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HomeMy WebLinkAboutResolution 2005-008 RESOLUTION NO. 2005-008 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 2004-0132 (MASTER PLAN OF DEVELOPEMNT) ON APN 030-281-0149 0159 016 (Atascadero Ave./ Caliber Home Developments) WHEREAS, an application has been received from Caliber Home Developments (317 Ocean View Ave, Suite 1, Pismo Beach, CA 93449) Applicant and Property Owner, to consider a project consisting of a Zone Change from RMF-16 (Residential Multi-family - 16) to RMF- 16/PD-25 (Residential Multi-Family-16 with Planned Development Overlay #25) with corresponding Master Plan of Development and Vesting Tentative Tract Map on a 0.85-acre site located at 6709, 6725, 6735 Atascadero Ave (APN 030-281-014, 015, 016); and, WHEREAS, the site's General Plan Designation is HDR (High Density Residential); and, WHEREAS, the Planning Commission has recommended that the site's Zoning District be changed from RMF-16 (Residential Multi-Family-16) to RMF-16/PD-25 (Residential Multi- Family-16/Planned Development Overlay#25); and, WHEREAS, the PD-25 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 2004-0050 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 January 18, 2005, studied and considered the Conditional Use Permit 2004-0132 (Master Plan of Development), after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and City of Atascadero Resolution No.2005-008 Page 2 of 26 WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing held on February 22, 2005, studied and considered Conditional Use Permit 2004-0132 (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 City Council finds as follows: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual; and, 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance)including provisions of the PD-25 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-25 overlay zone cannot be reasonably achieved through existing development standards or processing requirements; and, City of Atascadero Resolution No.2005-008 Page 3 of 26 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: ■ 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 February 22, 2005, resolved to approve Conditional Use Permit 2004-0132 (Master Plan of Development) and Tree Removal Permit subject to the following: EXHIBIT A: Conditions of approval/Mitigation Monitoring Program EXHIBIT B: Master Plan of Development EXHIBIT C: Landscape Plan EXHIBIT D: Floor Plans Type 1 EXHIBIT E: Elevations Type 1 EXHIBIT F: Floor Plan Type 2 EXHIBIT G: Elevations Type 2 EXHIBIT H: Grading and Drainage Plan EXHIBIT I: Color and Materials Type 1 EXHIBIT J: Color and Materials Type 2 EXHIBIT K: Tree Protection Plan City of Atascadero Resolution No.2005-008 Page 4 of 26 On motion by Mayor Pro Tem O'Malley and seconded by Council Member Clay, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: Council Members Clay, Luna, O'Malley, Pacas and Mayor Scalise NOES: None ABSENT: None ADOPTED: February 22, 2005 CITY OF ATASC RO By: Wendy Sc ise, M ATTEST: Marcia McCiure Torgerson, C.M.C., City erk APPR, b AS T ORM: Pa L. E t, City Attorney City of Atascadero Resolution No.2005-008 Page 5 of 26 EXHIBIT A:Conditions of Approval/Mitigation Monitoring Program PD-25 Master Plan of Development(CUP 2004-0132)/ZCH 2004-0086/ZCH 2005.0095 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL:Business BS:Buikrmg Services Vintage Homes War" FD:Fire Department GP:Grading Permil PD:Police Department PD-25 Master Plan of Development BP:Building Permit CE:CdyEnginsar FI:Final Irspeftri WW:Wastewater T0:Terrponary CA City Attorney Occuparq F0:Final Occuparq 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 2004-0086 and ZCH 2005-0095 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 approve BP/FM PS,CE 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. Any other changes to the Master Plan of Development shall be subject to City Council approval.Any associated Tentative Maps unless shall be subject to Planning Commission approval. 4. Approval of this Conditional Use Permit shall be valid for twenty-four(24) BP/FM PS 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 consistent BP/FM PS,CE with the Master Plan of Development contained herein. 