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Home My WebLink About2007-076 RESOLUTION NO. 2007-076 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CA, APPROVING CONDITIONAL USE PERMIT 2007-0209 (MASTER PLAN OF DEVELOPEMNT) ON APN 029-062-013 5440 Traffic Way (Habitat for Humanity) WHEREAS, an application has been received from Habitat for Humanity for San Luis Obispo County (P.O. Box 613, San Luis Obispo, CA 93406) Applicants and Property Owners, to consider a project consisting of a Zone Change from RMF-16 (Residential Multi-family-16) to RMF-16/PD30 (Residential Multi-Family-16 with a Planned Development Overlay 30) with corresponding Master Plan of Development and Vesting Tentative Parcel Map located at 5440 Traffic Way, (APN 029-062-013); and, WHEREAS, the Planning Commission has recommended that the site's Zoning District be changed from RMF-16 (Residential Multi-Family-16) to RMF-16 with PD 30 (Residential Multi-Family-16 with a Planned Development Overlay 30); and, WHEREAS, the Planned Development 30 Overlay Zone requires the adoption of a Master Plan of Development, approved in the form of a Conditional Use Permit; and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2007-0007 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 July 17, 2007 studied and considered the Conditional Use Permit 2007- 0209 (Master Plan of Development), after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project and recommended approval of the project to the City Council, and, err City of Atascadero Resolution No. 2007-076 Page 2 of 19 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 proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) including provisions of the PD-30 Overlay Zone; and, 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, 4. 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 surrounding neighborhood that would result from full development in accordance with the Land Use Element; and WW 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. SECTION 2. Findings 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; or ■ If saving tree eliminates all reasonable uses of the property. ■ If saving the tree requires the removal of more desirable trees. City of Atascadero Resolution No. 2007-076 Page 3 of 19 SECTION 3. Recommendation of Approval. The City Council of the City of Atascadero, in a regular session assembled on August 28, 2007 resolved to approve Conditional +wrr Use Permit 2007-0209 (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: Floor Plans EXHIBIT D: Elevations EXHIBIT E: Preliminary Landscape Plan EXHIBIT F: Irrigation Plan EXBIBIT G: Tree Removal Application On motion by Council Member Beraud, and seconded by Council Member Brennler, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: Council Members Beraud, Brennler, Clay and Mayor Luna NOES: None ABSTAIN: Council Member O'Malley ABSENT: None ADOPTED: August 28, 2007 AFCITSCADERO, CA Mike Brennfer,Mayor Pro Tem ATTEST: hIL411,01t,1- Marcia McClure Torgerson, C.M.C. ity Clerk APPRO ED AS TO FORM: Patrice:. Wight, City Attorney r�r. City of Atascadero Resolution No. 2007-076 Page 4 of 19 EXHIBIT A:Conditions of Approval/Mitigation Monitoring Program Planned Development-30/PLN 2007-12011CUP 2007-0209 �rinr Conditions of Approval/ Timing Responsibil Mitigation ity Measure Mitigation Monitoring Program /Monitoring FM: Find Map BL:Business PS:Planning 5440 Traffic Way LiceServicesServiceses GP: ading Permit BS:Building BP:Building Pemit Services FI:Final Inspection FD:Fire Departnent PLN 20074201 TO:Temporary PD:Police Occupancy Department F0:Final CE:C4 Engineer Planned Development Overlay 30 occupancy WW:Wastewater CA:City Attorney Planning Services 1. 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 2007-0136 and ZCH 2007-0137 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. 2. 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. �Itirlr __ 3. Approval of this Conditional Use Permit shall be valid for twelve(12)months after BP/FM PS its effective date. At the end of the period,the approval shall expire and become null and void unless the project has received a building permit. 