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HomeMy WebLinkAboutResolution 2004-072 RESOLUTION NO. 2004-072 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 2003-0099 (MASTER PLAN OF DEVELOPMENT) ON APN 045- 342-003, 045-381-010, 045-381-0079 045-381-0099 045-331-0029 045-331-0049 045-331-0089 045-331-0019 045-342-0059 045-342-0049 045-342-0139 045-342-0019 -342-0089 045-342-0029 045-352-005 (Dove Creek/Bermant Development Company) WHEREAS, an application has been received from Bermant Development Company (5383 Hollister Ave, Suite 150, Santa Barbara, CA 93111) applicant to consider a project consisting of a Zone Change from CR (Commercial Retail) to CR/RMF-10/OS/PD-12 (Commercial Retail/Residential Multi-family-10/Open Space/Planned Development Overlay #12) on a 63.3-acre site located at Santa Barbara Rd and El Camino Real, Atascadero, CA 93422 (APN 045-342-003, 045-381-010, 045-381-007, 045-381-009, 045-331-002, 045-331- 004, 045-331-008, 045-331-001, 045-342-005, 045-342-004, 045-342-013, 045-342-001, 045- 342-008, 045-342-002, 045-352-005); and, WHEREAS, the site's General Plan Designation is (MU)Mixed-Use; and, WHEREAS, the site's current zoning district is CR (Commercial Retail); and, WHEREAS, the Planning Commission has recommended that a site be rezoned to include CR/RMF-10/OS/PD-12 (Commercial Retail/Residential Multi-family-10/Open Space/Planned Development Overlay #12) zoning districts on the project site which requires the adoption of the Dove Creek Master Plan of Development document; 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 Zoning amendments; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on August 17, 2004, and the City Council at a duly noticed Public Hearing held on September 14, 2004, studied and considered the proposed project, after first studying and considering the Proposed 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.2004-072 Page 2 of 21 SECTION 1. Findings for Approval of the Conditional Use Permit. The City Council finds as follows: 1. The proposed project or use is consistent with the General Plan; and, 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) including the PD-12 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. The proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5. The Master Plan of Development document standards or processing requirements is warranted to promote orderly and harmonious development; and 6. 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; and 7. The Master Plan of Development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area; and 8. Benefits derived from the Master Plan of Development and PD-12 overlay zone cannot be reasonably achieved through existing development standards or processing requirements; and 9. The proposed project offers certain redeeming features to compensate for the requested zone change; and 10. All residential units and buildings, as conditioned are of exceptional design quality warranting the granting of a 15% density bonus. SECTION 2. Findings for Approval of Tree Removal. The City Council finds as follows: The trees are obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from the Site Planner and determined by the Community Development Department based on the following factors: ■ Early consultation with the City; ■ Consideration of practical design alternatives; ■ Provision of cost comparisons (from applicant) for practical design alternatives; ■ If saving tree eliminates all reasonable uses of the property; or If saving the tree requires the removal of more desirable trees. City of Atascadero Resolution No.2004-072 Page 3 of 21 SECTION 3. Approval. The Atascadero City Council, in a regular session assembled on September 14, 2004, resolved to approve Conditional Use Permit 2003-0099 (Dove Creek Master Plan of Development) and tree removals subject to the following: EXHIBIT A: Conditions of Approval/Mitigation Monitoring EXHIBIT B: Statistical Project Summary EXHIBIT C: Dove Creek Master Plan of Development EXHIBIT D: Dove Creek Native Tree Inventory/Preservation Plan 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 ABSTAIN: None ADOPTED: September 14, 2004 CITY OF ATASCADERO, CA B y: Dr. George Luna, Mayor ATTEST: UJ�—�t Marcia McClure Torgerson, C.M.C., Y Clerk APPROVED AS TO FORM: Thomas R. Gibson, Interim City Attorney City of Atascadero Resolution No.2004-072 Page 4 of 21 EXHIBIT A-Conditions of Approval/Mitigation Monitoring Program Dove Creek(ZCH 2003-0049,ZCH 2004-0085) Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL:Business BS:Building Services Dove Creek Master Plan License FD:Fire Depadmant GP:Grading Pemdl PD:Police Department PD-12 BP:Building Pemd CE:City Engineer Fl:Final lnspo*n VM Wastewater ZCH 2003-0049/ZCH 2004-0085/CUP 2003-0099 TO:Temporary CA CityAttomey Occupancy F0:Final Occupancy Planning Services 1. The approval of this zone change shall become final and effective On-going PS 30-days following City Council approval. 