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HomeMy WebLinkAboutResolution 2004-086 RESOLUTION NO. 2004-086 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING VESTING TENTATIVE TRACT MAP 2003-0044, A TWENTY-SEVEN LOT AND 44 AIRSPACE UNIT SUBDIVISION CONSISTENT WITH A MASTER PLAN OF DEVELOPMENT ON APN 030-491-013, 0159 018 (9105 Principal Avenue/Messer/McNamara/ 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-10/Planned Development Overlay#24); 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 Vesting Tentative Tract Map application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said 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 Tentative Tract Map 2003- 0044, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and City of Atascadero Resolution No.2004-086 Page 2 of 19 NOW THEREFORE, the City Council of the City of Atascadero takes the following actions: SECTION 1. Findings of Approval for Vesting Tentative Tract Map, the City Council as follows: 1. The proposed subdivision, design and improvements as conditioned, is consistent with the General Plan and applicable zoning requirements, including provisions of the PD-24 overlay district. 2. The proposed subdivision, as conditioned, is consistent with the proposed Planned Development Overlay District#24 Master Plan of Development(CUP 2004-0117). 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the density of development proposed. 5. The design and improvement of the proposed subdivision will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat. 6. The design of the subdivision will not conflict with easements acquired by the public at large for access through, or the use of property within, the proposed subdivision; or substantially equivalent alternative easements are provided. 7. Covenants, Conditions and Restrictions (CC&R's) or equivalent shall be required that incorporate the Master Plan of Development conditions of approval to ensure that the site retains the proposed qualities (architecture, colors, materials, plan amenities, fencing, and landscaping) over time. 8. The proposed subdivision design and type of improvements proposed will not be detrimental to the health, safety or welfare of the general public. City of Atascadero Resolution No.2004-086 Page 3 of 19 SECTION 2. Approval. The City Council of the City of Atascadero, in a regular session assembled on October 12, 2004, resolved to approve Vesting Tentative Tract Map (TTM 2003-0044) subject to the following: 1. Exhibit A: Vesting Tentative Tract Map 2003-0044 2. Exhibit B: Conditions of Approval/Mitigation Monitoring Program. 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 Member Pacas and Mayor Luna ABSENT: None ADOPTED: October 12, 2004 CITY ATASCA O By: Dr. Ge ge Luna, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Verk APPROVED AS TO FORM: Thomas R. Gibson, Interim City Attorney City of Atascadero Resolution No.2004-086 Page 5 of 19 Exhibit B:Conditions of Approval/Mitigation Monitoring Program Tentative Tract Map 2003-0044 Conditions of Approval/ Timing Responsibilit Mitigation Mitigation Monitoring Program y/Monitoring Measure GP:Grading Perini PS:Planning Services 9105 EI Camino Real sP�slbaN Pefrnit D:Fireoepaarlmem Improvement Plans PD:Police Department Vesting Tentative Tract Map FM:Anal Map CE:City Engineer T0:Temporary WW:Wastewater TTM 2003-0044 00c„panq Ck Cay Attorney A:Anal inspection AMWC:Water Comp. F0:Final Occupancy Planning Services 1. 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. 2. Approval of this Tentative Tract Map shall be valid for two years after its FM PS effective date. At the end of the period, the approval shall expire and become null and void unless an extension of time is granted pursuant to a written request received prior to the expiration date. 3. The Community Development Department shall have the authority to FM PS approve minor changes to the project that (1) result in a superior site design or appearance, and/or (2) address a design issue that is not substantive to the Tentative Tract Map and that the Final Map is in substantial conformance with the Tentative Map. 4. The granting of this entitlement shall apply to the property located at On going PS 9105 Principal Ave El Camino Real (APN 030-491-013, 015, 018) regardless of owner. 5. The Final Map shall be drawn in substantial conformance with the FM PS approved tentative map, and in compliance with all conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 6. The subdivider shall defend, indemnify, and hold harmless the City of FM 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. 7. The Tract Map shall be subject to additional fees for park or recreation FM PS purposes(QUIMBY Act)as required by City Ordinance. 8. 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 City of Atascadero Resolution No.2004-086 Page 6 of 19 Conditions of Approval/ Timing Responsibilit Mitigation Mitigation Monitoring Program y/Monitoring Measure GP:Grading Permit PS:Planting Senses BP:Building Permb BS:Building Sentices 9105 EI Camino Real SIP:Subdivision FD:FireDeparbnent Improvement Plans PD:Police Deparlrnent Vesting Tentative Tract Map FM:Final Map CE:City Engineer TO:Temporary WW:Wastexster TTM 2003-0044 Occupancy CA City AMfomey FI:Final inspection AMWC:Water Comp. F0:Final Occupancy 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. ■ 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. 