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HomeMy WebLinkAboutResolution 2004-033 RESOLUTION 2004-033 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING VESTING TENTATIVE TRACT MAP 2003-0038, A FIVE LOT MAP CONSISTENT WITH A PD-7 OVERLAY ZONE OF APN 029-292-044 (5680 ROSARIO, 5495 OLMEDA/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 Multi-Family); and, WHEREAS, the Planning Commission has recommended that a site be rezoned to include a PD-7 overlay with a Master Plan of Development thereby allowing a six lot subdivision of the site; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Tentative Tract Map application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said application; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on March 16, 2004, studied and considered Tentative Tract Map 2003-0038, 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 Vesting Tentative Tract Map 2003-0038, 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.2004-033 Page 2 of 17 SECTION 1. Findings of Approval for Tentative Parcel Map. 1. The proposed subdivision, as conditioned, is consistent with the General Plan and applicable zoning requirements. 2. The design and improvement of the proposed subdivision is consistent with the General Plan and applicable zoning requirements. 3. The proposed subdivision, as conditioned, is consistent with the proposed Planned Development Overlay District#7 Master Plan of Development (CUP 2003-0113). 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 in a regular session assembled on April 13, 2004, resolves to approve Vesting Tentative Tract Map (TTM 2003-0038) subject to the following: 1. Exhibit A: Vesting Tentative Tract Map 2003-0038 2. Exhibit B: Conditions of Approval/Mitigation Monitoring Program. City of Atascadero Resolution No.2004-033 Page 3 of 17 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 ATASCrDO By: —� Dr. orge Luna, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., Cit Clerk APPROVED AS TO FORM: RoyVanley, City Att ey City of Atascadero Resolution No.2004-033 Page 4 of 17 Exhibit A:Vesting Tentative Tract Map 2003-0038 II 1 1 - Fn I. I li 9 6 Y 8a i 1. ,I r, I •I I I ,� Yp� ;.a..w 1 1 I p 4 I I f � p 1 1, i I•.r ;tt' �"" "^fs,�..� kp�� w`� ♦,�.cM. � �,. .t'. ,fmks.~ a Y ,�''I =c-,• '�gsMffj t t..a� i .. "" rt{t. . , Ut X�( q p IJ 11 # 1 t I S k p �I "owto AYE, ' 1 J' .t Q j AOL .. ,. ( City of Atascadero Resolution No.2004-033 Page 5 of 17 Exhibit B:Conditions Of Approval/Mitigation Monitoring Program Conditions of Approval/ Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring GP:Grading Permit PS:Planning 5680 Rosario Ave/5495 Olmeda Ave BP:Building cion Services SIP: Subdivision BS:Building Vesting Tentative Tract Map improvement Plans Services TTM 2002-0038 FM:Final Map FD:Fire Department TO:Temporary PD:Police Occupancy Department FI:Final inspection CE:City Engineer FO:Final Occupancy WW:Wastewater CA City Attorney AMWC:Water Comp. Planning Services 1. The approval of this Tentative Parcel Map shall not FM PS become final and effective following approval of Zone Change 2002-0065 and CUP 2003-0113. 2. Approval of this Tentative Parcel Map shall be valid FM PS 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 FM PS the authority to approve minor changes to the project that(1)result in a superior site design or appearance, and/or (2) address a design issue that is not substantive to the Tentative Tract Map and that the Final Map is in substantial conformance with the Tentative Map. 4. The Parcel Map shall be subject to additional fees for FM PS park or recreation purposes (QUIMBY Act) as required by City Ordinance. 5. The granting of this entitlement shall apply to the On going PS property located at (APN 029-292-044, 017) regardless of owner. 6. The Final Map shall be drawn in substantial FM PS 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. 7. The subdivider shall defend, indemnify, and hold FM PS 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. 8. Affordable Housing Requirement: The applicant shall FM PS,CE either set aside one housing unit at the moderate category rate fora period of 30 years and pay in-lieu City of Atascadero Resolution No.2004-033 Page 6 of 17 Conditions of Approval/ Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring GP:Grading Pewit PS:Planning 5680 Rosario Ave/5495 Olmeda Ave BP:Building sBS,dildi SIP: Subdivision Buing Subdivision Vesting Tentative Tract Map Improvement Plans Services TTM 2002-0038 FM:Final Map FD:Fire Department TO:Temporary PD:Police Occupancy Department FI: Final inspection CE:qty Engineer FO:Final Occupancy WW:Wastewater CA City Attomey AMC:Water Comp. fees for the factional portion owed in excess of one unit, or pay an in-lieu fee based on 5.00% of the construction valuation of each of the market rate units. 9. All site development shall be consistent with the BP/FM PS maximum intensities described in the statistical project summary as shown on EXHIBIT E. 10. 