7. All exterior elevations,finish materials and colors shall be consistent with the BP PS Master Plan of Development as shown in EXHIBIT E,G, I,and J 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. ■ All trash storage,recycle storage,and air conditioning units shall be screened from view behind architecturally compatible or landscaped City of Atascadero Resolution No.2005-008 Page 6 of 26 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL Business BS:Building Services Vintage Homes License FD:Fre Depadnent GP:Grading Pernit PD:Police Department PD-25 Master Plan of Development BP:Building Penit CE:Cly Engineer FI:Flnallnspection WW:Wastexater W:Ternpmry CA City Momey Occupancy FO:Rnel Occupancy enclosures; ■ Stucco siding shall be smooth troweled or similar. No machine finishes will be permitted. ■ Roofs shall be architectural grade dimensional shingles. ■ Heavier trim shall be included on all buildings. ■ A wrap around porch shall be included on units A,B,E,and F. 8. All site development shall comply with the standards of the Planned BP PS,BS Development 25 Overlay District. 9. All site work,grading,and site improvements shall be consistent with the BP/FM PS,BS,CE Master Plan of Development as shown in EXHIBIT B,C,and H. 10. All project fencing shall be installed consistent with EXHIBIT B and C subject GP/BP PS to the following modifications: ■ Fencing material and treatment shall comply with the PD25 standards. ■ All fencing shall be recessed from the fagade of the units along all street and parking court frontages. 11. Final selection of colors and materials identified in EXHIBIT I and J shall be GP/BP PS subject to staff approval. 12. A final landscape and irrigation plan shall be approved prior to the 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. ■ Final tree list shall be submitted with building permits,subject to staff approval. ■ Parking court and open space trees shall be minimum 15-gallon size and double staked. ■ Front yard areas shall be landscaped with drought tolerant species, subject to staff approval. City of Atascadero Resolution No.2005-008 Page 7 of 26 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL:Business BS:Building Services Vintage Homes Ucense FD:FireDePadmM GP:Grading Permit PD:Poke Department PD-25 Master Plan of Development BP:Building Permit CE:City Engineer FI:Final Inspection WW:Wastewater TO:Temporary CA:City Attorney Occupancy F0:Final Occuparq 13. The developer and/or subsequent owner shall assume responsibility for the continued maintenance of all landscape and common areas,consistent with EXHIBIT C. 14. Affordable Housing Requirement: The applicant shall deed restrict a GP/BP PS,CA minimum of 2 residential units for 30 years,prior to or concurrently with the final map,at a moderate income rate. All units shall be distributed throughout the project,subject to staff approval. 15. Workforce Housing: Prior to recordation of final map,the applicant shall enter BP PS,CA into a legal agreement with the City to reserve t/z of the units for sale to residents or workers within the City of Atascadero,including the affordable units. The agreement shall include the following provisions: ■ The units shall be offered for sale to residents or workers within the City of Atascadero for a minimum of 60-days. During this time period offers may only be accepted from Atascadero residents or workers; ■ The applicant shall provide reasonable proof to the City that at least one of the qualified buyers is a resident or worker within the City Limits of Atascadero; ■ The Atascadero resident or worker restriction shall apply to the initial sale only; ■ The applicant shall identify which units will be reserved;and The City Attorney shall approve the final form of the agreement. 16. A Tree Protection Plan shall be submitted with subsequent building permits GP/BP PS for encroachment within the drip line of native trees located on the subject parcel and any adjacent properties.The applicant will contract with a certified arborist to monitor all activity within the drip lines of existing native oak trees. 17. An address marker to include address for all units shall be located at the GP/BP PS public street access point.The address marker shall be compatible with the project architecture. 18. The emergency services and facility maintenance costs listed below shall BP PS 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. ■ All Atascadero Police Department service costs to the project. ■ All Atascadero Fire Department service costs to the project. City of Atascadero Resolution No.2005-008 Page 8 of 26 Conditions of Approval/ Timing Responsiblift Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL:Business BS:Building Service Vintage Homes Lioenae FD:FeeDeparMard GP:Grading Parmtl PD:Ponce Department PD-25 Master Plan of Development BP:Building Permt Ce City Engineer FI:Final InspecWn WW:Wastewater TO:Temporary CA Cdy Momey Occupancy 1`0:Final Occupancy ■ Off-site common City of Atascadero park facilities maintenance service costs related to the project. 