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HomeMy WebLinkAboutResolution 2004-067 RESOLUTION NO. 2004-067 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 2004-0061, A FOUR LOT MAP CONSISTENT WITH A PD-7 OVERLAY ZONE OF APN 031-152-003 (7500 NAVAJOA AVEJ HIGGINS) WHEREAS, an application has been received from Lynne Higgins (7500 Navajoa Ave., 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 four lot residential Tentative Parcel Map on APN 031-152-003 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 four 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 Parcel 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 August 3, 2004, studied and considered Tentative Parcel Map 2004-0061, 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 August 24, 2004, studied and considered Vesting Tentative Tract Map 2004-0061, 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.2004-067 Page 2 of 14 SECTION 1. Findings of Approval for Tentative Parcel May. 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 2003-0097). 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 August 24, 2004, resolves to approve Tentative Parcel Map (TTM 2004-0061) subject to the following: 1. Exhibit A: Tentative Parcel Map 2004-0061 2. Exhibit B: Conditions of Approval/Mitigation Monitoring Program. City of Atascadero Resolution No.2004-067 Page 3 of 14 On motion by Council Member O'Malley and seconded by Council Member Scalise, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: Council Members Clay, O'Malley, Pacas and Scalise NOES: Mayor Luna ABSENT: None ADOPTED: August 24, 2004 CITY F ATASC ERO Dr. 6eorge Luna, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., ty Clerk APPROVED AS TO FORM: Thomas R. Gibson, Interim City Attorney City of Atascadero Resolution No.2004-067 Page 4 of 14 Exhibit A:Tentative Parcel Map 2004-0061 ti IVI I De, jr LM w � C 3 gp 01 } M _, a kms ' City of Atascadero Resolution No.2004-067 Page 5 of 14 Exhibit B:Conditions Of Approval/Mitigation Monitoring Program Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning 7500 Nava'oa Ave. GP Business License BsM�Building � GP:Grading Permit PD-7 Master Plan of Development BP:Building Perrnit services CUP 2003-0097/ZCH 2003-0047 FI:Final Inspection Fre TO:Temporary Department Occupancy PD:Police FO:Final Occupancy Department CE:City Engineer WW:wastewater CA City attorney Planning Services 1. The approval of this Tentative Parcel Map shall not become FM PS final and effective following approval of Zone Change 2003- 0047 and CUP 2003-0097. 2. Approval of this Tentative Parcel Map shall be valid for two FM PS years after its effective date. At the end of the period, the approval shall expire and become null and void unless an extension of time is granted pursuant to a written request received prior to the expiration date. 3. The Community Development Department shall have the FM PS 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 park or FM PS recreation purposes (QUIMBY Act) as required by City Ordinance. 5. The granting of this entitlement shall apply to the property On going PS located at APN 031-152-003 regardless of owner. 6. The Final Map shall be drawn in substantial conformance with FM PS 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 harmless FM PS 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 either FM PS,CE set aside one housing unit at the moderate category rate for a period of 30 years and pay in-lieu 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. 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/2 of the units for sale to residents City of Atascadero Resolution No.2004-067 Page 6 of 14 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning BL:Business License Services 7500 Navajoa Ave. GP:Grading Permit BS:Building PD-7 Master Plan of Development BP:Building Permit Services CUP 2003-0097/ZCH 2003-0047 T TeFinInspection De arrtment TO:Temporary p Occupy PD:Police FO:Final Occupancy Department CE:City Engineer WW:wastewater CA City Attorney 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 reserved;and ■ The City Attorney shall approve the final form of the agreement. 10. Frontage improvements shall be constructed to City standard. No sidewalks shall be required along he Santa Ynez frontage. Fire Marshal 11. The location of all existing and proposed fire hydrants shall FM CE be shown on subsequent building permit applications. 12. 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. 13. Address signage design shall be provided prior to issuance FM CE of any subsequent building permits. City Engineer Project Conditions 14. Gravity mains and other sewer facilities within the BP PW subdivision shall be privately owned and maintained. 15. Prior to recording the final map, provisions for the repair and FM PW maintenance of the private sewer shall be included in the CC&R's for this tract. Included shall be a mechanism to maintain the private sewer, such as a homeowners association. The City Engineer and City Attorney shall approve the final form prior to recordation. 16. Applicant shall pay sewer Extension (Annexation), BP PVI► Connection and Reimbursement fees (if applicable) upon issuance of building permit. 