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Home My WebLink AboutResolution 2003-076 RESOLUTION NO. 2003-076 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO APPROVING TENTATIVE TRACT MAP 2002-0020 THEREBY ALLOWING A 33-LOT CLUSTER RESIDENTIAL SUBDIVISION OF APN 049-043-002 CONSISTENT WITH THE PD-9 MASTER PLAN OF DEVELOPMENT CUP 2002-0072 (805 El Camino Real/Gearhart) WHEREAS an application has been received from Kelly Gearhart, 6205 Alcantara Avenue, Atascadero, CA 93422, (Applicant & Owner), to consider a project consisting of a Planned Development overlay zone change of PD-9 with the adoption of a Master Plan of Development, and a 33-lot cluster residential tract map with 26 single family lots and a 60-unit senior housing complex, on a 72+/- acre lot located at 805 El Camino Real (APN 049-043-002); and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2003-0054 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 site's General Plan Designation is SFR-X (Single Family Residential 1/2 ac minimum), CREC (Commercial Recreation) and OS (Open Space); and, WHEREAS, the site's zoning district is RSF-X (Residential Single Family 1/z ac minimum), LS (Special Recreation) and OS (Open Space) with a Planned Development-9 overlay; and, WHEREAS, the Planning Commission has recommended that a text amendment to PD-9 be approved allowing residential development with the adoption of a Master Plan of Development; 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 Public Hearing held on October 21, 2003, studied and considered Tentative Tract Map 2002-0020, after first studying and considering the Draft Mitigated Negative Declaration prepared for the project; and, City of Ataseadero Resolution No.2003-076 Page 2 of 33 WHEREAS, the Atascadero City Council, at a Public Hearing held on December 9, 2003, studied and considered Tentative Tract Map 2002-0020, after first studying and considering the Draft Mitigated Negative Declaration prepared for the project; 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 Planned Development Overlay District 9 Master Plan of Development (CUP 2002-0072). 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. 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 resolves to approve Tentative Tract Map 2002-0020 subject to the following: 1. Exhibit A: Tentative Tract Map 2002-0020 2. Exhibit B: Improvement Plan Sheets 1-6 3. Exhibit C: Master Site Plan/Grading Sheets 1-3 4. Exhibit D: Evacuation Plan 5. Exhibit E: Environmental Setback Map City of Atascadero Resolution No.2003-076 Page 3 of 33 6. Exhibit F: Conditions of Approval 7. Staff Report Exhibit 1: DeAnza Trail/Alternative Lot Plan Detail On motion by Council Member Scalise and seconded by Council Member Clay, the foregoing Resolution is hereby adopted in its entirety by the following roll call vote: AYES: Council Members Clay, O'Malley, Pacas, Scalise and Mayor Luna NOES: None ABSENT: None ADOPTED: December 9, 2003 Y OF AT CADERO By: �'`� George Luna, Mayor ATTEST: &AAL4� M c-UY-Lc 117 Marcia McClure Torgerson, C.M.C., Cit Clerk APPROVED AS TO FORM: 44,-J 7 Roy?anley, City Attome Exhibit A:Tentative Tract Map TTM 2002-0020 All MP Aj { o lr f j', a�` pr �i Graves Creek open spaceto be added to „� Fivr t ' ill 11 ��AA�AAAAAAAAAA�V� w� � � � i'►_� y� })� � 111 %!1 , i 1111111 �1�1�1�,1�II�111111�1111Il�I�I. � •�� t��..;" � �� :• , � St � .;�;� /,� Lotlayout �Y�I�IIIII YItYYYIIYYYIiYYY 1 , amended by condition#73 ■�tl11�111� IIYIYIuuYIYYY'' � � r i�A�� -'� IWIRE, , _ w City of Atascadero Resolution No.2003-076 Page 5 of 33 Exhibit B:Improvement Plans Sheet 1 TTM 2002-0020 / r 1 I k ! I . I ' � q � da sar a0 l : g City of Atascadero Resolution No.2003-076 Page 6 of 33 Exhibit B:Improvement Plans:Sheet 2 TTM 2002-0020 1 _ , 1 , 1 � 1 , J 1 1 r 1 I, J, 1 ip HIM t ' ' . 1 lip / Lot layout amended by condition#73 City of Atascadero Resolution No.2003-076 Page 7 of 33 Exhibit B: Improvement Plans:Sheet 3 TTM 2002-0020 c=.a.exq ,1 , ..4 to f I Lot layout amended by i ( i icondition#73 E l ' i ii (/ P A��,i•yj��F4 T ` i ---- ------- +--y--------------------- r r J City of Atascadero Resolution No.2003-076 Page 8 of 33 Exhibit B:Improvement Plans:Sheet 4 TTM 2002-0020 +7 -4 .ate.'._._ JI a _ 4;;, . ZFT zz �r ------ -- --------- --- - - - -_ Fj s 1 allm Fjl"il —/ , * .1 _ _,j...�. } ,+ i \ ka I a' 9 9 1 _ City of Atascadero Resolution No.2003-076 Page 9 of 33 Exhibit 0:Improvement Plans.Sheet 5 TTM 2002-0020 City of Atascadero Resolution No.2003-076 Page 10 of 33 i t'14 t l t 1 1 1 1 1 1 1 1 I ;ij ; 1lilElj I I,� ! 111111 _ I If I Ill 1 1 I 1 ' p 1 111IIII I111�1 III / I M 27 !I 1. I I I li t II If I IIiII f1 1 k 11 l IIIh j if If I 1 I !r E ` li- Trl7'— - i• - IIIiI 1 E�1� IIII, IIII 1 Isj I I I Yrs I I �i ►.i1 �11 idi it if 1 � Li u��_J�CI ---- �` c l 1 1 1 II ' - -- - - 6 i k i 1 N I I p I 1 lII�I+itlt i t( 1 11 t 1111 t z � _ Il I Illj �!pll u 11 j �II�1 Ihrdlll J Y Illi! 11 li � 11 I I 1 I I j j !11� � g {IIIlEI, IEE„ IIJ I�I� Q s IIIEI61111EE11IEI Ei EIEEIEI i � IIEEIIAEIIElil611II�HIIEiI � : g I 1 1 • i i i II 1 1 ' 1 � Exhibit B:Improvement Plans:Shoot 6 rrM 2002-0020 iIr4.11111111l�! Il.riiirrillriliirTT��L 11'1„fllllllf.111111 i:.r1111111111 MW ��'�” 1ii iIi(,; �Illl�ll�f!ll��II t�'�%� 1 ' Illlllii►►lh� ��IIIIIIIINIE!i 111111{IEIIIIIIIIIII I I �� i��1� �� r, i h 17" l� N E6 City of Atascadero Resolution No.2003-076 Page 12 of 33 EXHIBIT C:Master Site Plan/Grading Seniors Cottages(Sheet 1) TTM 2002.0020: PD-9 Master Plan of Development City of Atascadero Resolution No.2003-076 Page 13 of 33 NZ WWR Entire seniors site to be landscaped. 