19. All tract maintenance costs listed below shall be 100%funded by the project BP PS 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 20. Prior to final map,the applicant shall submit CC&Rs for review and approval BP PS,BS 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 in perpetuity. b) A detailed list of each individual homeowner's responsibilities for maintenance of the individual units. c) Residents shall keep all trash receptacles within the unit's designated trash storage area. d) Garages shall be maintained and used for vehicle parking. e) No boats, RV's or other type of recreation vehicle may occupy a guest or resident parking space, including within an individual City of Atascadero Resolution No.2005-008 Page 9 of 26 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Sennces B.:Busness BS:Building Services Vintage Homes Dine Fl):Fre Department GP:Grading Pemill PD:Poke Department PD-25 Master Plan of Development BP:BeidigPermit CeCIIyEngineer FI:Final Inspection WW:Wastewater T0:Tenporary CA City Attorney OccuParvy F0:Final Occupancy garage. f) 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. 21. Approval of this permit shall include the removal of 4 Native Trees,totaling 76 BP PS,BS 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. A mitigation deposit shall be collected for the existing sycamore trees located along the Atascadero frontage prior to the issuance of building permits. Should these trees be damaged beyond repair due to construction of the project, the mitigation deposit will be retained by the City and the developer shall replant with like species,24"box size or greater. 22. The foundation design for the units impacting trees 54, 58, and 59 shall be designed to bridge the root system, as recommended by the arborist in the project report dated July 26,2004. 23. The one bedroom units along the Atascadero Ave frontage shall include a minimum t/2 bath(sink and toilet)on the upper floor. City Engineer Conditions PROJECT SPECIFIC CONDITIONS Drainage: 24. Obtain approval by the City Engineer of the grading &drainage plan and the BP,GP CE storm drain design&facilities. 25. Submit calculations to support the design of any structures or pipes. Closed BP,GP CE 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. 26. Provide for the retention of a 50 year storm event or provide for the detention BP,GP CE of the 50 year developed storm runoff, while metering out the 2 year undeveloped storm runoff to the existing storm water facilities in Atascadero Ave. 27. Show the method of dispersal at all pipe outlets. Include specifications for size BP,GP CE &type. 28. Acquire drainage easements where needed. Drainage shall cross lot lines BP,GP CE City of Atascadero Resolution No.2005-008 Page 10 of 26 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL:Business BS:Building Services Vintage Homes License FD:Fire Dvadment GP:Grading Pen it PD:P*e Deparrnem PD-25 Master Plan of Development BP:Building Permit CE:Cky Engineer FI:Final Inspection WW:Wastewater TO:Temporary CA Cary Apomey Occrpanq F0:Final OccWarq only where a drainage easement has been provided. 29. 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: Atascadero Avenue 30. The applicant must provide for the repair and maintenance of on-site shared FM CE 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. 31. All public improvements shall be constructed in conformance with the City of BP,GP CE Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 32. Full frontage improvements are required with this development.These include BP,GP CE curb, gutter, sidewalk and paveout. Public Improvement plans shall be submitted detailing the design. 33. Prior to issuance of building permits,the applicant shall submit a grading and BP,GP CE 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 34. The Public Works Department shall approve all wastewater facilities prior to BP,GP WW construction. This includes pumps, force mains, cleanouts, manholes and connections. 35. Applicant shall pay sewer extension (annexation) fees upon issuance of BP,GP WW building permit. Sewer Connection and Reimbursement fees shall be payable City of Atascadero Resolution No.2005-008 Page 11 of 26 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL:Business BS:Building Services Vintage Homes License FD:Fre Departrnerd GP:Grading Pencil PD:Police Deperlment PD-25 Master Plan of Development BP:Building Peril Ce City Enghw FI:Final Inspection WW:Wastewater TO:Tenporary CA City Attorney Occupancy F0:Final Occupancy upon actual connection of the building sewer to the public sewer system. 