�i�l ll'3 ijj��j9lr! It i �lEj�.l�i .......... �o P al .. -------- 71 r I Il: 1 — r i e 1 .. .. — !--------- i I , , ._ +1rrr City of Atascadero Resolution No.2007-047 Page 13 of 24 EXHIBIT I: Lot 3-Elevations 6w el°ill�� E 10-18 veld N .314 4 I-rOJd OSLO 01188 841 ! hht Iii 11 is. 4 ° lall 1 , a m I 1® D F g y}� 6 City of Atascadero Resolution No.2007-047 Page 14 of 24 EXHIBIT J: Lot 4-Floor Plan taw t 10-1 g ueld Sy1 3 P8!ad USSO 01189 841 ! d !,�I.s;,tl:� I' � �. n{tl ��. � �r��,,1'�{{ ! !�'I il� 4!6'3 t�¢I�Ip t �.•I !,tl{;!��l)�(,I,.{'! !II!� ! !1.,!�Iffl!!!'! fly !'�! Y Y` t eY e. .t°: I ei{`r�° 1�I`! !1�fY II 11�• �• � Mi . { :{ k ! �. ! !! !'!! t` � !C• �!'{I{fl i!IY{ tt{ ! `i!{ii'1 i�{{ I! Y'!°j ly 11,1(111 I I{(Y f fi 1Yt11-1 vi ',Itl:!!Iil�.t 11 IIll ��►1 tl liill�Il�:IES!!t�.il9-t{! �1l3�1 9�t �i ltlE� IE:I?l��li�lfl��lti�f�l�i:iii YY...Y..Y° u• f!I -- , ----- cc ! 77 1 i .. i mm City of Atascadero Resolution No.2007-047 Page 15 of 24 EXHIBIT K: Lot 4-Elevations �rrr psEi�g9`i! '6�f�ll JUNI 6 ?�!�� d: !i je P'j 4101 B UOld ; .� g i , �efad ese�e1188 a41 ,,gyp 3 I 9 a j ; fill ILL fftff X111 Mo ®DDD Al d 9 i11rr City of Atascadero Resolution No.2007-047 Page 16 of 24 EXHIBIT L: Lot 5.Floor Plan NOW �t1f€'�' It�'��# f! '� �i i�j,�+y�•i I� S 3o-I��Id � a; ��I � i psi'il;t !�li;�p i f i hilt C! ,aaCord YY6B�Yrftag aY�, r i �:s U : f y ------------ if .. I !lIQI�36�1 --- �.ti'fl:Ylljir�iilF --- �y(y�l��i�fi�tyi � �Y d a h Sgt HI� ; ------- ----- - - 711 Ik Jill rfrrffr 1 i. ! f �'�tltllf�,ttiEll4it 'A 1 ; O M City of Atascadero Resolution No.2007-047 Page 17 of 24 EXHIBIT M: Lot 5-Elevations 1iErr p ( i S 1cq 0 IIBId 9 N -so epag DELL (�} pFliEe p '9E� RtlEI� t 6 7I ��t�i�p�sl!i��p�'E ➢ f�lli�4l1�!t��i!l�ei!I I rl ri} ISI II hill fl Utl� 1E.!►,.► 101 0 I MW INK FEE EEff Eff Eff Eff Eff Eff OR tow d '4 a � a o � D City of Atascadero Resolution No.2007-047 Page 18 of 24 EXHIBIT N: Lot 6-Floor Plan tlirr i . lI' 9101 Q Ueld ; B�i i �� ;F A� lad eseD elI8 e41 e Y e Y e ] t 1 1`- i '� I�pp�p!f� F �!�I`�l E�j I i}r f• �' �Y Itte !'i II@I !''I B !I• Ei�] iY �� iee ' "! i!ePF� g]I p Flp =�� `i F e� 1� 1,t.� (��• j�t I�� Iltl li l�� E lit I�l,I�li t t ?i:liY�il..t3lll.i� ?p91:i;�8i1.91s1 f_l��]9st�fll�s6i�lgii!Q!Q�g�l�� l3li;!!ld9tl�� It11i1lIIl,�t�il�ili�9i��l:ili ....,Yle,. �S t1 a1 ! 3 9: In ------------ 9r i ----------7-- -----------r i 3 , ------ -------__---__- t i t. b.. I 131 - ----------- I , ------------------------------- I , tlp9fr City of Atascadero Resolution No.2007-047 Page 19 of 24 EXHIBIT O: Lot 6-Elevations Ow Cl��ld qq I N 1i3 91x1 t t�!X311 I "rad RS83 Riles eyl I II II i1 jai !i;h goo ® I� d e City of Atascadero Resolution No.2007-047 Page 20 of 24 EXHIBIT P: Lot 7-Floor Plan irrrr .la h I s� .•!�r .. � jp 11 ] +p j t ip] L101 9 Veld i�iilr ii�j ip 1i !� �1 pt Pj 3 i I' #oefad 13593se3 811@8 841 # 1! t� I g li;'ri11 1�° l]1 e ; f ! rl]p I i s Rl hill!H. 'E°� I #� f �'p ! f• i� I. j�Ip� S � i1 ]t.t] ] ]! p #f I °+I,,•I i� Ip �11°j it ifl,]p�i ir# 1p!]# Ip Eip�9i (Ilrt r+E 8 9� MUM �45`pi41i1!Ii�;iEai ail::pl�i ]lSI ]Ilf�ii4�ii;lll�III�1i�l P1,15'ii1 I liS ii ;E4Eii! o�E9illl IIli��'i1E�96�1�61i ....,.,,.. ;o #r i ip] r i �� f •Y � I —, _ - XC a City of Atascadero Resolution No.2007-047 Page 21 of 24 EXHIBIT Q: Lot 7-Elevations Or pol a UBid N , Pe!ad eseO epaa e41 o t! _ .4 M® Al �irr w � a City of Atascadero Resolution No.2007-047 Page 22 of 24 EXHIBIT R:Tree Protection Plan VIM SL4rtSC.:'•'S[T�S!'S'A •'pc}g—OI.f4�O wN°l�Pa�® �.Ie+..Y s�.,l•.m.awd- /� pM��1Qtt NYId NOLLJ310Nd 37ill 1+.Tf+V } low ��111111111J/1 31 „�.. 1 — I {i 211/111!1111 a �� •�I�1 iF Unri�lmJ as a� j S !i 4# j , J Z City of Atascadero Resolution No.2007-047 Page 23 of 24 EXHIBITS: Utility Plan torr / ,,,, •7 •••i~ ON30YJ5YlY JO AL.7 • at r+ iisT6 ]UV�GYIY � I � � p . �, yv oYlaYxylr o11G w�aros itavo�vroo n q 3 fd NIAs- DI-YSYJ Y3a N31800 83 wrw unun msono- . 1av 9�3 0111IM i I IFI �g 1 i n z1113��gIR` 11 F9FiF:::ytt9 apilky[ �� Yep € � Uj tlltal� li� liltil��Iyl6IPiltll� b a Ila, 611 :11 11 �pr r..Ya•orr�ry.�wrt.) I I 1(It�� I 1 k '� 8 3� � Y � � � yyS �� g 1 � , e J P 1 s� k, City of Atascadero Resolution No.2007-047 Page 24 of 24 EXHIBIT T: Landscape Plan w e Hill 11 'J ii. },a1 j2E 1#9# }5 i ela i !1 sri= iil#ja �3 li %d G I#ag YId NN _ aaaa °kKk _ i 1S S n sra?= � a�aaaaaaaaaaaaaaaaaaaa �!!;}!'