'r n 1/1/1 rYN nu I r 1 Class 1 trail with 20-foot II 111 t, 1 /1 `�.--,�y1 • public access n 411! c s:,� I - '�, Jul u 11 t 1 /r _ easement r' If IM I 1�ILII 111111 �• / � _�� t / bii� tl li f 11 ':I •`r "; s,c' tLr;x , \'�t l — _ ' �l�I%r t 1 IP 1 it !£ .. . • ;h' r Ni !! !! 1 M I /I alli �, �y Nt t i 1 Graves Creek dE Bridge with Class 1 trail �3y1 `� r •�i � �`t-''-=-'�r� t X011 t M `t jIt s"—'%•�=' 1�s'� _ ` "Z +'Z ; 4.� Pil 1111 City of Ataseadero Resolution No.2003-076 Page 14 of 33 EXHIBIT Q Master Site Plan/Grading Single Family(Sheet 2) TTM 2002.0020: PD-9 Master Plan of Development __ -s.'�'�� wry,- � i� I � � ��.• 1i 1 -� 1_ t ++u Class 1 trail �++'a- iI' �� )'1 r, with 20-foot public access easement 1 s It\ t; i�lt It - 1 � • 1 a t � ll it f 8,11 A t rI aouc Fill slopes to tl ,1 • Iyai be landscaped I l n t rr�r 1 r •-- 1 r ��IM it �11t iir Ii IIt TTR. t ' 1\ 1,i \ \ \\��\ r ! ; t i �/I I'(+I�' Lot layout ��` \� i \ �\\`,t\ I �r I jilt r amended by �r�nt� condition #73 I? t 1 ��\- \ \\ \ I •� r r 4 i s ThIt r/�; iIt I it + s.- ,� p Ih 1 1 \ w loss 1s st fi t'- ;- City of Atascadero Resolution No.2003-076 Page 15 of 33 EXHIBIT Q Master Site Plan/Grading Single Family(Sheet 3) City of Atascadero Resolution No.2003-076 Page 16 of 33 TTM 2002-0020: PD-9 Master Plan of Development rM 111 1 4 t l i I) ,1 11411 I i ! �� f1 $ ! � ; I 1 If A If If al1Jr Of1 $ a• +,• X' ! Equestrian r ! b 1, 1 l_. , =r Staging area r 1 / � �, •��•,� / and future Public Park V`i Al 1 4 IIf 11K I 1I1 AAA 1•�1r I .r! i i �` l+ii '/+►r ljilil It �J' ��q+! 1 //rlr i I t(/irr 11�\�` Jill v i 1JT i !r i �I�I 11 j Vi` /'AI 1 Lot layout 1 i i \ amended by \I condition #73 J r;; ;, RRR I \ \ 1 •i� j .� �• 1 rl� / i/ Yl1 It I it a•u,*.3N) -r r 1 Ilk f �� it f�f� ��TtAlto ON�G.71` f „ MQ ttL ;:� �{�1 t:,Y�ti`s i:� iN� ��►��1l��', � �., � 't j ,tit��a► 33��Y55yyyy•••K♦ a f % ti Fir?,%• '� � �I �'� • ��ill��,�A��.;;� ~ �`i�.. ij Atilb n r% 11111111/ ,��^-•�'�'�.�.�,`�1 Mi "rr"�at�w�t>>�,� f 11111111❑ '��Lti ��'�i•�►►1��,+��! , �� i � �.r� unr�l►r�c,; �r 1 V �1Y;a 1�1 1 1 1 1 I EXHIBIT E:lPnv'rnnm onto'Setback Map TTM 2002-0020 t t-\•` ` �f\\�� "- .,`'�'�!5" ��'; /fir �� !. Am QL y + / �?►"�� „ VIS?�r � `�4`-1�� r'�� +,�t,�}�,y�a '+.�✓.AF ,��`'� L1�Q1�t17' 1� ty: HCl��JJJ�J�''''''1�1��(((�� 1 IN MF.r .FI ��• 1 al 7 it •� L �►4� �. Or �, �;�,�` ui�� Ali:`► � +=-� � �� '�"� t,/.. LNk i�� '�i;y� � ti�•�1-A1;'�l(�j ..��, '1`+kl'�� iiu"fly►. 'o' condition#73 111111111 �' '��'�'srf 4�� `�t, �•i'�'� �. EXHIBIT F:Conditions of Approval TTM 2002-0020 Conditions of Approval/Mitigation Monitoring Program Tentative Tract Map 2002-0020 Planning Services 1. The approval of this application shall become final, subject to the completion of the conditions of approval, fourteen (14) days following the Planning Commission approval unless prior to the time, an appeal to the decision is filed as set forth in Section 9-1.111(b)of the Zoning Ordinance. 2. Approval of this Tentative Tract Map shall be valid for two 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 authority to approve minor changes to the project that (1) result in a superior site design or appearance, and/or(2) address a construction design issue that is not substantive to the Tentative Parcel Map. 4. The Tract Map shall be subject to additional fees for park or recreation purposes(QUIMBY Act)as required by City Ordinance. 5. The applicant shall record CC&R's for the subdivision subject to the review and approval of the City Engineer, City Attorney and Community Development Director. The CC&R's shall identify the maintenance responsibilities of all private driveways, roads, bridges, sewer facilities, drainage facilities, common parking areas, site lighting, landscape areas, fencing, and other common facilities. The CC&R's shall also state that that all exterior colors, exterior materials, and yard fencing shall be consistent with the overall master plan of development. 6. The subdivider shall defend, indemnify, and hold harmless the City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the subdivision 7. An irrevocable public recreation, open space and public access easement shall be recorded on Lot 33 and clearly noted on the final map. Lot 33 shall be offered for dedication to the City of Atascadero. 8. Twenty-foot (20-foot) public access easements shall be recorded across all trail corridors located outside of street right-of-ways. 9. Street trees shall be provided on all streets with 50-foot on-center spacing. 10. Vehicular barriers that permit pedestrian and equestrian access shall be provided at all access points to the Salinas River. 11. A Class I trail shall be provided on the east side Road A continuously to Paso Robles Creek 12. A landscape and irrigation plan for all common areas, street trees and the equestrian staging area shall be provided as part of the subdivision tract improvement plans. Landscape plans for the senior cottages may be deferred until building permits. 