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HomeMy WebLinkAboutPC_2012-08-07_AgendaPacket http://www.facebook.com/planningatascadero CITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Tuesday, August 7, 2012 – 7:00 P.M. City Hall Council Chambers 6907 El Camino Real Atascadero, California CALL TO ORDER Pledge of Allegiance Roll Call: Chairperson Ward Vice Chairperson Schmidt Commissioner Bentz Commissioner Colamarino Commissioner Cooper Commissioner Dariz Commissioner Wingett APPROVAL OF AGENDA PUBLIC COMMENT (This portion of the meeting is reserved for persons wishing to address the Commission on any matter not on this agenda and over which the Commission has jurisdiction. Speakers are limited to three minutes. Please state your name for the record before making your presentation. The Commission may take action to direct the staff to place a matter of business on a future agenda.) PLANNING COMMISSION BUSINESS CONSENT CALENDAR (All items on the consent calendar are considered to be routine and non -controversial by City Staff and will be approved by one motion if no member of the Commission or public wishes to comment or ask questions.) 1. APPROVAL OF ACTION MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON JUNE 19, 2012. COMMUNITY DEVELOPMENT STAFF REPORTS NONE City of Atascadero Planning Commission Agenda Regular Meeting, August 7, 2012 Page 2 of 3 http://www.facebook.com/pages/City-of-Atascadero-Planning/175544509158142 PUBLIC HEARINGS DISCLOSURE OF EX PARTE COMMUNICATIONS: Prior to a project hearing Planning Commission Members must disclose any communications they have had on any quasi-judicial agenda items. This includes, but is not limited to, Tentative Subdivision Maps, Parcel Maps, Variances, Conditional Use Permits, and Planned Development Permits. This does not disqualify the Planning Commission Member from participating and voting on the matter, but gives the public and applicant an opportunity to comment on the ex parte communication. (For each of the following items, the public will be given an opportunity to speak. After a staff report, the Chair will open the public hearing and invite the applicant or applicant’s representative to make any comments. Members of the public will be inv ited to provide testimony to the Commission following the applicant. Speakers should state their name for the record and can address the Commission for three minutes. After all public comments have been received, the public hearing will be closed, and th e Commission will discuss the item and take appropriate action(s).) 2. AMENDMENT TO COLONY SQUARE MASTER PLAN OF DEVELOPMENT Property Owner: Colony Square, LLC, 205 E. Carrillo St., Suite 205, Santa Barbara, CA 93101 Project Title: PLN 2099-0904, Conditional Use Permit 2004-0127 Amendment Project Location: 6905 El Camino Real, Atascadero, CA 93422 APN 029-361-042 (San Luis Obispo County) Project Description: The proposed project consists of an amendment to Conditional Use Permit 2004 -0127 (Master Plan of Development) for the Colony Square development. The proposal includes removing the second and third floor residential space from buildings B, C, F, G, and H, changes to the elevations and square footage, modifications to the site plan, and an amendment to the conditions of approval. The proposed changes are intended to create a project which is can be leased and financed for construction in the current market. Zoning: Downtown Commercial (DC) General Plan Designation: Downtown (D) Proposed Environmental Determination: Consistent with Certified Mitigated Negative Declaration 2005-0020 COMMISSIONER COMMENTS AND REPORTS DIRECTOR’S REPORT ADJOURNMENT The next regular meeting of the Planning Commission is scheduled for August 21, 2012, at City Hall, Council Chambers, 6907 El Camino Real, Atascadero. Please note: Should anyone challenge in court any proposed development entitlement listed on this Agenda, that person may be limited to raising those issues addressed at the public hearing described in this notice or in written correspondence delivered to the Planning Commission at, or prior to this public hearing. City of Atascadero Planning Commission Agenda Regular Meeting, August 7, 2012 Page 3 of 3 http://www.facebook.com/pages/City-of-Atascadero-Planning/175544509158142 City of Atascadero WELCOME TO THE ATASCADERO PLANNING COMMISSION MEETING The Planning Commission meets in regular session on the first and third Tuesday of each month at 7:00 p.m. at City Hall, Council Chambers, 6907 El Camino Real, Atascadero. Matters are considered by the C ommission in the order of the printed Agenda. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the Community Development Department and are available for public inspection during City Hall business hours at the Front Counter of City Hall, 6907 El Camino Real, Atascadero, and on our website, www.atascadero.org. An agenda packet is also available for public review at the Atascadero Library, 6850 Morro Road. All documents submitted by the public during Commission meetings that are either read into the record or referred to in their statement will be noted in the minutes and available for review in the Community Development Department. Commission meetings are audio recorded, an d may be reviewed by the public. Copies of meeting recordings are available for a fee. Contact the City Clerk for more information (470 -3400). In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager’s Office or the City Clerk’s Office, both at (805) 470-3400. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, “PUBLIC COMMENT”, the Chairperson will call for anyone from the audience having business with the Commission to approach the lectern and be recognized. 1. Give your name for the record (not required) 2. State the nature of your business. 3. All comments are limited to 3 minutes. 4. All comments should be made to the Chairperson and Commission. 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present. This is when items not on the Agenda may be brought to the Commission’s attention. A maximum of 30 minutes will be allowed for Public Comment Portion (unless changed by the Commission). TO SPEAK ON AGENDA ITEMS (from Title 2, Chapter 1 of the Atascadero Municipal Code) Members of the audience may speak on any item on the agenda. The Chairperson will identify the subject, staff will give their report, and the Commission will ask questions of staff. The Chairperson will announce when the public comment period is open and will request anyone interested to address the C ommission regarding the matter being considered to step up to the lectern. If you wish to speak for, against or comment in any way: 1. You must approach the lectern and be recognized by the Chairperson. 2. Give your name (not required). 3. Make your statement. 4. All comments should be made to the Chairperson and Commission. 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present. 6. All comments limited to 3 minutes. If you wish to use a computer presentation to support your comments, you must notify the Community Development Department at 470-3402 at least 24 hours prior to the meeting. Digital presentations brought to the meeting on a USB drive or CD is preferred. Access to hook up your laptop to the City's projector can also be provided. You are required to submit to the Recording Secretary a printed copy of your presentation for the record. Please check in with the Recording Secretary before the meeting begins to announce your presence and turn in the printed copy. The Chairperson will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Commission. ITEM NUMBER: 1 DATE: 8-7-12 PC Draft Action Minutes of 6/19/12 Page 1 of 5 CITY OF ATASCADERO PLANNING COMMISSION DRAFT ACTION MINUTES Regular Meeting – Tuesday, June 19, 2012 – 6:00 P.M. City Hall Council Chambers 6907 El Camino Real, Atascadero, California CALL TO ORDER - 6:00 p.m. Chairperson Ward called the meeting to order at 6:00 p.m. and Commissioner Bentz led the Pledge of Allegiance. ROLL CALL Present: Commissioners Bentz, Cooper, Dariz, Wingett, and Chairperson Ward Absent: Commissioner Colamarino (excused absence) Vice Chairperson Schmidt (excused absence) Others Present: Recording Secretary Annette Manier Staff Present: Community Development Director, Warren Frace Assistant Planner, Alfredo Castillo APPROVAL OF AGENDA MOTION: By Commissioner Bentz and seconded by Commissioner Dariz to approve the agenda. Motion passed 5:0 by a roll-call vote. PUBLIC COMMENT None ITEM NUMBER: 1 DATE: 8-7-12 PC Draft Action Minutes of 6/19/12 Page 2 of 5 PLANNING COMMISSION BUSINESS None CONSENT CALENDAR 1. APPROVAL OF ACTION MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON JUNE 5, 2012. MOTION: By Commissioner Bentz and seconded by Commissioner Dariz to approve the agenda. Motion passed 4:0 by a roll-call vote. (Cooper abstained) COMMUNITY DEVELOPMENT STAFF REPORTS 2. PLN 2099-0855, TREE REMOVAL PERMIT FOR 1225 EL CAMINO REAL (OAK GROVE) Property Owner/Applicant: People’s Self Help Housing, 3533 Empleo Street, San Luis Obispo, CA 93401 Certified Arborist: A & T Arborists, 1565 El Camino Real, Atascadero, CA 93422 Project Title: PLN 2099-0855 / TRP 2011-0146 Project Location: 1225 El Camino Real, Atascadero, CA 93422 (San Luis Obispo County) APN 049-042-019 General Plan Designation: High Density Residential Zoning: RMF-20 Project Description: The proposed project includes a request to remove one (1) 38-inch DBH Coast Live Oak and one (1) 40-inch DBH Coast Live Oak, located at 1225 El Camino Real on lot numbers 7 and 9. According to a Certified Arborist’s Report, the subject trees contain extensive cavities which will inevitably cause total tree failure. Assistant Planner Castillo gave the staff report and answered questions from the Commission. ITEM NUMBER: 1 DATE: 8-7-12 PC Draft Action Minutes of 6/19/12 Page 3 of 5 PUBLIC COMMENT The following person spoke during public comment: Chip Tamagni, A&T Arborists. Mr. Tamagni answered questions from the Commission. Chairperson Ward closed the Public Comment period. MOTION: By Commissioner Bentz and seconded by Commissioner Cooper to adopt PC Resolution 2012-0018 approving PLN 2099-0855 / TRP 2011-0146 to allow the removal of three (3) hazardous coast live oaks totaling 140 inches dbh located at 1225 El Camino Real, subject to conditions of approval and mitigation monitoring, with a change to Condition 3, which states the applicant shall replant a minimum of 23 native (5) gallon trees or 8 fifteen (15) gallon trees (a 3:1 mitigation ratio per other tree removals) on the subject property. Motion passed 5:0 by a roll-call vote. 3. PLN 2012-1436, TREE REMOVAL PERMIT FOR 5715 SANTA CRUZ ROAD #31 Property Owner/Applicant: Hilltop Mobile Manor II LLC, 4425 N 78th St #267B, Scottsdale, AZ 85251 Hilltop Mobile Estates, 5715 Santa Cruz Road, Atascadero, CA 93422 Certified Arborist: A & T Arborists, 1565 El Camino Real, Atascadero, CA 93422 Project Title: PLN 2012-1436 / TRP 2012-0156 Project Location: 5715 Santa Cruz Road #31, Atascadero, CA 93422 (San Luis Obispo County) APN 049-042-006 General Plan Designation: HDR Zoning District: RMF-16 Project Description: The proposed project includes a request to remove one (1) 46-inch DBH Coast Live Oak, located at 5715 Santa Cruz Road next to lot 31 adjacent to the Hillside Mobile Estates office. The tree is decaying at the base of the trunk and has continuing smaller limb failures. Assistant Planner Castillo gave the staff report and answered questions from the Commission. ITEM NUMBER: 1 DATE: 8-7-12 PC Draft Action Minutes of 6/19/12 Page 4 of 5 PUBLIC COMMENT The following people spoke during the public comment: Chip Tamagni, A & T Arborists. Mr. Tamagni answered questions from the Commission. Chairperson Ward closed the Public Comment period. MOTION: By Commissioner Bentz and seconded by Commissioner Wingett to adopt PC Resolution 2012-0017 approving PLN 2012-1436 / TRP 2012-0156 to allow the removal of one (1) hazardous coast live oak totaling 46 inches dbh located at 5715 Santa Cruz Road, subject to conditions of approval and mitigation monitoring, and adding Condition 4 which states that the applicant shall notify the tenants of Slip #31 one week prior to the tree removal. Motion passed 5:0 by a roll-call vote. PUBLIC HEARINGS None COMMISSIONER COMMENTS AND REPORTS None DIRECTORS REPORT  Director Frace announced that the July 3, 2012, meeting is cancelled. The next regular meeting is scheduled for July 17, 2012, but there are no items for that agenda, so it may be cancelled.  