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HomeMy WebLinkAboutPC_2008-04-15_AgendaPacketCITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Tuesday, April 15, 2008 — 7:00 P.M. City Hall Council Chambers 6907 El Camino Real Atascadero, California CALL TO ORDER Pledge of Allegiance Roll Call: Chairperson Fonzi Vice Chairperson Slane Commissioner O'Keefe Commissioner Jack Commissioner O'Grady Commissioner Marks Commissioner Heatherington Chairperson will read the decorum guidelines APPROVAL OF AGENDA PLANNING COMMISSION BUSINESS 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. 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) City of Atascadero Planning Commission Agenda CONSENT CALENDAR Regular Meeting April 15, 2008 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 MARCH 18, 2008. 2. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON APRIL 1, 2008. 3. APPROVAL OF TIME EXTENSION ON TENTATIVE PARCEL MAP 2003-00409 5516 TUNITAS AVE., (MAVERICK CONSTRUCTION/THINGER) COMMUNITY DEVELOPMENT STAFF REPORTS PUBLIC HEARINGS (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).) CONTINUED BUSINESS: 4. PLN 2008-1273, RITE AID DEVELOPMENT, 7045, 7055 EL CAMINO REAL Property Owner: Epsteen and Associates, 5034 Carpinteria Ave, Carpinteria, CA 93013 Project Title: PLN 2008-1273 — Rite-Aid Development Project 7045, 7055 EI Camino Real, Atascadero, CA 93422 Location: APN 030-081-037, 041 (San Luis Obispo County) Project The proposed project consists of an application for a Conditional Use Permit (CUP) to Description: allow a new 17,340 square -foot Rite Aid development with drive-through pharmacy and remodel of an existing 21,500 square -foot retail building. The Conditional Use Permit will establish a Master Plan of Development for the site that will include all site development and architectural standards for the project site. The proposed new building and existing building are located within an existing shopping center at the intersection of EI Camino Real and Highway 41 (Morro Road). The project takes access off of EI Camino Real and Highway 41. No native trees are proposed for removal. General Plan Designation: General Commercial (GC) Zoning District: Commercial Retail (CR) Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration is Environmental proposed. The proposed Mitigated Negative Declaration is available for public review Determination: at 6907 EI Camino Real, Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. City of Atascadero Planning Commission Agenda NEW BUSINESS: Regular Meeting April 15, 2008 Page 3 of 4 5. PLN 2099-0904,6901,6905 EL CAMINO REAL, 6999 SANTA YSABEL AVE., COLONY SQUARE CUP 2004-0127 AND TTM 2005-0071 AMENDMENT Property Owner: James Harrison, Colony Square LLC, 205 E. Camarillo, Ste. 220, Santa Barbara, CA 93101 Project Title: PLN 2099-0904, Amendment to CUP 2004-0127 & TTM 2005-0071 Project Location: 6901 & 6905 EI Camino Real, 6999 Santa Ysabel Ave., Atascadero, CA 93422 APN 029-361-018, 020, 022 (San Luis Obispo County) Project The proposed project consists of an Amendment to the lot configuration for Tentative Description• Tract Map 2005-0071 (Colony Square.) The proposed Amendment would create separate lots over the roads and parking areas throughout the site. Modifications to the project conditions of the Tentative Tract Map and the Conditional Use Permit are proposed. The Master Plan of Development on the site would remain as originally approved. General Plan Designation: General Commercial (GC) Zoning District: Commercial Retail (CR) Proposed Environmental Consistent with Certified Mitigated Negative Declaration 2005-0020 Determination: COMMISSIONER COMMENTS AND REPORTS 6. AIR POLLUTION CONTROL DISTRICT (APCD) PRESENTATION The Air Pollution Control District will make a presentation regarding environmental impacts related to drive-through commercial uses. DIRECTOR'S REPORT ADJOURNMENT The next regular meeting of the Planning Commission will be on May 6, 2008 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 April 15, 2008 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: 4-15-08 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting Tuesday, March 18, 2008 — 7:00 P.M. Chairperson Fonzi called the meeting to order at 7:02 p.m. and Commissioner Heatherington led the Pledge of Allegiance ROLL CALL Present: Commissioners Heatherington, Jack, Marks, O'Grady, O'Keefe, Slane and Chairperson Fonzi Absent: None Staff Present: Community Development Director Warren Frace, Public Works Director / City Engineer Steve Kahn, Deputy Community Development Director Steve McHarris, Senior Planner Kelly Gleason and Administrative Assistant Annette Manier. APPROVAL OF AGENDA MOTION: By Commissioner Jack and seconded by Vice Chairperson Slane to approve the agenda. Motion passed 7:0 by a roll -call vote. PLANNING COMMISSION BUSINESS DISCLOSURE OF EX PARTE COMMUNICATIONS: PC Draft Minutes 03/18/08 Page 1 of 6 ■ Commissioner Marks stated he visited the Rite Aid site. ■ Chairperson Fonzi stated she visited the Rite Aid site. ■ Commissioner Jack stated he visited the Rite Aid site. ■ Commission O'Grady stated he visited the Rite Aid site. PUBLIC COMMENT None CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON FEBRUARY 19, 2008. 