9. 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. • All streets, bridges, sidewalks, streetlights, street signs, roads, emergency access roads, emergency access gates, and sewer mains within the project. ■ All parks,trails, recreational facilities and like facilities. ■ All open space and native tree preservation areas. ■ All drainage facilities and detention basins. ■ All creeks, flood plains, floodways, wetlands, and riparian habitat areas. ■ All common landscaping areas,street trees, medians,parkway planters, manufactured slopes outside private yards,and other similar facilities. ■ All frontage landscaping and sidewalks along arterial streets 10. Prior to recordation of final map,the project applicant shall enter into BP PS 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. City of Atascadero Resolution No.2004-086 Page 7 of 19 Conditions of Approval/ Timing Responsibilit Mitigation Mitigation Monitoring Program y/Monitoring Measure GP:Grading PemWt PS:Planning Services BP:Binding Permit BS:Building Services 9105 EI Camino Real SIP:Subdhdaion FD:FieDepertment Improvement Plans PD:Poke Department Vesting Tentative Tract Map FM:Final Map CF_:city Engineer TO:Temporary WW:Wastewater TTM 2003-0044 �,pa,ey CA city Nbmey Fl:Final inspectbn AMWC:Water Comp. W:Final Occupancy 11. Deed notification shall be applied to each of the new lots,notifying BP PS 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. 12. Prior to final map, the applicant shall submit CC&Rs for review and BP PS approval by the Community Development Department. The CC&R's 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. 13. Affordable Housing Requirement: The applicant shall deed restrict a GP/BP PS,CA minimum of 9 residential units for 30 years,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 approval. 14. Workforce Housing: Prior to recordation of final map,the applicant shall BP PS,CA enter into a legal agreement with the City to reserve t/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; City of Atascadero Resolution No.2004-086 Page 8 of 19 Conditions of Approval/ Timing Responsibilit Mitigation Mitigation Monitoring Program y/Monitoring Measure GP:Grading Pernik PS:Planning Servim BF.Building Pernik BS:Building Ssr*- 9105 El Camino Real SIP:Subdivision FD:Fire Depaftent Inpmement Plans PD:Police Department Vesting Tentative Tract Map FM:Final Map CE:City Engineer TO:Temporary WW:Wastewater TTM 2003-0044 Occupancy CA*city Atkomey FI:Final inspection AMWQ Water Oomp. F0:Final Occupancy ■ 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. Fire Marshal 15. Final street name selection shall be consistent with the future street FM PS,CE extension,subject to staff approval 16. Note that approved address signage is to be provided. FM CE 17. Fire lanes shall be delineated to restrict parking as required by the FM CE Fire Authority. City Engineer Conditions PROJECT SPECIFIC CONDITIONS Drainage: 18. Obtain approval by the City Engineer of the grading&drainage plan and BP,GP CE the storm drain design&facilities. 19. 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. 20. Provide for the detention of the 50 year developed storm runoff, while BP,GP CE metering out the 2 year undeveloped storm runoff. 21. Show the method of dispersal at all pipe outlets. Include specifications BP,GP CE for size&type. 22. Acquire drainage easements where needed. Drainage shall cross lot BP,GP CE lines only where a drainage easement has been provided. 23. 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: City of Atascadero Resolution No.2004-086 Page 9 of 19 Conditions of Approval/ Timing Responsibilit Mitigation Mitigation Monitoring Program y/Monitoring Measure GP:Grading Permit PS:Planning Services rvices 9105 EI Camino Real OR Building FFD:F o�� Inpawement Plans PD:Police Department Vesting Tentative Tract Map FM:Friel Map GE:CiyEngineer water TTM 2003-0044 �� CA c an FI:Final inspection AMWC:Water Comp. F0:Final Occupancy Gusta Road 24. 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 the City Engineer. Principal Avenue 25. Principal Avenue shall be improved to City Standard in conformance BP,GP CE with the Tentative Tract Map. EI Camino Real 26. 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. 27. Applicant shall underground utilities on EI Camino Real. BP,GP CE FM CE 28. 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. 29. 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. 30. 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. 31. Prior to issuance of building permits, the applicant shall submit a BP,GP CE grading 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. City of Atascadero Resolution No.2004-086 Page 10 of 19 Conditions of Approval/ Timing Responsibilit Mitigation Mitigation Monitoring Program y/Monitoring Measure GP:Graft Permit PS:Planning Services BP:Buildng Permit BS:Building Services 9105 El Camino Real SIP:Subdivision FD:Fire Department Improvement Plans PD:Police DeWrnent Vesting Tentative Tract Map FM:Final Map CE:City Engineer TO:Temporary WW:Wastewater TTM 2003-0044 Ooor,pancy CaGly Atsmey Ft:Final irrspection AMWC:Water Comp. F0:Final Occupancy SANITARY SEWER CONDITIONS 32. The Public Works Department shall approve all wastewater facilities BP,GP WW prior to construction. This includes pumps, force mains, cleanouts, manholes and connections. 