HomeMy WebLinkAboutResolution 2004-085 RESOLUTION NO. 2004-085
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING
CONDITIONAL USE PERMIT 2003-0117 (MASTER PLAN OF
DEVELOPEMNT) ON APN 030-491-0139 0159 018
(9105 Principal Avenue/WestPac Investments)
WHEREAS, an application has been received from WestPac Investments (805 Aerovista
Place, Suite 202, San Luis Obispo, CA 93401) Applicant and Donald Messer,Thomas and Janice
McNamara, William McNamara, (P.O. Box 1958, Atascadero, CA 93423), Property Owners, to
consider a project consisting of a General Plan Amendment from GC (General Commercial) to
GC/MDR (General commercial/Medium Density Residential) and Zone Change from CR
(Commercial Retail) to CR/RMF-10/PD-24 (Commercial Retail/Residential Multi-Family-10
with Planned Development Overlay #24) with corresponding Master Plan of Development and
Vesting Tentative Tract Map on a 5.52-acre site located at 9105 Principal Avenue (APN 030-
491-013, 015, 018, 001); and,
WHEREAS, the Planning Commission has recommended that the site's General Plan
Designation be changed from GC (General Commercial) to GC/MDR (General
Commercial/Medium-Density Residential); and,
WHEREAS, the Planning Commission has recommended that the site's Zoning District
be changed from CR (Commercial Retail) to CR/RMF-10/PD-24 (Commercial Retail/Residential
Multi-Family-IO/Planned Development Overlay#24); and,
WHEREAS, the PD-24 requires the adoption of a Master Plan of Development,
approved in the form of a Conditional Use Permit; and,
WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2004-0024 were
prepared for the project and made available for public review in accordance with the
requirements of the California Environmental Quality Act (CEQA); 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 September 21, 2004, studied and considered the Conditional Use Permit
2003-0117 (Master Plan of Development), after first studying and considering the Proposed
Mitigated Negative Declaration prepared for the project, and,
City of Atascadero
Resolution No.2004-085
Page 2 of 31
WHEREAS,the City Council of the City of Atascadero, at a duly noticed Public Hearing
held on October 12, 2004, studied and considered the Conditional Use Permit 2003-0117 (Master
Plan of Development), after first studying and considering the Proposed Mitigated Negative
Declaration prepared for the project, and,
NOW, THEREFORE, the City Council of the City of Atascadero takes the following
actions:
SECTION 1. Findings for Approval of Conditional Use Permit. The Planning
Commission 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 provisions of the PD-24 Overlay Zone; 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 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. 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
7. Benefits derived from the Master Plan of Development and PD-24 overlay zone
cannot be reasonably achieved through existing development standards or processing
requirements; and,
8. The 8 foot high buffer wall will not result in negative effects to adjacent proposed
residences and will provide benefits to the residential uses as a visual barrier from
adjacent commercial uses.
SECTION 2. Findings for Approval of Tree Removal. The City Council finds as
follows:
1. 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:
City of Atascadero
Resolution No.2004-085
Page 3 of 31
■ 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.
SECTION 3. Approval. The City Council of the City of Atascadero, in a regular
session assembled on October 12, 2004, resolved to recommend approve Conditional Use Permit
2003-0117 (Master Plan of Development) and Tree Removal Permit subject to the following:
1. EXH031T A: Conditions of approval/Mitigation Monitoring Program
2. EXHIBIT B: Master Plan of Development
3. EXHIBIT C: Landscape Plan
4. EXHIBIT D: Commercial Elevations and Floor Plans
5. EXHIBIT E: Duplex Elevations and Floor Plan
6. EXHIBIT F: Triplex Elevations and Floor Plan
7. EXHIBIT G: Grading,Drainage, and Utility Plan
8. EXHIBIT H: Tot Lot/Common Recreation Area
9. EXHIBIT I: Color and Materials
10. EXHIBIT J: Tree Protection Plan
City of Atascadero
Resolution No.2004-085
Page 4 of 31
On motion by Council Member Scalise and seconded by Council Member O'Malley, the
foregoing Resolution is hereby adopted in its entirety on the following roll call vote:
AYES: Council Members Clay, O'Malley and Scalise
NOES: Council Memer Pacas and Mayor Luna
ABSENT: None
ADOPTED: October 12, 2004
CITY ATASCA RO
By:
r. Geor e 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.2004-085
Page 5 of 31
EXHIBIT A:Conditions of Approval/Mitigation Monitoring Program
PD-24 Master Plan of Development(CUP 2003-0117)/GPA 2003-00082CH 2003-0070/ZCH 20040083
Conditions of Approval/ Timing Responsibility Mitigation
Mitigation Monitoring Program /Monitoring Measure
PS:Planning Services
BL:Business BS:Building Services
Principal Avenue Mixed-Use License FD:Fire lepartmant
GP:Grading Perm t PD:Police DeWnrierd
PD-24 Master Plan of Development BP:BuildiigPemd CE:CilyEngineer
Fl:Finallnspection WW:Wastewater
T0:Temporary CA Cily Momey
OCcupancy
F0:Final Occupancy
Planning Services
1. The approval of this zone change and use permit shall become final and FM PS
effective following City Council approval.