2. APPROVAL OF TIME EXTENSION ON TENTATIVE TRACT MAP 2001-0011 6340 ALCANTARA AVE. (RUSSELL). MOTION: By Commissioner O'Grady and seconded by Commissioner Jack to approve Item #1. Motion passed 7:0 by a roll -call vote. Item #2: Community Development Director Warren Frace and Deputy Community Development Director Steve McHarris answered questions of the Commission regarding Item #2. Commissioner O'Grady stated this project has had three time extensions and in the five years since the original project was approved the needs of the City have changed significantly. For that reason, he would vote not to extend in the hope that this would revert to a multi -family apartment development, which he believes is now in the best interest of the City. PUBLIC COMMENT Loraine Russell, applicant, explained why she was asking for the time extension and answered questions of the Commission. Chairperson Fonzi closed the Public Comment period. MOTION: By Commissioner O'Keefe and seconded by Commissioner Marks to approve Item #2. Motion passed 6:1 by a roll -call vote. (O'Grady opposed) PC Draft Minutes 03/18/08 Page 2 of 6 COMMUNITY DEVELOPMENT STAFF REPORTS PUBLIC HEARINGS 3. PLN 2008-1273, RITE -AID DEVELOPMENT, 7055 EL CAMINO REAL Property Owner: Epsteen and Associates, 5034 Carpinteria Ave, Carpinteria, CA 93013 Project Title: PLN 2008-1273/CUP 2008-0223 — Rite-Aid Development Project Location: 7055 EI Camino Real, Atascadero, CA 93422 APN 030-081-037 (San Luis Obispo County) Project The proposed project consists of an application for a Conditional Use Permit (CUP) to Description: allow a new 17,340 square -foot Rite Aid development with drive-through pharmacy and remodel of an existing 21,500 square -foot retail building. The Conditional Use Permit will establish a Master Plan of Development for the site that will include all site development and architectural standards for the project site. The proposed new building and existing building are located within an existing shopping center at the intersection of EI Camino Real and Highway 41 (Morro Rd). The project takes access off of EI Camino Real and Highway 41. No native trees are proposed for removal. General Plan Designation: General Commercial (GC) Zoning District: Commercial Retail (CR) Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration is Environmental proposed. The proposed Mitigated Negative Declaration is available for public review Determination: at 6907 EI Camino Real, Community Development Department, from 8:00 a.m. to 5:00 .m., Monday through Fri day. Senior Planner Kelly Gleason and Community Development Director Warren Frace gave the staff report and with City Engineer Steve Kahn answered questions of the Commission. PUBLIC COMMENT Tom Jess, applicant's representative and architect, introduced the design team, spoke about the project, the importance of the drive-through, and answered questions of the Commission. Mike Hieshima, project developer, explained that in the past Rite-Aid controlled the entire three acres of the development so that he had no ability to control maintenance and other issues the Commission perceives as negatives on the site. However, through this process his group has been able to gain control and improve the entire center and this development. He further explained that they did their best with the requirements placed on the project by Rite-Aid, and any change to what is being presented tonight will require Real -Estate Committee approval from Rite-Aid and the chances of that approval are about 50/50 at this time. Mr. Hieshima answered questions of the Commission. Chairperson Fonzi recessed the hearing at 8:55 p.m. PC Draft Minutes 03/18/08 Page 3 of 6 Chairperson Fonzi called the meeting back to order at 9:00 p.m. Joanne Main, President / CEO Chamber of Commerce, urged the Commission to pay attention to the letters from two previous mayors of Atascadero encouraging Rite-Aid and the new developers to improve the site. She stated the project would enhance the corner