Director Frace announced that the City Council will hear the Walmart / Annex project on June 26, 2012.  The Colony Square DRC meeting is scheduled for June 21, 2012.  Director Frace answered Chairperson Ward’s questions regarding landscaping on the Highway 41 interchange project. ITEM NUMBER: 1 DATE: 8-7-12 PC Draft Action Minutes of 6/19/12 Page 5 of 5 ADJOURNMENT - 6:33 p.m. The next regular meeting of the Planning Commission is scheduled for July 17, 2012, at 6:00 p.m. at City Hall, Council Chambers, 6907 El Camino Real, Atascadero. MINUTES PREPARD BY: _____________________________ Annette Manier, Recording Secretary Adopted ITEM NUMBER: 2 DATE: 8-7-12 Planning Commission Staff Report Staff Report - Community Development Department Callie Taylor, Associate Planner, 470-3448, ctaylor@atascadero.org PLN 2099-0904 Conditional Use Permit 2004-0127 Amendment Colony Square Master Plan of Development APN 029-361-022 (Colony Square, LLC) RECOMMENDATIONS: Staff and the Design Review Committee Recommend Planning Commission: Adopt Resolution PC 2012-0019 approving an Amendment to Conditional Use Permit 2004-0127 to modify the Master Plan of Development and Conditions of Approval for Colony Square based on findings. REPORT-IN-BRIEF: A CUP amendment application has been submitted to modify the Master Plan of Development and Conditions of Approval for Colony Square. The original project was proposed to be constructed in a single phase. However, given the changes in the retail, construction and banking industries in recent years, it has not been possible to obtain tenants and lending to construct the large buildings designed with the original CUP. The current proposal is for a reduction in the overall size of the project. The larger buildings have been divided into one-story 3,000 to 5,600 sq. ft. buildings that can be built in several phases as tenants become available. The residential and office components would be removed from the second and third floors of buildings B, C, F, G, and H. Building D would remain as originally designed with residential units to be constructed in the future. The overall character and pedestrian oriented design features have been maintained as the focus of the development. The Atascadero Design Review Committee discussed the proposed project amendment on June 26. The DRC recommends Planning Commission approval of the project amendment, with some additional elevation enhancement on Building C2. ITEM NUMBER: 2 DATE: 8-7-12 Surrounding Land Use and Setting: North: Downtown Commercial, Open Space South: General Commercial East: Downtown Office West: Downtown Commercial DISCUSSION: Situation and Facts: 1. Owner: Colony Square, LLC, 205 E. Carrillo St, Suite 205 Santa Barbara, CA 93101 2. Project Address: 6901 - 6917 El Camino Real (APN 029-361-022, 036, 037, 038, 039, 041, 042, 043, 044 and 045) San Luis Obispo County 3. General Plan Designation: DC (Downtown Commercial) 4. Zoning District: D (Downtown) 5. Site Area: 8.14 acres 6. Existing Use: City Hall, Galaxy Theater, restaurants & shops, plus vacant graded parcels 7. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0020 Background On August 16, 2005, the Planning Commission approved the Master Plan of Development for the Colony Square project (CUP 2004-0127). The project site is within the Downtown Land Use Designation and is zoned Downtown Commercial, which allows mixed-use projects with approval of a Conditional Use Permit. Appearance review and consistency with the Atascadero Downtown Revitalization Plan was also considered. ITEM NUMBER: 2 DATE: 8-7-12 Seven new buildings were included in the 2005 Master Plan of Development approval. The temporary City Hall building and the Round Table Pizza building (previously Cowgirl Cafe) were also included in the CUP Master Plan of Development. Most of the new buildings were to be three stories in height with restaurants and retail uses on the ground level. Offices and live-work housing units were to be located on the upper two floors. The seven new buildings included the following components:  75,230 square feet of retail/restaurant space  35,000 square-foot 10-screen movie theater  17,100 square feet of office space  67 residential units (72,360 square feet of housing) A Vesting Tentative Tract Map (TTM 2005-0071) was approved on October 4, 2005 to divide the subject site into nine new parcels and 67 residential airspace condominium units. In 2008 CUP and map amendments were approved to modify Conditions of Approval and lot line locations; no changes were made to the project design in 2008. Building A of Colony Square, which includes Galaxy Theater, was completed in March 2011. The property owner is currently working to secure tenants for the next phase of the project so that additional buildings can be constructed. 2005 Master Plan of Development Approved with CUP 2004-0127 ITEM NUMBER: 2 DATE: 8-7-12 ANALYSIS: A CUP amendment has been submitted for a reduction in the overall size of the Colony Square project. The original project was proposed to be constructed in one single phase. However, given the changes in the retail, construction and banking industries in recent years, it has not been possible to obtain tenants and lending to construct the large buildings which were planned with the original CUP. The current proposal is for the remainder of the project to be built in several phases. In order to facilitate this, the larger buildings have been divided into smaller stand alone 3,000 to 5,600 sq. ft. one- story commercial buildings that can be built separately as tenants become available. Proposed Site Plan Buildings B and C (located next to El Camino Real between the Ranch Tee Motel and the temporary City Hall building) were originally designed as large three-story buildings with residential units located on the top two floors. The current proposal is to divide Buildings B and C into four separate single-story buildings (B1, B2, C1 and C2) to be used exclusively for retail and restaurant uses. The second and third story residential uses would not be constructed. This modification would create a slight decrease of retail and restaurant floor (3,000 sq. ft.) and would eliminate 27,370 sq. ft. of residential floor area in these buildings. Additional parking would be added behind Building C2. ITEM NUMBER: 2 DATE: 8-7-12 The footprint of Building B1 has been modified to extend along the entire El Camino Real frontage to increase the retail storefronts on the main road and block the view of the parking behind this building. Buildings F, G and H are located at the center of the project site between Galaxy Theaters and City Hall. These three buildings are currently being proposed as single story retail/restaurant uses. The second and third floor residential and office uses are no longer being proposed on this lot. The redesign creates a slight increase in retail floor area (approximately 4,000 sq. ft.) and eliminates 10,500 sq. ft. of residential and 6,600 sq. ft. of office space from these buildings. Building D, which is located towards the back of the site off Capistrano Avenue, is not proposed to be modified at this time. This building is designed as primarily residential with parking below to be used by the residential units. With the current amendment, the project’s approved residential condo allotment of 67 units would be transferred to Building D to maintain flexibility for construction of residential units in the future. Modifications to the design of Building D may be submitted as a CUP amendment sometime in the future based on market demands. ITEM NUMBER: 2 DATE: 8-7-12 The proposed elevation revisions are consistent with the 2004 architectural concepts and the constructed theater building. Although the buildings would be only one level, they are designed to appear as taller two-story structures, similar to the existing theater and adjacent retail which was previously constructed. Colors and materials would be consistent with the existing building. At the June 16 DRC review, the Committee requested elevation enhancements be added to Building C2 due to the location of this building towards the back of the project. The project architect has added a fountain feature in front of the building and changed the exterior paint color to a brighter peach to make the building stand out. Proposed Elevations ITEM NUMBER: 2 DATE: 8-7-12 Granary Tree Memorial Plaza required as mitigation for 2006 tree removal Plazas With the proposed amendment, the Colony Square site maintains the pedestrian character and outdoor plazas as originally designed. The pavers for the convertible street in front of the theater have been installed on site as originally planned. There is a secondary plaza located at the landing of the future pedestrian bridge which will be installed much as it was originally approved. For the public art at this location, a water feature will be installed next to Building C2. The veterans memorial flag pole “Our National Heritage” will be installed across form the theater to fill the location for public art portion of this area. Patio seating has been maintained throughout the project in front of many of the retail/restaurant spaces as originally designed. The main plaza on the center lot known as “town square” remains with patio seating, a small lawn and decorative hardscape. However, on the previously approved plans, this plaza extended further back through buildings G and H and included a raised stage area and a very large Granary oak tree. In 2006, it was determined that the granary tree at this location was hazardous, and the tree was approved for removal. As mitigation for the tree removal, the applicant proposed a memorial plaza in the location of the granary tree to acknowledge the history of the oak tree and provide a public gathering place. Instead of paying mitigation fees, the tree removal was conditioned to plant a 72-inch box valley oak tree or equivalent size tree and plaza to display a slice of the tree and an informational plaque