2. Precise design standards and guidelines for the development of land On-going PS are contained within the Dove Creek Master Plan of Development and supersede the City's existing zoning code,public works standards,and other regulations,with Conditions of Approval as listed. Where this plan is silent,city codes effective upon the date of adoption of the Master Plan of Development shall apply. 3. Approval of this Master Plan shall be valid concurrently with the life On-going PS of Tentative Tract Map 2003-0033 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,dated 7/09/04,as conditioned. 4. Any subsequent condition of approval amending the Master Plan of On-going PS Development or Appendix shall be incorporated into the final Master Plan of Development document. 5. The Dove Creek Master Plan of Development and Appendix On-going PS documents(EXHIBITS C),and the Dove Creek Native Tree Inventory shall be adopted by resolution. Changes to the Master Plan shall be approved by the City Council without requiring second readings and codification of the Master Plan Document. 6. The Community Development Department shall have the authority to On-going PS,CE 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. The City Council shall have the final authority to approve any other changes to the Master Plan and any associated Tentative Maps. 7. All subsequent Tentative Tract Map and construction permits shall GP,BP PS,CE be consistent with the Master Plan of Development contained herein. 8. The existing billboard along U.S.Highway 101 frontage shall be FM PS removed prior to recordation of the final map. City of Atascadero Resolution No.2004-072 Page 5 of 21 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program (Monitoring Measure PS:Planning Services BL Business BS:Building Services Dove Creek Master Plan License FD:Fre Depadment GP:Grading Permit PD:Poke Department PD-12 BP Building Permit CE:Cily Engineer FI:Final Inspecton WW:Wastewater ZCH 2003-0049/ZCH 2004-0085/CUP 2003-0099 TO:Temporary CACllyAttmey Oooupanoy F0:Final Occupancy 9. Street names shall be determined prior to the recordation of the final FM PS map.All street names shall be reviewed and approved by the Community Development Department,Fire Department,and Police Department. FM/On PS 10. Prior to map recordation,the applicant shall deposit$400,000 to the going City to be placed in an interest bearing account. If a building permit for a minimum of 45,000 square feet has not been issued by July 1, 2006,the City shall withdraw$40,000 from the account. If,in each successive year on July 1,2007 through July 1,2015,a building permit has not been issued for a minimum of 45,000 square feet,the City shall withdraw$40,000. At such time that the building permit is issued for a minimum of 45,000 square feet,the remaining balance shall be refunded to the applicant. If a building permit has not been issued for a minimum of 45,000 square feet by July 1,2016,the applicant shall convey the commercial site to the City. A memorandum of option or deed of trust shall be recorded concurrent with map recordation that assures the City that it can acquire the commercial site,subject to review and approval by the Community Development Department and City Attorney. 11. Vehicle bridge design shall incorporate pedestrian sidewalk and BP PS exterior architectural design appearance and materials,including side railing,compatible with the neighborhood design theme,subject to staff approval. 12. Final fencing locations shall be determined prior to the issuance of BP PS building permits,subject to staff approval,and subject to the following modifications: ■ Masonry walls shall be provided where private yard enclosure is adjacent to H, I,or A streets,and where rear yards are adjacent to the alley way located off of P Street,subject to staff approval. ■ Low split rail fencing shall be provided between Village D pocket park and Lot 34. • Rear yard fencing shall be 4-foot high adjacent to the pedestrian path connecting C Street to the nature pathway system. IN All masonry walls throughout the project shall be of a dark earth toned color,subject to staff approval. 13. Pedestrian creek crossing bridge design shall incorporate an exterior BP PS architectural design appearance and materials compatible with the neighborhood design theme,subject to staff approval. City of Atascadero Resolution No.2004-072 Page 6 of 21 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL:Business BS:Building Services Dove Creek Master Plan License FD:Fre Deparh od GP:Grading Permit PD:Police Department PD-12 BP:Building Permit CE:Cky Engineer FI:Finallnspeation WW:Wastewater ZCH 2003-0049/ZCH 2004-0085/CUP 2003-0099 TO:Temporary CA,cllywtomey Oocw)arwy F0:Final Occupancy 14. Where parkways are proposed,sidewalks shall be a minimum of 4- BP PS feet in width with 6-foot minimum parkways. 15. A multi-trunk Live Oak tree,72"box size minimum,shall be installed BP PS in the main entrance traffic circle. 