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HomeMy WebLinkAboutResolution 2004-032 RESOLUTION 2004-032 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 2003-0113, ADOPTING A MASTER PLAN OF DEVELOPMENT FOR A PD-7 OVERLAY ZONING DISTRICT ON APN 029-292-044 (5680 Rosario, 5495 Olmeda Ave/Madruga) WHEREAS, an application has been received from Rodney Madruga (5495 Olmeda Ave, Atascadero, CA 93422), Applicant, to consider a project consisting of a zone change from RMF-10 (Residential Multi-Family) to RMF-10 / PD-7 (Residential Multi-Family with Planned Development Overlay #7) with the adoption of a Master Plan of Development, and a five lot residential Tentative Parcel Map on APN 029-292-044, 017 and, WHEREAS, the site's General Plan Designation is MDR (Medium-Density Residential); and, WHEREAS, the site's current zoning district is RMF-10 (Residential Multiple-Family); and, WHEREAS, the Planning Commission has recommended that a site be rezoned to include a PD-7 overlay district which requires 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 Zone Change application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Master Plan of Development; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on March 16, 2004, studied and considered the Master Plan of Development (CUP 2003-0113), after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and WHEREAS, the Atascadero City Council, at a Public Hearing held on April 13, 2004, studied and considered the Master Plan of Development (CUP 2003-0113) for Zone Change 2002-0065, after first studying and considering the Draft Mitigated Negative Declaration prepared for the project, and, NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero: City of Atascadero Resolution No.2004-032 Page 2 of 32 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, 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) including the PD-7 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 3. Approval. The Atascadero City Council, in a regular session assembled on April 13, 2004, resolved to approve Conditional use Permit 2003-0113 subject to the following: EXHIBIT A: Conditions of Approval/Mitigation Monitoring Program EXHIBIT B: Site plan EXHIBIT C: Landscape Plan EXHIBIT D: Fencing Design EXHIBIT E: Statistical Summary EXHIBIT F: Grading and Drainage Plan EXHIBIT G: Lot 1: Elevations EXHIBIT H: Lot 2: Elevations EXHIBIT I: Lot 3: Elevations EXHIBIT J: Lot 4: Elevations EXHIBIT K: Exterior Color&Material Sample Board EXHIBIT L: Arborist Report City of Ataseadero Resolution No.2004-032 Page 3 of 32 On motion by Council Member O'Malley and seconded by Council Member Pacas, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: Council Members O'Malley, Pacas, Scalise, and Mayor Luna NOES: Council Member Clay ABSTAIN: None ABSENT: None CITY O TASCADE By: Dr. George Luna, Mayor ATTEST: M94 &4') Mc(�A4.e ,, Marcia McClure Torgerson, C.M.C., Ci Clerk APPROVED AS TO FORM: Ud, i"t / Roy V anley, City Attorn City of Atascadero Resolution No.2004-032 Page 4 of 32 EXHIBIT A:Conditions of Approval/Mitigation Monitoring Program PD-7 Master Plan of Development(CUP 2003-0113)/ZCH 2003-0065 Conditions of Approval/ Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS:Planning 5680 Rosario Ave/5495 Olmeda Ave GP Business License services GP:Grading Permit BS:Building PD-7 Master Plan of Development BP:Building Permit Sendaes CUP 2003-0113/ZCH 2003-0065 T Final Inspection PD:PoliceD:Fire epartmem TO:Temporary Occupancy Department FO:Final Occupancy CE:City Engineer WW:Wastewater CA City Attorney Planning Services 1. The approval of this zone change and use permit shall PS become final and effective following City Council approval. 2. Approval of this Master Plan of Development shall be valid FM PS concurrently with the life of Tentative Tract Map 2003- 0038 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 BP/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 Exhibit B,C,G,H,I,J and F with the following modifications,subject to staff approval: • Staff shall review and approve final color selections for neighborhood compatibility and consistency with the approved Master Plan of Development. ■ Garage doors shall of architectural grade and shall be painted to match the body color of each unit.Half circle elements shall be replaced with solid or square window panels subject to staff review. City of Atascadero Resolution No.2004-032 Page 5 of 32 Conditions of Approval/ Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS:Planning 5680 Rosario Ave/5495 Olmeda Ave GP Business license senates GP:Grating Permit BS:Building PD-7 Master Plan of Development BP:Building Pernit Senate FI: Final Inspection FD:Fire Department CUP 2003-0113/ZCH 2003-0065 TO:Temporary PD:Palle Occupancy Department FO:Rnal Occupancy CE:City Engineer WN:Wastewater CA:City Attorney ■ Windows shall be single or double hung vinyl and shall be complimentary in color to the color schemes shown in EXHIBIT K. ■ Roof material is to be of architectural grade. 