13. The final map shall include the Graves Creek 100-year flood plain boundary within the Lot 33 open space parcel as shown on Exhibit A. 14. A deed restriction shall be recorded against lots 27,28,29, 30, 31 and 32 limiting occupancy of dwelling units to persons defined as seniors(55 years of age). Conditions of Approval/Mitigation Monitoring Program Tentative Tract Map 2002-0020 15. The emergency services and road maintenance costs of the project shall be 100%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.The administration of the above mentioned funds and the coordination and performance of maintenance activities shall be by the City a) All Atascadero Police Department service costs to the project. b) All Atascadero Fire Department service costs to the project. C) All streets, sidewalks, streetlights, street signs, roads, emergency access roads, emergency access gates,and sewer mains within the project. d) All parks,trails, recreational facilities and like facilities. e) All open space and native tree preservation areas. f) All drainage facilities and detention basins. g) All common landscaping areas, street trees, medians, parkway planters, manufacture slopes outside private yards,and other similar facilities. 16. Prior to recordation of final map, the applicant shall enter into a legal agreement with the City to reserve 1/2 of the units for sale to residents or workers within the City of Atascadero, including the affordable units. The agreement shall include the following provisions: a) 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; b) 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; c) The Atascadero resident or worker restriction shall apply to the initial sale only; d) The applicant shall identify which units will be reserved;and e) The City Attorney shall approve the final form of the agreement. 17. Prior to recordation of final map, a 30-year affordable housing deed restriction shall be recorded consistent with the following table. In-lieu fees for remaining un-built units and fractions of units shall be based on 5.00% of the construction valuation of the market rate unit. Fees shall be paid at time of building permit. Conditions of Approval/Mitigation Monitoring Program Tentative Tract Map 2002-0020 Rochelle PD-9 Affordable Housing Plan Inclusionary Housing Council Policy Proposed Difference In-Lieu Fee MFR Units 60 units 20%Affordable 12 units Estimated Valuation 100,000.00 Affordable Distribution 20%Very Low 2.0 units 2 units 0 units 0% 37% Low 5.0 units 5 units 0 units 0% 43% Moderate 5.0 units 5 units 0 units 0% 12.0 units 12 units 0 units 0% $ - $0/MFR unit Inclusionary Housing Council Policy Proposed Difference In-Lieu Fee SFR Units 26 units 20%Affordable 5 units Estimated Valuation 197,000.00 Affordable Distribution 100% Moderate 5.2 units 5.0 units -0.2 units -4% 5.2 units 5.0 units -0.2 units -4% $ 2&50.00 $470/SFR unit 18. A tract map drawn in substantial conformance 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. Mitigation Measures 3.c.1. A bicycle and pedestrian pathway will be provided along the bridge and project driveway to Graves Creek. 3.c.2. A pedestrian and bicycle pathway shall be provide through the project with a connection to Graves Creek and the Salinas River. Conditions of Approval/Mitigation Monitoring Program Tentative Tract Map 2002.0020 3.c.3. The following measures shall be noted on the grading plans and implemented during construction: A. All material excavated or graded shall be sufficiently watered to prevent excessive amounts of dust. Watering shall occur at least twice daily with complete coverage, preferably in the late morning and after work is finished for the day. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed water should be used whenever possible. B. All clearing, grading, earth moving, or excavation activities shall cease during periods of high winds (i.e. greater than 20 mph averaged over one hour) so as to prevent excessive amounts of dust. C. All material transported off-site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. D. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized so as to prevent excessive amounts of dust. E. Permanent dust control measured identified in the approved project revegetation and landscape plans shall be implemented as soon as possible following completion of any soil disturbing activities. F. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading shall be sown with fast-germinating native grass seed and watered until vegetation becomes established. G. All disturbed areas not subject to revegetation shall be stabilized using approved chemical soil binders,jute netting, or other methods approved in advance by the APCD. H. All roadways, driveways, sidewalks, etc.to be paved shall be completed as soon as possible. In addition,structural foundations shall be completed as soon as possible following building pad construction. I. On-site vehicle speed shall be limited to 15 mph for any unpaved surface. J. All unpaved areas with vehicle traffic shall be watered at least twice per day, using non-potable water. K. Streets adjacent to the project site shall be swept daily to remove silt that may have accumulated from construction activities so as to prevent excessive amounts of dust from leaving the site. K. Wheel washers may be required when significant offsite import or export of fill is involved. L. All dirt stockpile areas should be sprayed daily as needed. 4.a.1. The developed areas of the project will provide a 50-foot setback from riparian canopy and 100- foot setback due to presence of red-legged frog along Paso Robles Creek and Graves Creek. 4.a.2. The tract map shall include an open space habitat easement along the Salinas River and Graves Creek that will include the archaeological site CA-SLO-493. 