36. Gravity mains and other sewer facilities within the subdivision shall be BP,GP WW privately owned and maintained. 37. Gravity mains within the subdivision shall be eight(8)inches in diameter. BP,GP WW 38. Gravity main onsite shall end in a manhole. BP,GP WW STANDARD CONDITIONS 39. All public improvements shall be constructed in conformance with the City of BP,GP CE Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 40. In the event that the applicant is allowed to bond for the public improvements FM CE required as a condition of this map,the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 41. An engineer's estimate of probable cost shall be submitted for review and FM CE approval by the City Engineer to determine the amount of the bond. 42. The Subdivision Improvement Agreement shall record concurrently with the FM CE Final Map. 43. The applicant shall be responsible for the relocation and/or alteration of BP,GP CE existing utilities. 44. The applicant shall install all new utilities (water, gas, electric, cable TV and BP,GP CE telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 45. The applicant shall monument all property comers for construction control and FM CE shall promptly replace them if disturbed. 46. 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 whose ingress and egress is affected by these improvements. 47. Slope easements shall be provided as needed to accommodate cut of fill FM CE slopes. 48. Drainage easements shall be provided as needed to accommodate both FM CE public and private drainage facilities. 49. The final map shall be signed by the City Engineer prior to the map being FM CE City of Atascadero Resolution No.2005-008 Page 12 of 26 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Servim BL,Business BS:Building Services Vintage Homes tkenae FD:Fie Department GP:Grading Pent PD:Poise Department PD-25 Master Plan of Development BP:Building Perrnit CE:Cily Engineer FI:FinalInape*n WW:weatevreter T0:Terrporery CA City Attorney Occupancy 1`0:Final Occupanq placed on the agenda for City Council acceptance. 50. Prior to recording the tract map, the applicant shall submit a map drawn in FM CE 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. 51. Prior to recording the tract map,the applicant shall set monuments at all new FM CE property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the parcel map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 52. Prior to recording the tract map, the applicant shall pay all outstanding plan check/inspection fees. 53. Prior to recording the map, the applicant shall complete all improvements FM CE required by these conditions of approval 54. Prior to recording the tract map,the applicant shall have the map reviewed by FM CE 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. 55. Upon recording the final map,the applicant shall provide the City with a black FM CE line clear Mylar(0.4 mil)copy and a blue line print of the recorded map. 56. Prior to the final inspection of any public improvements, the applicant shall FM CE submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans. 57. Prior to the final inspection, the applicant shall submit a written certification BP,GP CE from a registered civil engineer or land surveyor that all survey monuments have been set as shown on the final map. 58. An encroachment permit shall be obtained prior to any work within City rights BP,GP CE of way. 59. Prior to the issuance of building permits the applicant shall submit a grading BP,GP CE and drainage plan prepared by a registered civil engineer for review and approval by the City Engineer. Atascadero Mutual Water Company City of Atascadero Resolution No.2005-008 Page 13 of 26 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning SeNtes BL:Business BS:Building Servius Vintage Homes Lice. FD:Fire Deparmrent GP:GrWing Pent PD:Police DepaMrent PD-25 Master Plan of Development BP:Binding Permit CE:City Engineer FI:Finallnspection WW:Wastewater T0:TerrWrary CA CRY Attorney Occupancy F0:Final Occupancy 60. Before the issuance of building permits,the applicant shall submit plans to AMWC for the water distribution facilities needed to serve the project. AMWC shall review and approve the plans before construction begins on the 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. 61. Before the start of construction on the water system improvements,the applicant shall pay all installation and connection fees required by AMWC. Subject to the approval of AMWC,the applicant may enter in to a"deferred connection"agreement. 