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HomeMy WebLinkAboutResolution 2003-039 RESOLUTION 2003-039 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA APPROVING VESTING TENTATIVE TRACT MAP 2002-00269 A SEVENTY-LOT MAP CONSISTENT WITH A PD-19 OVERLAY ZONE OF APN 049-191-0029 0269 0279 0289 030 (60259 6049 Del Rio, 6100 Conejo / Midland Pacific) WHEREAS, an application has been received from Midland Pacific (6955 El Camino Real, Atascadero, CA 93423) Applicant and Martha VerHeyen, (P.O. Box 471, Atascadero, CA 93423) Property Owner to consider a project consisting of a zone change from RSF-Y (Residential Single-Family) to RSF-Y/PD-19 (Residential Single-Family with Planned Development Overlay #19) with the adoption of a Master Plan of Development, and a 70 lot residential Vesting Tentative Tract Map on a 28-acre site located at 6025, 6049 Del Rio, 6100 Conejo (APN 049-191-002, 026, 027, 028, 030); and, WHEREAS, the site's General Plan Designation is SFR-Y (Single-Family Residential); and, WHEREAS, the site's current zoning district is RSF-Y (Residential Single-Family; and, WHEREAS, the Planning Commission has recommended that a site be rezoned to include a PD-19 overlay with a Master Plan of Development thereby allowing a 70-lot subdivision of the site; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Tentative Tract Map application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said application; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on July 15, 2003, studied and considered Tentative Tract Map 2002-0026, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project; and, WHEREAS, the Atascadero City Council, at a Public Hearing held on August 12, 2003, studied and considered Tentative Tract Map 2002-0026, after first studying and considering the Draft Mitigated Negative Declaration prepared for the project; and, - NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Atascadero SECTION 1. Findings of Approval for Tentative Tract Map, the Atascadero City Council finds as follows: 1. The proposed subdivision, as conditioned, is consistent with the General Plan and applicable zoning requirements. 2. The design and improvement of the proposed subdivision is consistent with the General Plan and applicable zoning requirements. 3. The proposed subdivision, as conditioned, is consistent with the proposed Planned Development Overlay District#19 Master Plan of Development (CUP 2002-0082). 4. The site is physically suitable for the type of development proposed. 5. The site is physically suitable for the density of development proposed. 6. The design and improvement of the proposed subdivision will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat. 7. The design of the subdivision will not conflict with easements acquired by the public at large for access through, or the use of property within, the proposed subdivision; or substantially equivalent alternative easements are provided. 8. Covenants, Conditions and Restrictions (CC&R's) shall be required that incorporate the planned development conditions of approval to ensure that the site retains the proposed qualities (colony-influenced architecture, colors,materials, street amenities, fencing, and landscaping) over time. 9. The design of the subdivision will create a 5.50-acre park and 2.38-acre open space amenity. 10. The proposed subdivision design and type of improvements proposed will not be detrimental to the health, safety or welfare of the general public. SECTION 2. Approval. The Atascadero City Council in a regular session assembled on August 12, 2003, resolves to approve Vesting Tentative Tract Map (TTM 2002-0026) subject to the following: 1. Exhibit A: Vesting Tentative Tract Map 2002-0026 2. Exhibit B: Conditions of Approval/Mitigation Monitoring Program. On motion by Council Member O'Malley, and seconded by Council Member Luna the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: Council Members Luna, O'Malley, Pacas, Scalise, and Mayor Clay NOES: None ABSTAIN: None ABSENT: None ADOPTED: August 12, 2003 CITY OF ATASC E B Je lay, Sr., Ma ATTEST: Marcia McClure Torgerson, City Cl k APPROVED AS TO FORM: Z - a- U — Roy 0 hanley, City Atto y Q TRR r N, �` "- +"��'--`moi -•-,-s,��1/;,�\, ��` QM IA ifgIN� 't t ,,\\l��a ��� t��.�'�'��""'��,►--`I,�`'�����t`i+/�,' ��•,�t.