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Home My WebLink AboutResolution 2004-035 City of Atascadero Resolution No.2004-035 Page 2 of 26 NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero: 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. 6. Due to existing site topography, exception to PD-7 standards regarding lower to upper floor ratios are warranted for proposed development of lots 1 and 4. SECTION 2. Findings for Approval of Tree Removal Permit. The City Council finds as follows: 1. The trees were obstructing proposed improvements that could not 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. SECTION 3. Approval. The Atascadero City Council, in a regular session assembled on April 27, 2004, resolved to approve Conditional use Permit 2003-0118, a Master Plan of Development for Zone Change 2003-0071 subject to the following: 1. EXHIBIT A: Conditions of Approval/Mitigation Monitoring Program 2. EXHIBIT B: Site plan 3. EXHIBIT C: Landscape Plan 4. EXHIBIT D: Statistical Summary 5. EXHIBIT E: Grading and Drainage Plan 6. EXHIBIT F: Lot 1: Floor Plan and Elevations City of Atascadero Resolution No.2004-035 Page 3 of 26 7. EXHIBIT G: Lot 2: Floor Plan and Elevations 8. EXHIBIT H: Lot 3: Floor Plan and Elevations 9. EXHIBIT I: Lot 4: Floor Plan and Elevations 10. EXHIBIT J: Exterior Color&Material Sample Board 11. EXHIBIT K: Arborist Report On motion by Mayor Pro Tem Scalise and seconded by Council Member Clay, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: Council Members Clay, O'Malley, Pacas, Scalise and Mayor Luna NOES: None ABSENT: None ADOPTED: April 27, 2004 CITYATASCAD O By: Dr. eo rge eLuna, Mayor ATTEST: yk-A�- MLU,4� Marcia McClure Torgerson, C.M.C., Cit Clerk APPROVED AS TO FORM: Y)va �/", Roy A. anley, City Atto 9vy City of Atascadero Resolution No.2004-035 Page 4 of 26 EXHIBIT A:Conditions of Approval/Mitigation Monitoring Program PD-7 Master Plan of Development(CUP 2003-0118)/ZCH 2003-0071 Conditions of Approval/ Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS:Planning BL: 5528 Tunitas Ave./5559 Rosario Ave. GP Business License BS:Buis GP:Grading Pem9BS:t Building PD-7 Master Plan of Development BP:Building Permt Services FI: Final Inspection FD:Fire Department CUP 2003-0118/ZCH 2003-0071 TO:Temporary Occupancy PD:Police FO:Final Occupancy Department 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- 0052 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 Parcel Maps. 5. All subsequent Tentative Parcel 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 and E 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. ■ Windows shall be single or double hung vinyl and shall be complimentary in color to the color schemes City of Atascadero Resolution No.2004-035 Page 5 of 26 Conditions of Approval/ Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS:Planning 5528 Tunitas Ave./5559 Rosario Ave. BL:Business License sentices GP:Grading Pemtit BS:Building PD-7 Master Plan of Development BP:Building Permit services FI:Final Inspection FD:Fre Department CUP 2003-0118/ZCH 2003-0071 TO:Temporary Occupancy PD:Police FO:Final Occupancy Department CE:City Engineer WW:Wastewater CA City Attorney shown in EXHIBIT J. ■ Roof material is to be of architectural grade. ■ Siding shown on Parcel 2 residence shall wrap around a minimum of 4 feet along the north elevation ■ Unit A(Lot 1)shall include an emphasized Mediterranean theme to include tapered columns, stylized railing material,trim surrounding the patio opening,and added features or thicker walls to recess the windows or give the appearance thereof OR the fagade shall incorporate clapboard siding and window elements consistent with the adjacent proposed structure on Lot 4,subject to staff approval. 7. All site development shall be consistent with the maximum BP/FM PS intensities described in the statistical project summary as shown on EXHIBIT D. 8. 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 E. 9. 