7. The project shall include a landscaped buffer between the historic colony home and the project site.This buffer area shall include the following: ■ Porous pavers along the shared portion of the driveway ■ Retention of the oak tree cluster straddling the project site and the adjacent historic colony home property ■ Additional landscaping within the easement area 8. All site development shall be consistent with the maximum BP/FM PS intensities described in the statistical project summary as shown on EXHIBIT E. 9. All site work,grading and site improvements shall be BP/FM PS consistent with the Master Plan of Development as shown in EXHIBIT B,C and F. 10. A final landscape and irrigation plan shall be approved BP PS prior to the issuance of building permits and included as part of site improvement plan consistent with EXHIBIT C. All exterior meters,air conditioning units and mechanical equipment shall be screened with landscape material. Trash/recycle container areas shall be screened with fencing or landscape. • All front yards and street facing side yards shall be landscaped by the developer. All landscape maintenance shall be the responsibility of the individual property owner. • Street trees shall be 24"-box trees with a minimum of two additional tree along Rosario Ave. ■ 15-gallon shade trees shall be installed within the front yard areas of Lots 1,2,and 3. • All required landscape trees shall be double staked upon installation. ■ The drainage basin shall include low-lying ground cover designed to preserve the effectiveness of the basin as City of Atascadero Resolution No.2004-032 Page 6 of 32 Conditions of Approval/ Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS:Planning 5680 Rosario Ave/5495 OGP lmeda Ave Business GensServicesGP:Grading Permit BS:Building PD-7 Master Plan of Development BP:Building Permit Services Fl: Final Inspection FD:Fire Department CUP 2003-01132CH 2003-0065 To:Temporary PD:Police Occupancy Department FO:Final Occupancy CE:City Engineer W W:Wastewater CA City Attorney engineered. 11. All project fencing shall be installed consistent with BP PS EXHIBIT C and D subject to the following modifications: a. Fencing along the Rosario and Olmeda frontages shall be a maximum of 3 feet in height. b. No fencing shall be placed within the required front yard setbacks as measured from Rosario Ave, Olmeda Ave,and/or the private driveway. c. The design of all fencing shall be compatible with the overall project design,subject to staff approval d. No fencing shall be located within the north landscape buffer area adjacent to the historic colony home. 12. The retaining wall along the Rosario frontage shall be constructed of a style and type chosen by the developer. 13. A Tree Protection Plan shall be prepared for GP PS encroachment within the dripline of native trees located on BP the subject parcel and any adjacent properties. 14. Affordable Housing Requirement: The applicant shall FM,BP PS,CE either set aside one housing unit at the moderate category rate for a period of 30 years,or pay an in-lieu fee based on 5.00%of the construction valuation of each of the market rate units. 15. All exterior material finishes(stucco,materials,lighting, BP PS garage doors)shall be durable,high quality,and consistent with Exhibit H. 16. Workforce Housing FM 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; City of Atascadero Resolution No.2004-032 Page 7 of 32 Conditions of Approval/ Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS:Planning 5680 Rosario Ave/5495 Olmeda Ave BL:Business License services GP:Greying Perrit BS:Building PD-7 Master Plan of Development BP:Building Permit Services FI: Final Inspection FD:Fre Department CUP 2003-0113/ZCH 2003-0065 TO:Temporary PD:Police Occupancy Department FO:Final Occupancy CE:City Engineer WW:Wastewater CA City Attorney ■ The applicant shall provide reasonable proof to the City that at least one of the qualified buyers is a resident or worker within the City Limits of Atascadero; ■ The Atascadero resident or worker restriction shall apply to the initial sale only; ■ The applicant shall identify which units will be reserved;and ■ The City Attorney shall approve the final form of the agreement. 17. CC&R's shall include language, and a deed restriction shall be recorded on parcel one,which prohibits alteration of the drainage basin and/or historic property landscape buffer without written approval from the Community Development Director. Building Services 18. 