4. The applicant shall defend,indemnify,and hold harmless the City of Atascadero or Ongoing PS its agents,officers,and employees against any claim or action brought to challenge on approval by the City,or any of its entities,concerning the subdivision 5. All subsequent Tentative Map and construction permits shall be consistent with the BP/FM PS,CE Master Plan of Development contained herein. 6. All site development shall comply with the standards of the Planned Development BP PS,BS 30 Overlay District. 7. All exterior elevations,finish materials and colors shall be consistent with the BP PS/BS Master Plan of Development as shown in EXHIBITS B through F. 8. Driveway width shall be 20 feet,in accordance with Fire Department standards and BP PS, BS shall be constructed of pavers and edged in a darker colored paver to provide definition and reduce monotony. 9. All site work,grading,and site improvements shall be consistent with the Master BP/FM PS, BS, Plan of Development as shown in EXHIBITS B through F as revised July 16"', CE 2007. Where discrepancies exist between the landscape plan and the grading plan,the grading plan will take precedence. 61111111111111 City of Atascadero Resolution No. 2007-076 Page 5 of 19 Conditions of Approval/ Timing Responsibil Mitigation ity Mitigation Monitoring Program tMeasure (Monitoring FM. Find Map BL:Business PS:Planning 5440 Traffic Way License Seances GP:Grading Permit BS:Building BP:Building Permit Services Fl:Final Inspection FD:Fire Department PLN 2007-1201 TO:Temporary PD:Police Occupancy Department F0:Final CE:City Engineer Planned Development Overlay 30 Occupancy WW:wastewater CA City Attorney 10. All project landscaping and fencing shall be installed consistent with EXHIBITS B GP/BP PS through F as revised July 16th,2007 with additional landscaping installed between the front building and the edge of the driveway. 11. The proposed project shall incorporate colors consistent with the color boards for GP/BP PS the project,on file in Community Development Department. 12. Prior to final inspection of building permits,all landscaping,consistent with Exhibits BP PS E and F as revised July 16th.2007 shall be installed,including all irrigation materials and working,with additional landscaping installed between the driveway and the eastern(front)most building. The number of native oak trees in the landscaping plan shall be reduced and replaced with a fast growing,urbanized species. 13. The developer and/or subsequent owner(s)shall assume responsibility for the FM/ PS continued maintenance of all landscape and common areas,consistent with Ongoing EXHIBITS B through F,as revised July 16th,2007. 14. This project is an Affordable Housing project and all units shall be deed restricted FM/BP PS,CA at the very low income level for a period of 45 years,consistent with the City's Redevelopment Plan. 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. BP PS 16. The emergency services and facility maintenance costs listed below shall be 100%funded by the project in perpetuity. The service and maintenance costs shall be funded through a community facilities district established by the City at the developer's cost. The funding mechanism must be in place prior to or concurrently with acceptance of the final maps. The funding mechanism shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any final map. The administration of the above mentioned funds shall be by the City. Developer agrees to participate in the community facilities district and to take all steps reasonably required by the City with regard to the establishment of the district and assessment of the property. ■ All Atascadero Police Department service costs to the project. ■ All Atascadero Fire Department service costs to the project. ■ Off-site common City of Atascadero park facilities maintenance service costs related to the project. 17. All tract maintenance costs listed below shall be 100% funded by the project in BP PS goo perpetuity. The service and maintenance cost shall be funded through a Home Owners Association established by the developer subject to City approval. The City of Atascadero Resolution No. 2007-076 Page 6 of 19 Conditions of Approval I Timing Responsibil Mitigation Mitigation Monitoring Program iMeasure /Monittoring FM Fal MapBL:Business PS:Planning 5440 Trak License Way GP:Grading Permit BS:Buis BP:Building Permit lding Ser Bui FI:Final Inspection Services PLN 2007-1201 TO:Temporary FD:Fire Department OPD:Police Occupancy FDepartment 0:Final Occupancy CE:City Engineer Planned Development Overlay 30 WW:Wastewater CA City Attorney 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, sidewalks, streetlights, street signs, roads, emergency access roads,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 two planters, manufactured slopes outside private yards, and other similar facilities. g) All frontage landscaping and sidewalks along arterial streets 18. 