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. ■ The developer shall landscape all front yards. All landscape maintenance shall be the responsibility of the individual property owner. ■ Shade and screening trees shall be installed by the developer in all rear yards as shown in EXHIBIT C. • Street trees shall be 15-gallon Live Oak trees with a minimum of one tree installed on lot 1 and 4. ■ No irrigation shall be installed beneath existing native oak trees unless the arborist notes historic regular watering of the trees.Mulch shall be applied at the base of all native trees as shown on the conceptual landscape plan(EXHIBIT C) • All required landscape trees shall be double staked upon installation. City of Atascadero Resolution No.2004-035 Page 6 of 26 Conditions of Approval/ Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS:Planning BL:Business License Services 5528 Tunitas Ave./5559 Rosario Ave. GP:Grading Permit BS:Building PD-7 Master Plan of Development BP:Building Pemit Services FI:Final Inspection FD:Fire Department CUP 2003-0118/ZCH 2003-0071 TO:Temporary Occupancy PD:Police FO:Final Occupancy Department CE:City Engineer WW:Wastewater CA City Attorney 10. All project fencing shall be installed consistent with BP PS EXHIBIT C subject to the following modifications: a. Fencing shall be constructed of 4-foot high solid redwood or cedar boards with 2-foot lattice section above. b. Fencing along the Rosario and Tunitas Ave frontages shall be a maximum of 3 feet in height. No fencing greater than 3 feet in height shall be located between the residence frontages and the street. c. The design of all fencing shall be compatible with the overall project design,subject to staff approval 11. A Tree Protection Plan shall be prepared for GP PS encroachment within the drip line of native trees located BP on the subject parcel and any adjacent properties.The applicant will contract with a certified arborist to monitor all activity within the drip lines of existing native oak trees. 12. 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. 13. All exterior material finishes(stucco,materials,lighting, BP PS garage doors)shall be durable,high quality,and consistent with Exhibit J. 14. Workforce Housing FM PS,CE Prior to recordation of final map,the applicant shall enter into a legal agreement with the City to reserve t/z of the units for sale to residents or workers within the City of Atascadero, including the affordable units. The agreement shall include the following provisions: • The units shall be offered for sale to residents or workers within the City of Atascadero for a minimum of 60-days. During this time period offers may only be accepted from Atascadero residents or workers; ■ The applicant shall provide reasonable proof to the City that at least one of the qualified buyers is a resident or worker within the City Limits of Atascadero; ■ The Atascadero resident or worker restriction shall apply to the initial sale only; ■ The applicant shall identify which units will be City of Atascadero Resolution No.2004-035 Page 7 of 26 Conditions of Approval/ Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS:Planning 5528 Tunitas Ave./5559 Rosario Ave. BL:Business license Senvices GP:Grading Pemnit BS:Building PD-7 Master Plan of Development BP:Building Permit Sentices FI:Final Inspection FD:Fre Department CUP 2003-0118/ZCH 2003-0071 TO:Temporary Occupancy PD:Police FO:Final Occupancy Department CE:City Engineer WW:Wastewater CA City Attorney reserved;and ■ The City Attorney shall approve the final form of the agreement. 15. The applicant shall replant 11 15-gallon sized native trees on site consistent with the requirements of the Atascadero native Tree ordinance. 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. The location of all existing and proposed fire hydrants FM CE shall be shown on subsequent building permit applications. 18. A letter shall be provided from Atascadero Mutual Water FM CE Company stating the minimum expected water available to the site. Amount available must meet minimum requirement specified in the California Fire Code. 19. Address signage design shall be provided prior to FM CE issuance of any subsequent building permits. City Engineer Site Specific Conditions 20. In the event that the applicant is allowed to bond for the BP PW public improvements required as a condition of this map,the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 21. An engineer's estimate of probable cost shall be BP/GP/FM PW submitted for review and approval by the City Engineer to determine the amount of the bond. 22. The Subdivision Improvement Agreement shall record BP PW concurrently with the Final Map. 23. All public improvements shall be constructed in FM PW conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. City of Atascadero Resolution No.2004-035 Page 8 of 26 Conditions of Approval/ Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS:Planning 5528 Tunitas Ave./5559 Rosario Ave. GP Business Permit BS:serBuis GP:Grading Pennit BS:Building PD-7 Master Plan of Development BP:Building Permit Services FI:Final Inspection FD:Fire Department CUP 2003-01182CH 2003-0071 TO:Temporary Occupancy PD:Police FO:Final Occupancy Department CE:City Engineer WW:Wastewater CA City Attorney 24. The applicant shall enter into a Plan Check/inspection BP PW agreement with the City. 25. The applicant shall be responsible for the relocation FM PW and/or alteration of existing utilities. 