>;�'�',y'�rr�rw'•r- y' t/_ 1 < r g��1�----- �`' '� �•►mss -. ~:� nil � {,-i �'� rt, �� ' ='. ,►�',s+ '� �r}rot I r ', ,*r' , :. Iv ►�J�J t`eiii�iiiiirii M Exhibit B:Conditions Of Approval/Mitigation Monitoring Program Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP:Grading Permit PS:Planning Services BP:Building Permit BS:Building Services The Colony at Apple Valley SIP:Subdivision FD:Fre Depatmert Improvement Plans PD:Police Depatmert Vesting Tentative Tract Map FM:Final Map CE:City Engineer TTM 2002-0026 TO:Temporary occupancy WWastmater FI:Final inspection CA:CRy A tornel F0:Final Occupancy MANIC:Water Comp. Planning Services 1. The approval of this Tentative Parcel Map shall not become FM PS final and effective until following approval of Zone Change 2002-0035 and CUP 2002-0026. 2. Approval of this Tentative Parcel Map shall be valid for two FM PS years after its effective date. At the end of the period, the approval shall expire and become null and void unless an extension of time is granted pursuant to a written request received prior to the expiration date. 3. The Community Development Department shall have the FM PS authority to approve minor changes to the project that (1) result in a superior site design or appearance, and/or (2) address a design issue that is not substantive to the Tentative Tract Map and that the Final Map is in substantial conformance with the Tentative Map. 4. The Tract Map shall be subject to additional fees for park or FM PS recreation purposes (QUIMBY Act) as required by City Ordinance. 5. The applicant shall record CC&R's for the subdivision FM PS subject to the review and approval of the City Engineer, City Attorney and Planning Services. The CC&R's shall identify the maintenance responsibilities of all private driveways, sewer facilities, drainage facilities, common parking areas, site lighting, landscape areas, fencing, and other common facilities. The CC&R's shall also state that all exterior colors, exterior materials,yard fencing and site landscaping shall be consistent with the overall master plan of development. 6. The granting of this entitlement shall apply to the property Ongoing PS located at 6025, 6049 Del Rio Road, 6100 Conejo Road (APN 049-191-002, 026,027, 028, and 030) regardless of owner. 7. The Final Map shall be drawn in substantial conformance FM PS with the approved tentative map, and in compliance with all conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 8. The subdivider shall defend, indemnify, and hold harmless FM PS the City of Atascadero or its agents, officers, and employees Conditions of Approval/ Timing Responaibllity Mitigation Mitigation Monitoring Program /Monitoring Measure GP:Grading Pant PS:Platy"Services SeNces The Colony at Apple Valley s P Sub6uisicn D:FinR Bulft Pont BS: e D patment Improvement Plans PD:Police Department Vesting Tentative Tract Map FIA Final Map GE:CiyEnonea TO:Temporary Occupancy WW:Wastewater TTM 2002-0026 R Final inspection ca:Cily Attorney F0:Final Occupancy AMWC:Water Comp. against any claim or action brought to challenge an approval by the city,or any of its entities, concerning the subdivision. 9. Fourteen units(lots 56 though 70)shall be reserved as deed FM PS restricted affordable unit affordable unit in the moderate category for a 30-year period. Prior to recordation of final map, the applicant shall enter into a legal agreement with the City to reserve '/ 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. The City Attorney shall approve the final form of the agreement. 10.Apply the following tree mitigation, noting that planting of GP PS,CE native trees may be credited against the following fee calculation, subject to staff approval: (Mitigation Fee Table Evergreen Native Trees(inches) Deciduous Native Trees(inches) Totals dbh dbh notes 1 18-inches 1 8-inches 2 9-inches 2 6-inches 3 20-inches 3 6-inches 4 80-inches 4 11-inches 5 5-inches 5 2-inches 6 7-inches 6 6-inches 7 12-inches 7 10-inches 8 36-inches 8 37-inches 9 5-inches 9 30-inches 10 4-inches 10 5-inches 11 8-inches 11 2-inches 12 12-inches 12 7-inches 13 18-inches 13 3-inches 14 7-inches 14 8-inches 15 8-inches 15 10-inches 16 15-inches 16 16-inches 17 12-inches 17 3-inches 18 5-inches 18 4-inches 19 8-inches 19 4-inches 20 6-inches 20 3-inches 21 14-inches 22 4-inches 23 12-inches 24 16-inches 25 14-inches 26 20-inches 27 4-inches 28 12-inche6 29 10-inches 30 21-inches 31 10-inches 32 26-inches 33 7-inches 34 27-inches 35 5-inches 36 13-inches 37 51-inches 38 5-inches 39 7-inches 40 4-inches 41 6-inches 42 5-inches 43 6-inches 44 6-inches 45 7-inches Total 607-inches Total 181-inches 788-inches Mitigation Requirement Tree Fund Payment: $ 5,058.33 Tree Fund Payment: $ 3,008.33 1 $ 8,066.67 Building Services 11. A soils investigation prepared by a licensed FM CE Geotechnical Engineer is to be provided for the project. The report is to be provided at the time of building permit submittal along with the building plans for review by the Building Division. Recommendations contained in the report are to be incorporated into the project plans. Fire Marshal 12. A minimum 12'paved with 16'total clear width access FM CE with a minimum head clearance of 13'-6" is to be provided to each building location. Sixteen-foot clear width may be provided with use of turf block along the south side for emergency vehicle access. 