2. The approval of this use permit shall become final and effective for the FM PS
purposes of issuing building permits thirty(30)days following the City
Council approval of ZCH 2003-0070 and ZCH 2004-0083 upon second
reading,unless prior to that time,an appeal to the decision is filed as set
forth in Section 9-1.111(b)of the Zoning Ordinance.
3. The Community Development Department shall have the authority to BP/FM PS,CE
approve the following minor changes to the project that(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 authority to approve any other
changes to the Master Plan of Development and any associated
Tentative Maps unless appealed to the City Council
Staff shall have the authority to approve substitutions of duplex and
triplex residential buildings in order to eliminate second floor window
views into adjacent Pino Solo properties.
4. Approval of this Conditional Use Permit shall be valid for twenty-four BP/FM PS
(24)months after its effective date. At the end of the period,the
approval shall expire and become null and void unless the project has
received a building permit.
5. The applicant shall defend,indemnify,and hold harmless the City of Ongoing PS
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
6. All subsequent Tentative Map and construction permits shall be BP/FM PS,CE
consistent with the Master Plan of Development contained herein.
7. All exterior elevations,finish materials and colors shall be consistent BP PS
with the Master Plan of Development as shown in EXHIBIT D,E,and F
with the following modifications:
■ All exterior material finishes(siding,trim,doors,windows,light
fixtures,garage doors)shall be durable,high quality,and consistent
with the architectural appearance.
City of Atascadero
Resolution No.2004-085
Page 6 of 31
Conditions of Approval/ Timing Responsibility Mitigation
Mitigation Monitoring Program /Monitoring Measure
PS:Planning Services
BL:Business BS:Building Services
Principal Avenue Mixed-Use License FD:Fire Depatlment
GP:Grading Permt PD:Police Department
PD-24 Master Plan of Development OR Building Pend CE:City Engineer
FI:Finallnspectlon WW:Wastewater
TO:Temporary CA City Atloney
Occupancy
FO:Final Occupancy
■ Side and rear residential elevations shall match the color,
architectural detail,materials,window and door detail,roof eaves,
trellis elements,balconettes,iron accents,and shutter accent
elements of the proposed front elevations,as conditioned.
■ Decorative iron accents as shown on the proposed elevations shall
be of architectural quality.
■ Residential garages shall incorporate side windows when facing the
shared accessway or common areas,subject to staff approval.
■ All trash storage,recycle storage,and air conditioning units shall be
screened from view behind architecturally compatible or landscaped
enclosures;
■ The garage door styles and materials shall be architectural grade.
■ Any proposed exterior street,pedestrian,or building mounted light
fixtures shall be of architectural grade and design and shall be
compliment the architectural style,subject to staff approval.
■ Stucco siding shall be smooth troweled or similar. No machine
finishes will be permitted.
■ Tile roofs shall be architectural grade with high definition shingles.
■ Second floor windows facing toward adjacent Pino Solo(back yard)
properties shall be raised to a height that is not intrusive to the
neighbors,at Staff's discretion.
8. The EI Camino Real commercial building shall be constructed in Phase BP PS,BS
1 consistent with EXHIBIT B and D with the following modifications,
subject to staff approval:
■ The ground floor entrances shall be expanded toward EI Camino
Real to provide a more retail and pedestrian oriented streetscape.
■ The side lobby entrance to the upper floor office uses shall be
accentuated by incorporating a covered entrance and planted trellis
features,consistent with the proposed architectural style.
9. The Principal Avenue building shall be reconfigured to provide a larger BP PS,BS
retail oriented space on the ground floor,with the option of allowing for a
single commercial use tenant.
10. All site work,grading,and site improvements shall be consistent with BP/FM PS,BS,CE
the Master Plan of Development as shown in EXHIBIT B,C,and G.
11. The mixed-use building(25-M)shall be shifted up to 4 feet toward BP PS,BS
Principal Avenue to accommodate drive isle planters consistent with
those shown for the proposed residential buildings.
City of Atascadero
Resolution No.2004-085
Page 7 of 31
Conditions of Approval/ Timing Responsibility Mitigation
Mitigation Monitoring Program /Monitoring Measure
PS:Planning Services
BL:Business BS:Building Services
Principal Avenue Mixed-Use License FD:Fire Departarent
GP:Grading Pemdl PD:Police Departmerd
PD-24 Master Plan of Development BP:Building Permit CE City Engineer
FI:Final Inspection WW:Wastewater
TO:TwWrary CA Cily Momey
OccnWncy
F0:Final Occupancy
12. A final landscape and irrigation plan shall be approved prior to the BP PS,BS
issuance of building permits and included as part of site improvement
plan consistent with EXHIBIT C,and as follows:
■ All exterior meters,air conditioning units and mechanical equipment
shall be screened with landscape material.
