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HomeMy WebLinkAbout2007-086 RESOLUTION NO. 2007-086 WaN RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 2006-0089 (TRACT 2854), AN EIGHT LOT SUBDIVISION CONSISTENT WITH A MASTER PLAN OF DEVELOPMENT ON APN 029-322-0229 0239 024 5825 Ridgeway Ct. (Beck) WHEREAS, an application has been received from Jim and Adrienne Beck, 5825 Ridgeway Ct, Atascadero, Ca 93422, and Gary and Mary Tharp, 12250 San Antonio Rd, Atascadero, Ca 93422, (Applicants and Property Owners), to consider a project consisting of a Zone Change from RMF-10 (Residential Multi-family-10) to RMF-10/PD-29 (Residential Multi- Family-10 with a Planned Development Overlay #29) with corresponding Master Plan of Development and Vesting Tentative Tract Map located at 5825 Ridgeway Ct, (APN 029-322- 022, 023, 024); and, WHEREAS, the site's General Plan Designation is MDR (Medium Density Residential); and, WHEREAS, the Planning Commission has recommended that the site's Zoning District be changed from RMF-10 (Residential Multi-Family-10) to RMF-10 /PD-29 (Residential Multi- Family-10/Planned Development Overlay#29); and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2007-0003 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Tentative Tract Map application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Master Plan of Development; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on September 18, 2007 studied and considered Tentative Tract Map 2006- 0089, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and wo City of Atascadero Resolution No. 2007-086 Page 2 of 5 WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing held on October 9, 2007 studied and considered Tentative Tract Map 2006-0089, after first 00 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 of Approval for Vesting Tentative Tract Map, the City Council of the City of Atascadero finds as follows: 1. The proposed subdivision, design and improvements as conditioned, is consistent with the General Plan and applicable zoning requirements, including provisions of the PD Overlay District#29. 2. The proposed subdivision, as conditioned, is consistent with the Master Plan of Development (CUP 2006-0184). 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the density of development proposed. 5. The design and improvement of the proposed subdivision will not cause substantial r.r environmental damage or substantially and unavoidably injure fish and wildlife or their habitat. 6. The design of the subdivision will not conflict with easements acquired by the public at large for access through, or the use of property within, the proposed subdivision; or substantially equivalent alternative easements are provided. 7. Covenants, Conditions and Restrictions (CC&R's) or equivalent shall be required that incorporate the Master Plan of Development conditions of approval to ensure that the site retains the proposed qualities (architecture, colors, materials, plan amenities, fencing, and landscaping) over time. 8. The proposed subdivision design and type of improvements proposed will not be detrimental to the health, safety or welfare of the general public. City of Atascadero Resolution No. 2007-086 Page 3 of 5 SECTION 2. Approval. The City Council of the City of Atascadero, in a regular session assembled on October 9, 2007, resolved approve Tentative Tract Map 2006-0089 subject rrwr to the following: 1. Exhibit A: Tentative Tract Map (Tract 2854) 2. Exhibit B: Conditions of Approval/Mitigation Monitoring Program On motion by Council Member O'Malley and seconded by Council Member Clay, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: Council Members Beraud, Brennler, Clay, O'Malley and Mayor Luna NOES: None ABSENT: None ADOPTED: October 9, 2007 CITY ATASCAD RO B y: Dr. George Luna, Mayor ATTEST: Marcia McClure Torgerson, C.M.C.Pcity Clerk APPROVED AS TO FORM: r Robert Schultz, I to' City Attorney wr City of Atascadero Resolution No. 2007-086 Page 4 of 5 Exhibit A:Tentative Tract Map I�1rr J C is J � a 1 J Go i i At�". O ate" h � 0� IV A " a < 0 ' Um j g9 Q � U �7- ?' V r • Au �. £9�0 4 V Q I • :.a ° Aj } U City of Atascadero Resolution No. 2007-086 Page 5 of 5 Exhibit B Conditions of Approval/Mitigation Monitoring Program Due to the size of Exhibit B, it is not being included as an attachment. It is available for review in its entirety in the office of the City Clerk. O. MW Exhibit B: Conditions of Approval ! Mitigation Monitoring Program Tentative Tract Map 2006-0089 Conditions of Approval 1 Mitigation Monitoring Program Ridgeway Cf 2006-7777 Planned Development Over/ay X29 nsibility Mitigation Timing MS itoring Measure F,�F„9, ngServices BL: Business ng Services License eparirrenl5825 GP: Grading DeparunentPearld ngineerBP: Building lealerPLN FI: Fi ornay Fl: Final Inspection T0: Temporary a�wancy F0: Final Occupancy Planning Services 1. The approval of this use permit shall become final and effective for the purposes FM PS of issuing building permits thirty (30) days following the City Council approval of ZCH 2006-0121 and ZCH 2007-0135 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 BP/FM PS, CE 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. 