16. Street lighting shall be limited to 16-foot high maximum decorative BP PS poles lamps consistent in design features to the traditional village theme of the project.Pole lighting shall be limited to street intersections and pocket park locations.All other lighting shall be limited to pedestrian pathways and shall be low decorative bollard lamps,consistent with the projects traditional village design theme. 17. Pedestrian access shall be provided from Street F to the proposed BP PS packet park. 18. The sidewalk at the north west quadrant of the round-about shall BP PS provide access to the creekside pedestrian pathway. 19. The pedestrian sidewalk adjacent to Street C shall provide clear BP PS dedicated pedestrian access to the pavered fire access portion of the Street. 20. Eliminate on-street parking along P and Q Streets and add a BP PS parkway and detached sidewalk. 21. All site development shall be consistent with the maximum intensities BP PS described in the statistical project summary as shown in EXHIBIT B. 22. All site work,grading and site improvements shall be consistent with BP PS the Master Plan of Development and as shown in the site amenities plan(EXHIBIT C)and tentative tract map. 23. A final landscape,irrigation plan,and native tree replacement plan BP PS shall be approved as part of the subdivision tract site improvement plan consistent with the site amenities plan(EXHIBIT C sheets L2.0- L2.3,L3.0,L3.1,L4.0). All front yard landscaping shall be installed prior to occupancy of the units. Typical landscape and irrigation plans shall be approved prior to building permits,including the following: • All trash and recycling bins,exterior meters,air conditioning units, and mechanical equipment shall be screened with landscape material. ■ All on-site street frontages(except SFR-3 street),and common open space areas shall be landscaped by the developer; City of Atascadero Resolution No.2004-072 Page 7 of 21 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL:Business BS:Building Services Dove Creek Master Plan. License FD:Fre Deparhnent GP:Grading Permit PD:Police Departrnent PD-12 BP:Building Permit CE:City Engineer FI:Final Inspection WW:Wastewater ZCH 2003-0049/ZCH 20040085/CUP 2003-0099 TO:Tenporary CA City Attorney Occwary F0:Final Occupancy ■ Street,yard and ornamental(non-native)hillside trees shall be minimum 15-gallon size and double staked. ■ Shade trees shall be provided along all street frontages and shall be installed prior to occupancy of the units. 24. The project shall deed restrict either 10%of the base density units as FM PS,CE Very-Low income units or 20% of the base density units as Low- Income units in accordance with State Density Bonus requirements. Affordable residential units shall be reserved as deed restricted affordable units for a 30-year period in accordance with State requirements and as consistent with City Council Policy, prior to or concurrently with the final map. 25. Workforce Housing FM PS Prior to recordation of final map, the applicant shall enter into a legal agreement with the City to reserve 1/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 reserved;and The City Attorney shall approve the final form of the agreement. 26. The emergency services and facility maintenance costs listed below FM PS,CE shall be 100%funded by the project in perpetuity. The service and maintenance costs shall be funded through a community facilities district established by the City at the developer's cost. The funding mechanism must be in place prior to or concurrently with acceptance of the final maps. The funding mechanism shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any final map. The administration of the above mentioned funds shall be by the City. Developer agrees to participate in the community facilities district and to take all steps reasonably required by the City with regard to the establishment of the district and assessment of the property. a) All Atascadero Police Department service costs to the project. b) All Atascadero Fire Department service costs to the project. c Off-site common City of Atascadero park facilities maintenance City of Atascadero Resolution No.2004-072 Page 8 of 21 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL Business BS:Building Services Dove Creek Master Plan License FD:Fire Dgmnment GP:Grading Peard PD:Poke r PD-12 BP:Building Pend CE:CEngineer�m FI:Final Iris*ftn WW:Wastewater ZCH 2003-0049/ZCH 2004-0085/CUP 2003-0099 TO:Tenporary CACity Momey Occupancy FO:Final Occupancy service costs related to the project. 27. All tract maintenance cost listed below shall be 100%funded by the FM PS,CE project in perpetuity. The service and maintenance cost shall be funded through a Home Owners Association established by the developer subject to City approval. The Home Owners Association must be in place prior to,or concurrently with acceptance of the any final maps. The Home Owners Association shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any final map. The administration of the above mentioned funds and the coordination and performance of maintenance activities shall be the responsibility of the Home Owners Association. a) All streets, bridges, sidewalks, streetlights, street signs, roads, emergency access roads, emergency access gates, and sewer mains within the project. b) All parks,trails, recreational facilities and like facilities. c) All open space and native tree preservation areas. d) All drainage facilities and detention basins. e) All creeks, flood plains, floodways, wetlands, and riparian habitat areas. f) All common landscaping areas, street trees, medians, parkway planters, manufactured slopes outside private yards, and other similar facilities. g) All frontage landscaping along arterial streets and US 101 freeway. 