62. Before issuance of building permits,the applicant shall obtain a`Will Serve"letter from AMWC for the newly created lots within the subdivision. 63. The applicant shall provide AMWC with easements for those water facilities proposed for operation and maintenance by AMWC that are constructed outside of publicly maintained right-of-ways. AMWC shall review the form and content of the easements before recordation. 64. 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. 65. The applicant shall obtain a separate landscape-irrigation meter from AMWC for the common areas within the project. Landscaping for common areas shall be drought-tolerant. The landscaping for common areas shall conform to the mitigation measures noted in Table II-7, Hydrology and Water Quality,of the General Plan 2025. The applicant shall keep the use of turf grass in common area landscaping and in other areas to a minimum. Mitigation Measures Mitigation Measure 1.c.1: Proposed residences shall utilize a darker earth BP PS 1.0 toned colors with compatible accent colors throughout the project.The proposed development shall respect the historic nature of the neighborhood by utilizing smooth finish stucco and traditional scaled windows.The shared driveway shall be of a decorative nature to minimize the visual impact of the paved area.The units shall incorporate heavier trim elements and a wrap around porch shall be included on units A, B, E,and F. Mitigation Measure 1.d.1: Exterior lighting shall be limited to wall mounted BP PS 1.d.1 building lighting only.All exterior lighting shall be designed to eliminate any off site glare and shall utilize full cut-off,"hooded"lighting fixtures to prevent offsite City of Atascadero Resolution No.2005-008 Page 14 of 26 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL:Business BS:Building Services Vintage Homes sense FD:FreDepadmW GP:Grading Pemd PD:Police Depownt PD-25 Master Plan of Development BP:Building Permit CE City Snow FI:Final Inspection WW:Wastewater T0:Temporary CA Cily Atldmey Occupancy F0:Final Occupancy light spillage and glare. Fixtures shall be shield cut-off type and compatible with historic setting,subject to staff approval. Mitigation Measure 3.b.1: The project shall be conditioned to comply with all BP BS 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. ■ Asbestos has been identified by the state Air Resources Board as a toxic air contaminant. Serpentine and ultramafic rocks are very common in the state and may contain naturally occurring asbestos. Under the State Air Resources Board Air Toxics Control Measure (ATCM)for Construction,Grading,Quarrying,and Surface Mining Operations,prior to any grading activities at the site,the project proponent shall ensure that a geologic evaluation is conducted to determine if naturally occurring asbestos is present within the area that will be disturbed. If Naturally Occurring Asbestos(NOA)is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM for Construction,Grading, Quarrying,and Surface Mining Operations. . If NOA is not present, an exemption request must be filed with the District. If NOA is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM. This may include development of an Asbestos Dust Mitigation Plan and an Asbestos Health and Safety Program for approval by the APCD. Should Naturally Occurring Asbestos be identified within the area of construction,and the worked area will be less than or equal to one acre,then the dust control measures identified below are required. If the disturbed area is greater than one acre,additional requirements may include but are not limited to 1)an Asbestos Dust Mitigation Plan which must be approved by the District before construction begins,and 2) an Asbestos Health and Safety Program will also be required for some projects. ■ Dust Control Measures for Construction and Grading Operation Projects One Acre or Less: No person shall engage in any construction or grading operation on property where the area to be disturbed is one(1.0)acre or less unless all of the following dust mitigation measures are initiated at the start and maintained throughout the duration of the construction or grading activity: (A)Construction vehicle speed at the work site must be limited to fifteen (15)miles per hour or less; (B) Prior to any ground disturbance,sufficient water must be applied to the area to be disturbed to prevent visible emissions from crossing the property line; (C)Areas to be graded or excavated must be kept adequately wetted to prevent visible emissions from crossing the property line; City of Atascadero Resolution No.2005-008 Page 15 of 26 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL Business BS:Building Servbes Vintage