26. The applicant shall install all new utilities (water, gas, FM PW electric, cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 27. The applicant shall monument all property corners for construction control and shall promptly replace them if disturbed. 28. A preliminary subdivision guarantee shall be submitted BP BS for review in conjunction with the processing of the parcel map. 29. All existing and proposed utility, pipeline, open space, BP PW 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. 30. Prior to recording the parcel map, the applicant shall BP PW submit a map drawn in substantial conformance with the approved tentative map and in compliance with all conditions the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance forth herein shall submit set for review and approval. 31. Prior to recording the parcel map, the applicant's BP PW surveyor shall set monuments at all new property corners or shall indicate, by certificate on the final map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 32. Prior to recording the parcel map, the applicant shall BP BS pay all outstanding plan check/inspection fees. 33. Prior to recording the parcel map, the applicant shall BP PW 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, which indicates their review of the map. The letter shall identify any new easements, which may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown City of Atascadero Resolution No.2004-035 Page 9 of 26 Conditions of Approval/ Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS:Planning 5528 Tunitas Ave./5559 Rosario Ave. G:Business Perms saris GP:Grading Permit BS:Building PD-7 Master Plan of Development BP:Building Permit Semices FI: Rnal Inspection FD:Fire Department CUP 2003-0118/ZCH 2003-0071 TO:Temporary Occupancy PD:Police FO:Final Occupancy Department CE:City Engineer WW:Wastewater CA City Attorney on the parcel map. 34. Upon recording the final map, the applicant shall BP BS provide the City with a black line clear Mylar (0.4 mil) copy and a blue line print of the recorded map. 35. Prior to the final inspection of any public improvements, BP PW 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. City Engineer BP PW Site Specific Conditions 36. The applicant shall construct new curb,gutter, and BP PS/PW sidewalk, in accordance with City Standards,along entire frontage. The back of sidewalk shall be placed at the property line, unless the City Engineer deems a different alignment is appropriate. 37. The applicant shall overlay Tunitas to the centerline BP PS/PW plus ten feet, in accordance with City Standards. 38. The applicant shall address storm water detention prior BP PW to grading and drainage approval. 39. The applicant shall pay sewer Extension(Annexation) BP BS and Connection fees upon issuance of building permit. 40. Existing drainage patterns from adjacent properties BP PW shall not be obstructed. 41. All drainage from improvements shall cross property BP PW lines within drainage easements. Five-foot drainage easements shall be shown on final map. Wastewater Department Standard Conditions BP PW 42. Existing SS lateral shall be located at the Parcel 2 property line/Tunitas R.O.W. and capped for future Parcel 1 use. 43. Each building shall be individually connected to the public sewer via a 4"gravity lateral,or as approved by the City Engineer. Atascadero Mutual Water Company 44. Before the issuance of building permits,or the recording BP BS of the Final Map,the applicant 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 waters stem City of Atascadero Resolution No.2004-035 Page 10 of 26 Conditions of Approval/ Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS:Planning 5528 Tunitas Ave./5559 Rosario Ave. GBL: P Business License Services GP:Grading Permit BS:Building PD-7 Master Plan of Development BP:Building Permit Services FI: Final Inspection FD:Fire Department CUP 2003-0118/ZCH 2003-0071 TO:Temporary Occupancy PD:Police FO:Final Occupancy Department CE:City Engineer WW:Wastewater CA City Attorney 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. 