28. The project applicant may apply for capital facility fee credits for Master Facilities Plan projects ST-04, ST-06 and ST-19. Credits may only be applied to individual building permits at time of issuance up to the maximum Circulation System fee for each permit per schedule 5.3. The amount of credit will be determined based on the percentage of each facility constructed and the actual construction cost receipts subject to the review and approval of the City Engineer and Administrative Services Director. Credit for street construction will limited to facilities and improvements starting at the lip of gutter. 29. Retaining wall design&material shall match or compliment the BP PS texture and color of the existing or proposed landscape. 30. All mitigation Measures listed in the certified Mitigated Negative BP PS Declaration shall be implemented and adhered to. City of Atascadero Resolution No.2004-072 Page 9 of 21 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL:Business BS:Building Services Dove Creek Master Plan License FD:Fire Department GP:Grading Permit PD:Ponce Department PD-12 BP:Binding Permit CE:City Engineer FI:Final Inspection WW:Wastewater ZCH 2003-0049/ZCH 2004-0085/CUP 2003-0099 TO:Temporary CACiaAftomey Ccapamy FD:Final Occupancy 31. The applicant shall be responsible for the installation and BP PS maintenance of screen landscaping along the highway 101 frontage and within the Cal Trans right-of-way as shown in EXHIBIT C, subject to staff and agency approval. 32. Prior to occupancy of residential unit#1,all rough site grading, BP PS frontage improvements and utility connections shall be completed for the commercial site Trees 33. All preservation measures outlined in the Native Tree Inventory BP PS prepared for the project shall be implemented.Any changes to the measures recommended by the study shall be subject to staff approval and will require review by the project arborist. 34. The list of proposed landscape materials shall be revised as follows: BP PS ■ The canary island pine shall be deleted from the listing.Coastal redwoods shall be listed instead. ■ The southern live oak shall be eliminated from the listing. ■ The carrotwood shall be eliminated from the listing. 35. The project shall comply with the City of Atascadero native Tree BP PS Ordinance with payment into the native tree fund and/or replanting or any combination thereof credited per the native tree ordinance. The fund payment and number of trees planted may vary but shall be compliant with the Native Tree Ordinance. 36. A tree protection plan,prepared by a licensed arborist shall be BP PS submitted and approved by staff prior to the issuance of any permit, to include the following: ■ Tree protection fencing shall be constructed of welded wire mesh on metal"Y'posts. ■ The project arborist shall be on-site for any work within the driplines of existing native trees. Commercial 37. The front facades of buildings A,C,D,E,and F shall undulate to BP PS create a variety of pedestrian spaces. 38. Trellis features shall be constructed of heavy timber materials and BP PS shall be painted or stained a natural wood tone color. City of Atascadero Resolution No.2004-072 Page 10 of 21 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL:Business BS:Building Servbes Dove Creek Master Plan License FD:Flre Department GP:Grading Permit PD:Poke Department PD-12 BP:Building Permit CE:City Engineer Fl:Final Inspection WW:Wastewater ZCH 2003-0049/ZCH 2004-0085/CUP 2003-0099 TO:Temporary CA Cily Attorney Occupancy F0:Final Occuparq 39. Trellis features shall be added to elevations#7, 15,and 18. BP PS 40. The applicant shall work with staff on selection of building colors that BP PS provide a variety of earth-tone color and texture with accent colors that blend with the natural surroundings and provide a high quality residential neighborhood appearance,consistent with the intent of the Master Plan development standards for the proposed conceptual commercial center,selections subject to staff approval. 41. Stucco arch features shall be replaced by wood sided tower BP PS elements consistent with Elevation#12. 42. Columns shall be consistent throughout the commercial center and BP PS shall be constructed with the double wood columns shown on elevation#12. 