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 19. A minimum 16'paved with 20'total clear width access FM PS,CE with a minimum head clearance of 13'-6"is to be provided to Lots 1,2,and 3. Lot 4 shall provide a minimum of 12-foot wide paved access for the portion of the driveway located on parcel 4.Twenty-foot clear width may be provided with use of turf block or low-lying shrubs along the west side for emergency vehicle access. 20. The location of all existing and proposed fire hydrants FM CE shall be shown on subsequent building permit applications. 21. A letter shall be provided from Atascadero Mutual Water FM CE Company stating the minimum expected water available to the site. Amount available mustmeet minimum requirement specified in the California Fire Code. 22. Address signage design shall be provided prior to FM CE issuance of any subsequent building permits. City of Atascadero Resolution No.2004-032 Page 8 of 32 Conditions of Approval/ Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS:Planning 5680 Rosario Ave/5495 Olmeda Ave G Business License BSMO� GP:Grading Permit 85:Building PD-7 Master Plan of Development BP:Building Permit services CUP 2003-0113/ZCH 2003-0065 FI: Final Inspection Po:PaDepartment Occupancy Temporary Department Occupancy FO:Final Occupancy CE:City Engineer WW:Wastewater CA City Attorney 23. Fire lanes shall be delineated to restrict parking as FM CE required by the Fire Authority. 24. Unit 4 shall be fire sprinklered,subject to the approval of the fire department. City Engineer Standard Conditions 25. All public improvements shall be constructed in SP CE conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings and/or as directed by the City Engineer. 26. In the event that the applicant is allowed to bond for the FM CE public improvements required as a condition of the final map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 27. An engineer's estimate of probable cost shall be FM CE submitted for review and approval by the City Engineer to determine the amount of the bond. 28. The Subdivision Improvement Agreement shall record FM CE concurrently with the Final Map. 29. An encroachment permit shall be obtained prior to the BP CE issuance of building permit. 30. The applicant shall enter into a Plan Check/Inspection BP CE agreement with the City. 31. A six (6) foot Public Utility Easement (PUE) shall be FM CE provided contiguous to the Rosario and Olmeda property frontage. 32. The applicant shall be responsible for the relocation BP CE and/or alteration of existing utilities. 33. The applicant shall install all new utilities (water, gas, BP CE electric,cable TV and telephone)underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 34. The applicant shall monument all property corners for BP CE construction control and shall promptly replace them if disturbed. 35. The applicant shall acquire title interest in any off-site BP CE land that may be required to allow for the construction of the improvements. The applicant shall bear all costs City of Atascadero Resolution No.2004-032 Page 9 of 32 Conditions of Approval/ Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS:Planning 5680 Rosario Ave/5495 Olmeda Ave BL:Bu G ani License Services GP:Grading Pemrt BS:Building PD-7 Master Plan of Development BP:Building Permit Se^^oss CUP 2003-0113/ZCH 2003-0065 F: Final Inspection PD:PoliceD:Pire epartment TO:Temporary Department Occupancyupancy FO:Final Occupancy CE:City Engineer WW:Wastewater CA City Attorney 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. 36. Slope easements shall be provided as needed to FM CE accommodate cut of fill slopes. 37. Drainage easements shall be provided as needed to FM CE accommodate both public and private drainage facilities. 38. A preliminary subdivision guarantee shall be submitted FM CE for review in conjunction with the processing of the map. 39. All existing and proposed utility, pipeline, open space, FM CE or other easements are to be shown on the parcel map. If there are building or other restrictions related to the easements,they shall be noted on the parcel map. The applicant shall show all access restrictions on the parcel map. 40. The final map shall be signed by the City Engineer prior FM CE to the map being placed on the agenda for City Council acceptance. 41. Prior to recording the final 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. 42. Prior to recording the parcel map,the applicant shall set FM CE monuments at all new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the parcel map, that comers have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 43. Prior to recording the tract map,the applicant shall pay FM CE all outstanding plan check/inspection fees. 44. Prior to recording the map,the applicant shall complete FM CE all improvements required by these conditions of approval. 