■ All areas shown on the landscape plan shall be landscaped by the
developer prior to the final of any single building permit on-site.
■ London Plane street trees shall be provided along EI Camino Real at
a maximum spacing of 30 feet on center.
■ Street and open space trees shall be minimum 15-gallon size and
double staked.
■ Additional 24-inch box size evergreen screen trees shall be
incorporated along the north and eastern edge of the project and
shall be designed to buffer the existing Pino Solo residences.
■ Applicant shall offer to install a buffer tree plantings along the
property line of all contiguous residential properties. The value of
the plantings shall not exceed$1500 per adjacent lot
13. All project fencing shall be installed consistent with EXHIBIT B and C GP/BP PS
subject to the following modifications:
• 4 foot high fencing design shall be modified to be transparent of a
wood or metal picket design.
■ All fences shall be setback a minimum of 2 feet from the edge of
pavement or sidewalk,subject to staff approval.
■ Perimeter screening adjacent to Pino Solo residences shall
incorporated along the north and eastern edge of the project
consisting of an 6 foot tall split-face concrete block privacy wall, as
measured from the adjacent properties,subject to staff approval.
14. Final selection of colors and materials identified in EXHIBIT I shall be GP/BP PS
subject to staff approval.
15. Affordable Housing Requirement: The applicant shall deed restrict a GP/BP PS,CA
minimum of 9 residential units for 30 years,prior to or concurrently with
the final map,as follows:
■ 2 units at the very-low income rate,
3 units at the low-income rate,
■ 4 units at the moderate income rate.
All units shall be distributed throughout the project,subject to staff
City of Atascadero
Resolution No.2004-085
Page 8 of 31
Conditions of Approval/ Timing Responsibility Mitigation
Mitigation Monitoring Program /Monitoring Measure
PS:Planning Services
BL:Business BS:Building Services
Principal Avenue Mixed-Use License FD:FireNpannnent
GP:Grading Permit PD:Police Depedment
PD-24 Master Plan of Development BP:Building Pend CE:City Engineer
FI:Final Inspection WW:Wastewater
T0:Temporary Ck City Attorney
Occupancy
F0:Final Occupancy
approval.
16. Workforce Housing: Prior to recordation of final map,the applicant shall BP PS,CA
enter into a legal agreement with the City to reserve 1/2 of the units for
sale to residents or workers within the City of Atascadero,including the
affordable units. The agreement shall include the following provisions:
■ The units shall be offered for sale to residents or workers within
the City of Atascadero for a minimum of 60-days. During this time
period offers may only be accepted from Atascadero residents or
workers;
■ The applicant shall provide reasonable proof to the City that at
least one of the qualified buyers is a resident or worker within the
City Limits of Atascadero;
• The Atascadero resident or worker restriction shall apply to the
initial sale only;
■ The applicant shall identify which units will be reserved;and
The City Attorney shall approve the final form of the agreement.
17. Any future development signage shall be architecturally compatible with BP PS
the proposed buildings.All future signage shall be subject to the review
and approval of planning staff.No signage shall be placed above the
first floor roofline.No signage shall be permitted facing the proposed
residential uses.
18. An accurate Tree Protection Plan shall be prepared for encroachment GP/BP PS
within the drip line of native trees located on or adjacent to the subject
parcel.The applicant will contract with a certified arborist to monitor all
activity within the drip lines of existing native oak trees.
19. All crossings and culverts that impact the bed and/or bank of the GP/BP PS
drainage must be permitted by the appropriate regulatory agencies:
U.S.Army Corps of Engineers,Regional Water Quality Control Board,
and the California Department of Fish&Game,as appropriate(MM
4.b.1).
20. The emergency services and facility maintenance costs listed below BP PS
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.
City of Atascadero
Resolution No.2004-085
Page 9 of 31
Conditions of Approval/ Timing Responsibility Mitigation
Mitigation Monitoring Program /Monitoring Measure
PS:Planning Services
BL:Business BS:BiAling Services
Principal Avenue Mixed-Use License FD:Fire DepaMsnt
GP:Grading Perm PD:Police Department
PD-24 Master Plan of Development BR BuldN Pernik GECilyEnghm
Fl:Final Inspe*ri WW:Wastewater
TO:Temporary CA Cly Attomey
ftuparq
F0:Final Occupancy
• All Atascadero Police Department service costs to the project.
■ All Atascadero Fire Department service costs to the project.
■ Off-site common City of Atascadero park facilities maintenance
service costs related to the project.
21. All tract maintenance costs listed below shall be 100% funded by the BP PS
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 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 and sidewalks along arterial streets
22. Prior to recordation of final map,the project applicant shall enter into BP PS,BS
an agreement with the City of Atascadero to pay any future
reimbursement fees associated with interim improvements made to
the Santa Rosa/US 101 interchange and frontage roads,as
approved by Caltrans.The amount of reimbursement shall be
determined by a traffic study that demonstrates a nexus for all
parcels included in the reimbursement area.