43. The conceptual commercial fagade design shall incorporate the BP PS following,consistent with the traditional village theme: ■ Windows,false or real,shall be incorporated into Elevations#1,4,5, 6,7, 10, 13, 17,and 20,subject to staff approval. ■ Dormers shall be added to elevations#3,4,6,7,and 17. ■ All storefront windows shall extend below the trim band. ■ Entrances to corner shops shall be added to elevation#9 and#13 to provide access off of the pedestrian plaza. ■ Wood siding shall be added to the tower elements on elevations#5, 7,8, 17,and 18 ■ Elevation#10 shall incorporate tower feature shown on elevation #16. 44. All materials shall be consistent with the conceptual architectural BP PS elevations shown in EXHIBIT C. Residential 45. The Americana fagade theme shall consist of architectural grade BP PS stucco exterior finish with contrasting trim(material and/or texture), subject to staff approval. 46. The applicant shall work with staff on selection of building colors that BP PS provide a variety of earth-tone color and texture with accent colors that blend with the natural surroundings and provide a high quality residential neighborhood appearance,consistent with the intent of the Master Plan development standards for all residential areas, selections subject to staff approval. City of Atascadero Resolution No.2004-072 Page 11 of 21 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL:Business BS:Building Services Dove Creek Master Plan License FD:FreDepadment GP:Grading Permit PD:Poke Department PD-12 BP:Building Permit CE:City Engineer FI:Final Inspectbn WW:Wastewater ZCH 2003-0049/ZCH 2004-0085/CUP 2003-0099 TO:Temporary CACity Atromey Oocuipancy F0:Final Occupancy 47. The developer shall install all front yard landscaping and common BP PS area landscaping,prior to occupancy of the units. 48. All streets not providing sidewalks shall be considered courts and BP PS shall incorporate special paving,subject to staff approval. 49. A decorative masonry base shall be added to the front and side BP PS facades of the Americana design theme homes.Side treatment shall wrap at a minimum up to where private yard fencing is located. Single Family Residential 50. All corner yard setbacks shall be a minimum of 12-feet from the edge BP PS of right-of-way. 51. Corner lots shall incorporate equivalent architectural detailing along BP PS the street facing side elevation to include wrapped porches where feasible,subject to staff approval. Courtyard Homes 52. Adequate space shall be maintained between the head of the guest BP PS parking spaces and private yard fencing to accommodate a medium shade tree. 53. High windows shall be incorporated onto side elevations for all zero BP PS lot line units. 54. The homeowners association shall maintain the landscaped area at BP PS the terminus of the shared driveway,unless otherwise approved by the Planning Director or City Engineer. 55. All courtyard homes shall incorporate architectural concrete tile BP PS roofing. No composition shingle roofing shall be permitted. Townhomes 56. Townhome unit A at the comer of J Street and H Street shall be BP PS revised to take access off of J Street. 57. All two-car garage doors shall have an architectural design that BP PS appears as paired single-car garage doors,subject to staff approval. 58. Columns shall be double wood columns with a brick veneer base BP PS consistent with the proposed design theme and subject to staff approval. 59. All townhomes shall incorporate architectural concrete tile roofing. BP PS City of Atascadero Resolution No.2004-072 Page 12 of 21 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL:Buaness BS:Building Services Dove Creek Master Plan License FD:Fire Department GP:Grading Permit PD:Police Department PD-12 BP:Building Pemt CE:City Engineer FI:Fnallnspectnn WW:Wastewater ZCH 2003-0049/ZCH 2004-0085/CUP 2003-0099 TO:Temporary CA,Ckyalomey Occupancy FO:Final Occupancy No composition shingle roofing shall be permitted. Fire Marshal 60. Minimum fire flow required for proposed development that includes SP BS commercial property building footprints of 25,000 square feet,single story will be approximately 2250 GPM for 2 hours. 61. All buildings 5000 square feet or greater require automatic fire BP BS sprinklers-Design of such systems to be either NFPA 13 for commercial or NFPA 13D for residential. 62. Fire hydrant spacing not to exceed 500 feet. BP BS 63. Fire apparatus access roads and water supplies (fire hydrants) for BP BS fire protection is required to be installed and made serviceable prior to and during the time of construction. 64. All access roadways in a Planned Unit Development(PUD)shall be BP BS built/installed according to California Fire Code 2001 Section 902.1, Appendix III-D. 65. Roadways shall extend to within 150 of all portions of exterior walls BP BS of the first story of any building. 66. Assure all roads built with adequate turning radius of at least 28 feet BP BS inside,48 feet outside. 67. Portable fire extinguishers required on exterior and centrally located BP BS per 75 feet walking distance for all multifamily units. 