�aaaasaaaaaa taaaaaa_aaa � � ? q ,a i �� 1 �J 3 3 ! � ��,�!P �}S 1 k!a 1 = 3 •� *WEL CORTE ROA R � a a aEa � J I � !I a a t i RESO NO. 2007-047 EXHIBIT A Conditions of Approval/Mitigation Monitoring Program _ Planned Development 17/PLN 2099-0795 EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program Planned Development 17 /PLN 2099-0795 Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure IlVlonitoring 8570 E/ Corte Road BL: Business License PS: Planning GP: Grading Permit Services BS: Building PLN 2099-0795 BP: Building Permit Services FD: Fire Deparlmenl FI: Final Inspection PD: Police Department T0: Temporary Occupancy CE: City Engineer WW: Wastewater F0: Final CA City Attorney Occupancy Planning Services 1. The approval of this zone change and use permit shall become final and effective FM PS following City Council approval. 2. The approval of this use permit shall become final and effective for the purposes of FM PS issuing building permits thirty (30) days following the City Council approval of ZCH 2006-0112 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 approve the BP / FM PS, CE 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. 4. Approval of this Conditional Use Permit shall be valid for twelve (12) months after its BP/FM PS 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 shall defend, indemnify, and hold harmless the City of Atascadero or its Ongoin PS agents, officers, and employees against any claim or action brought to challenge an g approval by the city, or any of its entities, concerning the subdivision. 6. All subsequent Tentative Map and construction permits shall be consistent with the BP / FM PS, CE Master Plan of Development contained herein. 7. All exterior elevations, finish materials and colors shall be consistent with the Master BP PS Plan of Development as shown in EXHIBIT D through Q with the following modifications: ■ All exterior material finishes (siding, trim, doors, windows, light fixtures, garage doors) shall be durable, high quality, and consistent with the architectural appearance. ■ Windows shall be gridded on all four elevations. ■ Roofs shall be architectural grade dimensional shingles. ■ Exterior stucco shall be smooth finish or similar. No knock -down finishes will be permitted. Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring BL: Business PS: Planning 8570 E/ Corte Road License services GP: Grading Peanut BS: guiding Services PLN 2099-0795 BP: Building FD: Fire Depadment Permit FI: Final PD: Police Inspection Depa*nenl TO: Temporary CE: City Engineer Occupancy WW: Wastewater F0: Final CA City Attorney Occupancy 8. All site development shall comply with the standards of the Planned Development 17 BP PS, BS Overlay District. ■ All site work, grading, and site improvements shall be consistent with the Master BP/FM PS, BS, Plan of Development as shown in EXHIBIT B, C and T. CE 9. All project fencing shall be installed consistent with EXHIBIT B and T subject to the GP/BP PS following modifications: ■ Fencing material and treatment shall comply with the PD17 standards. ■ Final fence location shall be subject to staff approval. ■ Fencing shall be setback a minimum of 5 -feet from the pedestrian pathway. ■ No fencing shall cross the creek channel nor shall be placed in any way which restricts flow. ■ Fencing adjacent to the open space easement shall be transparent in nature. 10. Final selection of colors and materials shall be subject to staff approval. GP/BP PS 11. A final landscape and irrigation plan shall be approved prior to the issuance of building permits and included as part of site improvement plan consistent with EXHIBIT T, and as follows: ■ All exterior meters, air conditioning units and mechanical equipment shall be screened with landscape material. ■ All areas shown on the landscape plan shall be landscaped by the developer prior to the final of any single building permit on-site. • Final tree list shall be submitted with building permits, 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 species, subject to staff approval. 