45. Prior to recording the tract map,the applicant shall have FM CE the map reviewed by all applicable public and private City of Atascadero Resolution No.2004-032 Page 10 of 32 Conditions of Approval/ Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS:Planning 5680 Rosario Ave/5495 Olmeda Ave BL:Business License Services GP:Grading Permit BS:Building PD-7 Master Plan of Development BP:Building Permit Services FI:Final Inspection FD:Fre Department CUP 2003-0113/ZCH 2003-0065 TO:Temporary PD:Police Occupancy Department FO:Final Occupancy CE:City Engineer WW:Wastewater CA City Attomey 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. 46. Upon recording the final map, the applicant shall FM CE provide the City with a black line clear Mylar (0.4 mil) copy and a blue line print of the recorded map. 47. Prior to the final inspection of any public improvements, FI CE 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. 48. Prior to the final inspection,the applicant shall submit a FI CE written certification from a registered civil engineer or land surveyor that all survey monuments have been set as shown on the final map. 49. Prior to the issuance of building permits the applicant BP CE shall submit a grading and drainage plan prepared by a registered civil engineer for review and approval by the City Engineer. 50. A homeowners association,or other funding and FM PW maintenance agreement shall be submitted for approval by the City Engineer and City Attorney prior to recording the final map. The agreement shall cover scheduled maintenance of the pervious pavers, and maintenance of the drainage facilities. City Engineer Project Conditions 51. All frontage improvements shall be constructed on CE Rosario Frontage. Improvements shall include widening Rosario and constructing concrete curb,gutter and sidewalk. 52. Existing retaining wall shall be removed from right-of- BP CE way. Appropriate permits shall be acquired by applicant prior to constructing wall. 53. Drainage inlet shall be installed at corner of Rosario and BP CE Olmeda,and connected to new improvements. City of Atascadero Resolution No.2004-032 Page 11 of 32 Conditions of Approval/ Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS:Planning 5680 Rosario Ave/5495 Olmeda Ave GP:Grading 13L:13uding License services;Pemrt BS:Building PD-7 Master Plan of Development 1313:Building Permit services CUP 2003-0113/ZCH 2003-0065 Fl:Final Inspection PD: Polir�D:Fire Department TO:Temporary OccupancyDepartment FO:Final O 'upancy CE:City Engineer WN:Wastewater CA City Attorney 54. A single detention basin shall be provided on the BP CE property. The detention basin shall be sized to provide for a 50-year storm with a 2-year storm release. The outlet of the basin shall drain through a sidewalk underdrain. 55. A drainage easement for the detention basin shall be FM CE provided. Drainage shall cross property lines only within drainage easements. Provide drainage easements along all proposed drainage paths. Wastewater Department Standard Conditions 56. Applicant shall pay sewer Extension (Annexation), BP CE Connection and Reimbursement fees (if applicable) upon issuance of building permit. 57. Wastewater piping serving fixtures which have BP CE flood level rims located below the elevation of the next upstream manhole cover of the public or private sewer serving such wastewater piping shall be protected from backflow of sewage by installing an approved type backwater valve Fixtures above such elevation shall not discharge through the backwater valve 58. All wastewater piping outside of right-of-way BP CE shall be private. Atascadero Mutual Water Company 59. Before recordation of the final map,the applicant BP BS shall 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. 60. 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 City of Atascadero Resolution No.2004-032 Page 12 of 32 Conditions of Approval/ Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS:Planning 5680 Rosario Ave/5495 Olmeda Ave BL,Business license Services GP:Grading Permit BS:Building PD-7 Master Plan of Development BP:Building Permit services FI:Final Inspection FD:Fre Department CUP 2003-01132CH 2003-0065 TO:Temporary PD:Police Occupancy Department FO:Final Occupancy CE:City Engineer WW:Wastewater CA City Attorney a"deferred connection"agreement. 61. Before issuance of building permits,the applicant BP BS shall obtain a"Will Serve"letter from AMWC for the newly created lots within the subdivision. 