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 homeowner's responsibilities for maintenance of the individual units. c) A detailed list of each individual homeowner's responsibilities for maintenance of the 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 requirements prior to the changes being recorded or taking effect. The applicant may choose not to record CC&R's as shared facilities are +rllr minimal. In this case,the applicant will be required to record a combination of City of Atascadero Resolution No. 2007-076 Page 7 of 19 Conditions of Approval/ Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring FM'. Find Map BL:Business PS:Planning 5440 Traffic Way License Services GP:Grading Permit BS:Building BP:Building Perint Services FI:Final Inspection FD:Fire Department PLN 2007-1201 TO:Temporary PD:Police Occupancy Department F0:Final CE:City Engineer Planned Development Overlay 30 Occupancy WW:Wastewater CA.City Attorney deed restrictions alerting future owners to project conditions and maintenance agreements for the shared maintenance of the drainage and shared parking facilities. 19. Approval of this permit shall include the removal of 2 Native Trees. The applicant BP PS, BS shall be required to pay mitigation fees 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 all native trees impacted 40% or greater. The deposit shall be released no sooner than 18 months following final of the unit(s)impacting the trees. 20. The applicant must provide for the repair and maintenance of on-site shared FM CE improvements.This includes guest parking areas that cross property lines,shared driveways,and common drainage facilities.The two methods that may be used are: a. Homeowners Association.This private organization would be responsible for the itrrri maintenance, repair and replacement of the facilities. b.Other form of non-revocable maintenance agreement approved by the City Engineer and the Community Development Director. The City Engineer and City Attorney shall approve the final form prior to recordation. City Engineer Project Conditions 1. In the event that the applicant bonds for the public improvements required as GP, BP CE a condition of this project, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 2. An engineer's estimate of probable cost shall be submitted for review and GP, BP CE approval by the City Engineer to determine the amount of the bond. 3. The Subdivision Improvement Agreement shall record concurrently with any FM CE Final Map. 4. A six (6) foot Public Utility Easement (PUE) shall be provided contiguous to GP, BP CE the property frontage. 5. The applicant shall acquire title interest in any off-site land that may be GP, BP CE 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 ii egress is affected by these improvements. City of Atascadero Resolution No. 2007-076 Page 8 of 19 Conditions of Approval I Timing Responsibil Mitigation ity Measure Mitigation Monitoring Program /Monitoring FM. Final Map BL:Business PS:Planning 5440 Traffic Way License Services GP:Grading Permit BS:Building BP:Building Pemit Services FI:Final Inspection FD:Fire Department PLN 20074201 TO:Temporary PD:Police Occupancy Department F0:Final CE:City Engineer Planned Development Overlay 30 Occupancy WW:Wastewater CA City Attorney 6. Slope easements shall be obtained by the applicant as needed to GP, BP CE accommodate cut or fill slopes. 7. Drainage easements shall be obtained by the applicant as needed to GP, BP CE accommodate both public and private drainage facilities. 8. A preliminary subdivision guarantee shall be submitted for review in FM CE conjunction with the processing of the parcel map. 9. The final map shall be signed by the City Engineer prior to the map being FM CE placed on the agenda for City Council acceptance. 10. Prior to recording the parcel map, the applicant shall pay all outstanding plan FM CE check/inspection fees. 11. Prior to recording the map, the applicant shall bond for or complete all FM CE improvements required by these conditions of approval. 