17. Drainage piping serving fixtures which have flood level rims BP PW located below the elevation of the next upstream manhole cover of the public or private sewer serving such drainage City of Atascadero Resolution No.2004-067 Page 7 of 14 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning 7500 Nava Oa Ave. BL:Business License Services GP:Grading Perrnit BSc Building PD-7 Master Plan of Development BP:Building Permit Services CUP 2003-00972CH 2003-0047 FI:Final Inspection F :Fire TO:Temporary Department Occupancy PD:Police FO:Final Occupancy Department CE:City Engineer WW:Wastewater CA City Attorney 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. 18. Each building shall be separately and independently BP PW connected with the public sewer. 19. The applicant shall address stormwater detention to the BP/GP/FM PW satisfaction of the City Engineer,prior to grading and drainage approval,or approval of the final map. 20. Existing drainage patterns from adjacent properties shall BP PW not be obstructed. 21. All drainage from improvements shall cross property lines FM PW within drainage easements. 22. Private utility easements will be required for sewer laterals FM PW that cross private property lines. City Engineer Standard Conditions 23. All public improvements shall be constructed in conformance BP PW with the City of Atascadero Engineering Department Standard Specifications and Drawings and/or as directed by the City Engineer. 24. In the event that the applicant is allowed to bond for the public FM PW improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 25. An engineer's estimate of probable cost shall be submitted for FM PW review and approval by the City Engineer to determine the amount of the bond. 26. The Subdivision Improvement Agreement shall record FM PW concurrently with the Final Map. 27. An encroachment permit shall be obtained prior to the BP PW issuance of building permit. 28. The applicant shall be responsible for the relocation and/or SP PVN alteration of existing utilities. 29. The applicant shall install all new utilities(water,gas, electric, SP PW cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 30. The applicant shall monument all property corners for FM PW construction control and shall promptly replace them if City of Atascadero Resolution No.2004-067 Page 8 of 14 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning 7500 Nava oa Ave. GP Business License BS:Bu Building � GP:Gracing Permit n9 PD-7 Master Plan of Development BP:Building Permit Services Fl: Final Inspection FD:Fire CUP 2003-0097/ZCH 2003-0047 TO:Temporary Department Occupancy PD:Police FO:Final Occupancy Department CE:city Engineer WW:Wastewater CA qty Attorney disturbed. 31. The applicant shall acquire title interest in any off-site land FM PW 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. 32. Slope easements shall be provided as needed to FM PW accommodate cut of fill slopes. 33. Drainage easements shall be provided as needed to FM PW accommodate both public and private drainage facilities. 34. A preliminary subdivision guarantee shall be submitted for FM PW review in conjunction with the processing of the parcel map. 35. All existing and proposed utility,pipeline,open space,or other FM PW 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. 36. The final map shall be signed by the City Engineer prior to the FM PW map being placed on the agenda for City Council acceptance. 37. Prior to recording the parcel map,the applicant shall submit a FM PW 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 Citys Subdivision Ordinance. 38. Prior to recording the parcel map, the applicant shall set FM PW monuments at all new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the parcel map,that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 39. Prior to recording the parcel map, the applicant shall pay all FM PW outstanding plan check/inspection fees. 40. Prior to recording the map, the applicant shall complete all FM PW improvements required by these conditions of approval. 41. Prior to recording the parcel map,the applicant shall have the FM PW map reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter City of Ataseadero Resolution No.2004-067 Page 9 of 14 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning ftficss 7500 Nava oa Ave. BP:Guiness licensemBS. � GP:Gracing Petiint 9 PD-7 Master Plan of Development BP:Building Perrit Services FI: Final Inspection FD:Fire CUP 2003-0097/ZCH 2003-0047 TO:Temporary Department Occupancy PD:Police FO:Final Occupancy Department CE:City Engineer WW:Wastewater CA City Attorney 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. 42. Upon recording the final map, the applicant shall provide the FM PW City with a black line clear Mylar(0.4 mil)copy and a blue line print of the recorded map. 43. Prior to the final inspection of any public improvements, the FM PW 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. 44. Prior to the final inspection, the applicant shall submit a FM PW written certification from a registered civil engineer or land surveyor that all survey monuments have been set as shown on the final map. Atascadero Mutual Water Company 45. Before recordation of the final map,the applicant shall BP BS submit plans to AMWC for the water distribution facilities needed to serve the project. AMWC shall review and approve the plans before construction begins on the water system improvements. All new water distribution facilities shall be constructed in conformance with AMWC Standards and Details and the California Waterworks Standards (Code of Regulations Title 22, Division 4,Chapter 16). All cross-connection devices shall conform to AWWA and California Department of Health Services standards. 