4.a.3. Wildlife Migration Corridors along the Salinas River, Paso Robles and Graves Creeks shall be provides on the final map. Conditions of Approval/Mitigation Monitoring Program Tentative Tract Map 2002-0020 4.a.4. BR/mm-1: Prior to issuance of construction permits, the applicant shall retain a qualified biological monitor to supervise all construction activities located within or directly adjacent to sensitive communities including riparian forest, and known and potential wetland areas. The biological monitor shall conduct a brief training session prior to commencement of construction to advise construction personnel on the biological sensitivity of various habitats and discuss various measures for minimizing potential construction-related impacts. The biological monitor shall visit construction zones located within or near sensitive areas at a frequency and duration determined appropriate by the City of Atascadero and based on construction timing and sensitivity of resources at issue. During the periodic site visits, the biological monitor will ensure that identified construction zones and access routes remain clearly marked and restricted areas are avoided. Weekly reports will be prepared by the monitor that document construction activities and associated effects on sensitive biological resources. 4.a.5. BR/mm-2: Avoid indirect disturbance of riparian vegetation, including scattered willows, cottonwoods,and valley and coast live oaks,through implementation of the following measures: a) Immediately prior to construction, retain the biological monitor, or qualified botanist, to clearly mark the dripline area of each tree located outside of, but adjacent to proposed development areas. The dripline area of each tree should be marked with highly visible flagging or construction fencing. b) During construction, avoid all soil disturbance, compaction, and grading activities within, and adjacent to, the associated dripline of each tree. The biological monitor should be retained throughout construction activities to ensure that the identified dripline of each tree remains undisturbed, and to supervise all construction activities adjacent to woodland areas. c) Following project implementation, avoid the use of artificial irrigation in areas located adjacent to or within the associated driplines of all remaining oak trees. Revegetate disturbed areas located near remaining oaks, with appropriate native vegetation to minimize the need for artificial irrigation. ;A 4.a.6. BR/mm-3: Designate permanent riparian setbacks for the Salinas River corridor and Gravess Creek corridor to preserve sensitive riparian communities. The setback for the Salinas River should extend from the outer edge of the riparian corridor, and southward 50 feet (Refer to Figures 3 and 4 of Biological Assessment for locations of recommended riparian setbacks). The setback for Graves Creek will extend from the outer edges of the riparian corridor, and upland 100 feet, due to the presence of sensitive species. Permanent riparian setbacks of 100 feet will also be designated for the portion of the Salinas River located west of Graves Creek, and for Paso Robles Creek. 4.a.7. BR/mm-4: If direct disturbance of the southern embankment of the Salinas River, located in the northern portion of the site, cannot be completely avoided, a permit must be obtained from the Corps to discharge dredged or fill material into Waters of the U.S., pursuant to Section 404 of the Clean Water Act. The permit must be obtained from the Corps prior to initiation of any ground disturbance activities in the vicinities of identified drainages. A Streambed Alteration Agreement will also be required from the CDFG for disturbance of any portion of the channel located beneath the top of bank. The applicant should contact the Corps and CDFG well in advance of project implementation to determine specific permitting requirements and mitigation responsibilities associated with disturbance of the identified drainages and associated wetlands. 4.a.8. BR/mm-5: To avoid or minimize indirect impacts to areas qualifying as Waters of the U.S. located down-sloe from proposed development areas, including areas associated with the Conditions of Approval/Mitigation Monitoring Program Tentative Tract Map 2002-0020 Salinas River and Graves Creek implement the following measures: a) Clearly mark the boundaries of all construction areas using highly visible flagging and construction fencing. Limit all private and construction vehicle traffic to areas located within designated access route and construction areas. b) Implement appropriate erosion control measures during construction and limit construction activities to dry weather to avoid increased surface water runoff and erosion on site, and sedimentation in nearby drainages. Install appropriate erosion control devices (i.e., hay bales, silt fences) around the perimeter of each construction zone and areas experiencing disturbance of the ground surface. Erosion control devices should be checked on a daily basis by construction personnel, and periodically by the biological monitor,to ensure proper function. c) Avoid stockpiling any soil in areas located adjacent to drainages, or in areas that have potential to experience significant runoff during the rainy season. d) Following completion of construction-related activities, immediately revegetate all disturbed and barren areas with appropriate native vegetation to reduce the risk of erosion from the site and sedimentation in adjacent ephemeral drainages. Areas experiencing only temporary disturbance should be replanted with only native species that are characteristic of various habitats of the project area. 4.a.9. BR/mm-6: To reduce the potential for inadvertent release of fuel from construction areas to aquatic habitats, avoid all cleaning and refueling of equipment and vehicles within the vicinities of existing drainages and associated seasonal wetland habitat. Stage and re-fuel vehicles only in appropriately marked construction staging areas. 