12. Prior to recording the parcel map,the applicant shall submit a copy of a valid FM CE tax bond. 13. Prior to recording the parcel 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 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. 14. Prior to recording the parcel map, the applicant shall submit a map drawn in FM CE 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 easements are FM CE to be shown on the parcel map. If there are building or other restrictions related to the easements, they shall be noted on the parcel map. The applicant shall show all access restrictions on the parcel map. 16. Prior to recording the parcel map, the applicant shall have the map reviewed FM CE 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. City of Atascadero Resolution No. 2007-076 Page 9 of 19 Conditions of Approval/ Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring fM: ArA Map BL:Business pS:Planning 5440 Trak Way License Services GP:Grading Permit BS:Building BP:Building Pemrt Services FI:Final Inspection FD:Fire Department PLN 2007-7201 To:Temporary PD:Police Occupancy Department F0:Final CE:City Engineer Planned Development Overlay 30 °ocepanCY WW:wastewater CA City Attorney 17. 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. 18. Prior to the issuance of building permits the applicant shall submit calculations GP, BP CE to support the design of any structures or pipes. 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. Prior to the issuance of building permits the applicant shall provide for the GP, BP CE detention and metering out of developed storm runoff so that it is equal to or less than undeveloped storm runoff. 20. Drainage basins shall be designed to desilt, detain and meter storm flows as GP, BP CE well as release them to natural runoff locations. 21. Prior to the issuance of building permits the applicant shall show the method GP, BP CE of dispersal at all pipe outlets. Include specifications for size&type. low 22. Prior to the issuance of building permits the applicant shall show method of GP, BP CE conduct to approved off-site drainage facilities. 23. Concentrated drainage from off-site areas shall be conveyed across the GP, BP CE project site in drainage easements. Acquire drainage easements where needed. Drainage shall cross lot lines only where a drainage easement has been provided. If drainage easement cannot be obtained the storm water release must follow the exact historic path, rate and velocity as prior to the subdivision. 24. 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 25. Project shall include construction of curb, gutter and sidewalk along entire GP, BP CE frontage. 26. Alignment of frontage improvements shall be approved by the City Engineer. GP, BP CE 27. All utilities shall be underground on project frontage. GP, BP CE 28. Applicant shall pay sewer extension (Annexation), Connection and BP CE Reimbursement fees(if applicable)upon issuance of building permit. 29. 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 b City of Atascadero Resolution No. 2007-076 Page 10 of 19 Conditions of Approval/ Timing Responsibil Mitigation Mitigation Monitoring Program ity Measure /Monitoring i� FM: Fnal Map BL:Business PS:Planning 5440 Trac Way License Services GP:Grading Permit BS:Building BP:Building Pemit Services FI:Final Inspection FD:Fire Department PLN 2007-1201 TO:Temporary PD:Police Occupancy Department F0:Final CE:City Engineer Planned Development Overlay 30 Occupancy y,,W Wastewater CA:City Attorney installing an approved type backwater valve. Fixtures above such elevation shall not discharge through the backwater valve. Mitigation Measures Mitigation Measure 3.b.1: The project shall be conditioned to comply with all BP,GP BS,PS,CE 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. Section 6.3: Construction Equipment • Maintain all construction equipment in proper tune according to manufacturer's specifications. ■ Fuel all off-road and portable diesel powered equipment, including but not limited to bulldozers,graders, cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power units,with ARB certified motor vehicle diesel fuel (Non-taxed version suitable for use off-road). • Maximize to the extent feasible,the use of diesel construction