describing the historical significance of the granary trees and their connection to the De Anza expedition. In the current proposal, the wide town square plaza does not extend as far back through the buildings G and H. Staff has added conditions to the attached resolution for the Granary tree mitigation (replanting and plaque) are included in the construction of the front plaza area. In order to ensure that the walkways between buildings F, G and H do not feel like service alleys, staff has also added a condition to require architectural detailing and adequate walkway width be added through these corridors when building permits are reviewed for construction. Additional trees shall be planted throughout the plaza, walkways and patio areas on this lot subject to staff approval (Conditions of Approval 16 and 17). ITEM NUMBER: 2 DATE: 8-7-12 Existing Improvements Included in CUP The attached CUP Conditions of Approval and exhibits have been updated to reflect the as-built improvements currently on site, including the theater building, Round Table Pizza, City Hall plus the on-site and public improvements. In 2010, during the construction of Building A (Galaxy Theater and the adjacent retail and restaurants) building permit addendums were submitted to and make some modifications to the elevations remove the second story office space on this building. The CUP includes a condition which gives the Community Development Department staff the authority to approve minor changes to the project that modify the project square footage by less than 10% or address a construction design issue that is not substantive to the Master Plan of Development. The proposal to remove the office space from Building A decreased the square footage project by 10,900 square-feet, and added an additional 1,000 sq. ft. of retail floor area to Building A. The net change in square footage was a reduction of 9,900 sq. ft. which is approximately 5% of the total 199,690 sq. ft. for the Colony Square project, and therefore could be approved at a staff level. The revised elevations maintained the original variation in roof lines, height, tower elements and level of architectural detail, and therefore were determined to be in compliance with the original Master Plan of Development (CUP 2004-0127.) Building A, as currently constructed, is proposed to be included with the current CUP update for consistency purposes. The Round Table Pizza building (previously Cowgirl Café) at 6915 El Camino Real was also included in the original Colony Square CUP. The building was previously owned by Colony Square, LLC was conditioned to be remodeled with new architectural features, landscape and signage for consistency with the surrounding seven new buildings. A tower element was to be added to the corner to give the building height and area for a wall sign. Exhibits and Conditions of CUP currently require remodel of former Cowgirl Café ITEM NUMBER: 2 DATE: 8-7-12 In early 2011, the current Round Table Pizza owners purchased the building and completed a major interior remodel. The exterior was cleaned up with new painted to match the theater building and new landscape. The current owner does not intend to do any additional remodeling on this building. In order to create consistency between the CUP and the existing site, the conditions in the attached resolution have been modified to reflect the current conditions and design of the site and building. If Planning Commission approves the attached resolution as conditioned, no additional improvements will be required on this site. The temporary City Hall building has also been included in the current update to the CUP for consistency purposes. The building at 6917 El Camino Real shall be maintained in its current condition for consistency with the Colony Square Master Plan of Development, regardless of future owner. Proposed Environmental Determination The proposed Conditional Use Permit Amendment is in substantial conformance with Certified Mitigated Negative Declaration 2005-0020, approved for the original Colony square project on August 16, 2005. The original Mitigation Measures are included in the attached resolution without changes. Conclusion A CUP amendment application has been submitted for a reduction in the overall size of the Colony Square project in order to facilitate construction of the remainder of the project in the current construction and financial markets. The larger buildings have been divided into one-story 3,000 to 5,600 sq. ft. buildings that can be built in several phases as tenants become available. The residential and office components would be removed from the second and third floors of buildings B, C, F, G, and H. Building D would remain as originally designed with residential units to be constructed in the future. The overall character and pedestrian oriented design features have been maintained as the focus of the development. The Atascadero Design Review Committee discussed the proposed project amendment on June 26, 2012 and recommends approval of the proposed project as conditioned. The redesign is consistent with the General Plan and the Atascadero Downtown Design Guidelines. The changes are consistent with the character of the original Colony Square project and incorporate high quality architectural design, materials, street trees and landscaping to enhance the downtown. ITEM NUMBER: 2 DATE: 8-7-12 ALTERNATIVES: 1. The Commission may approve the CUP Amendment with modified project conditions. 2. The Commission may continue the hearing and refer the item back to staff for additional information or analysis. Direction should be given to staff and the applicant on required information. 3. The Commission may deny the CUP Amendment if it is found to be inconsistent with the General Plan or any of the other required findings. The Commission’s motion to deny must include a finding basis for denial. ATTACHMENTS: Attachment 1: Location, General Plan, and Zoning Map Attachment 2: Site Aerial Attachment 3: Original Colony Square Master Plan of Development Attachment 4: Draft Resolution 2012-0019 ITEM NUMBER: 2 DATE: 8-7-12 Attachment 1: Location Map, General Plan and Zoning Morro Rd. CP CR Project Site RSF-Y DO D DC OS DC DC General Plan: DC - Downtown Commercial Zoning District: D - Downtown Project Site DC RSF-Y RMF-16 CR DO D DC P RMF-16 OS DC DC RMF-16 ITEM NUMBER: 2 DATE: 8-7-12 Attachment 2: Site Aerial ITEM NUMBER: 2 DATE: 8-7-12 Attachment 3: Original Colony Square Master Plan of Development - Project Info ITEM NUMBER: 2 DATE: 8-7-12 Attachment 3: Original Colony Square Master Plan of Development - Site Plan ITEM NUMBER: 2 DATE: 8-7-12 Attachment 3: Original Colony Square Master Plan of Development - 2nd & 3rd floor ITEM NUMBER: 2 DATE: 8-7-12 Attachment 3: Original Colony Square Master Plan of Development- Elevations ITEM NUMBER: 2 DATE: 8-7-12 Attachment 3: Original Colony Square Master Plan of Development - Elevations ITEM NUMBER: 2 DATE: 8-7-12 Attachment 3: Original Colony Square Master Plan of Development – Cowgirl Café Remodel ( Building E) & Color Board ITEM NUMBER: 2 DATE: 8-7-12 Attachment 3: Original Colony Square Master Plan of Development - Additional Info ITEM NUMBER: 2 DATE: 8-7-12 Attachment 3: Original Colony Square Master Plan of Development - Sections ITEM NUMBER: 2 DATE: 8-7-12 Attachment 3: Original Colony Square Master Plan of Development - Project Description ITEM NUMBER: 2 DATE: 8-7-12 ATTACHMENT 4: Draft Resolution PC 2012-0019 Approval of Amendment to CUP 2004-0127 Colony Square Master Plan of Development DRAFT RESOLUTION PC 2012-0019 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT 2004-0127, COLONY SQUARE MASTER PLAN OF DEVELOPMENT ON APN 029-361-022, 036, 037, 038, 039, 041, 042, 043, 044 and 045 6901 - 6917 El Camino Real (Colony Square, LLC) WHEREAS, an application has been received from Colony Square, LLC, (205 E. Carrillo St, Suite 205 Santa Barbara, CA 93101), Owner, to consider an Amendment to the Colony Square Master Plan of Development, Conditional Use Permit 2004-0127 on a 8.14-acre site located at 6901 - 6917 El Camino Real (APN 029-361-022, 036, 037, 038, 039, 041, 042, 043, 044 and 045); and, WHEREAS, the current General Plan Designation is Downtown (D); and, WHEREAS, the current Zoning District is Downtown Commercial (DC); and, WHEREAS, the proposed Conditional Use Permit Amendment is in substantial conformance with Certified Mitigated Negative Declaration 2005-0020 prepared for the original project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, a Conditional Use Permit is required for all mixed-use projects in the Downtown Commercial zoning district in order to establish a Master Plan of Development; and, WHEREAS, Appearance Review and consistency with the Atascadero Downtown Revitalization Plan are considered for all projects in the Downtown Commercial zoning district; and, WHEREAS, the Atascadero Planning Commission first approved a Master Plan of Development (CUP 2004-0127) for the Colony Square site on August 16, 2005; and, WHEREAS, the Atascadero Design Review Committee discussed the proposed project amendment on June 26, 2012 and recommends Planning Commission approval of the project amendment, as conditioned; and, ITEM NUMBER: 2 DATE: 8-7-12 WHEREAS, the Atascadero Planning Commission, at a duly noticed Public Hearing held on August 7, 2012, studied and considered the Amendment to Conditional Use Permit 2004- 0127, Colony Square Master Plan of Development; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Conditional Use Permit Amendment 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 Amendment; and, NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings for Approval of Conditional Use Permit Amendment. The Planning Commission finds as follows: 1. The proposed project or use is consistent with the General Plan and the City’s Appearance Review Manual; and, 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance); 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; and 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. The proposed project is consistent with the Atascadero Downtown Revitalization Plan Downtown Design Guidelines. ITEM NUMBER: 2 DATE: 8-7-12 SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on August 7, 2012, resolved to approve an Amendment Conditional Use Permit 2004-0127, Colony Square Master Plan of Development, subject to the following: EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program EXHIBIT B-1, 2, 3: Master Plan of Development EXHIBIT C-1, 2: Elevations EXHIBIT D: Building D Floor Plans & Elevations (from 2004 CUP) EXHIBIT E: Project Summary, Square Footage & Allowed Uses EXHIBIT F: Color Board EXHIBIT G-1, 2: Sign and Storefront Guidelines EXHIBIT H-1, 2: Landscape Plan (from 2004 CUP) EXHIBIT I: Granary Tree Plaza Concept (from 2006 TRP) EXHIBIT J: Trash Storage Diagram EXHIBIT K: Project Details (from 2004 CUP) EXHIBIT L-1, 2: Character Photos (from 2004 CUP) EXHIBIT M: Downtown Context Plan (from 2004 CUP) EXHIBIT N-1, 2: Parking Plan (from 2004 CUP) EXHIBIT O-1, 2, 3: As-built Photos: Buildings A & E, and City Hall On motion by Commissioner _________, and seconded by Commissioner ___________ the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA ______________________________ Chuck Ward Planning Commission Chairperson Attest: ____________________________ Warren M. Frace Planning Commission Secretary ITEM NUMBER: 2 DATE: 8-7-12 Exhibit A: 2012 Amended Conditions of Approval & 2004 Mitigation Monitoring Program Colony Square Master Plan of Development, CUP 2004-0127 as Amended 2012 Amended Conditions of Approval / 2004 Mitigation Monitoring Program Colony Square Mixed Use Master Plan of Development Conditional Use Permit 2004-0127 As Amended August 7, 2012 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Planning Services 1. This Conditional Use Permit shall be for 67 residential units, 75,230 66,780 square feet of retail/restaurant space, a 10-screen, 35,000 square foot movie theater, and 17,100 square feet of office space development, parking areas, and landscaping on a 8.14-acre site as described on the attached exhibits and located on parcel APN 029-361-022, 036, 037, 038, 039, 041, 042, 043, 044 and 045 029-361-018, 020, 22 regardless of owner. The existing temporary City Hall building at 6907 El Camino Real is also included within the Master Plan of Development. FM Ongoing PS 2. The approval of a Conditional Use Permit Amendment shall become final and effective for the purposes of issuing a construction permit or establishing a nonstructural use fourteen (14) days following the Planning Commission approval unless prior to that time an appeal to the decision is filed as set forth in Section 9-1.111(b). FM Ongoing PS 3. The Community Development Department shall have the authority to approve the following minor changes to the project that (1) modify the site plan project by less than 10%, (2) result in a superior site design or appearance, and/or (3) address a construction design issue that is not substantive to the Master Plan of Development. The Planning Commission shall have the authority to approve any other changes to the Master Plan of Development and any associated Tentative Maps unless appealed to the City Council. BP / FM Ongoing PS, CE 4. Approval of this Conditional Use Permit shall be valid for twelve (12) 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 (or demolition) permit. Any extension requests shall be forwarded to the Planning Commission for approval. In addition, the last building will be finaled within 18 months of the first building being finaled. BP / FM Completed - CUP has been vested with the construction of Building A PS 5. The applicant shall defend, indemnify, and hold harmless the City of 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 Ongoing PS 6. All subsequent Tentative Map and construction permit applications shall be consistent with the Master Plan of Development contained herein. All construction, development, uses and parking shall be consistent with the attached Exhibits. BP / FM PS, CE ITEM NUMBER: 2 DATE: 8-7-12 2012 Amended Conditions of Approval / 2004 Mitigation Monitoring Program Colony Square Mixed Use Master Plan of Development Conditional Use Permit 2004-0127 As Amended August 7, 2012 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. 7. All landscaping, special paving treatment, pedestrian furniture, potted plant accents, and public art/water elements shall be constructed and located as shown on the Attached Master Plan of Development Exhibits (EXHIBITS I), and shall be subject to staff approval. Ongoing PS, CE 8. Uses shall be restricted as show in Attachment A the allowable use table of the Master Plan of Development (EXHIBIT EI). Office and service commercial uses shall be restricted to the second floor except as noted in the project use matrix. Ongoing PS 9. All exterior elevations, finish materials and colors shall be consistent with the Master Plan of Development as shown in EXHIBITS C, F and O G, H and I of the original CUP Resolution 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.  Decorative iron accents as shown on the proposed elevations shall be of high architectural quality.  All trash storage, recycle storage, and air conditioning units shall be screened from view behind architecturally compatible or landscaped enclosures.  All utility doors (roll up or otherwise) shall be architectural grade and painted to compliment the color scheme of the buildings.  Any proposed exterior street, pedestrian, or building mounted light fixtures shall be of architectural grade and design and shall be compliment the architectural style, subject to staff approval.  Stucco siding shall be smooth troweled or similar. No machine finishes will be permitted.  Tile roofs shall be architectural grade. BP Ongoing PS 10. In addition to the elevations and project details as shown in attached CUP EXHIBITS C, L, and O and the sign program guidelines included in the Master Plan of Development EXHIBIT G, the following signage standards shall apply: a) Main business signage Each tenant shall be allowed a minimum of 20 square feet and a maximum of 50 square feet of signage with the exception of the Movie Theater signage detailed in the Master Plan of Development. Larger signage area may be permitted with Design Review Committee staff approval. All signage within the project shall require staff approval through a building permit. b) One wall sign shall be permitted for each business frontage facing a BP Ongoing PS ITEM NUMBER: 2 DATE: 8-7-12 2012 Amended Conditions of Approval / 2004 Mitigation Monitoring Program Colony Square Mixed Use Master Plan of Development Conditional Use Permit 2004-0127 As Amended August 7, 2012 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. public street, interior parking area, or public plaza. Additional wall signs may be permitted for larger tenants if approved by the Design Review Committee. c) Business shall be allowed a maximum of two out of the following three sign types: awning, wall mounted, and projecting. Window decals and other pedestrian oriented signage shall be permitted as allowed by Atascadero Municipal Code Section 9-15.005 and may be installed in addition to the aforementioned sign types. d) Wall signage shall not be placed above the second floor sill unless otherwise approved by staff. e) Projecting signs shall be subject to the dimensions and clearances identified in Municipal Code section 9-15.0005 (Downtown District Sign regulations). Decorative projecting blade signs and other small scale decorative pedestrian oriented signs are encouraged and shall not count against the maximum sign area allowance for a business as identified in section (a) above, subject to City Staff or Design Review Committee approval. f) The maximum sign area requirements stated above shall not apply to the movie theater in Building A. Any proposed signage and/or exterior lights for the movie theater shall be reviewed by the Community Development Director for consistency with the Master Plan of Development and the Downtown Design Guidelines, prior to issuance of a building permit. g) The movie theater tenant may install changeable copy marquee signs that display information regarding the showing of movies. h) The movie theater tenant may install blinking signs consistent with the character of a historic style theater. i) In addition to a City building permit, all tenant signs shall be approved by the property owner or their designated representative. Signs shall be in compliance with the recorded CC&R’s and the Sign Program approved by the property owner. Tenant sign materials, colors, finishes, dimensions, sign location and lighting shall be reviewed by the project architect. 11. All site work, grading, and site improvements shall be consistent with the Master Plan of Development as shown in attached EXHIBITS B,C, and I. BP/FM Ongoing PS, BS, CE 12. Elements of the Granary Tree Memorial Plaza concept plan (EXHIBIT I) shall be incorporated into the center Town Square plaza to fulfill the conditions of Tree Removal Permit 2006-0097. The property owner shall replant a 72-inch box valley oak replacement tree or equivalent size within the plaza. This replanting shall be in lieu of the tree mitigation fee BP Conditions carried over from PS ITEM NUMBER: 2 DATE: 8-7-12 2012 Amended Conditions of Approval / 2004 Mitigation Monitoring Program Colony Square Mixed Use Master Plan of Development Conditional Use Permit 2004-0127 As Amended August 7, 2012 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. for the three (3) tree removals (two black walnuts and one hazardous granary tree) approved and removed with TRP 2006-0097. An informational plaque describing the historical significance of the granary trees and their connection to the De Anza expedition shall be incorporated into the plaza. TRP 2006-0097 13. Trash enclosures shall be located as shown on EXHIBIT J. Design and sizing of the enclosures shall be reviewed by the Community Development Departments and the Atascadero Waste Alternatives prior to issuance of building permits for each new building. The building permit shall clearly indicate which tenant spaces will use the corresponding dumpsters, and trash enclosures shall be sized according to the number of tenants and building square footage proposed for construction. Enclosures shall be constructed of solid masonry with metal access gates and shall be architecturally compatible with the surrounding buildings. BP PS, Waste Alt. 14. The second bay of the trash enclosure located next to the theater, between Buildings A and E, shall be completed within six (6) months of approval of this CUP Amendment (by February 7, 2013). The enlarged trash enclosure shall contain all trash and recycling dumpsters for use by the theater, the retail and restaurants in Building A, and Building E (Round Table Pizza). If the enclosure cannot be completed within 6 months, a letter shall be submitted to the Community Development Director to request an extension and a proposed date of completion. February 7, 2013 PS 15. The parking lots behind Building B and C shall include landscape buffers along the rear property line to separate the paved parking spaces from the adjacent lot. The landscape buffer shall be a minimum of three (3) feet in width, plus tree wells, and shall be landscaped with shade trees and drought tolerant shrubbery. GP/BP PS 16. The width and design of the walkway between buildings F, G and H shall be reviewed by the Community Development Department during building permit submittal. The walkway shall be of adequate width and shall include pedestrian friendly design features consistent with EXHIBIT L in order to ensure it not feel dark or like solely a service alley. GP/BP PS 17. Additional trees shall be planted throughout the main Town Square plaza, walkways and patio areas near Building F, G and H, subject to staff approval. A landscape plan shall be submitted for this lot with building permits. BP/FO PS 18. The applicant shall work with Community Development Department staff during building permit submittal to finalize the architectural enhancements and exterior paint colors on Building C2. GP/BP PS 19. A final landscape and irrigation plan shall be approved prior to the issuance of building permits, and as follows:  All exterior meters, air conditioning units and mechanical equipment shall BP Ongoing PS, BS ITEM NUMBER: 2 DATE: 8-7-12 2012 Amended Conditions of Approval / 2004 Mitigation Monitoring Program Colony Square Mixed Use Master Plan of Development Conditional Use Permit 2004-0127 As Amended August 7, 2012 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. 