3. Approval of this Conditional Use Permit shall be valid for twelve (12) months BP/FM PS after its effective date. At the end of the period, the approval shall expire and become null and void unless the project has received a building permit. 4. The applicant shall defend, indemnity, and hold harmless the City of Atascadero Ongoing PS or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the subdivision 5. All subsequent Tentative Map and construction permits shall be consistent with BP/FM PS, CE the Master Plan of Development contained herein. 6. All exterior elevations, finish materials and colors shall be consistent with the BP PS Master Plan of Development as shown in EXHIBIT B through L with the following modifications: • All exterior material finishes (siding, trim, doors, windows, light fixtures, doors) be durable, high quality, and consistent with the garage shall architectural appearance. ■ Windows shall be gridded on all four elevations. • Roofs shall be architectural grade dimensional shingles. 7. All site development shall comply with the standards of the Planned Bp PS, BS Development Overlay District #29. Conditions of Approval I Mitigation Monitoring Program 5825 Ridgeway Ct PLN 2006-1917 Planned Development Overlay #29 8. All site work, grading, and site improvements shall be consistent with the Master Plan of Development as shown in EXHIBIT B J, K, and L. Where discrepancies exist between the landscape plan and the grading plan, the grading plan will take precedence. The following modification shall be required: ■ A rolled concrete curb shall be provided along Palma Avenue and the back of sidewalk shall be located at the extent of the existing right-of-way. 9. All project fencing shall be installed consistent with EXHIBIT B and J subject to the following modifications: ■ Fencing material and treatment shall comply with the PD29 standards. • Fencing for the units shall be placed at the rear property lines. Fencing shall be 4 -foot maximum solid or transparent fencing. ■ 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. Timing Responsibility Mitigation (Monitoring Measure FM Rd W PS: Planning Services BL' BUSness B$: BUldrg Services License FD: ReDepadmenl GP: Grading PD: Porre Depart-nl Perml CE CRS Engineer BP: Buldmg WW: Wastewater Penia CA: CIyXbrre9 FI: Feral Inspeclion TO:Tenporn Ocapancy F0: Fnal Occupancy 10. The proposed project shall incorporate dark earth toned colors and shall utilize stone veneer similar to or compatible with the existing stone walls surrounding the Colony Home. Stone veneer shall be used on the garage levels of lots 5 through 8 and for all retaining walls adjacent to the Palma Ave. frontage. Dark split faced block that is compatible with the stone veneer may be utilized for the rear retaining walls. 11. A 3 -foot wide planter shall be provided between the guest parking spaces along Palma Avenue and the retaining wall. Landscape in this area shall be low-lying to allow for vehicle overhang. 12. 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 J, 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 trees within tree planters along Palma Avenue shall be medium sided shade trees such as honey or purple robe locust. Planting ndiacent to parking spaces and within narrow planters shall consist of BP/FM PS, BS, CE BP PS PS Conditions of Approval I Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure Rt FM Map PS: planning Services BL Business BS: BuiliinpServices 5825 Ridgeway Ct License FD: Fee Department GR. Grading PD: Police Department Permit CE City Engineer PLN 2006-1117 PeBuilding INKWastewater Attorney FI: Final Inspection Planned Development Overlay X29 T0: Temporary Occupancy F0: Final Occupancy ornamental grasses and compatible upright screen shrubs and vines. Landscaping at the terraced walls shall consist of trailing plants and screen shrubs. ■ Street trees shall be minimum 15-gallon size and double staked. ■ Front yard areas not specifically conditioned shall be landscaped with drought tolerant species, subject to staff approval. 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 EXHIBIT B, J, and L. 14. Affordable Housing Requirement: The applicant shall comply with the City FM/BP PS, CA Council inclusionary housing policy and either deed restrict 20% of the proposed units or pay an in-lieu fee based on 5% of the construction valuation of each new and existing housing unit. 15. Workforce Housing: Prior to recordation of final map, the applicant shall enter BP PS, CA 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 ■ The City Attorney shall approve the final form of the agreement. 16. 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 17. 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 Conditions of Approval / Timing Responsibility Mitigation /Monitoring Measure Mitigation Monitoring Program FK Fral Nap PS: Planning Services BL Business BS: Building Services 5825 Ridgeway Ct License GP: Grading GP: Gr FD: Fire Department PD: Police Department Permd CE City Engineer PLN 2006-1177 BP. Building Perms WW: Waslexater CA City Anomey Fl: Feral Inspection Planned Development Overlay X29 Occupancy Occupancy F0: Final Occupancy 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. 