Loading...
HomeMy WebLinkAboutResolution 2004-021 RESOLUTION 2004-021 A RESOLUTION OF THE ATASCADERO CITY COUNCIL APPROVING CONDITIONAL USE PERMIT AMENDMENT 2002-0067, ADOPTING A MASTER PLAN OF DEVELOPMENT AMENDMENT FOR APN 049-011-004 (Ferrocaril Road —De Anza Estates/Gearhart) WHEREAS, an application has been received from Kelly Gearhart (6205 Alcantara Avenue, Atascadero, CA 93422), Applicant and Property Owner to consider a project consisting of a Zone Change from RS (Residential Suburban) to RSF-Y (Residential Single Family-Y), an amendment to an existing Master Plan of Development, and a Vesting Tentative Tract Map on APN 049-011-004; and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2003-0069 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 Planning Commission has recommended that the site's General Plan designation be amended from SE (Suburban Estate) to SFR-Y (Single-Family Residential — Y); and, WHEREAS, the Planning Commission has recommended that a site be rezoned from RS (Residential Suburban) to RSF-Y (Residential Single Family-Y); and, WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact this amendment to the Master Plan of Development to protect the health, safety and welfare of its citizens by applying orderly development and expanding housing opportunities within the City; 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 Zone Change application was held by the City Council of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said zoning amendments; and, NOW,THEREFORE, the City Council takes the following actions: SECTION 1. Findings for Approval of Master Plan of Development. The City Council finds as follows: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual; and, City of Atascadero Resolution No. 2004-021 Page 2 of 25 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance)including the PD-16 Ordinance; and, 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. SECTION 2. Findings for Approval of Tree Removal Permit. The City Council finds as follows: The tree is obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from the Site Planner and determined by the Community Development Department based on the following factors: ■ Early consultation with the City; ■ Consideration of practical design alternatives; ■ Provision of cost comparisons (from applicant) for practical design alternatives; ■ If saving tree eliminates all reasonable uses of the property; or ■ If saving the tree requires the removal of more desirable trees. City of Atascadero Resolution No. 2004-021 Page 3 of 25 SECTION 3. Recommendation of Approval. The City Council of the City of Atascadero, in a regular session assembled on March 9, 2004, resolves to approve Master Plan of Development (CUP 2002-0067) subject to the following: Exhibit A: Conditions of Approval/Mitigation Monitoring Program Exhibit B: Vesting Tentative Tract Map Exhibit C: Elevations and Floor Plans Exhibit D: Arborist Report Exhibit E: Tree Protection Plan On motion by Council Member O'Malley and seconded by Mayor Luna, the foregoing Resolution is hereby adopted in its entirety by the following roll call vote: AYES: Council Members Clay, O'Malley, Scalise and Mayor Luna NOES: Council Member Pacas ABSENT: None ADOPTED: None n CITYO TASCADE By: 6,, - --� Dr. Ge rge Luna, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., Cit lerk APPROVED AS TOF RM: - -yjf)AI I , ,Roy A anley, City Attorne City of Atascadero Resolution No.2004-021 Page 4 of 25 Exhibit A: Conditions of Approval/Mitigation Monitoring Program CUP 2002-0067 Master Plan of Development Ferrocaril Road-De Anza Estates Site Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL:Business License BS:Building Services FERROCARIL ROAD CUP AMENDMENT GP:GradingPermd FD:Fire Depadwnt BP:Building Pernd PD:Police Depadrrerd FI:Final InspectlDn CE:Ciy Engineer Exhibit A MinOccury��ncy WW:wastewater :F panty CA:Cily Atlomey Mitigation Monitoring Program Pine Mountain Transfer of Development Rights(GPA 2003- 0009/ZCH 2003-0073/ZCH 2003-0072/ZCH 2003-0074/ZCH 2003-0076/CUP 2003-0120/TTM 2003-0041/TTM 2003- 0042/CUP 2002-0067/TTM 2003-0045). 