13. Show location of existing and any proposed fire FM CE hydrants. 14. Provide a letter from the Atascadero Mutual Water FM CE Company stating the minimum expected water available to the site. Amount available must meet minimum requirement specified in the California Fire Code. 15. Note that approved address signage is to be FM CE provided. 16. Note on plans that certain fire lanes shall be FM CE delineated to restrict parking as required by the Fire Authority. City Engineer Standard Conditions 17. All public improvements shall be constructed in GP,BP CE conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings and/or as directed by the City Engineer. 18. In the event that the applicant is allowed to bond for GP,BP CE the public improvements required as a condition of the final map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 19. An engineer's estimate of probable cost shall be GP,BP CE submitted for review and approval by the City Engineer to determine the amount of the bond. 20. The Subdivision Improvement Agreement shall record GP,BP CE concurrently with the Final Map. 21. An encroachment permit shall be obtained prior to the GP,BP CE issuance of building permit. 22. The applicant shall enter into a Plan Check/inspection GP,BP CE agreement with the City. 23. A six (6) foot Public Utility Easement (PUE) shall be GP,BP CE provided where needed. 24. The applicant shall be responsible for the relocation GP,BP CE and/or alteration of existing utilities. 25. The applicant shall install all new utilities (water, gas, GP,BP CE electric, cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 26. The applicant shall monument all property corners for GP,BP CE construction control and shall promptly replace them if disturbed. 27. The applicant shall acquire title interest in any off-site GP,BP CE land that may be required to allow for the construction of the improvements. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress and egress is affected by these improvements. 28. Slope easements shall be provided as needed to GP,BP CE accommodate cut of fill slopes. 29. Drainage easements shall be provided as needed to GP,BP CE accommodate both public and private drainage facilities. 30. A preliminary subdivision guarantee shall be GP,BP CE submitted for review in conjunction with the processing of the map. 31. All existing and proposed utility, pipeline, open space, GP,BP CE or other easements are to be shown on the parcel map. If there are building or other restrictions related to the easements, they shall be noted on the parcel map. The applicant shall show all access restrictions on the parcel map. 32. The final map shall be signed by the City Engineer GP,BP CE prior to the map being placed on the agenda for City Council acceptance. 33. Prior to recording the final map, the applicant shall GP,BP CE submit a map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance shall submit the map for review and approval. 34. Prior to recording the final map,the applicant shall set GP,BP 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. 35. Prior to recording the parcel map, the applicant shall GP,BP CE pay all outstanding plan check/inspection fees. 36. Prior to recording the map, the applicant shall GP,BP CE complete all improvements required by these conditions of approval. 