18. 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. h) All streets, bridges, sidewalks, streetlights, street signs, roads, emergency access roads, emergency access gates, and sewer mains within the project. i) All parks, trails, recreational facilities and like facilities. j) All open space and native tree preservation areas. k) All drainage facilities and detention basins. 1) All creeks, flood plains, floodways, wetlands, and riparian habitat areas. m) All common landscaping areas, street trees, medians, parkway planters, manufactured slopes outside private yards, and other similar facilities. n) All frontage landscaping and sidewalks along arterial streets 19. Prior to final map, the applicant shall submit CC&Rs for review and approval by BP PS, BS the Community Development Department. The CC&R's shall record with the Final Map and shall include the following: Provisions for maintenance of all common areas including access, Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure 5825 Ridgeway Ct FM Fral64p BL' Busnm License P5: Planning services BS: BUldjng Services FD: Fire Deparlmenl GP: Grading Perriit PD: Poke Departmenl CE Cily Engineer PLN 2006-71'17 BR Building WW: Waslexater Perrrvl FI: Final CA: CilyAttomey Planned Development Overlay #29 Inspection T0: Temporary 0-upancy F0: Final occupancy parking, street trees, fencing and landscaping in perpetuity. h) A detailed list of each individual homeowner's responsibilities for maintenance of the individual units. i) Residents shall keep all trash receptacles within the unit's designated trash storage area. j) Garages shall be maintained and used for vehicle parking. k) No boats, RV's or other type of recreation vehicle may occupy a guest or resident parking space, including within an individual garage. 1) 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 minimal. In this case, the applicant will be required to record a combination of deed restrictions alerting future owners to project conditions and maintenance agreements for the shared maintenance of the drainage and shared parking facilities. 20. Approval of this permit shall include the removal of 8 Native Trees. The applicant BP PS, BS shall 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 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. 21. 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 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. Conditions of Approval I Timing Responsibility Mitigation (Monitoring Measure Mitigation Monitoring Program FAX W Map BL' Bushess PS: Planrimg Services BS: Building Services 5825 Ridgeway Ct (.ice Gr Gra GP: ding PD: Fre Department PD: Poke Department Pemt CE Dy Engheer BP: Buldug WW: Waslaysler PLN 2006-1117 Perm t Ck Dy AWmey FI: Final Inspection Planned Development Over/ay #29 TO: e pr y F0: Final Occupancy City Engineer Project Conditions 22. Project shall include construction of curb, gutter and sidewalk along entire GP, BP CE frontage of Palma Avenue, Rosario Avenue and Ridgeway Court, as modified on the Tentative Parcel Map. 23. In accordance with municipal code section 9-4.160, the applicant shall overlay GP, BP CE Rosario Avenue across the frontage of the property to a width of 1/2 the street plus 10'. 24. In accordance with municipal code section 9-4.160, the applicant shall overlay GP, BP CE Palma Avenue across the frontage of the property to a width of 1/2 the street plus 10'. City Engineer Standard Conditions 25. 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. 26. 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. 27. The Subdivision Improvement Agreement shall record concurrently with the Final FM CE Map. 28. A six (6) foot Public Utility Easement (PUE) shall be provided contiguous to the GP, BP CE property frontage. 29. The applicant shall acquire title interest in any off-site land that may be required GP, BP CE 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. 30. Slope easements shall be obtained by the applicant as needed to accommodate GP, BP CE cut or fill slopes. 31. Drainage easements shall be obtained by the applicant as needed to GP, BP CE accommodate both public and private drainage facilities. 32. A preliminary subdivision guarantee shall be submitted for review in conjunction FM CE with the processing of the tract map. 33. The final map shall be signed by the City Engineer prior to the map being placed FM CE Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure FM Fd My PS' Planning Services BL Business BS: Building Services 5825 Ridgeway Ct License FD: Fire Depa"nl GP: Grading PD: Police Departmenl Pemrl CE City Engineer PLN 200&'1117 BP Building Permil WW: Wasleaater CA city Atlomey FI: Final Inspeclion Planned Development Overlay #29 TO:Terporay Occupancy F0: Final Occupancy on the agenda for City Council acceptance. 34. Prior to recording the tract map, the applicant shall pay all outstanding plan FM CE check/inspection fees. 35. Prior to recording the map, the applicant shall bond for or complete all FM CE improvements required by these conditions of approval. 