Loading...
HomeMy WebLinkAboutPC_2009-02-17_AgendaPacketCITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Tuesday, February 17, 2009 — 7:00 P.M. City Hall Council Chambers 6907 El Camino Real Atascadero, California CALL TO ORDER Pledge of Allegiance Roll Call: Chairperson Jack Vice Chairperson Vacant Commissioner Bentz Commissioner Moreno Commissioner Sturtevant Commissioner Schmidt Commissioner Ward 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 and address 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 A. ADMINISTRATION OF OATH OF OFFICE Marcia Torgerson, City Clerk, will administer the Oath of Office to new Planning Commissioner Len Colamarino. B. ELECTION OF CHAIRPERSON AND VICE CHAIRPERSON The Commission will select a Chairperson and Vice Chairperson. City of Atascadero Planning Commission Agenda CONSENT CALENDAR Regular Meeting, February 17, 2009 Page 2 of 4 (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 MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON JANUARY 6, 2009. 2. PLN 2009-0789, APPROVAL OF TIME EXTENSION FOR 5715 & 5735 ROSARIO AVE. (RAVATT, MAYER) COMMUNITY DEVELOPMENT STAFF REPORTS 3. PLN 2009-1316/TREE REMOVAL PERMIT FOR 7405 DEL RIO ROAD Property Owner: Steve and Eve Williams, 17643 Community Street, Northridge, CA 91325-3923 Certified Arborist: Henry Curtis, Certified Arborist, 5456 Bolsa Ave., Atascadero, CA 93422 Project Title: PLN 2009-1316 / TRP 2009-0125 Project Location: 7405 Del Rio Road, Atascadero, CA 93422 APN 049-241-049 (San Luis Obispo County) Project Description: A request to remove one (1) live oak totaling 28 inches DBH to make repairs to foundation. 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 invited to provide testimony to the Commission following the applicant. Speakers should state their name and address 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 the Commission will discuss the item and take appropriate action(s).) City of Atascadero Planning Commission Agenda Regular Meeting, February 17, 2009 Page 3 of 4 4. PLN 2099-0997 / ZONE CHANGE TEXT AMENDMENT, CONDITIONAL USE PERMIT AMENDMENT AND TENTATIVE TRACT MAP FOR 9000 WEST FRONT ROAD Property Owner: West Front Village, LLC, 1301 Chorro Street, San Luis Obispo, CA 93401 Applicants: Richard Shannon, John Rossetti, & Jim Shores, 6755 EI Camino Real, Atascadero, CA 93422 Project Title: PLN 2099-0997 (ZCH Text Amendment, CUP Amendment, & TTM) Project 9002 West Front Road & 9000-9092 Coromar Ct., Atascadero, CA 93422 Location: APN 056-131-034 thru 056-131-065, 022, 023 (San Luis Obispo County) Project The project consists of an application to amend the Conditional Use Permit Description: (Master Plan of Development) for West Front Village. The floor plans on the residential lots have been redesigned and the common driveways and attached garages have been eliminated. Modifications to the architectural design of the residential units are proposed. The gas station on Lot 2 of the commercial portion is proposed to be replaced with a 4,880 square foot commercial retail building. A new Tentative Tract Map is proposed with the same number of lots as the originally approved Tract Map. The residential lots and Lot 2 of the commercial development have been reconfigured to fit the redesigned floor plans. The application also includes a Zone Change Text Amendment to change the language in the PD -23 standards to match the new project layout. Amendments to the original conditions of approval are proposed. General Plan Designation: GC, MDR Zoning District: CR, RMF -10, PD -23 Proposed Consistent with Certified Mitigated Negative Declaration 2005-0165. Environmental Determination: COMMISSIONER COMMENTS AND REPORTS DIRECTOR'S REPORT ADJOURNMENT The next regular meeting of the Planning Commission is scheduled for March 3, 2009, 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, February 17, 2009 Page 4 of 4 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 EI Camino Real, Atascadero. Matters are considered by the Commission 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 Annex business hours at the Community Development counter 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. 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, (805) 461-5000, or the City Clerk's Office, (805) 461-5000. 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 AGENDA ITEMS 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 Commission regarding the matter being considered to step up to the podium. If you wish to speak for, against, or comment in any way: • You must approach the podium and be recognized by the Chairperson • Give your name and address (not required) • Make your statement • All comments should be made to the Chairperson and Commission • All comments limited to 3 minutes (unless changed by the Commission) • No one may speak for a second time until everyone wishing to speak has had an opportunity to do so, and no one may speak more than twice on any item. If you wish to use a computer presentation to support your comments, you must notify the Community Development Department at least 24 hours prior to the meeting. Access to hook up your laptop to the City's projector will 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 Chairperson 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 Council. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, "PUBLIC HEARINGS", the Chairperson will call for anyone from the audience having business with the Commission to: • Please approach the podium and be recognized • Give your name and address (not required) • State the nature of your business This is the time items not on the Agenda may be brought to the Commission's attention. A maximum of 30 minutes will be allowed for Community Forum (unless changed by the Commission). CALL TO ORDER ITEM NUMBER: 1 DATE: 2-17-09 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting Tuesday, January 6, 2009 — 7:00 P.M. Chairperson Jack called the meeting to order at 7:00 p.m. and Vice Chairperson O'Grady led the Pledge of Allegiance. ROLL CALL Present: Commissioners Heatherington, Moreno, Sturtevant, Bentz, Vice Chairperson O'Grady, and Chairperson Jack Others Present: Recording Secretary Susanne Anshen Staff Present: Community Development Director Warren Frace, and Associate Planner Callie Taylor APPROVAL OF AGENDA MOTION: By Vice Chairperson O'Grady and seconded by Commissioner Bentz to approve the agenda. Motion passed 6:0 by a roll -call vote. PUBLIC COMMENT None. Chairperson Jack closed the Public Comment period. PC Draft Minutes of 01/06/09 Page 1 of 6 PLANNING COMMISSION BUSINESS None. CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON DECEMBER 2, 2008. 2. APPROVAL OF MINUTES OF THE SPECIAL JOINT MEETING ON NOVEMBER 12, 2008. 3. APPROVAL OF MINUTES OF THE SPECIAL JOINT MEETING ON NOVEMBER 22, 2008. 4. APPROVAL OF MINUTES OF THE SPECIAL JOINT MEETING ON DECEMBER 17, 2008. 5. APPROVAL OF TIME EXTENSION ON TENTATIVE TRACT MAP 2003-0044, 9105 PRINCIPAL (PRINCIPAL PARTNERS, LP) Chairperson Jack pulled Item No. 1 and 4. Vice Chairperson O'Grady asked to pull Item No. 5 and another member of the Commission pulled Item No. 3. Chairperson Jack stated insofar as four of the five items have been pulled, he would discuss each item separately. As to Item No. 1, Chairperson Jack made a correction on page 4 of the December 2, 2008, minutes changing "lives next door" to "lives two doors down". MOTION: By Commissioner Heatherington and seconded by Commissioner Moreno to approve Item No. 1 on the Consent Calendar, Minutes of the Regular Planning Commission Meeting on December 2, 2008, as corrected. Motion passed 4:0:2 by a roll -call vote. (Commissioners Sturtevant and Bentz abstained.) As to Item No. 2, Commissioner Heatherington questioned whether she attended this meeting, but it was clarified she had attended. MOTION: By Commissioner Heatherington and seconded by Commissioner Moreno to approve Item No. 2 on the Consent Calendar, Minutes of the Special Joint Meeting on November 12, 2008, with no corrections. Motion passed 4:0:2 by a roll -call vote. (Commissioners Sturtevant and Bentz abstained.) PC Draft Minutes of 01/06/09 Page 2 of 6 Community Development Director Warren Frace advised the Commissioners they need not have attended a meeting to vote on approval of the minutes. MOTION: By Commissioner Heatherington and seconded by Commissioner Moreno to approve Item No. 3 on the Consent Calendar, Minutes of Special Joint Meeting on November 22, 2008, with no corrections. Motion passed 6:0 by a roll -call vote. Chairperson Jack stated he was, in fact, in attendance at the Special Joint Meeting held on December 17, 2008. MOTION: By Vice Chairperson O'Grady and seconded by Commissioner Moreno to approve Item No. 4 on the Consent Calendar, Minutes of the Special Joint Meeting on December 17, 2008, correcting the those present to include Sandy Jack. Motion passed 6:0 by a roll -call vote. Commissioner O'Grady pulled Item No. 5 because of the extension and asked staff for a more detailed explanation why the project is not going forward. Associate Planner Callie Taylor stated the owners do not have the money to move forward at this time. MOTION: By Commissioner Bentz and seconded by Commissioner Moreno to approve Item No. 5 on the Consent Calendar, Approval of Time Extension on Tentative Tract Map 2003-0044, 9105 Principal (Principal Partners LP), with no corrections. Motion passed 6:0 by a roll -call vote. COMMUNITY DEVELOPMENT STAFF REPORTS 6. PLN 2008-1309, TREE REMOVAL FOR 5171 VEGA AVENUE Owner/Applicant: Thomas & Gina Carter, 6201 Monterey Court, Atascadero, CA 93422 PLN 2008-1309 / TRP 2008-0123 Project Title: Tree Removal Permit for Single -Family Residence Project Location: 5171 Vega Avenue, Atascadero, CA 93422 (San Luis Obispo County) APN 030-161-002 The project consists of an application to construct a 3,034 square -foot single - Project family residence with a 624 square -foot attached garage and driveway on an Description: existing lot of record. An additional 1,024 square feet of storage area and a bathroom are located on the bottom floor under the residence. The lot is 2.23 acres with an average 14 % slope at the proposed building pad. An open area PC Draft Minutes of 01/06/09 Page 3 of 6 DISCLOSURE OF EX PARTE COMMUNICATIONS: • Commissioner Sturtevant spoke with Mr. Carter on this project. • Vice Chairperson O'Grady visited the site, but did not speak with anyone. Associate Planner Callie Taylor presented the staff report. Associate Planner Callie Taylor and Community Development Director Warren Frace answered questions of the Planning Commissioners. PUBLIC COMMENT: Tom Carter, applicant, spoke about his mitigation efforts toward limiting the number of trees to be removed as well as his concern of the dead wood and tree health. Mr. Carter indicated the in order to use the sewer system, they would need to pump uphill and, therefore, a septic system is advised for this parcel. Mr. Carter stated because of the 20 percent cut-off, the driveway off of Vega is the only possible driveway access. Tom Carter answered questions of the Planning Commissioners regarding the location of the solar panels, reasons for placing the driveway on Vega Avenue, and location of the utilities alongside the driveway. Steven Alvarez, applicant's arborist, discussed the changes they made in order to mitigate the impact upon the parcel from the need to remove trees and the improvement to the fire hazard on the parcel. Chairperson Jack closed the Public Comment period. Vice Chairperson O'Grady asked Associate Planner Callie Taylor questions in regard to the Native Tree Ordinance removal criteria. PC Draft Minutes of 01/06/09 Page 4 of 6 is proposed to be graded at the top of the driveway for additional parking, storage, and RV parking. The proposed project will require approximately 968 cubic yards of cut and 887 cubic yards of fill. The proposed residence will take access from Vega Avenue and will be served by an on-site septic system. Thirty (30) native Blue Oaks, Valley Oaks, and Live Oaks totaling 297 inches DBH are proposed for removal. General Plan Designation: SFR -Z Zoning District: RSF-Z Proposed Based on the Initial Study prepared for the project, a Mitigated Negative Environmental Declaration is proposed. The Mitigated Negative Declaration is available for Determination• public review from 12-18-08 through 1-6-09 at 6907 EI Camino Real, Community Development Department from 8:00 a.m. to 5:00 p.m. Monday through Friday. DISCLOSURE OF EX PARTE COMMUNICATIONS: • Commissioner Sturtevant spoke with Mr. Carter on this project. • Vice Chairperson O'Grady visited the site, but did not speak with anyone. Associate Planner Callie Taylor presented the staff report. Associate Planner Callie Taylor and Community Development Director Warren Frace answered questions of the Planning Commissioners. PUBLIC COMMENT: Tom Carter, applicant, spoke about his mitigation efforts toward limiting the number of trees to be removed as well as his concern of the dead wood and tree health. Mr. Carter indicated the in order to use the sewer system, they would need to pump uphill and, therefore, a septic system is advised for this parcel. Mr. Carter stated because of the 20 percent cut-off, the driveway off of Vega is the only possible driveway access. Tom Carter answered questions of the Planning Commissioners regarding the location of the solar panels, reasons for placing the driveway on Vega Avenue, and location of the utilities alongside the driveway. Steven Alvarez, applicant's arborist, discussed the changes they made in order to mitigate the impact upon the parcel from the need to remove trees and the improvement to the fire hazard on the parcel. Chairperson Jack closed the Public Comment period. Vice Chairperson O'Grady asked Associate Planner Callie Taylor questions in regard to the Native Tree Ordinance removal criteria. PC Draft Minutes of 01/06/09 Page 4 of 6 MOTION: By Commissioner Bentz and seconded by Commissioner Moreno to adopt resolution PC 2008-0056 to allow the removal of 30 native trees totaling 297 inches DBH subject to conditions of approval. Vice Chairperson O'Grady stated General Plan requires the City to review fees on a regular basis, and tree removal fees have not been reviewed since 1999; and he expressed his concern over the low per tree fee the City currently charges which is not indicative of the real value of trees. Chairperson Jack called for the motion. Motion passed 5:1 by a roll -call vote. (Commissioner Heatherington opposed.) PUBLIC HEARINGS: • None. DISCLOSURE OF EX PARTE COMMUNICATIONS: 5111110,01 rem COMMISSIONER COMMENTS AND REPORTS • Vice Chairperson O'Grady restated his request for City Staff to look into the pile of light poles on Highway 41 east of San Gabriel, as the poles are still on that location. Community Development Director Warren Frace indicated staff has been in contact the Granite Construction (owner of the poles) and Caltrans to get them removed. • Vice Chairperson O'Grady asked staff about the reappearance of a bail bond sign on a vehicle at the EI Mariachi Restaurant, and staff indicated it has already been removed. • Commissioner Moreno asked if the large boxes on Highway 101 southbound, north of Traffic Way have been addressed. Community Development Director Warren Frace said he would check with Public Works. • Chairperson Jack discussed training goals for the Planning Commission, and handed out packet to the Commissioners and asked the Commissioners to prioritize the listed goals and return the list to him. PC Draft Minutes of 01/06/09 Page 5 of 6 DIRECTOR'S REPORT • Planners Institute will be held March 25 -27, 2009, in Anaheim by the League of California Cities, and there are funds available to have all the Commissioners attend this training. • Two at -large positions on the Planning Commission will be filled by Dennis Schmidt and Chuck Ward; and he further stated tonight is Commissioner Pamela Heatherington's last meeting. • The agenda for the next meeting of the Planning Commission on January 20th is very light. The Planning Commissioners thanked Pamela Heatherington for her service to the Planning Commission. ADJOURNMENT Chairperson Jack adjourned the meeting at 8:12 p.m. to the next regular meeting of the Planning Commission is scheduled for January 20, 2009, at City Hall, Council Chambers, 6907 El Camino Real, Atascadero, CA. MINUTES PREPARED BY: Susanne Anshen, Recording Secretary PC Draft Minutes of 01/06/09 Page 6 of 6 ITEM NUMBER: 2 DATE: 2-17-09 Atascadero Planning Commission Staff Report — Community Development Department Kelly Gleason, Senior Planner, 470-3436, kgleason@atascadero.org PLN 2099-0789 Time Extension TTM 2005-0078 5715/5735 Rosario Ave. (Ravatt, Mayer) SUBJECT: The consideration of a one-year time extension for Tentative Tract Map 2005-0078. RECOMMENDATION: Staff recommends Planning Commission adopt Resolution PC 2009-0003 thereby approving a one-year time extension of Tentative Tract Map 2005-0078 in compliance with Sections 11-4.23(a) and 11-4.33(b) of the Subdivision Ordinance. Situation and Facts: 1. Owner / Applicant: Greg Ravatt & Bettina Mayer, 5735 Rosario Ave., Atascadero, CA 93422 2. Project Address: 5715/5735 Rosario, Atascadero, CA 93422 APN: 029-252-001 3. General Plan Designation: MDR (Medium Density Residential) 4. Zoning District: RMF -10 / PD -28 (Residential Multi -Family -10 / Planned Development #28) 5. Site Area: 1.12 acres 6. Existing Use: Single-family Residence 7. Environmental Status: Certified Mitigated Negative Declaration 2004-0024 DISCUSSION: Background: Surrounding Land Use and Setting North: Residential Multi -family South: Residential Multi -family ITEM NUMBER: DATE: East: Residential Multi -family West: Residential Multi -family 9-17_n9 I Proposed I Project Site The project site is within the Medium Density Residential General Plan Land Use Designation and is zoned Residential Multi -family -10, which allows for a maximum density of 10 units per acre. The properties along Rosario Avenue in the vicinity of the project site are developed with single-family residences and multi -family developments. ANALYSIS: The proposed site plan has been designed to meet the requirements of the Atascadero Municipal Code and the Appearance Review requirements of the General Plan. The project includes construction of nine, new attached and detached homes on individual lots including the restoration of the existing Colony Home and surrounding gardens. The units provide approximately 1,400 to 1,600 square -feet of living space with a minimum one -car attached garage. ITEM NUMBER: 2 DATE: 2-17-09 Tentative Tract Map An 11 lot Tentative Tract Map (TTM 2005-0078) was approved as part of the project consistent with the Master Plan of Development and custom Planned Development Overlay Zone. Lot 11 is proposed as a common space lot that contains the proposed gardens and common drainage facilities. The Tract Map was conditioned to meet all City standards including on-site and off-site street improvements. No additional conditions are recommended at this time. General Plan Consistency The proposed project remains consistent with the following General Plan Land Use and Housing Element Policies: Land Use Policy 1.1: "Preserve the rural atmosphere of the community and assure "elbow room" in areas designed for lower density development by guiding new development into the Urban Core to conform to the historic Colony land use patterns of the City and to respect the natural environment, hillside area and existing neighborhoods." Land Use Program 1.1.7: "Within the Urban Core encourage infill development or revitalization or reuse of land already committed to urban development where utilities and public services exist. " Land Use Policy 2.1: "Ensure that new development is compatible with existing and surrounding neighborhoods. " Land Use Policy 6.4: "Encourage conservation and preservation of structures and houses that have historical and architectural significance." Housing Element Policy 4.3: "Encourage attractive architecture and site landscaping that respect terrain and native trees." In staff's opinion the proposed project remains consistent with the goals and policies of the Land Use Element and the Housing Element. The project will provide 10 residential units within the medium -density residential zone including one restored Colony Home. As conditioned, the project incorporates elements that are consistent with the scale and character of the surrounding residential neighborhood and the goals and policies of the General Plan. Map History: TTM 2005-0078 Approval Expiration Original Approval 1/23/2007 1/23/2009 Automatic Extension (SB 1185) 1/23/2009 1/23/2010 Proposed Extension (Applied 9/23/08) 2/17/2009 1/23/2011 ITEM NUMBER: 2 DATE: 2-17-09 CONCLUSION: The City Council found that the proposed subdivision map, as conditioned, is consistent with the 2002 General Plan and Zoning Ordinance and the lot configurations are consistent with the requirements of the Subdivision Ordinance. Staff recommends the Planning Commission approve the Time Extension as requested. ALTERNATIVES: 1. The Commission may approve the Time Extension subject to additional or revised project conditions. 2. The Commission may deny the Time Extension 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. 3. 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. ATTACHMENTS: Attachment 1 — Location Map, TTM 2005-0078 (General Plan & Zoning) Attachment 2 — Vesting Tentative Tract Map TTM 2005-0078 Attachment 3 — Conditions of Approval / Mitigation Monitoring TTM 2005-0078 Attachment 4 — Draft Resolution 2009-0003 TTM 2005-0078) ATTACHMENT 1: Location Map (General Plan / Zoning) TTM 2005-0078 5715/5735 Rosario Avenue ITEM NUMBER: DATE: 2-17-09 Zoning District: RMF/PD28 (Residential Multi -Family -10 / Planned Development #28) Land Use Designation: Medium Density Residential (MDR) I Proposed I Project Site High Density Residential Downtown Commercial ITEM NUMBER: 2 DATE: 2-17-09 Attachment 2: Vesting Tentative Tract Map TTM 2005-0078 F �jl oll �q ol a -- -- X- -- ITEM NUMBER: DATE: 2-17-09 Attachment 3: Conditions of Approval / Mitigation Monitoring TTM 2005-0078 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure BL: Business PS: Planning Services 571515735 Rosario Ave. License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer Banker House Planned Development TO: Temporary Occupancy WW: Wastewater CA: City Attorney F0: Final Occupancy Planning Services 1. The approval of this zone change and use permit shall become final and FM PS effective following City Council approval. 2. The approval of this use permit shall become final and effective for the FM PS purposes of issuing building permits thirty (30) days following the City Council approval of ZCH 2005-0109 and ZCH 2006-0128 upon second reading, unless prior to that time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 3. The Community Development Department shall have the authority to BP/FM PS, CE approve the following minor changes to the project that (1) modify the site plan project by less than 10%, (2) result in a superior site design or appearance, and/or (3) address a construction design issue that is not substantive to the Master Plan of Development. 4. Approval of this Conditional Use Permit shall be valid for twelve (12) months BP/FM PS after its effective date. At the end of the period, the approval shall expire and become null and void unless the project has received a building permit. 5. The applicant shall defend, indemnify, and hold harmless the City of Ongoing PS Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the subdivision. 6. All subsequent Tentative Map and construction permits shall be consistent BP/FM PS, CE with the Master Plan of Development contained herein. 7. All exterior elevations, finish materials and colors shall be consistent with the BP PS Master Plan of Development as shown in EXHIBIT B and J with the following modifications: ■ All exterior material finishes (siding, trim, doors, windows, light fixtures, garage doors) shall be durable, high quality, and consistent with the architectural appearance. ■ Windows shall be consistent on all four elevations as shown in Exhibits E, G, and I. ■ Roofs shall be architectural grade dimensional shingles. ■ Stucco exterior shall be sand finish or similar. 8. All site work, grading, and site improvements shall be consistent with the BP/FM PS, BS, CE Master Plan of Development as shown in EXHIBIT B, C, J, K, and L. ITEM NUMBER: DATE: 2-17-09 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure BL: Business PS: Planning Services 5715/5735 Rosario Ave. License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer Banker House Planned Development TO: Temporary Occupancy WW: Wastewater CA: City Attorney F0: Final Occupancy 9. All project fencing shall be installed consistent with EXHIBIT B, J, and K GP/BP PS subject to the following modifications: ■ Final fence location shall be subject to staff approval. ■ Privacy fencing of the gardens at the rear of the Colony Home shall be a maximum of 5 -feet tall. ■ All retaining walls shall consist of rock veneer with a decorative cap similar to the rock pattern used on the historic colony walls or shall be stucco with a decorative cap consistent with building architecture. 10. Final selection of colors and materials shall be subject to staff approval. GP/BP PS 11. A final landscape and irrigation plan shall be approved prior to the issuance of building permits and included as part of site improvement plan consistent with EXHIBIT J, and as follows: ■ All exterior meters, air conditioning units and mechanical equipment shall be screened with landscape material. ■ All areas shown on the landscape plan shall be landscaped by the developer prior to the final of any single building permit on-site. ■ Final tree list shall be submitted with building permits, subject to staff approval. • Street and open space trees shall be minimum 15 -gallon size and double staked. ■ Front yard areas shall be landscaped with drought tolerant species, subject to staff approval. 12. The developer and/or subsequent owner shall assume responsibility for the continued maintenance of all landscape and common areas, consistent with EXHIBIT J. 13. Affordable Housing Requirement: The applicant shall comply with the City GP/BP PS, CA Council inclusionary housing policy and either deed restrict 20% of the proposed units or pay an in -lieu fee based on 5% of the construction valuation of each new and existing housing unit. 14. Workforce Housing: Prior to recordation of final map, the applicant shall BP PS, CA enter into a legal agreement with the City to reserve 'h of the units for sale to residents or workers within the City of Atascadero, including the affordable units. The agreement shall include the following provisions: ■ The units shall be offered for sale to residents or workers within the City of Atascadero for a minimum of 60 -days. During this time period offers may only be accepted from Atascadero residents or workers; ITEM NUMBER: DATE: 2-17-09 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure BL: Business PS: Planning Services 5715/5735 Rosario Ave. License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer Banker House Planned Development TO: Temporary Occupancy WW: Wastewater CA: City Attorney F0: Final Occupancy ■ The applicant shall provide reasonable proof to the City that at least one of the qualified buyers is a resident or worker within the City Limits of Atascadero; ■ The Atascadero resident or worker restriction shall apply to the initial sale only; ■ The applicant shall identify which units will be reserved; and ■ The City Attorney shall approve the final form of the agreement. 15. A Tree Protection Plan shall be submitted with subsequent building permits GP/BP PS for encroachment within the drip line of native trees located on the subject parcel and any adjacent properties. The applicant will contract with a certified arborist to monitor all activity within the drip lines of existing native oak trees. 16. An address marker to include address for all units shall be located at the GP/BP PS public street access point. The address marker shall be compatible with the project architecture. 17. The emergency services and facility maintenance costs listed below shall BP PS be 100% funded by the project in perpetuity. The service and maintenance costs shall be funded through a community facilities district established by the City at the developer's cost. The funding mechanism must be in place prior to or concurrently with acceptance of the final maps. The funding mechanism shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any final map. The administration of the above mentioned funds shall be by the City. Developer agrees to participate in the community facilities district and to take all steps reasonably required by the City with regard to the establishment of the district and assessment of the property. ■ All Atascadero Police Department service costs to the project. ■ All Atascadero Fire Department service costs to the project. ■ Off-site common City of Atascadero park facilities maintenance service costs related to the project. 18. All tract maintenance costs listed below shall be 100% funded by the project BP PS in perpetuity. The service and maintenance cost shall be funded through a Home Owners Association established by the developer subject to City approval. The Home Owners Association must be in place prior to, or concurrently with acceptance of any final maps. The Home Owners Association shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any Final Map. The administration of the above mentioned funds, and the coordination and performance of maintenance activities, shall be the responsibility of the Home Owners Association. a) All streets, bridges, sidewalks, streetlights, street signs, roads, emergency access roads, emergency access gates, and sewer mains ITEM NUMBER: DATE: 2-17-09 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure BL: Business PS: Planning Services 5715/5735 Rosario Ave. License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer Banker House Planned Development TO: Temporary Occupancy WW: Wastewater CA: City Attorney F0: Final Occupancy within the project. b) All parks, trails, recreational facilities and like facilities. c) All open space and native tree preservation areas. d) All drainage facilities and detention basins. e) All creeks, flood plains, floodways, wetlands, and riparian habitat areas. f) All common landscaping areas, street trees, medians, parkway planters, manufactured slopes outside private yards, and other similar facilities. g) All frontage landscaping and sidewalks along arterial streets. 19. Prior to final map, the applicant shall submit CC&Rs for review and approval BP PS, BS by the Community Development Department. The CC&R's shall record with the Final Map and shall include the following: a) Provisions for maintenance of all common areas including access, parking, street trees, fencing and landscaping in perpetuity. b) A detailed list of each individual homeowner's responsibilities for maintenance of the individual units. c) Residents shall keep all trash receptacles within the unit's designated trash storage area. d) Garages shall be maintained and used for vehicle parking. e) No boats, RV's or other type of recreation vehicle may occupy a guest or resident parking space, including within an individual garage. f) A provision for review and approval by the City Community Development Department for any changes to the CC&R's that relate to the above requirements prior to the changes being recorded or taking effect. g) A statement related to the historic nature of the project shall be provided with restrictions on modifications to the exterior of the residential units and common landscape areas. 20. Approval of this permit shall include the removal of 3 Native Trees. The BP PS, BS applicant shall be required to pay mitigation fees or provide replantings on- site per the requirements of the Atascadero Native Tree Ordinance. Any additional removals shall be subject to Planning Commission approval. ■ A mitigation deposit shall be collected for all native trees with rootzones impacted 40% or greater. The applicant may submit written documentation that the tree remains in good health no sooner than 1- ear after final of the ITEM NUMBER: DATE: 2-17-09 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure BL: Business PS: Planning Services 5715/5735 Rosario Ave. License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer Banker House Planned Development TO: Temporary Occupancy WW: Wastewater CA: City Attorney F0: Final Occupancy project to receive a full refund of the deposit. 21. The applicant must provide for the repair and maintenance of on-site shared FM CE improvements. This includes roads, sidewalks, street trees, streetlights, private sewer system, drainage facilities, recreation areas and common landscaping. The two methods that may be used are: a. Homeowners Association. This private organization would be responsible for the maintenance, repair and replacement of the facilities. b. Assessment District and Landscape and Lighting District. Funds for the maintenance, repair and replacement of the facilities would be collected on the property tax bill and distributed to the City. The City Engineer and City Attorney shall approve the final form prior to recordation. 22. An easement shall be recorded over Lot 11 that dedicated use of the lot as FM PS an amenity and common drainage facility for the benefit of Lots 1 through 10. 23. The Colony House lot shall include a deed restriction preventing the site FM PS from being altered in a manner which degrades the historic significance of the property. City Engineer Project Conditions 24. The applicant shall improve Rosario Avenue to the City Standard 405 typical GP, BP CE section across the frontage of the property, or as approved by the City Engineer. Red curbing shall be required where no on -street parking is permitted. Improvements to extend to 1/2 the street width plus 10'. 25. All storm water runoff from the buildings, shared driveway, and parking areas GP, BP CE shall be directed to the on-site storm water detention system. City Engineer Standard Conditions 26. In the event that the applicant bonds for the public improvements required as GP, BP CE a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 27. An engineer's estimate of probable cost shall be submitted for review and GP, BP CE approval by the City Engineer to determine the amount of the bond. 28. The Subdivision Improvement Agreement shall record concurrently with the FM CE Final Map. 29. A six (6) foot Public Utility Easement (PUE) shall be provided contiguous to GP, BP CE ITEM NUMBER: DATE: 2-17-09 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure BL: Business PS: Planning Services 5715/5735 Rosario Ave. License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer Banker House Planned Development TO: Temporary Occupancy WW: Wastewater CA: City Attorney F0: Final Occupancy the property frontage. 