12. The developer and/or subsequent owner shall assume responsibility for the continued maintenance of all landscape and common areas, consistent with EXHIBIT B and T. 13. Affordable Housing Requirement: The applicant shall deed restrict one unit at the GP/BP PS, CA moderate income rate or shall pay in -lieu fees for each unit based on 5% of the Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring 8570 E/ Corte Road BL: Business PS: Planning License PS: Peas PerGrading SerBS: Building Permit PLN 2099-0795 Services BP: Building FD: Fre Depa l rent Permit FD: Police FI: Final Department Inspection CE: City Engineer OO:pancy ry WW: Wastewater Occupancy F0: Final CA City Attorney Occupancy construction valuation of each unit. 14. Workforce Housing: Prior to recordation of final map, the applicant shall enter into a BP PS, CA 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 ■ The City Attorney shall approve the final form of the agreement. 15. A Tree Protection Plan shall be submitted with subsequent building permits for GP/BP PS encroachment within the drip line of native trees located on the subject parcel and any adjacent properties. The applicant will contract with a certified arborist to monitor all activity within the drip lines of existing native oak trees and the existing riparian vegetation. 16. The applicant shall contract with an arborist to monitor the construction of the retaining wall adjacent to the riparian cottonwood tree. A mitigation deposit will be required for the cottonwood tree to be in effect a minimum of 2 years after the date of construction. 17. An address marker to include address for all units shall be located at the public street GP/BP PS access point. The address marker shall be compatible with the project architecture. 18. The emergency services and facility maintenance costs listed below shall be BP PS 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 Conditions of Approval / 'riming Responsibil Mitigation Mitigation Monitoring Program ity Measure (Monitoring BL: Business 8570 E/ Corte Road License PS: Planning GP: Grading Permit Services BS: Building PLN 2099-0795 BP: Building Pemtit Services FD: Fire Depa tment Final ection Ins PD: Police Department TO: Temrnporary Occupancy Occupancy CE: City Engineer WW: Wastewater F0: Final CA City Momey Occupancy related to the project. 19. All tract maintenance costs listed below shall be 100% funded by the project in BP PS 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 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 20. Prior to final map, the applicant shall submit CC&Rs for review and approval by the BP PS, BS 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 in perpetuity. b) A detailed list of each individual homeowners responsibilities for maintenance of the individual units. c) Residents shall keep all trash receptacles within the unit's designated trash storage 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 Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring 8570 E/ Corte Road BL: Business License PS: Planning Services GP: Grading Permit BS: Building PLN 2099-0795 BP: Building Permit Services FD: Fire Depadmenl Fl: Final Inspection PD: Police Department Occupancy Occupancy CE: City Engineer WW: Wastewater F0: Final CA City Attorney Occupancy requirements prior to the changes being recorded or taking effect. 21. Approval of this permit shall include the removal of 1 Native Tree. The applicant shall BP PS, BS be required to pay mitigation fees or provide replantings on-site per the requirements of the Atascadero Native Tree Ordinance. Any additional removals shall be subject to Planning Commission approval. ■ A mitigation deposit shall be collected for the two valley oak trees located adjacent to the pedestrian pathway linking La Linia Ave to EI Corte. 22. The applicant must provide for the repair and maintenance of on-site shared FM CE 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. 23. The pedestrian bridge shall be maintained by the homeowners association and shall GP CE be constructed to be low maintenance. Design of the bridge shall be approved by the City Engineer and Planning Department 24. The perimeter retaining walls shall be maintained by the Homeowners Association FM CEPS City Engineer Project Conditions 24. The public walkway between Bella Casa Court and La Linia Road shall be contained FM CE within a public access easement. 