4.a.10. BR/mm-7: Retain a qualified biologist throughout the duration of construction activities to monitor for California red-legged frog (CRLF), as well as southwestern pond turtle, California horned lizard, western toad, and other sensitive species that have potential to occur in construction zones. The monitor should be pre-approved by the USFWS and CDFG to move CRLF from affected areas to appropriate habitats on-site, but away from construction zones. At a minimum, the CRLF monitor should remain on site throughout the duration of all construction activities that take place within 300 feet of the Graves Creek riparian corridor, due to the presence of a known population of the species. 4.a.11. BR/mm-8: To avoid take of active raptor nests, any necessary tree removals should be conducted between September 15 and February 15, outside of the typical breeding season. If any tree removals are determined to be necessary between February 15 and September 15, a raptor nest survey should be conducted by a qualified biologist prior to project implementation and any planned tree removals. The results of the raptor nest survey should be submitted to CDFG, via a letter report. If the biologist determines that a tree slated for removal is being used by raptors for nesting at that time, construction in the vicinity of the nest should be avoided until after the young have fledged from the nest and achieved independence. If no nesting is found to occur in the vicinity of proposed development,construction activities could then proceed. 4.a.12. BR/mm-10: Any public or private access trails retained or created as part of the proposed project should be limited to pedestrian and equestrian traffic only. Restrict the use of all off-road vehicles and construct appropriate barriers at existing river access points. Post signs at regular intervals along public access points to the river that discuss the sensitivity of the adjacent Salinas River corridor and identify allowable and restricted uses. Signs should primarily be posted along the outer edge of the designated setback for the Salinas River. 5.b.1 Prior to any tract improvement within the areas of CA-SLO-492,493, 1076,and 1077,a Phase 2 Archaeological Report shall be prepared. All future development shall conform to the required Conditions of Approval/Mitigation Monitoring Program Tentative Tract Map 2002.0020 mitigations of the Phase 2 study. The sites shall be fenced until mitigation is complete. 5.b.2. A Phase 3 mitigation plan shall be developed for all work proposed in CA-SLO-492, 493, 1076, and 1077. 5.b.3. A deed disclosure shall be included on included on any future lots that cross sites CA-SLO-492, 493, 1076,and 1077 notify owner of the possibility of underlying archaeological deposits. 5.b.4. If human remains are discovered during construction all work shall cease immediately and the Atascadero Community Development Department and County Coroner shall be notified by the contractor. No further work shall occur in the area until authorized by the Atascadero Community Development Department. 6.b.1. A Stormwater Pollution Prevention Plan shall be prepared and approved by the Water Quality Control District prior to the issuance of construction permits. 6.b.2. Erosion/sedimentation and revegetation plans that demonstrate how sensitive riparian areas will be protected from siltation during and after construction shall be included in the construction plans and approved by the City Engineer. 6.b.3. As part of the construction plans, the applicant shall submit a drainage plan which includes the proper design and placement of sediment/grease traps to prevent the discharge of pollutants. As a condition on the drainage plan,the applicant shall maintain the catch basin/grease traps on a regular basis to remove pollutants, reduce high pollutant concentrations during the first flush of storms, prevent clogging of the downstream conveyance system, and maintain the catch basins sediment trapping capacity. 7.g.1. Prior to approving construction plans, the PUC application for a bridge crossing of the UPRR railroad tracks shall be approved by the PUC. 7.q.2. A second access road and/or an alternative emergency 7.g.3. Prior to final map, the Fire Department shall approve a mitigation plan to provide adequate access to the senior cottages. 8.c.1. All residential portions of the site shall be outside of the Flood Hazard Zone. 8.c.2. As part of the grading plan, the City Engineer shall determine whether the FEMA Flood Hazard Zone is being changed by the project. If so, the applicant shall obtain all necessary approvals from FEMA to change maps prior to approval of construction plans. 8.c.3. All grading and drainage facilities shall be designed consistent with the City's NPDES standards. 8.c.4. A storm water pollution prevention plan shall be approved prior to construction. 11.a.1. The project shall provide a 100-foot noise setback buffer with dense landscaping plantings and evergreen trees along the UPRR frontage. Reconfiguration of building sites on lots 23 and 24 will be required. 11.a.2. Disclose to potential buyers that 24-hour average noise levels may exceed the recommended limits established by the City of Atascadero. 