37. Prior to recording the parcel map, the applicant shall GP,BP CE have the map reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company indicating their review of the map. The letter shall identify any new easements that may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the parcel map. 38. Upon recording the final map, the applicant shall GP,BP CE provide the City with a black line clear Mylar(0.4 mil) copy and a blue line print of the recorded map and a digital copy of the map. 39. Prior to the final inspection of any public GP,BP CE improvements, the applicant shall submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans. 40. Prior to the final inspection, the applicant shall submit GP,BP CE a written certification from a registered civil engineer or land surveyor that all survey monuments have been set as shown on the final map. City Engineer Site Specific Conditions Drainage: 41. This project drains the post development flow into two detention basins in the"City Park". The basins will be designed to detain the 50-year post development storm and release a 2-year predevelopment. The down stream facilities, Graves Creek, must be able to handle the 2-year out flow. 42. All requirements of Section 5"Storm Drainage" of the GP,BP CE Engineering Department standard specifications and drawings will be met. 43. Obtain approval by the City Engineer of the grading & GP,BP CE drainage plan and the storm drain design&facilities. 44. Submit calculations to support the design of any GP,BP CE 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. 45. Show the method of dispersal at all pipe outlets. GP,BP CE Include specifications for size&type. 46. Show method of conduct to approved off-site GP,BP CE drainage facilities. 47. Concentrated drainage from off-site and onto offsite GP,BP CE areas shall be conveyed across the project site in drainage easements. Acquire drainage easements where needed. Drainage shall cross lot lines only where a drainage easement has been provided. Frontage Improvements: 48. Conejo Road. The paved surface from Ramona GP,BP CE Road to the cul-de-sac shall be 20 ft minimum per Engineering Standard 401, Type "A". The cul-de-sac at the end of the road shall be reconstructed to meet Engineering Standard 415. The radius will be 40 feet minimum. All brush in the traveled way will be cleared along the road. Drainage from the project, along this road, must be controlled and not impact other properties. 49. Del Rio Road. This project will construct the following GP,BP CE along the entire project frontage: Construct to Minor Arterial Standards per the City Engineers direction. The two-way center turn lane will provide access to San Ramon Road on both sides of Del Rio Road. Curb, gutter and sidewalk along the property frontage. Drainage from the project, along this road, must be controlled and not impact other properties. 50. All public improvements shall be design by a GP,BP CE registered Civil Engineer and constructed in conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. Improvement Maintenance: 51. Street Improvements and landscaping. GP,BP CE The emergency services, road maintenance, park maintenance and landscape maintenance costs of the project shall be 100% funded (park maintenance 50%funded) by the project in perpetuity. The service and maintenance cost may be funded through a benefit assessment district or other mechanism established by the developer subject to City approval. The funding mechanism must be in place prior to or concurrently with acceptance of the any 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. a. All streets, sidewalks, streetlights, street signs, roads, emergency access roads, emergency access gates within the project. b. All Atascadero Police Department service costs to the project. c. All Atascadero Fire Department service costs to the project. d. All common landscape areas, medians, parkways, street trees, walkways, open space areas and drainage basins and similar features. e. The project shall be responsible for 50% of the maintenance cost of the park 52. City Park GP,BP,FM CE The proposed passive park includes lawn area, walking path, picnic tables and other park features open for public use. Funding for the maintenance of the park, shall be as follows: a. 50% of the funds required to maintain the park, $25,000.00, would be provided to the City by the developer, annually for 5 years ($125,000.00) to maintain the facility. The $25,000.00 would be put into 5 interest- bearing accounts that would mature annually. b. The remaining 50% would be provided by the residences in the subdivisions through a benefit maintenance district or other funding mechanism. After 5 years the benefit maintenance district would pay half of the maintenance cost and the City would be required to pay the remaining amount. Wastewater 53. The wastewater collection system/pumping station GP,BP CE shall be designed to accommodate the wastewater collection needs of the entire basin as detailed in the Pump Station Service Area Map for this project. 