68. Knox security system for emergency fire dept. entry required for all BP BS commercial construction City Engineer Project Conditions Drainage 69. Provide for the detention of up to the 100 year developed storm GP,BP CE runoff while metering out the historic release rate of the comparable undeveloped storm. No increase in down stream flow rate, up to a 100-year event,will be allowed, unless a full analysis of downstream drainage impacts is completed and approved from the project boundary to the Salinas River and downstream improvements are constructed to mitigate any downstream impacts to properties. 70. Submit calculations to support the design and construction of any GP,BP CE structures or pipes. Closed conduits shall be designed to convey the 10-year flow with gravity flow;the 25-year flow with head, and provide safe conveyance for the 100-year overflow. City of Atascadero Resolution No.2004-072 Page 13 of 21 71. Drainage basins shall be designed to desilt, detain and meter GP,BP CE storm flows as well as release them to natural runoff locations. 72. Vegetative earth channels and swales will be used to convey GP,BP CE minor concentrations of storm water from developed areas to drain inlets. 73. Drain Inlets will be designed with permeable surface of oil and GP,BP CE water separator/sediment trap to reduce pollutions. The project HOA will be responsible for the cleaning and maintaining these systems. 74. This project proposes to fill in the FEMA 100-year Floodplain. A GP,BP CE 100-year Floodway will be created in the existing 100-year Floodplain. No structures or fill will be placed within the limits of the Floodway.A standard Letter of Map Revision will be submitted and approved by the City and FEMA.The Floodway widths will be created such that the rise of the 100-year floodwater elevation is no more than one foot on the interior of the site and there is no increase at the EI Camino Real culverts. 75. Structures placed outside the 100-year Floodway boundary shall GP,BP CE have finished floor elevations a minimum of one foot above the base flood elevation. 76. Concentrated drainage from off-site areas shall be conveyed GP,BP CE across the project site in drainage easements. Acquire drainage easements where needed. Drainage shall cross lot lines only where a drainage easement has been provided. If drainage easement cannot be obtained the storm water release must follow the exact historic path, rate and velocity as prior to the subdivision. 77. Applicant shall submit Sediment and Erosion Control Plans and a GP,BP CE Storm Water Pollution Prevention Plan (SWPPP). The Regional Water Quality Control Board(RWQCB)shall approve the SWPPP. These plans will follow the design and construction these mitigations per the rules of the City of Atascadero, the RWQCB and measures listed in the project environmental document. 78. Traffic Mitigation: GP,BP CE A Traffic Impact Study was produced for this project by Omni-Means. In the study there are recommended mitigation measures. Listed below are conditions to implement the mitigation measures: A. Santa Barbara Road/EI Camino Real: Install Traffic Signal This is required to be installed prior to the first unit occupied. The construction costs for the signal will be counted as credit toward the Traffic Impact Fee. B. Santa Barbara Road/US 101 Interchange The study found that the following Improvements are required for the interchange. Also list is the percent 'lair Share" that this project is responsible for the improvement. These are to be installed prior to the first unit occupies or the first commercial building opened. These are improvements that are not identified as needed improvements in the City of Atascadero Circulation Element and the Growth Mitigation Program. Therefore, the growth mitigation fee does not cover the improvements.The developer may record a reimbursement agreement against future trip generation facilities to recoup a portion of the cost of City of Atascadero Resolution No.2004-072 Page 14 of 21 construction. • Santa Barbara Road/US 101 SB Ramps: Install Traffic Signal (39.3%) ■ Santa Barbara Road/US 101 NB Ramps: Install Traffic Signal (52.4%) The above two signals shall be interconnected. C. Viejo Camino/EI Camino Real: Install Traffic Signal(33.4%) D. San Diego Way/EI Camino Real: Install Traffic Signal(31.4%) The improvements listed in C. and D. are improvements that are not identified as needed improvements in the City of Atascadero Circulation Element and the Growth Mitigation Program.Therefore,the growth mitigation fee does not cover the improvements. The developer is required to submit engineers estimate for the cost of construction of the improvements.The developer shall pay the percent 'fair Share"of the engineer's estimates. These funds will be placed in an account for the improvements. The developer may pay the amount incrementally with each building permit. E. Santa Barbara Road between EI Camino Real and US 101. Construct two-lane road with left turn channelization, bike lanes and pedestrian sidewalk. F. EI Camino Real between Santa Barbara Road and project north boundary. Construct two southbound and one northbound travel lanes, bike lanes in both directions,median and left turn channelization. All public improvements shall be constructed in conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. Sewer 79. No sewer system currently exists in proposed project area. Should GP,BP CE Dove Creek be the first development to require connection to the new sewer system mainline extension, the developer of the Dove Creek will be responsible for the financing and construction of the mainline from the treatment plant to the Woodland's point of connection. 