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.  Street and parking lot trees shall be minimum 15-gallon size and double staked. 20. Final selection of colors and materials identified in EXHIBIT C and F H and I shall be subject to staff approval. GP/BP Ongoing PS 21. Any future development signage shall be architecturally compatible with the proposed buildings. All future signage shall be subject to the review and approval of planning staff. No signage shall be placed above the first floor roofline. No signage shall be permitted facing the proposed residential uses unless approved by the Design Review Committee. BP Ongoing PS 22. An accurate Tree Protection Plan shall be prepared for encroachment within the drip line of native trees located on or adjacent to the subject parcel. The applicant will contract with a certified arborist to monitor all activity within the drip lines of existing native oak trees designated for preservation. GP/BP Ongoing PS 23. Prior to Final Map, the applicant shall submit Master CC&R’s for maintenance of the commercial lots for review and approval by the Community Development Department. The Master CC&R’s shall record with the Final Map. The applicant may request deferring the Master CC&R’s. Such a request shall be made in writing to the Community Development Director and will be subject to a separate legal agreement regarding the recordation timing of the Master CC&R’s and restriction on the property prior to recordation of the Master CC&R’s. In no cases shall any parcels be sold or transferred, or any structures finaled prior to recordation of the Master CC&R’s. The Master CC&R’s shall include, but are not limited to the following: a) Provisions for maintenance of all common areas including landscaping, exterior lighting, hardscape, plazas, street furniture, and parking facilities; b) Provisions and procedures for dedicated and shared parking spaces for each building. Dedicated parking/easements shall be identified for the two adjacent lots (Parcel 2 and parcel at the corner of El Camino Real and HWY 41, currently Cowgirl Café and bank); c) Maintenance and use provisions for all dedicated trash storage and recycling for each commercial tenant; d) Review and approval process for signage and awnings consistent with Master Plan of Development; Commercial / Master CC&R’s FM Complete PS ITEM NUMBER: 2 DATE: 8-7-12 2012 Amended Conditions of Approval / 2004 Mitigation Monitoring Program Colony Square Mixed Use Master Plan of Development Conditional Use Permit 2004-0127 As Amended August 7, 2012 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. e) Maintenance of roads and common utilities; f) A detailed list of owner’s responsibilities for maintenance of the individual buildings; g) Provisions to ensure compliance with the Master Plan of Development, including architectural standards; h) Provisions to establish a Master Association to enforce CC&R’s. 24. 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. CC&R’s relating to the residential condos will be deferred until the issuance of the residential unit building permits, or as approved by the City Attorney. The deferred items shall include: a) Homeowners Association shall be established; b) Provisions for maintenance of all common areas including shared residential courtyards and residential parking facilities, amenities, etc; c) Provisions and procedures for dedicated residential parking spaces; d) A detailed list of each individual homeowner’s responsibilities for maintenance of the individual units; and e) Provision to ensure compliance with the Master Plan of Development. Residential CC&R’s Residential BP PS 25. A Tentative Tract Map will be required and shall be consistent with all provisions of the Master Plan of Development and conditions contained herein and shall include the following:  Reciprocal access and parking easements shown on the face of the map over common shared areas (exclusive of designated residential parking facilities). TTM /FM Complete PS/CE 26. Approval of this permit shall include the removal of 4 Native Trees, totaling 82 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. Approval of CUP 2004-0127 originally included the removal of 4 Native Trees, totaling 82 inches dbh. The applicant shall be required provide native tree replantings on-site per the requirements of the Atascadero Native Tree Ordinance prior to project completion. If the required number of native tree replantings cannot be located on the subject site, tree mitigation fees shall be paid by the property owner prior to final of the last BP/FO PS ITEM NUMBER: 2 DATE: 8-7-12 2012 Amended Conditions of Approval / 2004 Mitigation Monitoring Program Colony Square Mixed Use Master Plan of Development Conditional Use Permit 2004-0127 As Amended August 7, 2012 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. building. Tree Removal Permit 2006-0097 was approved for the removal of one hazardous Granary tree and two black walnuts. Mitigation for these three tree removals shall include a replacement 72” box tree and a historic informational plaque to be located at the center plaza (see Planning Condition above and EXHIBIT I). 27. The project shall continue to provide dedicated access to the adjacent Rancho-Tee Motel. Deleted 28. Staff may remove up to 14 parking spaces to address on-site vehicle exit queing onto El Camino Real; drop-off/loading zone in front of theater entrance; and increasing pedestrian area within the “convertible parking” area. BP, GP Deleted PS, BS 29. Adjust the existing grade change at the Santa Ysabel driveway (between the Cowgirl Café and Citibank property) for improved visibility entering and exiting the project site. BP, GP Deleted CE Fire Department Conditions 30. Drive aisles to the rear parking areas behind buildings B, C and D shall be reviewed by the Fire Department during building permit submittal to ensure adequate width for emergency access is provided. BP Ongoing FD City Engineer Conditions PROJECT SPECIFIC CONDITIONS Public Improvements (Project Frontage): BP, GP CE 31. El Camino Real: The existing curb gutter and sidewalk along the project frontage shall be replaced with materials and furniture from the approved “Atascadero Streetscape” material and furniture. This will include pavers and colored concrete sidewalk, street trees and grates, benches, street lights, garbage cans and recycle containers. BP, GP Complete CE 32. Storm water: Currently storm water enters the site from the main driveway on El Camino Real in an uncontrolled fashion. This storm water shall be collected in a storm drain inlet and drained to Atascadero Creek. This can be accomplished in El Camino Real or through the project site. BP, GP Complete CE 33. Transit stop: An Atascadero Transit bus stop shall be constructed at the project frontage and shall include a shelter, bench and trash receptacle. BP, GP Deleted CE 34. Passenger Loading: A passenger loading zone will be constructed along the project frontage. This loading zone will not conflict with the transit stop. BP, GP Deleted CE ITEM NUMBER: 2 DATE: 8-7-12 2012 Amended Conditions of Approval / 2004 Mitigation Monitoring Program Colony Square Mixed Use Master Plan of Development Conditional Use Permit 2004-0127 As Amended August 7, 2012 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. 35. Cooperation related to Public Improvements: The applicant shall cooperate and provide any needed access to his property in regard to all public improvements that may need to be installed, by the City, fronting or adjacent to his property. This includes but is not limited to all medians, sidewalks, streetscape and the pedestrian bridge. BP, GP Ongoing CE 36. Driveway Closure: The project proposes to create a right in driveway across El Camino Real for the current Denny’s restaurant and to incorporate the left out component with Rabobank's driveway (the driveways across El Camino Real shall line up with project's Driveway) in order to improve traffic circulation and safety through t he construction of a center median in El Camino Real. Approval from both businesses and all affected property owners must be obtained to complete this work. The applicant shall acquire all easements, agreements, and or title interest in offsite land in order to realign the driveways with the applicants proposed driveway. The Applicant shall be responsible for any onsite private improvements on the above mentioned landowner’s property. The applicant shall provide the City with electronic and hard copies of all approved public improvement plans. FM Completed CE 37. Crosswalk: This project proposes a mid-block crosswalk at the project entrance on El Camino Real. This crosswalk must be designed by a Civil Engineer with experience in pedestrian crossing design. The Applicants Civil Engineer shall provide a letter to the City Engineer stating that the proposed mid-block crosswalk design meets acceptable standards and warrants for pedestrian safety. Consideration in the design shall be given for site distance, vehicle volume and speed, road width, pedestrian refuge, and other considerations. If the crosswalk can not be designed to provide pedestrian crossing that will meet acceptable standards, the crosswalk will not be allowed. BP, GP Deleted CE 38. Street repair: All trenches cuts or work in the asphalt surface shall be repaired to Public Works Standards. All cuts will be saw cut square and even. Small groups of cuts will not be allowed. The repair shall provide a final smooth driving surface. BP, GP Ongoing CE 39. Santa Ysabel Ave (SR 41) and Capistrano Ave.: All existing sidewalk, curbs and gutter and curb ramps shall be smooth, and even without uplifting or major cracks. Any facility not meeting this condition shall be replaced. Public Improvement plans shall be submitted detailing the design. BP, GP Ongoing CE 40. All public improvements shall be constructed in conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. Any work on State Route 41/Santa Ysabel Ave shall be approved by Caltrans. BP, GP Ongoing CE Public Works Improvements (On Site): BP, GP CE 41. All on-site public works improvements will meet City of Atascadero Standards. This includes driveways, sidewalks, parking, drainage, landscaping, lighting, and other public works facilities . FM Ongoing CE ITEM NUMBER: 2 DATE: 8-7-12 2012 Amended Conditions of Approval / 2004 Mitigation Monitoring Program Colony Square Mixed Use Master Plan of Development Conditional Use Permit 2004-0127 As Amended August 7, 2012 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. 