33. 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. 34. Gravity mains and other sewer facilities within the subdivision shall be BP,GP WW privately owned and maintained. 35. Gravity mains within the subdivision shall be eight (8) inches in BP,GP WW diameter. STANDARD CONDITIONS 36. 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. 37. 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. 38. 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. 39. The Subdivision Improvement Agreement shall record concurrently with FM CE the Final Map. 40. The applicant shall be responsible for the relocation and/or alteration of BP,GP CE existing utilities. 41. 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. 42. The applicant shall monument all property comers for construction FM CE control and shall promptly replace them if disturbed. 43. 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.2004-086 Page 11 of 19 Conditions of Approval/ Timing Responsibiiit Mitigation Mitigation Monitoring Program y/Monitoring Measure GP:Grading Permit Ps:Planning Services BP:Building Pemt BS:Building Services 9105 EI Camino Real sip:subdh6ion FD:FireDepadment IrnpweniW Pleas PD:Police Department Vesting Tentative Tract Map FM:Final Map CE:City Engineer T0:Temporery ww:wastewater TTM 2003-0044 oocrpancy Ca Ctly Attomey Fl:Final Inalwtbn AMWC:water Corry. F0:Final Occupancy whose ingress and egress is affected by these improvements. 44. Slope easements shall be provided as needed to accommodate cut of FM CE fill slopes. 45. Drainage easements shall be provided as needed to accommodate both FM CE public and private drainage facilities. 46. 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. 47. 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 Citys Subdivision Ordinance. 48. Prior to recording the tract map,the applicant shall set monuments at all FM CE new property comers. A registered civil engineer or licensed land surveyor shall indicate by certificate on the parcel map, that comers have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 49. Prior to recording the tract map, the applicant shall pay all outstanding plan check/inspection fees. 50. Prior to recording the map, the applicant shall complete improvements FM CE required by these conditions of approval or bond for said improvements. 51. 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. 52. 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. 53. 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. 54. Prior to the final inspection, the applicant shall submit a written 13P,GP CE certification from a registered civil engineer or land surveyor that all City of Atascadero Resolution No.2004-086 Page 12 of 19 Conditions of Approval/ Timing Responsibilit Mitigation Mitigation Monitoring Program y/Monitoring Measure GP:Grading Perms PS:Planning Services BP:Building Permit BS:Building Services 9105 El Camino Real SIP:subdivision FD:FireDeparnnent Impmvemerd Plans PD:Poke Departrnent Vesting Tentative Tract Map FM:Final Map CE:City Engineer TO:Temporary WW:Wastewater TTM 2003-0044 Ocuparay Ca Cay Atlomey FI:Finalinspwbm AMWC:W&W Owip. F0:Final Occupancy survey monuments have been set as shown on the final map. 55. An encroachment permit shall be obtained prior to any work within City BP,GP CE rights of way. 56. 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 57. 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. 58. 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. 59. 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. 60. 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). 61. 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. 62. 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. City of Atascadero Resolution No.2004-086 Page 13 of 19 Conditions of Approval/ Timing Responsibilit Mitigation Mitigation Monitoring Program y/Monitoring Measure GP:Grading Pernul PS:Planning Services 9105 EI Camino Real sPn Building�n� FD:Fre�ri�� Improvement Plans PD:Police DspaMrerd Vesting Tentative Tract Map FM:Final Map CE:Ciy Engineer TO:Temporary WW:Wastewater TTM 2003-0044 Occupancy CA City Attomey FI:Final inspection AMWC:Water Comp. F0:Final Occupancy 63. The applicant shall obtain a separate landscape-irrigation meter(s) GP, BP CE from AMWC for the common areas within the project. 64. 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. ■ 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 i.