54. SSCO 5 shall be eliminated and SS main shall be GP,BP CE extended in a southeasterly direction terminating in a SSMH in Conejo Road with stubs east and west to accommodate future SS main extensions along Conejo Road. 55. Invert elevation of SSMH in Conejo shall be low GP,BP CE enough to provide 0.5%slope in mains terminating at this MH. 56. SSMH in Del Rio Road shall be equipped with stubs GP,BP CE to the north and east to accommodate future SS extensions along San Ramon and Del Rio Roads. 57. SS mains shall be laid out in a straight line between GP,BP CE manholes. Curved sewer lines will be allowed only under special circumstances. 58. Applicant shall pay sewer Extension (Annexation), GP,BP CE Connection and Reimbursement fees (if applicable) upon issuance of building permit. 59. Final project inspection shall be contingent upon GP,BP CE completion of the public sewer extension and Public Works final inspection. 60. Applicant shall have six (6) months from public lift GP,BP CE station/forcemain final inspection to submit accurate record (as-built) drawings and a lift station reimbursement map/agreement that has been approved by the Director of Public Works. After the six-month deadline, all right to receive reimbursement from others contributing flow to the lift station/forcemain shall be waived. 61. Gravity mains within the subdivision shall be eight(8) GP,BP CE inches in diameter. 62. Gravity mains shall terminate in manholes. GP,BP CE 63. Whenever possible, sewer mains shall be laid out in a GP,BP CE straight line between structures. 64. Drainage piping serving fixtures which have flood GP,BP CE . level rims located below the elevation of the next upstream manhole cover of the public or private sewer serving such drainage piping shall be protected from backflow of sewage by installing an approved type backwater valve Fixtures above such elevation shall not discharge through the backwater valve. 65. Final project inspection shall be contingent upon GP,BP CE completion of the public sewer extension and Public Works final inspection. 66. Applicant shall have six(6)months from public sewer GP,BP CE extension to propose a reimbursement agreement. 67. A City of Atascadero Sewer Extension Performance GP,BP CE Agreement shall be executed. Atascadero Mutual Water Company 68. Prior to the recordation of the Final Parcel Map, the GP,BP CE applicant shall submit plans showing the water distribution facilities required to serve the project for review and approval by the Atascadero Mutual Water Company. All new water distribution facilities shall be constructed in conformance with Atascadero Mutual Water Company Standards. 69. Prior to the recordation of the Final Map,the applicant GP,BP CE shall obtain a "Will Serve" letter from the Atascadero Mutual Water Company. 70. Prior to issuance of building permits, the applicant GP,BP CE shall pay all installation and connection fees required by the Atascadero Mutual Water Company. 71. Show all fire suppression appurtenances required by GP,BP CE the Atascadero Fire Department. 72. Landscaping for common areas shall be drought- GP,BP CE tolerant. The landscaping for common areas shall conform to the mitigation measures noted in Table II- 7, Hydrology and Water Quality, of the General Plan 2025. Use of turf grass in common area landscaping and in other areas shall be kept to a minimum. Mitigation Measures Mitigation Measure 1.c.1: The following landscape mitigations BP PS,BS,CE 1.c.1 shall apply: ■ Development along Del Rio Road shall be buffered with an informal landscape theme, meandering pathway, and compatible project fencing. ■ Development along Conejo Road shall include landscaped single-family home front yards, street trees, and a secondary project entrance that will include a landscaped parkway and center median, preserving a small stand of native oak trees. ■ The project shall include landscaping of all common areas, including slopes, streetscapes, residential front yards, and street trees. ■ Slopes along the eastern property line shall be landscaped and areas per the site exhibits along the western property line shall be retained in open space. All on-site retention basins shall be landscaped with plant materials compatible with the Graves Creek native plant setting while allowing the basins to function as engineered for storm water management. Mitigation Measure 1.c.2: The proposed homes shall include BP PS,BS,CE 1.c.2 the use of earth-tone paint and roof colors designed to blend with the surrounding semi-rural environment and reduce the potential for reflected light and glare. Mitigation Measure 1.d.1: Only pedestrian pathway(bollard BP PS,BS,CE 1.d.1 style)lighting is proposed. However, if exterior street lighting is proposed, it