42. The applicant shall make a good faith effort to connect to the adjacent bank parking lot and eliminate the existing bank driveway that accesses Santa Ysabel Ave/SR 41. The applicant shall document such good faith efforts and present all documentation of such to the City Engineer who may waive the requirement. FM Deleted CE Drainage: FM CE 43. This project proposes to convey all storm water to Atascadero Creek in two existing culvert systems. One is an existing 12 inch storm drain and the other is (3) 60 inch storm drains. BP, GP CE 44. Drainage calculation. Drainage calculations shall be produced considering all areas tributary to this property. These calculations shall be in conformance the City of Atascadero Engineering Standards. Submit calculations to support the design of any structures or pipes. Closed conduits shall be designed to convey the 10-year flow with gravity flow; the 25-year flow with head, and provide safe conveyance for the 100-year overflow. BP, GP Completed CE 45. A Storm Water Pollution Prevention Plan shall be produced and approved by the Regional Water Quality Control Board and the City of Atascadero. These plans shall recommend mitigation measure during and after construction to eliminate point and non point source pollution into Atascadero Creek. A filter system, mechanical or non, shall be installed with this project. This system shall comply with the intent of National Pollution Discharge Elimination System, Phase II requirements. BP, GP Ongoing CE 46. Obtain approval by the City Engineer of the grading & drainage plan and the storm drain design & facilities. Completed 47. Acquire drainage easements where needed. Drainage shall cross lot lines only where a drainage easement has been provided. BP, GP Completed WW 48. Concentrated drainage from off-site areas shall be conveyed across the project site in drainage easements. BP, GP Completed WW Wastewater: 49. Drainage piping serving fixtures which have flood level rims located below the elevation of the next upstream manhole cover of the public or private sewer serving such drainage piping shall be protected from backflow of sewage by installing an approved type backwater valve Fixtures above such elevation shall not discharge through the backwater valve. BP, GP Ongoing WW 50. All sewer main taps will be done by the City of Atascadero. The developers shall pay a sewer tap fee. Ongoing WW/CE 51. Sewer connection permit shall be issued separately (from building permit) after public sewer extension has been completed and has received a satisfactory final Public Works inspection. Final project inspection shall be BP, GP Ongoing CE ITEM NUMBER: 2 DATE: 8-7-12 2012 Amended Conditions of Approval / 2004 Mitigation Monitoring Program Colony Square Mixed Use Master Plan of Development Conditional Use Permit 2004-0127 As Amended August 7, 2012 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. contingent upon completion of the public sewer extension and Public Works final inspection. Solid Waste Conditions: 52. The City of Atascadero and the Atascadero Waste Alternative shall approve the location, size and design of all solid waste facilities. The facilities shall include room for recycling and green waste containers. The location of the facilities will take into account the collection of the solid waste. BP Ongoing CE/PS Waste Alt. STANDARD CONDITIONS CE 53. In the event that the applicant is allowed to bond for the public improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. FM Completed CE 54. An engineer’s estimate of probable cost shall be submitted for review and approval by the City Engineer to determine the amount of the bond. FM Completed CE 55. The Subdivision Improvement Agreement shall record concurrently with the Final Map. FM Completed CE 56. The applicant shall enter into a Plan Check/Inspection agreement with the City. BP Completed CE 57. The applicant shall acquire title interest in any off-site land that may be required to allow for the construction of the improvements. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress and egress is affected by these improvements. FM Completed CE 58. Slope easements shall be obtained by the applicant as needed to accommodate cut or fill slopes. FM Completed CE 59. Drainage easements shall be obtained by the applicant as needed to accommodate both public and private drainage facilities. FM Completed CE 60. A preliminary subdivision guarantee shall be submitted for review in conjunction with the processing of the parcel map. FM Completed CE 61. The Final Map shall be deemed acceptable to the City Engineer prior to the map being placed on the agenda for City Council acceptance. FM Completed CE 62. Prior to recording the Final Map, the applicant shall pay all outstanding plan check/inspection fees. FM Completed CE 63. Prior to recording the Final Map, the applicant shall complete all improvements required by these conditions of approval or bond for them. FM Completed CE 64. Prior to recording the Final Map, the applicant shall set monuments at all new property corners. A registered civil engineer or licensed land FM Completed CE ITEM NUMBER: 2 DATE: 8-7-12 2012 Amended Conditions of Approval / 2004 Mitigation Monitoring Program Colony Square Mixed Use Master Plan of Development Conditional Use Permit 2004-0127 As Amended August 7, 2012 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. 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. 65. Prior to recording the Final Map, the applicant shall submit a map drawn in substantial conformance with the approved Tentative Map and in compliance with all conditions set forth herein. The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. FM Completed CE 66. All existing and proposed utility, pipeline, open space, or other easements are to be shown on the Final/Parcel map. If there are building or other restrictions related to the easements, they shall be noted on the final/parcel map. The applicant shall show all access restrictions on the Final/Parcel Map. FM Completed CE 67. Prior to recording the Final Map, the applicant shall have the Map reviewed by all applicable public and private utility compani es (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company indicating their review of the map. The letter shall identify any new easements that may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the Parcel Map. FM Completed CE 68. Prior to the issuance of building permits the applicant shall submit plans and supporting calculations/reports including street improvements, underground utilities, composite utilities, and grading/drainage plans prepared by a registered civil engineer for review and approval by the City Engineer. BP Completed CE 69. The applicant shall be responsible for the protection, relocation and/or alteration of existing utilities. FM Ongoing CE 70. The applicant shall install all new utilities (water, gas, electric, cable TV and telephone) underground. FM Ongoing CE 71. The applicant shall monument all property corners for construction control and shall promptly replace them if disturbed. FM Ongoing CE 72. Prior to issuance of building permits, the applicant shall submit a 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. BP, GP ongoing CE 73. Prior to the final inspection, all outstanding plan check and inspection fees shall be paid. BP, GP ongoing CE 74. Prior to the final inspection, the applicant 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 and the Uniform Building Code FM ongoing CE ITEM NUMBER: 2 DATE: 8-7-12 2012 Amended Conditions of Approval / 2004 Mitigation Monitoring Program Colony Square Mixed Use Master Plan of Development Conditional Use Permit 2004-0127 As Amended August 7, 2012 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. (UBC). Atascadero Mutual Water Company 75. 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. GP, BP Completed CE AMWC 76. Before issuance of building permits, the applicant shall obtain a “Will Serve” letter from AMWC for the newly created lots within the subdivision. GP, BP Ongoing CE AMWC 77. The water mains required to serve the project shall be laid out in a grid or looped pattern and shall connect to the existing water mains system in El Camino Real, Morro Rd., and Santa Ysabel Ave. GP, BP Completed CE AMWC 78. 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. GP, BP Ongoing CE AMWC 79. The applicant shall submit a hydraulic analysis with the first plan 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. GP, BP Completed CE AMWC 80. The applicant shall obtain a separate landscape-irrigation meter(s) from AMWC for the common areas within the project. GP, BP Ongoing CE AMWC 81. Landscaping for the common areas shall be drought-tolerant. GP, BP Ongoing CE PS 82. Before the installation of landscape, the Community Development Department construction of the water system improvements, AMWC shall review and approve the irrigation and landscape plans for the common areas within the project. The AMWC may review irrigation plan submittal to shall include the following: a) Landscape irrigation meter location and size. b) Backflow prevention device type, location, and manufacturer. c) Flow and precipitation rate for each circuit. d) Irrigation schedules including schedules for establishment period and post establishment period. e) Total anticipated water application per circuit per month for both GP, BP Ongoing CE PS & AMWC ITEM NUMBER: 2 DATE: 8-7-12 2012 Amended Conditions of Approval / 2004 Mitigation Monitoring Program Colony Square Mixed Use Master Plan of Development Conditional Use Permit 2004-0127 As Amended August 7, 2012 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. schedules. f) Total landscape water application. g) Use drip irrigation where ever possible. h) A check valve shall be installed on the lowest head in each sprinkler circuit. ITEM NUMBER: 2 DATE: 8-7-12 2004 Mitigation Monitoring Program Colony Square Mixed Use Master Plan of Development Conditional Use Permit 2004-0127 As Amended August 7, 2012 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure Mitigation Measures AESTHETICS: Mitigation Measure 1.c.1: The following landscape mitigations shall apply:  The project shall include landscaping of all common areas, including slopes, streetscapes, parking lot shade trees and street trees.  The project shall include entryway feature landscaping and multi-family common area landscaping.  All proposed on-site trees shall be 15-gallon minimum size, double- staked. Street and parking lot trees shall be selected to provide shade over paved areas and pedestrian pathways to reduce urban heat buildup, improve air quality, and provide visual unity to the streetscape.  Common area and public outdoor furniture, lighting fixtures, trash receptacles, and signage shall be of architectural quality and durability. BP PS, BS, CE 1.c.1 Mitigation Measure 1.c.2: The proposed development shall include the use of paint and roof colors designed to compliment the architectural theme and reduce the potential for reflected light and glare. BP PS, BS, CE 1.c.2 Mitigation Measure 1.c.3: Directional signage shall be incorporated into the project in style and compatibility with the proposed project. Any sign lighting shall be low-level external lighting. BP PS, BS, CE 1.c.3 Mitigation Measure 1.d.1: On-site street and parking lot lighting shall 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. Pedestrian luminaire pole heights shall not exceed 12 feet in height, and all street and parking lot lighting shall not exceed 16-feet in height, limit intensity to 2.0 foot candles at ingress/egress, and shall otherwise be within a range of 0.6 foot candle minimum to 1.0 maximum. Fixtures shall be shield cut-off type and compatible with downtown setting, subject to staff approval. BP PS, BS, CE 1.d.1 ITEM NUMBER: 2 DATE: 8-7-12 2004 Mitigation Monitoring Program Colony Square Mixed Use Master Plan of Development Conditional Use Permit 2004-0127 As Amended August 7, 2012 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure Mitigation Measure 3.b: Each development phase shall be conditioned to comply with all applicable District regulations pertaining to the control of construction equipment exhaust emissions and fugitive dust (PM-10) emissions from construction activities as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. Section 6.3: Construction Equipment  Maintain all construction equipment in proper tune according to manufacturer’s specifications.  