8825,8955 Coromar Avenue,3680&3700 Colima Road, Ferrocaril Road—De Anza Estates,Pine Mountain Planning Services 1. The approval of this zone change and use permit shall BP PS become final and effective following City Council approval. 2. Approval of this Master Plan of Development shall be FM PS valid concurrently with the life of Tentative Tract Map 2003-0042 and then indefinitely following final map. The Master Plan of Development approval shall expire and become null and void unless a final map is recorded consistent with the Master Plan of Development. 3. Changes to the Master Plan of Development shall be On-going PS approved by the Planning Commission and do not require Council action. 4. The Community Development Department shall have the BP/FM PS authority to approve the following minor changes to the project the(1)modify the site plan project by less than 10%,(2)result in a superior site design or appearance, and/or(3)address a construction design issue that is not substantive to the Master Plan of Development. The Planning Commission shall have the final authority to approve any other changes to the Master Plan of Development and any associated Tentative Maps. 5. All subsequent Tentative Tract Map and construction SP/FM PS permits shall be consistent with the Master Plan of Development contained herein. 6. All exterior elevations,finish materials and colors shall be BP PS consistent with the Master Plan of Development as shown in Exhibits Band C. City of Atascadero Resolution No. 2004021 Page 5 of 25 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL:Business License BS:Building Services FERROCARIL ROAD CUP AMENDMENT GP:GradingPemul FD:FireDepadment BP:Building Permit PD:Police Departrriem Fl:Final Insixidbn CE:Cily Engineer TO:Temporary Occupancy WW:Wastewater Exhibit A FO:Final Occupancy CA CityWbmey Mitigation Monitoring Program Pine Mountain Transfer of Development Rights(GPA 2003- 0009/ZCH 2003-0073/ZCH 2003-0072/ZCH 2003-0074/ZCH 2003-0076/CUP 2003-0120/TTM 2003-0041IfTM 2003- 0042/CUP 2002-0067/TTM 2003-0045). 8825,8955 Coromar Avenue,3680&3700 Colima Road, Ferrocaril Road—De Anza Estates,Pine Mountain 7. All site development shall be consistent with the BP/FM PS maximum intensities described in the statistical project summary as shown on Exhibit B. 8. All site work,grading,and site improvements shall be BP/FM PS consistent with the Master Plan of Development as shown in B and D. 9. All applicable conditions of approval and mitigations BP PS,BS,CE from the previously approved Ferrocaril-De-Anza Estates PD-16 project(ZCH 2002-0029,CUP 2002-0067,TTM 2002-0014) shall be incorporated by reference. 10. All project fencing shall be compatible with the overall BP PS project design,subject to staff approval. 11.Effective March 12,2004,the existing gate located at the Ongoing PS existing Ferrocaril Road terminus shall be locked and no construction traffic permitted on existing Ferrocaril Road. 12. Affordable Workforce Housing FM,BP PS,CE 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: 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; City of Atascadero Resolution No.2004-021 Page 6 of 25 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL:Business License BS:Building Services FERROCARIL ROAD CUP AMENDMENT GP.Grading Permt FD:FireDepaMient BP:Building Permit PD:Police Department FI:Final Inspection CE:City Engineer TO:Temporary Occupancy WW:Wastewater Exhibit A FO:Final Occupancy CA City Attorney Mitigation Monitoring Program Pine Mountain Transfer of Development Rights(GPA 2003- 0009/ZCH 2003-0073/ZCH 2003-0072/ZCH 2003-0074/ZCH 2003-0076/CUP 2003-0120/TTM 2003-0041/TTM 2003- 0042/CUP 2002-0067/TTM 2003-0045). 8825,8955 Coromar Avenue,3680&3700 Colima Road, Ferrocaril Road—De Anza Estates,Pine Mountain The Atascadero resident or worker restriction shall apply to the initial sale only; The applicant shall identify which units will be reserved; and The City Attorney shall approve the final form of the agreement. 