and meets the City's goal of economic development. Chairperson Fonzi closed the Public Comment period. Commissioner Comments: Vice Chairperson Slane ■ Supportive of this new project coming into Atascadero. ■ Understands some Commissioner's concerns regarding architecture, but likes simplicity and provided the colors and fagade fits with the rest of the complex, he does not have a problem with it. ■ Landscaping will soften the effect of the roofline. ■ The new building and changes to the old Rite-Aid building will improve the site and be good for the community. ■ Given the economic times, this is an opportunity for the City to show it is supportive of business. ■ Concerned with the monument signs, would like to see those eliminated and provide more signage on the building. Commissioner O'Keefe ■ Recognizes there are a lot of constraints on the site and a lot of thought has gone into making the area better. ■ Her main concern is with the plainness of the architecture, primarily the roof, and for this reason, she cannot support the project as this will be at the location for a long time and she wants something that looks nice. ■ Issues of traffic movement and pedestrian access have been dealt with. ■ Signage should be addressed as it is excessive. Commissioner O'Grady ■ This is an important site for the City and it is unrealistic for any project to get through with only one Planning Commission review. ■ Would like the developer to present some of the issues raised by the Commission to Rite-Aid and come back to the Commission for further discussion. The other alternative would be to heavily condition the project, which could be turned down by Rite-Aid. This would not be a good option, as he really supports a major improvement to the site. Commissioner Heatherington ■ This is an improvement to the area. PC Draft Minutes 03/18/08 Page 4 of 6 ■ She does not support drive-through's and would vote for the project tonight if there were no drive-through component. ■ A drive-through would have to be offset by other major improvements for her to support it. ■ Important for businesses to realize the sense of place in a community. ■ Not comfortable with being held hostage by Rite-Aid. ■ Wants to see this project go forward and making a few roofline changes shouldn't be a significant change for Rite-Aid and would allow the store to fit into the community better. Commissioner Marks ■ Agrees with Commissioners O'Grady and Heatherington. ■ This Rite-Aid will be the gateway feature at Highway 101 for at least 20 years, and he is not prepared to accept the architecture as it is. ■ A tiled / gabled roof will be essential. ■ Rite-Aid came to the City because it wants a drive-through, so the City has something to offer them. ■ The best thing to do would be for Rite-Aid and the owner of the property to come back with revised architecture. Commissioner Jack ■ Does not want to take the chance that he would have to look at the existing blank, gray concrete building for the next 23 years as the City's gateway. He would rather look at the building that is being proposed, thought it does not have all the aesthetics he would like it to have. ■ The project is a plus and will help the City develop its retail base and will tie into the Colony Square project. ■ The project could be conditioned to accommodate many of the Commission's concerns. ■ He can support the project. Chairperson Fonzi ■ This is an improvement in increasing the depth of the commercial area along EI Camino Real by adding an additional store in the front. ■ Agrees with eliminating the vast expanse of driveway, potholes and problems behind the stores, trash, etc. ■ The additional landscaping is a plus for this gateway location. ■ Pedestrian access improvements are good. ■ As a whole this is a good project in many ways. ■ This is an important enough project that it should be continued and brought back with alternative plans rather than take it to a vote tonight. ■ Believes there will be no site improvements without this store. ■ Would like to see one or two alternatives brought back for further consideration. MOTION: By Commissioner O'Keefe and seconded by Commissioner Marks to continue this and have staff work with the client with PC Draft Minutes 03/18/08 Page 5 of 6 regard to architectural enhancements, specifically focusing on the roof or to reduce the square footage of the signage. The Commission is generally in favor of the project but has serious concerns regarding the architecture, which can be improved. Motion passed 7:0 by a roll -call vote. COMMISSIONER COMMENTS AND REPORTS Chairperson Fonzi reported on the meeting