30. The applicant shall acquire title interest in any off-site land that may be GP, BP CE required to allow for the construction of the improvements. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress and egress is affected by these improvements. 31. Slope easements shall be obtained by the applicant as needed to GP, BP CE accommodate cut or fill slopes. 32. Drainage easements shall be obtained by the applicant as needed to GP, BP CE accommodate both public and private drainage facilities. 33. A preliminary subdivision guarantee shall be submitted for review in FM CE conjunction with the processing of the tract map. 34. The final map shall be signed by the City Engineer prior to the map being FM CE placed on the agenda for City Council acceptance. 35. Prior to recording the tract map, the applicant shall pay all outstanding plan FM CE check/inspection fees. 36. Prior to recording the map, the applicant shall bond for or complete all FM CE improvements required by these conditions of approval. 37. Prior to recording the tract map, the applicant shall bond for or set FM CE monuments at all new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the parcel map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 38. Prior to recording the tract map, the applicant shall submit a map drawn in FM CE substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 39. All existing and proposed utility, pipeline, open space, or other easements FM CE 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. 40. Prior to recording the tract map, the applicant shall have the map reviewed FM CE by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company indicating their review of the map. The letter shall identify any new easements that may be required by the utility company. A copy of the letter shall be submitted to the City. New ITEM NUMBER: DATE: 2-17-09 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure BL: Business PS: Planning Services 5715/5735 Rosario Ave. License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer Banker House Planned Development TO: Temporary Occupancy WW: Wastewater CA: City Attorney F0: Final Occupancy easements shall be shown on the parcel map. 41. Prior to the issuance of building permits the applicant shall submit plans and GP, BP CE 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. 42. Submit calculations to support the design of any structures or pipes. Closed GP, BP CE conduits shall be designed to convey the 10 -year flow with gravity flow, the 25 -year flow with head, and provide safe conveyance for the 100 -year overflow. 43. Provide for the detention and metering out of developed storm runoff so that GP, BP CE it is equal to or less than undeveloped storm runoff. 44. Drainage basins shall be designed to desilt, detain and meter storm flows as GP, BP CE well as release them to natural runoff locations. 45. Applicant shall submit erosion control plans and a Storm Water Pollution GP, BP CE Prevention Plan (SWPPP) if greater than 1 acre of land is disturbed. The Regional Water Quality Control Board shall approve the SWPPP prior to issuance of a grading or building permit. 46. All public improvements shall be constructed in conformance with the City of GP, BP CE Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 47. Alignment of frontage improvements shall be approved by the City Engineer. GP, BP CE 48. All utilities shall be undergrounded on project frontage GP, BP CE 49. All on-site sewer mains shall be privately owned and maintained. FM CE 50. Prior to recording the final map, provisions for the repair and maintenance of FM CE the private SS shall be included in the CC&R's for this tract. Included shall be a mechanism to maintain the private sewer and structures, such as a homeowners association. The City Engineer and City Attorney shall approve the final form prior to recordation. 51. Applicant shall pay sewer extension (Annexation), Connection and BP CE Reimbursement fees (if applicable) upon issuance of building permit. 52. Gravity mains within the subdivision shall be eight (8) inches in diameter. BP CE 53. Drainage piping serving fixtures which have flood level rims located below BP CE 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. ITEM NUMBER: DATE: 2-17-09 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure BL: Business PS: Planning Services 5715/5735 Rosario Ave. License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer Banker House Planned Development TO: Temporary Occupancy WW: Wastewater CA: City Attorney F0: Final Occupancy 54. All sanitary sewer (SS) mains shall terminate in manholes unless extension BP CE of the main, at some later date, is anticipated. If extension of a SS main is anticipated, said SS main may terminate in a cleanout providing the next downstream manhole is less than 300 linear feet from the cleanout and that the point of termination is not a reasonable location for a SS main angle point or intersection. Atascadero Mutual Water Company 55. 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. 56. Before issuance of building permits, the applicant shall obtain a "Will Serve" letter from AMWC for the newly created lots within the subdivision. Mitigation Measures Mitigation Measure 1.d.1: All lighting shall be designed to eliminate any off site BP PS 1.d.1 glare. All exterior site lights shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. Any luminaire pole height shall not exceed 14 -feet in height, limit intensity to 2.0 foot candles at ingress /egress, and otherwise 0.6 foot candle minimum to 1.0 maximum in parking areas. Fixtures shall be shield cut-off type. A maximum of 2 pole lights will be permitted for safety lighting throughout the project area. Mitigation Measure 3.b.1: The project shall be conditioned to comply with all BP BS 3.b.1 applicable District regulations pertaining to the control of fugitive dust (PM -10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. Section 6.3: Construction Equipment ■ Maintain all construction equipment in proper tune according to manufacturer's specifications. ■ Fuel all off-road and portable diesel powered equipment, including but not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power units, with ARB certified motor vehicle diesel fuel (Non -taxed version suitable for use off-road). ■ Maximize to the extent feasible, the use of diesel construction equipment meeting the ARB's 1996 or newer certification standard for off-road heavy- duty diesel engines. ■ Install diesel oxidation catalysts (DOC), catalyzed diesels particulate filters (CDPF) or other District approved emission reduction retrofit services (Required for projects grading more than 4.0 acres of continuously worked area). ITEM NUMBER: DATE: 2-17-09 Conditions of Approval / Mitigation Monitoring Program 5715/5735 Rosario Ave. Banker House Planned Development Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy F0: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure Section 6.4: Activity Management Techniques ■ Develop a comprehensive construction activity management plan designed to minimize the amount of large construction equipment operating during any given time period. ■ Schedule of construction truck trips during non -peak hours to reduce peak hour emissions. ■ Limit the length of the construction workday period, if necessary. ■ Phase construction activities, if appropriate. Section 6.5: Fugitive PM10 All of the following measures shall be included on grading, demolition and building plan notes: A. Reduce the amount of the disturbed area where possible. B. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non -potable) water should be used whenever possible. C. All dirt stock -pile 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 was off trucks and equipment leaving the site. K. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. 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. ITEM NUMBER: DATE: 2-17-09 Conditions of Approval / Mitigation Monitoring Program 5715/5735 Rosario Ave. Banker House Planned Development Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy F0: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure Mitigation Measure 4.e.1: The developer shall contract with a certified arborist BP PS 4.e.1 during all phases of project implementation. The certified arborists shall be responsible for monitoring the project during all phases of construction through project completion, as follows: (a) A written agreement between the arborist and the developer outlining a arborist monitoring schedule for each construction phase through final inspection shall be submitted to and approved by planning staff prior to the issuance of building/grading permits. (b) Arborist shall schedule a pre -construction meeting with engineering /planning staff, grading equipment operators, project superintendent to review the project conditions and requirements prior to any grubbing or earth work for any portion of the project site. All tree protection fencing and trunk protection shall be installed for inspection during the meeting. Tree protection fencing shall be installed at the line of encroachment into the tree's root zone area. (c) As specified by the arborist report and City staff: ■ Prune all trees in active development areas to be saved for structural strength and crown cleaning by a licensed and certified arborist; ■ Remove all debris and spoils from the lot cleaning and tree pruning. ■ In locations where paving is to occur within the tree canopy, grub only and do not grade nor compact. Install porous pavers over a three-inch bed of % inch granite covered with one -inch pea gravel for screeding. If curbs are required, use pegged curbs to secure the porous pavers. Pegged curbs are reinforced six to eight curbs poured at grade with a one -foot by one -foot pothole every four to six linear feet. ■ All trenching or grading within the protected root zone area, outside of the tree protection fence shall require hand trenching or preserve and protect roots that are larger than 2 inches in diameter. ■ No grading or trenching is allowed within the fenced protected area. ■ Any roots that are 4 inches in diameter or larger are not to be cut until inspected and approved by the on-site arborist. (d) Upon project completion and prior to final occupancy a final status report shall be prepared by the project arborist certifying that the tree protection plan was implemented, the trees designated for protection were protected during construction, and the construction -related tree protection measures are no longer required for tree protection. ITEM NUMBER: DATE: 2-17-09 Conditions of Approval I Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure BL: Business PS: Planning Services 5715/5735 Rosario Ave. License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer Banker House Planned Development TO: Temporary Occupancy WW: Wastewater CA: City Attorney F0: Final Occupancy Mitigation Measure 4.e.2: Grading and excavation and grading work shall be GP PS 4.e.2 consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: 1. All existing trees outside of the limits of work shall remain. 2. Earthwork shall not exceed the limits of the project area. 3. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 4. Vehicles and stockpiled material shall be stored outside the drip line of all trees. 5. All trees within the area of work shall be fenced for protection with 4 -foot chain link, snow or safety fencing placed per the approved tree protection plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing shall remain in place until completion of all construction activities. 6. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. Mitigation Measure 5.b.1: Should any cultural resources be unearthed during site BP PS 5.b.1 development work, the provisions of CEQA -Section 15064.5, will be followed to reduce impacts to a non-significant level. Mitigation Measure 5.a.1: Any exterior building modifications or site plan changes BP PS 5.a.1 not represented in the proposed project that could occur during the Building Permit application process or during construction shall be consistent with the Secretary of the Interior's Standards for Rehabilitation & Illustrated Guidelines for Rehabilitating Historic Buildings and shall meet the provisions of CEQA -Section 15064.5, as approved by Planning Staff. Mitigation Measure 5.a.2: All recommendations made by the historic consultant BP PS 5.a.2 shall be implemented during the project construction. Per the recommendations of the consultant, the historic carriage house shall be relocated and restored to its original use as a garage for the existing Colony Home. Mitigation Measure 6.b: The grading permit application plans shall include GP CE 6.b erosion control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. (See section 8 of the document). Mitigation Measure 6.c.d: A soils report shall be required to be submitted with a GP BS 6.c.d future building permit by the building department. The building plans will be required to follow the recommendations of the soils report to assure safety for residents and buildings. ITEM NUMBER: DATE: 2-17-09 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure BL: Business PS: Planning Services 5715/5735 Rosario Ave. License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer Banker House Planned Development TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy Mitigation Measure 8e.f.1: A Stormwater Pollution Prevention Plan BP CE 8.e.f (SWPPP)/Erosion Control Plan shall be submitted 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 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. Mitigation Measure 8.e.f.2: The developer is responsible for ensuring that all BP BS,PS,CE 8.ef.2 contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop work orders. Mitigation Measure 11.d: All construction activities shall comply with the City of ongoing BS/PS 11.d Atascadero Noise Ordinance for hours of operation. Mitigation Measure 15.a.b.1: Full frontage improvements shall be required along BP, GP PS/CE 15.a.b.1 Rosario Avenue, subject to the approval of the City Engineer. ITEM NUMBER: 2 DATE: 2-17-09 ATTACHMENT 4: Draft Resolution PC 2009-0003 TTM 2005-0078 5715/5735 Rosario Avenue DRAFT RESOLUTION PC 2009-0003 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA APPROVING A ONE-YEAR TIME EXTENSION OF AN APPROVED VESTING TENTATIVE TRACT MAP TTM 2005-0078 5715/5735 Rosario Avenue (Ravatt / Mayer) WHEREAS, an application has been received from Greg Ravatt & Bettina Mayer, 5735 Rosario Ave, Atascadero CA 93422, (Applicants and Property Owners), to consider a project consisting of a Zone Change from RMF -10 (Residential Multi -family -10) to RMF-10/PD 28 (Residential Multi -Family -10 with a Planned Development Overlay 28) including an HS (Historic Site) Overlay Zone on lot 10 with corresponding Master Plan of Development and Vesting Tentative Tract Map located at 5715/5735 Rosario Avenue, (APN 029-252-001); and, WHEREAS, the City Council approved a Tentative Tract Map on January 23, 2007; and WHEREAS, the automatic one-year Time Extension via SB 1185 went into effect July 15, 2008, setting the expiration date to January 23, 2010; and, NOW, THEREFORE, the Planning Commission of the City of Atascadero, California takes the following actions: SECTION 1: FINDINGS. The Planning Commission makes the following findings: 1. The approval of the time extension would not place the residents of the subdivision or the immediate community, or both in a condition dangerous to their health or safety, or both. 2. The approval of the time extension will not prohibit the project from complying with state or federal law. SECTION 2: TIME EXTENSION APPROVAL The Planning Commission does hereby approve a one-year time extension of TTM 2005-0078, extending the expiration date to January 23, 2011. ITEM NUMBER DATE: 2-17-09 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: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA Sandy Jack Planning Commission Chairperson ATTEST: Warren M. Frace Planning Commission Secretary \\Cityhall\cdvlpmnt\- pre 06 PLNs (Old Planning Docs)\- ZCH - Zone Change\ZC 05\ZCH 2005-0109. Rosario historic PD\TTM 2005-0078 Time EM. PC staff report.doc ITEM NUMBER: 3 DATE: 2-17-09 Atascadero Planning Commission Staff Report — Community Development Department Callie Taylor, Associate Planner, 470-3448, ctaylor@atascadero.org PLN 2009-1316 Tree Removal Permit 7405 Del Rio Road (Williams) SUBJECT: The proposed project includes a request to remove one (1) live oak totaling 28 inches DBH. 1l ll ► Slop Staff Recommends: Adopt resolution PC 2009-0004 to allow the removal of one (1) live oak totaling 28 inches DBH. Situation and Facts: 1. Property Owner: Steve and Eve Williams, 17643 Community Street, Northridge, CA 91325 2. Project Address: 7405 Del Rio Road, Atascadero, CA 93422 APN 049-241-049 3. Certified Arborist: Henry Curtis, Whit's -Turn Tree Care, 5456 Bolsa, Atascadero, CA 93422 4. General Plan Designation: Rural Estate (RE) 5. Zoning District: Residential Suburban (RS) 6. Site Area: 1.76 acres 7. Existing Use: Single -Family Residence ITEM NUMBER: 3 DATE: 2-17-09 ANALYSIS: The applicant has submitted a building permit application to repair damages to the foundation of the existing residence at 7405 Del Rio Road. The foundation requires repair due to root intrusion from an adjacent native oak tree. To make appropriate repairs to the foundation, the applicant is requesting the removal of the one (1) live oak tree which is 28 inches DBH. The applicant has submitted an Arborist Report and Tree Protection Plan consistent with the Atascadero Native Tree Ordinance. The Atascadero Native Tree Ordinance allows for the removal of native oak trees with approval from the Community Development Department and payment into the Tree Mitigation Fund. Native trees larger than 24 inches DBH require approval from the Planning Commission prior to removal. The applicant has future plans to remodel the existing residence and construct an accessory structure. The repairs to the foundation will be completed first. The Arborist Report submitted includes analysis of impacts to existing native trees from construction on the foundation repair as well as the future remodel and accessory structure work at the residence. No additional trees are proposed for removal with the remodel or accessory structure which will be construed at a later date. Proposed tree to be removed ITEM NUMBER DATE: 2-17-09 The applicant shall mitigate the tree removal in accordance with the Atascadero Native Tree Ordinance. The applicant shall either replant 5, five -gallon trees on site, or make a mitigation payment of $233.33 into the tree fund. Any other trees on site which are impacted over 40 percent as a result of construction to repair the foundation, or the future remodel work, will require mitigation bonds to ensure that the trees survive. Staff will work with the applicant to ensure future construction will be designed to minimize impacts to native trees as much as possible. Bonds for heavily impacted trees may be refunded one year after completion of construction if the trees survive. Tree Mitigation Evergreen Native Trees (inches) Deciduous Native Trees (inches) Totals dbh notes dbh notes 1 28 -inches Tree #9 1 0 2 2 3 3 15 15 Total 28 -inches Total 0 -inches 28 -inches Mitigation Requirement req'd tree replacements: 5 five gal trees req'd tree replacements 0 five gal trees Proposed Replanting 0 five gal trees Proposed Replanting 0 five gal trees 0 five gal trees 0 fifteen gal trees 0 fifteen gal trees 0 fifteen gal trees 0 box trees (24") 0 box trees (24") 0 box trees (24") Remaining M Ligation 0 five gal trees Remaining Mitigation 0 five gal trees 0 fjve gal'ired3— Tree Fund Payment: $ 233.33 Tree Fund Payment: $ - $ 233.33 i ITEM NUMBER: 3 DATE: 2-17-09 CONCLUSIONS: The proposed project to remove one (1) live oak totaling 28 inches DBH is consistent with the Atascadero Native Tree Ordinance. The applicant shall pay $233.33 into the tree mitigation fund or replant 5, native 5 -gallon trees on-site. ALTERNATIVES: 1. The Commission may approve the project with additional or revised project conditions. 2. The Commission may deny the project if it is found that the required findings cannot be made. The Commission's motion to deny must include a finding basis for denial. 3. 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. ATTACHMENTS: Attachment 1 — Location Map (General Plan & Zoning) Attachment 2 — Aerial Photo Attachment 3 — Arborist Report Attachment 4 — Draft Resolution PC 2009-0058 ITEM NUMBER: 3 DATE: 2-17-09 ATTACHMENT 1: Location Map (General Plan and Zoning) PLN 2009-1316 / TRP 2009-0125 7405 Del Rio Road -- -- -- -- -- o -- -- -- -- -- -- -- Project Site 7405 Del Rio Road t a — RS Zone: Residential Suburban (RS) Land Use Designation: Rural Estate (RE) ITEM NUMBER DATE: 2-17-09 ATTACHMENT 2: Aerial Photo 7405 Del Rio Road ATTACHMENT 3: Arborist Report ITEM NUMBER: 3 DATE: 2-17-09 RECEIVED DEC 2 2 2006 COMMUNITY DEVELOPMENT RECEIVED JAN 15 2009 Vh1t*&mTurn LMUNITYDEVELOPMENT 'rr4m4m Cai r4m Tree Preservation Plan Steve and Eve Williams 7405 Del Rio Rd. Atascadero, CA 93422 Prepared by Henry Curtis 805-674-8147 Henry S. C Certified Arborist WE 6345-A KCS IsAr�-oiis_t@yAEo_Q.com ITEM NUMBER DATE: 2-17-09 sse�� �uiunJd 0 0 0 0 o a o 0 0 0 o a o 0 0 0 0 0 0 v paJinbaa 2uuo;iuow c 0 0 0 0 0 0 0 0 o V z z z z z z z z z z z z u v jesodad uoi}epi}Iw m c v c m ro v c v c v c v c 7 =p L 7 7 3 7 m C a O o m c o 0 0 0 yo O L Q O O O O v Y 0 Q C -O O d � }�edwi uo�;�nJ;suo� m C E � v O T V m c 0 c 0 0 0 0 0 0 0 0 0 0 lu ca n �o a yr m H9a �unJl 0 on .� c -I O V O L � q5f W O n M� V N d m CO N Q1 N 01 CQ � N {�f - N N N e-1 N N m N M +-� CL ca ca �a ro� m ro fa co O O ro to ro m ro �o m v G o ;aedwi % ZaJ � a �GJ o� v 00 00 00 00 Oq V CO 00 0 0 0 0 o m m� CU o���� CO CO ro o 0 0 0 0 0 L � �.. _ w m m m co ro ro ro U1 VI N VI N N y U1 N c y Sn;e}S UOI}�nJ;sUOJ h N U1 N N N N v v v v v as v v v v v Vf0 v v N CJ N N N c1 c7 c7 c7 C7 c/ a d d c7 c7 c7 cf c7 cu c1 .- -o -0 a� sai�adg aaJl -a v -a '0 W iU 0 0 0 Q, Q. Q£ 0 a. Q a Q o 0 0 0 0 0 0 L Q Q Q Q Q � � � � £ � � � Q Q Q Q Q Q # aaJ � ^ y r: v '�9 M uoi;ipuo� aaJl t[1 �O h o7 D\ -0 ter' Ln 'n r m in m n w �n rn Ln Ln Q a i u N i X L 41 u O L o o Q u C N N L b L W — m a 3 ro c G N c O 0 O O a C w N � = a O n L a+ a a v u N a+ o c L o v a v 7 �u C O ° ±R et ca n �o a yr m H9a �unJl c -I � q5f W O n M� V N W tO CO N Q1 N 01 CQ � N {�f - N N N e-1 N N m N M +-� aweN �3i;uai�s ca ca �a ro� m ro fa co m ro to ro m ro �o m 00 00 00 00 Oq 110 CO 00 00. � LO m � OG M CU QO CO CO ro ro ro ro ro ro ro ro �.. _ w m m m co ro ro ro U1 VI N VI N N y U1 N VI N N h N U1 N N N N v v v v v as v v v v v v v v v v v v v c1 c7 c7 c7 C7 c/ a d d c7 c7 c7 cf c7 O c1 d cJ rJ sai�adg aaJl 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 # aaJ ^ N M •t t[1 �O h o7 D\ ITEM NUMBER: 3 DATE: 2-17-09 Description of Tree Protection Table ■ Column #1 Tree number that corresponds with the tree impact evaluation can be found on the project plans and is labeled on the tree with a numbered tag. • Column #2 Tree Species is the common name such as VO=Valley Oak, 60=131ue Oak, LO=Live Oak • Column #3 Scientific Name is the genus and species that classifies that particular plant. ■ Column #4 Trunk D.B.H, is the abbreviation for trunk diameter at breast height in inches • Column #5 Tree Condition, ranging from zero to ten. Zero=deceased, One=Poor condition, Ten=Excellent • Column #6 ' Construction Status of tree, Avoided- Removal- Impacted • Column #7 Percentage of Impact to the C.R.Z (Critical Root Zone) ■ Column #8 Type of Construction Impact Such as; a retaining wall, grading, trenching, etc. • Column #9 Mitigation proposal, ideas to implement for protection of the trees Such as; tree protection fencing, root pruning, etc. Column #10 Monitoring required Yes/ No, If yes, the Arborist must be notified and on site during any trenching or grading near the tree ITEM NUMBER DATE: 2-17-09 Project Summary This project is located at 7405 Del Rio Road in Atascadero. The majority of this project is a complete remodel of the existing residence with major foundation work. In addition to the home remodel there will also be a new garage and access road built. All of this construction will involve grading, trenching, and excavating of soil near and around native Oak trees. I have identified and labeled each tree on the Tree Identification chart included in this report. The seven Oak trees impacted significantly are numbered on the chart as 6, 7, 8, 10, 11, 12 and 13. Tree # 6, 7, 8 are impacted by grading and installation of new driveway and retaining wall. Tree # 10, 11 are impacted by the dog run, roof drainage system, privacy wall and utility trench. Extra care should be taken while digging near #10 as this is the largest, most valuable tree on this property. Tree #12 will be impacted by the utility trench but with minimal disturbance. Tree #13 will be impacted by the roof drainage system. Please refer to the Tree Preservation Guidelines included in this report for further instructions regarding all impacted trees. Tree #9 is marked for removal due to the fact that it so close to the house and that it is causing foundation problems from root invasion. The tree has been pruned so severely in the past, compromising the integrity of this tree. Removal is the only option because of the close proximity to the house and the poor condition of its stem: I have identified all other native Oak trees near this project that are avoided. These trees are listed on the chart. ITEM NUMBER DATE: 2-17-09 There are many beautiful Oak trees involved with this remodel. All parties involved should put forth all efforts to preserve the integrity of these trees. I am available to answer any questions that may arise and also to monitor at this jobsite with a 24 hour notice. If the tree protection guidelines I am suggesting are closely followed the trees will sustain a minimal impact and this project can be a success. ITEM NUMBER DATE: 2-17-09 Project: 7405 Dei Rio Road, Atascadero Tree Preservation Guidelines The mitigation I am requesting must be followed by anyone working within the critical root zone (C.R.Z) of the Native tree located at this project site. Copies of these guidelines must be provided to any contractors involved with this project. Any changes made in the plans that could possibly affect the trees must be reviewed and approved by me before moving forward. Please don't hesitate to contact me with any questions regarding the Oak tree at this site. Henry Curtis Arborist WE -6345A 805-674-8147 Pre -Construction: Tree Protection Fencin The Oak Tree identified on the Tree Protection Chart will need tree fencing installed around its drip line. After fencing is installed please notify me to come and1rispect the placement before ground is broken at the project site. During Construction: Fencing should never be moved or crossed without my approval. Pre- Construction Meeting Before any grading, trenching or tree pruning has begun there must be a meeting with all interested parties to discuss suggested mitigation for the protection of the Native Oak Tree. Generally this includes the Certified Arborist, General Contractor, grading contractor and any city or county officials overseeing the project. Please notify me in advance of this meeting. Tree Pruning and/or removals To avoid damage by equipment to the tree limbs all pruning and removals should be completed before grading and trenching has started. Any cuts made must be done by a Certified Arborist. During_Dirt Work and Grading at the site: All dirt work performed near the Oak Trees should be done with extreme care to disturb as little of the C.R.Z as possible. Please notify me in advance as to the time you will be need me to be present for monitoring. Any tree roots larger than. one inch dug up during dirt work need to be flush cut and recovered with dirt immediately. If large roots are exposed and cannot be covered immediately, they should be covered with wet burlap to keep :the roots moist. Workers: Use caution not to rip or tear large roots with your equipment or shovels. ' `' ITEM NUMBER DATE: 2-17-09 Construction Waste: There is to be no cleaning of construction equipment or any waste products near the C.R.Z. of the Native Oak Trees at this site. All waste or extra materials that could possibly leach into the trees feeder roots need to be cleaned elsewhere. C.R.Z Critical Root Zone: The areas defined as critical root zone (found within the orange fencing) is vital to the health and longevity of the trees. While working in these vital areas, extra care should be taken to leave the C.R.Z undisturbed. ITEM NUMBER: 3 DATE: 2-17-09 ATTACHMENT 4: Draft Resolution PC 2009-0058 PLN 2009-1316 / TRP 2009-0125 DRAFT RESOLUTION NO. PC 2009-0004 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING PLN 2009-1316 / TRP 2009-01259 TO REMOVE ONE (1) LIVE OAK TOTALING 28 INCHES DBH (WILLIAMS) WHEREAS, an application was received from Steve and Eve Williams, 17643 Community Street, Northridge, CA 91325, (Property Owner/Applicant), for a Tree Removal Permit to remove one (1) live oak totaling 28 inches DBH; and, WHEREAS, the proposed project has a General Plan Designation of Rural Estate (RE) and is in conformance with the Land Use Element of the General Plan and all other applicable General Plan policies and Native Tree Ordinance; and, WHEREAS, the Planning Commission held a duly noticed public hearing to consider the proposed Tree Removal Permit application on February 17, 2009 at 7:00 p.m. and considered testimony and reports from staff, the applicants, and the public. NOW THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings for tree removal. The Planning Commission finds as follows: The tree is interfering with existing utilities and/or structures, as certified by a report from the site planner. SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on February 17, 2009 resolved to approve Tree Removal Permit 2009- 0125 to, subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Tree Protection Plan / Site Plan EXHIBIT C: Tree Mitigation Chart ITEM NUMBER DATE: 2-17-09 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: ABSENT: ( ) ADOPTED: ABSTAINED: CITY OF ATASCADERO, CA Sandy Jack Planning Commission Chairperson ATTEST: Warren Frace Planning Commission Secretary ITEM NUMBER DATE: 2-17-09 EXHIBIT A: Conditions of Approval / Mitigation Monitoring PLN 2009-1316 / TRP 2009-0125 Conditions of Approval Timing Responsibility /Monitoring PLN 2009-1316 / TRP 2009-0125 FM; Final Map BL: Business License PS: Planning Services GP: Grading Permit BS: Building Services Address: 7405 Del Rio Road BP: Building Permit FI: Final Inspection FD: Fire Department PD: Police Department TO: Temporary Occupancy CE: City Engineer F0: Final Occupancy WW: Wastewater CA: City Attorney Standard Planning Conditions 1. The approval of this application shall become final, subject to the completion of FM PS the conditions of approval, fourteen (14) days following the Planning Commission approval unless prior to the time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 2. The applicant and/or subsequent owners shall defend, indemnify, and hold On going PS 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 proposed development. 3. Tree protection fencing as outlined in the arborist report, prepared by GP/FM PS Whit's -Turn Tree Care shall be implemented prior to and during all construction activity. 4. The applicant shall pay $233.33 into the tree mitigation fund prior to the BP PS issuance of building permits, or replant five (5) 5 -gallon native trees on-site. ITEM NUMBER: 3 DATE: 2-17-09 EXHIBIT B: Tree Protection Plan / Site Plan Proposed Tree to be Removed ITEM NUMBER DATE: 2-17-09 EXHIBIT C: Tree Mitigation Chart Evergreen Native Trees (inches) Deciduous Native Trees (inches) Totals dbh notes dbh notes 1 28 -inches Tree #9 1 0 2 2 3 3 15 15 Total 28 -inches Total 0 -inches 28 -inches Mitigation Requirement req'd tree replacements: 5 five gal trees req'd tree replacements 0 five gal trees Proposed Replanting 0 five gal trees Proposed Replanting 0 five gal trees 0 five gal trees 0 fifteen gal trees 0 fifteen gal trees 0 fifteen gal trees 0 box trees (24") 0 box trees (24") 0 box trees (24") Remaining Mitigation 0 five gal trees Remaining Mitigation 0 five gal trees Alive gal trees— / Tree Fund Payment: $ 233.33 Tree Fund Payment: $ 1 \\Cityhall\cdvlpmnt\- 09 PLNs\PLN 2009-1316 TRP 2009-0125\PLN 2009-1316 SR.sk.doc $ 233.33 i ITEM NUMBER: 4 DATE: 2-17-09 Planning Commission Staff Report Staff Report - Community Development Department Callie Taylor, Associate Planner, 470-3448, ctaylor@atascadero.org PLN 2099-0997 Amendment to West Front Village 9002 West Front Road & 9000-9092 Coromar Ct. (Shannon / West Front Village, LLC) RECOMMENDATIONS: Staff recommends the Planning Commission adopt: 1. Resolution PC 2009-0005 recommending that the City Council introduce an ordinance for first reading by title only, to approve Zone Code Text Change 2009- 0152 (PLN 2099-0997) amending the PD -23 Overlay District Text consistent with the revised project design based on findings; and, 2. Resolution No. PC 2009-0006 recommending that the City Council approve Master Plan of Development Amendment (CUP 2003-0108 Amendment / PLN 2099-0997) based on findings and subject to Conditions of Approval and Mitigation Monitoring. 