13. All homes shall be consistent with the design intent BP PS identified in Exhibit C. All exterior material finishes(brick,stone,plank siding, materials,lighting,garage doors)shall be durable,high quality,and consistent with the architectural appearance of each home. A variety of garage doors shall be used,be of superior design quality,and painted to match the residence main body color. 14. Second units shall be restricted from all 20 residential BP,FM PS,CE lots within the Ferrocaril-De Anza Estates overall project area. 15. The applicant shall pay$100 for native tree mitigation FM PS,CE into the City's tree replacement fund. Building Services 16. A soils investigation prepared by a licensed BP FM 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 17. Final street name selection shall be consistent with the BP PS,BS future street extension,subject to staff approval. City of Atascadero Resolution No. 2004-021 Page 7 of 25 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL:Business Ltense BS:Building Ser*es FERROCARIL ROAD CUP AMENDMENT GP:GradingPermil FD:Fire Department BP:Building Permit PD:Police Department Fl:Final Inspection CE:City Engineer TO:Ternprary Exhibit A F0:FnOccu Occupancy WW.Wastewater pancy CA Ciy Attorney Mitigation Monitoring Program Pine Mountain Transfer of Development Rights(GPA 2003- 0009/ZCH 2003-0073/ZCH 2003-0072/ZCH 2003-0074/ZCH 2003-0076/CUP 2003-01201TTM 2003-0041/TTM 2003- 0042/CUP 2002-0067/TTM 2003-0045). 8825,8955 Coromar Avenue,3680&3700 Colima Road, Ferrocaril Road—De Anza Estates,Pine Mountain 18. Provide a letter from the Atascadero Mutual Water BP BS Company stating the minimum expected water available to the site. Amount available must meet min. requirement specified in the California Fire Code. 19. Note approved address signage is to be provided. BP BS 20. Note on plans that fire lanes shall be delineated to BP BS restrict parking as required by the Fire Authority. City Engineer Standard Conditions Drainage: 21. The applicant shall enter into a Plan Check/Inspection GP, BP CE agreement with the City. 22. A six (6) foot Public Utility Easement (PUE) shall be FM CE provided contiguous to the property frontage. 23. Slope easements shall be obtained by the applicant as GP,BP CE needed to accommodate cut or fill slopes. 24. Drainage easements shall be obtained by the applicant GP,BP CE as needed to accommodate both public and private drainage facilities. 25. A preliminary subdivision guarantee shall be submitted FM CE for review in conjunction with the processing of the tract map. 26. The final map shall be signed by the City Engineer FM CE prior to the map being placed on the agenda for City Council acceptance. 27. Prior to recording the tract map,the applicant shall pay FM CE all outstanding plan check/inspection fees. 28. Prior to recording the map, the applicant shall bond for FM CE or complete all improvements required by these conditions of approval. 29. Prior to recording the tract map, the applicant shall FM CE bond for or 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 date specific and that they will be sufficient to enable the survey to City of Atascadero Resolution No.2004-021 Page 8 of 25 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL:Business License BS:Building Services FERROCARIL ROAD CUP AMENDMENT GP:Grading Permit FD:Fre Department BP:Building Permit PD:Police Department FI:Final Inspection CE:CilyEngineer vvater Exhibit A Fo: iFnallOcccupancynprary Occupancy W CilyAWasDmey Occupancy CA Ciy Attorney Mitigation Monitoring Program Pine Mountain Transfer of Development Rights(GPA 2003- 0009/ZCH 2003-0073/ZCH 2003-0072/ZCH 2003-0074/ZCH 2003-0076/CUP 2003-01201TTM 2003-0041/TTM 2003- 0042/CUP 2002-0067/TTM 2003-0045). 8825,8955 Coromar Avenue,3680&3700 Colima Road, Ferrocaril Road—De Anza Estates,Pine Mountain be retraced. 