shall be limited to intersections only and designed to eliminate any off site glare. All exterior site lights shall utilize full cut-off,"hooded" lighting fixtures to prevent offsite light spillage and glare. Any luminaire pole height shall not exceed 20-feet in height, limit intensity to 2.0 foot candles at ingress/egress, and otherwise 0.6 foot candle minimum to 1.0 maximum within the private street. Fixtures shall be shield cut-off type and compatible with neighborhood setting, subject to staff approval. In addition, individual exterior home-owner lighting shall be restricted through CC&R's and individual lot deed-restriction to prohibit high-intensity lighting in excess of one-foot candle, limited in fixture height to not exceed 10 feet, and utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. Mitigation Measure 3.b: The project shall be conditioned to BP,GP PS,BS,CE 3.b comply with all 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: A. Reduce the amount of the disturbed area where possible. B. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed(non- potable)water should be used whenever possible. C. All dirt stockpile areas should be sprayed daily as needed. D. Permanent dust control measures identified in the approved project re-vegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities. E. Exposed ground,areas that are plann4ed to be reworked at dates greater than one month after initial grading should be sown with a fast-germinating native grass seed and watered until vegetation is established. F. All disturbed soil areas not subject to re-vegetation should be stabilized using approved chemical soil binder,jute netting, or other methods approved in advance by the APCD. G. All roadways, driveways, sidewalks, etc,to be paved should be complete as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. H. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. I. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard(minimum vertical distance between top of load and top of trailer)in accordance with CVC Section 23114. J. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or was off trucks and equipment leaving the site. K. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. L. The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary,to prevent transport of dust off site. The name and telephone number of such persons shall be provided to the APCD prior to land use clearance for map recordation and land use clearance for finish grading of any structure. Mitigation Measure 4.a: The project shall be conditioned to BP,GP PS,BS,CE 4.a comply with all applicable regulations developed by Morro Group, Inc. on their biological assessment, May 23, 2002, and as modified by the June 6,2003. Mitigation Measure 4.b.1: The project shall be conditioned to BP,GP,CA PS,BS,CE 4.b.1 comply with all applicable regulations developed by Morro Group, Inc. on their biological assessment, May 23, 2002 and concurrence letter dated June 6, 2003, pertaining to the following proper erosion control methods during site construction. Implementation of the following mitigation measures prior to and during site construction would further serve to avoid and/or minimize adverse indirect impacts to Waters of the U.S. and wetlands within the Graves Creek corridor: A. A permanent riparian setback shall be designated near the Graves Creek corridor to preserve sensitive riparian habitats and associated sensitive aquatic and semi-aquatic biota. The setback shall extend from the outer edge of the riparian corridor, and eastward 100 feet as identified in the Morro Group 6/6/03 attachment and be conditioned on the tract/development approval for dedication. All ground disturbance and development activities to areas located outside of specified setback should be limited and set aside as permanent open space. Allowable activities will be specified by the City Of Atascadero in advance of project implementation. B. Siltation/sedimentation control measures of siltation fencing and erosion control devises shall be placed around the perimeter of each construction zone with the potential to drain into Graves Creek, prior to start of the rainy season or impending rain events. Additional erosion control measures shall be at the discretion of the biological monitor and shall be noted on the approved construction/grading plans. C. The project applicant shall retain a qualified biologist to conduct a pre-construction survey for MDFW, burrowing owl, and raptor nests and to report the survey results to the City. A excavations should