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 all BP,GP BS,PS,CE 3.b.1 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. City of Atascadero Resolution No.2004-086 Page 14 of 19 Conditions of Approval/ Timing Responsibiiit Mitigation Mitigation Monitoring Program y/Monitoring Measure GP:Grading Permit PS:Planning Services 9105 El Camino Real s SubdN io mit FD:Re��nt Improvement Plane PD:Poise Department Vesting Tentative Tract Map FM:Final Map CE:City Engineer TTM 2003-0044 TO:Temporary WN:Wastewater Occupancy CA Cky Attorney FI:Final inspection AMWC:Water Comp. F0:Final Occupancy Section 6.3: Construction Equipment ■ Maintain all construction equipment in proper tune according to manufacturer's specifications. • Fuel all off-road and portable diesel powered equipment,including but not limited to bulldozers,graders,cranes, loaders,scrapers,backhoes, generator sets,compressors,auxiliary power units,with ARB certified motor vehicle diesel fuel(Non-taxed version suitable for use off-road). ■ Maximize to the extent feasible,the use of diesel construction equipment meeting the ARB's 1996 or newer certification standard for off-road heavy-duty diesel engines. ■ Install diesel oxidation catalysts(DOC),catalyzed diesels particulate filters(CDPF)or other District approved emission reduction retrofit services(Required for projects grading more than 4.0 acres of continuously worked area). Section 6.4: Activity Management Techniques ■ Develop a comprehensive construction activity management plan designed to minimize the amount of large construction equipment operating during any given time period. ■ Schedule of construction truck trips during non-peak hours to reduce peak hour emissions. ■ Limit the length of the construction workday period, if necessary. ■ Phase construction activities, if appropriate. Section 6.5: Fugitive PM10 All of the following measures shall be included on grading,demolition and building plan notes: A. Reduce the amount of the disturbed area where possible. B. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency 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 City of Atascadero Resolution No.2004-086 Page 15 of 19 Conditions of Approval/ Timing Responsibilit Mitigation Mitigation Monitoring Program y/Monitoring Measure GP:Grading Pemtit PS:Planning Services BP:Building Permit BS:Building Services 9105 EI Camino Real SIP:Subdivision FD:Fire Department Improvement Plans PD:Police DepaMrent Vesting Tentative Tract Map FM:Final Map CE:City Engineer TO:Temporary WW:Wastewater TTM 2003-0044 Occupancy Ca Cty Attorney FI:Final inspection AMWC:Water Cortp. F0:Final Occupancy 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. Mitigation Measure 4.b.1: All crossings and culverts that impact the bed 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,BS 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 seal. 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 proteted 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. City of Atascadero Resolution No.2004-086 Page 16 of 19 Conditions of Approval/ Timing Responsibilit Mitigation Mitigation Monitoring Program y/Monitoring Measure GP:Grading PemN PS:Planning Services BP:Building Penrit BS:Building Services 9105 EI Camino Real SIP:Subdi&bn FD:FreDepadment Inpmemenl Plans PD:Police Deparlmerd Vesting Tentative Tract Map FM:Final Map Ce:Ciy Engineer TTM 2003-0044 TO:Temporary wastewater Occupancy CA City Atbmey Fl:Final Inspection AMWC:(Neter Comp. F0:Final Occupancy 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 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. City of Atascadero Resolution No.2004-086 Page 17 of 19 Conditions of Approval/ Timing Responsibilit Mitigation Mitigation Monitoring Program y/Monitoring Measure GP:Grading Perms PS:Planning Services rvices 9105 El Camino Real 13P: vWn nit FD:FFirrea;� tnent Vesting Tentative Tract Map FFM:.Final MaproverriN�� CE:G4' EngiPolice neer TTM 2003-0044 TO:Temporary WW:Wastasater Occupancy Ca Cay Aflomey FI:Final inspection AMWC:Water Comp. F0:F;nal Occupancy Mitigation Measure 4.e.4: All tree removals shall be mitigated as prescribed BP PS,BS 4.e.4 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.c.1 with a future building permit by the building department. 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. City of Atascadero Resolution No.2004-086 Page 18 of 19 Conditions of Approval/ Timing Responsibilit Mitigation Mitigation Monitoring Program y/Monitoring Measure GP:Grading Penna PS:Planning Services Ntes 9105 El Camino Real SP Subdiviilding Pion Fenri D:Building re lipadr nt Impmernent Plans PD:Police Depadmem Vesting Tentative Tract Map FM:Final Map CE:Cay Engneer TTM 2003-0044 TO:Temporary WIN:Wastewater Occupancy Ca Cay alomey FI:Final inspection AMWC:Water Conp. F0:Final O=parq Mitigation Measure 11.d.1: All construction activities shall comply with the BR 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.2004-086 Page 19 of 19 Conditions of Approval/ Timing Responsibilit Mitigation Mitigation Monitoring Program y/Monitoring Measure GP:Grading Pamwl PS:Planning Services eftes 9105 EI Camino Real �sS��im FD:Fiirini! BS: irreDeparttnent Improvement Plans PD:Police DepaMrent Vesting Tentative Tract Map Fns:Final Map CE:City Engineer TO:Temporary WW:Wastewater TTM 2003-0044 Occupancy CA Cry Attorney FI:Final inspection AMWC:Water Comp. F0:Fnal Occupancy Mitigation Measure 13.1: Project Road and Landscape Maintenance and BR GP PS,BS,CE 13.1 Emergency Services Funding: The emergency services and road maintenance costs 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. e