Fuel all off-road and portable diesel powered equipment, including but not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power units, with ARB certified motor vehicle diesel fuel (Non-taxed version suitable for use off-road).  Maximize to the extent feasible, the use of diesel construction equipment meeting the ARB’s 1996 or newer certification standard for off-road heavy-duty diesel engines.  All on and off-road diesel equipment shall not be allowed to idle for more than 5 minutes. Signs shall be posted in the designated queuing areas to remind drivers and operators of the 5 minute idling limit.  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). The determination of the quantity and type of diesel emission control devices that are appropriate for the project must be performed in consultation with APCD staff three months prior the start of the construction phase. Some consideration will include: amount of cut & fill, age of fleet, project duration and proximity to sensitive receptors. The APCD is concerned about the proximity of this redevelopment project to sensitive receptors such as Atascadero Junior High School. Sensitive receptors may be a consideration in the APCD’s decisions regarding the appropriate mitigation for the construction phase diesel emissions. 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 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. BP, GP PS, BS, CE 3.b ITEM NUMBER: 2 DATE: 8-7-12 2004 Mitigation Monitoring Program Colony Square Mixed Use Master Plan of Development Conditional Use Permit 2004-0127 As Amended August 7, 2012 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure 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 waterin g frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non-potable) water should be used whenever possible. C. All dirt stockpile areas should be sprayed daily as needed. D. Permanent dust control measures identified in the approved project re-vegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities. E. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading should 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 should be complete as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. H. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. I. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should 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 wash off trucks and equipment before 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. L. 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. BP,GP PS, BS, CE 3.b ITEM NUMBER: 2 DATE: 8-7-12 2004 Mitigation Monitoring Program Colony Square Mixed Use Master Plan of Development Conditional Use Permit 2004-0127 As Amended August 7, 2012 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure Mitigation Measure 3.b.2: Demolition Activities The project referral indicated that there are existing structures on the proposed site that will be demolished. Demolition activities can have potential negative air quality impacts, including issues surrounding proper handling, demolition, and disposal of asbestos containing material (ACM). Asbestos containing materials could be encountered during demolition or remodeling of existing buildings. Asbestos can also be found in utility pipes/pipelines (transite pipes or insulation on pipes). If utility pipelines are scheduled for removal or relocation; or building(s) are removed or renovated this project may be subject to various regulatory jurisdictions, including the requirements stipulated in the National Emission Standard for Hazardous Air Pollutants (40CFR61, Subpart M - asbestos NESHAP). These requirements include but are not limited to: 1) notification requirements to the District, 2) asbestos survey conducted by a Certified Asbestos Inspector, and, 3) applicable removal and disposal requirements of identified ACM. Please contact Tim Fuhs of the Enforcement Division at 781-5912 for further information. BP, GP PS,BS, APCD 3.b.2 Mitigation Measure 3.b.3: Naturally Occurring Asbestos The project site is located in a candidate area for Naturally Occurring Asbestos (NOA), which has been identified as a toxic air contaminant by the California Air Resources Board (ARB). Under the ARB 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 NOA is present within the area that will be disturbed. If NOA is not present, an exemption request must be filed with the District (see Attachment 1). 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. Please refer to the APCD web page at: http://www.slocleanair.org/business/asbestos.asp for more information or contact Tim Fuhs of our Enforcement Division at 781-5912. BP, GP PS,BS, APCD 3.b.3 Mitigation Measure 3.b.4: Construction Phase Permitting :Portable equipment, 50 horsepower (hp) or greater, used during construction activities may require California statewide portable equipment registration (issued by the California Air Resources Board) or a District permit. The following list is provided as a guide to equipment and operations that may have permitting requirements, but should not be viewed as exclusive.  Portable generators (50 hp or greater)  Concrete batch plants  Rock and pavement crushing  Tub grinders  Trommel screen BP, GP BS, PS, CE, APCD 3.b.4 ITEM NUMBER: 2 DATE: 8-7-12 2004 Mitigation Monitoring Program Colony Square Mixed Use Master Plan of Development Conditional Use Permit 2004-0127 As Amended August 7, 2012 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure Mitigation Measure 3.b.5: Provide Transit bus stop and transit stop enhancements to serve project site. BP, GP BS, PS, CE, APCD 3.b.5 Mitigation Measure 3.b.6: Provide incentives to employees to carpool/vanpool, take public transportation, telecommute, walk, bike, etc by implementing the Transportation Choices Program. The applicant should Contact SLO Regional Rideshare at 541-2277 to receive free consulting services on how to start and maintain a program. BP, GP BS, PS, CE, APCD 3.b.6 Mitigation Measure 3.b.7: Provide pedestrian signage and signalization to improve pedestrian safety. BP, GP BS, PS, CE, APCD 3.b.7 Mitigation Measure 3.b.8: Provide continuous pedestrian walkways separated from the roadway by landscaping and on street parking, as feasible. BP, GP BS, PS, CE, APCD 3.b.8 Mitigation Measure 3.b.9: Implement on-site circulation design element in parking lots to reduce vehicle queuing and improve the pedestrian and bicycle environment. BP, GP, BS, PS, CE, APCD 3.b.9 Mitigation Measure 3.b.10: Provide engineered connections between the project and the existing network of bicycle routes/paths, as feasible. BP, GP BS, PS, CE, APCD 3.b.10 Mitigation Measure 3.b.11: Provide on-site long and short term secure bicycle parking for residential and commercial elements of the project. BP, GP BS, PS, CE, APCD 3.b.11 Mitigation Measure 3.b.12: Include internal wiring/cable in dwelling units and office buildings that enables multiple points where telecommuting, telelearning and teleconferencing can occur simultaneously. BP, GP BS, PS, CE, APCD 3.b.12 Mitigation Measure 3.b.13: Increase the building energy efficiency rating by 10% above what is required by Title 24 requirements. This can be accomplished in a number of ways (increasing attic, wall, or floor insulation, installing double pane windows, using efficient interior lighting, etc.). BP, GP PS, BS, CE, APCD 3.b.13 Mitigation Measure 3.b.14: Provide outdoor electrical outlets to encourage the use of electric appliances and tools. BP, GP PS, BS, CE, APCD 3.b.14 ITEM NUMBER: 2 DATE: 8-7-12 2004 Mitigation Monitoring Program Colony Square Mixed Use Master Plan of Development Conditional Use Permit 2004-0127 As Amended August 7, 2012 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure Mitigation Measure 3.b.15: Use built-in energy efficient appliances. BP, GP PS, BS, CE, APCD 3.b.15 Mitigation Measure 3.b.16: Use low energy parking lot and street lights. BP, GP PS, BS, CE, APCD 3.b.16 Mitigation Measure 3.b.17: The following uses could be problematic if residential quarters are included in the same building and are not recommended by APCD:  Nail Salons  Dry-cleaners  Coffee Roasters  Gasoline Stations  Furniture refurbishing/refinishing  Any type of Spray Paint Operation BP, GP PS, BS, CE, APCD 3.b.17 BIOLOGICAL RESOURCES: Mitigation Measure: 4.e.1: The Precise Grading Plan shall identify tree protection fencing around the dripline of each existing on-site tree identified for retention within 20 feet of construction activity. BP, GP PS, BS 4.e.1 Mitigation Measure 4.e.2: The building permit site plan shall identify all protection and enhancement measures recommended by the Certified Arborist in the Tree Protection Plan which shall be submitted prior to permit issuance. Tree protection fencing shall be installed at the locations identified in the Tree Protection Plan and/or as recommended by the project arborist. BP, GP PS, BS 4.e.2 ITEM NUMBER: 2 DATE: 8-7-12 2004 Mitigation Monitoring Program Colony Square Mixed Use Master Plan of Development Conditional Use Permit 2004-0127 As Amended August 7, 2012 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure Mitigation Measure 4.e.3: Trees proposed for removal shall be replaced on site as 15 gallon minimum size trees at a 4:1 ratio. All tree impact/replacement mitigation shall be consistent with Atascadero Municipal Code Section 9-11.105. The certified arborists report 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 an 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, and the 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, root zone fencing trunk protection, and any other precautions shall be installed for inspection during the meeting. (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 ¾ 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, o utside 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 of any development phase final status report shall be prepared by the project arborist certifying that the tree protection plan was implemented, the trees designated for protection were protected during construction, and the construction-related tree protection measures are no longer required for tree protection. BP, GP PS, BS 4.e.3 ITEM NUMBER: 2 DATE: 8-7-12 2004 Mitigation Monitoring Program Colony Square Mixed Use Master Plan of Development Conditional Use Permit 2004-0127 As Amended August 7, 2012 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure Mitigation Measure 4.e.4: Grading and excavation work shall be consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include:  All existing trees outside of the limits of work shall remain.  