25. Bella Casa Court shall be located within a public access easement. FM CE City Engineer Standard Conditions 26. In the event that the applicant bonds for the public improvements required as a GP, BP CE condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 27. An engineer's estimate of probable cost shall be submitted for review and approval GP, BP CE Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring 8570 E/ Corte Road BL: Business License PS: Planning Services GP: Grading Permil BS: Building PLN 2099-0795 BP: Building Permit Services FD: Fre Deparlmenl FI: Final Inspection PD: Ponce Department Occupancy Occupancy CE: Cily Engineer yydrd Wastewater F0: Final CA City Attorney Occupancy by the City Engineer to determine the amount of the bond. 28. The Subdivision Improvement Agreement shall record concurrently with the Final FM CE Map. 29. A six (6) foot Public Utility Easement (PUE) shall be provided contiguous to the GP, BP CE property frontage. 30. The applicant shall acquire title interest in any off-site land that may be required to GP, BP CE 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. 31. Slope easements shall be obtained by the applicant as needed to accommodate cut GP, BP CE or fill slopes. 32. Drainage easements shall be obtained by the applicant as needed to accommodate GP, BP CE both public and private drainage facilities. 33. A preliminary subdivision guarantee shall be submitted for review in conjunction with FM CE the processing of the tract map. 34. The final map shall be signed by the City Engineer prior to the map being placed on FM CE the agenda for City Council acceptance. 35. Prior to recording the tract map, the applicant shall pay all outstanding plan FM CE checklinspection fees. 36. Prior to recording the map, the applicant shall bond for or complete all improvements FM CE required by these conditions of approval. 37. Prior to recording the tract map, the applicant shall bond for or set monuments at all FM CE new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the parcel map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 38. Prior to recording the tract map, the applicant shall submit a map drawn in substantial FM CE 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. 39. All existing and proposed utility, pipeline, open space, or other easements are to be FM CE 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. Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring 8570 E/ Corte Road BL: Business LicenseServices PS: Planning GP: Grading Permit BS: Building PLN 2099-0795 BP: Building Services FD: Fre DepartmentPerms InspectionFina PD: PoliceFl: Department TO:TO:Ternmporary Occupancy CE: City Engineer WW:Wastewater F0: Final CA City Attorney Occupancy 40. Prior to recording the tract map, the applicant shall have the map reviewed by all FM CE 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. 41. Prior to the issuance of building permits the applicant shall submit plans and GP, BP CE supporting calculations/reports including street improvements, underground utilities, composite utilities, and grading/drainage plans prepared by a registered civil engineer for review and approval by the City Engineer. 42. Submit calculations to support the design of any structures or pipes. Closed conduits GP, BP CE 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. 43. Provide for the detention and metering out of developed storm runoff so that it is GP, BP CE equal to or less than undeveloped storm runoff. 44. Drainage basins shall be designed to desilt, detain and meter storm flows as well as GP, BP CE release them to natural runoff locations. 45. Show the method of dispersal at all pipe outlets. Include specifications for size & type GP, BP CE of rip rap. 46. Concentrated drainage from off-site areas shall be conveyed across the project site GP, BP CE in drainage easements. Acquire drainage easements where needed. Drainage shall cross lot lines only where a drainage easement has been provided. If drainage easement cannot be obtained the storm water release must follow the exact historic path, rate and velocity as prior to the subdivision. 47. Applicant shall submit erosion control plans and a Storm Water Pollution Prevention GP, BP CE Plan (SWPPP). The Regional Water Quality Control Board shall approve the SWPPP. 