45. 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. 46. 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. 47. Before the issuance of building or permits,the applicant BP BS 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. 48. The applicant is responsible for designing and BP BS/PW constructing water system improvements that will provide water at pressures and flows adequate for the domestic and fire protection needs of the project. Mitigation Measures 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 Eauipment • 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.2004-035 Page 11 of 26 Conditions of Approval/ Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS:Planning 5528 Tunitas AveJ5559 Rosario Ave. GP Business license ser" GP:Grading Permit BS:Building PD-7 Master Plan of Development BP:Building Permit $ervices FI: Final Inspection FD:Fre Department CUP 2003-0118/ZCH 2003-0071 TO:Temporary occupancy PD:Police FO:Final Occupancy Department CE:City 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.2004-035 Page 12 of 26 Conditions of Approval/ Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS:Planning 5528 Tunitas Ave./5559 Rosario Ave. BI_:Business License Services GP:Grading Permit 135:Building PD-7 Master Plan of Development BP:Building Pemut services FI: Final Inspection FD:Fire Department CUP 2003-0118/ZCH 2003-0071 TO:Temporary Occupancy PD:Police FO:Final Occupancy Department 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 PSBS 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/BS 4.e.2 identify tree protection fencing around the drip line 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 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 drip line 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. City of Atascadero Resolution No.2004-035 Page 13 of 26 Conditions of Approval/ Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS:Planning es 5528 Tunitas Ave./5559 Rosario Ave. BIL:Beading License BS:serBuil GP:Grading Pemrt BS:Building PD-7 Master Plan of Development BP:Building Pen it services Fl: Final Inspection FD:Fire Department CUP 2003-0118/ZCH 2003-0071 TO:Temporary Occupancy PD:Police FO:Final Occupancy Department CE:City Engineer WW:Wastewater CA:City Attorney Mitigation Measure 4.e.4: The developer shall contract with a GP 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 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. City of Atascadero Resolution No.2004-035 Page 14 of 26 Conditions of Approval/ Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS:Planning 5528 Tunitas Ave./5559 Rosario Ave. G Business License Services GP:Grading Permit BS:Building PD-7 Master Plan of Development BP:Building Permit Samoa$ FI: Final Inspection FD:Fire Department CUP 2003-01182CH 2003-0071 TO:Temporary Occupancy PD:Police FO:Final Occupancy Department CE:City Engineer WW:Wastewater CA City Attomey • Grading within drip-line: Grading should not encroach within the drip-line. If grading is necessary, construction of retaining walls or tree wells or other protection measures may be necessary to insure the survivability of the trees. Chip mulch 4-6"in depth may also be required in these areas. Grading should not disrupt the normal drainage pattern around the trees. Fills should not create a ponding condition and 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 drip line 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 drip line 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. The arborist shall also certify the health of the two mature oak trees on site and provide recommendations for future action if necessary. Mitigation Measure 4.e.5:All tree removals shall be mitigated U-5 as prescribed by the Atascadero Native Tree Ordinance. ($500.00) City of Atascadero Resolution No.2004-035 Page 15 of 26 Conditions of Approval/ Timing Responsibility Mitigation Measure Mitigation Monitoring Program /Monitoring PS:Planning BL:Business License Services 5528 Tunitas Ave./5559 Rosario Ave. GP:Grading Permit BS:Building PD-7 Master Plan of Development BP:Building