23. Deed notification shall be applied to each of the new lots,notifying BP PS,BS
homeowners that adjacent residential lots may be used for agricultural
purposes,including keeping of livestock animals,facilities,and
equipment. Deed notification shall also include noise associated with
business activities on adjacent commercial properties.
24. Prior to final map, the applicant shall submit CC&Rs for review and BP PS,BS
approval by the Community Development Department. The CC&R's
City of Atascadero
Resolution No.2004-085
Page 10 of 31
Conditions of Approval/ Timing Responsibility Mitigation
Mitigation Monitoring Program iMonitoring Measure
PS:Planning Services
BL:Business BS:Building Services
Principal Avenue Mixed-Use License FD:Fire Depadment
GP:Grading Pemwl PD:Police Depuftnt
PD-24 Master Plan of Development BP:Building Permit CE:City Engineer
FI:FinallnsWiDn WW:Wastewater
TO:Temporary CA:Cily Ago"
Occuparwy
F0:Final Occupancy
shall record with the Final Map and shall include the following:
a) Provisions for maintenance of all common areas including
access,parking,street trees,fencing and landscaping.
b) A detailed list of each individual homeowner's responsibilities for
maintenance of the individual units.
c) Individual unit's responsibility for keeping all trash receptacles
within the unit's garage.
d) A provision for review and approval by the City Community
Development Department for any changes to the CC&R's that
relate to the above requirements prior to the changes being
recorded or taking effect.
25. Approval of this permit shall include the removal of 5 Native Oak Trees, BP PS,BS
totaling 130 inches dbh. The applicant shall be required to pay
Mitigation fees or provide replantings on-site per the requirements of the
Atascadero Native Tree Ordinance. Any additional removals shall be
subject to Planning Commission approval.
Fire Marshal
26. Fire Sprinklers required to retail/residential section if 5000 sq ft or BP FD,BS
greater
City Engineer Conditions
PROJECT SPECIFIC CONDITIONS
Drainage:
27. Obtain approval by the City Engineer of the grading&drainage plan and BP,GP CE
the storm drain design&facilities.
28. Submit calculations to support the design of any structures or pipes. BP,GP CE
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.
29. Provide for the detention of the 50 year developed storm runoff, while BP,GP CE
metering out the 2 year undeveloped storm runoff.
30. Show the method of dispersal at all pipe outlets. Include specifications BP,GP CE
for size&type.
31. Acquire drainage easements where needed. Drainage shall cross lot BP,GP CE
lines only where a drainage easement has been provided.
City of Atascadero
Resolution No.2004-085
Page 11 of 31
Conditions of Approval/ Timing Responsibility Mitigation
Mitigation Monitoring Program /Monitoring Measure
PS:Planning Services
BL Business BS:Building Services
Principal Avenue Mixed-Use Llcanae FD:Fire Dep Rant
GP:Grading PenTA PD:Poke Department
PD-24 Master Plan of Development BP:Building Pernit CE:CiyEngineer
FI:Final Irsperdbn WW:Wastewater
TO:Temporary CA Ciy Momey
Occuparq
F0:Final Occupancy
32. Concentrated drainage from off-site areas shall be conveyed across the BP,GP CE
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 can not be obtained the storm
water release must follow the exact historic path, rate and velocity as
prior to the subdivision.
Public Improvements and Maintenance:
Gusta Road
33. Gusta Road shall be improved to include a City Standard turn BP,GP CE
around. Curb, Gutter and Sidewalk shall extend to the project
boundary as shown on the Tentative Tract Map, or as approved by
City Engineer.
Principal Avenue
34. Principal Avenue shall be improved to City Standard in conformance BP,GP CE
with the Tentative Tract Map. -
EI Camino Real
35. EI Camino Real shall be improved to include sidewalks and handicap BP,GP CE
ramps. Width of sidewalk shall be approved by the City Engineer,
and shall be in conformance with adjacent properties.
36. Applicant shall underground utilities on EI Camino Real. BP,GP CE
FM CE
37. The applicant must provide for the repair and maintenance of on-site
shared improvements.This includes roads,sidewalks,street trees,
streetlights,private sewer system,drainage facilities,recreation areas
and common landscaping.The two methods that may be used are:
a.Homeowners Association.This private organization would be
responsible for the maintenance,repair and replacement of the facilities.
b.Assessment District and Landscape and Lighting District.Funds for
the maintenance, repair and replacement of the facilities would be
collected on the property tax bill and distributed to the City.
The City Engineer and City Attorney shall approve the final form prior to
recordation.
38. All public improvements shall be constructed in conformance with the BP,GP CE
City of Atascadero Engineering Department Standard Specifications
and Drawings or as directed by the City Engineer.