3. Resolution No. PC 2009-0007 recommending that the City Council approve a Tentative Tract Map for Tract 2970 (PLN 2099-0997) based on findings and subject to Conditions of Approval and Mitigation Monitoring. REPORT -IN -BRIEF: The proposed Amendment includes revisions to the Master Plan of Development for West Front Village. The original 18 multi -family duplex lots are proposed to be reconfigured with Tract 2070. No new lots would be created with the proposed Tentative Tract Map; the Master Plan of Development maintains 32 residential lots as originally approved. The duplex lots have been redesigned to accommodate detached units with individual driveways on lots 1-12. Lots 13-18 are designed off a shared driveway as attached duplex units. The elevations on the residential units have been redesigned in a "Mission Revival" architectural style. The application includes a Zone Code Text Change to amend the PD -23 standards in the Atascadero Municipal Code to match the new project layout. Revisions to lot 2 of the commercial development are also proposed. The previously approved gas station on lot 2 is proposed to be replaced with a 4,880 square -foot commercial retail building. Amendments to the original project conditions of approval are proposed. DISCUSSION: Situation and Facts: 1. Applicant: 2. Property Owner: 3. Project Address 4. General Plan Designation 5. Zoning District: 6. Site Area: 7. Existing Use: 8. Environmental Status Background Richard Shannon 6755 EI Camino Real, Atascadero, CA 93422 West Front Village, LLC, 1301 Chorro St., San Luis Obispo, CA 93401 9002 West Front Road & 9000-9092 Coromar Ct. (APN 056-131-034 through 056-131-065, 022, 023) General Commercial & Medium Density Residential Commercial Retail & RMF -10 with a PD -23 Overlay 9.36 acres in Master Plan of Development Holiday Inn and vacant land Consistent with Certified Mitigated Negative Declaration 2005-0165 West Front Village was originally approved by City Council on September 27, 2005. The original project approval included a General Plan Amendment to convert 8.42 acres (63% percent) of the 13.35 -acre site from GC (General Commercial) to MDR (Medium Density Residential) and SFR -X (Single -Family Residential -X). A Zone Change was approved to make the zoning consistent with the General Plan Amendment, and to establish a Planned Development Overlay 23 Zoning District. West Front Village included a Conditional Use Permit (Master Plan of Development) and Vesting Tentative Tract Map for a 9.36 -acre portion of the site. The Master Plan of Development is consistent with the PD -23 standards. A site plan, residential and commercial building layouts, subdivision tract map, landscape plan, grading and drainage, and conceptual architecture were included with the project approval. The TTM and Master Plan of Development consisted of the following uses: • Retail/Gas/Fast Food with drive-through 10,000 square feet • Hotel 79 Rooms • Business Park 12,700 square feet • Courtyard Residential 14 Single -Family Residences • Duplex Residential 18 Multi -Family Residences site Tian — uriginai zuua vroject Approvai The project site fronts both West Front Road and Portola Road. The commercial portion is oriented towards Highway 101 with primary access off West Front and a second entrance near the corner of Portola Road. The residential uses take access off of Portola Road and are located behind the commercial use. The business park is located behind the hotel site and takes access from a common driveway owned by the adjacent commercial properties. The original West Front Village project also included a 3.99 -acre conceptual 5 -lot subdivision at the rear of the residential portion off of Coromar Court. The future 5 -lot single-family residential subdivision proposed retention of an existing historic colony home, adobe building, associated out -buildings, and native oak trees. This 3.99 acres was included with the approved General Plan Amendment and Zone Change, however, it was not included in the Master Plan of Development or Tentative Tract Map, and is not a part of the current proposed Amendment. The original Tract Map (Tract 2621) was recorded in April of 2007. Grading has been since done on the commercial and the residential lots. On-site and off-site improvements, including a majority of the sidewalks, curbs, drainage basins, and utilities have been installed. The Holiday Inn Express was constructed last year and opened in July of 2008. In August of 2008, the Planning Commission approved the first Amendment to the approved Master Plan of Development to allow modifications to the site plan on the commercial lot at the corner of Portola and West Front. A Jack-in-the-Box drive-through restaurant was approved on the corner lot. Building permits for the Jack-in-the-Box are currently in process. Surroundinq Land Use and Setting: North: Residential South: Commercial Retail East: Public School, Residential West: Highway 101 Proposed Site plan (2009 Amendment) ;�■iil f/i ■iiil Ili II 1` � 1 1 ;.moi ■ �+� ■ �_. ;, � �-; �in� �i I I Site plan - original project approval (Image flipped to be oriented with current proposed amendment) ANALYSIS: Amendment to Residential Lots The proposed Amendment includes revisions to the lot lines and Master Plan of Development for West Front Village. The residential lots in the original project approval were divided into two types. There were 14 single-family "courtyard" units and 18 multi- family "duplex" units. The duplex homes consisted of attached homes on small individual lots. The duplex garages at the rear or side of each lot were designed to be detached from the living space of the main house, and attached to the garage on the adjacent lots. The garages were accessed off of shared driveways between the units. The courtyard homes were designed as stand alone units on larger lots and are accessed off of 3 shared driveways which connect to Coromar Court. The applicant is proposing to redesign the site plan of the 18 duplex units. The site plan and Tentative Tract Map include the same number of lots that were approved with the original map; no new lots would be created with this Amendment. The 18 duplex lots are proposed to be revised to accommodate detached units with individual driveways on lots 1-12. Lots 13-18 are proposed as attached duplex units with individual driveways. No changes are being proposed to the site plan of the original 14 single-family courtyard units with this Amendment. Residential Site Plan and Appearance Review The applicant has revised the site plans of the duplex units in order to provide additional detached single-family units. Lots 1-12 include a mixture of one and two-story single- family floor plans with attached two -car garages. Lots 1-6 and 9-12 are designed with tandem garages (dimensions: 12' wide by 28' deep) in order to fit a detached unit on the narrow lots and to minimize the appearance of the garages from the street. Lots 7 and 8 are accessed off of San Simeon Dr. and have standard two -car garages (20' by 20' in size.) The six proposed duplex units on lots 13-18, located off the shared driveway at the back of the cul-de-sac have attached one -car garages. Four additional guest parking spaces are provided off the shared driveway in order to meet the multi -family parking requirements of the Atascadero Municipal Code. A minimum of one guest parking space is provided in the driveways of all lots 1-18. The garages and parking provided within the project are consistent with the revised requirements of the PD -23 text and the Municipal Code. The majority of the on-site and off-site improvements for the original project, including the originally approved cul-de-sac and curbs, have been installed for Coromar Ct. and San Simeon Dr. In order to work within the existing improvements, a common looped driveway/parking court is being proposed at the end of the cul-de-sac on Coromar Ct. Lots 11-18 are accessed off the common driveway. The City engineer has included a condition in the attached resolution which requires the shared driveway approach to lots 11-18 be modified to meet City Standard 423 for residential driveways (maximum 20' wide). This standard may require two separate driveway approaches at this location in order to meet the maximum width requirement allowed by the Engineering Standards (CUP City Engineer Project Condition #24 (A).) Decorative concrete has been identified within the common looped driveway off Coromar Ct. and on the individual driveways of each unit. The decorative (stained and colored) concrete will help to enhance the pedestrian feel of the parking court where there are no sidewalks provided. The garages are setback from the front fagade of the units on most of the lots in order to create depth on the fagades and minimize the visual impact of the garages. The lots are designed with minimal setbacks, including a 5 -foot side setbacks from the living space and 3 -foot setbacks from the garages to the side property lines. Pop outs have been included on the second -story living space of plan D with a 3 -foot setback from the side property line. Enclosed entry courtyards have been included with the new floor plans to add privacy to the front of the units. In order to maintain a openness and visual connection from the porches to the street, a condition has been included in the attached resolution which limits the height of the courtyard walls to 3 -feet (CUP Condition #13.) The elevations on all of the residential units have been redesigned in a "Mission Revival" architectural style. The original project included more of a craftsman influence on the elevations, with a combination of wood siding and stucco and grided windows. Both the original duplex lots (1-18) and the 14 original courtyard single-family homes are proposed with revised elevations so that the development has a consistent architectural style. As a Planned Development, a finding is required to be made that the project provides high-quality architectural, landscape, and site design to warrant the granting of special development standards. The new proposed elevations include mission style elements with stucco walls and tile roofs. Dark wood elements, wood window headers, and recessed arches above the windows with tile accents are included. The overhangs are designed with exposed rafter tails where permissible by building code setback requirements. A revised color board has been provided by the applicant. The stucco walls of the residential units are proposed to be painted in an off-white color with varying shades of brown to be used for the garages, doors, exposed beams, headers, fascias, and gutters. The applicant has proposed an accent color for the trim, window sills, and recessed arches. The proposed accent colors include light shades of blue, pink, green, and yellow. Staff is concerned that the accent colors are too bright and has included a condition in the attached resolution to revise the accent colors prior to building permit issuance to be consistent with the Mission Revival architectural theme (CUP Condition #8.) PI -AN _ ,i wrvo.arve uamatsnwoo»e PLAN G Proposed "Mission Revival" Elevations Includes 14 revised courtyard elevations & revised Lots 1-18 m M Dupl@xAA K -N Duplex units -original project approval a.� _MEW4B11 - MWI-i-imil SII — — '= n -, C. tom Plan A '^•��• - Courtyard homes - original project approval Affordable Housing Requirement The approved project has been conditioned to meet the inclusionary affordable housing program requirements of the City of Atascadero. The Council policy requires that all projects with more than 10 units provide 20% of the units as deed restricted affordable. Of the 32 residential units provided, 6 units are required to be deed restricted as affordable units as shown in the table below. West Front Village Project Inclusionary Housing Council Policy MFR Units 32.00 units 20% Affordable 6.40 units Affordable Distribution 20% Very Low 1.00 units 37% Low 2.00 units 43% Moderate 3.00 units 6.00 units In lieu fees shall be paid for the 0.4 fractional units. Council policy requires that the affordable units be distributed throughout a project site and not concentrated in one location. This requirement was included in the original resolution as CUP Condition 14. The applicant has requested that this condition be removed in order to allow clustering of the affordable units. The applicant is proposing to designate the six duplex units located off the shared driveway as the affordable units. The six units which are being proposed as the affordable units are smaller in size, have one -car garages rather than two -car, and are the only remaining duplex units in the development. Therefore they are not comparable to the residential units in the rest of the development. Since clustering the affordable units in this way would not be consistent with Council policy or previous approvals, staff is not recommending that the condition be changed. Condition 14 is included in the attached resolution as originally approved. The City Council would need to change the policy or make a special exception on this project to allow clustering of the affordables as the applicant has proposed. Amendment to Commercial Portion of Development Revisions to lot 2 of the commercial development are proposed. Lot 2 was originally approved for a gas station which was attached to a drive-through restaurant on lot 1. With the CUP Amendment which was approved in August 2008, the drive-through restaurant on lot 1 was redesigned as a detached Jack-in-the-Box. The gas station on lot 2 was not revised with the 2008 Amendment. With the currently proposed 2009 Amendment, the applicant is proposing to replace the gas station building on lot 2 with a 4,880 square -foot commercial retail building. New floor plans and elevations are provided. As conditioned, the building is consistent with the guidelines of the Appearance Review Manual. The building includes earth tone colors and brick veneer, consistent with the adjacent Jack-in-the-Box and Holiday Inn. The redesigned project meets the parking requirements of the Municipal Code for commercial retail development. A parking table is included on sheet C1.0 (West Front Village Retail Center.) Lot 2 includes 25 parking spaces (ten additional spaces from the original gas station lot layout.) In addition, the project includes a condition of approval to provide joint use of access and parking between all of the commercial uses along West Front Road (TTM Condition 19). I mal `- - all J� ien NLVATgw _ RKIff [�NATgN _ _. Proposed Floor Plan and Elevations Lot 2 4,880 sq. ft. commercial retail building Business Park Construction Timing A phasing condition was included in the original project which requires construction of the business park to be completed prior to obtaining a Certificate of Occupancy for any of the residential units. The applicant is requesting that this condition be amended to remove the timing requirement for the business park construction. The applicant has proposed substituting the current business park phasing requirement for a condition which will require the development of both commercial lots 1 and 2 prior to any residential development. The condition has been revised in the attached resolution as proposed by the applicant (CUP Condition #7.) Landscape Plan Revised landscape plans have been provided for lots 1-18 of the residential development and lot 2 of the commercial development. The landscape plans include drought tolerant native landscaping consistent with City requirements. The landscape plan includes high quality design consistent with the standards of a planned development. A large oak shall be planted in the center of the parking court for residential lots 11-18 to provide a focal point and shade (CUP Condition #11.) The project includes street trees, residential front yard landscaping, and commercial landscaping around and within the parking areas. The original landscaped pocket park (which also serves as a drainage detention basin and wetlands mitigation area) will remain as part of the project landscaping. A condition was include din the original project approval to require a landscape buffer between the residential and commercial site. The original project approval included detail drawings showing a 9 -foot landscape buffer between the commercial and residential sites. The proposed Amendment plans currently do not show any landscape buffer between the commercial building and the adjacent residential buildings, however, it does show a 10 -foot concrete walkway and building setback from the rear property line. Staff has revised the original condition #11 to require s a minimum 5 -foot landscape buffer behind the building on lot 2. This leaves a sufficient 5 -foot walkway along the back of the building for rear access to the retail shops. The landscape strip and planter behind the building shall include evergreen trees consistent with the original project approval. Originally approved 9'foot landscape buffer between commercial and residential sites "Reduced to 5' minimum width on Lot 2 with this Amendment Cal Trans/ West Front Rd. Landscaping The original project approval included landscape Mitigation Measure AES -1 which states "Landscaping of Caltrans ROW required." The condition was included in the original project approval in order to enhance the visual quality of the project from the freeway and the frontage road. According to the applicant, Cal Trans stipulations are not feasible for landscaping within the Cal Trans right-of-way. The applicant is requesting that the requirement be modified to require landscaping between the edge of pavement of West Front Rd. and the Cal Trans fence only. The applicant has provided landscape plans of this section of road to be included with the proposed amendment. It is staff's opinion that the applicant's proposed landscaping along West front Road adjacent to the Cal Trans right-of-way meets the intent of the original Mitigation Measure and will be consistent with this requirement. CUP Condition #11 in the attached resolution reflects the proposed landscape plans. In the applicant's written statement (Attachment 2) a request has been made that the applicant maintain the landscaping along West Front Rd. for a period of two years. City staff does not recommend approving a time limit on the developer's maintenance of the landscaping as it is part of the project development. The City does not have the funds to maintain this additional landscaping. The original project condition which states "The developer and/or subsequent owner shall assume responsibility for the continued maintenance of all landscape and common areas" (CUP Condition 12) _4 SITE PLAN ,.•„ Landscape strip along West Front & planter area Proposed landscape plan adjacent to near off ramp stop sign Cal Trans right-of-way on West Front Rd. Planned Development 23 Zone Text Change The proposed application includes a Zone Code Text Change to amend the PD -23 standards in the Atascadero Municipal Code. The original PD -23 text included specific provisions regarding the lot layout, conditions, and project specific requirements which are no longer consistent with the revised Master Plan of Development. An amendment to the Zoning Code Text is required to match the new project layout. If the Planned Development amendments are adopted, the revised project, as currently conditioned, would be consistent with the new PD -23 standards. The primary text change required in order to approve the revised Master Plan of Development is in regards to the garages and parking requirements for the residential development. The original PD -23 text states: "(fl Parking for two- (2) resident vehicles shall be provided in a garage with minimum interior dimensions of twenty (20) feet by twenty (20) feet. A minimum of one guest parking space of at least nine (9) feet by twenty (20) feet (nine (9) feet by twenty-two (22) feet when parallel]. The courtyard homes shall provide parking, based on multifamily development standards set forth in the Atascadero Municipal Code. On -street parking shall not be used to satisfy the parking requirements." The revised residential floor plans include a mixture of one and two -car garages, tandem garages, and smaller interior dimensions on the standard two -car garages. In order to be consistent with the revised project layout, the code text is proposed to be amended with more general parking requirements, consistent with the multifamily parking standards. The specific provisions regarding garage size have been eliminated as follows: (t) "The residential lots shall provide parkinq based on the multifamily development parking standards set forth in the Atascadero Municipal Code. A minimum of two (2) Parking spaces shall be provided on each lot, either within the garage or in the driveway of the unit. A minimum of one (1) quest parking space shall be provided on each lot in addition to any garage parking. A dedicated residential parking area shall be provided to meet the overall Atascadero Municipal Code multifamily parking requirements. On -street parking shall not be used to satisfy the parking requirements." The PD -23 text also includes a landscaping requirement which states: "All landscaping shown on the approved landscape plan will be installed by the developer and shall be permanently maintained as approved." The landscaping along West Front was originally required to be maintained by the developer or subsequent property owner as part of the commercial development. As discussed previously, the applicant has requested that the landscape along West Front next to the Cal Trans right-of-way be maintained by the developer only of period of two years, and then maintenance would be taken over by the City. The City does not have the funds to maintain the new landscaping, and therefore, no changes have been made to original project condition. If the Planning Commission chooses to recommend that the City Council change the maintenance requirements of the frontage landscaping, the PD -23 text and the project condition will need to be amended to reflect the new maintenance schedule. The complete amended PD -23 text requirements, as proposed, are included in Attachment 3 (PC Resolution for Zone Text Change.) The Commission can make recommendations to the Council to modify the proposed PD -23 text. Tentative Tract Map Lots 1-18 of the residential portion of the development (previously the multifamily duplex lots) have been redesigned to accommodate the revised site plans and floor plans. A new Tentative Tract Map (Tract 2970) has been submitted to reflect the adjusted lot lines. The revised project identifies the same number of lots as originally approved; no new lots have been created. The new Tentative Tract Map is consistent with the proposed Master Plan of Development and PD -23 Zone Change Amendments. The Tract Map has been conditioned by staff and the City Engineer to meet all City standards including on-site and off-site street improvements. The applicant will be required to establish a Community Facilities District prior recordation of the Final Map (CUP Condition 19 / TTM Condition 12.) Revised Conditions of Approval and Exhibits The applicant has requested modifications to the original conditions of approval for West Front Village. A written statement has been provided by the developer to summarize the project changes and amended condition requests discussed in this staff report. The developer's written statement is included as Attachment 2 of this report. The following points summarize the developer's requests and amended conditions: 1. Request for modifications to commercial lot 2 site plan (Master Plan of Development). Amended exhibits show commercial retail building; gas station removed. 2. Request for modifications to the site plan (Master Plan of Development) for the residential lots 1-18. Amended exhibits included in the resolution. 3. Modifications requested to the architectural elevations in the residential development. Exhibits amended to reflect new "Mission Revival" elevations on all residential units. 4. Tentative Tract Map submitted for revised lot lines on lots 1-18 of the residential development. Resolution attached. 5. Applicant requested clustering the six required affordable units on lots 13-18. These are the remaining duplex units located off the shared driveway. The units include one -car garages and smaller floor plans. Staff does not recommend clustering the affordable as it is not consistent with City Council policy. The original condition which requires the affordable units to be distributed throughout the development remains unchanged. 6. Applicant requested modification of phasing condition which requires Business Park to be developed prior to residential lots and substituting requirement for development of commercial lots 1 and 2. Condition has been amended as requested. 7. Request to modify CalTrans landscaping condition. Exhibits amended in attached resolution to reflect revised landscape between the West Front right-of- way and Highway 101. Condition which requires developer to maintain the project landscaping remains in amended resolution as the City does not have the funds to maintain the additional landscaping. 8. Zone Text Change submitted to amend garage and parking required on the PD - 23. Resolution attached for Zone Text Change. The revised Conditional Use Permit and Tentative Tract Map conditions include the amended conditions for the proposed project as well as the original conditions which will carry over from the original 2005 project approval. The exhibits have also been consolidated within the attached resolutions. All conditions of the previous CUP and TTM shall remain in place unless specifically amended. As a point of clarification, the amendment shall supersede any original conditions if any conflicts occur. All other portions of the project are to remain as originally approved. No additional native trees are proposed for removal with the project Amendment. No changes are proposed to the sewer service or location, drainage or detention basins, wetland mitigation, frontage improvements, etc. General Plan Consistency The proposed project, as conditioned and with mitigation measures implemented is consistent with the following General Plan Land Use and Housing Element Policies: Land Use Program 1.1.7: "Within the Urban Core encourage infill development or revitalization or reuse of land already committed to urban development where utilities and public services exist. Housing Element Policy 1.1: "Encourage steady production of new housing, including mixed-use projects in commercial land use areas, to meet the needs of all household types in the City." Implementing General Plan programs requires appearance review of architectural design, materials, street trees, and landscaping to improve the appearance along Highway 101, and incorporate architectural themes into the site and building design. The proposed project includes street frontage and highway frontage landscaping consistent with General Plan requirements. The Planning Commission must find that the proposed project is consistent with the appearance review requirements set forth by the General Plan and Council Policy regarding the granting of modified development standards through the Planned Development Overlay process. Findings Master Plan of Development (Conditional Use Permit) A Master Plan of Development is required for a Planned Development in the form of a Conditional Use Permit. The Conditional Use Permit process provides the opportunity for the public and the Planning Commission to review the specifics of land use proposals, such as architectural design, site design, landscape, signage, and specific standards of the zoning ordinance. The Planning Commission must make the following five findings to recommend approval of the requested Conditional Use Permit Amendment: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual. Staff Comment: The revised project is consistent with the General Plan policies listed above. 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) including the Planned Development Ordinance. Staff Comment: As conditioned, and with the PD -23 Zone Text Changes, the project meets all development standards required by the zoning ordinance. 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. Staff Comment: The proposed development will not be detrimental to the general public or working people's health, safety, or welfare. 4. The proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development. Staff Comment: The project has been designed to be consistent with the existing residential and commercial neighborhood character, and to enhance the appearance along West Front and U.S. Highway 101 with project landscaping. 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. Staff Comment: The proposed project and use is consistent with the traffic projections and road improvements anticipated within the General Plan. 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 Staff Comment: The proposed land uses will provide high-quality commercial along U.S. Highway 101, business park uses adjacent to existing commercial uses while providing a medium -density residential neighborhood transition to existing single- family neighborhoods. 7. The proposed project is in compliance with any pertinent City policy or criteria adopted by ordinance or resolution of the City Council. Staff Comment: The proposed project is consistent with City and Council policies. As previously discussed, items such as clustering the affordable units and City maintenance of the project frontage landscaping, have not been recommended as they would contradict City policy. Based on staff's analysis in the preceding sections, and as conditioned, it appears that all of the required findings for approval of a Master Plan of Development (Conditional Use Permit) can be made. As conditioned, changes to the Master Plan of Development or project Conditions can be made by the Planning Commission in the future without Council action. Proposed Environmental Determination A Draft Negative Declaration was circulated to public agencies and interested members of the public on September 25, 2005. The environmental analysis identified concerns regarding potential impacts to aesthetics, air quality, biological resources, cultural resources, geology and soils, hazards and hazardous materials, hydrology and water quality, land use and planning, mineral resources, noise, population and housing, public services, recreation, transportation/traffic, and utilities/service. Mitigation measures pertaining to these resources are included. The City Council certified the Mitigated Negative Declaration on September 27, 2005. The proposed project Amendment is consistent with Certified Mitigated Negative Declaration 2005-0165. Staff believes that the proposed amendments are consistent with the original Mitigated Negative Declaration. Conclusion The proposed project includes an Amendment to the Master Plan of Development (CUP), a new Tentative Tract Map for residential lot 1-18, and a Zone Text change to amend the PD -23 requirements. The residential lots have been redesigned with proposed Tract 2970 to accommodate detached single-family units with individual driveways on lots 1-12. Lots 13-18 are designed off a shared driveway with attached duplex units. The total number of lots in the development has not changed with the new Tentative Tract Map. The elevations on the residential units have been redesigned in a "Mission Revival" architectural style. Revisions to lot 2 of the commercial development propose replacing the previously approved gas station with a 4,880 square -foot commercial retail building. Amendments to the original project conditions of approval are proposed. The amended Master Plan of Development, as conditioned, will incorporate all site development, landscaping, and architectural design standards for the project. The proposed amended project meets the findings for approval as analyzed within the staff report. ALTERNATIVES 1. The Commission may recommend modifications to the project and/or conditions of approval for the project to the City council. 2. The Commission may determine that more information is needed on some aspect of the project and may refer the item back to the applicant and staff to develop the additional information. The Commission should clearly state the type of information that is required and move to continue the item to a future date. 3. The Commission may recommend the City Council deny the project. The parcel would retain its designation of General Commercial. The Commission should specify the reasons for denial of the project and make an associated finding with such action. ATTACHMENTS: Attachment 1: Location Map, Zoning and General Plan Attachment 2: Developer's Statement Attachment 3: Draft Resolution PC 2009-0005 Attachment 4: Draft Resolution PC 2005-0006 Attachment 5: Draft Resolution PC 2005-0007 Attachment 1: Location Map, General Plan and Zoning General Plan Designation: General Commercial, Medium Density Residential Zoning District: Commercial Retail, Residential Multi -Family -10 and Planned Development 23 overlay Attachment 2: Developer's Statement West Front Village Master Plan of Development - Developer's Statement (Modified Jan. 06, 2009) Owner: West Front Village, LLC Attn: ,john Rossetti / Richard Shannon / Jim Shores Project: Modification of Existing Master Plan of Development for West Front Village Residential and Commercial & Proposed Vesting Tentative Tract 29713, West Front Road and Coromar Court, Atascadero, CA Existing Zoning: Single Family Residential -X, Commercial Retail CR Proposed Land Use: Residential Multiple Family -10 00 units/acre), Commercial Total Gross Floor Area: Tract 2970 (Lots 1-18) = 33,098 sf Tract 2621 (Lots 14-27) - 25,270 sf Tract 2621 (Lot 2) = 4,880 sf Net Site Area: Tract 2970 (Lots 1-18) = 76,404 sf Tract 2621 (Lots 14-27) = 73,119 sf Tract 2621 (Lot 2) - 24,402 sf JAN ] 2 'uu-� Protect Request - 1. Approve the modifications to the existing Master Plan of Development regarding site plan configuration to Lot 2 of Tract 2621 substituting a general commercial building for the originally approved gas station. 2. Approve the modifications to the existing Master Plan of Development regarding site plan configuration of proposed Tract 2970 and new "Mission Revival" architectural and landscape details. 3. Approve the modifications to the existing Master Plan of Development regarding new "Mission Revival" architectural details for Lots 14 - 25 of Tract 2621 (no site plan or landscape revisions proposed). 4. Approve Vesting Tentative Tract 2970 (essentially a LLA of a portion of Tract 2621). 5. Approve proposed "clustered" location of affordable housing units on Lots 13- 18, Tract 2970. 6. Approve modifications of Condition #7.0 (1.0) that requires the business park be built prior to the residential lots (affects "Business Park" Lots 5-13, Tract 2621). 