48. All public improvements shall be constructed in conformance with the City of GP, BP CE Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer 49. The on-site streets shall be improved consistent with the Tentative Tract Map. GP, BP CE 50. Off-site streets shall be improved consistent with the Tentative Tract Map. GP, BP CE 51. Alignment of frontage improvements shall be approved by the City Engineer. GP, BP CE 52. A mechanism to provide for the funding of maintenance for lighting, street GP, BP CE improvements, special paving surfaces, sewer, storm drain, common area Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring BL: Business 8570 E/ Corte Road License PS: Panning PerGrading Permit Services BS: Building PLN 2099-0795 Bp. Building Permit Services FD: FD: Fre Depa tmenl FI: Final Inspection Police Department TO: Temporary Occupancy CE: City Engineer WW: Wastewater F0: Final CA City Attorney Occupancy landscape, open space, and hardscape shall be provided. 53. All utilities shall be undergrounded on project frontage GP, BP CE 54. A mechanism must be provided to fund the maintenance of all sewer mains GP, BP CE throughout the project area. The developer shall establish a benefit maintenance assessment district, or similar funding mechanism, approved by the City, to provide sufficient funds, on an annual basis, to pay for the maintenance activities on the sewer mainline and related facilities within the project area. 55. All onsite sewer mains shall be privately owned and maintained. FM CE 56. Prior to recording the final map, provisions for the repair and maintenance of the FM CE 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. 57. Applicant shall pay sewer extension (Annexation), Connection and Reimbursement BP CE fees (if applicable) upon issuance of building permit. 58. Gravity mains within the subdivision shall be eight (8) inches in diameter. BP CE 59. Drainage piping serving fixtures which have flood level rims located below the BP CE 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. 60. All sanitary sewer (SS) mains shall terminate in manholes unless extension of the BP CE main, at some later date, is anticipated. If extension of a SS main is anticipated, said SS main may terminate in a cleanout providing the next downstream manhole is less than 300 linear feet from the cleanout and that the point of termination is not a reasonable location for a SS main angle point or intersection. Atascadero Mutual Water Company 61. Before the issuance of building permits, the applicant shall submit 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. Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring 8570 E/ Corte Road BL: Business PS: Planning License Services GP: Grading BS:Buiding Permit PLN 2099-0795 Services BP: Building FD: Fre Department Permi PD: Police FI: Final Inspection Depadmenl TO:Temporary CE City Engineer Occupancy WW: Waslewater FO: Final CA Cdy Attorney Occupancy 62. Before issuance of building permits, the applicant shall obtain a "Will Serve" letter from AMWC for the newly created lots within the subdivision. Mitigation Measure 1.c.1: All retaining walls shall be constructed of dark color split face BP PS 1.c.1 block or of similar color and texture to blend into the surrounding natural environment. Mitigation Measure 1.c.2: each unit shall be painted with darker earth toned colors. All BP PS 1.c.2 materials shall be high quality and designed to blend with the surrounding environment. Mitigation Measure 3.b.1: The project shall be conditioned to comply with all BP BS 3.b.1 applicable District regulations pertaining to the control of fugitive dust (PM -10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. ■ Asbestos has been identified by the state Air Resources Board as a toxic air contaminant. Serpentine and ultramafic rocks are very common in the state and may contain naturally occurring asbestos. Under the State Air Resources Board Air Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface Mining Operations, prior to any grading activities at the site, the project proponent shall ensure that a geologic evaluation is conducted to determine if naturally occurring asbestos is present within the area that will be disturbed. If Naturally Occurring Asbestos (NOA) is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM for Construction, Grading, Quarrying, and Surface Mining Operations. If NOA is not present, an exemption request must be filed with the District. If NOA is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM. This may include development of an Asbestos Dust Mitigation Plan and an Asbestos Health and Safety Program for approval by