39. Full frontage improvements are required with this development. These BP,GP CE
include curb, gutter, sidewalk and paveout. Public Improvement plans
shall be submitted detailing the design.
City of Atascadero
Resolution No.2004-085
Page 12 of 31
Conditions of Approval/ Timing Responsibility Mitigation
Mitigation Monitoring Program /Monitoring Measure
PS:Planning Services
BL:Business BS:Building Services
Principal Avenue Mixed-Use License FD:Fire DepaMnent
OR Grading Permit PD:Poke Department
PD-24 Master Plan of Development BP:Building Permit CE:Cly Engineer
Fl:Final Inspection WW:Wastewater
TO:Temporary CA Cly Altomey
OccWanq
F0:Final Occupancy
40. Prior to issuance of building permits,the applicant shall submit a grading BP,GP CE
and drainage plan with a separate sheet(s) devoted to sedimentation
and erosion control,prepared by a registered civil engineer for review
and approval by the City Engineer.
SANITARY SEWER CONDITIONS
41. The Public Works Department shall approve all wastewater facilities BP,GP WW
prior to construction. This includes pumps, force mains, cleanouts,
manholes and connections.
42. Applicant shall pay sewer extension(annexation)fees upon issuance of BP,GP WW
building permit. Sewer Connection and Reimbursement fees shall be
payable upon actual connection of the building sewer to the public
sewer system.
43. Gravity mains and other sewer facilities within the subdivision shall be BP,GP WW
privately owned and maintained.
44. Gravity mains within the subdivision shall be eight (8) inches in BP,GP WW
diameter.
STANDARD CONDITIONS
45. All public improvements shall be constructed in conformance with the BP,GP CE
City of Atascadero Engineering Department Standard Specifications
and Drawings or as directed by the City Engineer.
46. In the event that the applicant is allowed to bond for the public FM CE
improvements required as a condition of this map, the applicant shall
enter into a Subdivision Improvement Agreement with the City Council.
47. An engineer's estimate of probable cost shall be submitted for review FM CE
and approval by the City Engineer to determine the amount of the bond.
48. The Subdivision Improvement Agreement shall record concurrently with FM CE
the Final Map.
49. The applicant shall be responsible for the relocation and/or alteration of BP,GP CE
existing utilities.
50. The applicant shall install all new utilities(water, gas, electric, cable TV BP,GP CE
and telephone)underground. Utilities shall be extended to the property
line frontage of each lot or its public utility easement.
51. The applicant shall monument all property comers for construction FM CE
control and shall promptly replace them if disturbed.
52. The applicant shall acquire title interest in any off-site land that may be FM CE
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
City of Atascadero
Resolution No.2004-085
Page 13 of 31
Conditions of Approval/ Timing Responsibility Mitigation
Mitigation Monitoring Program (Monitoring Measure
PS:Planning Services
EL Business BS:Building Services
Principal Avenue Mixed-Use License FD:Fire Departrnent
GP:Grading Permit PD:Police Departrnerd
PD-24 Master Plan of Development BP:Building Pencil CE:Cry Engineer
FI:FinallnsimfiDn WW:Wasteaater
T0:Temporary CA Cily Attorney
Occupancy
F0:Final Occuparq
whose ingress and egress is affected by these improvements.
53. Slope easements shall be provided as needed to accommodate cut of FM CE
fill slopes.
54. Drainage easements shall be provided as needed to accommodate both FM CE
public and private drainage facilities.
55. The final map shall be signed by the City Engineer prior to the map FM CE
being placed on the agenda for City Council acceptance.
56. Prior to recording the tract map,the applicant shall submit a map drawn FM CE
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.
57. The applicant shall set monuments at all new property corners. A FM CE
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.
58. Prior to recording the tract map, the applicant shall pay all outstanding FM CE
plan check/inspection fees
59. Prior to recording the map, the applicant shall complete improvements FM CE
required by these conditions of approval or bond for said improvements.
60. Prior to recording the tract map, the applicant shall have the map FM CE
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 map.
61. Upon recording the final map,the applicant shall provide the City with a FM CE
black line clear Mylar(0.4 mil)copy and a blue line print of the recorded
map.
62. Prior to the final inspection of any public improvements, the applicant FM CE
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.
63. Prior to the final inspection, the applicant shall submit a written SP,GP CE
certification from a registered civil engineer or land surveyor that all
survey monuments have been set as shown on the final map.
64. An encroachment permit shall be obtained prior to any work within City BP,GP CE
City of Atascadero
Resolution No.2004-085
Page 14 of 31
Conditions of Approval/ Timing Responsibility Mitigation
Mitigation Monitoring Program /Monitoring Measure
PS:Planning Services
BL:Business BS:Building Services
Principal Avenue Mixed-Use License FD:FroDeparlment
GP:Grading Permit PD:Porne Deperlmeni
PD-24 Master Plan of Development BP:Building Pemilt CE:Cry Engineer
FI:Final Inspection WW:Wastewater
T0:Temporary CA City AMmey
OccuprY
F0:Final Occupancy
rights of way.