Homes License FD:Fre Department GP:Grading Permil PD:Police Department PD-25 Master Plan of Development BP:Building Permit CI=_City Engineer FI:Final Inpectbn WW:Wastewater 70:Temporary CA City Attomey Occupancy F0:Final Occupancy (D)Storage piles must be kept adequately wetted,treated with a chemical dust suppressant,or covered when material is not being added to or removed from the pile; (E) Equipment must be washed down before moving from the property onto a paved public road;and (F)Visible track-out on the paved public road must be cleaned using wet sweeping or a HEPA filter equipped vacuum device within twenty-four(24)hours. Mitigation Measure 4.e.1: The Grading Plan shall identify tree protection GP PS 4.e.1 fencing around the dripline of each existing on-site or off-site native tree within 20 feet of construction activity. Mitigation Measure 4.e.2: Grading and excavation and grading work shall be GP PS 4.e.2 consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: 1. All existing trees outside of the limits of work shall remain. 2. Earthwork shall not exceed the limits of the project area. 3. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 4. Vehicles and stockpiled material shall be stored outside the dripline of all trees. 5. All trees within the area of work shall be fenced for protection with 4- foot chain link,snow or safety fencing placed per the approved tree protection plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing shall remain in place until completion of all construction activities. 6. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal Mitigation Measure 4.e.3: An arborists report shall be required prior to project GP PS 4.e.3 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 6.b: The grading permit application plans shall include GP CE 6.b 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.d: A soils report shall be required to be submitted with GP BS 6.c.d a future building permit by the building department.The building plans will be required to follow the recommendations of the soils report to assure safety for residents and buildings. City of Atascadero Resolution No.2005-008 Page 16 of 26 Conditions of Approval/ riming Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS:Planning Services BL:Business BS:Building Services Vintage Homes License FD:Fie Depadmerd GP:Grading Permit PD:P*e DeWrinent PD-25 Master Plan of Development BP:Building Pemtit CE:City Engineer FI:Final Inspection WW:Wastewater T0:Temporary CA City Mmey Occupancy F0:Final Occupancy Mitigation Measure 8.e.f: The developer is responsible for ensuring that all BP CE 8.e.f contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations,or stop work orders. Mitigation Measure 11.d: All construction activities shall comply with the City of Ongoing BS/PS 11.d Atascadero Noise Ordinance for hours of operation. 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 hours of construction may be modified by the Community Development Director upon a determination that unusually loud construction activities are having a significant impact on the neighbors. 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. The details of such a sign shall be approved by staff during the Grading Plan/Building Permit review process. City of Atascadero Resolution No.2005-008 Page 17 of 26 EXHIBIT B:Master Plan of Development/Slte Plan �- 41"1104 J1 I ' Ai rr d "�' � City of Atascadero Resolution No.2005-008 Page 18 of 26 EXHIBIT Q Landscape Pian A �4 tA LU x 1 ttk City of Atascadero Resolution No.2005-008 Page 19 of 26 EXHIBIT D:Floor Plans Type 1 R fie � n m� r City of Atascadero Resolution No.2005-008 Page 20 of 26 EXHIBIT E:Elevations Type 1 i A, ... City of Atascadero Resolution No.2005-008 Page 21 of 26 EXHIBIT F:Floor Plan Type 2 V1 a �� f7 , W i Q � g City of Atascadero Resolution No.2005-008 Page 22 of 26 EXHIBIT G: Elevations Type 2 t i I ht 4 yff 3till# T t 3 ] f= FA Yr 1 a ._� r City of Atascadero Resolution No.2005-008 Page 23 of 26 EXHIBIT H:Grading and Drainage Plan � . virr-- MW W"Amon 1 � t 4.M XAM!FS Wb # S � I ` I E !1 Atx Ip vk + -77777777-77 ij +t'avzk a a � w Y�' D w y t y M1 X Oki04 Ml d �tl gq -# b. i� M JAY aear�aaiv e I City of Atascadero Resolution No.2005-008 Page 24 of 26 EXHIBIT 1:Color and materials Type 7 Ormzm czar. saw aim "M v 1NT 1 ,*21 i a City of Atascadero Resolution No.2005-008 Page 25 of 26 EXHIBIT J:Color and Materials Type 2 EE ' A6K 01 1110� *4m Ow Stool sow x� "" 4M�A4 Now xx.OL T 44 _ 00 awr WOW N 3n' yy Atasca ` s CA City of Atascadero Resolution No.2005-008 Page 26 of 26 EXHIBIT K:Tree Protection plan � t rl 7 R i lY 30, ase......°.