7. Modify the extent and scope of landscaping requirements along the Caltrans right-of-way fronting the site on West Front Road. 8. Approve a Zone Change Text Amendment to the parking standards for PD - 23 developments. The affordable duplex units propose a single car garage and one parking space in the driveway, while meeting the RMF off-street parking standards for guest parking. The parking standards need to be modified to allow tandem parking configurations as shown on the attached architectural drawings. Project Description In September of 2005 the City Council approved the following for the West Front Village project (8870 West Front Road, 8760 Portola Road): 1. General Plan Amendment (CPA 2003-0005) 2. Planned Development Zone Code Text 2003-0058 3. Zone Change (ZCH 2003-0088) 4. Master Plan of Development (CUP 2003-0108) 5. Tentative Tract Map 2003-0035 The anchor tenant of the commercial project, the Holiday Inn Express, has been constructed and building permits for a new Jack-in-the-Box restaurant are in progress. However, since the original approval of the project market and other forces have brought certain project shortcomings to light that require this request to better tailor the ,project to today's economic realities. Even though the proposed project does not propose to increase the number of lots, housing units, or density, these new concerns must be addressed: 1. The architectural style needs to be revised due to the glut of Craftsman - Style homes and approved projects on the market. Market research by the owners indicates target home -buyers want a Mission Revival housing product alternative. The owners are concerned the approved plans and design concept are not viable in today's housing market, and that the proposed changes will result in an equally attractive neighborhood, that is more feasible to be constructed and successfully marketed. 2. The proposed changes seek to improve on the rear and side yard privacy of the single family detached homes, and reduce conflicts due to common driveways, shared maintenance and potential noise issues. Tandem garages and recessed garage locations have been incorporated within Tract 2970 to minimize the appearance of garage doors from the street. 3. Architectural details of the courtyard homes east of Coromar Court (Lots 14-27, Tract 2521) are proposed, consistent with the Mission Revival style proposed for Tract 2920. No site plan or landscaping changes are proposed. 4. The owners intend on renting the affordable housing units and from a management standpoint the clustered configuration will allow better management, supervision and maintenance of the units. We acknowledge that this contradicts past City policies, however consider it a key element for the success of the project. S. In an effort to complete the project in a timely manner the owners are requesting the modification of any timing constraints with respect to the "Business Park" light industrial lots, namely Lots 5-13, Tract 2621— The current request includes a proposed substitution of the current condition language for "the development of both commercial Lots 1 and 2 of Tract 2621 shall precede any residential development". The Business Park will be then free to develop based on market forces. All other areas of the original Tract 2621 will not be affected by this re- subdivision; and, the covenants, conditions, and restrictions will be amended as necessary. A. Tract 2970 Development of the Tract 2621 subdivision improvements is currently ongoing, and will be completed once this project is approved to minimize utility relocations. Construction of the proposed homes will occur in a single phase on a lot -by -lot basis. The project is expected to begin construction in the spring of 2009, and reaching completion, based on market demand in summer fall of 2010. The project proposes to eliminate the common driveways and attached garage units originally approved, along with modifications to the architectural design. The project proposes a new "Mission Revival" architecture to move away from the abundance of craftsman -style projects currently on the market within the City. Tract 2970 proposes the construction of 18 homes with improved architectural enhancements; 8 -one story (Plan E & F) and 4 -two story (Plan D) single-family market rate residential homes, and six two-story "zero lot line" affordable housing units (Plan G). The garage design includes 16 of the 18 homes having singlewide garage doors with Plans D and E using tandem -style garage parking, and Plan G with one -car garages. A standard double garage door is proposed on the corner Lots 8 and 9. Several of the plans include a decorative plaster wall around a front courtyard. Driveways are proposed as concrete with decorative concrete treatments. The construction materials will include wood, various stucco textures, tile roofs, wood frame, and concrete slab foundation. Lots will include fully landscaped and drip irrigated front yards; and will include the incorporation of Low Impact Design features such as the elimination of front yard lawns and inclusion of drought tolerant plants. The existing Tract 2621 site contains several native trees, however no trees exist within the limits of proposed Tract 2970. The six proposed affordable housing units on Lots 13 thru 18, and the market rate homes on Lots 1 1 and 12 will be accessed via an aesthetically and operationally improved landscaped traffic court at the end of Coromar Court. The open area includes HOA maintained landscaping, utility easements and under -ground facilities, and four common parking spaces. The entire auto -court will be paved with decorative concrete (matching West Front Road entry features, Portola Road / Coromar Ct entry / crosswalks). The project drainage will flow to the Tract 2621 designed drainage basin located on Lot 28, Tract 2621 . 0.) Exception Request The only exception requested from the City's subdivision design standards will be the location of the zero lot line affordable units located on three contiguous sites, namely Lots 13-18 on the auto court. The proposed configuration allows for the combination of higher density and easier management of the parking, lower cost pavement maintenance and common landscape area.B. Lots 14-27, Tract 2621 The floor plans and architecture of the courtyard homes, namely Plans A, B and C, are proposed to be modified to the "Mission Revival" architecture shown on the attached elevations. All previously approved lot configurations, site plans, footprints and preliminary landscape architecture will be maintained. The existing native trees on these lots will be protected and mitigated as addressed in the Tract 2621 project documents (site grading and construction in these areas is ongoing, and the trees are protected). C. Lot 2, Tract 2621 The project request includes the substitution of the proposed 4880 sf commercial building on Lot 2 fronting West Front Road for the originally approved gas station. The structure will have complementary architecture matching both the existing Holiday Inn Express and the proposed jack-in-the-Box currently in plan review. The building may be sub-leased in as many as four units for small shops, restaurants, of retail shops. No tenants have been identified at this time. D. Caltrans Landscaping The original project included landscaping within the Caltrans right-of-way. However Caltrans stipulations for maintenance in perpetuity are not feasible. As an alternative to this the current application requests a modified condition which would require the area fronting the site between the easterly edge of pavement and the Caltrans chain link fence be landscaped in accordance with submitted landscape plans, and maintained by the applicant for two years. Environmental Impact Assessment The proposed project does not propose any new environmental impacts that were not addressed in the previous project approval; therefore we anticipate no changes from an environmental mitigation standpoint. The elimination of the gas station will eliminate the potential water quality issues associated with storm water runoff from the site. A soils report was previously submitted to the City for review with Tract 2621 and was approved with the subdivision plans for that project, and is not included in this submittal. Construction and pad grading is on going pursuant to this soils report. Final soils/compaction report will be submitted upon completion. No potential noise problems exist for this development Existing Site Setting: Tract 2970 is a resubdivision of Lots 29-45 of Tract 2621. The site has been cleared and rough graded pursuant to the approved pians for Tract 2 621 . No significant additional grading is needed for the proposed project. Building construction of the Holiday Inn Express on Lot 4 is complete, and the grading and installation of the balance of the subdivision improvements is on going. The drainage basins within Tract 2621 exist and are also near completion. The main trunk lines of utilities and storm drains part of the subdivision also exist at this time. Soils consist of light brown sandy clay, and no instability or problematic soils conditions are anticipated. Surrounding Site Setting: The existing topography of the surrounding area is relatively level, with terrain generally sloping towards Highway 101 to the east. Utility stub -outs to the surrounding properties have been constructed in San Simeon Ct. Surrounding soils are to be relatively consistent with the site. The surrounding land uses are: Northeast: RSF-X zoned. Residential development is proposed for the graded west and east sides of Coromar Drive. Northwest: RSF-X zoned. Residential development exists on west side of existing sound wall and west and east side of Coromar Road. Southeast: Commercial Retail zoned. Holiday Inn Express is currently under construction. Restaurants and retail sales are also proposed. Southwest: RSF-X. Existing residential development. (End) ATTACHMENT 3: Draft Resolution PC 2009-0005 ZCH 2009-0152 Recommendation to Approve Proposed PD -23 Overlay Zone Code Text Change DRAFT RESOLUTION PC 2009-0005 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL AMEND THE ATASCADERO MUNICIPAL CODE BY APPROVING ZONE CHANGE 2009-0152 TO ESTABLISH A ZONE TEXT CHANGE TO AMEND PLANNED DEVELOPMENT OVERLAY DISTRICT #23 TEXT APN 056-131-034 through 056-131-065, 022, 023 9002 West Front Road & 9000-9092 Coromar Ct. (Shannon / West Front Village, LLC) WHEREAS, an application has been received from Richard Shannon (6755 El Camino Real, Atascadero, CA 93422) Applicant, and West Front Village, LLC (1301 Chorro Street, San Luis Obispo, CA 93401), Property Owner, to consider a project consisting of. a Zone Code Text Amendment to change the PD -23 (Planned Development #23) zoning text; a CUP (Condition Use Permit) Amendment to amend the Master Plan of Development over the project site; and a Tentative Tract Map to amend the lot lines of 18 of the existing residential lots at 9002 West Front Road & 9000-9092 Coromar Ct. (APN 056-131-034 through 056-131-065, 022, 023); and, WHEREAS, Article 28 of the Atascadero Municipal Code allows for the creation of Planned Development Overlay Zones to promote orderly and harmonious development and to enhance the opportunity to best utilize special site characteristics; and, WHEREAS, an the Zone Code Text Amendment is in substantial conformance with Certified Mitigated Negative Declaration 2005-0165 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, the Planning Commission has determined that it is in the best interest of the City to enact this amendment to the Zoning Code Text to protect the health, safety and welfare of its citizens by applying orderly development and expanding housing opportunities within the City; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Text Change application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said zoning amendments; and, WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing held on February 17, 2009, studied and considered Zone Change 2009-0152, after first studying and considering Certified Mitigated Negative Declaration 2005-0165, and, NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings for Approval of a Zone Text Change. The Planning Commission finds as follows: 1. The Planning and Zoning text change is consistent with General Plan policies and all other applicable ordinances and policies of the City. 2. Amendment of the Planned Development Overlay #23 (PD -23) standards will provide for the orderly and efficient use of lands where such development standards are applicable. 3. The text change will not, in itself, result in significant environmental impacts. SECTION 2. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on February 17, 2009 resolved to recommend that the City Council introduce for first reading by title only, an ordinance that would amend the City Zoning code text with the following: 9-3.668 Establishment of Planned Development Overlay Zone No. 23: (PD23). Planned Development Overlay Zone No. 23 is established as shown on the official zoning maps (Section 9-1.102 of this title). A Planned Development Overlay Zone No. 23 is established on parcels APN 056-131-015, 017, 018, and 019 with a combined gross acreage of 13.35 acres. The maximum residential density within the planned development shall not exceed the following: fourteen (14) single family courtyard homes, eighteen (18) multifamily duplex units (as shown on the master plan of development). The development standards contained within the master plan of development document (CUP 2003-0108), as conditioned, shall be applied to all future development within the project area, and as follows: (a) The master plan of development (CUP 2003-0108) for the site shall be approved. All construction and development shall conform to the approved master plan of development, as conditioned. (b) No subsequent tentative parcel or tract map shall be approved unless found to be consistent with the approved master plan of development. (c) Each dwelling unit, landscaping, walls, and fencing shall be subject to review under the City's Appearance Review requirements consistent with the approved master plan of development. (d) Building setbacks, lot sizes, landscape area, and lot coverage shall be as identified within the approved master plan of development and as conditioned. (e) All mechanical equipment, including HVAC units and utility meters, shall be screened from view from adjacent streets and properties. (f) "The residential lots shall provide parking based on the multifamily development parking standards set forth in the Atascadero Municipal Code. A minimum of two (2) Parking spaces shall be provided on each lot, either within the garage or in the driveway of the unit. A minimum of one (1) quest parking space shall be provided on each lot in addition to any garage parking. A dedicated residential parkinq area shall be provided to meet the overall Atascadero Municipal Code multifamily parking requirements. On -street parking shall not be used to satisfy the parking requirements." (g) Parking for the commercial and hotel use areas shall total the combined required parking spaces shared among each use, as identified in the master plan of development. (h) All landscaping shown on the approved landscape plan will be installed by the developer and shall be permanently maintained as approved. (i) Individual trash collection shall be used for each residential unit. Provisions shall be made for storage of trashcans within the garage or fenced area. (j) Trash for the commercial uses shall be stored within the designated receptacle area and shall include recyclable waste. (k) All utilities, including electric, telephone and cable, along the frontage of and within the PD shall be installed underground. (1) Alterations, additions, or conversions to established dwelling units and/or commercial buildings shall be subject to the density and site development standards of the underlying zone and shall be reviewed pursuant to the City's Appearance Review Guidelines. (m) All trees shown to be protected on the approved master plan of development shall be maintained. Native trees within the 3.99 acre SFR -X parcel APN 056-131-015 shall be preserved unless deemed hazardous and unsafe by a certified arborist. Any other future tree removal shall require approval per the requirements set forth in the Atascadero Native Tree Ordinance. (o) Allowed uses for the commercial portion of the project fronting West Front shall be as prescribed as follows: Allowable uses: (1) Building materials and hardware (see Section 9-6.165 of this title); (2) Food and beverage retail sales; (3) Furniture, home furnishings and equipment; (4) General merchandise stores; (5) Mail order and vending; (6) Temporary or seasonal sales (see Section 9-6.174 of this title); (7) Financial services; (8) Health care services; (9) Personal services; (10) Light repair services; (11) Eating and drinking places; (12) Horticultural specialties (see Section 9-6.116 of this title); (13) Business support services, where all areas of use are located within a building; (14) Hotels and motels; (15) Schools (see Section 9-6.125 of this title); (16) Temporary events (see Section 9-6.177 of this title). Conditional uses: (1) Amusement services; (2) Bar/tavern; (3) Eating and drinking places with drive-through facilities; (4) Service station (see Section 9-6.164 of this title); (5) Public assembly and entertainment; (6) Indoor recreation services; (7) Animal hospitals (see Section 9-6.110 of this title); (8) Food and kindred products (see Section 9-6.128 of this title); (9) Indoor auto dealers (new and used) and supplies (see Section 9-6.163 of this title) (p) Allowed uses for the business park portion of the project behind the hotel shall be as prescribed as follows: Allowable uses: (1) Broadcast studios; (2) Building materials and hardware (see Section 9-6.165 of this title); (3) Furniture, home furnishings and equipment; (4) General merchandise stores; (5) Mail order and vending; (6) Temporary or seasonal sales (see Section 9-6.174 of this title); (7) Financial services; (8) Health care services; (9) Offices; (10) Small scale manufacturing; (11) Temporary offices (see Section 9-6.176 of this title); (12) Personal services; (13) Light repair services; (14) Accessory storage (see Section 9-6.103 of this title); (15) Membership organizations; (16) Horticultural specialties (see Section 9-6.116 of this title); (17) Business support services, where all areas of use are located within a building; (18) Social and service organizations; (19) Libraries and museums; and (20) Temporary events (see Section 9-6.177 of this title). Conditionally allowable uses: (1) Indoor auto dealers (new and used) and supplies (see Section 9-6.163 of this title). (Ord. 486 § 2, 2005) BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. 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 Sandy Jack Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary ATTACHMENT 4: Draft Resolution PC 2009-0006 Amendment to Master Plan of Development (CUP 2003-0108 Amendment) DRAFT RESOLUTION PC 2009-0006 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE AN AMENDMENT TO CONDITIONAL USE PERMIT 2003-0108 (MASTER PLAN OF DEVELOPMENT) ON APN 056-131-034 through 056-131-065, 022, 023 9002 West Front Road & 9000-9092 Coromar Ct. (Shannon / West Front Village, LLC) WHEREAS, an application has been received from Richard Shannon (6755 El Camino Real, Atascadero, CA 93422) Applicant, and West Front Village, LLC (1301 Chorro Street, San Luis Obispo, CA 93401), Property Owner, to consider a project consisting of: a Zone Code Text Amendment to change the PD -23 (Planned Development #23) zoning text; a CUP (Condition Use Permit) Amendment to amend the Master Plan of Development over the project site; and a Tentative Tract Map to amend the lot lines of 18 of the existing residential lots at 9002 West Front Road & 9000-9092 Coromar Ct. (APN 056-131-034 through 056-131-065, 022, 023); and, WHEREAS, the site's current General Plan Designation is Medium Density Residential (MDR) and General Commercial (GC); and, WHEREAS, the site's current zoning district is RMF -10 (Residential Multi -family — 10) and Commercial retail (CR) with a Planned Development #23 Overlay (PD -23); and, WHEREAS, the Planning Commission has recommended a Zone Code Text Change to amend the requirements of Planned Development Overlay #23 (PD -23); and, WHEREAS, the PD -23 requires the adoption of a Master Plan of Development, approved in the form of a Conditional Use Permit; and, WHEREAS, the City Council approved the original Master Plan of Development (CUP 2003-0108) for the site on September 27, 2005; and, WHEREAS, the proposed Conditional Use Permit Amendment is in substantial conformance with Certified Mitigated Negative Declaration 2005-0165 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, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Change application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Amended Master Plan of Development; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on February 17, 2009, studied and considered the Master Plan of Development Amendment (Amendment to CUP 2003-0108), after first studying and considering Certified Mitigated Negative Declaration 2005-0165, 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) including provisions of the PD -23 Overlay Zone; and, 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, 4. The proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5. The proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element; 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 in compliance with any pertinent City policy or criteria adopted by ordinance or resolution of the City Council. SECTION 2. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on February 17, 2009, resolved to recommend that the City Council approve Conditional Use Permit 2003-0108 Amendment (Master Plan of Development Amendment) subject to the following: EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program EXHIBIT B-2: Alternate Site plan EXHIBIT B: Amended Master Plan of Development/Site Plan EXHIBIT C: Arborist Report EXHIBIT D: Tree Protection Plan EXHIBIT E: Amended Grading and Drainage Plan: Residential lots 1-18 EXHIBIT F: Preliminary Grading and Drainage Plan (portions superseded) EXHIBIT G: Preliminary Landscape Plan (portions superseded) EXHIBIT H: Amended Freeway Frontage Landscaping Plan EXHIBIT I: Amended Commercial Lot 2 landscaping EXHIBIT J: Amended Residential Landscape Plan Lots 1-18 EXHIBIT K: Lot 2 Commercial retail amended floor plan and elevations EXHIBIT L: Business Park Elevations EXHIBIT M: Retail Elevations EXHIBIT N: Hotel Elevations EXHIBIT O: Courtyard Homes Site Plans EXHIBIT P: Amended Elevations (Plans A, B, C, D, E, F, G) EXHIBIT Q: Amended Residential Floor plans (Plans A, B, C, D, E, F, G) EXHIBIT R: Color Boards 1: Residential EXHIBIT S: Color Boards 2: Business Park and Lot 3 commercial EXHIBIT T: Color Boards 3: Hotel BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. 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 Sandy Jack Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program - PD -23 PLN 2099-0997 / Master Plan of Development Amendment (2009) (CUP 2003-0108 Amendment) Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services West Front Vi//age License FD: Fire Department PD -23 Master Plan of Development Amendment GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer PLN 2099-0997 (CUP 2003-0108 Amendment) FI: Final Inspection TO: Temporary WW: Wastewater CA: City Attorney Occupancy FO: Final Occupancy Planning Services Planning Services 1. The approval of this zone change and use permit shall become final FM PS and effective following City Council approval. 2. The approval of this Amended use permit shall become final and FM PS effective for the purposes of issuing building permits thirty (30) days following the City Council approval of ZCH 2009-0152 upon second reading, unless prior to the time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 3. The Community Development Department shall have the authority BP/FM PS, CE 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 final authority to approve any other changes to the Master Plan of Development and any associated Tentative Maps unless appealed to the City Council. 4. Approval of this Conditional Use Permit shall be valid for 24 months BP/FM PS after its effective date. At the end of the period, the approval shall expire and become null and void unless the project has received a building permit or a time extension. The Conditional Use Permit shall be linked with the Tentative Tract Map and shall be automatically extended if the Tentative Map receives a time extension. 5. The applicant shall defend, indemnify, and hold harmless the City of Ongoing PS Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the subdivision 6. All subsequent Tentative Map and construction permits shall be BP/FM PS, CE consistent with the Master Plan of Development contained herein. The conditions and exhibits identified within this Amendment shall supersede the original project conditions and exhibits where conflicts occur. The 2008 Jack in the Box Amendment on Lot 1 PLN 2008-1300 shall remain in place for Lot 1. All exhibits for Lot Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services West Front Vi//age License FD: Fire Department PD -23 Master Plan of Development Amendment GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer PLN 2099-0997 (CUP 2003-0108 Amendment) FI: Final Inspection TO: Temporary WW: Wastewater CA: C4 Attorney Occupancy FO: Final Occupancy 1 shall be consistent with PLN 2008-1300. 7. Phasing Condition: Phasing of the various uses on Lots 3-12 BP/FM PS, CE (Hotel and Business Park) are as follows: 1.0 Project owners agree to complete construction of the Hotel and the commercial retail building on lots 1 and 2 of Tract 2621 and obtain a Certificate of Occupancy for same, prior to obtaining a Certificate of Occupancy for any of the Residential units. 2.0 Once the hotel and the commercial retail building on lots 1 and 2 of Tract 2621 are 75% complete (framed and waterproofed) as determined by the Community Development Director and a signed contract with the hotel operator is provided to the City , the project owners have the option of obtaining a Performance Guarantee, acceptable to the City, to ensure the completion of the Hotel and Business Park. Should project owners choose to do so, the requirement for obtaining a Certificate of Occupancy in Section 1.0 for Hotel and Business Park shall be deemed satisfied. 3.0 Commercial Lot number 3 shall be marketed by project owners as a restaurant use for a period of not less than 2 years from opening and operation of the hotel. 4.0 The applicant shall implement the approved restaurant marketing plan from project approval through two years from the opening and operation of the project hotel. The applicant shall submit quarterly progress reports to the Community Development Director demonstrating due diligence in marketing the restaurant site for development. If a restaurant use is not secured by the applicant at the end of the marketing period, a final report shall be submitted to the Community Development Director documenting the final results of the marketing plan and requesting that retail use be permitted on the restaurant site. The Community Development Director shall make a final determination within two weeks of the applicant's request. 8. All exterior elevations, finish materials, and colors shall be BP PS consistent with the attached Exhibits and shall include the following, subject to staff approval: • Final hotel design shall be consistent in architectural style and detailing of the retail buildings. ■ All exterior material finishes (siding, trim, doors, windows, light fixtures, garage doors) shall be durable, and high quality. ■ Roofing shall incorporate the 3 types of mission tile within the residential homes per the attached Exhibit. ■ All trash storage, recycle storage, restaurant service enclosure/area and air conditioning units shall be screened from view behind Conditions of Approval / Mitigation Monitoring Program West Front Vi//age PD -23 Master Plan of Development Amendment PLN 2099-0997 (CUP 2003-0108 Amendment) Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: C4 Attorney Mitigation Measure architecturally compatible or landscaped enclosures. ■ All stucco finishes shall be a smooth / light sand finish, consistent with the Phase 1 hotel building ■ Final color selection for the project shall be per Exhibits K, R, S, & T, with the exception of the accent colors shown on the residential development in Exhibit R. The accent colors on the residential color board shall be changed to be consistent with the Mission Revival style, subject to staff approval, prior to the issuance of building permits. ■ All of the driveways in the residential development (including the individual driveways and the shared loop driveway for lots 11-18) shall be done in pavers or decorative concrete (stamped and colored concrete; sample subject to staff approval prior to building permit issuance.) ■ Eve treatments shall be balanced and architecturally compatible throughout the units and elevations. Eave treatments shall be installed on all sides of the structures and shall not be eliminated. Where building setbacks limit overhangs, a compatible architectural treatments of the eves shall be installed. ■ The brick treatment on Lot 2 of the commercial development shall be consistent with the brick used on the holiday Inn and Jack-in-the-box. 9. All site work, grading, and site improvements shall be BP/FM PS, BS, CE consistent with the Master Plan of Development as shown in EXHIBIT B, with the following exceptions: ■ In the case that a joint access easement cannot be obtained from the parcel to the south, the project shall be redesigned consistent with Exhibit B-2. ■ The parking space located closest to the adjacent sidewalk, in the parking court adjacent to the park, shall be deleted and additional landscaping shall be included. ■ The sidewalk along Coromar Court shall be extended along lot #28 to lot # 45 of Tract 2621. ■ A minimum of 2 feet landscape/planter area shall be provided between all pavement and proposed fencing, walls, or residential units. ■ 4 -foot width of turfblock shall be added to the driveways adjacent to lots 45, 46 and 40, 41 of Tract 2621. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services West Front Vi//age License FD: Fire Department PD -23 Master Plan of Development Amendment GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer PLN 2099-0997 (CUP 2003-0108 Amendment) FI: Final Inspection TO: Temporary WW: Wastewater CA: C4 Attorney Occupancy FO: Final Occupancy ■ The applicant shall construct $1,500.00 of off-site landscape buffering on the adjacent parcel, referred to as the Smith property. ■ There shall be no parking on the shared driveway for Lots 11-18 (Tract 2970.) Signs shall be posted along the driveway. ■ The residential lots shall include dedicated trash areas. Concrete pads shall be installed in the dedicated trash areas. A solid concrete pathway shall be made available from the trash enclosure to the street. ■ A lighting plan shall be submitted for commercial lot 2 prior to building permit issuance. A photometric plan shall be required to show that no light spills off site onto the residential lots. ■ The elevations on all lots (revised lots 1-18 and original courtyard homes ) shall be consistent with Amended Exhibit Q. 9.A. If the project utilizes the access alternative shown in Exhibit B- BP PS 2, then the Tentative Tract Map, Grading and Drainage Plan and Landscape Plan shall be revised consistent with Exhibit B-2. 9.13. The applicant shall obtain written approval from the Atascadero BP PS Mutual Water Company for the improvements within the AMWC easement on lot 14. 10. All property development shall be per the minimum setback BP PS dimensions shown in the Master Plan of Development and attached Exhibits, with the following exceptions: ■ The courtyard homes shall be consistent with the lot layouts in Exhibit O (original master plan of development Exhibit.) No changes to the site plan of the courtyard homes are included with this amendment. The site plan of lots 1-18 shall be consistent with the Amended master plan of development (Exhibit B.) ■ The courtyard homes and/or porches shall be setback a minimum of 5 feet from the parking court. ■ Guest parking spaces shall be setback a minimum of 2 feet from Conditions of Approval / Mitigation Monitoring Program West Front Vi//age PD -23 Master Plan of Development Amendment PLN 2099-0997 (CUP 2003-0108 Amendment) Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: C4 Attorney Mitigation Measure structures, fencing, and walls. ■ Lots 1-18 shall maintain a minimum side setback of 5 -feet from the property line from living spaces and 3 -feet from the property line for garages. Any second story pop -outs on the living areas shall maintain a minimum 3 foot setback from the side property line and shall include decorative elements to enhance the architecture. 11. A final landscape and irrigation plan shall be approved prior to the BP PS, BS issuance of building permits and included as part of site improvement plan consistent with the attached Exhibits H, I, and J, and as follows: ■ All areas shown on the landscape plan shall be landscaped by the developer prior to the final of any single building permit for each parcel. ■ The perimeter residential and commercial privacy walls shall be constructed per the original Master Plan of Development and the attached exhibits with the appearance of decorative stacked stone or stacked stone veneer, smooth/light sand stucco (not textured ) or split face concrete block walls (earth -toned colors to match or compliment project colors), and pre -cast concrete column and wall caps. ■ The low screen and/or retaining walls between West Front Road and the commercial /fast food/retail building shall be constructed with decorative stacked stone or stacked stone veneer. • All retaining walls are to be constructed of dark earth -tone split face block with split face cap. ■ Special pavement shall be added within the internal street intersection. ■ Special paving treatment shown at the Coromar Court entrance shall extend to the 1St residential driveway. ■ Street trees shall be provided along maximum spacing of 30 feet on center, prior to occupancy of the units. ■ The applicant shall be required to provide landscaping along West Front Road up to the Caltrans right-of-way, consistent with the Amended landscape and irrigation plans and Exhibit H. ■ Buffer planter landscaping shall be comprised of evergreen conifers and shall be extended to include the entire landscape planter between the residential and commercial uses. Conifers shall be spaced to provide a solid visual barrier between the residential uses and the hotel/commercial retail sites. Evergreen trees shall be Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services West Front Vi//age License FD: Fire Department PD -23 Master Plan of Development Amendment GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer PLN 2099-0997 (CUP 2003-0108 Amendment) FI: Final Inspection TO: Temporary WW: Wastewater CA: C4 Attorney Occupancy FO: Final Occupancy installed along the entire length of the rear property line in the landscape planter and behind the commercial buildings. The site plan in Exhibits I and K shall be revised prior building permit issuance to allow a minimum 5 -foot wide landscape planter with evergreen trees behind the commercial retail building on Lot 2. The landscape buffer shall be consistent with the buffer on Lot 1 (Jack-in- the-Box) ■ Street and open space trees shall be minimum 15 -gallon size and double staked. ■ Commercial -grade bicycle racks shall be provided adjacent to each commercial building including the hotel. ■ Pocket park play equipment shall be per original Master Plan of Development shall be commercial grade and subject to staff approval. ■ A large oak tree shall be installed center of the landscape area in the looped shared driveway area of lots 11-18. The oak shall be a minimum of 8" DBH and 15 feet in height. ■ The applicant shall provide confirmation from a biologist that the basin in the residential development is construed per the original project approval and approved plans. ■ The landscape planters adjacent to the commercial building on lot 2 shall be a minimum width of 2 -feet. The planters located beneath the iron wall trellis features shall include vines. 