30. Prior to recording the tract map, the applicant shall FM CE submit a map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein.The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 31. All existing and proposed utility, pipeline, open space, FM CE or other easements are to be shown on the final/parcel map. If there are building or other restrictions related to the easements, they shall be noted on the final/parcel map. The applicant shall show all access restrictions on the final/parcel map. 32. Prior to recording the tract map, the applicant shall FM 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. 33. Prior to the issuance of building permits the applicant GP,BP CE shall submit plans and supporting calculations/reports including street improvements, underground utilities, composite utilities, and grading/drainage plans prepared by a registered civil engineer for review and approval by the City Engineer. 34. The applicant must provide for the maintenance of on- FM CE site shared improvements.This includes roads, sidewalks,street trees,streetlights,drainage facilities, sewer, recreation areas and common landscaping.The two methods that may be used are: a. Homeowners Association.This private organization would be responsible for the maintenance,repair and replacement of the facilities. b.Assessment District and Landscape and Lighting District.Funds for the maintenance,repair and replacement of the facilities would be collected on the City of Atascadero Resolution No. 2004-021 Page 9 of 25 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL:Busineea License BS:Building Services FERROCARIL ROAD CUP AMENDMENT GP:Grading Permit FD:FireDepartmerd BP:Building Permit PD:Police Deparlment FI:Final Inspection CE:Ciy En&eer TO:Temporery Occupancy WW:Wastewater Exhibit A FO:FinalOccuparwy CAC4Momey Mitigation Monitoring Program Pine Mountain Transfer of Development Rights(GPA 2003- 0009/ZCH 2003-0073/ZCH 2003-0072/ZCH 2003-0074/ZCH 2003-0076/CUP 2003-0120/7TM 2003-0041/TTM 2003- 0042/CUP 2002-0067/TTM 2003-0045). 8825,8955 Coromar Avenue,3680&3700 Colima Road, Ferrocaril Road—De Anza Estates,Pine Mountain property tax bill and distributed to the City. City Engineer Site Specific Conditions Public Improvements 35. Prior to recording the final map, provisions for the FM CE repair and maintenance of the paving of the private road shall be included in the CC&R's for this tract. Included shall be a mechanism to maintain the private street, private sewer, and drainage swale and structures, such as a homeowners association. The City Engineer and City Attorney shall approve the final form prior to recordation Atascadero Mutual Water Company 36. Before recordation of the final map,the applicant shall BP BS submit plans to AMWC for the water distribution facilities needed to serve the project. AMWC shall review and approve the plans before construction begins on the water system improvements. All new water distribution facilities shall be constructed in conformance with AMWC Standards and Details and the California Waterworks Standards(Code of Regulations Title 22, Division 4,Chapter 16). All cross-connection devices shall conform to AWWA and California Department of Health Services standards. 37. Prior to the issuance of building permits,the applicant BP BS shall obtain a"Will Serve"letter from the Atascadero Mutual Water Company for the newly created lots. 38. Before the start of construction on the water system BP BS improvements,the applicant shall pay all installation and connection fees required by AMWC. Subject to the approval of AMWC,the applicant may enter in to a "deferred connection"agreement. 39. All water distribution facilities shall be constructed in BP BS conformance with Atascadero Mutual Water Company standards, policies and approved procedures. All City of Atascadero Resolution No. 2004-021 Page 10 of 25 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL:Business License BS:Building Services FERROCARIL ROAD CUP AMENDMENT GP:GradingPemat FD:Fire Department BP:Building Permit PD:PoliDe Department FI:Final Inspection CE:City Engineer TO:Temporary Occupancy WW:Wastewater Exhibit A FO:Final Occupancy CA CRYmomey Mitigation Monitoring Program Pine Mountain Transfer of Development Rights(GPA 2003- 0009/ZCH 2003-0073/ZCH 2003-0072/ZCH 2003-0074/ZCH 2003-0076/CUP 2003-0120/TTM 2003-0041/TTM 2003- 0042/CUP 2002-0067/TTM 2003-0045). 