Permit services FI: Final Inspection FD:Fire Department CUP 2003-0118/ZCH 2003-0071 TO:Temporary Occupancy PD:Police FO:Final Occupancy Department CE:City Engineer WW:Wastewater CA City Attomey 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.1: A soils report shall be required to be GP BS 6.c.1 submitted with a future building permit by the building department. Mitigation Measure 8.e.f.1: The developer is responsible for GP BS 8.e.f.1 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 work orders. Mitigation Measure 11.d.1: All construction activities shall GP BS 11.d.1 comply with the City of Atascadero Noise Ordinance for hours City of Atascadero Resolution No.2004-035 Page 16 of 26 EXHIBIT B:Site Plan AVENM wo ,. /�� w I � slit �; -rftn i is Aepr f Fr d $ i� t m f � 3 4 d i tus. aaH&W 9N6. $ASIS OF 8FAFZI N (,S _ t3 T City of Atascadero Resolution No.2004-035 Page 17 of 26 EXHIBIT C:Landscape Plan �. =E 1,j Rk 4V I r, ry tt� t: f "fie .1 d 3 � Y t �t tia , I I E31.".I , i em i City of Atascadero Resolution No.2004-035 Page 18 of 26 EXHIBIT D:Statistical Summary of Project Proposed Project Summary Lot Area 6611 sf 7605 sf 96116s 7260 sf Building Footprint 1775 sf 2685 sf 1181183 sf (not to exceed 35%) 27% 35% 12% 16% Landscaped Area 4766 sf 4420 sf 4930 sf 4877 (minimum 40%) 72% 58% 51% 66% Covered Parking 2 spaces 2 spaces 2 spaces 2 spaces Guest Parking 2 spaces 2 spaces 2 spaces 2 spaces Lower Living Area 1143 sf 2245 sf 1218 sf 1204 sf Upper Living Area 1 860 sfJ 0 sfJ 841 sf 860 sf Garage 1 431 sf1 440 sf1 473 sf 431 sf City of Atascadero Resolution No.2004-035 Page 19 of 26 EXHIBIT E:Grading and Drainage Plan i,1-4 i y�F� _ e. r r r I £ T# a y ji c Erms 1 _ a� a 3 ,: City of Atascadero Resolution No.2004-035 Page 20 of 26 EXHIBIT F:lot 1:Floor Plan and Elevations FM c �lESt eLEynTA?I 1=4: T� raST 1,Q,' Yf s u .�".�. .. %A uF 3&t W�`hF y � �� r y 7 ♦� X c, 9fn psi i �«ra•-m cry...-aa,n¢,e wc., l City of Atascadero Resolution No.2004-035 Page 21 of 26 EXHIBIT G:Lot 2:Floor Plan and Elevations 3,(TH ELEYfiM FP_c.. 13 tv r, EvEuar�ry` a E I { Ri It9.4A --..---+— r' a .v.3 R4 WSAPx. i Aid +�}':. _Sr"t 1' P.. at a. klYksN*O"*/s,R*Li** 3 a g any,.sq�,sarsx%� 7.'�,w rt �� .Pxi`rtsX lcdst « City of Atascadero Resolution No.2004-035 Page 22 of 26 EXHIBIT H:Lot 3:Floor Plan and Elevations - ------------------ - - --------- tit --- 't s EAST EMVAnON------------- ! #TM ELS1tAT10N ------------- ------------- -� Q 1P STEzEVAT1C7M ••• SOMELSVATION MOM } 3 City of Atascadero Resolution No.2004-035 Page 23 of 26 EXHIBIT I: Lot 4:Floor Plan and Elevations 3 1: EgA71ON z � r 3 I.:AC g LSG:+ a� A ! p z 4 $tk t r,- _mm_ « 4_1 �. i tt City of Atascadero Resolution No.2004-035 Page 24 of 26 EXHIBIT J: Exterior Color&Material Sample Board .'€1111 m.w^ �r ,r 1 , W, = n: r. , a .: 22 € 1..� 6be w0a, Metal azxt f:5 14 Aj b 00V Widows Wood and aluminum City of Atascadero Resolution No.2004-035 Page 25 of 26 EXHIBIT K:Arborist Report Steven G.Alvarez Arborist 1615 Lupine Lane Templeton,C.A.93465 (805)431-2581 September 29,2003: Revised March 4,2004 To. Mr.William Mehring From: Steven Alvarez Certified Arborist Re: dot Split for Parcel on Tunitas avenue Atuscadero CA This report is regartis to theproposed lot split listed above. The trees on the existing tot consist of young to mature white oaks(Qtwmv alba)and white oaks cu lobata) and:onc blaek wato tt(Judlans rhtgru), Three trees will need to be removed to, accommodate the lot split,The owner shall he solely responsible in providing a copy of this tree protection plam to any and all contractors that encroach within the drip;line of any>nativc tree. It ishighlyadvised that the owner has each contractor sip his copy also, following mitigntion measures and meths must be fudly''understood and followed by anyone working within critic too zone of any oak tree. Any necessary clarification will be provided by the arborist upon request. I. Fencinrg, The proposed fencing is highlighted in yellow o6 fbegrading plan. It must be a minimum of V Ht*,snow or safety jonce staked at the drip-line or line'of encroachment for each tree or group of trees. The fence must be up before any constructionor earth moviWbegins. Therowner shall be responsible for maintoining an erect fence throughout the-conitruction.period. The arborist upoa no tion will inspect the foam placement-once it is d. This for this prajeet. 