36. Prior to recording the tract map, the applicant shall bond for or set monuments at FM CE all new property comers. 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. 37. Prior to recording the tract 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. 38. All existing and proposed utility, pipeline, open space, or other easements are to FM CE 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. 39. 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. 40. 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. 41. Submit calculations to support the design of any structures or pipes. Closed GP, BP CE 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. 42. 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. 43. Drainage basins shall be designed to desilt, detain and meter storm flows as well GP, BP CE Timing I Responsibility I Mitigation Conditions of Approval / GP, BP CE (Monitoring Measure Mitigation Monitoring Program FM FIA MV PS: Plann'ngServices streets shall be improved consistent with the Tentative Tract Map. BL•Business BS: Building Services GP, BP CE License FD: Fire Deparsnenl 5825 Ridgeway Cf GP:Grading PD: Police Depaornent Permit CE City Engineer elevation of the next upstream manhole cover of the public or private sewer shall be from backflow of sewage by BP: Building WW:Waslewaler Permit CACyPlomey PLN 2006-7777 Fl: Final Inspeclion TO: Ter porary Development Overlay # Occupancy y Planned F0:: Final29 O=pancy as release them to natural runoff locations. 44. Show the method of dispersal at all pipe outlets. Include specifications for size & GP, BP CE type. 45. Show method of conduct to approved off-site drainage facilities. GP, BP CE 46. Concentrated drainage from off-site areas shall be conveyed across the project GP, BP CE 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. 47. Applicant shall submit erosion control plans and a Storm Water Pollution GP, BP CE Prevention Plan (SWPPP), as applicable. The Regional Water Quality Control Board shall approve the SWPPP. improvements shall be constructed in conformance with the City of GP, BP CE eEngineering Department Standard Specifications and Drawings or r::"cro ted by the City Engineer.Off-site streets shall be improved consistent with the Tentative Tract Map. GP, BP CE 50. Alignment of frontage improvements shall be approved by the City Engineer. GP, BP CE 51. All utilities shall be undergrounded on project frontage GP, BP CE 52. Applicant shall pay sewer extension (Annexation), Connection and BP CE Reimbursement fees (if applicable) upon issuance of building permit. 53. 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 shall be from backflow of sewage by serving such drainage piping protected installing an approved type backwater valve. Fixtures above such elevation shall not discharge through the backwater valve. Mitigation Measures Mitigation Measure 1.b.1: All houses constructed along the Palma Ave frontage on BP PS 1.b.1 slopes of 20% or greater shall be painted darker earth toned historic colors to blend with the natural surrounding and existing Colony Home. Mitigation Measure 1.d.1: All lighting shall be designed to eliminate any off site BP PS 1.d.1 glare. All exterior site lights shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite liqht spillage and glare, Any luminaire pole height shall not exceed Conditions of Approval / Mitigation Monitoring Program 5825 Ridgeway Ct PLN 2006-1117 Planned Development Overlay#29 Timing FM RW Map BL: Business License GP: Grading Perm/ BP. Building Permt R: Fnal Inspection Ta Temporary occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Bulditg Servces FD: Fre Depertrrent PD: Police Department CE City Engneer WW: Wastewater CA Ciy Attorney Mitigation Measure 14 -feet in height, limit intensity to 2.0 foot candles at ingress /egress, and otherwise 0.6 foot candle minimum to 1.0 maximum in parking areas. Fixtures shall be shield cut-off type. Mitigation Measure 3.b.1: The project shall be conditioned to comply with all BP BS, PS 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; (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 Timing Responsibility Mitigation Conditions of Approval i /Monitoring Measure Mitigation Monitoring Program FKRdMV pS:PlanningSeMces BL' Business BS: Building Services License FD: Fire Department 5825 Ridgeway Ct GP: Grading PD:PofceDepartment Permlt CECdyEngineer BP: Building WW: Wastewater Pemd cacayAnomey PLN2OO6-1117 FI: Feral Inspection TO: TeW ary Planned Development Overlay x`29 oxwancy F0: Final Occupancy removed from the pile; (E) Equipment must be washed down before moving from the property onto a paved public road; (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 hoursBP Mitigation Measure 3.b.2: Naturally Occurring Asbestos (NOA) has been identified PS 3.b.2 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 (ATOM) for Construction, Grading, Quarrying, and Surface Mining Operations, prior to any grading activities at the site, the project proponent shall