11.a.3. Advise buyers that noise levels during train pass-bys will be very loud, potentially annoying and perhaps startling 11.a.4. Advise buyers that noise levels due to operation of trucks, forklifts and loading operations at the Home Depot commercial center will frequently be loud and potentially annoying. Conditions of Approval/Mitigation Monitoring Program Tentative Tract Map 2002-0020 11.a.5. Locate outdoor living spaces out of direct line-of-site of railroad and Home Depot commercial center. City Engineer Drainage Conditions 19. This project drains into the Salinas River, Graves Creek and Paso Robles Creek. The project storm water will drain in a controlled non-erosive manner into these waterways. 20. All requirements of Section 5 "Storm Drainage" of the Engineering Department standard specifications and drawings will be met. 21. Obtain approval by the City Engineer of the grading & drainage plans and the storm drain design & facilities.These plans shall show the method of dispersal at all pipe outlets and method of conduct to approved off-site drainage facilities. 22. Submit calculations 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. 23. Concentrated drainage from off-site and onto offsite 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. 24. All drainage released off the project site and into the Salinas River shall comply with the Regional Water Quality Board Standard and the National Pollution Elimination System, Phase II requirement. The Regional Water Quality Board shall approve a Storm Water Pollution Prevention Plan. 25. This project is surrounded by a 100-year flood plain.This projects construction document shall detail the 100-flood plain elevation on the plans. Grading on this project shall not increase the 100-year flood elevation. The project Engineer shall certify the grading was complete according to the approved plans and all structures are out of the 100-year flood plain. City Engineer Circulation Conditions 26. Road "B". The proposed road from Tract 2454, to the south, to the Grave Creek shall be Rural Local Standard 401 Type`B" (13-foot wide lanes). An 8-foot multi purpose trail shall be constructed on one side of the road. 27. Bridges. Two bridges are included in this project. One across UPRR and one crossing Graves Creek.These bridges will include facilities for two-way vehicle traffic, bicycle and pedestrian travel.A structural engineer will design the bridges, foundations, footings and support structures. The structural engineer will be responsible for the entire design. The construction documents will be submitted in a complete document,detailing all the elements. 28. Senior Housing Complex Roads. These roads shall meet Public Works and Fire Department standards. 29. All public improvements shall be design by a 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. City Engineer Improvement Maintenance Conditions of Approval/Mitigation Monitoring Program Tentative Tract Map 2002-0020 30. .The following items are the responsibility of this development to maintain. They may be maintained through a homeowners association, assessment district, benefit assessment district, landscaping and lighting district, City acceptance or other mechanism to fund and perform short and long term maintenance.This mechanism must be in place prior to the recordation of the final map. a) Road Improvements including road surface, curb, gutter and trails. b) Bridges across Graves Creek and Union Pacific Railroad. The applicant shall provide for annual reports on the bridge condition by a qualified Civil Engineer, Structural engineer or other qualified Professional approved by the City Engineer. The report shall detail the structural integrity of the bridge and the required maintenance for the bridge. The repair and maintenance work on the bridge shall be inspected and approved. The report and repair work will the responsibility of the property owner of this subdivision. c) Drainage facilities. d) Open Space. e) Park. City Engineer Grading and Drainage 31. Grading and Drainage Plans shall be submitted with the Tract Improvement Plans. These plans will conform to all State and Local standard. 32. All drainage released off the project site and into the Salinas River shall comply with the Regional Water Quality Board Standard and the National Pollution Elimination System, Phase II requirement. The Regional Water Quality Board shall approve a Storm Water Pollution Prevention Plan. City Engineer Wastewater 33. This project proposes 2 sewage lift station.This lift station will meet the following criteria: a) Sewer lift stations,force mains, gravity mains, laterals and other sewer facilities shall be privately owned and maintained. b) Catalogue cuts of equipment that will be installed the lift station shall be submitted and approved by the Director of Public Works. c) Lift stations shall be installed with alarm dialers programmed to notify qualified maintenance personnel when malfunctions occur. d) Developer shall submit a lift station emergency contingency plan that addressed protection of public health and the environment from sewage spills and prolonged power outages. e) Lift Station shall be equipped with duplex pumps. 34. Sewer connection permit shall be issued separately (from building permit) after public sewer extension has been completed and has received a satisfactory final Public Works inspection. Final project inspection shall be contingent upon completion of the public sewer extension and Public Works final inspection. Applicant shall pay sewer Extension (Annexation), Connection and Reimbursement fees (if applicable) upon issuance of building permit. All sewer main taps will be done by the City of Atascadero and the developers shall pay a sewer tap fee. City Engineer Standard Conditions 35. All public improvements shall be constructed in conformance with the City of Atascadero Conditions of Approval/Mitigation Monitoring Program Tentative Tract Map 2002-0020 Engineering Department Standard Specifications and Drawings and/or as directed by the City Engineer. 