12. The developer and/or subsequent owner shall assume GP PS responsibility for the continued maintenance of all landscape and BP common areas, consistent with EXHIBITS B, G, H, I , and J. 13. All project fencing shall be installed consistent with the original GP PS 2005 Master Plan of development and the attached exhibits subject BP to the following modifications: ■ The masonry screen wall shall be constructed as depicted in the original Master Plan of Development, sheet 5 with decorative stacked stone or stacked stone veneer columns and matching cap, as shown, shall be 8 feet tall, and shall include the following, subject to staff approval: o Stucco finish shall be of smooth appearance or similar. o The masonry wall shall be painted a dark earth tone color. ■ Residential fencing shall be as shown on sheet 5 of the original master plan of development and shall be 4 foot tall solid screening Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services West Front Vi//age License FD: Fire Department PD -23 Master Plan of Development Amendment GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer PLN 2099-0997 (CUP 2003-0108 Amendment) FI: Final Inspection TO: Temporary WW: Wastewater CA: C4 Attorney Occupancy FO: Final Occupancy with 2 foot lattice. ■ Open space fencing shall be a maximum of 3 feet. ■ The front entry walls in the front yards of residential lots 1-18 shall be a maximum height of 3 -feet tall. The front entry walls shall have a smooth stucco finish, consistent with the style of the buildings. 14. Affordable Housing Requirement: GP/BP PS, CA Project Site: The applicant shall deed restrict a minimum of 6 residential units for 30 years, prior to or concurrently with the final map, as follows: ■ 1 units at the very -low income rate, ■ 2 units at the low-income rate, ■ 3 units at the moderate income rate. All units shall be distributed throughout the project, subject to staff approval. Future 5 -Lot subdivision: The future subdivision of the site shall result in compliance with the most current City Council policy regarding affordable housing deed restriction or payment of in -lieu fees, prior to or concurrently with the final map. 15. Workforce Housing: Prior to recordation of final map, the applicant BP PS shall enter into a legal agreement with the City to reserve 1/2 of the units for sale to residents or workers within the City of Atascadero, including the affordable units. The agreement shall include the following provisions: ■ The units shall be offered for sale to residents or workers within the City of Atascadero for a minimum of 60 -days. During this time period offers may only be accepted from Atascadero residents or workers; • The applicant shall provide reasonable proof to the City that at least one of the qualified buyers is a resident or worker within the City Limits of Atascadero; ■ The Atascadero resident or worker restriction shall apply to the initial sale only; ■ The applicant shall identify which units will be reserved; and Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services West Front Vi//age License FD: Fire Department PD -23 Master Plan of Development Amendment GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer PLN 2099-0997 (CUP 2003-0108 Amendment) FI: Final Inspection TO: Temporary WW: Wastewater CA: C4 Attorney Occupancy FO: Final Occupancy The City Attorney shall approve the final form of the agreement 16. The proposed pylon shall be consistent with the sign detail shown BP PS in the original master plan of development, Sheet 16, and shall include the following, subject to staff approval: ■ The sign shall be a maximum of 50 feet tall. • Signage size shall not exceed as follows: 100 square feet: Major Tenant 30 square feet minor tenants 200 square feet maximum per sign face This condition shall supersede mitigation measure AES -5. 17. Commercial center tenant signage shall be as shown in the BP PS attached exhibits. All signs shall meet the size requirements of the Municipal Code. 18. A Tree Protection Plan shall be prepared for encroachment within GP PS the drip line of native trees located on or adjacent to the subject BP parcel. The applicant will contract with a certified arborist to monitor all activity within the drip lines of existing native oak trees. 19. The emergency services and facility maintenance costs listed FM PS below shall be 100% funded by the project in perpetuity. The service and maintenance costs shall be funded through a community facilities district established by the City at the developer's cost. The funding mechanism must be in place prior to or concurrently with acceptance of the final map for Tract 2970. The funding mechanism shall be approved by the City Attorney, City Engineer, and Administrative Services Director prior to acceptance of any final map. The administration of the above mentioned funds shall be by the City. Developer agrees to participate in the community facilities district and to take all steps reasonably required by the City with regard to the establishment of the district and assessment of the property. a) All Atascadero Police Department service costs to the project. b) All Atascadero Fire Department service costs to the project. c) Off-site common City of Atascadero park facilities maintenance service costs related to the project. 20. All tract maintenance costs listed below shall be 100% funded by FM PS the project in perpetuity. The service and maintenance cost shall be funded through either assessment districts or a Home Owners Association established by the developer and subject to City approval. The district or association must be in place prior to, or concurrently with acceptance of any final maps. The district or Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services West Front Vi//age License FD: Fire Department PD -23 Master Plan of Development Amendment GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer PLN 2099-0997 (CUP 2003-0108 Amendment) FI: Final Inspection TO: Temporary WW: Wastewater CA: C4 Attorney Occupancy FO: Final Occupancy association shall be approved by the City Attorney, City Engineer, and Administrative Services Director prior to acceptance of any Final Map. The administration of the above mentioned funds, and the coordination and performance of maintenance activities as follows, shall be the responsibility of the district or association. a) All streets, sidewalks, streetlights, street signs, roads, emergency access roads, emergency access gates, and sewer mains within the project. b) All parks, trails, recreational facilities and like facilities. c) All open space and native tree preservation areas. d) All drainage facilities and detention basins. e) All common landscaping areas, street trees, medians, parkway planters, manufactured slopes outside private yards, and other similar facilities. f) All frontage landscaping and sidewalks along arterial streets. 21. Prior to final map, the applicant shall submit CC&Rs for review and FM PS approval by the Community Development Department. The CC&R's shall record with the Final Map and shall include the following: a) Provisions for maintenance of all common areas including access, parking, street trees, fencing and landscaping. b) A detailed list of each individual homeowner's responsibilities for maintenance of the individual units. c) Individual unit's responsibility for keeping all trash receptacles within the unit's garage. d) A provision for review and approval by the City Community Development Department for any changes to the CC&R's that relate to the above requirements prior to the changes being recorded or taking effect e) A plan identifying location of trash cans for pick upon trash day shall be approved by the Atascadero Waste Alternatives and included in the CC&R's 22. All mitigation Measures listed in the certified Mitigated Negative Ongoing PS Declaration prepared by Padre and Associates shall be implemented and adhered to. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services West Front Vi//age License FD: Fire Department PD -23 Master Plan of Development Amendment GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer PLN 2099-0997 (CUP 2003-0108 Amendment) FI: Final Inspection TO: Temporary WW: Wastewater CA: C4 Attorney Occupancy FO: Final Occupancy 23. All tree removals shall be mitigated per the requirements of the BP PS Atascadero native Tree Ordinance. All trees located on the future 5 - lot subdivision shall be preserved. City Engineer Project Conditions 24. The project applicant may apply for a reimbursement map for off- On going CE site circulation improvements made to the Santa Rosa / US 101 interchange and frontage roads. The amount of reimbursement credit based on actual construction costs subject to the review and approval of the City Engineer and Administrative Services Director. The reimbursement area and reimbursement amounts shall be determined by an additional traffic study that demonstrates a nexus for all parcels included in the reimbursement area. 24.(A) Shared driveway approach to lots 11 through 18 to be GP, BP CE modified to meet City Standard 423 for residential driveways (maximum 20' wide). This standard may require two separate driveway approaches at this location. Drainage: 25. Submit calculations to support the design of any structures or GP, BP CE 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. 26. Provide for the detention of the 50 year developed storm runoff, GP, BP CE while metering out the 2 year undeveloped storm runoff. 27. Drainage basins shall be designed to desilt, detain and meter GP, BP CE storm flows as well as release them to natural runoff locations. 28. The drainage basins shall be landscaped with native plantings. GP, BP CE 29. A mechanism for funding and maintenance of the storm drain GP, BP CE facilities shall be provided. 30. Show the method of dispersal at all pipe outlets. Include GP, BP CE specifications for size & type. 31. Show method of conduct to approved off-site drainage facilities. GP, BP CE 32. Concentrated drainage from off-site areas shall be conveyed GP, BP CE across the project site in drainage easements. Acquire drainage easements where needed. Drainage shall cross lot lines only where a drainage easement has been provided. If drainage easement cannot be obtained the storm water release must follow the exact historic path, rate and velocity as prior to the subdivision. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services West Front Vi//age License FD: Fire Department PD -23 Master Plan of Development Amendment GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer PLN 2099-0997 (CUP 2003-0108 Amendment) FI: Final Inspection TO: Temporary WW: Wastewater CA: C4 Attorney Occupancy FO: Final Occupancy 33. Applicant shall submit erosion control plans and a Storm Water GP, BP CE Pollution Prevention Plan (SWPPP). The Regional Water Quality Control Board shall approve the SWPPP. 34. The Preliminary Grading and Drainage Plan details offsite grading GP, BP CE to collect offsite storm water and pass it through the site. This grading must be approved by the offsite property owner in a recorded easement. If the easement can not be obtained all grading along the west property line must be keep onsite. Traffic Mitigation: GP, BP CE 35. A Traffic Impact Study was produced for this project by Omni- GP, BP CE Means. In the study there are recommended mitigation measures. Listed below are conditions to implement the mitigation measures: A. Santa Rosa Interchange Install signals on the interchange at the intersection of the north and south bound ramp heads. Remove both 4 way stops. B. West Front Street/Santa Rosa Road Intersection Make this intersection right in and right out only with the construction of a median. This Improvement shall be reviewed by Caltrans Park and Ride Staff. C. Old Santa Rosa Road/Santa Rosa Road Intersection Repave and stripe intersection and Old Santa Rosa Road to a Rural Local Road Standard (401). D. Portola Ave Driveway (Gas Station) This driveway will be right in and right out only. A physical barrier will be place to restrict this movement. These are improvements that are not identified as needed improvements in the City of Atascadero Circulation Element and the Growth Mitigation Program. Therefore, the growth mitigation fee does not cover the improvements. Public Improvements: GP, BP CE 36. West Front Street Frontage Improvements GP, BP CE Improvements to include two (2) travel lanes, one (1) turn lane and a five foot bike lane. An AC curb shall be constructed on the north-east side of West Front. Curb, gutter and sidewalk shall be constructed shall be constructed on the south-west side of West Front. No parking will be allowed Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services West Front Vi//age License FD: Fire Department PD -23 Master Plan of Development Amendment GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer PLN 2099-0997 (CUP 2003-0108 Amendment) FI: Final Inspection TO: Temporary WW: Wastewater CA: C4 Attorney Occupancy FO: Final Occupancy on West Front Street. The existing south bound lane asphalt surface is failing. The road shall be repaired to correct this deficiency. This may be a reconstruction, grind and repave or resurfacing. The Project Improvement Plans shall address this condition to the approval of the City Engineer. 36.A. The project shall install a raised, left turn restriction median GP, BP CE barrier in the southern most driveway. The barrier shall prevent both entering and exiting left turn movements. The City Engineer may waive this requirement through demonstration by a traffic engineer that left turn movements can be safely accommodated. 37. Portola Ave. Frontage Improvements GP, BP CE Improvements to include two (2) travel lanes and a bike lane. Curb, gutter and sidewalk shall be constructed on the south side of Portola Ave. 38. All public improvements shall be constructed in conformance GP, BP CE with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 39. A mechanism to provide for the funding and maintenance of GP, BP CE lighting, street improvements, special paving surfaces, sewer, storm drain, common area landscape, open space, and hardscape shall be provided. 40. The on-site residential streets shall be improved consistent with GP, BP CE the Tentative Tract Map. The streets shall be marked with "No Parking" signs within the cul-de-sac. All residential streets shall be improved to City Standards. The City Engineer shall approve any deviation from the standard curb and gutter. 41. All Utilities shall be underground on Portola Ave. and West Front Road and within the project. Sewer 42. A mechanism must be provided to fund the maintenance and GP, BP CE future replacement of all sewer mains throughout the project area. The developer shall establish a benefit maintenance assessment district, or similar funding mechanism, approved by the City, to provide sufficient funds, on an annual basis, to pay for the maintenance activities on the sewer mainline and related facilities within the project area. 43. Applicant shall pay sewer extension (Annexation), Connection GP, BP CE and Reimbursement fees (if applicable) upon issuance of building permit. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services West Front Vi//age License FD: Fire Department PD -23 Master Plan of Development Amendment GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer PLN 2099-0997 (CUP 2003-0108 Amendment) FI: Final Inspection TO: Temporary WW: Wastewater CA: C4 Attorney Occupancy FO: Final Occupancy 44. Drainage piping serving fixtures which have flood level rims GP, BP CE 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. 45. Gravity mains within the subdivision shall be eight (8) inches in GP, BP CE diameter. 46. All sanitary sewer (SS) mains shall terminate in manholes unless GP, BP CE extension of the main, at some later date, is anticipated. If extension of a SS main is anticipated, said SS main may terminate in a cleanout providing the next downstream manhole is less than 300 linear feet from the cleanout and that the point of termination is not a reasonable location for a SS main angle point or intersection. STANDARD CONDITIONS: 47. Prior to final map recordation, the applicant shall provide a GP, BP CE detailed cost analysis and breakdown of all maintenance required and the amount to be billed to each property annually. The analysis shall include scheduled maintenance including slurry seals, overlays, etc. The analysis shall include administrative fees. 48. The applicant shall enter a Subdivision Improvement Agreement GP, BP CE with the City of Atascadero prior to recording the final map. 49. In the event that the applicant is allowed to bond for the public GP, BP CE improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 50. An engineer's estimate of probable cost shall be submitted for GP, BP CE review and approval by the City Engineer to determine the amount of the bond. 51. The Subdivision Improvement Agreement shall record GP, BP CE concurrently with the Final Map. 52. The applicant shall enter into a Plan Check/Inspection GP, BP CE agreement with the City. 53. A six (6) foot Public Utility Easement (PUE) shall be provided GP, BP CE contiguous to the West Front Road and Portola Avenue property frontages. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services West Front Vi//age License FD: Fire Department PD -23 Master Plan of Development Amendment GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer PLN 2099-0997 (CUP 2003-0108 Amendment) FI: Final Inspection TO: Temporary WW: Wastewater CA: C4 Attorney Occupancy FO: Final Occupancy 54. The applicant shall acquire title interest in any off-site land that GP, BP CE 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. 55. Slope easements shall be obtained by the applicant as needed GP, BP CE to accommodate cut or fill slopes. 56. Drainage easements shall be obtained by the applicant as GP, BP CE needed to accommodate both public and private drainage facilities. 57. A preliminary subdivision guarantee shall be submitted for review GP, BP CE in conjunction with the processing of the parcel map. 58. The final map shall be signed by the City Engineer prior to the GP, BP CE map being placed on the agenda for City Council acceptance. 59. Prior to recording the parcel map, the applicant shall pay all GP, BP CE outstanding plan check/inspection fees. 60. Prior to recording the map, the applicant shall complete all GP, BP CE improvements required by these conditions of approval. 61. Prior to recording the parcel map, the applicant shall set GP, BP CE monuments at all new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the parcel map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 62. Prior to recording the parcel map, the applicant shall submit a GP, BP CE 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. 63. All existing and proposed utility, pipeline, open space, or other GP, BP CE 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. 64. Prior to recording the parcel map, the applicant shall have the GP, BP CE map reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company indicating their review of the map. The letter Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services West Front Vi//age License FD: Fire Department PD -23 Master Plan of Development Amendment GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer PLN 2099-0997 (CUP 2003-0108 Amendment) FI: Final Inspection TO: Temporary WW: Wastewater CA: C4 Attorney Occupancy FO: Final Occupancy 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. 65. Prior to the issuance of building permits the applicant shall GP, BP CE 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. Atascadero Mutual Water Company 66. Before the issuance of building permits, the applicant shall GP, BP CE 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). 67. Before the start of construction on the water system GP, BP CE improvements, the applicant shall pay all installation and connection fees required by AMWC. Subject to the approval of AMWC, the applicant may enter in to a "deferred connection" agreement. 68. Before issuance of building permits, the applicant shall obtain a GP, BP CE "Will Serve" letter from AMWC for the newly created lots within the subdivision. 69. The applicant shall bank the water meters serving Lots 14-25 GP, BP CE keeping them within the Coromar Court right-of-way. 70. Water mains and appurtenances not accepted for operation and GP, BP CE maintenance by AMWC shall be isolated from the AMWC system with detector -type cross -connection control devices. All cross - connection devices shall conform to AWWA and California Department of Health Services standards. 71. The applicant shall provide AMWC with easements for those GP, BP CE water mains and appurtenances proposed for operation and maintenance by AMWC that are constructed outside of publicly maintained right-of-ways. The minimum width of these easements shall be 20 -feet or as directed by AMWC. AMWC shall review and approve the form and content of these easements before recordation. Water mains constructed within these easements shall not pass beneath, and shall maintain a minimum of five feet of clearance from, any structure, retaining wall, footing, or foundation. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services West Front Vi//age License FD: Fire Department PD -23 Master Plan of Development Amendment GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer PLN 2099-0997 (CUP 2003-0108 Amendment) FI: Final Inspection TO: Temporary WW: Wastewater CA: C4 Attorney Occupancy FO: Final Occupancy 72. The applicant shall relocate the existing 6 -inch water line that GP, BP CE crosses Lots 1-3 into the Portola Road and West Front Road rights-of-way. 73. The applicant shall submit a hydraulic analysis with the first plan GP, BP CE check submittal of the water system improvements for the project. The analysis should take into account the fire flows required by the Uniform Fire Code and requirements of the California Waterworks Standards. The applicant is responsible for designing and constructing water system improvements that will provide water at pressures and flows adequate for the domestic and fire protection needs of the project. 74. The applicant shall obtain a separate landscape -irrigation GP, BP CE meter(s) from AMWC for the common areas within the project. 75. Before construction of the water system improvements, AMWC GP, BP CE shall review and approve the irrigation plans for the common areas within the project. The irrigation plan submittal shall include the following: o Landscape irrigation meter location and size. o Backflow prevention device type, location, and manufacturer o Flow and precipitation rate for each circuit o Irrigation schedules including schedules for establishment period and post establishment period o Total anticipated water application per circuit per month for both schedules o Total landscape water application. o Use drip irrigation where ever possible o A check valve shall be installed on the lowest head in each sprinkler circuit PLANNING COMMISSION CONDITIONS 76. Provide Portolla Road Traffic Control evaluation. 77. Eliminate non -tax generating uses, similar to Dove Creek project. 78. Provide deeper earth tone colors on business park buildings. 79. Stripe center line of Coromar Avenue and add stop sign at Via Tortuga 80. The sign locations and maximum height are approved as proposed. As part of the construction permit process, applicant shall provide an analysis of the brightness and glare of the pylon signs. The final design and analysis shall be brought back to public hearing for review and approval. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services West Front Vi//age License FD: Fire Department PD -23 Master Plan of Development Amendment GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer PLN 2099-0997 (CUP 2003-0108 Amendment) FI: Final Inspection TO: Temporary WW: Wastewater CA: C4 Attorney Occupancy FO: Final Occupancy BP PS, BS, CE AES -1 Mitigation Measure AES -1: The following landscape mitigations shall apply: a) Landscaping of Caltrans ROW required; b) Development shall be buffered with an informal landscape theme, meandering pathway, and compatible project fencing; c) The project shall include landscaping of all common areas, including slopes, streetscapes, residential front yards, and street trees; and, d) All on-site retention basins shall be designed, constructed, and maintained as jurisdictional wetlands while allowing the basins to function as engineered for storm water management. BP PS, BS, CE AES -2 Mitigation Measure AES -2: The proposed homes shall include the use of earth -tone paint and roof colors designed to blend with the surrounding semi -rural environment and reduce the potential for reflected light and glare. BP PS, BS, CE AES -3 Mitigation Measure AES -3: Only pedestrian pathway (bollard style) lighting is proposed. However, if exterior street lighting is proposed, it shall be limited to intersections only and designed to eliminate any off-site glare. All exterior site lights shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. Any luminaire pole height shall not exceed 20 -feet in height, limit intensity to 2.0 foot candles at ingress/egress, and otherwise 0.6 foot candle minimum to 1.0 maximum within the private street. Fixtures shall be shield cut-off type and compatible with neighborhood setting, subject to staff approval. In addition, individual exterior home -owner lighting shall be restricted through CC&R's and individual lot deed -restriction to prohibit high-intensity lighting in excess of one - foot candle, limited in fixture height to not exceed 10 feet, and utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. BP PS, BS, CE AES -4 Mitigation Measure AES -4: To prevent impacts to visual resources associated with the Wilson Property, Mitigation Measure BIO -8 shall be implemented. BP, GP PS, BS, CE AES -5 Mitigation Measure AES -5: Two pylon and monument signs shall be constructed according to the City of Atascadero's Sign Ordinance. Where principles uses are shopping, offices or industrial complexes, freeway oriented signs are allowed a maximum of one (1) square foot of sign per lineal foot of building frontage, not to exceed sixty (60) feet, whichever is less (section 9-15.005ii). For gas station canopies, a maximum of twenty (20) square -foot signs with logos and color banding on no more than two (2) sides are allowed (Section 9-15.005iii). As per Section 9-15.005a(2), one (1) monument sign is allowed per 200 lineal feet of street frontage, not including street frontage adjacent to residential zones, up to sixty (60) square feet in size and up to ten (10) feet from the natural grade. Monument signs must be landscaped in a manner that incorporates the sign into the surroundings (section 9-15.004h). Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services West Front Vi//age License FD: Fire Department PD -23 Master Plan of Development Amendment GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer PLN 2099-0997 (CUP 2003-0108 Amendment) FI: Final Inspection TO: Temporary WW: Wastewater CA: C4 Attorney Occupancy FO: Final Occupancy BP, GP PS, BS, CE AQ -1 Mitigation Measure AQ -1: During construction, the applicant shall implement the following standard construction equipment mitigation measures for reducing nitrogen oxide (NOx) and combustion emissions (diesel particulate matter) shall (see section 6.3.1 of the Air Quality Handbook): a) Maintain all construction equipment in proper tune according to manufacturer's specifications; b) Fuel all off-road and portable diesel powered equipment with ARB certified motor vehicle diesel fuel (non -taxed version suitable for use off-road); and, C) Maximize, to the extent feasible, the use of diesel construction equipment meeting ARB's 1996 and newer certification standard for off-road heavy-duty diesel engines. BP PS, BS, CE AQ -2 Mitiqation Measure AQ -2: This measure focuses on reducing ozone formation from project -related ozone precursors, NOx and ROC. The primary source of these emissions would be ROC released during application of paint to the proposed residential and commercial structures. The rate of ozone formation is greatest during periods of clear weather, low winds and high temperatures. Based on air quality monitoring at the Atascadero station, peak hourly ozone levels occur from May through September. One of the following measures shall be implemented to prevent exceedances of the State 1 -hour ozone standard: a) Paint shall not be applied from May through September; OR b) Paint emissions shall not exceed the 185 pound per day significance threshold (88 gallons per day based on 2.08 pounds VOC per gallon); AND C) Paint emissions shall not exceed the 2.5 ton per quarter significance threshold (2,403 gallons per quarter based on 2.08 pounds VOC per gallon). d) The use of pre -coated materials, or naturally colored materials and high transfer efficiency painting methods (e.g., HVLP, brush/roller, etc.) to the maximum extent feasible would reduce the amount of paint used and facilitate compliance with the thresholds. BP, GP PS, BS, CE AQ -3 Mitigation Measure AQ -3: Prior to the City issuing a Building Permit for the project, the applicant shall provide to the City project grading and buildings plans that contain the following required PM10 mitigation measures. In addition, the applicant shall designate a person or persons to monitor, during construction, the dust control program and to order increased watering, as necessary, to prevent transport of dust offsite. Their duties shall include holidays and weekend periods when work may not be in progress. The name and telephone number of such persons shall be provided to the APCD prior to land use clearance for map recordation and finished grading of the area. Conditions of Approval / Mitigation Monitoring Program West Front Vi//age PD -23 Master Plan of Development Amendment PLN 2099-0997 (CUP 2003-0108 Amendment) Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: C4 Attorney Mitigation Measure a) Reduce the amount of the disturbed area where possible; b) Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (nonpotable) water should be used whenever possible; C) All dirt stock pile areas should be sprayed daily as needed; d) Permanent dust control measures identified in the approved project revegetation 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 revegetation should be stabilized using approved chemical soil binders, jute netting, or other methods approved in advance by the APCD; g) All roadways, driveways, sidewalks, etc. to be paved should be completed 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 leaving the site; and, 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. GP PS, BS, CE AQ -4 Mitigation Measure AQ -4: Prior to any grading activities at the site, the applicant shall ensure that a geologic evaluation is conducted to determine if naturally occurring asbestos (NOA) is present within the area that will be disturbed. If NOA is not present, an exemption request must be filed with the District. If NOA is found at the site, the applicant must comply with all requirements outlined in the Asbestos Air Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface Mining Operations. This may include development of an Asbestos Dust Mitigation Plan and an Asbestos Health and Safety Program for approval by the APCD. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services West Front Village License FD: Fire Department PO -23 Master Plan of Development Amendment GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer PLN 2099-0997 (CUP 2003-0108 Amendment) FI: Final Inspection TO: Temporary WW: Wastewater CaC4Attorney Occupancy FO: Final Occupancy BP PS, BS, CE, AQ -5 Mitigation Measure AQ -5: The applicant shall only install APCD approved wood FD burning devices in the new dwelling units consistent with APCD Rule 504. These devices include: a) All EPA -Certified Phase II wood burning devices; b) Catalytic wood burning devices which emit less than or equal to 4.1 grams per hour of particulate matter which are not EPA - Certified but have been verified by a nationally -recognized testing lab; C) Non -catalytic wood burning devices which emit less than or equal to 7.5 grams per hour of particulate matter which are not EPA - Certified but have been verified by a nationally -recognized testing lab; d) Pellet -fueled woodheaters; and, e) Dedicated gas-fired fireplaces. BP PS, BS, CE AQ -6 Mitigation Measure AQ -6: The applicant shall comply with AB 3205 Requirements for Gasoline Dispensing Facilities. Prior to construction, the applicant shall provide information to the APCD indicating whether hazardous materials or certain equipment or processes will be used in or at the facility. Such uses may require a permit from the APCD and/or a Hazardous Materials Business Plan. The City of Atascadero will not issue a final certificate of occupancy until the applicant or future building occupant has complied with the provisions of the law. The law may also impose certain public noticing requirements for a facility that handles hazardous materials and is located within 1,000 feet of the outer boundary of a school (kindergarten through 12th grade). BP, GP PS, BS, CE AQ -7 Mitigation Measure AQ -7: Prior to construction, the applicant shall obtain a Combined Authority to Construct/Operate, issued by the APCD and the San Luis Obispo County Environmental Health Service (EHS). As part of this, the District will run a health - based screening level risk assessment for the facility, following the California Air Pollution Control Officer's Association (CAPCOA) guidelines. Depending on the District's screening risk determination, the applicant may be subject to throughput limitations or may be required to submit a more refined Health Risk Assessment. GP, BP PS, BS, CE AQ -8 Mitigation Measure AQ -8: Prior to the City issuing a Building Permit, the applicant shall incorporate the following into the project design: a) Traffic calming modifications to project roads, such as narrower streets, speed platforms, bulb -outs and intersection modifications designed to reduce vehicle speeds, thus encouraging pedestrian and bicycle travel; Conditions of Approval / Mitigation Monitoring Program West Front Vi//age PD -23 Master Plan of Development Amendment PLN 2099-0997 (CUP 2003-0108 Amendment) Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: C4 Attorney Mitigation Measure b) Easements or land dedications for bikeways and pedestrian walkways; C) Continuous sidewalks separated from the roadway by landscaping and on -street parking. Adequate lighting for sidewalks must be provided, along with crosswalks at intersections; d) If the project is located on an established transit route, improve public transit accessibility by providing transit turnouts with direct pedestrian access to the project; e) Street shade tree planting; f) Outdoor electrical outlets to encourage the use of electric appliances and tools; g) On-site bicycle parking for multi -family residential developments; h) Cable to allow telecommuting, teleconferencing and telelearning to occur simultaneously in at least three locations throughout the home; i) Shade tree planting along southern exposures of buildings to reduce summer cooling needs; j) Roof material with a solar reflectance value meeting the EPA/DOE Energy Star® rating to reduce summer cooling needs; k) 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 high efficiency home heating, cooling, water heaters, and appliances, using efficient interior lighting etc.); I) Outdoor electrical outlets to encourage the use of electric appliances and tools; m) Walls and attic insulation beyond Title 24 requirements; n) High efficiency gas or solar water heaters; o) Built-in energy efficient appliances; P) Double -paned windows; q) Low energy street lights (i.e. sodium); r) Energy efficient interior lighting; S) Low energy traffic signals (i.e. light emitting diode); t) Door sweeps and weather stripping if more efficient doors and windows are not available; and, U) High efficiency or gas space heating. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services West Front Village License FD: Fire Department PO -23 Master Plan of Development Amendment GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer PLN 2099-0997 (CUP 2003-0108 Amendment) FI: Final Inspection TO: Temporary WW: Wastewater CaC4Attorney Occupancy FO: Final Occupancy BP PS, BS, CE 13I0-1 Mitigation Measure BIO -1: Initial rough grading operations and vegetation removal shall be conducted prior to, or after, the typical migratory bird nesting season (March 1 — August 1) to avoid any potential impact to migratory bird nesting activity. Therefore, initial grading should be conducted between the months of August and February. BP PS, BS, CE 13I0-2 Mitigation Measure BIO -2: If Measure BIO -1 is infeasible, pre -construction surveys shall be conducted prior to any initial grading activity and vegetation removal to identify any potential bird nesting activity, and: a) If any nest sites of bird species protected under the Migratory Bird Treaty Act are observed within the vicinity of the project site, then the project shall be modified and/or delayed as necessary to avoid direct take of the identified nests, eggs, and/or young; and, b) If active nest sites of raptors and/or birds species of special concern are observed within the vicinity of the project site, then CDFG shall be contacted to establish the appropriate buffer around the nest site. Construction activities in the buffer zone shall be prohibited until the young have fledged the nest and achieved independence. BP PS, BS, CE 13I0-3 Mitigation Measure BIO -3: Prior to any earth disturbance, exclusionary fencing shall be erected at the boundaries of all construction areas to avoid equipment and human intrusion into adjacent habitats. The fencing shall remain in place and be maintained throughout construction. Mitigation Measure BIO -4: Several measures are included within the Arborist Report BP PS, BS, CE 13I04 prepared by A&T which outline methods of minimizing potential impacts to existing oak trees which would remain within the property at completion of the proposed project. These measures include following, as stated within the Arborist Report: a) The proposed fencing shall be shown on the grading plan. It must be a minimum of 4' high chain link, snow, or safety fence staked at the edge of the drip -line or line of encroachment for each tree or group of trees. The fence shall be up before any construction or earth moving begins. The fencing shall be placed at the edge of the drip -line or further as measured from the actual trees. The owner shall be responsible for maintaining an erect fence throughout the construction period. The arborist(s), upon notification, will inspect the fence placement once it is erected. After this time, fencing shall not be moved without arborist inspection/approval. If the orange plastic fencing is used, a minimum of four zip ties shall be used on each stake to secure the fence along with tie wire or other suitable material intertwined through the top. b) Soils within the drip -line that have been compacted by heavy equipment and/or construction activities must be returned to their original state before all work is completed. Methods include water jetting, adding organic matter, and boring small holes with an auger (18" deep, 2-3' apart with a 2-4" auger) and the application of moderate amounts of nitrogen fertilizer. The Conditions of Approval / Mitigation Monitoring Program West Front Village PO -23 Master Plan of Development Amendment PLN 2099-0997 (CUP 2003-0108 Amendment) Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater Ca CityAttorney Mitigation Measure arborist(s) shall advise. C) All areas within the dripline of the trees that cannot be fenced shall receive a 4-6" layer of chip mulch to retain moisture, soil structure and reduce the effects of soil compaction. d) All trenching within the drip -line of native trees shall be hand dug, augured or bored. Prior to any trenching, all utility paths under the drip lines shall be marked by the owner and subsequently air spade to expose all roots without damaging them. Conduit/piping shall then be placed over/under all roots greater than one inch in diameter. The trench can then be re -buried without the need to cut any large roots. e) Grading should not encroach within the drip -line unless authorized. If grading is necessary, construction of retaining walls or tree wells or other protection measures may be necessary to insure the survivability of the trees. Chip mulch 4-6" in depth may also be required in these areas. Grading should not disrupt the normal drainage pattern around the trees. Fills should not create a ponding condition and excavations should not leave the tree on a rapidly draining mound. f) Any exposed roots shall be re-covered the same day they were exposed. If they cannot, they must be covered with burlap or another suitable material and wetted down 2x per day until re- buried. g) Pervious surfacing is preferred within the drip -line of any oak tree. Permeable pavers shall be used for the sidewalk under the drip - line. Arborist(s) will advise. h) Vehicles and all heavy equipment shall not be driven under the trees, as this will contribute to soil compaction. Also there is to be no parking of equipment or personal vehicles in these areas. All areas behind fencing are off-limits unless pre -approved by the arborist. i) The existing ground surface within the drip -line of all oak trees shall not be cut, filled, compacted or paved, unless shown on the grading plans and approved by the arborist. j) No liquid or solid construction waste shall be dumped on the ground within the drip -line of any oak tree. k) An arborist shall be present for selected activities and pre - construction fence placement inspection. The monitoring does not necessarily have to be continuous, but observational at time during the above activities. It is the responsibility of the owner(s) or their designee to inform us prior to these events so A&T can make arrangements to be present. The following activities shall be monitored: 1) trenching within the drip -line; 2) curb footing excavation; and, 3) sidewalk grading. 1) An on-site preconstruction meeting with the Arborist(s), Owner(s), Planning Staff, and the earth -moving team shall be required for this project. Prior to final occupancy, a letter from the arborist(s) Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services West Front Vi//age License FD: Fire Department PD -23 Master Plan of Development Amendment GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer PLN 2099-0997 (CUP 2003-0108 Amendment) FI: Final Inspection TO: Temporary WW: Wastewater CA: C4 Attorney Occupancy FO: Final Occupancy shall be required verifying the health/condition of all impacted trees and providing any recommendations for any additional mitigation. The letter shall verify that the arborist(s) were on site for all grading and/or trenching activity that encroached into the drip -line of the selected native trees, and that all work done in these areas was completed to the standards set forth above. M) Class 4 pruning includes — Crown reduction pruning shall consist of reduction of tops, sides, or individual limbs. A trained arborist shall perform all pruning. n) All landscape under the drip -line shall be drought tolerant or native varieties. Lawns shall be avoided. All irrigation trenching shall be routed around critical root zones, otherwise above ground drip -irrigation shall be used. 0) All utilities shall be placed down the roads and driveways and when possible outside of the drip -line. The arborist shall supervise trenching within the drip -line. All trenching in these areas shall be hand dug. As stated above in the trenching mitigation, all paths shall be marked by the owner and air spade prior to any digging. BP PS, BS, CE 13I0-5 Mitigation Measure BIO -5: The applicant shall develop and submit an oak tree replacement plan to the City of Atascadero to ensure that the project is in compliance with the City of Atascadero Native Tree Ordinance. As such, native trees removed during project implementation shall be replaced. For every 6" diameter at breast height (dbh) or greater of deciduous oak tree removed, two 5 -gallon, locally grown native oaks of the same species shall be planted. For every 6" dbh of other native tree (as listed in City Ordinance Number 350) that is removed, one 5 -gallon, locally grown tree of the same species shall be planted (Atascadero Native Tree Guidelines). BP PS, BS, CE 13I0-6 Mitigation Measure BIO -6: Upon project completion a final status report shall be prepared by the project arborist, and submitted to the City of Atascadero, certifying the project was in compliance with the mitigation measures included in the A&M arborist report and those measures which will be included within the proposed Oak Tree Replacement Plan, as described above. GP PS, BS, CE 113I0-7 Mitigation Measure BIO -7: All existing native trees on the Wilson Property shall not be removed or significantly impacted as a result of project implementation. BP,GP PS, BS, CE 113I0-8 Mitigation Measure BIO -8: The applicant shall ensure that the three wetland areas are designed, constructed and maintained in accordance with the requirements of the 404 Permit issued by the U.S. Army Corps of Engineers for the project. BP,GP PS, BS, CE CULA Mitigation Measures CUL -1. Because the Colony house is largely intact with few modern alterations and the cluster of structure and trees retains a setting of the organization, vies, and tranquility of the Frandsen and Wilson households and is regarded as an important part of the early history of Atascadero, an Historic Overlay Zone shall be required on the Wilson Property to protect it from any adverse impacts from the current and future projects. Any construction and/or subdivision on the site Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services West Front Vi//age License FD: Fire Department PD-23 Master Plan of Development Amendment GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer PLN 2099-0997 (CUP 2003-0108 Amendment) FI: Final Inspection TO: Temporary WW: Wastewater CA: C4 Attorney Occupancy FO: Final Occupancy shall be consistent with the Secretary of Interior standards for rehabilitation of historic structures. BP,GP PS, BS, CE CUL-2 Mitigation Measure CUL-2: Should any cultural resources be unearthed during site development work, the provisions of CEQA -Section 15064.5, will be followed to reduce impacts to a non-significant level. BP,GP PS, BS, CE CUL-3 Mitigation Measure CUL-3: Any additional mitigation measures recommended by the project cultural resource consultant, resulting from completion of Phase II testing or from on-site monitoring of earth disturbance activities shall be forwarded to the City in the form of a mitigation monitoring program for site development, and shall be incorporated into the proposed project prior to project approval. BP PS, BS, CE GEO-1 Mitigation Measure GEO-1: The applicant will implement Mitigation Measure HWQ-1. BP PS, BS, CE GEO-2 Mitigation Measure GEO-2: A soils report and geotechnical investigation shall be submitted as part of the building permit process. Any measures identified in this report shall be incorporated into the conditions of approval. BP, GP PS, BS, CE HAZ-1 Mitigation Measure HAZ-1: Prior to grading activities at the 1-acre parcel of the former gasoline station, the applicant shall prepare a Contaminated Materials Management Plan (CMMP) to be implemented during excavation or grading activities. The CMMP shall include procedures for the proper and safe handling and disposal of petroleum hydrocarbon contaminated soils. Petroleum hydrocarbon-containing soil with Total Petroleum Hydrocarbon (TPH) concentrations in excess of 100 milligrams per kilogram shall not be used for backfill material on-site and shall be transported to a properly licensed landfill or recycling facility. The CMMP shall be submitted to the City and the County of San Luis Obispo Division of Environmental Health for review and approval prior to initiation of grading activities. BP, GP PS, BS, CE HAZ-2 Mitigation Measure HAZ-2: Mitigation Measure HAZ-2: No water wells will be constructed at the project site without the express written approval of the Regional Water Quality Control Board. BP, GP PS, BS, CE HAZ-3 Mitigation Measure HAZ-3: The gas station shall be constructed and operated in accordance with current state UST specifications including double-walled tanks, piping and dispenser catch pans. The applicant shall obtain appropriate UST permits from the County Environmental Health Division, the local Certified Unified Program Agency (CUPA) for the proposed UST installations. BP, GP PS, BS, CE HWQ-1 Mitigation Measure HWQ-1: The applicant will prepare and implement a Sediment and Erosion Control Plan (SECP) for the proposed project. The SECP will include: a) Slope surface stabilization measures, such as temporary mulching, Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services West Front Vi//age License FD: Fire Department PD -23 Master Plan of Development Amendment GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer PLN 2099-0997 (CUP 2003-0108 Amendment) FI: Final Inspection TO: Temporary WW: Wastewater CA: C4 Attorney Occupancy FO: Final Occupancy seeding, and other suitable stabilization measures to protect exposed erodible areas during construction, and installation of earthen or paved interceptors and diversion at the top of cut of fill slopes where there is a potential for erosive surface runoff; b) Erosion and sedimentation control devices, such as energy absorbing structures or devices, will be used, as necessary, to reduce the velocity of runoff water to prevent polluting sedimentation discharges; c) Installation of mechanical and/or vegetative final erosion control measures within 30 days after completion of grading; d) Confining land clearing and grading operations to the period between April 15 and October 15 to avoid the rainy season; and, e) Minimizing the land area disturbed and the period of exposure to the shortest feasible time. Prior to construction, the applicant will develop a Storm Water Pollution Prevention Plan (SWPPP) and submit a Notice of Intent to comply with the NPDES "General Permit for Storm Water Discharge Associated with Construction Activity (99-08-DWQ). The SWPPP will include provisions for the installation and maintenance of Best Management Practices to reduce the potential for erosion of disturbed soils at the Project site. BP, GP PS, BS, CE HWQ-2 Mitigation Measure HWQ-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 orders. BP, GP PS, BS, CE N0I-1 Mitigation Measure NOI-1: The applicant will construct acoustic sound walls to mitigate elevated noise levels to the residences. The noise barrier will extend in height (minimum of 6 feet) so that it breaks the line of sight between the noise sources and the receivers. The sound wall shall have a continuous structure and extend in a linear fashion parallel to the property line interface with the service station/retail facility and hotel and the residences (townhomes and single family residences) along this boundary. The location of the sound wall is shown in Figure 2-2. Aesthetics treatment, including landscaping of various shrubs, will be applied to the sound wall to mitigate visual concerns. BP, GP PS, BS, CE N0I-2 Mitigation Measure NOI-2: All construction activities shall comply with the City of Atascadero Noise Ordinance for hours of operation, and as follows: Construction activities shall be limited to the following hours of operation: 7 a.m. to 7 p.m. Monday through Friday Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business BS: Building Services West Front Vi//age License FD: Fire Department PD -23 Master Plan of Development Amendment GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer PLN 2099-0997 (CUP 2003-0108 Amendment) FI: Final Inspection TO: Temporary WW: Wastewater CA: C4 Attorney Occupancy FO: Final Occupancy 9 a.m. to 6 p.m. Saturday No construction on Sunday Furthermore, particularly loud noises shall not occur before 8 a.m. on weekdays and not at all on weekends. The hours of construction may be modified by the Community Development Director upon a determination that unusually loud construction activities are having a significant impact on the neighbors. Failure to comply with the above-described hours of operation may result in withholding of inspections and possible construction prohibitions, subject to the review and approval of the Community Development Director. A sign shall be posted on-site with the hours of operation and a telephone number of the person to be contacted in the event of any violations. The details of such a sign shall be approved by staff during the Grading Plan/Building Permit review process. BP, GP PS, BS, CE PUB -1 Mitigation Measure PUB -1: Applicant will pay all Development Impact Fees per City requirements. The emergency services and facility maintenance costs listed below shall be 100% funded by the project in perpetuity. The service and maintenance cost shall be funded through a community facilities district established by the developer subject to City approval. The funding mechanism must be in place prior to or concurrently with acceptance of any final maps. The funding mechanism shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any final map. The administration of the above mentioned funds shall be by the City. a) All Atascadero Police Department service costs to the project; b) All Atascadero Fire Department service costs to the project; and, c) Off-site common City of Atascadero park facilities maintenance service costs related to the project. BP, GP PS, BS, CE TRA -1 Mitigation Measures TRA -1: The following mitigation measures have been identified and/or the equitable share has been calculated: A. Santa Rosa Road/US 101 interchange: Install traffic signals and consider coordination with nearby and future traffic signals. As a result of cumulative traffic growth within the vicinity of this interchange and the existing substandard design of this tight diamond interchange, the existing all -way stop controlled intersections are forecasted to degrade to unacceptable LOS "F" conditions during the PM peak In addition, the projected traffic volumes during the PM peak hour period meet Caltrans' Peak Hour Warrant 11 (Urban Areas) for both intersections. A queuing analysis was performed along Santa Rosa Road between Conditions of Approval / Mitigation Monitoring Program West Front Village PO -23 Master Plan of Development Amendment PLN 2099-0997 (CUP 2003-0108 Amendment) Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CaC4Attorney Mitigation Measure the two future signalized ramp heads. It was determined that there is not adequate space between the two ramp intersections to accommodate traffic signals at this location. However, if these traffic signals were coordinated, traffic flow would be improved. A detailed analysis would be required. Ultimately, this substandard interchange needs to be improved to Caltrans' current standards. Therefore, it is recommended that the City and/or Caltrans conduct a Project Study Report (PSR) for this interchange to determine future improvements. These future improvements may include consideration of roundabouts and/or re -aligning surface streets in addition to the recommendations made by OMNI -MEANS. Based upon Caltrans' Guide for Preparation of Traffic Impact Studies (June 2001), the equitable share responsibility was calculated during the PM peak hour period. Based upon the project's contribution to the PM peak hour traffic growth at this intersection, the project's "fair - share" of improvements at the intersection of Santa Rosa Road/West Front Road/US 101 SB On Ramp is projected to be 43.5% [259/(1,652-1,056)]. At the intersection of Santa Rosa Road/East Front Road/US 101 NB Ramps, the project's "fair -share" of improvements is projected to be 31.4% [176/(2,011-1,451)]. With recommended improvements at these intersections, the AM and PM peak hour LOS are projected to operate acceptably. B. Project Driveways: It is recommended, and was assumed during this analysis, that the Portola Avenue/Driveway #1 operate as "right -turn - only" intersections. This is a result of the close proximity to the Portola Avenue/West Front Road intersection. It is further recommended that acceleration and deceleration lanes be installed that comply with the City's development standards. Based upon the forecasted traffic volumes at these locations, the acceleration and deceleration lanes should be a minimum of 50 feet for the eastbound right turn lane. For the West Front Road Driveway #2 and West Front Road/Driveway #3, the acceleration and deceleration lanes should also be a minimum of 50 feet. C. Santa Rosa Road/EI Camino Real Intersection: Provide for dual northbound left turning movements on EI Camino Real to accommodate the forecasted increase in traffic volume at this intersection. Implementation of the proposed mitigation measure is forecasted to result in acceptable OS through Year 2025. Under Year 2025 Base plus Project Conditions, the project's "fair share" of improvements at the intersection is projected to be 8.9% [93/2,947- 2,235)]. EXHIBIT B: Amended Master Plan of Development / Site Plan l F I■��� 111 • r�wo opo `---------- I x • � �''`���' .��� � � � vvvvi�vv0vvvvvvv ..��,���.�►�:;�� 0000 1000100110 • ! ��;, 00000000000000 �� � �, ODA0�0000000000 00000000000000 Novo oovS� o�i�om oovov oogovoI MEM 00000�000vooa000. �09A��9999000000m 0000000000000 009009000000000 00000 00000000000 NONE X111011119990 EXHIBIT B-2: Alternate Site Plan Exhibit B-2 (CUP 2003-0108) Alternative Site Plan Relocated Driveway ■ New z Driveway -at N � y,.)60 fr I. EXHIBIT C: Arborist Report A do T ARBORISTS P.O. BOX 1311 TEMPLETON, CA 93465 (805) 434-0131 9-02-05 Richard Shannon, Peabody and Plum Realty West Front Village Project, Atascadero, CA VED SEP 2 2005 COMMUNITY DEVELOPMENT This report is in regards to the proposed development at the comer of West Front Street and Portola Road in Atascadero, California. The property consists of gently sloping grasslands with blue oaks (Quercus douglassr), white oaks (Quercus lobata) and one toyon (Heleromeles arbutifolia). There are 18 native trees on the site. Originally all but two were planned to be removed, however, with plan changes, two or three additional trees will be saved. "Total number of removals is 13 with a total diameter of 196 inches. Two mature trees will need to be removed from the site. Tree #1 is a 31 -inch diameter live oak that is in very poor condition. There is severe tip die back and heavy infestation of scale. The tree is also in the middle of the planned convenience store. Tree #17 is a 35 -inch diameter live oak that has had a massive past failure on the South side. The tree has severe heart rot and would pose a severe hazard to any nearby construction. Trees #2-10 are located near and within the proposed entrance off of Portola Road. There were discussions regarding saving some of these trees. Options included changing the entrance location to accommodate the trees. Problems arose due to the freeway off ramp location and site distance requirements. Therefbre, these trees will need to be removed. Trees #15 and #16 are located in the backyard of one of the homes. The plans show one tree to be removed, however, these trees are fairly close together and both may be able to be saved. The tree removal form reflects saving both of them. It is the owners' (or designee) responsibility to inform us of any changes that will encroach into the drip -line of any oak tree so we may apply any necessary mitigation measures. Tree Rating System A rating system of 1-10 was used for visually establishing the overall condition of each tree on the spreadsheet. The rating system is defined as follows: Ra in Condition Deceased Evidence of massive past failures, extreme disease and is in severe decline. May be saved with attention to class 4 pruning, insect/pest eradication and future monitoring. EXHIBIT C: Arborist Report 3 Some past failures, some pests or structural defects that may be mitigated by pruning. 4 May have had minor past failures, excessive deadwood or minor structural defects that can be mitigated with pruning. 5 Relatively healthy tree with little visual structural and or pest defects. 6 Healthy tree that probably can be left in its natural state. 7-9 Have had proper arboricultural pruning and attention or have no apparent structural defects. 10 Specimen tree with perfect shape, structure and foliage in a protected setting (i.e. park, arboretum). The following mitigation measures/methods must be fully understood and followed by anyone working within the drip -line of any oak tree. Any necessary clarification will be provided by us (the arborists) upon request. 1. Fencing: The proposed fencing shall be shown on the grading plan. It must be a minimum of 4' high chain link, snow or safety fence staked at the edge of the drip - line or line of encroachment for each tree or group of trees. The fence shall be up before any construction or earth moving begins. The fencing should be placed at the edge of the drip -line or further as measured from the actual trees. The owner shall be responsible for maintaining an erect fence throughout the construction period. The arborist(s), upon notification, will inspect the fence placement once it is erected. After this time, fencing shall not be moved without arborist inspection/approval. If the orange plastic fencing is used, a minimum of four zip ties shall be used on each stake to secure the fence along with tie wire or other suitable material intertwined through the top. 2. Soil Aeration Methods: Soils within the drip -line that have been compacted by heavy equipment and/or construction activities must be returned to their original state before all work is completed. Methods include water jetting, adding organic matter, and boring small holes with an auger (18" deep, 2-3' apart with a 24" auger) and the application of moderate amounts of nitrogen fertilizer. The arborist(s) shall advise. 3. Chip Mulch: All areas within the drip -line of the trees that cannot be fenced shall receive a 4-6" layer of chip mulch to retain moisture, soil structure and reduce the effects of soil compaction. 4. Trenching Within Drip -line: All trenching within the drip -line of native trees shall be hand dug, augured or bored. Prior to any trenching, all utility paths under the drip lines shall be marked by the owner and subsequently air spade to expose all roots without damaging them. Conduit/piping shall then be placed over/under all roots greater than one inch in diameter. The trench can then be re -buried without the need to cut any large roots. 5. Grading Within The Drip -line: Grading should not encroach within the drip -line unless authorized. If grading is necessary, construction of retaining walls or tree wells or other protection measures may be necessary to insure the survivability of the trees. Chip mulch 4-6" in depth may also be required in these areas. Grading should not EXHIBIT C: Arborist Report disrupt the normal drainage pattern around the trees. Fills should not create a ponding condition and excavations should not leave the tree on a rapidly draining mound. 6. Exposed Roots: Any exposed roots shall be re-covered the same day they were exposed. If they cannot, they must be covered with burlap or another suitable material and wetted down 2x per day until re -buried. 7. Paving Within The Drip -line: Pervious surfacing is preferred within the drip -line of any oak tree. Permeable pavers shall be used for the sidewalk under the drip - line. Pavers shall be of the interlocking variety and have a minimum of 101/6 void space. All areas within the drip line of tree #11 shall have pavers. 8. Equipment Operation: Vehicles and all heavy equipment shall not be driven under the trees, as this will contribute to soil compaction. Also there is to be no parking of equipment or personal vehicles in these areas. All areas behind fencing are off limits unless pre -approved by the arborist. 9. Existing Surfaces: The existing ground surface within the drip -line of all oak trees shall not be cut, filled, compacted or pared, unless shown on the grading plans and approved by the arborist. 10. Construction Materials And Waste: No liquid or solid construction waste shall be dumped on the ground within the drip -line of any oak tree. 11. Arborist Monitoring: An arborist shall be present for selected activities (trees identified on spreadsheet) and pre -construction fence placement inspection. The monitoring does not necessarily have to be continuous but observational at times during the above activities. It is the responsibility of the owner(s) or their designee to inform us prior to these events so we can make arrangements to be present. The following activities shall be monitored: Any trenching within the drip -line Curb footing excavation within the drip line Sidewalk grading within the drip line 12. Pre -Construction Meeting: An on-site pre -construction meeting with the Arborist(s), Owner(s), Planning Staff, and the earth moving team shall be required for this project. Prior to final occupancy, a letter from the arborist(s) shall be required verifying the health/condition of all impacted trees and providing any recommendations for any additional mitigation. The letter shall verify that the arborist(s) were on site for all grading and/or trenching activity that encroached into the drip -line of the selected native trees, and that all work done in these areas was completed to the standards set forth above. 13. Pruning: Class 4 pruning includes -Crown reduction pruning shall consist of reduction of tops, sides or individual limbs. A trained arborist shall perform all pruning EXHIBIT C: Arborist Report 14. Landscape: All landscape under the drip -line shall be drought tolerant or native varieties. Lawns shall be avoided. All irrigation trenching shall be routed around critical root zones, otherwise above ground drip -irrigation shall be used. 15. Utility Placement: All utilities shall be placed down the roads and driveways and when possible outside of the drip -line. The arborist shall supervise trenching within the drip -line. All trenching in these areas shall be hand dug. As stated above in the trenching mitigation, all paths shall be marked by the owner and air spade prior to any digging. All trees potentially impacted by this project are numbered and identified on both the grading plan and the spreadsheet. Trees are numbered on the grading plans. Tree protection fencing is shown on the grading plan. Trees to be removed have red flagging tape and trees to be saved have yellow tape. Trees # 15 and # 16 have both color tape as the plans don't show exactly which tree is planned to be saved, however, both may be able to be saved. Trees are numbered on the North side with a an aluminum tag. The included spreadsheet includes trees listed by number, species and multiple stems if applicable, diameter and breast height (4.5'), condition (scale from poor to excellent), status (avoided, impacted, removed, exempt), percent of drip -line impacted, mitigation required (fencing, root pruning), construction impact (trenching, grading) and individual tree notes. If all the above mitigation measures are followed, we feel there will be no long-term significant impacts to the remaining trees. Please let us know if we can be of any future assistance to you for this project. Steven G. Alvarez Certified Arborist #WC 0511 Chip Tamagni Certified Arborist ME 6436-A EXHIBIT C: Arborist Report r 7.7 F- LU w S U) O 00 Q w a U) z O U ti w I O a w CD w w F - to Itt M N V- 0 0) (n 70 cn 70 U) a 0) a) (tea w UJ H Q a��i a`co `ni n U LL Z c � n Q (o E J m 7 U) D fn (n W -N V 0 7 cu _ _ m m 3 70 LL m (A L L L : C a) m (n a = U) = _> a 0 0 a zN J > > Z i U CL 0 z O - D m a) (n a) cn w � d w R' oQ 2 2 Q O QQ. C C U 0 � IY � C C a) wCL ti w w (n V C_ C_ - C_ C_ C_ C_ _C C_ C_ L L C_ C Z Q U U -0 'O U -0 U a 'a U 70 U U U D U O a m m m m m m m m m m m m _. c c m m 01-1 6 C� w ►- Z C C d M g o 0 0 O 0 O 0 0 0 0 0 0 0 0 Co O 0 C) 0 OCD CD o (V o O C) n C) o O Cl O 00 �CO) zz Q wcr- w w w w w — — — —— w U ~ O w p Z N to to () M CO (O Cl) N m (D u') (D LO to to N to O Y = m M �""' O N tf> r N V CV (O Cl) OD .