2. Soil Aeration M►daz Soils ureter the drip-litics tha have been,00mpacted by heavy equipment turn activities must be returned to their,original state before all work is completed�,, cs s include water) , g organic n ttcr,and boring srooll holes with an auger(18"deep.,2-3'apart with a24"auger)and the applicatmof moderate amounts ofnitroven AiWizw The ar" s) advise. 3. Chi Maleh- .Ali areas within the tip-tine of the t be fenced' shall iv a 4-6"layer of chip mulch to retain moisture,soil structure and reduce the effects of soli compaction. 4, Trenching"'Within the Drip-line: Alt trenching under the drip-lines of native trees l be hand dug,augured or bored. All major roots shall be avoided whenever possible. All exposed roots larger than I"in diameter shall be clean cut with a sharp> priming tools and not left ragged, 5. Grading Wi#W=the drip-line: Gradingshould not encroach within the drip line. If grading is necessary,construction ofrataining watts or tree wells or other City of Atascadero Resolution No.2004-035 Page 26 of 26 EXHIBIT K:Arborist Report protection measures may be necessary to insure the survivability of the trees. Chip mule 4�6°in depth may also be required in these areas. Grading should not disrupt the normal drainage 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 W recovered the'same flay they were used. if they cannot,they most be covered with burlap or another suitable material and wetted down 2x per day until re-buried, 7. Paving wiitbin the Pralp-line: Arborist will advise. The existing driveway on this lot has already been compacted so pavers may not be ne cessary, S. Equipment Operation: 'Vehicles and all heavy equipment shall not be driven under the trees,U this will contribute to soil compaction. 9. Exis Surfaces: The existing ground surface within the drip-tine of'4 oak trees shall not be cut,filled..,compacted or pared. The exception will be adding base on the edge of the existing driveway, 14. Construction Material&and Waste. No liquid.or solid construction waste, shall be dumped on the ground within the drip-line of any oak tree. 11. ArboristMonitoring- An arborist , . bo present for selected activities (trees identifiedon spreadsheet)and pre-construction fplaccmcnt, The monitoring sloes not necessarily have to be continuous but observational at times during the above; activities: 12. Pnr-Const is l s An.00-site pre-construction meeting with the Arbodst(s),-Owner,Planning Stmt and"'the earthy moving team may,be,required,for this protect. Prior to final occupancy,a letter from the arborist(s)shall,be,requitod vonfying health/condition of all impacted trees and-providing any rocemrnendations for any additional mitigation. They letter shall veru that thearborist(s)`were on site for all grafting and/or treaching activity that encroached into the drip-line of the selected native trees,and that all work done in theme areas1was completed to the standards set forth above. All potentially impacted by this project am numbered and identified on both the grading plan and the spreadsheet. The included spreadsbeetincludes trues listed by number,species and `plc if applicable,diameWarol est heig :,(4.5'x, condition;(scale from poor to excellent),scams(avoideti,,impactod,removed, p€), percent€€£'drip line impacted,mitigationrequired(fencing), "construction impact ho etc.),and individual tree totes. let roc know if l can be of any assistance;to you for this project. Steven Cr.Alvarez Certified Arborist: 0511 RESOLUTION NO. 2004-035 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 2003-01189 ADOPTING A MASTER PLAN OF DEVELOPMENT FOR A PD-7 OVERLAY ZONING DISTRICT ON APN 029-081-010 (5528 TUNITAS AVE, 5559 ROSARIO AVEJ MEHRING) WHEREAS, an application has been received from William Mehring (11190 Santa Lucia Rd, Atascadero, CA 93422) Applicant and Property Owner 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 029-081-010 and, WHEREAS the site's General Plan Designation is MDR (Medium-Density Residential Sn ( y ), 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 April 7, 2004, studied and considered the Master Plan of Development (CUP 2003-0118), 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 27, 2004, studied and considered the Master Plan of Development (CUP 2003-0118) for Zone Change 2002-0071, after first studying and considering the Draft Mitigated Negative Declaration prepared for the project, and,