80. The mainline shall be built with sufficient capacity to GP,BP CE accommodate development within the Plan Area as well as new development in the area and existing uses. 81. Development using the sewer extension, within fifteen (15)years, GP,BP CE shall be responsible for reimbursing the Woodlands developer proportionate to their rate of use. 82. A mechanism must be provided to fund and maintain all sewer GP,BP CE mains throughout the project area. 83. If a lift Station is planned with this project the following will apply: GP,BP CE Lift station shall be equipped with an alarm dialer,programmed to notify qualified maintenance personnel when malfunctions occur. Lift Stations shall be equipped with duplex pumps.Catalog cuts of equipment that will be installed in lift station shall be submitted City of Atascadero Resolution No.2004-072 Page 15 of 21 and approved by the City Engineer. Applicant shall submit a lift station emergency/contingency plan that addresses protection of public health and the environment from sewage spills caused by equipment malfunctions and prolonged power outages. Provisions for the repair and maintenance of the private wastewater pump station shall be included in the CC&R's for this tract. Included shall be a mechanism to maintain the private wastewater pump station,such as a homeowners association. The City Engineer and City Attorney shall approve the final form prior to recordation. General 84. Prior to final map recordation, the applicant shall provide a GP,BP CE detailed cost analysis and breakdown of all maintenance required and the amount to be billed to each property annually. The analysis shall include scheduled maintenance including slurry seals, overlays, etc. The analysis shall include administrative fees. 85. Prior to final map recordation, a Homeowner's Association shall GP,BP CE be created and CC&R's recorded providing for the funding and performance of required maintenance, including streets, wastewater pump station and sewer, drainage basins, parks, swales and structures. 86. The applicant shall enter a Subdivision Improvement Agreement GP,BP CE with the City of Atascadero prior to recording the final map. 87. A permanent irrevocable offer of dedication shall be maintained FM CE on the 1.01-acre parcel (Lot 53) at the intersection of Santa Barbara Rd and Highway 101. City Engineer Standard Conditions 88. In the event that the applicant is allowed to bond for the public GP,BP CE improvements required as a condition of this map,the applicant shall enter into a Subdivision Improvement Agreement with the City Council 89. An engineer's estimate of probable cost shall be submitted for GP,BP CE review and approval by the City Engineer to determine the amount of the bond. 90. The Subdivision Improvement Agreement shall record GP,BP CE concurrently with the Final Map. 91. The applicant shall enter into a Plan Check/Inspection agreement GP,BP CE with the City. 92. A six(6)foot Public Utility Easement(PUE)shall be provided GP,BP CE contiguous to the road property frontage. 93. The applicant shall acquire title interest in any off-site land that GP,BP CE 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 b City of Atascadero Resolution No.2004-072 Page 16 of 21 these improvements. 94. Slope easements shall be obtained by the applicant as needed to GP,BP CE accommodate cut or fill slopes. 95. Drainage easements shall be obtained by the applicant as needed GP,BP CE to accommodate both public and private drainage facilities. 96. A preliminary subdivision guarantee shall be submitted for review GP, BP CE in conjunction with the processing of the parcel map. 97. The final map shall be signed by the City Engineer prior to the map being placed on the agenda for City Council acceptance. 98. Prior to recording the parcel map,the applicant shall pay all GP,BP CE outstanding plan check/inspection fees. 99. Prior to recording the map,the applicant shall complete all GP, BP CE improvements required by these conditions of approval. 100.Prior to recording the parcel map,the applicant shall set GP,BP CE 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. 101.Prior to recording the parcel map,the applicant shall submit a GP, BP CE 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. 102.All existing and proposed utility,pipeline,open space,or other GP,BP CE easements are to be shown on the final/parcel map. If there are building or other restrictions related to the easements,they shall be noted on the final/parcel map. The applicant shall show all access restrictions on the final/parcel map. 103.Prior to recording the parcel map,the applicant shall have the GP,BP CE 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. 