8825,8955 Coromar Avenue,3680&3700 Colima Road, Ferrocaril Road—De Anza Estates,Pine Mountain cross-connection devices shall be constructed in conformance with AWWA and Department of Health Services standards. 40. Before the issuance of building or permits,the BP BS applicant shall provide AMWC with easements for those water facilities proposed for operation and maintenance by AMWC that are constructed outside of publicly maintained right-of-ways. AMWC shall review the form and content of the easements before recordation. 41. The Applicant shall submit a hydraulic analysis with the BP BS first plan check submittal of the water system improvements for the project. The analysis should take into account the fire flows required by the Uniform Fire Code and requirements of the California Waterworks Standards. The Analysis should identify any offsite improvements that may be required. 42. The applicant is responsible for designing and SP BS constructing water system improvements that will provide water at pressures and flows adequate for the domestic and fire protection needs of the project. Mitigation Measure 1.d.1: All lighting shall be designed to BP BS,PS,CE 1.d.1 eliminate any off site glare. All exterior site lights shall utilize full cut-off,"hooded"lighting fixtures to prevent offsite light spillage and glare. Mitigation Measure 3.b.1: The project shall be conditioned to BP,GP BS,PS,CE 3.b.1 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 City of Atascadero Resolution No.2004-021 Page 11 of 25 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL:Business License BS:Building Services FERROCARIL ROAD CUP AMENDMENT GP:Grading Permit FD:Fire Department BP:Building Pemi t PD:Police Depmlment FI:Final Inspection CE Ciy Engineer T0:Temporary Occupancy WW:Wastewater Exhibit A FO:Final Occupancy CACilyMomey Mitigation Monitoring Program Pine Mountain Transfer of Development Rights(GPA 2003- 0009/ZCH 2003-0073/ZCH 2003-0072/ZCH 2003-0074/ZCH 2003-0076/CUP 2003-0120/TTM 2003-0041/TTM 2003- 0042/CUP 2002-0067/TTM 2003-0045). 8825,8955 Coromar Avenue,3680&3700 Colima Road, Ferrocaril Road—De Anza Estates,Pine Mountain 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. City of Atascadero Resolution No.2004-021 Page 12 of 25 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL:Business License BS:Building Services FERROCARIL ROAD CUP AMENDMENT GP:Grading PenrA FD:Fire Department BP:Building Permit PD:Police Department FI:Final InspediDn CE:City Engineer TO:Temporary Occupancy WW:Wastewater Exhibit A FO:Final Occupancy CA CityAtlomey Mitigation Monitoring Program Pine Mountain Transfer of Development Rights(GPA 2003- 0009/ZCH 2003-0073/ZCH 2003-0072/ZCH 2003-0074/ZCH 2003-0076/CUP 2003-0120/TTM 2003-0041/TTM 2003- 0042/CUP 2002-0067/TTM 2003-0045). 8825,8955 Coromar Avenue,3680&3700 Colima Road, Ferrocaril Road—De Anza Estates,Pine Mountain 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. 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.e.1: The building permit site plan shall BP PS,SS,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. City of Atascadero Resolution No.2004-021 Page 13 of 25 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL:Business Lbense BS:Building Services FERROCARIL ROAD CUP AMENDMENT GP:Grading Permit FD:FireDeparinent BP:Budding Pemit PD:Police Depart nent FI:Final Inspectbn CE:Cly Engineer Exhibit A FO:FnalOcccu�y CkCkAftorner Occupancy CA Cily Allomey Mitigation Monitoring Program Pine Mountain Transfer of Development Rights(GPA 2003- 0009/ZCH 2003-0073/ZCH 2003-0072/ZCH 2003-0074/ZCH 2003-0076/CUP 2003-0120/TTM 2003-0041/TTM 2003- 0042/CUP 2002-0067/TTM 2003-0045). 