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 11. A soils investigation prepared by a licensed FM PS,BS,CE Geotechnical Engineer is to be provided for the project. The report is to be provided at the time of building permit submittal along with the building plans for review by the Building Division. Recommendations contained in the report are to be incorporated into the project plans. Fire Marshal 12. A minimum 16'paved with 20'total clear width FM PS,CE access 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. 13. The location of all existing and proposed fire FM CE hydrants shall be shown on subsequent building permit applications. 14. A letter shall be provided from Atascadero Mutual FM CE Water Company stating the minimum expected water available to the site. Amount available must meet minimum requirement specified in the California Fire Code. 15. Address signage design shall be provided prior to FM CE issuance of any subsequent building permits. 16. Unit 4 shall be fire sprinklered,subject to the l City of Atascadero Resolution No.2004-033 Page 7 of 17 Conditions of Approval/ Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring GP:Grading Pemrit PS:Planning BP:Building Penrit Services 5680 Rosario Ave/5495 Olmeda Ave SIP: Subdivision BS:Building Vesting Tentative Tract Map Improvement Plans Services FM:Final Map FD:Fre Department TTM 2002-0038 TO:Temporary PD:Police Occupancy Department FI: Final inspection CE:City Engineer FO:Final Occupancy WW:Wastewater CA City Attorney AMC:Water Comp• approval of the fire department. 17. 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 avers,and maintenance of the drainage facilities. 18. Fire lanes shall be delineated to restrict parking as FM CE required by the Fire Authority. City Engineer Site Specific Conditions 19. All public improvements shall be constructed in BP CE conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings and/or as directed by the City Engineer. 20. In the event that the applicant is allowed to bond for FM CE the public improvements required as a condition of the final map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 21. 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. 22. The Subdivision Improvement Agreement shall FM CE record concurrently with the Final Map. 23. An encroachment permit shall be obtained prior to BP CE the issuance of building permit. 24. The applicant shall enter into a Plan BP CE Check/inspection agreement with the City. 25. A six(6) foot Public Utility Easement (PUE) shall be FM CE provided contiguous to the Rosario and Olmeda property frontage. 26. The applicant shall be responsible for the relocation BP CE and/or alteration of existing utilities. 27. 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 City of Atascadero Resolution No.2004-033 Page 8 of 17 Conditions of Approval/ Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring GP:Grading Permit PS:Planning 5680 Rosario Ave/5495 Olmeda Ave BP:Building Permit Services SIP: Subdivision BS:Building Vesting Tentative Tract Map Improvemeat Plans Sen^ces FM:Final Map FD:Fre Department TTM 2002-0038 TO:Temporary PD:Police Occupancy Department FI:Final inspection CE:City Engineer FO:Final Occupancy WW:Wastewater CA City Attorney AMWC:Water Comp. of each lot or its public utility easement. 28. The applicant shall monument all property corners for BP CE construction control and shall promptly replace them if disturbed. 29. 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 associated with the necessary acquisitions.The applicant shall also gain concurrence from all adjacent property owners whose ingress and egress is affected by these improvements. 30. Slope easements shall be provided as needed to FM CE accommodate cut of fill slopes. 31. Drainage easements shall be provided as needed to FM CE accommodate both public and private drainage facilities. 32. A preliminary subdivision guarantee shall be FM CE submitted for review in conjunction with the processing of the map. 33. 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. 34. 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. 35. 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. 36. Prior to recording the parcel map, the applicant shall FM CE 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 City of Atascadero Resolution No.2004-033 Page 9 of 17 Conditions of Approval/ Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring GP:Grading Permit PS:Planning 5680 Rosario Ave/5495 Olmeda Ave BP:Building Pennit BS: ding SIP: Subdivision Vesting Tentative Tract Map Improvement Plans SeMCes FM:Final Map FD:Fre Department TTM 2002-0038 TO:Temporary PD:Police Occupancy Department FI: Final inspection CE:City Engineer FO:Final Occupancy WW:Wastewater CA City Attorney AMC:Water Comp. specific and that they will be sufficient to enable the survey to be retraced. 37. Prior to recording the tract map, the applicant shall FM CE pay all outstanding plan check/inspection fees. 38. Prior to recording the map, the applicant shall FM CE complete all improvements required by these conditions of approval. 39. 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. 40. 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. 