between the Mayor, Mayor Pro Tem and Commission Chairs and Vice Chairs. Topics discussed included drive-through's, code enforcement, and Commissioner comments in minutes. There was Commissioner discussion regarding the topics covered in the meeting. Chairperson Fonzi requested the name of the Planner writing a report be included on the front page of a staff report. Commissioner O'Grady complimented the Commissioners on their deliberations this evening. Commissioner Heatherington spoke about the importance of improving the corner under discussion this evening and how she could balance the possibility of a drive-through at that site if other improvements to this gateway location were considered. DIRECTOR'S REPORT Community Development Director Warren Frace reported on the Wal-Mart/Annex project, the drive-through issue, Council changes to rules for public hearings, and reviewed the agenda for the next Planning Commission meeting. Director Frace answered questions of the Commission regarding Colony Square, the status of the Historic City Hall repair, and the Printery. ADJOURNMENT Chairperson Fonzi adjourned the meeting at 9:48 p.m. to the next regularly scheduled meeting of the Planning Commission on April 1, 2008. MINUTES PREPARED BY: Grace Pucci, Recording Secretary PC Draft Minutes 03/18/08 Page 6 of 6 CALL TO ORDER ITEM NUMBER: 2 DATE: 4-15-08 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting Tuesday, April 1, 2008 — 7:00 P.M. Chairperson Fonzi called the meeting to order at 7:00 p.m. and Commissioner Marks led the Pledge of Allegiance. ROLL CALL Present: Commissioners Heatherington, Jack, Marks, O'Grady, O'Keefe, Slane and Chairperson Fonzi Absent: None Others Present: Recording Secretary Grace Pucci Staff Present: Community Development Director Warren Frace, Deputy Community Development Director Steve McHarris, and Senior Planner Kelly Gleason. APPROVAL OF AGENDA MOTION: By Commissioner Jack and seconded by Vice Chairperson Slane to approve the agenda. Motion passed 7:0 by a roll -call vote. PLANNING COMMISSION BUSINESS Chairperson Fonzi explained that the City Council has changed the Public Comment period to a three minute time limit; however, the order of Public Comment on the agenda can be changed by the Planning Commission for their meetings if they choose. PC Draft Minutes 04/01/08 Page 1 of 4 There was Commission agreement to leave the Public Comment period in its current location on the agenda. DISCLOSURE OF EX PARTE COMMUNICATIONS: ■ Commissioner Jack stated he drove by the property in question for Item #2. ■ Commissioner O'Grady stated he lives one mile from the site for Item #2, and he passes by the site quite frequently. PUBLIC COMMENT Joanne Main announced that the Atascadero Rotary club will dedicate the park horse fitness station at Santa Rosa and Lakeview Drive this Friday at 4:00 p.m. Chairperson Fonzi closed the Public Comment period. CONSENT CALENDAR None COMMUNITY DEVELOPMENT STAFF REPORTS PUBLIC HEARINGS 1. PLN 2099-0876, RECONSIDERATION OF CONDITIONAL USE PERMIT 2005- 0148,4300 EL CAMINO REAL, CARL'S JR. Property Owner• Kmart Corporation, 3100 W. Big Beaver Rd., Troy, MI 48084 Applicant: CKE Restaurants, Inc., 401 W. Carl Karcher Way, Anaheim CA 92801 Project Title: PLN 2099-0876, Reconsideration of Conditional Use Permit 2005-0148 Project 4300 EI Camino Real, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 049-221-063 Project The previously approved entitlement has expired. The applicant has applied for a Description• Reconsideration of the previously approved Conditional Use Permit to allow the following: The proposed project consists of an application for a Conditional Use Permit for a drive- through restaurant located on 0.83 acres within the Commercial Retail Zone. The proposal includes a main dining building with outdoor patio areas for restaurant patrons and a drive-through facility along the EI Camino Real and San Anselmo frontages. The site is currently vacant and located within the existing Kmart Shopping Center. General Plan Designation: General Commercial (GC) Zoning District: Commercial Retail (CR) PC Draft Minutes 04/01/08 Page 2 of 4 Proposed Consistent with the previously certified Mitigated Negative Declaration 2005-0047. Environmental Determination: Senior Planner Kelly Gleason announced that an email was received from the applicant requesting that this item be continued. MOTION: By Commissioner Jack and seconded by Commissioner O'Grady to continue Item #1. Motion passed 7:0 by a roll -call vote. 2. PLN 2007-1190, AMENDMENT OF CONDITIONAL USE PERMIT 2007-0203, 9525 GALLINA COURT Property Owner: Milan & Ruth