ensure that a geologic evaluation is conducted to determine if naturally occurring asbestos is present within the area that will be disturbed. If naturally occurring asbestos 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.e.1: The Grading Plan shall identify tree protection fencing 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 / Mitigation Monitoring Program 5825 Ridgeway Ct PLN 2006-1117 Planned Development Overlay#29 Timing FIA Final Map BL:Business Ixer�e GP: Grath@ Pemvl BP: Budding Pemil FI: Final Inspection TO: Temporary Occuparq FO: Final Occupancy Responsibility /Monitoring PS: Planniq Services &S: Building Services FD: FiveDepadrnent PD: Police Depadment CE City Engineer WW: Wastevraler CA CityAtlomey Mitigation Measure Mitigation Measure 4.e.2: The developer shall contract with a certified arborist GP PS 4.e.2 during 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/a 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. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure FM Foal Wp PS: Planning Services BL Business BS: Building Services 5525 Ridgeway Ct L'icerue FD: FireDepertment GP: Grading PD: Police Department Pemel CE City Engineer PLN 2006-'17 97 Perr il ging WW: OM Pl Wastewater FI: Final Inspection Planned Development Overlay #29 TO: Temporary OccWarq F0: Final Occupancy Mitigation Measure 4.e.3: Grading and excavation and grading work shall be GP, BP PS 4.e.3 consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: 7. All existing trees outside of the limits of work shall remain. 8. Earthwork shall not exceed the limits of the project area. 9. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 10. Vehicles and stockpiled material shall be stored outside the dripline of all trees. 11. 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. 12. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. Mitigation Measure 4.e.4: Erosion control hydroseed/slope stabilization shall BP CE, PS 4.e.4 consist of native species matching the existing plant species within the tributary stream. The seed and plant material shall not contain any introduced plant species. Mitigation Measure 5.a.1: A "HS" (Historic Site) zoning designation shall be ZCH PS 5.a.1 placed over Lot 1. Mitigation Measure 5.a.2: The existing retaining wall shall be disassembled and BP PS 5.a.2 reconstructed as an entry feature on the corner of Rosario and Palma Avenues. Any remaining rock shall be used as accent features of the remaining lots and shall be focused on enhancing and preserving the additional stone walls on Lot 1, the Colony Home lot. All other retaining walls shall be constructed of high quality material and shall compliment the architectural style of the project.. Mitiqation Measure 5.a.3: CC&R's recorded for the development shall include a FMP PS 5.a.3 statement addressing the historic nature of Lot 1. Mitigation Measure 5.a.4: Any exterior building modifications or site plan changes Ongoing PS 5.a.4 not represented in the proposed project that could occur during the Building Permit application process or during construction shall be consistent with the Secretary of the interior's Standards for Rehabilitation & Illustrated Guidelines for Rehabilitating Historic Buildings and shall meet the provisions of CEQA -Section 15064.5, as approved by Planning Staff. Mitigation Measure 5.a.5: The existing carriage house/drive through out -building BP PS 5.a.5 shall be restored and maintained in a structurally and aesthetically sound condition. All modifications or repairs necessary for such shall be consistent with the Secretary of the Interior's Standards for Rehabilitation & Illustrated Guidelines for Rehabilitating Historic Buildings and shall meet the provisions of CEQA -Section 15064.5, as approved by Planning Staff. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure 5825 Ridgeway Ct FM Fra/ Wp BL Business PS: Plannig Services BS: Building services License GP. GradingPD: FD: Re Departrrenl Police Department PLN 2006-1If7 Pend BP: Building CE: City Engineer WW: Wastewater Pernii FI: Final CA City Money Development Over/ay #29 spDrPlanned Ta r ora,y ocapam F0: Final Occupancy Mitigation Measure 5.a.6: All recommendations of the Historic Analysis shall be BP PS 5.a.6 implemented and adhered to throughout construction and the life of the historic Colony Home. Mitigation Measure 6.b: The grading permit application plans shall include erosion GP, BP CE 6.b 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. (See section 8 of the document). Mitigation Measure 6.c d: A soils report shall be required to be submitted with a GP, BP CE 6.c.d. 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 8e f 1: A Stormwater Pollution Prevention Plan GP, BP CE S.e.f.1 (SWPPP)/Erosion 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, GP CE S.e.f.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 GP, BP PS 11.d Atascadero Noise Ordinance for hours of operation. Mitigation Measure 15 a b 1 Full frontage improvements shall be required along PI cE 15.a.b.1 Palma Avenue, Rosario Avenue, and Ridgeway Court, per the standards and approval of the City Engineer.