- N O tt) M to R D U (D x N N N CO N (O wc� O % O O x O O x O x 00 0 0 x x p x UJ J J J O J J O J O m m J J O O J O U J J J J J J w # r N C7 to tD 1� O 01 O r N C) It 1[> 00 � . I �. �- � � !��~ ___ _ ii` I A� __ �Q �,� �- J`` �-�-- I���.+ _, � �f `� v � ....�� r--__ � � � �`� ,�� ' ■ j � I + 1� 'I , � I ■■ � � ■ t _ � � . �� ...: � ,�. '� � � ■ � . �` _ �,� 1 �� ■i �, � � -- A � � ■� � �i � � �I t � _ r ■I %��� ���� ■ :. � _ � � '���, x�.�► r � 6 �w �_;���:== _ ' � J 1 ` - i • EXHIBIT E: Amended Grading and Drainage Plan: Residential lots 1-18 !XHIBIT F: Preliminary Grading and Drainage Plan from original project approval portions superseded by Amended grading and drainage plan for residential lots 1-18) i III�IIIl�1�` I;IAI • , �Iv ,'� •► `, rl ■ _ I EXHIBIT G: Preliminary Landscape Plan from original Project approval; portions superseded by Amendment on residential lots 1-18, Commercial lot 2, and West Front/Cal Trans frontage landscaping -I �Y I ►r ffiu.. Iill�:�, �: �. h ;i H R. ►.;� t. n . �. ll :�.*JA MM A��l �� -;� � ��i a �lii,��_i �l ` • `i4A _,tl�ie,�„77VCCL. a �3':1W� 'siszcC r.,� , -.1 (��; ..fig. ;t�� ■I i. • I've � _�Jj,� SCJ - n'�.X.»s.. ya:i r ■ 0Ir Ail MA Ort -Ii ri • • a EXHIBIT H: Amended Freeway Frontage Landscaping Plan 4 URN —14&OWZ _ syM38a Bugna/d A --d a px xoi ainlora moa awwoo r e a) I N N O 4 A l� gg in J1 ?.R Y s ]1 g G y w CD a OD I N N O 4 A l� gg in 1 u ..i o; � fgy1 f �Ifll. a nnrrr �Illiy all. :g lil it EXHIBIT I: Amended Commercial Lot 2 Landscaping ZM M 1eni9wwOO 3uwpeaµ .. � I sub � oyaM i YDd AliliOV! IYI�Y 311N00 Y ri3H5 t 1d�0 0 z W w 4Z J EL IME! V) Wq i i�) 8 $W`G�$y yy 3 yg��=a flg c b _ & r•�... � u. ��5 :� 9 3 5§�� O a V 0 ? � w a IME! V) Wq i i�) V) Wq i i�) EXHIBIT J: Amended Residential Landscape Plan Lots 1-18 (LI) (See project plans for detailed vignettes of residential lots) ON3J31 1Mdld W1N301S3N/N#gd 311S m +nroemw omww �vm viwacr�ee � �B�e B � w TALN301S381NOWIS3M H z e bin � d On R.'? a N �4Q 2 9 Lu L kJ 29E s C LO N LU NEI Sikh 1 g M to L C 3 ! Ems H; Vt � cl w i O L � W U L � Q C a 1 I 9 � I :tet I ■ 8� .P 1! w EXHIBIT K: Lot 2 Commercial retail amended floor plan and elevations 39Y-nTd11`1A13avxvty f9 i �� , 162M � ao9a1a iY*W a� vnaaww 69NIMV110 ,Y]11,172L/1711V 0261/.211 i i y _ �S a 0 _ F 4 �t 9 Z i f A �! 7 F W�O0O3.�WNW o3 M ■ a3nu EXHIBIT L: Business Park Elevations �eiwOJYeO 'crape,)Seal 39V77/A 1NOa31S3M - KOPOP �a gig A f 0 b m ED z° t t t t I I -,t t s +. LU a EXHIBIT M: Retail Elevations EXHIBIT N: Hotel Elevations MI r4,F rr� j w w" SSI MIS �I in-IIIIAN I ■i �i 4 i��rx \t viii i � ! .� .:t 1 EXHIBIT O: Courtyard Homes Site Plans (includes 14 courtyard homes from original Master Plan of Development. Duplex units have been superseded with following Exhibit. elwown 'aepenseltl 99V771A 1NOdJ 1S9M - 9Z0606 � ell, EXHIBIT P: Amended Elevations (Front Elevations Plans A, B, C, D, E, F, G) EXHIBIT P: Amended Elevations (All sides: Plans A, B, C) �. !Fp Le ' fl p�gC, €d��o 6 "� d �� 21-1y 59NIM VTJG TJ211117311M7i1V /�HL g$€g1£�. SES. 04. .,. �I ui: {ii iCEGfffipl EE 7 � � 5 d C° yC I /b \\ ULM 7-E3 70-811 / i/ 03 DEW�j Pig y F56 n ti � Ndr EXHIBIT P: Amended Elevations (All sides: Plans D, E, F, G) €e 11! pFp°qq €II5l��B �+,� �y $5fi ;e l�e z{[ ilit,S f� '�I'IV'J'OYI:Gv'J9V1Y 1an0'J aVWOaO'J �� �+ may,, V • f IQ� g u,Qg S � 64NINYiIG IVilf11'»11N'�flV 6d61/�3Y! �� d l/a, ve wy IIS 4W ip 1EM j� :4E[r 441Ff lid —=. )33 w' ;w 0AAJIMMOO EXHIBIT Q: Amended Residential Floor Plans (Plans A, B, C, D, E, F, G) I�p �g py 18p�-I € �e } sanvo oyaavocvav'aynov yvr,oyoo i 9 ei� ��I� I # o ec aoaau� nnoa.lvea nnya I �®p a ^' 1 A E 9 -S Q 991v I1.fY2161YiIfLL'�011X')Yb' GZSIA w t=— / — r s'I Y 1 sY _-__ _ _______ ____ I e a _____________._____-____.° C ° t - I e££ s. I _ 4 — 'v -----------h - ------ —_ _ _ ------------ ML -------------- -------------- ----------- . ....... i • I _ J I I ' I I ' of .�iI ...._.—_- _l .. ----- ___a-_, _ _ _lf ,�_,_ _ _________ �I I "ji li d a ------------------ a as 1 14 i 6,10Z Z [ Nb'f -- EXHIBIT R: color board 1: Amended residential development colors COLOR AND MATERIAL BOARD FOR WEST FRONT VILLAGE RESIDENCES COROMAR COURT, ATASCADERO QN C.M.U. COURTYARD WALMAT;E';F GARAGE AND ENTRY DOORS, PAINTED TRIM COLOR AT DOOR SIDES, tbj8 WINDOW SILLS, SIDES, AND RECESSED ARCHES S`t'I Qeacti . No `ay;�. CoSmehc BODY COLOR SW 7001'SMOOTH COAT PLASTER marshmallow V,m 1, GARAGE AND ENTRY DOORS, 63Tj C.M.U. COURTYARD WALLS AT 'D', 'E', 'F' TYPICAL ROOF TILE AND COLOR�'"''!� ALL EXPOSED BEAMS, HEADERS, FASCIAS, AND GUTTERS Product No. 3124 Nome: Hb Some+' Nmrk non: Bunt Otonge. &Own Rosned Categoty: Cdor Bonded Sfyw*' Capdhaoo. Mapu PAINTED TRIM COLOR AT DOOR SIDES, - 6765 WINDOW SILLS, SIDES, AND RECESSED ARCHES S� Spa Qon,o n° BODY COLOR SMOOTH COAT PLASTER QN C.M.U. COURTYARD WALMAT;E';F GARAGE AND ENTRY DOORS, PAINTED TRIM COLOR AT DOOR SIDES, tbj8 WINDOW SILLS, SIDES, AND RECESSED ARCHES S`t'I Qeacti . No `ay;�. CoSmehc BODY COLOR SW 7001'SMOOTH COAT PLASTER marshmallow V,m 1, GARAGE AND ENTRY DOORS, 63Tj C.M.U. COURTYARD WALLS AT 'D', 'E', 'F' EXHIBIT S: Color Boards 2: lot 3 Commercial (retail building and business park (Commercial lots 7 & 2 / retail & gas station building superseded by 2008 and 2009 amendments) EXHIBIT T: Color Boards 3: Hotel ATTACHMENT 5: Draft Resolution PC 2009-0007 Approval of Proposed Tentative Tract Map (Tract 2970) West Front Village DRAFT RESOLUTION PC 2009-0007 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE TENTATIVE TRACT MAP PLN 2099-0997 (TRACT 2970), AN 18 -LOT SUBDIVISION CONSISTENT WITH MASTER PLAN OF DEVELOPMENT AMENDMENT (CUP 2003-0108 AMENDMENT) ON APN 056-131-034 THROUGH 056-131-065, 0229 023 9002 WEST FRONT ROAD & 9000-9092 COROMAR CT. (SHANNON / WEST FRONT VILLAGE, LLC) WHEREAS, an application has been received from Richard Shannon (6755 El Camino Real, Atascadero, CA 93422) Applicant, and West Front Village, LLC (1301 Chorro Street, San Luis Obispo, CA 93401), Property Owner, to consider a project consisting of: a Zone Code Text Amendment to change the PD -23 (Planned Development #23) zoning text; a CUP (Condition Use Permit) Amendment to amend the Master Plan of Development over the project site; and a Tentative Tract Map to amend the lot lines of 18 of the existing residential lots at 9002 West Front Road & 9000-9092 Coromar Ct. (APN 056-131-034 through 056-131-065, 022, 023); and, WHEREAS, the site's current General Plan Designation is Medium Density Residential (MDR) and General Commercial (GC); and, WHEREAS, the site's current zoning district is RMF -10 (Residential Multi -family — 10) and Commercial retail (CR) with a Planned Development #23 Overlay (PD -23); and, WHEREAS, the Planning Commission has recommended a Zone Code Text Change to amend the requirements of Planned Development Overlay #23 (PD -23); and, WHEREAS, an Tentative Tract Map PLN 2099-0997 for Tract 2970 is in substantial conformance with Certified Mitigated Negative Declaration 2005-0165 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, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Tentative Tract Map application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said application; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on February 17, 2009, studied and considered the Tentative Tract Map (PLN 2099-0997) for Tract 2970, after first studying and considering Certified Mitigated Negative Declaration 2005-0165, and NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings of Approval for Tentative Tract Map, the Planning Commission of the City of Atascadero finds as follows: 1. The proposed map, as conditioned, is consistent with the General Plan and applicable zoning requirements, including all provisions of PD -23. 2. The proposed subdivision, as conditioned, is consistent with the proposed Master Plan of Development Amendment (CUP 2003-0108 Amendment). 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the density of development proposed. 5. The design and improvement of the proposed subdivision will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat. 6. The design of the subdivision will not conflict with easements acquired by the public at large for access through, or the use of property within, the proposed subdivision; or substantially equivalent alternative easements are provided. 7. Covenants, Conditions and Restrictions (CC&R's) or equivalent shall be required that incorporate the Master Plan of Development conditions of approval to ensure that the site retains the proposed qualities (architecture, colors, materials, plan amenities, fencing, and landscaping) over time. 8. The proposed subdivision design and type of improvements proposed will not be detrimental to the health, safety or welfare of the general public. SECTION 2. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on February 17, 2009, resolved to recommend that the City Council approve Tentative Tract Map (PLN 2099-0997) for Tract 2970 subject to the following: 1. Exhibit A: Tentative Tract Map (Tract 2970) PLN 2099-0997 2. Exhibit B: Conditions of Approval / Mitigation Monitoring Program. BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. 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 Sandy Jack Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary Exhibit A: Tentative Tract Map 2009 (PLN 2099-0997) for Tract 2970 9 O �O 9 •®^ 'OOOOOOOOODA000 O 60 d�© ��� _..._� 8O8�8O1O8OBOO1O1�O6 o = I ° eoaa000ea0000000aoo �� �� � � ��1�101000111900899 e - � olllcoolac©o©©oaoaa d g 0 ,- A Exhibit B: Conditions of Approval / Mitigation Monitoring Program Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services West Front Vi//age BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Tentative Tract Map 2009 (PLN 2099-0997) Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney Tract 2970 FI: Final inspection AMWC: Water Comp. F0: Final Occupancy Planning Services 1. The approval of this Amended use permit shall become final and FM PS effective for the purposes of issuing building permits thirty (30) days following the City Council approval of ZCH 2009-0152 upon second reading, unless prior to the time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 2. Approval of this Tentative Tract Map shall be valid for two years FM PS after its effective date. At the end of the period, the approval shall expire and become null and void unless an extension of time is granted pursuant to a written request received prior to the expiration date. 3. The Community Development Department shall have the authority FM PS to approve minor changes to the project that (1) result in a superior site design or appearance, and/or (2) address a design issue that is not substantive to the Tentative Tract Map and that the Final Map is in substantial conformance with the Tentative Map. 4. The Tract Map shall be subject to additional fees for park or FM PS recreation purposes (QUIMBY Act) as required by City Ordinance. 5. The applicant shall record CC&R's for the subdivision subject to the FM PS review and approval of the City Engineer, City Attorney and the Community Development Director. The CC&R's shall also state that all exterior colors, exterior materials, yard fencing and site landscaping shall be consistent with the overall Master Plan of Development as adopted, and subject to the provisions set forth in condition 14 of this section. 6. The granting of this entitlement shall apply to the property located On going PS at APN 056-131-034 through 056-131-065, 022, 023 regardless of owner. 7. The Final Map shall be drawn in substantial conformance with the FM PS approved tentative map, and in compliance with all conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 7-A. In the case that a joint access easement cannot be obtained from FM PS the parcel to the south, the map shall be redesigned consistent with Exhibit B-2 of the Master Plan of Development (CUP 2003-0108). Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services West Front Vi//age BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Tentative Tract Map 2009 (PLN 2099-0997) Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney Tract 2970 FI: Final inspection AMWC: Water Comp. F0: Final Occupancy 8. The subdivider shall defend, indemnify, and hold harmless the City FM PS 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. 9. Phasing Condition FM PS Phasing of the various uses on Lots 3-12 (Hotel and Business Park) are as follows: 1.0 Project owners agree to complete construction of the Hotel and the commercial retail building on lots 1 and 2 of Tract 2621 and obtain a Certificate of Occupancy for same, prior to obtaining a Certificate of Occupancy for any of the Residential units. 2.0 Once the hotel and the commercial retail building on lots 1 and 2 of Tract 2621 are 75% complete (framed and waterproofed) as determined by the Community Development Director and a signed contract with the hotel operator is provided to the City , the project owners have the option of obtaining a Performance Guarantee, acceptable to the City, to ensure the completion of the Hotel and Business Park. Should project owners choose to do so, the requirement for obtaining a Certificate of Occupancy in Section 1.0 for Hotel and Business Park shall be deemed satisfied. 3.0 Commercial Lot number 3 shall be marketed by project owners as a restaurant use for a period of not less than 2 years from opening and operation of the hotel. 4.0 The applicant shall implement the approved restaurant marketing plan from project approval through two years from the opening and operation of the project hotel. The applicant shall submit quarterly progress reports to the Community Development Director demonstrating due diligence in marketing the restaurant site for development. If a restaurant use is not secured by the applicant at the end of the marketing period, a final report shall be submitted to the Community Development Director documenting the final results of the marketing plan and requesting that retail use be permitted on the restaurant site. The Community Development Director shall make a final determination within two weeks of the applicant's request. 10. Street names shall be determined prior to the recordation of the FM PS final map. All street names shall be reviewed and approved by the Community Development Department, Fire Department, and Police Department. 11. All subsequent Tentative Tract Map and construction permits shall FM PS, CE be consistent with the Master Plan of Development contained Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services West Front Vi//age SIP: Subdivision FD: Fire Department Tentative Tract Map 2009 (PLN 2099-0997) Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney Tract 2970 FI: Final inspection AMWC: Water Comp. F0: Final Occupancy herein. 12. The emergency services and facility maintenance costs listed FM PS, CE below shall be 100% funded by the project in perpetuity. The service and maintenance costs shall be funded through a community facilities district established by the City at the developer's cost. The funding mechanism must be in place prior to or concurrently with acceptance of the final maps. The funding mechanism shall be approved by the City Attorney, City Engineer, and Administrative Services Director prior to acceptance of any final map. The administration of the above mentioned funds shall be by the City. Developer agrees to participate in the community facilities district and to take all steps reasonably required by the City with regard to the establishment of the district and assessment of the property. a) All Atascadero Police Department service costs to the project. b) All Atascadero Fire Department service costs to the project. c) Off-site common City of Atascadero park facilities maintenance service costs related to the project. 13. All tract maintenance costs listed below shall be 100% funded by FM PS the project in perpetuity. The service and maintenance cost shall be funded through either assessment districts or a Home Owners Association established by the developer and subject to City approval. The district or association must be in place prior to, or concurrently with acceptance of any final maps. The district or association shall be approved by the City Attorney, City Engineer, and Administrative Services Director prior to acceptance of any Final Map. The administration of the above mentioned funds, and the coordination and performance of maintenance activities as follows, shall be the responsibility of the district or association. a) All streets, sidewalks, streetlights, street signs, roads, emergency access roads, emergency access gates, and sewer mains within the project. b) All parks, trails, recreational facilities and like facilities. c) All open space and native tree preservation areas. d) All drainage facilities and detention basins. e) All common landscaping areas, street trees, medians, parkway planters, manufactured slopes outside private yards, and other similar facilities. f All frontage landscaping and sidewalks along arterial streets. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services West Front Vi//age SIP: Subdivision FD: Fire Department Tentative Tract Map 2009 (PLN 2099-0997) Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney Tract 2970 FI: Final inspection AMWC: Water Comp. F0: Final Occupancy 14. Prior to final map, the applicant shall submit CC&Rs for review and FM PS, CE approval by the Community Development Department. The CC&R's shall record with the Final Map and shall include the following: a) Provisions for maintenance of all common areas including access, parking, street trees, fencing and landscaping. b) A detailed list of each individual homeowner's responsibilities for maintenance of the individual units. c) Individual unit's responsibility for keeping all trash receptacles within the unit's garage. d) A provision for review and approval by the City Community Development Department for any changes to the CC&R's that relate to the above requirements prior to the changes being recorded or taking effect e) A plan identifying location of trash cans for pick upon trash day shall be approved by the Atascadero Waste Alternatives and included in the CC&R's 15. Affordable Housing Requirement: GP/BP PS, CA Prosect Site: The applicant shall deed restrict a minimum of 6 residential units for 30 years, prior to or concurrently with the final map, as follows: ■ 1 units at the very -low income rate, ■ 2 units at the low-income rate, ■ 3 units at the moderate income rate. All units shall be distributed throughout the project, subject to staff approval. Future 5 -Lot subdivision: The future subdivision of the site shall result in compliance with the most current City Council policy regarding affordable housing deed restriction or payment of in -lieu fees, prior to or concurrently with the final map. 16. Workforce Housing: Prior to recordation of final map, the applicant GP/BP PS, CA shall enter into a legal agreement with the City to reserve 1/2 of the units for sale to residents or workers within the City of Atascadero, including the affordable units. Theagreement shall include the Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services West Front Vi//age SIP: Subdivision FD: Fire Department Tentative Tract Map 2009 (PLN 2099-0997) Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney Tract 2970 FI: Final inspection AMWC: Water Comp. F0: Final Occupancy following provisions: ■ The units shall be offered for sale to residents or workers within the City of Atascadero for a minimum of 60-days. During this time period offers may only be accepted from Atascadero residents or workers; ■ The applicant shall provide reasonable proof to the City that at least one of the qualified buyers is a resident or worker within the City Limits of Atascadero; ■ The Atascadero resident or worker restriction shall apply to the initial sale only; ■ The applicant shall identify which units will be reserved; and The City Attorney shall approve the final form of the agreement 17. All mitigation Measures listed in the certified Mitigated Negative BP PS Declaration prepared by Padre and Associates shall be implemented and adhered to. 18. The 16-foot wide access easement for the driveway serving lots 40 FM CE through 45 shall be increased to 20-feet wide. 19. A shared private access and parking easement shall blanket lots 1 FM CE through 13. 20. A shared private access, parking, and solid waste/recycle FM CE enclosure access easement shall blanket lots 5 through 13. City Engineer Project Conditions 21. The project applicant may apply for a reimbursement map for off- On going CE site circulation improvements made to the Santa Rosa / US 101 interchange and frontage roads. The amount of reimbursement credit based on actual construction costs subject to the review and approval of the City Engineer and Administrative Services Director. The reimbursement area and reimbursement amounts shall be determined by an additional traffic study that demonstrates a nexus for all parcels included in the reimbursement area. 22. Shared driveway approach to lots 11 through 18 to be modified GP, BP CE to meet City Standard 423 for residential driveways (maximum 20' wide). This standard may require two separate driveway approaches at this location. Drainage: Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services West Front Vi//age SIP: Subdivision FD: Fire Department Tentative Tract Map 2009 (PLN 2099-0997) Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney Tract 2970 FI: Final inspection AMWC: Water Comp. F0: Final Occupancy 23. Submit calculations to support the design of any structures or GP, BP CE 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. 24. Provide for the detention of the 50 year developed storm runoff, GP, BP CE while metering out the 2 year undeveloped storm runoff. 25. Drainage basins shall be designed to desilt, detain and meter GP, BP CE storm flows as well as release them to natural runoff locations. 26. The drainage basins shall be landscaped with native plantings. GP, BP CE 27. A mechanism for funding and maintenance of the storm drain GP, BP CE facilities shall be provided. 28. Show the method of dispersal at all pipe outlets. Include GP, BP CE specifications for size & type. 29. Show method of conduct to approved off-site drainage facilities. GP, BP CE 30. Concentrated drainage from off-site areas shall be conveyed GP, BP CE across the project site in drainage easements. Acquire drainage easements where needed. Drainage shall cross lot lines only where a drainage easement has been provided. If drainage easement cannot be obtained the storm water release must follow the exact historic path, rate and velocity as prior to the subdivision. 31. Applicant shall submit erosion control plans and a Storm Water GP, BP CE Pollution Prevention Plan (SWPPP). The Regional Water Quality Control Board shall approve the SWPPP. 32. The Preliminary Grading and Drainage Plan details offsite grading GP, BP CE to collect offsite storm water and pass it through the site. This grading must be approved by the offsite property owner in a recorded easement. If the easement can not be obtained all grading along the west property line must be keep onsite. Traffic Mitigation: GP, BP CE 33. A Traffic Impact Study was produced for this project by Omni- GP, BP CE Means. In the study there are recommended mitigation measures. Listed below are conditions to implement the mitigation measures: A. Santa Rosa Interchange Install signals on the interchange at the intersection of the north and south bound ramp heads. Remove both 4 way stops. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services West Front Vi//age SIP: Subdivision FD: Fire Department Tentative Tract Map 2009 (PLN 2099-0997) Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney Tract 2970 FI: Final inspection AMWC: Water Comp. F0: Final Occupancy B. West Front Street/Santa Rosa Road Intersection Make this intersection right in and right out only with the construction of a median. This Improvement shall be reviewed by Caltrans Park and Ride Staff. C. Old Santa Rosa Road/Santa Rosa Road Intersection Repave and stripe intersection and Old Santa Rosa Road to a Rural Local Road Standard (401). D. Portola Ave Driveway (Gas Station) This driveway will be right in and right out only. A physical barrier will be place to restrict this movement. These are improvements that are not identified as needed improvements in the City of Atascadero Circulation Element and the Growth Mitigation Program. Therefore, the growth mitigation fee does not cover the improvements. Public Improvements: GP, BP CE 34. West Front Street Frontage Improvements GP, BP CE Improvements to include two (2) travel lanes, one (1) turn lane and a bike lane. An AC curb shall be constructed on the north-east side of West Front. Curb, gutter and sidewalk shall be constructed shall be constructed on the south-west side of West Front. No parking will be allowed on West Front Street. The existing south bound lane asphalt surface is failing. The road shall be repaired to correct this deficiency. This may be a reconstruction, grind and repave or resurfacing. The Project Improvement Plans shall address this condition to the approval of the City Engineer. 35. A. The project shall install a raised, left turn restriction GP, BP CE median barrier in the southern most driveway. The barrier shall prevent both entering and exiting left turn movements. The City Engineer may waive this requirement through demonstration by a traffic engineer that left turn movements can be safely accommodated. 36. Portola Ave. Frontage Improvements GP, BP CE Improvements to include two (2) travel lanes and a bike lane. Curb, gutter and sidewalk shall be constructed shall be constructed on the south side of Portola Ave. 37. All public improvements shall be constructed in conformance GP, BP CE with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services West Front Vi//age SIP: Subdivision FD: Fire Department Tentative Tract Map 2009 (PLN 2099-0997) Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney Tract 2970 FI: Final inspection AMWC: Water Comp. F0: Final Occupancy 38. A mechanism to provide for the funding and maintenance of GP, BP CE lighting, street improvements, special paving surfaces, sewer, storm drain, common area landscape, open space, and hardscape shall be provided. 39. The on-site residential streets shall be improved consistent with GP, BP CE the Tentative Tract Map. The streets shall be marked with "No Parking" signs within the cul-de-sac. All residential streets shall be improved to City Standards. The City Engineer shall approve any deviation from the standard curb and gutter. 40. All Utilities shall be underground on Portola Ave. and West Front GP, BP CE Road and within the project. Sewer 41. A mechanism must be provided to fund the maintenance and GP, BP CE future replacement of all sewer mains throughout the project area. The developer shall establish a benefit maintenance assessment district, or similar funding mechanism, approved by the City, to provide sufficient funds, on an annual basis, to pay for the maintenance activities on the sewer mainline and related facilities within the project area. 42. Applicant shall pay sewer extension (Annexation), Connection GP, BP CE and Reimbursement fees (if applicable) upon issuance of building permit. 43. Drainage piping serving fixtures which have flood level rims GP, BP CE 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. 44. Gravity mains within the subdivision shall be eight (8) inches in GP, BP CE diameter. 45. All sanitary sewer (SS) mains shall terminate in manholes unless GP, BP CE extension of the main, at some later date, is anticipated. If extension of a SS main is anticipated, said SS main may terminate in a cleanout providing the next downstream manhole is less than 300 linear feet from the cleanout and that the point of termination is not a reasonable location for a SS main angle point or intersection. STANDARD CONDITIONS: 46. Prior to final map recordation, the applicant shall provide a GP, BP CE detailed cost analysis and breakdown of all maintenance required and the amount to be billed to each property annually. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services West Front Vi//age BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Tentative Tract Map 2009 (PLN 2099-0997) Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney Tract 2970 FI: Final inspection AMWC: Water Comp. F0: Final Occupancy The analysis shall include scheduled maintenance including slurry seals, overlays, etc. The analysis shall include administrative fees. 47. The applicant shall enter a Subdivision Improvement Agreement GP, BP CE with the City of Atascadero prior to recording the final map. 48. In the event that the applicant is allowed to bond for the public GP, BP CE improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 49. An engineer's estimate of probable cost shall be submitted for GP, BP CE review and approval by the City Engineer to determine the amount of the bond. 50. The Subdivision Improvement Agreement shall record GP, BP CE concurrently with the Final Map. 51. The applicant shall enter into a Plan Check/Inspection GP, BP CE agreement with the City. 52. A six (6) foot Public Utility Easement (PUE) shall be provided GP, BP CE contiguous to the West Front Road and Portola Avenue property frontages. 53. The applicant shall acquire title interest in any off-site land that GP, BP CE 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. 54. Slope easements shall be obtained by the applicant as needed GP, BP CE to accommodate cut or fill slopes. 55. Drainage easements shall be obtained by the applicant as GP, BP CE needed to accommodate both public and private drainage facilities. 56. A preliminary subdivision guarantee shall be submitted for review GP, BP CE in conjunction with the processing of the parcel map. 57. The final map shall be signed by the City Engineer prior to the GP, BP CE map being placed on the agenda for City Council acceptance. 58. Prior to recording the parcel map, the applicant shall pay all GP, BP CE outstanding plan check/inspection fees. 59. Prior to recording the map, the applicant shall complete all GP, BP CE improvements required by these conditions of approval. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services West Front Vi//age BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Tentative Tract Map 2009 (PLN 2099-0997) Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney Tract 2970 FI: Final inspection AMWC: Water Comp. F0: Final Occupancy 60. Prior to recording the parcel map, the applicant shall set GP, BP CE monuments at all new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the parcel map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 61. Prior to recording the parcel map, the applicant shall submit a GP, BP CE 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. 62. All existing and proposed utility, pipeline, open space, or other GP, BP CE 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. 63. Prior to recording the parcel map, the applicant shall have the GP, BP CE map reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company indicating their review of the map. The letter shall identify any new easements that may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the parcel map. 64. Prior to the issuance of building permits the applicant shall GP, BP CE 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. Atascadero Mutual Water Company 65. Before the issuance of building permits, the applicant shall GP, BP CE 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). 66. Before the start of construction on the water system GP, BP CE improvements, the applicant shall pay all installation and connection fees required by AMWC. Subject to the approval of AMWC, the applicant may enter in to a "deferred connection" agreement. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services West Front Vi//age SIP: Subdivision FD: Fire Department Tentative Tract Map 2009 (PLN 2099-0997) Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney Tract 2970 FI: Final inspection AMWC: Water Comp. F0: Final Occupancy 67. Before issuance of building permits, the applicant shall obtain a GP, BP CE "Will Serve" letter from AMWC for the newly created lots within the subdivision. 68. The applicant shall bank the water meters serving Lots 14-25 GP, BP CE keeping them within the Coromar Court right-of-way 69. Water mains and appurtenances not accepted for operation and GP, BP CE maintenance by AMWC shall be isolated from the AMWC system with detector -type cross -connection control devices. All cross - connection devices shall conform to AWWA and California Department of Health Services standards. 70. The applicant shall provide AMWC with easements for those GP, BP CE water mains and appurtenances proposed for operation and maintenance by AMWC that are constructed outside of publicly maintained right-of-ways. The minimum width of these easements shall be 20 -feet or as directed by AMWC. AMWC shall review and approve the form and content of these easements before recordation. Water mains constructed within these easements shall not pass beneath, and shall maintain a minimum of five feet of clearance from, any structure, retaining wall, footing, or foundation. 71. The applicant shall relocate the existing 6 -inch water line that GP, BP CE crosses Lots 1-3 into the Portola Road and West Front Road rights-of-way. 72. The applicant shall submit a hydraulic analysis with the first plan GP, BP CE check submittal of the water system improvements for the project. The analysis should take into account the fire flows required by the Uniform Fire Code and requirements of the California Waterworks Standards. The applicant is responsible for designing and constructing water system improvements that will provide water at pressures and flows adequate for the domestic and fire protection needs of the project. 73. The applicant shall obtain a separate landscape -irrigation GP, BP CE meter(s) from AMWC for the common areas within the project. 