Vrajich, 9525 Gallina Ct., Atascadero, CA 93422 Project Title: PLN 2007-1190 / Conditional Use Permit Amendment to allow 2 additional clients at a previously approved Residential Care Facility. Project Location: 9525 Gallina Court, Atascadero, CA 93422 (San Luis Obispo County) APN 054-272-025 Project The proposed project consists of an application for a Conditional Use Permit Amendment to Description: allow up to 10 residents in a residential care facility. The facility currently is approved for 8 residents. General Plan Designation: Rural Estates (RE) Zoning District: Residential Suburban (RS) Proposed Environmental Notice of Exemption. Determination: Senior Planner Kelly Gleason gave the staff report and answered questions of the Commission. PUBLIC COMMENT Ruth Vrajich, owner / applicant, explained the reason for her request and answered questions of the Commission. Chairperson Fonzi closed the Public Comment period. MOTION: By Commissioner O'Keefe and seconded by Commissioner O'Grady to adopt Resolution PC 2008-0019 approving an Amendment to PLN 2007-1190 based on findings and subject to Conditions of Approval. Motion passed 7:0 by a roll -call vote. PC Draft Minutes 04/01/08 Page 3 of 4 COMMISSIONER COMMENTS AND REPORTS Commissioner O'Grady spoke about a document received from the applicant for the Carl's Jr. Item that was continued, asking if a detailed letter could be sent in lieu of the owner appearing in person. There was a brief Commission discussion and it was agreed that it would be preferable if the owner appeared in person. DIRECTOR'S REPORT Community Development Director Warren Frace referred to the letter from the City Clerk regarding the process for stepping down if there is a conflict of interest, and reviewed that process for the Commission. Director Frace discussed the agenda for the next meeting, and announced that Associate Planner Kerry Margason has resigned and her projects will be transferred to other staff members. Director Frace answered questions of the Commission. ADJOURNMENT Chairperson Fonzi adjourned the meeting at 7:24 p.m. to the next regularly scheduled meeting of the Planning Commission on April 15, 2008. MINUTES PREPARED BY: Grace Pucci, Recording Secretary PC Draft Minutes 04/01/08 Page 4 of 4 ITEM NUMBER: 3 DATE: 4-15-08 Atascadero Planning Commission Staff Report - Community Development Department Callie Taylor, Associate Planner, 470-3448, ctaylor@atascadero.org Time Extension Tentative Parcel Map 2003-0040 5516 Tunitas Avenue (Thinger / Maverick Construction, LLC) SUBJECT: Consideration of a one-year Time Extension for Tentative Parcel Map 2003-0040. RECOMMENDATION: Staff Recommends: Adopt Resolution PC 2008-0021, thereby approving a one-year Time Extension of Tentative Parcel Map 2003-0040 in compliance with Sections 11-4.23(a) and 11-4.33(b) of the Subdivision Ordinance. SITUATION AND FACTS: 1. Owner: Maverick Construction, LLC, 1305 Vine St. Paso Robles, CA 93446 2. Applicant: Byron Thinger, 295 Reef Ct., Pismo Beach, CA 93449 3. Project Address: 5516 Tunitas, Atascadero, CA 93422 APN: 029-081-003 4. General Plan Designation: MDR (Medium Density Residential) 5. Zoning District: RMF -10 (Residential Multi -Family 10 units/acre) Planned Development Overlay #7 6. Existing Use: Residential 7. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2003-0034 DISCUSSION: Background: In October 2003, the City of Atascadero City Council approved Tentative Parcel Map 2003- 0040 in conjunction with Planned Development Overlay #7 and subject to a Master Plan of Development (CUP). In 2005, the property went through a change of ownership and subsequently the map expired. On April 4, 2006, a reconsideration for Tentative Parcel Map 2003-0040 with corresponding Planned Development Overlay #7 and Master Plan of Development was approved by the Planning Commission. The Tentative Parcel Map 2003-0040 is set to expire April 4, 2008. The applicant submitted an application for a one- year Time Extension in March 2008. Approval of this Time Extension would extend the life of the Map by twelve (12) months and the new expiration date would be April 4, 2009. Analysis: The Subdivision Map Act mandates an initial two-year life and allows for five (5) 1 -year Time Extensions. The application for the extension must be filed prior to the expiration date. The Planning Commission has discretion on whether they want to extend the map, or they can defer the decision to the City Council. The Planning Commission may add or modify any conditions of approval, prior to granting the Time Extension, to ensure the project remains consistent with updated ordinances and