46. 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. 47. Before issuance of building permits,the applicant shall BP BS obtain a"Will Serve"letter from AMWC for the newly created lots within the subdivision. 48. Separate legal parcels require separate water meters for SP BS domestic water service. Mitigation Measures Mitigation Measure 3.b.1: The project shall be conditioned to comply BP BS 3.1b.1 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 City of Atascadero Resolution No.2004-067 Page 10 of 1 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning 7500 Nava oa Ave. BL:Business license Services GP:Gracing Permit BS:Building PD-7 Master Plan of Development BP:Building Permit Services FI: Final Inspection FD:Fire CUP 2003-0097/ZCH 2003-0047 TO:Temporary Department Occupancy PD:Police FO:Final Occupancy Department CE:City Engineer WW:Wastewater CA:city Attorney 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). 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 ads should City of Atascadero Resolution No.2004-067 Page 11 of 1 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning es 7500 Nava oa Ave. Bu:Business Perch a BSMG, � GP:Grading Permit n9 PD-7 Master Plan of Development BP:Building Permit Services FD:Fire CUP 2003-0097/ZCH 2003-0047 T FO:Temporary Inspection Department T Occupancy PD:Police FO:Final Occupancy Department CE:City Engineer WW:wastewater CA City Attorney 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. 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 identify all GP PS/BS 4.e.1 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 identify tree GP PS/IBS 4.e.2 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 grading work BP PS/BS 4.e.3 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. City of Atascadero Resolution No.2004-067 Page 12 of 14 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning 7500 Nava Oa Ave. BL:Business license Services GP:Grading Permit BS:Building PD-7 Master Plan of Development BP:Building Permit Services FI: Final Inspection FD:Fire CUP 2003-0097/ZCH 2003-0047 TO:Temporary Department 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 certified GP PS/BS 4.e.4 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,2-3' apart with a 24"auger)and the application of moderate amounts of nitrogen fertilizer. The arborist shall advise. • Chia 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.2004-067 Page 13 of 14 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning 7500 Nava oa Ave. GP G Business errnit BS B�in 1 GP:Grading Permit 9 PD-7 Master Plan of Development BP:Building Permit Services CUP 2003-0097/ZCH 2003-0047 Final Inspection TO:Temporary Department T Occupancy PD:Police FO:Final Occupancy Department CE:City Engineer WW:Wastewater CA City Attorney ■ 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 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 6.b.1: The grading permit application plans shall GP BS 6.b.1 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. City of Atascadero Resolution No.2004-067 Page 14 of 14 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program monitoring Measure PS:Planning 7500 Nava'oa Ave. GP Business G�"t se BS:Building � GP:Greying Permit PD-7 Master Plan of Development BP:Building Pemit Services FI: Final Inspection FD:Fire CUP 2003-0097/ZCH 2003-0047 TO:Temporary Department Occupancy PD:Police FO:Final Occupancy Department CE:City Engineer WW:Wastewater CA City Attorney Mitigation Measure 8.e.f.1: The developer is responsible for ensuring GP BS 8.e.f.1 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 comply with GP BS 11.d.1 the City of Atascadero Noise Ordinance for hours of operation. RESOLUTION NO. 2004-068 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, CONFIRMING THE COST OF VEGETATIVE GROWTH/REFUSE ABATEMENT WHEREAS, the Government Code of the State of California, Section 39500, et seq., provides that cities may declare vegetative growth (weeds) and refuse (rubbish) a public nuisance for the purpose of vegetative growth (weeds) and refuse (rubbish) abatement; and WHEREAS, the Atascadero City Fire Department did abate said nuisances within the provision of the Government Code, Section 39500, et seq.; and WHEREAS, the cost of the work of abatement, including a 150% administrative fee, as shown on the Preliminary Special Tax Listing for 2004/2005 Tax Roll and was submitted in accordance with Government Code Section 39574; and WHEREAS, the Council of the City of Atascadero received the cost report and held a hearing to receive objections of any property owners liable to be assessed for the work of abatement. NOW,THEREFORE,BE IT RESOLVED,by the City Council of the City of Atascadero SECTION 1. That the report of abatement cost is confirmed as presented; and SECTION 2. That the costs of abatement constitutes a special assessment against the described parcels and shall be a lien on the property in accordance with Government Code Section 39577; and SECTION 3. That the City Clerk is hereby directed to transmit to the proper officials of the County, a certified copy of the report for filing. City of Atascadero Resolution No.2004-068 Page 2 of 2 On motion by Council Member O'Malley 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: August 24, 2004 CITY OF ATASCADERO By: -r-e�— Dr. George Luna,Mayor ATTEST: C U/Z 1 Marcia McClure Torgerson, C.M.C.,'Pty Clerk APPROVED AS TO FORM: Thomas R. Gibson,Interim City Attorney