41. Prior to the final inspection of any public FI CE improvements, the applicant shall submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans. 42. Prior to the final inspection,the applicant shall submit FI CE a written certification from a registered civil engineer or land surveyor that all survey monuments have been set as shown on the final map. 43. 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. City Engineer Project Conditions 44. All frontage improvements shall be constructed on CE Rosario Frontage. Improvements shall include widening Rosario and constructing concrete curb, gutter and sidewalk. City of Atascadero Resolution No.2004-033 Page 10 of 17 Conditions of Approval/ Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring GP:Grading Permit PS:Planning 5680 Rosario Ave/5495 Olmeda Ave BP:Building Permit B3:Bu 1,ung SIP:Subdivision Vesting Tentative Tract Map Improvement Plans Services FM:Final Map FD:Fire Department TTM 2002-0038 TO:Temporary PD:Police Occupancy Department FI: Final inspection CE:City Engineer FO:Final Occupancy WW:Wastewater CA City Attorney AMWC:Water Comp. 45. Existing retaining wall shall be removed from right-of- BP CE way. Appropriate permits shall be acquired by applicant prior to constructing wall. 46. Drainage inlet shall be installed at comer of Rosario BP CE and Olmeda,and connected to new improvements. 47. 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. 48. 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 49. Applicant shall pay sewer Extension (Annexation ), BP CE Connection and Reimbursement fees (if applicable) upon issuance of building permit. 50. Wastewater piping serving fixtures which have flood BP CE 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 51. All wastewater piping outside of right-of-way shall be BP CE private. Atascadero Mutual Water Company 52. 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 City of Atascadero Resolution No.2004-033 Page 11 of 17 Conditions of Approval/ Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring GP:Grading PemYt PS:Planning BP:Building Permit Services 5680 Rosario Ave/5495 Olmeda Ave SIP: Subdivision BS:Building Vesting Tentative Tract Map Improvement Plans services FM:Final Map FD:Fre Department TTM 2002-0038 To:Temporary PD:Police Department FI: Final inspection CE:City Engineer FO:Final Occupancy WW:Wastewater CA City Attorney AMC:Water Comp. Department of Health Services standards. 53. Before the start of construction on the water system SP 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. 54. 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. 55. 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 Eauioment • 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). 0 Maximize to the extent feasible,the use of diesel City of Atascadero Resolution No.2004-033 Page 12 of 17 Conditions of Approval/ Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring GP:Grading Permit PS:Planning 5680 Rosario Ave/5495 Olmeda Ave BP:Building Perrot Services SIP: Subdivision BS:Building Vesting Tentative Tract Map Improvement Pians Services FM:Final Map FD:Rre Department TTM 2002-0038 To:Temporary PD:Police Occupancy Department FI: Final inspection CE:City Engineer FO:Final Occupancy WW:Wastewater CA City Attorney AMC:Water Comp. construction equipment meeting the ARB's 1996 or newer certification standard for off-road heavy-duty diesel engines. • Install diesel oxidation catalysts(DOC),catalyzed diesels particulate filters(CDPF)or other District approved emission reduction retrofit services (Required for projects grading more than 4.0 acres of continuously worked area). Section 6.4: Activity Management Techniques • Develop a comprehensive construction activity management plan designed to minimize the amount of large construction equipment operating during any given time period. • Schedule of construction truck trips during non-peak hours to reduce peak hour emissions. • Limit the length of the construction workday period, if necessary. • Phase construction activities, if appropriate. Section 6.5: Fugitive PM10 All of the following measures shall be included on grading, demolition and building plan notes: A. Reduce the amount of the disturbed area where possible. B. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed(non- potable)water should be used whenever possible. C. All dirt stockpile areas should be sprayed daily as needed. D. Permanent dust control measures identified in the approved project re-vegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities. E. Exposed ground areas that are plann4ed to be reworked at dates greater than one month after initial grading should be sown with a fast-germinating native grass seed and watered until vegetation is established. F. All disturbed soil areas not subject to re-vegetation should be stabilized using approved chemical soil binder,jute netting,or other methods approved in advance by the APCD. G. All roadways,driveways,sidewalks,etc,to be paved should be complete as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. H. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. City of Atascadero Resolution No.2004-033 Page 13 of 17 Conditions of Approval/ Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring GP:Grading Permit PS:Planning 5680 Rosario Ave/5495 Olmeda Ave BP:Building Senric� SIP: Subdivision BS:Building Vesting Tentative Tract Map Improvement Plans Se^^ces FM:Final Map FD:Fire Department TTM 2002-0038 TO:Temporary PD:Police Occupancy Department FI: Final inspection CE:City Engineer FO:Final Occupancy WW:Wastewater CA City Attorney AMC:Water Comp. I. All trucks hauling dirt,sand,soil, or other loose materials are to be covered or should maintain at least two feet of freeboard(minimum vertical distance between top of load and top of trailer)in accordance with CVC Section 23114. J. Install wheel washers where vehicles enter and exit unpaved roads onto streets,or was off trucks and equipment leaving the site. K. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. L. The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering,as necessary,to prevent transport of dust off site. The name and telephone number of such persons shall be provided to the APCD prior to land use clearance for map recordation and land use clearance for finish grading of any structure. Mitigation Measure 4.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 4.9.3: 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 City of Atascadero Resolution No.2004-033 Page 14 of 17 Conditions of Approval/ Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring GP:Grading Pemwt PS:Planning BP:Building Permit Services 5680 Rosario Ave/5495 Olmeda Ave SIP: Subdivision BS:Building Vesting Tentative Tract Map Improvement Plans Services TTM 2002-0038 FM:Final Map FD:Fre Department TO:Temporary PD:Police Occupancy Depamnent FI: Final inspection CE:City Engineer FO:Final Occupancy WW:Wastewater CA City Attorney AMC:Water Comp. 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.e.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 planning staff prior to the issuance of building/grading permits. (b). Arborist shall schedule a pre-construction meeting with engineering/planning staff,grading equipment operators, project superintendent to review the project conditions and requirements prior to any grubbing or earth work for any portion of the project site. All tree protection fencing and trunk protection shall be installed for inspection during the meeting. Tree protection fencing shall be installed at the line of encroachment into the tree's root zone area. (c). As specified by the arborist report and City staff: ■ 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,24 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 City of Atascadero Resolution No.2004-033 Page 15 of 17 Conditions of Approval/ Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring GP:Grading Permit PS:Planning BP:Building Pemtit Services 5680 Rosario Ave/5495 Olmeda Ave SIP: Subdivision BS:Building Vesting Tentative Tract Map Improvement Plans Samos$ FM:Final Map FD:Fire Department TTM 2002-0038 TO:Temporary PD:Police Occupancy Department FI:Final inspection CE:City Engineer FO:Final Occupancy WW:Wastewater Ca City Attorney AMC:water Comp. drip-lines of native trees shall be hand dug,augured or bored. All major roots shall be avoided whenever possible. All exposed roots larger than 1"in diameter shall be`clean cut with a sharp pruning tool and not left ragged. • Grading within drip-line: Grading should not encroach within the drip-line. If grading is necessary, construction of retaining walls or tree wefts 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 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. City of Atascadero Resolution No.2004-033 Page 16 of 17 Conditions of Approval/ Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring GP:Grading Pemit PS:Planning 5680 Rosario Ave/5495 Olmeda Ave BP:Building Permit Seances SIP: Subdivision BS:Building Vesting Tentative Tract Map Improvement Plans Services FM:Final Map FD:Fre Department TTM 2002-0038 TO:Temporary PD:Police Occupancy Department FI: Final inspection CE:City Engineer FO:Final Occupancy WW:Wastewater CA City Attorney AMWC:Water Comp. 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 GP BS 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.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 department. Mitigation Measure 8.e.f.1: Should the disturbed area total GP PS,CE 8.e.f.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.e.f.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 8.0.3 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.2004-033 Page 17 of 17 Conditions of Approval/ Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring GP:Grading Pemrt PS:Planning 5680 Rosario Ave/5495 Olmeda Ave BID:Building Permit Services SIP: Subdivision BS:Building Vesting Tentative Tract Map improvement Plans Services FM:Final Map FD:Fire Department TTM 2002-0038 PD:Police Occupancy Temporary Department Occupancy FI: Final inspection CE:Qty Engineer FO:Rnal Occupancy WW:Wastewater CA:City Attorney AMC:Water Comp. Mitigation Measure 11.d: All construction activities shall BP,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.