equipment meeting the ARB's 1996 or newer certification standard for off-road heavy-duty diesel engines. Install diesel oxidation catalysts (DOC), catalyzed diesels particulate filters (CDPF)or other District approved emission reduction retrofit services (Required for projects grading more than 4.0 acres of continuously worked area). Section 6.4: Activity Management Techniques • Develop a comprehensive construction activity management plan designed to minimize the amount of large construction equipment operating during any given time period. ■ Schedule of construction truck trips during non-peak hours to reduce peak hour emissions. ■ Limit the length of the construction workday period, if necessary. • Phase construction activities, if appropriate. 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. r All disturbed soil areas not subject to re-vegetation should be stabilized using City of Atascadero Resolution No. 2007-076 Page 11 of 19 Conditions of Approval I Timing Responsibil Mitigation ity Mitigation Monitoring Program tMeasure /Monitoring FM. Final Wp iY BL:Business PS:Planning 5440 Trak Way License Services GP:Grading Permit BS:Building BP:Building Permit Services FI:Final Inspection FD:Fire Department PLN 2007-1201 TO:Temporary PD:Police Occupancy Department F0:Final CE:City Engineer Planned Development Overlay 30 occupancy M Wastewater CA:City Attorney 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 completed 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 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 wash 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. VIrw Mitigation Measure 4.e.1: The grading plan shall identify tree protection fencing BP,GP PS a.e.1 around the dripline of each native tree and/or native shrub mass,on or off site, which is not proposed for removal, and is within 20 feet of construction activity. Mitigation Measure 4.e.2: Grading and excavation work shall be consistent with the BP,GP PS City of Atascadero Tree Ordinance. Special precautions when working around native trees include: ■ All existing trees outside of the limits of work shall remain. ■ Earthwork shall not exceed the limits of the project area. • Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. • Vehicles and stockpiled material shall be stored outside the dripline of all trees. ■ 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. ■ Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. ■ All recommendations detailed in the Arborist's Report, dated February 12, 2007, and amended April 6,2007 by A&T Arborists shall be followed, including: fencing, soil aeration, chip mulch,trenching, grading, exposed roots, paving, equipment operations, existing surfaces,construction materials and waste, preconstruction meeting, pruning, landscape, and utility placement. ■ All recommendations detailed in the Arborist's Report, dated February 9,2007, prepared by A&T Arborists specifically for the 65"Valley oak, shall be followed, including: pruning, drainage holes,vacuuming, screen, annual treatments, annual inspections, keeping dripline free of plantings and/or storage, no am irrigation and no excavation. City of Atascadero Resolution No. 2007-076 Page 12 of 19 Conditions of Approval/ Timing Responsibil Mitigation Mitigation Monitoring Program iit Measure 9 9 9 /Monitoring FM: Final Map BL:Business PS:Planning 5440 Trac Way License Seances GP:Grading Permit BS:Building BP:Building Permit Services FI:Final Inspection FD:Fire Department PLN 2007-120-1 TO:Temporary PD:Police Occupancy Department F0:Final CE:City Engineer Planned Development Overlay 30 Occupancy WW Wastewater CA:City Attorney Mitigation Measure 4.e.3: All recommendations in the Arborist Report, prepared by BP,GP PS,BS 4.e.2 A&T Arborist and all addendums and supplements shall be followed. All impacts to native trees shall be mitigated in accordance with the Atascadero Municipal Code Section 9-11.105. Mitigation Measure 5.d.1: Should any cultural resources be unearthed during site BP,GP PS,BS development work,the provisions of CEQA-Section 15064.5,will be followed to reduce impacts to a non-significant level. Mitigation Measure 5.1 In the event of the accidental discovery or recognition of BR GP PS,BS any human remains,there shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the coroner of the county in which the remains