74. Before construction of the water system improvements, AMWC GP, BP CE shall review and approve the irrigation plans for the common areas within the project. The irrigation plan submittal 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 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 Appendix A Timing Responsibility Mitigation /Monitoring Measure Mitigation Monitoring Program ZCH 2002-0088, CUP 2003-0108, TTM 2003-0035 GP: Grading Servclanning es Permit BP: Building BS: Building West Front Villages Permit TO: Temporary Services FD: Fire Department Occupancy PD: Police Department FI: Final inspection CE: City Engineer FO: Final WW: Wastewater Occupancy CA: City Attorney AMWC: Water Comp. BP PS, BS, CE AES -1 Mitigation Measure AES -1: The following landscape mitigations shall apply: e) Landscaping of Caltrans ROW required; f) Development shall be buffered with an informal landscape theme, meandering pathway, and compatible project fencing; g) The project shall include landscaping of all common areas, including slopes, streetscapes, residential front yards, and street trees; and, h) All on-site retention basins shall be designed, constructed, and maintained as jurisdictional wetlands while allowing the basins to function as engineered for storm water management. BP PS, BS, CE AES -2 Mitigation Measure AES -2: The proposed homes shall include the use of earth -tone paint and roof colors designed to blend with the surrounding semi -rural environment and reduce the potential for reflected light and glare. BP PS, BS, CE AES -3 Mitigation Measure AES -3: Only pedestrian pathway (bollard style) lighting is proposed. However, if exterior street lighting is proposed, it shall be limited to intersections only and designed to eliminate any off-site glare. All exterior site lights shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. Any luminaire pole height shall not exceed 20 -feet in height, limit intensity to 2.0 foot candles at ingress/egress, and otherwise 0.6 foot candle minimum to 1.0 maximum within the private street. Fixtures shall be shield cut-off type and compatible with neighborhood setting, subject to staff approval. In addition, individual exterior home -owner lighting shall be restricted through CC&R's and individual lot deed -restriction to prohibit high-intensity lighting in excess of one - foot candle, limited in fixture height to not exceed 10 feet, and utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services West Front Vi//age SIP: Subdivision FD: Fire Department Tentative Tract Map 2009 (PLN 2099-0997) Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attomey Tract 2970 FI: Final inspedon AMWC: Water Comp. F0: Final Occupancy BP PS, BS, CE AES -4 Mitigation Measure AES -4: To prevent impacts to visual resources associated with the Wilson Property, Mitigation Measure BIO -8 shall be implemented. BP, GP PS, BS, CE AES -5 Mitigation Measure AES -5: Two pylon and monument signs shall be constructed according to the City of Atascadero's Sign Ordinance. In commercial and industrial zones, pylon -style freeway signs shall be built as prescribed by Section 9-15.005(a)i- ii, with an area of not more than one (1) square foot of sign per lineal foot of freeway oriented building up to 150 square feet (whichever is less) and up to fifty (50) feet in height for uses including gas stations, restaurants and lodging. Where principles uses are shopping, offices or industrial complexes, freeway oriented signs are allowed a maximum of one (1) square foot of sign per lineal foot of building frontage, not to exceed sixty (60) feet, whichever is less (section 9-15.005ii). For gas station canopies, a maximum of twenty (20) square -foot signs with logos and color banding on no more than two (2) sides are allowed (Section 9-15.005iii). As per Section 9-15.005a(2), one (1) monument sign is allowed per 200 lineal feet of street frontage, not including street frontage adjacent to residential zones, up to sixty (60) square feet in size and up to ten (10) feet from the natural grade. Monument signs must be landscaped in a manner that incorporates the sign into the surroundings (section 9-15.004h). BP, GP PS, BS, CE AQ -1 Mitigation Measure AQ -1: During construction, the applicant shall implement the following standard construction equipment mitigation measures for reducing nitrogen oxide (NOx) and combustion emissions (diesel particulate matter) shall (see section 6.3.1 of the Air Quality Handbook): d) Maintain all construction equipment in proper tune according to manufacturer's specifications; e) Fuel all off-road and portable diesel powered equipment with ARB certified motor vehicle diesel fuel (non -taxed version suitable for use off-road); and, f) Maximize, to the extent feasible, the use of diesel construction equipment meeting ARB's 1996 and newer certification standard for off-road heavy-duty diesel engines. BP PS, BS, CE AQ -2 Mitigation Measure AQ -2: This measure focuses on reducing ozone formation from project -related ozone precursors, NOx and ROC. The primary source of these emissions would be ROC released during application of paint to the proposed residential and commercial structures. The rate of ozone formation is greatest during periods of clear weather, low winds and high temperatures. Based on air quality monitoring at the Atascadero station, peak hourly ozone levels occur from May through September. One of the following measures shall be implemented to prevent exceedances of the State 1 -hour ozone standard: e) Paint shall not be applied from May through September; OR f) Paint emissions shall not exceed the 185 pound per day significance threshold (88 gallons per day based on 2.08 pounds Conditions of Approval / Mitigation Monitoring Program West Front Vi//age Tentative Tract Map 2009 (PLN 2099-0997) Tract 2970 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection F0: 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 VOC per gallon); AND g) Paint emissions shall not exceed the 2.5 ton per quarter significance threshold (2,403 gallons per quarter based on 2.08 pounds VOC per gallon). The use of pre -coated materials, or naturally colored materials and high transfer efficiency painting methods (e.g., HVLP, brush/roller, etc.) to the maximum extent feasible would reduce the amount of paint used and facilitate compliance with the thresholds. BP, GP PS, BS, CE AQ -3 Mitigation Measure AQ -3: Prior to the City issuing a Building Permit for the project, the applicant shall provide to the City project grading and buildings plans that contain the following required PM10 mitigation measures. In addition, the applicant shall designate a person or persons to monitor, during construction, the dust control program and to order increased watering, as necessary, to prevent transport of dust offsite. Their duties shall include holidays and weekend periods when work may not be in progress. The name and telephone number of such persons shall be provided to the APCD prior to land use clearance for map recordation and finished grading of the area. 1) Reduce the amount of the disturbed area where possible; m) Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (nonpotable) water should be used whenever possible; n) All dirt stock pile areas should be sprayed daily as needed; o) Permanent dust control measures identified in the approved project revegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities; P) 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; q) All disturbed soil areas not subject to revegetation should be stabilized using approved chemical soil binders, jute netting, or other methods approved in advance by the APCD; r) All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used; S) Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site; t) 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) Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services West Front Vi//age SIP: Subdivision FD: Fire Department Tentative Tract Map 2009 (PLN 2099-0997) Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attomey Tract 2970 FI: Final inspedon AMWC: Water Comp. F0: Final Occupancy in accordance with CVC Section 23114; U) Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment leaving the site; and, V) 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. GP PS, BS, CE AQ -4 Mitigation Measure AQ -4: Prior to any grading activities at the site, the applicant shall ensure that a geologic evaluation is conducted to determine if naturally occurring asbestos (NOA) is present within the area that will be disturbed. If NOA is not present, an exemption request must be filed with the District. If NOA is found at the site, the applicant must comply with all requirements outlined in the Asbestos Air Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface Mining Operations. This may include development of an Asbestos Dust Mitigation Plan and an Asbestos Health and Safety Program for approval by the APCD. BP PS, BS, CE, AQ -5 Mitigation Measure AQ -5: The applicant shall only install APCD approved wood FD burning devices in the new dwelling units consistent with APCD Rule 504. These devices include: f) All EPA -Certified Phase II wood burning devices; g) Catalytic wood burning devices which emit less than or equal to 4.1 grams per hour of particulate matter which are not EPA - Certified but have been verified by a nationally -recognized testing lab; h) Non -catalytic wood burning devices which emit less than or equal to 7.5 grams per hour of particulate matter which are not EPA - Certified but have been verified by a nationally -recognized testing lab; I) Pellet -fueled woodheaters; and, j) Dedicated gas-fired fireplaces. BP PS, BS, CE AQ -6 Mitigation Measure AQ -6: The applicant shall comply with AB 3205 Requirements for Gasoline Dispensing Facilities. Prior to construction, the applicant shall provide information to the APCD indicating whether hazardous materials or certain equipment or processes will be used in or at the facility. Such uses may require a permit from the APCD and/or a Hazardous Materials Business Plan. The City of Atascadero will not issue a final certificate of occupancy until the applicant or future building occupant has complied with the provisions of the law. The law may also impose certain public noticing requirements for a facility that handles hazardous materials and is located within 1,000 feet of the outer boundary of a school (kindergarten through 12th grade). Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services West Front Vi//age SIP: Subdivision FD: Fire Department Tentative Tract Map 2009 (PLN 2099-0997) Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney Tract 2970 FI: Final inspection AMWC: Water Comp. F0: Final Occupancy BP, GP PS, BS, CE AQ-7 Mitigation Measure AQ-7: Prior to construction, the applicant shall obtain a Combined Authority to Construct/Operate, issued by the APCD and the San Luis Obispo County Environmental Health Service (EHS). As part of this, the District will run a health- based screening level risk assessment for the facility, following the California Air Pollution Control Officer's Association (CAPCOA) guidelines. Depending on the District's screening risk determination, the applicant may be subject to throughput limitations or may be required to submit a more refined Health Risk Assessment. GP, BP PS, BS, CE AQ-8 Mitigation Measure AQ-8: Prior to the City issuing a Building Permit, the applicant shall incorporate the following into the project design: V) Traffic calming modifications to project roads, such as narrower streets, speed platforms, bulb-outs and intersection modifications designed to reduce vehicle speeds, thus encouraging pedestrian and bicycle travel; W) Easements or land dedications for bikeways and pedestrian walkways; X) Continuous sidewalks separated from the roadway by landscaping and on-street parking. Adequate lighting for sidewalks must be provided, along with crosswalks at intersections; Y) If the project is located on an established transit route, improve public transit accessibility by providing transit turnouts with direct pedestrian access to the project; Z) Street shade tree planting; aa) Outdoor electrical outlets to encourage the use of electric appliances and tools; bb) On-site bicycle parking for multi-family residential developments; cc) Cable to allow telecommuting, teleconferencing and telelearning to occur simultaneously in at least three locations throughout the home; dd) Shade tree planting along southern exposures of buildings to reduce summer cooling needs; ee) Roof material with a solar reflectance value meeting the EPA/DOE Energy Star® rating to reduce summer cooling needs; ff) 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 high efficiency home heating, cooling, water heaters, and appliances, using efficient interior lighting etc.); gg) Outdoor electrical outlets to encourage the use of electric appliances and tools; hh) Walls and attic insulation beyond Title 24 requirements; Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services West Front Vi//age SIP: Subdivision FD: Fire Department Tentative Tract Map 2009 (PLN 2099-0997) Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney Tract 2970 FI: Final inspection AMWC: Water Comp. F0: Final Occupancy ii) High efficiency gas or solar water heaters; jj) Built-in energy efficient appliances; kk) Double -paned windows; II) Low energy street lights (i.e. sodium); mm) Energy efficient interior lighting; nn) Low energy traffic signals (i.e. light emitting diode); 00) Door sweeps and weather stripping if more efficient doors and windows are not available; and, pp) High efficiency or gas space heating. BP PS, BS, CE 13I0-1 Mitigation Measure BI0-1: Initial rough grading operations and vegetation removal shall be conducted prior to, or after, the typical migratory bird nesting season (March 1 — August 1) to avoid any potential impact to migratory bird nesting activity. Therefore, initial grading should be conducted between the months of August and February. BP PS, BS, CE 13I0-2 Mitigation Measure 13I0-2: If Measure BIO -1 is infeasible, pre -construction surveys shall be conducted prior to any initial grading activity and vegetation removal to identify any potential bird nesting activity, and: c) If any nest sites of bird species protected under the Migratory Bird Treaty Act are observed within the vicinity of the project site, then the project shall be modified and/or delayed as necessary to avoid direct take of the identified nests, eggs, and/or young; and, d) If active nest sites of raptors and/or birds species of special concern are observed within the vicinity of the project site, then CDFG shall be contacted to establish the appropriate buffer around the nest site. Construction activities in the buffer zone shall be prohibited until the young have fledged the nest and achieved independence. BP PS, BS, CE 13I0-3 Mitigation Measure 13I0-3: Prior to any earth disturbance, exclusionary fencing shall be erected at the boundaries of all construction areas to avoid equipment and human intrusion into adjacent habitats. The fencing shall remain in place and be maintained throughout construction. Mitigation Measure BI0-4: Several measures are included within the Arborist Report BP PS, BS, CE 13I0-4 prepared by A&T which outline methods of minimizing potential impacts to existing oak trees which would remain within the property at completion of the proposed project. These measures include following, as stated within the Arborist Report: P) The proposed fencing shall be shown on the grading plan. It must be a minimum of 4' high chain link, snow, or safety fence staked at the edge of the drip -line or line of encroachment for each tree or group of trees. The fence shall be up before any Conditions of Approval / Mitigation Monitoring Program West Front Vi//age Tentative Tract Map 2009 (PLN 2099-0997) Tract 2970 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection F0: 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 construction or earth moving begins. The fencing shall be placed at the edge of the drip -line or further as measured from the actual trees. The owner shall be responsible for maintaining an erect fence throughout the construction period. The arborist(s), upon notification, will inspect the fence placement once it is erected. After this time, fencing shall not be moved without arborist inspection/approval. If the orange plastic fencing is used, a minimum of four zip ties shall be used on each stake to secure the fence along with tie wire or other suitable material intertwined through the top. q) Soils within the drip -line that have been compacted by heavy equipment and/or construction activities must be returned to their original state before all work is completed. Methods include water jetting, adding organic matter, and boring small holes with an auger (18" deep, 2-3' apart with a 24" auger) and the application of moderate amounts of nitrogen fertilizer. The arborist(s) shall advise. r) All areas within the dripline of the trees that cannot be fenced shall receive a 4-6" layer of chip mulch to retain moisture, soil structure and reduce the effects of soil compaction. S) All trenching within the drip -line of native trees shall be hand dug, augured or bored. Prior to any trenching, all utility paths under the drip lines shall be marked by the owner and subsequently air spade to expose all roots without damaging them. Conduit/piping shall then be placed over/under all roots greater than one inch in diameter. The trench can then be re -buried without the need to cut any large roots. t) Grading should not encroach within the drip -line unless authorized. If grading is necessary, construction of retaining walls or tree wells or other protection measures may be necessary to insure the survivability of the trees. Chip mulch 4-6" in depth may also be required in these areas. Grading should not disrupt the normal drainage pattern around the trees. Fills should not create a ponding condition and excavations should not leave the tree on a rapidly draining mound. U) Any exposed roots shall be re-covered the same day they were exposed. If they cannot, they must be covered with burlap or another suitable material and wetted down 2x per day until re- buried. V) Pervious surfacing is preferred within the drip -line of any oak tree. Permeable pavers shall be used for the sidewalk under the drip - line. Arborist(s) will advise. W) Vehicles and all heavy equipment shall not be driven under the trees, as this will contribute to soil compaction. Also there is to be no parking of equipment or personal vehicles in these areas. All areas behind fencing are off-limits unless pre -approved by the arborist. X) The existing ground surface within the drip -line of all oak trees shall not be cut, filled, compacted or paved, unless shown on the Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services West Front Vi//age SIP: Subdivision FD: Fire Department Tentative Tract Map 2009 (PLN 2099-0997) Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney Tract 2970 FI: Final inspection AMWC: Water Comp. F0: Final Occupancy grading plans and approved by the arborist. Y) No liquid or solid construction waste shall be dumped on the ground within the drip -line of any oak tree. Z) An arborist shall be present for selected activities and pre - construction fence placement inspection. The monitoring does not necessarily have to be continuous, but observational at time during the above activities. It is the responsibility of the owner(s) or their designee to inform us prior to these events so A&T can make arrangements to be present. The following activities shall be monitored: 1) trenching within the drip -line; 2) curb footing excavation; and, 3) sidewalk grading. aa) An on-site preconstruction meeting with the Arborist(s), Owner(s), Planning Staff, and the earth -moving team shall be required for this project. Prior to final occupancy, a letter from the arborist(s) shall be required verifying the health/condition of all impacted trees and providing any recommendations for any additional mitigation. The letter shall verify that the arborist(s) were on site for all grading and/or trenching activity that encroached into the drip -line of the selected native trees, and that all work done in these areas was completed to the standards set forth above. bb) Class 4 pruning includes — Crown reduction pruning shall consist of reduction of tops, sides, or individual limbs. A trained arborist shall perform all pruning. cc) All landscape under the drip -line shall be drought tolerant or native varieties. Lawns shall be avoided. All irrigation trenching shall be routed around critical root zones, otherwise above ground drip -irrigation shall be used. dd) All utilities shall be placed down the roads and driveways and when possible outside of the drip -line. The arborist shall supervise trenching within the drip -line. All trenching in these areas shall be hand dug. As stated above in the trenching mitigation, all paths shall be marked by the owner and air spade prior to any digging. BP PS, BS, CE 13I0-5 Mitigation Measure BIO -5: The applicant shall develop and submit an oak tree replacement plan to the City of Atascadero to ensure that the project is in compliance with the City of Atascadero Native Tree Ordinance. As such, native trees removed during project implementation shall be replaced. For every 6" diameter at breast height (dbh) or greater of deciduous oak tree removed, two 5 -gallon, locally grown native oaks of the same species shall be planted. For every 6" dbh of other native tree (as listed in City Ordinance Number 350) that is removed, one 5 -gallon, locally grown tree of the same species shall be planted (Atascadero Native Tree Guidelines). BP PS, BS, CE 13I0-6 Mitigation Measure 13I0-6: Upon project completion a final status report shall be prepared by the project arborist, and submitted to the City of Atascadero, certifying the project was in compliance with the mitigation measures included in the A&M arborist report and those measures which will be included within the proposed Oak Tree Replacement Plan, as described above. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services West Front Vi//age SIP: Subdivision FD: Fire Department Tentative Tract Map 2009 (PLN 2099-0997) Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attomey Tract 2970 FI: Final inspedon AMWC: Water Comp. F0: Final Occupancy GP PS, BS, CE 13I0-7 Mitigation Measure BIO -7: All existing native trees on the Wilson Property shall not be removed or significantly impacted as a result of project implementation. BP,GP PS, BS, CE 13I0-8 Mitigation Measure BIO -8: The applicant shall ensure that the three wetland areas are designed, constructed and maintained in accordance with the requirements of the 404 Permit issued by the U.S. Army Corps of Engineers for the project. BP,GP PS, BS, CE CUL -1 Mitigation Measures CUL -1. Because the Colony house is largely intact with few modern alterations and the cluster of structure and trees retains a setting of the organization, vies, and tranquility of the Frandsen and Wilson households and is regarded as an important part of the early history of Atascadero, an Historic Overlay Zone shall be required on the Wilson Property to protect it from any adverse impacts from the current and future projects. Any construction and/or subdivision on the site shall be consistent with the Secretary of Interior standards for rehabilitation of historic structures. BP,GP PS, BS, CE CUL -2 Mitigation Measure CUL -2: Should any cultural resources be unearthed during site development work, the provisions of CEQA -Section 15064.5, will be followed to reduce impacts to a non-significant level. BP,GP PS, BS, CE CUL -3 Mitigation Measure CUL -3: Any additional mitigation measures recommended by the project cultural resource consultant, resulting from completion of Phase II testing or from on-site monitoring of earth disturbance activities shall be forwarded to the City in the form of a mitigation monitoring program for site development, and shall be incorporated into the proposed project prior to project approval. BP PS, BS, CE GEO-1 Mitigation Measure GEO-1: The applicant will implement Mitigation Measure HWQ-1. BP PS, BS, CE GEO-2 Mitigation Measure GEO-2: A soils report and geotechnical investigation shall be submitted as part of the building permit process. Any measures identified in this report shall be incorporated into the conditions of approval. BP, GP PS, BS, CE HAZ-1 Mitigation Measure HAZ-1: Prior to grading activities at the 1 -acre parcel of the former gasoline station, the applicant shall prepare a Contaminated Materials Management Plan (CMMP) to be implemented during excavation or grading activities. The CMMP shall include procedures for the proper and safe handling and disposal of petroleum hydrocarbon contaminated soils. Petroleum hydrocarbon -containing soil with Total Petroleum Hydrocarbon (TPH) concentrations in excess of 100 milligrams per kilogram shall not be used for backfill material on-site and shall be transported to a properly licensed landfill or recycling facility. The CMMP shall be submitted to the City and the County of San Luis Obispo Division of Environmental Health for review and approval prior to initiation of grading activities. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services West Front Vi//age SIP: Subdivision FD: Fire Department Tentative Tract Map 2009 (PLN 2099-0997) Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney Tract 2970 FI: Final inspection AMWC: Water Comp. F0: Final Occupancy BP, GP PS, BS, CE HAZ-2 Mitigation Measure HAZ-2: Mitigation Measure HAZ-2: No water wells will be constructed at the project site without the express written approval of the Regional Water Quality Control Board. BP, GP PS, BS, CE HAZ-3 Mitigation Measure HAZ-3: The gas station shall be constructed and operated in accordance with current state UST specifications including double-walled tanks, piping and dispenser catch pans. The applicant shall obtain appropriate UST permits from the County Environmental Health Division, the local Certified Unified Program Agency (CUPA) for the proposed UST installations. BP, GP PS, BS, CE HWQ-1 Mitigation Measure HWQ-1: The applicant will prepare and implement a Sediment and Erosion Control Plan (SECP) for the proposed project. The SECP will include: f) Slope surface stabilization measures, such as temporary mulching, seeding, and other suitable stabilization measures to protect exposed erodible areas during construction, and installation of earthen or paved interceptors and diversion at the top of cut of fill slopes where there is a potential for erosive surface runoff; g) Erosion and sedimentation control devices, such as energy absorbing structures or devices, will be used, as necessary, to reduce the velocity of runoff water to prevent polluting sedimentation discharges; h) Installation of mechanical and/or vegetative final erosion control measures within 30 days after completion of grading; i) Confining land clearing and grading operations to the period between April 15 and October 15 to avoid the rainy season; and, j) Minimizing the land area disturbed and the period of exposure to the shortest feasible time. Prior to construction, the applicant will develop a Storm Water Pollution Prevention Plan (SWPPP) and submit a Notice of Intent to comply with the NPDES "General Permit for Storm Water Discharge Associated with Construction Activity (99-08- DWQ). The SWPPP will include provisions for the installation and maintenance of Best Management Practices to reduce the potential for erosion of disturbed soils at the Project site. BP, GP PS, BS, CE HWQ-2 Mitigation Measure HWQ-2: The developer is responsible for ensuring that all contractors are aware of all storm water quality measures and that such measures are Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services West Front Vi//age SIP: Subdivision FD: Fire Department Tentative Tract Map 2009 (PLN 2099-0997) Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney Tract 2970 FI: Final inspection AMWC: Water Comp. F0: Final Occupancy implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop orders. BP, GP PS, BS, CE 140I-1 Mitigation Measure N0I-1: The applicant will construct acoustic sound walls to mitigate elevated noise levels to the residences. The noise barrier will extend in height (minimum of 6 feet) so that it breaks the line of sight between the noise sources and the receivers. The sound wall shall have a continuous structure and extend in a linear fashion parallel to the property line interface with the service station/retail facility and hotel and the residences (townhomes and single family residences) along this boundary. The location of the sound wall is shown in Figure 2- 2. Aesthetics treatment, including landscaping of various shrubs, will be applied to the sound wall to mitigate visual concerns. BP, GP PS, BS, CE N0I-2 Mitigation Measure N0I-2: All construction activities shall comply with the City of Atascadero Noise Ordinance for hours of operation, and as follows: Construction activities shall be limited to the following hours of operation: • 7 a.m. to 7 p.m. Monday through Friday • 9 a.m. to 6 p.m. Saturday • No construction on Sunday Furthermore, particularly loud noises shall not occur before 8 a.m. on weekdays and not at all on weekends. The hours of construction may be modified by the Community Development Director upon a determination that unusually loud construction activities are having a significant impact on the neighbors. Failure to comply with the above-described hours of operation may result in withholding of inspections and possible construction prohibitions, subject to the review and approval of the Community Development Director. A sign shall be posted on-site with the hours of operation and a telephone number of the person to be contacted in the event of any violations. The details of such a sign shall be approved by staff during the Grading Plan/Building Permit review process. Conditions of Approval / Mitigation Monitoring Program West Front Vi//age Tentative Tract Map 2009 (PLN 2099-0997) Tract 2970 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspedon F0: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attomey AMWC: Water Comp. Mitigation Measure BP, GP PS, BS, CE PUB -1 Mitigation Measure PUB -1: Applicant will pay all Development Impact Fees per City requirements. The emergency services and facility maintenance costs listed below shall be 100% funded by the project in perpetuity. The service and maintenance cost shall be funded through a community facilities district established by the developer subject to City approval. The funding mechanism must be in place prior to or concurrently with acceptance of any final maps. The funding mechanism shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any final map. The administration of the above mentioned funds shall be by the City. d) All Atascadero Police Department service costs to the project; e) All Atascadero Fire Department service costs to the project; and, f) Off-site common City of Atascadero park facilities maintenance service costs related to the project. BP, GP PS, BS, CE TRA -1 Mitigation Measures TRA -1: The following mitigation measures have been identified and/or the equitable share has been calculated: A. Santa Rosa Road/US 101 interchange: Install traffic signals and consider coordination with nearby and future traffic signals. As a result of cumulative traffic growth within the vicinity of this interchange and the existing substandard design of this tight diamond interchange, the existing all -way stop controlled intersections are forecasted to degrade to unacceptable LOS "F" conditions during the PM peak In addition, the projected traffic volumes during the PM peak hour period meet Caltrans' Peak Hour Warrant 11 (Urban Areas) for both intersections. A queuing analysis was performed along Santa Rosa Road between the two future signalized ramp heads. It was determined that there is not adequate space between the two ramp intersections to accommodate traffic signals at this location. However, if these traffic signals were coordinated, traffic flow would be improved. A detailed analysis would be required. Ultimately, this substandard interchange needs to be improved to Caltrans' current standards. Therefore, it is recommended that the City and/or Caltrans conduct a Project Study Report (PSR) for this interchange to determine future improvements. These future improvements may include consideration of roundabouts and/or re -aligning surface streets in addition to the recommendations made by OMNI -MEANS. Based upon Caltrans' Guide for Preparation of Traffic Impact Studies (June 2001), the equitable share responsibility was calculated during the PM peak hour period. Based upon the project's contribution to the PM peak hour traffic growth at this intersection, the project's "fair - share" of improvements at the intersection of Santa Rosa Road/West Front Road/US 101 SB On Ramp is projected to be 43.5% [259/(1,652-1,056)]. At the intersection of Santa Rosa Road/East Front Road/US 101 NB Ramps, the project's "fair -share" of improvements is projected to be 31.4% [176/(2,011-1,451)]. With recommended improvements at these intersections, the AM and PM peak hour LOS Conditions of Approval / Mitigation Monitoring Program West Front Vi//age Tentative Tract Map 2009 (PLN 2099-0997) Tract 2970 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Finalinspecton F0: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attomey AMWC: Water Comp. Mitigation Measure are projected to operate acceptably. B. Project Driveways: It is recommended, and was assumed during this analysis, that the Portola Avenue/Driveway #1 operate as "right -turn - only" intersections. This is a result of the close proximity to the Portola Avenue/West Front Road intersection. It is further recommended that acceleration and deceleration lanes be installed that comply with the City's development standards. Based upon the forecasted traffic volumes at these locations, the acceleration and deceleration lanes should be a minimum of 50 feet for the eastbound right turn lane. For the West Front Road Driveway #2 and West Front Road/Driveway #3, the acceleration and deceleration lanes should also be a minimum of 50 feet. C. Santa Rosa Road/EI Camino Real Intersection: Provide for dual northbound left turning movements on EI Camino Real to accommodate the forecasted increase in traffic volume at this intersection. Implementation of the proposed mitigation measure is forecasted to result in acceptable OS through Year 2025. Under Year 2025 Base plus Project Conditions, the project's "fair share" of improvements at the intersection is projected to be 8.9% [93/2,947- 2,235)]. \\Cityhall\cdvlpmnt\- pre 06 PLNs (Old Planning Docs)\- GPA - General Plan Amendments\GPA 03\GPA 2003-0005 Shannon Portola-West Front\2009 amendment. residential & lot 2\West front 2009 amendment. PC -SR 2-17-09.doc