104.Prior to the issuance of building permits the applicant shall submit GP,BP CE plans and supporting calculations/reports including street improvements,underground utilities,composite utilities,and grading/drainage plans prepared by a registered civil engineer for review and approval by the City Engineer. Atascadero Mutual Water Company 105.13efore recordation of the final map, the applicant shall submit AMWC 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 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). City of Atascadero Resolution No.2004-072 Page 17 of 21 All cross-connection devices shall conform to AWWA and California Department of Health Services standards. 106.Before the start of construction on the water system AMWC 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. 107.Before issuance of building permits, the applicant shall obtain a AMWC "Will Serve"letter from AMWC for the newly created lots within the subdivision. 108.The water mains required to serve the project shall be laid out in a AMWC grid or looped pattern and shall connect to the existing water mains system in Santa Barbara Road, EI Camino Real, and San Diego Road. 109.The applicant shall design and construct a replacement for the AMWC existing 4-inch diameter water main in San Diego Road. The replacement main shall be 6-inch diameter. The replacement main shall extend from the terminus of the existing 6-inch main in San Diego Road north of the project boundary and the point-of- connection of the water main extension required for the project. 110.The applicant shall provide AMWC with easements for those AMWC 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. 111.The applicant shall submit a hydraulic analysis with the first plan AMWC check submittal of the water system improvements for the project. The analysis should take into account the fire flows required by the Uniform Fire Code and requirements of the California Waterworks Standards. The applicant is responsible for designing and constructing water system improvements that will provide water at pressures and flows adequate for the domestic and fire protection needs of the project. 112.The applicant shall obtain a separate landscape-irrigation meter(s) AMWC from AMWC for the common areas within the project. 113.Landscaping for the common areas shall be drought-tolerant. AMWC Before construction of the water system improvements, AMWC shall review and approve the landscape plans for the common areas within the project. The landscape plan submittal shall incorporate the following: ■ Plant list w/Water Use Classification of Landscape Species (WUCOLS) rating specified. Preference shall be given to plants with very low(VL)and low(L)WUCOLS ratings. ■ Justification for use of plants with WUCOLS rating of M or greater. ■ Total landscaped area including hardscapes(patios,walks& decks)and planted areas and excluding sidewalks,driveways, streets or parking. • The size and shape of turf areas shall promote for efficient irrigation shall be no less than 8-feet wide. Turf type shall be warm-season grasses. Turf areas shall be kept to a minimum and shall be limited to functional areas only. A goal of the landscape design should be a total turf area of no more than 10%of the total landscaped area. City of Atascadero Resolution No.2004-072 Page 18 of 21 114.Before construction of the water system improvements, AMWC AMWC shall review and approve the irrigation plans for the common areas within the project. The irrigation plan submittal shall include the following: ■ Landscape irrigation meter location and size. • Backflow prevention device type,location,and manufacturer ■ Flow and precipitation rate for each circuit ■ Irrigation schedules including schedules for establishment period and post establishment period ■ Total anticipated water application per circuit per month for both schedules ■ Total landscape water application. ■ Use drip irrigation where ever possible ■ A check valve shall be installed on the lowest head in each sprinkler circuit City of Ataseadero Resolution No.2004-072 Page 19 of 21 EXHIBIT B:Statistical Project Summary A Townhomes 66 7.9 12.6 B Townhomes 32 4.3 6.9 C Courtyard Homes 1 48 5.8 9.3 D Single-Family Homes 45 9.1 14.4 D Courtyard Homes 49 6.7 10.6 E Townhomes 39 3.9 6.2 Village Center Neighborhood Commercial 1 6 1 9.5 Natural Open Space Creeks and Natural Areas 19.6 31 Total 63.3 100 City of Atascadero Resolution No.2004-072 Page 20 of 21 EXHIBIT C:Dove Creek Master Plan of Development See attached document prepared by RRM Design Group dated July 9, 2004 (The Villages at Dove Creek: Master Plan of Development) City of Atascadero Resolution No.2004-072 Page 21 of 21 EXHIBIT D:Dove Creek Native Tree Inventory/Preservation Plan See attached document prepared by Althouse and Meade, Inc dated August 2004 (Native tree Inventory: Dove Creek Mixed Use Development)