65. Prior to the issuance of building permits the applicant shall submit a BP,GP CE
grading and drainage plan prepared by a registered civil engineer for
review and approval by the City Engineer.
Atascadero Mutual Water Company
66. The applicant shall submit plans to AMWC for the water distribution GP,BP CE
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). All cross-connection devices shall conform to AWWA
and California Department of Health Services standards.
67. Before the start of construction on the water system improvements, GP, BP CE
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.
68. Before issuance of building permits,the applicant shall obtain a"Will GP, BP CE
Serve"letter from AMWC for the newly created lots within the
subdivision.
69. The water mains required to serve the project shall be laid out in a GP, BP CE
grid or looped pattern and shall connect to the existing water mains
system in Principal Ave. (6"main)and Gusta Lane(6"main).
70. The applicant shall provide AMWC with easements for those water GP, BP CE
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.
71. The applicant shall submit a hydraulic analysis with the first plan GP, BP CE
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.
72. The applicant shall obtain a separate landscape-irrigation meter(s) GP, BP CE
from AMWC for the common areas within the project.
73. Before construction of the water system improvements, AMWC shall GP, BP CE
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.
City of Atascadero
Resolution No.2004-085
Page 15 of 31
Conditions of Approval/ Timing Responsibility Mitigation
Mitigation Monitoring Program /Monitoring Measure
PS:Planning Services
BL:Business BS:Building Services
Principal Avenue Mixed-Use License FD:Fre Deparhnant
GP:Grading Permit PD:Poke Department
PD-24 Master Plan of Development BP:Building Permit CE:Cly Engineer
FI:Final Inspe*n WW:Wastewater
TO:Temporary CA Ciy AnDmey
Oowpency
FO:Final Occupancy
■ 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
Mitigation Measures
Mitigation Measure 1.c.1: The following landscape mitigations shall apply: BP BS,PS,CE 1.0
■ Fencing shall be complimentary in color and material to the
proposed architectural theme. No fencing greater than 3 feet in
height shall be located within the 10-foot setback area along the
street frontage.
■ The project landscaping shall include trees along Principal and EI
Camino Real street frontages.
■ All proposed trees shall be shade trees of 15-gallon size and shall
be double staked.
Mitigation Measure 1.c.2: The proposed buildings shall include the use of BP BS,PS,CE 1.c.2
paint and roof colors consistent with the selected architectural style and
designed to compliment the existing commercial and residential setting.
Mitigation Measure 1.d.1: If exterior parking lot lighting is proposed,it shall BP BS,PS,CE 1.d.1
be designed to eliminate any off site glare. All exterior site lights shall utilize
full cut-off,"hooded"lighting fixtures to prevent offsite light spillage and
glare. Any luminary pole height shall not exceed 14-feet in height, limit
intensity to 2.0 foot candles at ingress/egress,and otherwise 0.6 foot candle
minimum to 1.0 maximum within the site. Fixtures shall be shield cut-off
type and compatible with neighborhood setting,subject to staff approval.
Mitigation Measure 3.b.1: The project shall be conditioned to comply with BP,GP BS,PS,CE 3.b.1
all applicable District regulations pertaining to the control of fugitive dust
(PM-10)as contained in sections 6.3,6.4 and 6.5 of the April 2003 Air
Quality Handbook.
Section 6.3: Construction Equipment
■ Maintain all construction equipment in proper tune according to
manufacturer's specifications.
• Fuel all off-road and portable diesel powered equipment,including but
not limited to bulldozers,graders,cranes, loaders,scrapers,backhoes,
generator sets,compressors,auxiliary power units,with ARB certified
motor vehicle diesel fuel(Non-taxed version suitable for use off-road).
■ Maximize to the extent feasible,the use of diesel construction
equipment meeting the ARB's 1996 or newer certification standard for
off-road heavy-duty diesel engines.
0 Install diesel oxidation catalysts(DOC),catalyzed diesels particulate
City of Atascadero
Resolution No.2004-085
Page 16 of 31
Conditions of Approval/ Timing Responsibility Mitigation
Mitigation Monitoring Program /Monitoring Measure
PS:Planning Senkes
BL:Business BS:Building Services
Principal Avenue Mixed-Use License FD:Fire oepatunt
GF.Grading Permit M:Police DeWrnent
PD-24 Master Plan of Development BP:Building Pemit CE:Cly Engineer
FI:Finallnspo=n WW:Wasteaater
TO:Temporary CA City Attorney
Occupancy
F0:Final Occupancy
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 will be required whenever wind speeds exceed 15 mph.
Reclaimed(non-potable)water should be used whenever possible.
C. All dirt stockpile areas shall be sprayed daily as needed.
D. Permanent dust control measures identified in the approved project
re-vegetation and landscape plans shall be implemented as soon
as possible following completion of any soil disturbing activities.