62. Private easements may be needed for the private BP BS water service lines that serve parcels created by parcel map which do not front on Rosario. Mitigation Measures BP PS 1.d.1 Mitigation Measure 1.d.1: If exterior lighting is proposed, it shall be designed to eliminate any off site glare. All exterior site lights shall utilize full cut-off,"hooded"lighting fixtures to prevent offsite light spillage and glare. Any luminaire pole height shall not exceed 20-feet in height, limit intensity to 2.0 foot candles at ingress/egress,and otherwise 0.6 foot candle minimum to 1.0 maximum within the private street. Fixtures shall be shield cut-off type and compatible with historic setting, subject to staff approval. Mitigation Measure 3.b.1: The project shall be conditioned to BP BS 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 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). City of Atascadero Resolution No.2004-032 Page 13 of 32 Conditions of Approval/ Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS:Planning 5680 Rosario Ave/5495 Olmeda Ave GBL: P Business worse BSn^� GP:Grading Pemwt BS:Building PD-7 Master Plan of Development BP:Building Permit Services FI: Final Inspection FD:Fire Department CUP 2003-0113/ZCH 2003-0065 TO:Temporery PD:Police Occupancy Department FO:Final Occupancy CE:Qty Engineer WW:Wastewater CA City Attorney Section 6.4: Activity Management Techniques • Develop a comprehensive construction activity management plan designed to minimize the amount of large construction equipment operating during any given time period. • Schedule of construction truck trips during non-peak hours to reduce peak hour emissions. • Limit the length of the construction workday period, if necessary. • Phase construction activities, if appropriate. Section 6.5: Fugitive PM10 All of the following measures shall be included on grading, demolition and building plan notes: A. Reduce the amount of the disturbed area where possible. B. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed(non- potable)water should be used whenever possible. C. All dirt stockpile areas should be sprayed daily as needed. D. Permanent dust control measures identified in the approved project re-vegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities. E. Exposed ground areas that are plann4ed to be reworked at dates greater than one month after initial grading should be sown with a fast-germinating native grass seed and watered until vegetation is established. F. All disturbed soil areas not subject to re-vegetation should be stabilized using approved chemical soil binder,jute netting,or other methods approved in advance by the APCD. G. All roadways,driveways,sidewalks,etc,to be paved should be complete as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. H. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. I. All trucks hauling dirt,sand,soil,or other loose materials are to be covered or should maintain at least two feet of freeboard(minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114. J. Install wheel washers where vehicles enter and exit unpaved roads onto streets,or was off trucks and equipment leaving the site. K. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. City of Atascadero Resolution No.2004-032 Page 14 of 32 Conditions of Approval/ Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS:Planning BIL:5680 Rosario Ave/5495 Olmeda Ave GP GraBusding License BS:Buie GP:Grading Pemit BS:Building PD-7 Master Plan of Development BP:Building Permit Services FI:Final Inspection FD:Fire Department CUP 2003-0113/ZCH 2003-0065 TO:Temporary PD:Police Occupancy Department FO:Final Occupancy CE:City Engineer WW:Wastewater CA City Attorney L. The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering,as necessary,to prevent transport of dust off site. The name and telephone number of such persons shall be provided to the APCD prior to land use clearance for map recordation and land use clearance for finish grading of any structure. Mitigation Measure 4.e.1: The building permit site plan shall GP PS,BS,CE 4.e.1 identify all protection and enhancement measures recommended by the Certified Arborist in the Tree Protection Plan.Tree protection fencing shall be installed at the locations called out in the Tree Protection Plan. Mitigation Measure 4.e.2: The Precise Grading Plan shall GP PS,CE 4.e.2 identify tree protection fencing around the dripline of each existing on-site tree and/or native shrub mass within 20 feet of construction activity. Mitigation Measure 4.e.3: Grading and excavation and GP,BP PS,BS 4.e.3 grading work shall be consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: 1. All existing trees outside of the limits of work shall remain. 2. Earthwork shall not exceed the limits of the project area. 3. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 4. Vehicles and stockpiled material shall be stored outside the dripline of all trees. 5. All trees within the area of work shall be fenced for protection with 4-foot chain link,snow or safety fencing placed per the approved tree protection plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing shall remain in place until completion of all construction activities. 6. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. Mitigation Measure 4.e.4: The developer shall contract with a BP PS,BS 4.9.4 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 planningstaff prior to the City of Atascadero Resolution No.2004-032 Page 15 of 32 Conditions of Approval/ Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS:Planning 5680 Rosario Ave/5495 Olmeda Ave BL: GP easiness license Services GP:Grading Permit BS:Building PD-7 Master Plan of Development BP:Building Permit Services FI:Final Inspection FD:Fre Department CUP 2003-01132CH 2003-0065 TO:Temporary PD:Police Occupancy Department FO:Final Occupancy CE:City Engineer WW:Wastewater CA:City Attorney issuance of building/grading permits. (b). Arborist shall schedule a pre-construction meeting with engineering/planning staff,grading equipment operators, project superintendent to review the project conditions and requirements prior to any grubbing or earth work for any portion of the project site. All tree protection fencing and trunk protection shall be installed for inspection during the meeting. Tree protection fencing shall be installed at the line of encroachment into the tree's root zone area. (c). As specified by the arborist report and City staff: ■ Fencing: Must be a minimum of 4'high,chain link, and snow or safety fence,staked at the drip-line or line of encroachment for each tree or group of trees. Tree fencing shall be erected before demolition, grading,or construction begins and remains in place until final inspection of the project permit,except for work specifically required in the approved plans in which case the project arborist or Planning Staff must be consulted. • Soil Aeration Methods: Soils under 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,2-3'apart with a 2-4"auger)and the application of moderate amounts of nitrogen fertilizer. The arborist 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. • Trenching within the Drip-line: All trenching under drip-lines of native trees shall be hand dug,augured or bored. All major roots shall be avoided whenever possible. All exposed roots larger than 1"in diameter shall be'clean cut with a sharp pruning tool and not left ragged. ■ Gradina within drip-line: Grading should not encroach within the drip-line. If grading is necessary, construction of retaining walls or tree wells or other protection measures may be necessary to insure the survivability of the trees. Chip mulch 4-6"in depth may also be required in these areas. Grading should not disrupt the normal drainage pattern around the trees. Fills should not create a ponding condition and City of Atascadero Resolution No.2004-032 Page 16 of 32 Conditions of Approval/ Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS:Planning 5680 Rosario Ave/5495 Olmeda Ave GBL: P Business License Se^do� GP:Grading Permit BS:Building PD-7 Master Plan of Development BP:Building Permit Services CUP 2003-0113/ZCH 2003-0065 Fl: Te Inspection Po:PaDepartment TO:Temporary Occupancy Department FO:Final Occupancy CE:City Engineer WW:Wastewater CA City Attorney excavations should not leave the tree on a rapidly draining mound. ■ Exposed Roots: Any exposed roots shall be recovered the same day they were exposed. • Paving within the Drip-line: Pervious surfacing is required within the dripline of any oak trees. ■ Compaction: Vehicles and all heavy equipment shall not be driven under the trees,as this will contribute to soil compaction. ■ Existing Surfaces: The existing ground surface within the drip-line of all oak trees shall not be cut,filled, compacted or pared. ■ Construction materials and waste: No liquid or solid construction waste shall be dumped on the ground within the drip-line of any oak tree. ■ Arborist Monitoring: During construction an arborist shall be present when encroaching within the dripline of any Oak tree. (d). Upon project completion and prior to final occupancy a final status report shall be prepared by the project arborist certifying that the tree protection plan was implemented, the trees designated for protection were protected during construction, and the construction-related tree protection measures are no longer required for tree protection. Mitigation Measure 5.a.1:The project shall provide a pavered driveway entrance to extend to the existing paving on the adjacent parcel,consistent with the historic context of the neighborhood.Pavers shall be individually set and shall be bordered by a concrete mow strip. Mitigation Measure 5.a.2: Landscaping shall include shade trees in the front yards of the proposed units facing the historic colony home.A minimum of 2 trees(15-gallon size min)shall be installed within this area. Mitigation Measure 6.b.1:The grading permit application plans GP BS 6.b.1 shall include erosion control measures to