not leave the tree on a rapidly draining mound. ■ Exposed Roots: Any exposed roots shall be recovered the same day they were exposed. ■ Paving within the Drip-line: Pervious surfacing shall be required within the drip-line of any oak tree that required paving. ■ Equipment Operations: Vehicles and all heavy equipment shall not be driven or parked under native trees. ■ Existing Surfaces: The existing ground surface within the drip-line of all oak trees shall not be cut,filled, compacted or pared. ■ Construction materials and waste: No liquid or solid construction waste shall be dumped on the ground within the drip-line of any oak tree. ■ Arborist Monitoring: An arborist shall be present for selected activities(trees identified on the Arborist Report spreadsheet)and pre-construction fence placement. The monitoring does not necessarily have to be continuous but observational at times during the above activities. ■ Pre-Construction Meeting: An on-site pre- construction meeting with the Arborist, owner, planning staff, and the earth moving team shall be required for this project. Prior to final occupancy, a letter from the arborist shall be required verifying the health/condition of all impacted trees and providing any recommendations for any additional mitigation. The letter shall verify that the arborist was on site for all grading and/or trenching activity that encroached into the drip-line of the selected native trees, and that all work done in these areas was completed to the standards set forth above. (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. (e) Any trees damaged during construction, as verified by the project arborist, be included in the City's tree removal fee mitigation and any trees initially identified for removal but saved during construction as verified by the project arborists be credited against the tree removal fees. note to this effect shall be placed on the approved construction/grading plans with the provision that CDFG shall be notified if the pre-construction survey finds the species present in the area proposed for ground disturbance, and that construction work is the area shall not proceed without specific direction from the CDFG. Pre-construction surveys shall focus on the areas to be cleared and graded. If MDFW, burrowing owl, or active raptor nests are confirmed as present on the site, consultation with CDFG will likely require the following: Within 72 hours of site grading, a qualified wildlife biologist shall trap and translocate wood rats from non-grassland habitats(riparian, oak woodlands, scrub)to be graded. The qualified biologist prior to trapping shall determine receptor sites,with consideration given to habitat suitability and proximity to the project site. Animals may be held in captivity, at the discretion of the qualified biologist, until such time that site grading is complete. Animals will then be released to the project site within suitable habitat, as determined by the qualified biologist. D. Earthwork shall be limited to those months within the established dry weather season(April 15 through October 15). E. Soil shall not be stockpiled in areas located near the western project site margin, adjacent to Graves Creek or in areas with the potential to drain into Graves Creek. Stockpiles should be properly covered at all times to avoid wind and water erosion. F. No heavy equipment shall be allowed within the Graves Creek corridor. Construction within the Graves Creek corridor near the bank hinge shall be performed from the top of the bank. Mitigation Measure 4.b.2: The applicant shall require the GP PS,BS,CE 4.b.2 project biologist to review final design plans for the outfall of each retention basin into Graves Creek to determine if any additional impacts or permitting from jurisdictional agencies is required. A letter from the project biologists shall be prepared and forwarded to the City for review and approval to this effect. Mitigation Measure 4.e.1: The building permit site plan shall GP PS,BS,CE 4.e.1 identify all protection and enhancement measures recommended by the Certified Arborist in the Tree Protection Plan. Tree protection fencing shall be installed at the locations called out in the Tree Protection Plan. BP,GP PS,BS,CE 4.e.2 Mitigation Measure 4.e.2: The developer shall contract with a certified arborist 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: ■ Park Footpath&Drainage Basin Area: The entire footpath area shall be fenced off which will include the detention basins. The centerline of the trail shall be identified in the