the APCD. Should Naturally Occurring Asbestos be identified within the area of construction, and the worked area will be less than or equal to one acre, then the dust control measures identified below are required. If the disturbed area is greater than one acre, additional requirements may include but are not limited to 1) an Asbestos Dust Mitigation Plan which must be approved by the District before construction begins, and 2) an Asbestos Health and Safety Program will also be required for some projects. ■ Dust Control Measures for Construction and Grading Operation Projects One Acre or Less: No person shall engage in any construction or grading operation on property where the area to be disturbed is one (1.0) acre or less unless all of the following dust mitigation measures are initiated at the start and maintained throughout the duration of the construction or grading activity: (A) Construction vehicle speed at the work site must be limited to fifteen(15) miles per hour or less; (B) Prior to any ground disturbance, sufficient water must be applied to the area to be disturbed to prevent visible emissions from crossing the property line; Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring 8570 E/ Corte Road BL: Business PS: Planning License PS: Pias Per Grading SerBS: Building Per PLN 2099-0795 Services BP: Building FD: Fre Dem lmenl Fl: Finrnh PD: Police FI: Final Department Inspection CE: City Engineer WW: Wastewater Occupancy Occupancy F0: Final CA City Attorney Occupancy (C) Areas to be graded or excavated must be kept adequately wetted to prevent visible emissions from crossing the property line; (D) Storage piles must be kept adequately wetted, treated with a chemical dust suppressant, or covered when material is not being added to or removed from the pile; (E) Equipment must be washed down before moving from the property onto a paved public road; and (F) Visible track-out on the paved public road must be cleaned using wet sweeping or a HEPA filter equipped vacuum device within twenty-four 24 hours. Mitigation Measure 3.b.2: Naturally Occurring Asbestos (NOA) has been identified by BP PS 3.b.2 the state Air Resources Board as a toxic air contaminant. Serpentine and ultramafic rocks are very common in the state and may contain naturally occurring asbestos. Under the State Air Resources Board Air Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface Mining Operations, prior to any grading activities at the site, the project proponent shall ensure that a geologic evaluation is conducted to determine if naturally occurring asbestos is present within the area that will be disturbed. If naturally occurring asbestos 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. These 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. Mitigation Measure 4.b.1: Replace willow tree removals at a ratio of 3:1 for any willow BP PS 4.b.1 removals necessary to construct the pedestrian connection to La Linia Ave. Willow stakes shall be spaced approximately 4-feet apart according to ACOE recommendations. Stakes shall be placed deep enough to reach water during summer months with 50% - 80% of the stakes below ground. Willow stakes should be collected from existing native willow trees in the vicinity of the project area (preferably the ones being removed). Mitigation Measure 4.b.2: prior to issuance of building permits, the Cottonwood tree GP PS 4.e.4 shall be treated to eliminate existing mistletoe plants. Mitigation Measure 4.e.1: The Grading Plan shall identify tree protection fencing GP/BP PS 4.e.1 around the dripline, or as recommended by the project arborist, of each existing on- site or off-site native tree. Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring 8570 E/ Corte Road BL: Business License PS: Planning GP: Grading Permit services BS: Building PLN 2099-0795 BP: Building Perms Services FD: Fre Depadmenl InsFI: Final PD: Police Department TO: Temn CE: Cily Engineer WW: Wastewater Occupancy Occupancy F0: Final CACiyMomey Occupancy Mitigation Measure 4.e2: Grading and excavation and grading work shall be GP Ps 4.e.2 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. Conditions of Approval / Mitigation Monitoring Program 8570 E/ Corte Road PLN 2099-0795 Timing Responsibil Mitigation ity Measure /Monitoring 8L: Business PS: Planning License Services GP: Grading Permit BS: Building Services BP: Building FD: Fre Department Perini PD: Police Fl: InspectionFinaDepartment TO:TemrrCE: City Engineer WW: Wastewater Occupancy Oupancy F0: Final CA City Attorney Occupancy Mitigation Measure 4.e.3: The developer shall contract with a certified arborist during GP PS 4.e.3 all phases of project implementation. The certified arborists shall be responsible for monitoring the project during all phases of construction through project completion, as follows: (a) A written agreement between the arborist and the developer outlining a arborist monitoring schedule for each construction phase through final inspection shall be submitted to and approved by planning staff prior to the issuance of building/grading permits. (b) Arborist shall schedule a pre-construction meeting with engineering /planning staff, grading equipment operators, project superintendent to review the project conditions and requirements prior to any grubbing or earth work for any portion of the project site. All tree protection fencing and trunk protection shall be installed for inspection during the meeting. Tree protection fencing shall be installed at the line of encroachment into the tree's root zone area. (c) As specified by the arborist report and City staff: ■ Prune all trees in active development areas to be saved for structural strength and crown cleaning by a licensed and certified arborist; ■ Remove all debris and spoils from the lot cleaning and tree pruning. ■ In locations where paving is to occur within the tree canopy, grub only and do not grade nor compact. Install porous pavers over a three-inch bed of 3/4 inch granite covered with one-inch pea gravel for screeding. If curbs are required, use pegged curbs to secure the porous pavers. Pegged curbs are reinforced six to eight curbs poured at grade with a one-foot by one-foot pothole every four to six linear feet. ■ All trenching or grading within the protected root zone area, outside of the tree protection fence shall require hand trenching or preserve and protect roots that are larger than 2 inches in diameter. ■ No grading or trenching is allowed within the fenced protected area. ■ Any roots that are 4 inches in diameter or larger are not to be cut until inspected and approved by the on-site arborist. (d) Upon project completion and prior to final occupancy a final status report shall be prepared by the project arborist certifying that the tree protection plan was implemented, the trees designated for protection were protected during construction, and the construction-related tree protection measures are no longer required for tree protection. Mitigation Measure 6.b: The grading permit application plans shall include erosion GP CE 6.b control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. Mitigation Measure 6.c.d: A soils report shall be required to be submitted with a future GP BS 6.c.d 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. Conditions of Approval / Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring 8570 E/ Corte Road BL: Business License PS: Planning GP: G Grading Perntit Services BS; Building PLN2099-0795 BP: Building services FD: Fre Deparlmenl Permit FI: Final PD: Police Department Inspection TO: Temporary CE: City Engineer Occupancy F0: Final WW: Wastewater CA City Allomey Occupancy Mitigation Measure 8e.f.1: A Stormwater Pollution Prevention Plan (SWPPP)/Erosion BP CE 8.e.f Control Plan shall be submitted and approved by the City Engineer prior to the issuance of the building permit. The plan shall include storm water measures for the operation and maintenance of the project for the review and approval of the City Engineer. The Building Permit application plans shall identify Best Management Practices (BMPs) appropriate to the uses conducted on site that effectively prohibit the entry of pollutants into storm water runoff. Mitigation Measure 8.e.f 2: The developer is responsible for ensuring that all BP BS,PS,CE 8.ef.2 contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop work orders. Mitigation Measure 11.d: All construction activities shall comply with the City of Ongoing BS/PS 11.d Atascadero Noise Ordinance for hours of operation. Mitigation Measure 15.a.b.1: Frontage improvements shall be required along EI Corte BP CE 15.a.b.1 Rd and La Linia Ave. Additional improvements may be required, subject to the approval of the City Engineer.