prevent soil,dirt,and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. Mitigation Measure 6.c.d.1: A soils report shall be required to GP PS,BS,CE 6.c.d.1 be submitted with a future building permit by the building City of Atascadero Resolution No.2004-032 Page 17 of 32 Conditions of Approval/ Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS:Planning 5680 Rosario Ave/5495 Olmeda Ave GP Business License BSn^� GP:Grading Perrnit BS:Building PD-7 Master Plan of Development BP:Building Permit Services CUP 2003-01132CH 2003-0065 Fl: Final Inspection Po: Pa�Departrnem TO:Temporary Occupancy Department FO:Final Occupancy CE:City Engineer WW:Wastewater CA City Attorney department. Mitigation Measure 8.e.f.1: Should the disturbed area total GP PS,CE 8.0.1 one acre or greater,a Stormwater Pollution Prevention 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. Should the area of disturbance total less than one acre in area,the applicant shall include methods of erosion control and temporary site runoff control,subject to the approval of the City Engineer. Mitigation Measure 8.e.f.2: The Building Permit application BP PS,CE 8.0.2 plans shall identify Best Management Practices (BMPs) appropriate to the uses conducted on site that effectively prohibit the entry of pollutants into storm water runoff. Mitigation Measure 8.e.f.3: The developer is responsible for BP PS,BS 8.e.L3 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 City of Atascadero Resolution No.2004-032 Page 18 of 32 Conditions of Approval/ Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS:Planning 5680 Rosario Ave/5495 Olmeda Ave BL:Business License Se^tices GP:Grading Pemtit ����9 PD-7 Master Plan of Development BP:Building Permit FI: Final Inspection FD:Fire Department CUP 2003-0113/ZCH 2003-0065 TO:Temporary PD:Police Occupancy Department FO:Final Occupancy CE:City Engineer WW:Wastewater CA:City Attorney Mitioation Measure 11.d: All construction activities shall BR GP PS,BS 11.d comply with the City of Atascadero Noise Ordinance for hours of operation. Construction activities shall be limited to the following hours of operation: • 7 a.m.to 7 p.m. Monday through Friday • 9 a.m.to 6 p.m.Saturday • No construction on Sunday Further,particularly loud noises shall not occur before 8 a.m. on weekdays and not at all on weekends. The hours of construction may be modified by the Community Development Director upon a determination that unusually loud construction activities are having a significant impact on the neighbors. 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. The details of such a sign shall be approved by staff during the Grading Plan/Building Permit review process. City of Atascadero Resolution No.2004-032 Page 19 of 32 EXHIBIT B:Site Plan It � w * r 3 f b k ♦h 4Vw b � A + City of Atascadero Resolution No.2004-032 Page 20 of 32 EXHIBIT C:Landscape Plan xdw�axtrrw mea .«�t � xsaxra.ra�ee�r �, ,IIM7 4'Y Y1YM7"IIlM' Lad 124504014 , MIN3, 6k Y � 1 � x � S Y 1 City of Atascadero Resolution No.2004-032 Page 21 of 32 EXHIBIT D:Fencing Design `,e City of Atascadero Resolution No.2004-032 Page 22 of 32 EXHIBIT E:Statistical Summary of Project Proposed Project Summary Lot Area 4354 sf 3999 sf 3675 sf 3563 sf 12349 sf Building Footprint 1 121 sf 947 sf 947 sf 1014 sf 2782 sf (not to exceed 35%) 25% 24% 26% 28% 23% Landscaped Area 2133 sf 1669 sf 1537 sf 1855 sf 6400 sf (minimum 40%) 49% 42% 42% 52% 52% Covered Parking 2 spaces 2 spaces 2 spaces 2 spaces 2 spaces Guest Parking 2 spaces 2 spaces 2 spaces 1 spaces 2 spaces Lower Living Area 528 455 455 528 2382 Upper Living Area 7091 6441 6441 709 0 City of Atascadero Resolution No.2004-032 Page 23 of 32 EXHIBIT F:Grading and Drainage Plan t E t s -RO! t d f � �a City of Atascadero Resolution No.2004-032 Page 24 of 32 EXHIBIT G:Lot 1:Elevations 3 e S f 5 1 M ^V€x I ITt « 4ii City of Atascadero Resolution No.2004-032 Page 25 of 32 EXHIBIT H:Lot 2:Elevations �m 1 � All ' ° U City of Atascadero Resolution No.2004-032 Page 26 of 32 EXHIBIT is Lot 3:Elevations Q I. 1. ==F City of Atascadero Resolution No.2004-032 Page 27 of 32 EXHIBIT J:Lot 4:Elevations h -P7" _E d { i I: v. 9 + 1' kJ d ,�I City of Atascadero Resolution No.2004-032 Page 28 of 32 EXHIBIT K:Exterior Color&Material Sample Board Lots 1 / Lots 2 ROSARIO AVENUE COLOR BOARD LOT 1 i Ill i��ll I iil COMPOSITION ROOFING COUNTRY MANSION EXTERIOR SIDING WOODLAND MYSTERY TRIMSURREY BEIGE ROSARIO AVENUE COLOR BOARD �I LIDT 2 COMPOSITION F30ORNG COUNTW EMT" IN SIMERIOR G, R TRIM TRY ISE I$E City of Atascadero Resolution No.2004-032 Page 29 of 32 EXHIBIT K:Exterior Color&Material Sample Board Lots 3 / Lots 4 LOT3 100WAUN 'COMKOTION I EXTEMR NO 11� TM TOURECD Tr,apeyS POSARIOAVENUE00LOR BOARD LOT COMPMT"ROOFING SIDINGEXMOOR FFW40H REG SEP tw ern City of Atascadero Resolution No.2004-032 Page 30 of 32 EXHIBIT L:Arborist Report 'l�.rrirriir 1. 