policies. Staff is not recommending any modifications with this Time Extension. Map History: Original Approval Reconsideration Time Extension 1 CONCLUSION: Approval October 28, 2003 April 4, 2006 April 15, 2008 Expiration October 28, 2005 April 4, 2008 April 4, 2009 The City Council found the proposed Tract 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. PREPARED BY: Scott Kaiser, Planning Intern Callie Taylor, Associate Planner ATTACHMENTS: Attachment 1 — Location, General Plan, and Zoning Map Attachment 2 — TPM 2003-0040 Attachment 3 — Conditions of Approval/Mitigation Monitoring Program Attachment 4 — Draft Resolution 2008-0021 ATTACHMENT 1: Location, General Plan, and Zoning Map General Plan: Medium Density Residential Zoning District: Residential Multi -Family 10 units/acre Planned Development Overlay #7 Project Site o, ATTACHMENT 2: Vesting Tentative Parcel Map 2003-0040 ROsrcui "n ��88 tz �cc p bi 6z tqqt �tg pp W a gilt; 10 <CA O B � e8 Fae\ co ~ s N n W ` 41 gg < IL 14 6yy� G bN �` <q LL qg 6 § a asg p Yb' '' s H Z m m (A m if 3w. all r :.w Yi �5 A b � I cc .� — ti 4 PA Will LLI galIN< i� rA � � 3 I ,+R i � ...... _.. , _ wMM" cc L wo�a" wa szx vo m z� a .a orveoswz\aew+a�a u�sorv\�s!aaa\ra^,^s\sn�zo\zoaz\(o.a\.� ATTACHMENT 3: Conditions of Approval/Mitigation Monitoring Program Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 5516 Tunitas Avenue BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Parcel Ma g P Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TPM 2003-0040 TO: Temporary Occupancy FI: Final inspection WW: Wastewater CA: City Attorney F0: Final Occupancy AMWC: Water Comp. Planning Services 1. The approval of this Tentative Parcel Map shall become FM PS final and effective following approval of Zone Change 2003-0040 and CUP 2003-0094. 2. Approval of this Tentative Parcel Map shall be valid for two FM PS years 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 FM PS authority 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 Parcel Map shall be subject to additional fees for park FM PS or recreation purposes (QUIMBY Act) as required by City Ordinance. 5. The applicant shall record CC&R's for the subdivision FM PS subject to the review and approval of the City Engineer, City Attorney and Planning Services. The CC&R's shall identify the maintenance responsibilities of all private driveways, sewer facilities, drainage facilities, common parking areas, site lighting, landscape areas, fencing, and other common facilities. 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. 6. The granting of this entitlement shall apply to the property On going PS located at 5516 Tunitas Avenue (APN 029-081-003) regardless of owner. 7. The Final Map shall be drawn in substantial conformance FM PS with the 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. 8. The subdivider shall defend, indemnify, and hold harmless FM PS 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, Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 5516 Tunitas Avenue BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Parcel Map Improvement FM: Final PPlans CE: City EngineePD: Police r TPM 2003-0040 TO: Temporary Occupancy FI: Final inspection WW: Wastewater CA: City Attorney F0: Final Occupancy AMWC: Water Comp. concerning the subdivision. 9. Affordable Housing Requirement: The applicant shall FM PS, CE either set aside one housing unit at the moderate category rate for a period of 30 years, or pay an in -lieu fee based on 2:50 5% of the valuation of each of the market rate units. 10. The colony house lot shall include a deed restriction GP PS, CE preventing the site from being subdivided or from being altered, which degrades the historic significance of the property. 11. The applicant will be required to record CC&R's for the FM PS, CE map that will include maintenance and access of common areas. Building Services 12. A soils investigation prepared by a licensed FM PS, BS, CE Geotechnical Engineer is to be provided for the project. The report is to be provided at the time of building permit submittal along with the building plans for review by the Building Division. Recommendations contained in the report are to be incorporated into the project plans. Fire Marshal 13. Driveway to be paved with decorative pavers. Final FM PS, CE paver selection to compliment historic colony house, subject to staff approval. 14. Show location of existing and any proposed fire FM CE hydrants. 