36. In the event that the applicant is allowed to bond for the public improvements required as a condition of the final map,the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 37. An engineer's estimate of probable cost shall be submitted for review and approval by the City Engineer to determine the amount of the bond. 38. The Subdivision Improvement Agreement shall record concurrently with the Final Map. 39. An encroachment permit shall be obtained prior to the issuance of building permit. 40. The applicant shall enter into a Plan Check/Inspection agreement with the City 41. A six(6)foot Public Utility Easement(PUE)shall be provided where needed. 42. The applicant shall be responsible for the relocation and/or alteration of existing utilities. 43. The applicant shall install all new utilities(water,gas,electric,cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 44. The applicant shall monument all property corners for construction control and shall promptly replace them if disturbed. 45. The applicant shall acquire title interest in any off-site 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. 46. Slope easements shall be provided as needed to accommodate cut of fill slopes. 47. Drainage easements shall be provided as needed to accommodate both public and private drainage facilities. 48. A preliminary subdivision guarantee shall be submitted for review in conjunction with the processing of the map. 49. All existing and proposed utility, pipeline,open space, 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. 50. The final map shall be signed by the City Engineer prior to the map being placed on the agenda for City Council acceptance. 51. Prior to recording the final map,the applicant shall 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. 52. Prior to recording the final map,the applicant shall set 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 datespecific and that they will be sufficient to enable the Conditions of Approval/Mitigation Monitoring Program Tentative Tract Map 2002-0020 survey to be retraced. 53. Prior to recording the parcel map,the applicant shall pay all outstanding plan check/inspection fees. 54. Prior to recording the map,the applicant shall complete all improvements required by these conditions of approval. 55. Prior to recording the map,the applicant shall 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. 56. Upon recording the final map,the applicant shall 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. 57. Prior to the final inspection of any public 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. 58. . Prior to the final inspection,the applicant shall submit a written certification from a registered civil engineer or land surveyor that all survey monuments have been set as shown on the final map. Atascadero Mutual Water Company(AMWC): 59. The applicant shall provide a deed restriction on all lots contiguous to the easterly tract boundary that expressly prohibits the construction of septic systems,the drilling of wells or the keeping of livestock. The applicant shall provide the easement by separate instrument,shall show the easement on the final map, and shall address the restrictions in the CC&R's for the project. 60. The applicant shall manage the manure that accumulates as a result of operation of the equestrian facility in a manner that does not allow contaminated storm water run-off to flow onto the River Parcel or in a manner that could contaminate the community's water supply. 61. The applicant shall record instruments separate from and concurrent with the final map that discloses the following to all property owners within the subdivision. AMWC shall review and approve the form and content of the instruments relative to these conditions of approval before they record. a) AMWC operates community water wells on the parcel adjacent to the subdivision (the "River Parcel"). That development and operation of community wells and other water- related facilities on the River Parcel will be of an industrial nature. Impacts to the subdivision will result from operations on the River Parcel that produce intermittent and continuous noise and dust. Other activities will include the drilling of wells, excavation of recovery ponds, construction of pipelines, hauling, handling and storage of hazardous materials, and construction of well and treatment buildings. b) The existence of an easement that prohibits the construction of septic systems,the drilling of wells or the keeping of livestock within construction of septic systems or wells within 150-feet of the easterly tract boundary. c) The possible future uses of the River Parcel that could include residential subdivisions, public parks or other uses. Conditions of Approval/Mitigation Monitoring Program Tentative Tract Map 2002-0020 62. All proposed trail access points on to AMWC property,the Salinas River or the De Anza trail shall include appropriate signage and vehicular barriers to prevent property damage,damage to the riparian environment,vandalism, uses inconsistent with AMWC policies,or other inappropriate or illegal uses. AMWC shall approve all access points onto its property. The City or an entity established to maintain the trail system shall maintain and control all access points onto AMWC property in a manner consistent with other access points onto AMWC property. At its discretion, AMWC may withdraw access rights to properties owned by AMWC without notifying the property owners within the subdivision. 