2004- Mr. Rodnc;y Madruga ("'(3 l -o%uric.+ and OltrIeda , 11scaelero. CA 9K34322' Dear' tier. illadrutnta` ,1'h 1'l rtx clI°zt't4cl h ' 1Z l`�' L'c)taSitltin lt)c. zit re ut.C:41 #�� iR,fictitily ttti t4`4'C S t`<►t thi, r4 pc�rt._.1` h.avc signed the l()Wer"ril ltt ufrat4r c'►t'tlre plcliiti I.es �:4 r,1� Itic r tai>�. The (:)Vcrall,sitc,.lea s a ;im l8 clurnp err-"l3L"S: o;s.tt tI'C es t l�yt"f't.'lt+,ilt!'t f)IF�E1 :(3tl F:l'14 I'tC.11"t}3 clitrani0` .,ici.tthe 1ti (1ccs �reh :ng rsieed 14ren)C � onlr ) 4ctcL�t ) 11r � tilt;; project. °l`lle,sctrces arc '.+nowint", rixit tialtgus(ArmiIlaria.melleia).: due to this Fungus 1-recommend that. the ark), id tfie,drip-line-4t luld tic a.,; r'ninimal a possible-and-all work within this;dip.-lir'rc ;hail l:rc• t'I)onitt)red bV an arhtYrist elcrilt 'No=hije soil movement is twin,G'4)nd-Lic`ed, In a,acltlition.to this monitoring l' r�eO 1111r1cr14'i pt1ivcr type' finish that allows- tllc'pcassa,14: Ofia t' Wid-14l tilc'rc'}tt't tt,itc� c�f'(11C Proposed driveway Area he used. To obtain i,L:J'' ar lander*tcatl4lrng;of the t.te1"ll'rtlrcCtiflll' Inc asures. the m'mneil/develc)per *;lrx-1 I revim iiii- report with al;'contnacte)r,kind a I perr;on al that will be %brking on the presj;.0. In addition t would rLxommet!.J that rl cititctae tcir�; cil el uhc.c)rriractc.)rs re;aacfi ancf siv,n the, 'i'rec i'r i!.et tie;i) t''l,.i.n t4)aa4:k=�cav,ic�4it}c tl�e mitMPI''ie)I1 rn zasutcer .gat hand. Tlle�tre4rs 111:xiin mitigation Ineasure: liravt'hetal Identified With yet1C)vv taalye. The trees; were numbered,and the: triatlk eiianieter(1`1)(311) has becii (.1matm nted on the attached spretadshcet._ I)urim, all phase-.,e)l'cc)nstru4ati4stl ai.rtei Limit the pro}j xt .ts e:mllplt.tetl tile, l,i,, 4.,4,ixl#� tree: 'prolectie)n Aand'.1rcis s i all be in place:;incl prae iced tier all t;re(i City of Atascadero Resolution No.2004-032 Page 31 of 32 EXHIBIT M:Arborist Report application of moderate arnounts of nitrogen fertilizer. Applicant's arborist shall advise. 3. Chip Mulch: All areas within the driplines of the trees that cannot be fenced shall receive a 4-6"layer of chip mulch to retain moisture., soil structure and reduce the affects of soil compaction. 4. Treaching Within The Drip-line: All trenching under the driplines of native trees shal I be hand-dug,augured or bored,and all major roots shall be avoided whenever possible. All exposed roots larger than I"in diameter shall he`cut clean"with a sharp pruning tool and not ragged. 5. Grading Within the Dripline: Grading should not encroach within the dripline. If grading is necessary,construction of retaining walls or tree wells or other protection measures may be necessary to insure the survivability of the trees. Chip mulch,4-6" in-depth may also be required in these areas. Grading,should not disrupt the normal drainage pattern around the trees. Fills should not create a pounding condition and excavations should not leave the trees on a rapidly draining mound. 6. Exposed Roots: Any exposed roots shall be recovered the same day they were exposed. 7. Paving Within the Drip-line. Pervious surfacing is preferred within the drip-line of any oak.trees. K. Compaction: Vehicles and ail heavy equipment shall not be driven under the trees, as this will contribute to soil compaction. 9. Existing Surfaces: The existing ground surface within the dripline of all Oak trees shall not be cut, filled,compacted or pared. 10. Construction Materials and Waste-No liquid or solid excess or waste construction materials shall be dumped on the ground or into any area between the dripline of any Oak trues. 11.Arborist Monitoring: During construction an arborist shall be present when encroaching within the dripline of any Oak tree. 12. Pre-Construction Meeting: An on-site pre-construction meeting with the Arborist, Owner, Planning Staff,and the earth moving team shalt be required for this project. Prior to final occupancy, a letter from thearborist shall be required verifying the health/condition of all impacted trees and providing any recommendations for any additional mitigation. The letter shall verify that the arborist was on-site for all grading activity that encroached into the dripline of the native trees,and that all work in these areas was done to standards and methods set by the arborist. Please came if'I may be of any future assistance to you for this project. Steven G. Alvarez Certified Arborist#WC-0511 City of Atascadero Resolution No.2004-032 Page 32 of 32 EXHIBIT M:Arborist Report QwOQ -4 (Dch .pWWsO m a n 'riF z K � rrrr- rt OOOO M m d N xMi •-1 a oO m 00 -iwCR -a C w 0 O 3 M �Po o rn j W z M i Fn ' �. p. R { n h h Caf(A V =y o x Z yCID to Spa � n a o CO) x m MID 3 b v 0000 S -� S MMMMcc 77 Z V.'M is m r- _' z