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HomeMy WebLinkAboutResolution 2005-009 RESOLUTION NO. 2005-009 A RESOLUTION OF THE CITY COUNICL OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING VESTING TENTATIVE TRACT MAP 2004-0055, A TWELVE LOT SUBDIVISION CONSISTENT WITH A MASTER PLAN OF DEVELOPMENT,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 to RMF-16/PD-25; 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, 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 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 January 18, 2005, studied and considered Tentative Tract Map 2004- 0055, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and City of Atascadero Resolution No.2005-009 Page 2 of 15 WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing held on February 22, 2005, studied and considered Tentative Tract Map 2004-0055, 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 of Approval for Vesting Tentative Tract May, the City Council finds 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-25 overlay district. 2. The proposed subdivision, as conditioned, is consistent with the proposed Planned Development Overlay District#25 Master Plan of Development (CUP 2004-0132). 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 Ataseadero Resolution No.2005-009 Page 3 of 15 SECTION 2. Approval. The City Council of the City of Atascadero, in a regular session assembled on February 22, 2005, resolved to approve Vesting Tentative Tract Map (TTM 2003-0055) subject to the following: 1. Exhibit A: Vesting Tentative Tract Map 2003-0055 2. Exhibit B: Conditions of Approval/Mitigation Monitoring Program. 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 O By: We y Scalis ayor ATTEST: Marcia McClure Torgerson, C.M.C., Oty Clerk APPROV AS TO- M: Patric E t, City Attorney c ` c, City of Atascadero Resolution No.2005-009 Page 4 of 15 Exhibit A:Vesting Tentative Tract Map *"MWM3 . VOW ry mum i si Sw A wit 110600000'$00 1 kA ir IV Y gip= .. �bn.�.«..'wae.�� w.•.�A*sCW.wrw.k.A4wMS� N IFj ar�.Mw.nM«µ+Mna+ �� City of Atascadero Resolution No.2005-009 Page 5 of 15 Exhibit B:Conditions of Approval/Mitigation Monitoring Program Tentative Tract Map 2004-0055 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP:Gradirp Pernwl PS:Planning Services BP:Building PemM BS:Building Services Vintage Homes SIP:Subdktbn FD:FireDepartmant Ir provement Plans PD:Police Department Vesting Tentative Tract Map FM:linalMap CE:City Engineer TO:Tenpmry WW:Wastewater TTM 2004-0055 Occupancy Ca City Momey FI:Final inspection AMWC:Water Cone. 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 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. 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(APN On going PS 030-281-014,015,016)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 mentioned funds shall be by the City. Developer agrees to participate in the community facilities district and to take all steps reasonably City of Atascadero Resolution No.2005-009 Page 6 of 15 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP:Grading Permit PS:Planning Services BP:Building Permit BS:Building Services Vintage Homes SIP:Subdivision FD:Fire Department Inpmement Plans PD:Police Deparlmerd Vesting Tentative Tract Map FM:Friel Map CE:City Engineer TTM 20040055 TO:Temporary WWI.wastewater Ooc panoy CA City Attorney FI:Final inspection AMWC:Water Comp. F0:Final Occupancy 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 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 in perpetuity. b) A detailed list of each individual homeowner's responsibilities for maintenance of the individual units. City of Atascadero Resolution No.2005-009 Page 7 of 15 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP:Grading Permit PS:Planning Services BP:Building Pennit BS:Building Servbes Vintage Homes SIP:Subdivision FD:FireDeparbnent Inprovement Plans PD:Police Deperinent Vesting Tentative Tract Map FM:Final Map CE:City Engineer TTM 2004-0055 TO:Temporary WWastewater Occupancy CA City Agomey FI:Final inspection AMWC:Water Corp. F0:Final Occupancy 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 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. 11. Affordable Housing Requirement: The applicant shall deed restrict a GP/BP PS,CA minimum of 2 residential units for 30 years,at the moderate income rate: All units shall be distributed throughout the project,subject to staff approval. 12. 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. 