field and all brush removal work shall be done by hand to establish the trail. The trail borders, storm drain and detention basis locations shall be fenced off before base is brought in to construct the trail. All root pruning guidelines below shall apply. Any pillars to be constructed under the drip-line shall be hand dug. Each process shall require arborist monitoring. • Fencing: Shall be a minimum of 4'high chain link, snow or safety fence staked at the drip-line or line of encroachment for each tree or group of trees. The fence must be up before construction or earthmoving begins. The arborist shall inspect the fence placement once it is erected. This is mandatory or this project. Brush removal shall be complete with hand tools. ■ Soil Aeration Methods: Soils under drip-lines that have been compacted by heavy equipment and/or construction activities shall be returned to their original state before all work is completed. Methods include water jetting, adding organic matter, and boring small holes with an auger(18"deep, 24 apart with a 24"auger)and the application of moderate amounts of nitrogen fertilizer. The arborist shall advise. • Chia Mulch: All areas within the drip-line of the trees that cannot be fenced shall receive a 4-6"layer of chip mulch to retain moisture, soil structure and reduce the effects of soil compaction. ■ Trenching within the Drip-line: All trenching under drip-lines of native trees shall be hand dug, augured or bored. All major roots shall be avoided whenever possible. All exposed roots larger than 1"in diameter shall be clean cut with a sharp pruning tool and not left ragged. ■ Grading within drip-line: Grading should not encroach within the drip-line. If grading is necessary, construction of retaining walls or tree wells or other protection measures may be necessary to insure the survivability of the trees. Chip mulch 4-6"in depth may also be required in these areas. Grading should not disrupt the normal drainage pattern around the trees. Fills should not create a ponding condition and Mitigation Measure 5.b.1: Should any cultural resources be GP BS 5.b.1 unearthed during site development work,the provisions of CEQA-Section 15064.5,will be followed to reduce impacts to a non-significant level. Mitigation Measure 5.b.2: Any additional mitigation measures GP PS,BS,CE 6.b.2 recommended by the project cultural resource consultant, resulting from completion of Phase II testing or from on-site monitoring of earth disturbance activities shall be forwarded to the City in the form of a mitigation monitoring program for site development, and shall be incorporated into the proposed project prior to project approval. Mitigation Measure 6.b: The grading permit application plans GP PS,BS,CE s.b shall include erosion control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. Mitigation Measure 6.c: A soils report shall be required to be BP,GP PS,BS,CE 6.c submitted with a future building permit by the building department. Mitigation Measure 8e.f.1: A Stormwater Pollution Prevention GP PS,BS,CE 8e.f.1 Plan (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 GP PS,BS,CE 8.e.f.2 ensuring that all contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop orders. Mitigation Measure 11.d: All construction activities shall BP,GP PS,BS,CE 11.d comply with the City of Atascadero Noise Ordinance for hours of operation, and as follows: Construction activities shall be limited to the following hours of operation: • 7 a.m.to 7 p.m. Monday through Friday • 9 a.m.to 6 p.m. Saturday • No construction on Sunday Further, particularly loud noises shall not occur before 8 a.m. on weekdays and not at all on weekends. The Community Development Director upon a determination that unusually loud construction activities are having a significant impact on the neighbors may modify the hours of construction. Failure to comply with the above-described hours of operation may result in withholding of inspections and possible construction prohibitions, subject to the review and approval of the Community Development Director. A sign shall be posted on-site with the hours of operation and a telephone number of the person to be contacted in the event of any violations. Staff shall approve the details of such a sign during the Gradin Plan/Building Permit review process. Mitigation Measure 16.c: Points of concentrated drainage into GP PS,BS,CE 16.c Graves Creek shall be addressed by the project biologist and engineer, and subject to review and approval as identified in the Biology section of this initial study.