E. Exposed ground areas designated for reworking on dates greater
than one month after initial grading shall 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 shall 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 shall 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.
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.
City of Atascadero
Resolution No.2004-085
Page 17 of 31
Conditions of Approval/ Timing Responsibility Mitigation
Mitigation Monitoring Program /Monitoring Measure
PS:Planning Services
BL:Business BS:Building Services
Principal Avenue Mixed-Use License FD:Fire DepaNnent
GP:Grading PermA PD:Police Department
PD-24 Master Plan of Development BP:BuildingPemm CE:City Engineer
FI:Final Irspecgon WW:Wastamter
T0:Temporary CA City Allomey
occwarY
F0:Final Occupanq
Mitigation Measure 4.b.1: All crossings and culverts that impact the bed BP PS,BS 4.b.1
and/or bank of the drainage must be permitted by the appropriate regulatory
agencies: U.S.Army Corps of Engineers, Regional Water Quality Control
Board,and the California Department of Fish&Game,as appropriate.
Mitigation Measure 4.e.1: Grading and excavation and grading work shall BP PS,SS 4.e.1
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 twenty feet of construction 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 sea[
7. Pathways that run under tree canopies should be made out of
decomposed gravel or porous pavers to allow oxygen and moisture
to reach the root systems.
8. Utilities such as water,gas,power,cable,storm drainage,and
sewer should be redirected from under the canopy of any trees that
are to remain.
9. Where a building is placed within the canopy of a tree the
foundation should be redesigned so that it bridges across any root
systems.
10. Any foundation or other structure that encroaches within the drip
line of trees to be saved shall be dug by hand.
11. At no time shall tree roots be ripped with construction equipment.
12. Four foot high construction fencing shall be placed around any tree
that is to be protected and saved at a distance of athe drip line plus
4'. Once the Rough Grading is accomplished then the fence may
be moved closer to the tree and the area dug by hand or with a
small piece of equipment.
Mitigation Measure 4.e.2:An arborists report shall be required prior to BP PS,BS 4.e.2
project implementation. The report shall identify each native tree proposed
for removal and each tree within the project area subject to potential impact.
The report shall provide recommendations for tree pruning,tree protection
of existing native trees to remain,and identify native tree
impact/replacement mitigation per the Atascadero Municipal Code Section
9-11.105.
Mitigation Measure 4.e.3: The developer shall contract with a certified BP PS,BS 4.e.3
arborist during all phases of project implementation. The certified arborist
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
City of Atascadero
Resolution No.2004-085
Page 18 of 31
Conditions of Approval/ Timing Responsibility Mitigation
Mitigation Monitoring Program /Monitoring Measure
PS:Planning Services
BL:Business BS:Building Services
Principal Avenue Mixed-Use Lbense FD:Fire Departrnent
GP:Grading Para* PD:Police Departrnem
PD-24 Master Plan of Development BP:Building Permit CE:City Engineer
Fl:Finallnspection WW:Wastemiler
TO:Temporary CA City AWmey
Occupancy
F0:Final Occupancy
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:
■ Prune all trees in active development areas to be saved for
structural strength and crown cleaning by a licensed and certified
arborist;
■ Remove all debris and spoils from the lot cleaning and tree pruning.
• In locations where paving is to occur within the tree canopy,grub
only and do not grade nor compact. Install porous pavers over a
three-inch bed of 3/4 inch granite covered with one-inch pea gravel
for screeding. If curbs are required, use pegged curbs to secure the
porous pavers. Pegged curbs are reinforced six to eight curbs
poured at grade with a one-foot by one-foot pothole every four to six
linear feet.
• All trenching or grading within the protected root zone area,outside
of the tree protection fence shall require hand trenching or preserve
and protect roots that are larger than 2 inches in diameter.
■ No grading or trenching is allowed within the fenced protected area.
■ Any roots that are 4 inches in diameter or larger are not to be cut
until inspected and approved by the on-site arborist.
(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.
BP PS,SS 4.e.4
Mitigation Measure 4.e.4: All tree removals shall be mitigated as prescribed
by the Atascadero Native Tree Ordinance.
Mitigation Measure 6.b.1: The grading permit application plans shall include GP PS,BS,CE 6.b.1
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 submitted BP,GP PS,BS,CE 6.0
with a future building permit by the building department.
City of Atascadero
Resolution No.2004-085
Page 19 of 31
Conditions of Approval/ Timing Responsibility Mitigation
Mitigation Monitoring Program /Monitoring Measure
PS:Planning Services
BL:Business BS:Building Services
Principal Avenue Mixed-Use License FD:Fre Department
GP:Grading Permit PD:Police Department
PD-24 Master Plan of Development BP:Building Pernt CE:Cily Engineer
Fl:Finallrrspe*n WW:Wastewater
TO:Temporary CA City Attorney
Occuparq
FO:Final Occupancy
Mitigation Measure 8.e.f.1: The developer is responsible for ensuring that GP PS,BS,CE 8.e.f.1
all contractors are aware of all storm water quality measures and that such
measures are implemented. Failure to comply with the approved
construction Best Management Practices will result in the issuance of
correction notices,citations,or stop orders.