8825,8955 Coromar Avenue,3680&3700 Colima Road, Ferrocaril Road—De Anza Estates,Pine Mountain Mitigation Measure 4.e.2: The developer shall contract with a BP,GP PS,BS,CE 4.e.2 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 unless otherwise directed by project arborist with city approval. (c) As specified by the arborist report and City staff: • Fencing: The proposed fencing is highlighted in orange on the grading plan. It must 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 any construction or earth moving begins. The owner shall be responsible for maintaining an erect fence throughout the construction period. The arborist(s),upon notification,will inspect the fence placement once it is erected. ■ Soil Aeration Methods: Soils under the drip- lines that have been compacted by heavy equipment and/or construction activities must 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 2-4"auger)and the application of moderate amounts of nitrogen fertilizer. The arborist(s)shall advise. ■ Chip 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 City of Atascadero Resolution No.2004-021 Page 14 of 25 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL:Business License BS:Building Services FERROCARIL ROAD CUP AMENDMENT GP:Grading Permil FD:Fre Department BP:Building Pemd PD:Poke Department Fl:Final Iris**n CE:City Engineer Exhibit A FO:F�O�CccWancy WW:Wastewater panty CA Cty Momey Mitigation Monitoring Program Pine Mountain Transfer of Development Rights(GPA 2003- 0009/ZCH 2003-0073/ZCH 2003-0072/ZCH 2003-0074/ZCH 2003-0076/CUP 2003-0120/TTM 2003-0041/TTM 2003- 0042/CUP 2002-0067/TTM 2003-0045). 8825,8955 Coromar Avenue,3680&3700 Colima Road, Ferrocaril Road—De Anza Estates,Pine Mountain ■ Trenching Within the Drip-Line: All trenching under the 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 sharp pruning tools and not left ragged ■ Grading Within the Drip-Line: Grading should not encroach within the drip-line. If grading is necessary,construction of retaining walls or tree wells or other protection necessary 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 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. If they cannot,they must be covered with burlap or another suitable material and wetted down 2X per day until re-buried. ■ Paving With the Drip-Line: Pervious surfacing is preferred within the drip-line of any oak tree. Arborist(s)will advise. ■ Equipment Operation: Vehicles and all heavy equipment shall not be driven under the trees,as this will contribute to soil compaction. Also there is to be no parking of equipment or personal vehicles in these areas. • 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 Water: No liquid or solid construction waste shall be dumped on the ground within the drip-line of any oak tree. • Arborist Meeting: An arborist shall be present for selected activities(trees identified on spreadsheet)and pre-construction fence placement. The monitoring does not necessarily have to be continuous but observational at times during the above activities. If there is a"yes"in the monitoring column,this is 100%mandatory. City of Atascadero Resolution No. 2004-021 Page 15 of 25 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL:Business License BS:Building Services FERROCARIL ROAD CUP AMENDMENT GP:GradingPenntl FD:Fire Department BP:Building Permit PD:Police Department Fl:Final Inspection CE:City Engineer TO:Temporary Occupancy WW:Wastewater Exhibit A FO:Final&cupanoy CA,C4ftmey Mitigation Monitoring Program Pine Mountain Transfer of Development Rights(GPA 2003- 0009/ZCH 2003-0073/ZCH 2003-0072/ZCH 2003-0074/ZCH 2003-0076/CUP 2003-0120/TTM 2003-0041/TTM 2003- 0042/CUP 2002-0067ITTM 2003-0045). 