13. The developer and/or subsequent owner shall assume responsibility for Ongoing PS the continued maintenance of all landscape and common areas. City Engineer Conditions PROJECT SPECIFIC CONDITIONS Drainage: 14. Obtain approval by the City Engineer of the grading &drainage plan and BP,GP CE City of Atascadero Resolution No.2005-009 Page 8 of 15 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP:Grading Permit PS:Planning Services BP:Buiding Penn t BS:Building Services Vintage Homes SIP:Subdivision FD:FireDepaMgnt Improvement Plans PD:Police Deparbnent Vesting Tentative Tract Map FM:Final Map CE:Clly Engirreer TTM 20040055 CA 70:Temporary Wastewater Occupancy CA Ciy Attomey Fl:Final inspedion AMWC:Water CorT. F0:Final Occupancy the storm drain design&facilities. 15. 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. 16. Provide for the retention of a 50 year storm event or provide for the BP,GP CE detention 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. 17. Show the method of dispersal at all pipe outlets. Include specifications for BP,GP CE size&type. 18. Acquire drainage easements where needed. Drainage shall cross lot lines BP,GP CE only where a drainage easement has been provided. 19. 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 20. The applicant must provide for the repair and maintenance of on-site FM CE 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. 21. The City Engineer and City Attorney shall approve the final form prior to recordation. 22. All public improvements shall be constructed in conformance with the City BP,GP CE of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. City of Atascadero Resolution No.2005-009 Page 9 of 15 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP:Grading Permit PS:Planning Services BP:Building Permit BS:Building Services Vintage Homes SIP:Subdivision FD:Fire Depaftent Imprarement Plans PD:Police Department Vesting Tentative Tract Map FM:Final reap CE:Cly Engineer TTM 20040055 TO:Temporary INK wastewater Occupancy CA City Adomey FI:Final insPection AMWC:Water 134M. F0:Final Occupancy 23. 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. 24. 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 25. The Public Works Department shall approve all wastewater facilities prior BP,GP WW to construction. This includes pumps, force mains, cleanouts, manholes and connections. 26. 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. 27. Gravity mains and other sewer facilities within the subdivision shall be BP,GP WW privately owned and maintained. 28. Gravity mains within the subdivision shall be eight(8)inches in diameter. BP,GP WW 29. Gravity main onsite shall end in a manhole. BP,GP WW STANDARD CONDITIONS 30. All public improvements shall be constructed in conformance with the City BP,GP CE of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 31. 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. 32. 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. 33. The Subdivision Improvement Agreement shall record concurrently with FM CE the Final Map. 34. The applicant shall be responsible for the relocation and/or alteration of BP,GP CE existing utilities. 35. 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 City of Atascadero Resolution No.2005-009 Page 10 of 15 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP:Grading Perm PS:Planning Services BP:Building Pemtt BS:Building Servl:es Vintage Homes SIP:Subdivision FD:FueDepannent IrTmemem Plans PD:P*e Department Vesting Tentative Tract Map FM:Final Map CE:Ck Engineer TTM 2004-0055 TO:Temporary WIN:Wastewater Occuparay CA City Attorney FI:Final inspection AMWC:Water Comp. F0:Final OocWarq line frontage of each lot or its public utility easement. 36. The applicant shall monument all property corners for construction control FM CE and shall promptly replace them if disturbed. 37. 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. 38. Slope easements shall be provided as needed to accommodate cut of fill FM CE slopes. 39. Drainage easements shall be provided as needed to accommodate both FM CE public and private drainage facilities. 40. The final map shall be signed by the City Engineer prior to the map being FM CE placed on the agenda for City Council acceptance. 41. 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. 42. Prior to recording the tract map, the applicant shall set monuments at all FM CE new property corners.A registered civil engineer or licensed land surveyor shall indicate by certificate on the parcel map,that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 43. Prior to recording the tract map, the applicant shall pay all outstanding plan check/inspection fees. 44. Prior to recording the map,the applicant shall complete all improvements FM CE required by these conditions of approval 45. Prior to recording the tract map,the applicant shall have the map reviewed FM CE 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. 