63. In addition to the existing easements and other rights granted to AMWC by the Deed of Water Rights and Related Easements affecting Remainder Parcel of 54-PM-43 recorded as Document No. 2000-001974,Official Records,the applicant shall provide the following water-related easements to AMWC. The easements shall be for water facilities that include, but are not limited to,community wells,treatment buildings,water mains, and access roads. a) 50-foot wide access and water main easements to AMWC across the proposed subdivision. The easements shall follow the roadway alignment s shown on tentative map. The easements shall include any bridges, at-grade crossings, underpasses or other means used to cross the Union Pacific Railroad right-of-way and Graves Creek. b) Easements for future water facilities and access to those facilities on those portions of Lots 27, 28, 29, and 31 that are within the 100-year floodway or floodway fringe or are otherwise not planned for the construction of housing units as shown on the tentative map. c) Easements for the future extension of a water main from the access road for Lots 28-32 to the northwesterly tract boundary. The easements shall have a minimum width of 20- feet. The easements shall allow construction of a water main from the end of the access road to the southwest corner of Lot 32,the northwest corner of Lot 32, and the northwest corner of Lot 31. 64. All access rights granted by the applicant to AMWC relative to these conditions of approval shall be equal or superior to the rights granted the property owners within the subdivision. The easements shall benefit AMWC and all future property owners of the River Parcel or subdivisions thereof. The applicant shall not place restrictions on the access rights granted by the easements required by these conditions of approval such as, but not limited to, prohibitions against hauling hazardous materials or large equipment or hours of use. 65. Before recording the final map,the applicant shall submit water system improvement plans to AMWC for review and approval. All water system improvements shall be constructed in conformance with the AMWC Specifications and Details. The water main between EI Camino Real and Road A shall have a diameter of 12-inches. The water main along Road A shall have a diameter of 12-inches. The water main serving Lots 27-32 shall have a diameter of 12-inches. Smaller diameter water mains may connect to the 12-inch diameter main serving Lots 27-32 to provide a looped system. In addition to the water main at the bridge crossing of Graves Creek, another point of connection to the water distribution system south of Graves Creek shall be provided to provide a looped system for the portion of the water distribution system that serves Lots 27-32. 66. Before recording the final map,the applicant shall destroy all existing wells on the property. The wells shall be destroyed in conformance with the Well Standards of the California Department of Water Resources. 67. Before issuance of building permits,the applicant shall obtain a"Will Serve"letter from the AMWC. 68. Before issuance of building permits,the applicant shall pay all installation and connection fees Conditions of Approval/Mitigation Monitoring Program Tentative Tract Map 2002.0020 required by the AMWC. Fire Department Conditions 69. All fire hydrants and access roads to be installed prior combustible construction to take place. 70. Relocate fire hydrants w/consultation w/fire dept. re: possible reduction on number of hydrants required. 71. Automatic Fire Sprinklers required for senior housing portion of project. 72. Provide for secondary emergency access according to the following: a) Provide a plans that shows and describes the installation/construction for evacuation of residents. The plan shall depict safe routing across the Union Pacific Railroad to the west side. Location of access point shall be midway into senior residential portion of project. b) Show on plan a dedicated easement for possible future secondary multi use access to be used by vehicles, pedestrian, bike and equestrian traffic that facilitates use of the SLOCOG access plan. This dedicated easement plan shall show routing to the North, Northeast direction from the senior housing portion of the project. Residents within proposed project shall have full deed disclosure of said easement. City Council Conditions 73. The master plan of development shall incorporating the revised trail corridor#2 and revised lot plan as shown on Staff Report Exhibit 1. 74. Improvement plans shall be reviewed by Bill Obermeyer(748-9009) and Myra Douglas (466-8061) for approval of the location and length of the fencing along trail corridor#2. Any disagreements regarding the location and length of the fencing along trail corridor#2 shall be resolved by the City Council -end of conditions- Staff Report Exhibit 1: DeAnza Trail/Alternative Lot Plan Detail eA z Trail/Alternative Lot Plan Detail Add 12-foot wide fenced Widen and DeAnza trail at relooate lots top of bank next to trail z IK l s Ss bt M �+ ON Lor hl L Trail Corridor 1 Trail Corridor 2 Required by City Council condition #28 'w€ W� � U M ».« Equestrian staging area Connection to AMWC's DeAnza trail corridors