8825,8955 Coromar Avenue,3680&3700 Colima Road, Ferrocaril Road—De Anza Estates,Pine Mountain ■ Pre-Construction Meeting: An on-site pre- construction meeting with the arborist(s),owner, planning staff,and the earthy moving team may be required for this project. Prior to final occupancy,a letter from the arborist(s)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(s)were 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. Mitigation Measure 6.b.1: The grading permit application GP PS,SS,CE 6.b.1 plans 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.b.2: All cut and fill slopes shall be GP BR BS 6.b.2 hydroseeded with an appropriate erosion control method (erosion control blanket, hydro-mulch,or straw mulch appropriately anchored)immediately after completion of earthwork between the months of October 15 through April 15. All disturbed slopes shall have appropriate erosion control methods in place. Duration of the project: The contractor will be responsible for the clean-up of any mud or debris that is tracked onto public streets by construction vehicles. Mitigation Measure 6.e.1: Percolation tests are required for all BR GP PS.BS.CE 6.e.1 lots not served by sewer before building permits for residences can be issued. Mitigation Measure 8e.f.1: A Stormwater Pollution Prevention GP PS,BS,CE 8.e.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. City of Atascadero Resolution No.2004-021 Page 16 of 25 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program (Monitoring Measure PS:Planning Services BL:Business License BS:Building Services FERROCARIL ROAD CUP AMENDMENT GP:GradingPemtll FD:FireDepadmenl BP:Building Permit PD:Police Department Fl:Final Inspection CE:City Engineer TO:Temporary OmWancy WW:Wastewater Exhibit A FO:Final Occupancy CACly Altomey Mitigation Monitoring Program Pine Mountain Transfer of Development Rights(GPA 2003- 0009/ZCH 2003-0073/ZCH 2003-0072/ZCH 2003-0074/ZCH 2003-0076/CUP 2003-0120/TTM 2003-0041/TTM 2003- 0042/CUP 2002-0067/TTM 2003-0045). 8825,8955 Coromar Avenue,3680&3700 Colima Road, Ferrocaril Road—De Anza Estates,Pine Mountain 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.1: All construction activities shall BP,GP PS,BS,CE 11.d.1 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&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 Grading Plan/Building Permit review process. City of Atascadero Resolution No.2004-021 Page 17 of 25 Exhibit B: CUP 2002-0067 Master Plan of Development Tentative Tract Map Ferrocaril Road-De Anza Estates Site x� F " 8• ,ti +:s ��t Fw 1 k 6 r � _. d � M 5 v ,h- Mixt T! 9 t Oc r ki C C y gg' a d ,�V I , e � City of Atascadero Resolution No.2004-021 Page 18 of 25 Exhibit C: CUP 2002-0067 Master Plan of Development Elevations and Floor Plans Ferrocaril Road-De Anza Estates Site InvsCR RECEIVED ■ DEC 1 0 2403 - COMMUNITY DEVELOFA4EN� - POCGIl i 4 R.er_ti4�zl�oob. _ I-� — p i roa au' 1 ; 09 WA I THE SANTA BAR.BAR.A 1971 S.r.RESIDENCE w12 GARAGE ■ City of Atascadero Resolution No.2004-021 Page 19 of 25 Exhibit C: CUP 2002-0067 Master Plan of Development Elevations and Floor Plans Fenrocaril Road-De Anza Estates Site •° R I' � ..�■ f/bc DEC 1 0 2003 cot", DEl 011'SHT S KURIkYpn to 1 X00 +,.... ..,•. ..._.._..._...., 1 v i 6A 06,664 THE SANTA BAR-BABA 111 19715.1 RESIDENCE W/3-CAR CARAGE ■ City of Atascadero Resolution No. 2004-021 Page 20 of 25 Exhibit C: CUP 2002-0067 Master Plan of Development Elevations and Floor Plans Ferrocaril Road-De Anza Estates Site # p us y. 4, Y1 ' ---------------- A D r THE SANTA BAR-B NM ■ 197 �k.� E[a���t�K�Z c.`.�iz�:n�iACC.�. �f limit'l�t'f i c..n���ntL�4t�■ City of Atascadero Resolution No. 2004-021 Page 22 of 25 Exhibit D: CUP 20024067 Master Plan of Development Arborist Report Ferrocaril Road-De Anza Estates Site The owner$ soicly responsible in providing a (this fines pro ' tip any and all con ors hWithin the Tip . o it isWOW advised,that ttre owner tcir t py ` ndti ... ure f bods fully a 10howed. Any c iti tirdn wilt be provkIed,by us(tom,srbori s)upon 1. rVacialf: Must be a minimum of 4'h*h chain fi*' O staked at the drip-fit*or fine of encroachment forvach tree or W , OP oftre". The must W opbeforenst ionor earth n begins � o shafthe � for�atnin*an or fence t cat the eofi trwion period. 