46. 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 City of Atascadero Resolution No.2005-009 Page 11 of 15 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP:Graft Pard PS:Planning Services BP:Bulldinp Permit BS:Building Services Vintage Homes SIP:Subdiviabn FD:Fire Department Vesting Tentative Tract Map FM:Fnal� CE:ne PD:EI mant TTM 20040055 T ',"c'y018" cn cM Atbme FI:Faalinspectbn AMWC:Water Corm. F0:Final Occupancy map. 47. 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. 48. 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. 49. An encroachment permit shall be obtained prior to any work within City BP,GP CE rights of way. 50. 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 51. 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. 52. 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. 53. Before issuance of building permits,the applicant shall obtain a"Will Serve"letter from AMWC for the newly created lots within the subdivision. 54. 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. 55. 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.2005-009 Page 12 of 15 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program IMonitoring Measure GP.Grading Permit PS:Plannrcp Services BP:Building Pem1t BS:Building Services Vintage Homes SIP:Subdivision FD:Fire Department Improvement Plans PD:Poke Deparbnerd Vesting Tentative Tract Map FM:Flnal Map CE:City Engineer TO:Temporary WW:Wastewater TTM 2004 � 0055 ,�rwy CA City At tiny Fl:Final inspection AMWC:Water Comp. F0:Final Occupancy 56. 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.c.1 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 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 BP BS 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. ■ 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 orequal to one acre,then City of Atascadero Resolution No.2005-009 Page 13 of 15 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP:Grading PerMt PS:Planning Services BP:Building Permit BS:Building Services Vintage Homes SIP:Sub6/isim FD:Fire Department Inpwement Plans PD:Poke Department Vesting Tentative Tract Map FM:Final Map CE:City Engineer TO:Terrporary WW:Wastewater TTM 20040055 owvm CA Cay Attorney FI:Final inspection AMC:Water Comp. FO:Final Occupancy 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; (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. City of Atascadero Resolution No.2005-009 Page 14 of 15 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP:Grading Permil PS:Planning Servius BP:Building Perms BS:Buildup Services Vintage Homes SIP:Subdivision FD:FireDepeNnent Improvement Plans PD:Police Deparenerd Vesting Tentative Tract Map FM:Final Wap CE:Ciy Engineer TO:Temporary WW:Wastewater TTM 20040055 ODCLPN,,y Ca City atiomey FI:Final inspection AMWC:Water Corp. F0:Final Occuparq Mitigation Measure 4.e.2: Grading and excavation and grading work shall GP PS 4.e.2 be consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: 1. All existing trees outside of the limits of work shall remain. 2. Earthwork shall not exceed the limits of the project area. 3. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 4. Vehicles and stockpiled material shall be stored outside the dripline of all trees. 5. All trees within the area of work shall be fenced for protection with 4-foot chain link,snow or safety fencing placed per the approved tree protection plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing shall remain in place until completion of all construction activities. 6. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. Mitigation Measure 4.Ei An arborists report shall be required prior to GP PS 4.e.3 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 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 GP BS 6.c.d with 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. 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. City of Ataseadero Resolution No.2005-009 Page 15 of 15 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program (Monitoring Measure GP:Grading Pemtil PS:Planning Services BP:Building Permit BS:Building Services Vintage Homes SIP:Subdivision FD:FireDepadment Improvement Plans PD:PoWe Department Vesting Tentative Tract Map FM:Final Map CE:City Engineer TO:Temporary WW:Wastevrater TTM 2004-0055 Occupancy CA,city attorney FI:Final inspection AMWC:Water Oomp. F0:Fnal Occupancy Mitigation Measure 11.d: All construction activities shall comply with the Ongoing BS/PS 11.d City of 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.