Mitigation Measure 9.b.1: The commercial property directly adjacent to CUP/GPA PS 9.b.1
the project site shall be included in the proposed General Plan
Amendment and Zone Change and shall be designated as Medium
Density Residential with a corresponding Residential Multi-Family-10
zoning designation to ensure consistency with the surrounding
neighborhood and with the proposed project. The proposed Planned
Development Overlay District #24 shall be extended to include this
parcel. Any future development shall conform to the Multy-Family-10
development standards including density and shall conform to the
standards set forth in the proposed Planned Development #24 overlay
zone. Any future development proposal shall require an amendment to
the master plan of development (CUP Amendment) subject to Planning
Commission review and City Council approval.
Mitigation Measure 11.d.1: All construction activities shall comply with the BP,GP PS,BS,CE 11.d.1
City of Atascadero Noise Ordinance for hours of operation,and as follows:
Construction activities shall be limited to the following hours of operation:
• 7 a.m.to 7 p.m. Monday through Friday
• 9 a.m.to 6 p.m. Saturday
• No construction on Sunday
Further,particularly loud noises shall not occur before 8 a.m.on weekdays
and not at all on weekends.
The Community Development Director upon a determination that unusually
loud construction activities are having a significant impact on the neighbors
may modify the hours of construction.
Failure to comply with the above-described hours of operation may result in
withholding of inspections and possible construction prohibitions,subject to
the review and approval of the Community Development Director.
A sign shall be posted on-site with the hours of operation and a telephone
number of the person to be contacted in the event of any violations. Staff
shall approve the details of such a sign during the Grading Plan/Building
Permit review process.
City of Atascadero
Resolution No.2004-085
Page 20 of 31
Conditions of Approval/ Timing Responsibility Mitigation
Mitigation Monitoring Program /Monitoring Measure
PS:Planning Services
BL:Business BS:Building Servbes
Principal Avenue Mixeal-Use License FD:Fre Departined
GP:Grading Pwnt PD:Police Department
PD-24 Master Plan of Development BP:Building Permit CE:Cay Engineer
Fl:Final Inspection WW:Wastewater
T0:Tenporary CA Ck A lomey
Occupancy
F0:Final Occupancy
Mitigation Measure 13.1: Project Road and Landscape Maintenance and BP,GP PS,BS,CE 13.1
Emergency Services Funding:
The emergency services and road maintenance casts of the project shall be
100%funded by the project in perpetuity. The service and maintenance
cost may be funded through a benefit assessment district or other
mechanism established by the developer subject to City approval. The
funding mechanism must be in place prior to or concurrently with
acceptance of the any 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 and the coordination and performance of
maintenance activities shall be by the City
a) All Atascadero Police Department service costs to the project.
b) All Atascadero Fire Department service costs to the project.
c) All streets, sidewalks, streetlights, street signs, roads, emergency
access roads, emergency access gates, and sewer mains within the
project.
d) All parks,trails, recreational facilities and like facilities.
e) All open space and native tree preservation areas.
f) All drainage facilities and detention basins.
g) All common landscaping areas, street trees, medians, parkway
planters, manufacture slopes outside private yards, and other
similar facilities.
City of Atascadero
Resolution No.2004-085
Page 21 of 31
EXHIBIT B: Master Plan of Development/Site Plan
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City of Atascadero
Resolution No.2004-085
Page 22 of 31
EXHIBIT Q Landscape Plan
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City of Atascadero
Resolution No.2004-085
Page 23 of 31
EXHIBIT D:Commercial Elevations and Floor Plans
KARTLEAMN
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El Camino
Real Retail
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Avenue
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Building
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City of Atascadero
Resolution No.2004-085
Page 25 of 31
EXHIBIT E: Duplex Elevation and Floor Pian
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City of Atascadero
Resolution No.2004-085
Page 26 of 31
EXHIBIT F:Triplex Elevations and Floor Plan
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City of Atascadero
Resolution No.2004-085
Page 27 of 31
EXHIBIT G:Grading and Drainage Plan
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City of Atascadero
Resolution No.2004-085
Page 28 of 31
EXHIBIT H:Tot Lot/Common Recreation
Tot Lot
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3, Recreation
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City of Atascadero
Resolution No.2004-085
Page 29 of 31
EXHIBIT 1:Color and materials
J
j
TASCAD L
0OW100
WILLI P%A HEZMs+.UH^LC'-H ^PC--H1r crs rrv(--. (95 2003
**See project file for colors**
City of Atascadero
Resolution No.2004-085
Page 30 of 31
EXHIBIT J:Tree Protection plan
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City of Atascadero
Resolution No.2004-085
Page 31 of 31
EXHIBIT J:Tree Protection plan
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