1U arborist(s)shall inspect the]once placement once*isweeted, This is mandatory for this pn*t. . SOO Aeration tl+teth Spits . err the drip-lines, have co d by heavy+quip t r I . n it` est be re` d to fir . . e before all work is completed. M � iter, tt*, �< rpo mer,� boring-X11 W with an Augo 19" � -Y 1 art with n " ' er) the application ort e' n f� n# iti r. �ar ` , s)sly irr . . Chip f alettz Alf arvas within the drip-line of the trees'thate shall receive 'tayer (chip mulch to retain ,sell structure'aW structure' rod the effects orsoil compaction, 4. Within Tbitk p"One: All itencift under the drip,4aw6frialive trees shall be bandldogj ; ori Or bqrcd. All major roots abaft be avo," ver possible. All an i,'in dfamew shall be cleft cat,,Ah a4. p l;tools and,tet.kft:lragocd, 5. Grrn4 '" l t T)te Drips-line: shoed not ach. it n the drip-lim. if grivai;'6 necessaty,construction of rewtungwalls or tmewvIls orotiter protection measum may be,necessw to insure the ility oftf P mulch 4-60 in depth be hit s uld not upt nip d " tgd Ott . t FillashoultlaofavW a pander mottitioa. excavat ions,shotgnoton A.rapidly ri ', mound, Graft sbabo done by *d unde " " . to avoid tolainglsoy,r6pt* 6. app RootsR Agy.eW�mots bo�recovered t day they were exposed. )f t,they mast be covet�h burlap or tuber,strbl material and down tat day. 7. Paving Within n pervious awficing4s pro* i the drip-lite of any Oak trec Atbotfst(s)wAl advise g. l yu ip t C nt 'Vehicles and all heavy equipment shall not be driven under the us this ibuto$coil co City of Ataseadero Resolution No. 2004-021 Page 23 of 25 Exhibit D: CUP 2002-0067 Master Plan of Development Arborist Report Ferrocaril Road-De Anza Estates Site 3 . ting Sam Tbe,existiagground surface,Within the Arip-litle of all Oak trees shafl,not be cud, lied,coupocted or 10. , Constrecdowb4torisk And Waste: leo fiqui4 or soIldoonstruction tiwaste hail be dumped on the ground within the drip-lire of any oak twee? 11. Arbor` tMonitoring: An arborist SW be present for se 'c$itti s 1tr ' ihed otr t)and pre-construction kneoplacauent, ri b does not woessarRy haw to be continuous but obsemmlimud at times during the above 112. Pre-Coo trut don,Meeting: An o - it . . at ion mocting With,the , project. Pbor to final ockagxatcy,a letter from the 4rbori s)shall be,required the h and batt ofall'impeded trees andprovift any recommendations dit"ion miti nt n. The letter fail vers t the arra ' s)weft on site for 44 grading or trewhing activityencroached into the liter ofthe selected native tree,and that ail'work done in those areas completed to'the standards ad fixth- As pointed out o the beet,tree 41 is a very l dote White cult has past . ' numerouscavitiesand woodpecker iofoststioa. Bac espanstion area..U withiniia-Dine of this tree and should,be td the Wei b l$'. Tr f X15 were ' , d in the lel ; y and 7'tea^►the prirrrat leacft h fid should be to-positiontd,to-positionto the North by fw. wet vers,(0the porou ) �' the 17-1 . Treo Ott', lta r dous tree. Thmisextei sifttte e,oo . todpec er int4station,previusWure*and 4 lot ofdeadwood in the.c , thePruningis, t � r oto . p ' for true 111,howewor,it h%*,advised,to mace hazard,The,road at tbeedge ofirce#20 aludl be hand dry+ llh bat t' artiara for toot prunindriveway for lot 1+x11 needs to appromh between thedrip-lines o trees 3 31 to . .impact. Trev 28 i theoaf tm "t t6te. rev r,the bom,owy able to he to-positioned,to save this UM The included spread s)kwhalew trees listed l y n ,species and if applicaMe,daterand breast , 4. `l,ceaiorr(scalefrrain mor to 11 stams(Avoided,impacted, -of drip,line impacted,miihintion required( it ),construction bVwt(house,use,toad,etc.),and kAv`dual tree note&, City of Atascadero Resolution No. 2004-021 Page 24 of 25 Exhibit D: CUP 2002-0067 Master Plan of Development Arborist Report Ferrocaril Road-De Anza Estates Site 4- Plww to im know if me can be of aW fbture tea Yom,' r this Steven C, Alvarez rti ld Arborist#0511 Chip Tampi Cert ified Arbo #643 City of Atascadero Resolution No. 2004-021 Page 25 of 25 Exhibit E: CUP 2002-0067 Master Plan of Development Tree Protection Plan Ferrocaril Road-De Anza Estates Site