are discovered has been contacted to determine that no investigation of the cause of death is required, and to determine if the remains are of Native American heritage. If the remains are of Native American Heritage,the coroner shall contact the Native American Heritage Commission within 24 hours. Mitigation Measure 6.a.1: All construction on site shall comply with the seismic BP BS,PS,CE construction standards for Seismic Construction Zone 4 per the California 2001 Building Code. Mitigation Measure 6.a.2: Prior to issuance of building permits, a geological site BP BS,PS,CE study shall be submitted for review. This study shall address seismic ground shaking and liquefaction potential and make recommendations for minimizing any potential hazards. All recommendations of the study shall be implemented during the construction of the dwelling units. Mitigation Measure 6.b.1: All cut and fill slopes shall be hydro seeded with an BP BS,PS,CE appropriate erosion control method (erosion control blanket, hydro-mulch, or straw mulch appropriately anchored)immediately after completion of earthwork. All disturbed slopes shall have appropriate erosion control methods in place. Duration of the project: The contractor will be responsible for the clean up of any mud or debris that is tracked onto public streets by construction vehicles. Mitigation Measure 6.c.d.1: A soils report shall be required to be submitted with a BP PS 6.c.1 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 all BP,GP PS,BS,CE 8.e.f.1 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 orders. +rirr City of Atascadero Resolution No. 2007-076 Page 13 of 19 Conditions of Approval/ Timing Responsibil Mitigation ity Measure Mitigation Monitoring Program /Monitoring FM. Final Map BL:Business PS:Planning Lice5440 Traffic Way GP: Services GP:Grading Penni[ BS:Building BP:Building Permit Serves FI:Final Inspection FD:Fire Department PLN 2007-�20� TO:Temporary PD:Police Occupancy Department F0:Final CE:City Engineer Planned Development Overlay 30 Occupancy CA:City teWaty CA: Allomey Mitigation Measure 11.d.1: All construction activities shall comply with the City of BP,GP PS,BS,CE 11.d.1 Atascadero Noise Ordinance for hours of operation. woo 4ow City of Atascadero Resolution No. 2007-076 Page 14 of 19 EXHIBIT B: Master Plan of Development/Site Plan err 11 7'1 s s gg I a 6 % ` i ,.,.i ' rilYl► City of Atascadero Resolution No. 2007-076 Page 15 of 19 EXHIBIT C: Floor Plans arm a t- W x yy$e N EJ &M W r _.........._.. LL II b 11 � O � daQ U Oo�NZQ wH � Wo Q Haa ElOR 8 N1.. iN ;�jjl��i,i i a I 1 I�1 Inti s4„iiN�EIC� arra City of Atascadero Resolution No. 2007-076 Page 16 of 19 EXHIBIT D: Elevations liililY Foil 5 d 3m - FIND E EM � 1 u�u yy d L1 d 0 � 00 �] J O N 1SS � 9gyp rA Cl1 n. n � p ov :. ul BE)B Z m � a d I F-• � r -n i E .s .z N x t y �r City of Atascadero Resolution No. 2007-076 Page 17 of 19 EXHIBIT E: Landscape Plan 1011 Fr, o l l I I i Ii iloll ° � � r Q I; oo c®do c AVM 314JYMl OY49 � I! e o � dJ� I rk� t ;{ ♦ fi ■ City of Atascadero Resolution No. 2007-076 Page 18 of 19 EXHIBIT F: Irrigation Plan AVM W j-gvr21t OrvS � � N �I I II �_ Jlv4��N'tt� II .ii i II s,. I .I{ I { (441 I i m " I L 2 I �I ®S City of Atascadero Resolution No. 2007-076 Page 19 of 19 EXHIBIT G:Tree Removal Application OWN TRP 200 LCopASjAPR 1 0 207ITY OF ATASCADERO UtiiTY OTNELOPIV11 T TREE REMOVAL PERMIT SECTION 11.05 8.5 OWNER 1: A"'s� � 7C CONTACT: ADDRESS: ADDRESS: 2 ZV4 4.•�� Ste..R_fes PHONE#: PHONE#: FAX#: FAX#: OWNER 2: ARBORIST:wi/l"'�(:yam �� Q�L 7 ADDRESS: ADDRESS: ?20. PHONE#: PHONE#: FAX k FAX#: t—ABORIST CERTIFICATION#:-W_&__QZ_1L f ,ARBORIST SIGNATURE-- 1: , Site Address: Site APN: Reason for Removal: List all trees to be removed: SPECIES SIZE(dbh) NUMBER TO BE CONDITION OF TREE REMOVED I. 0t. `' 1 2. ba �.� 1 3. Property owner certifies that they have read and understood Atow'dero Municipal Code Section 9-f 1,105. Tree removal is not to facilitate future development. A plot pian shall be included showing all proposed improvements on the property,trees to be removed,and trees to remain. The trees sban correspond with the numbers above. Signature of Property Owner Date Signature of Property Owner Date Signature,City of Atascadero Date Community Development Deparanent 6907 El Camino Real,Atascadero,CA 93422 (805)461-5000 fax: 461-7612 Mit/