Earthwork shall not exceed the limits of the projec t area.  Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done.  Vehicles and stockpiled material shall be stored outside the dripline of all trees.  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.  Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal BP,GP PS,BS 4.e.4 GEOLOGY AND SOILS: Mitigation Measure 6.b.1: The Building Permit Application plans shall include 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. GP PS, BS, CE 6.b.1 Mitigation Measure 6.b.2: All cut and fill slopes shall be treated with an appropriate erosion control method (erosion control blanket, hydro-mulch, or straw mulch appropriately anchored) immediately after c ompletion of earthwork between the months of October 15 through April 15. All disturbed slopes shall have appropriate erosion control methods in place. Duration of the project: The contractor will be responsible for the clean up of any mud or debris that is tracked onto public streets by construction vehicles. GP PS, BS, CE 6.b.2 Mitigation Measure 6.c.d.1: A site-specific soils report shall be required to be submitted with a future building permit by the community development department. The building plans will be required to follow the recommendations of the soils report to assure safety for occupants and buildings. BP, GP PS, BS, CE 6.c.d.1 ITEM NUMBER: 2 DATE: 8-7-12 2004 Mitigation Monitoring Program Colony Square Mixed Use Master Plan of Development Conditional Use Permit 2004-0127 As Amended August 7, 2012 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure HYDROLOGY AND WATER QUALITY: Mitigation Measure 8e.f.1: A Storm Water Pollution Prevention Plan (SWPPP)/Erosion Control Plan shall be submitted by the applicant and reviewed and approved by the City Engineer prior to the issuance of the building permit. The plan shall include storm water measures for the operation and maintenance of the project for the review and approval of the RWQCD and the City Engineer. The Building Permit application plans shall identify Best Management Practices (BMPs) appropriate to the uses conducted on site that effectively prohibit the entry of pollutants into storm water runoff. TO, FI PS, BS, FD 8.e.f.1 Mitigation Measure 8.e.f.2: The developer is responsible for ensuring that 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 work orders. GP PS, BS, CE 8e.f.2 Mitigation Measure 8.e.1: The proposed storm drain system, including the on-site drainage basins, shall be designed per the City of Atascadero Engineering standards, subject to review and approval of the City Engineer. GP PS, BS, CE 8.e.1 NOISE: Mitigation Measure 11.a.b.1: All construction activities shall comply with the City of Atascadero Noise Ordinance for hours of operation. Failure to comply with the noise ordinance may result in withholding of inspections and possible construction prohibitions, subject to the review and approval of the Community Development Director, and in addition to penalties identified in the Ordinance. GP, BP PS, BS, CE 11.a.b.1 TRANSPORTATION/TRAFFIC: ITEM NUMBER: 2 DATE: 8-7-12 2004 Mitigation Monitoring Program Colony Square Mixed Use Master Plan of Development Conditional Use Permit 2004-0127 As Amended August 7, 2012 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure Mitigation Measure 15.f.1: The project entrance on El Camino Real shall operate at Level of Service “C” or better during am and pm peak hour traffic flow. The existing driveways across El Camino Real from the project entrance, Denny’s Restaurant and Rabobank, shall be incorporated into one driveway that is directly across the entrance. Landscaped medians with turn pockets will be placed on El Camino Real to control turning movements. Traffic signal or other traffic control device may be place in order to achieve Level of Service “C”. This device shall be approved by Caltrans and Public Works to be sure it does not conflict with existing traffic control on El Camino Real. BP, CE PS, BS, CE 15.f.1 Mitigation Measure 15.f.2: A pedestrian crossing shall be constructed across El Camino Real. This pedestrian crossing will be designed and constructed to allow pedestrians sufficient time to cross El Camino Real and provided sufficient site distance and warning for vehicles to stop for the pedestrians. A refuge area will be placed in the median in El Camino Real for pedestrians. BP, CE PS, BS, CE 15.f.2 Mitigation Measure 15.f.4: The intersection of Capistrano, Lewis Avenue, and the project entrance shall be a 4 way stop with crosswalks. BP, CE PS, BS, CE 15.f.4 Mitigation Measure 15.f.5: A transit stop shall be incorporated into the project frontage along El Camino Real. The transit stop shall have a turn out, signage and shelter designed to City Standards and approved by Atascadero Transit. BP, CE PS, BS, CE 15.f.5 Mitigation Measure 15.f.6: Passenger drop off zone will be incorporated into the project frontage on El Camino Real. This drop off zone will not conflict with the transit stop. BP, CE PS, BS, CE 15.f.6 Mitigation Measure 15.f.7: The interior circulation system shall allow vehicles to access to the 3 project driveways with clear and unobstructed travel. The parking lot and parking spaces shall be designed per the Municipal Code 9-4. Parking spaces shall be set back far enough from the project entrances to allow vehicles to enter the site without having to wait on the City street for vehicles backing out of parking spaces. BP, CE PS, BS, CE 15.f.7 ITEM NUMBER: 2 DATE: 8-7-12 2004 Mitigation Monitoring Program Colony Square Mixed Use Master Plan of Development Conditional Use Permit 2004-0127 As Amended August 7, 2012 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure Mitigation Measure 15.f.8: The project applicant shall acquire one or more written legal parking agreements with property owners of adjacent or nearby parking sites for an amount to satisfy maximum peak parking demands (as identified in Table B) during the any day of the week . The parking agreement shall be approved by the City prior to issuance of building permit. BP, CE PS, BS, CE 15.f.8 ITEM NUMBER: 2 DATE: 8-7-12 Exhibit B-1: Master Plan of Development – 2012 Amendment Colony Square, CUP 2004-0127 as Amended 8/7/12 Area of 2012 amendment ITEM NUMBER: 2 DATE: 8-7-12 Exhibit B-2: 2005 Master Plan of Development – 1st Floor Colony Square, CUP 2004-0127 This area superseded by 2012 amendment (see Exhibit B-1) ITEM NUMBER: 2 DATE: 8-7-12 Exhibit B-3: 2005 Master Plan of Development - 2nd & 3rd floor Colony Square, CUP 2004-0127 This area superseded by 2012 amendment (see Exhibit B-1) All residential unit entitlements and parking requirements transferred to Building D. Building D ITEM NUMBER: 2 DATE: 8-7-12 Exhibit C-1: Elevations Colony Square, CUP 2004-0127 as Amended 8/7/12 ITEM NUMBER: 2 DATE: 8-7-12 Exhibit C-2: Elevations Colony Square, CUP 2004-0127 as Amended 8/7/12 ITEM NUMBER: 2 DATE: 8-7-12 Exhibit D: Building D Floor Plans, Sections & Elevations (Carried over from original CUP approval) Colony Square, CUP 2004-0127 as Amended 8/7/12 ITEM NUMBER: 2 DATE: 8-7-12 Exhibit E: Project Summary, Square Footage & Allowed Uses Colony Square, CUP 2004-0127 as Amended 8/7/12 ITEM NUMBER: 2 DATE: 8-7-12 Exhibit F: Color Board Colony Square, CUP 2004-0127 as Amended 8/7/12 Building C2: Benjamin Moore HC-52 Ansonia Peach ITEM NUMBER: 2 DATE: 8-7-12 Exhibit G-1: Sign & Storefront Guidelines Colony Square, CUP 2004-0127 as Amended 8/7/12 ITEM NUMBER: 2 DATE: 8-7-12 Exhibit G-2: Sign & Storefront Guidelines (Building A Example Diagrams) Colony Square, CUP 2004-0127 as Amended 8/7/12 ITEM NUMBER: 2 DATE: 8-7-12 Exhibit H-1: Landscape Plan (carried over from original CUP) Colony Square, CUP 2004-0127 as Amended 8/7/12 ITEM NUMBER: 2 DATE: 8-7-12 Exhibit H-2: Landscape Plan Detail (carried over from original CUP) Colony Square, CUP 2004-0127 as Amended 8/7/12 ITEM NUMBER: 2 DATE: 8-7-12 Exhibit I: Granary Tree Plaza Concept Carried over from 2006 Granary tree removal Conditions of Approval Colony Square, CUP 2004-0127 as Amended 8/7/12 [Type a quote from the document or the summary of an interesting point. You can position the text box anywhere in the document. Use the Drawing Tools tab to change the formatting of the pull quote text box.] Historical information plaque & 72” box valley oak tree required per 2006 tree removal permit Granary tree memorial plaza may be combined with the large center plaza “Town Square” ITEM NUMBER: 2 DATE: 8-7-12 Exhibit J: Trash Storage Diagram Colony Square, CUP 2004-0127 as Amended 8/7/12 Trash Enclosure 1:  Serves Building A retail & restaurants, theater, and Building E (Round Table Pizza)  First bay completed 2011  Second bay to be completed by Feb. 2013 Trash Enclosure 4:  Serves Buildings F, G & H  To be sized according to square footage and uses at time of building permits  Will be screened with landscape Trash Enclosure 2:  Serves Buildings B1, B2 and any overflow identified from Build A retail & restaurants  Sizing shall be determined based on tenants and square footage existing and proposed at Colony Square at the time building permit submittal for B1 & B2.  A landscape buffer shall be provided between the enclosure and the adjacent property if proposed near the property line Trash Enclosure 5:  Dumpster locations to be designed into Building D  Will be reviewed during building permits or if CUP amendment is submitted for modifications of this building Trash Enclosure 3:  Serves Buildings C1 and C2  To be sized according to square footage and uses at time of building permits  A landscape buffer shall be provided between the enclosure and the adjacent property if proposed near the property line ITEM NUMBER: 2 DATE: 8-7-12 Exhibit K: Project Details (carried on from original project plans) Colony Square, CUP 2004-0127 as Amended 8/7/12 ITEM NUMBER: 2 DATE: 8-7-12 Exhibit L-1: Character Photos (carried on from original project plans) Colony Square, CUP 2004-0127 as Amended 8/7/12 ITEM NUMBER: 2 DATE: 8-7-12 Exhibit L-2: Character Photos (carried on from original project plans) Colony Square, CUP 2004-0127 as Amended 8/7/12 ITEM NUMBER: 2 DATE: 8-7-12 Exhibit M: Downtown Context Plan (carried on from original project plans) Colony Square, CUP 2004-0127 as Amended 8/7/12 ITEM NUMBER: 2 DATE: 8-7-12 Exhibit N-1: Parking Plan – Weekdays (Carried on from original project plans) Colony Square, CUP 2004-0127 as Amended 8/7/12 ITEM NUMBER: 2 DATE: 8-7-12 Exhibit N-2: Parking Plan – Nights & Weekends (Carried on from original project plans) Colony Square, CUP 2004-0127 as Amended 8/7/12 ITEM NUMBER: 2 DATE: 8-7-12 Exhibit O-1: Building A – Galaxy Theater & Retail/Restaurants Site photos of approved & as-built projects to be incorporated into CUP Colony Square, CUP 2004-0127 as Amended 8/7/12 ITEM NUMBER: 2 DATE: 8-7-12 Exhibit O-2: Building E – Round Table Pizza Site photos of approved & as-built projects to be incorporated into CUP Colony Square, CUP 2004-0127 as Amended 8/7/12 ITEM NUMBER: 2 DATE: 8-7-12 Exhibit O-3: Temporary City Hall, 6907 El Camino Real Site photos of approved & as-built projects to be incorporated into CUP Colony Square, CUP 2004-0127 as Amended 8/7/12