15. Provide a letter from the Atascadero Mutual Water FM CE Company stating the minimum expected water available to the site. Amount available must meet minimum requirement specified in the California Fire Code. 16. Note that approved address signage is to be provided. FM CE 17. Note on plans that fire lanes shall be delineated to FM CE restrict parking as required by the Fire Authority. City Engineer Standard Conditions 18. In the event that the applicant is allowed to bond for the BP BS public improvements required as a condition of this Map, the applicant shall enter into a Subdivision Improvement Agreement with the Planning Commission. 19. The Subdivision Improvement Agreement shall record BP PW concurrently with the Final Map. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 5516 Tunitas Avenue BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Parcel Map Improvement FM: Final PPlans CE: City EngineePD: Police r TPM 2003-0040 TO: Temporary Occupancy FI: Final inspection WW: Wastewater CA: City Attorney F0: Final Occupancy AMWC: Water Comp. 20. All public improvements shall be constructed in BP PW conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 21. The applicant shall enter into a Plan Check/Inspection BP BS agreement with the City. 22. The applicant shall be responsible for the relocation BP PW and/or alteration of existing utilities. 23. The applicant shall install all new utilities (water, gas, BP BS electric, cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 24. The applicant shall monument all property corners for BP PW construction control and shall promptly replace them if disturbed. 25. A preliminary subdivision guarantee shall be submitted BP PW for review in conjunction with the processing of the parcel map. 26. All existing and proposed utility, pipeline, open space, or BP PS/PW other easements are to be shown on the parcel map. If there are building or other restrictions related to the easements, they shall be noted on the parcel map. The applicant shall show all access restrictions on the parcel map. 27. Prior to recording the parcel map, the applicant shall BP PS/PW submit a map drawn in substantial conformance with the approved tentative map and in compliance with all conditions the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance forth herein shall submit set for review and approval. 28. Prior to recording the parcel map, the applicant's BP PW surveyor shall set monuments at all new property corners or shall indicate, by certificate on the final 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. 29. Prior to recording the parcel map, the applicant shall BP BS pay all outstanding plan check/inspection fees. 30. Prior to recording the parcel map, the applicant shall BP PW have the 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, which indicates their review of the map. The letter shall Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 5516 Tunitas Avenue BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Parcel Map Improvement FM: Final PPlans CE: City EngineePD: Police r TPM 2003-0040 TO: Temporary Occupancy FI: Final inspection WW: Wastewater CA: City Attorney F0: Final Occupancy AMWC: Water Comp. identify any new easements, which 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. 31. Upon recording the final map, the applicant shall provide BP PW the City with a black line clear Mylar (0.4 mil) copy and a blue line print of the recorded map. 32. Prior to the final inspection of any public improvements, BP PW the applicant shall submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans. City Engineer - Site Specific Conditions 33. The applicant shall construct new curb and gutter, in BP PS/PW accordance with City Standards, as shown on improvement plans, along entire frontage. 34. The applicant shall saw cut and remove existing asphalt BP PW concrete roadway as shown on plans and repave to new curb and gutter, in accordance with City Standards. 35. The applicant shall address storm water detention prior BP PW to grading and drainage approval. 36. The applicant shall pay sewer Extension (Annexation) BP PW and Connection fees upon issuance of building permit. 37. Each building shall be individually connected to the BP PW public sewer via a 4" gravity lateral to which each individual 2" force main will be connected. 38. Building plans shall be include detail of sewage sumps BP BS and pumps, control panel and alarm systems. Atascadero Mutual Water Company 39. Prior to the recordation of the Final Parcel Map, the BP BS applicant shall submit plans showing the water distribution facilities required to serve the project for review and approval by the Atascadero Mutual Water Company. All new water distribution facilities shall constructed in conformance with Atascadero Mutual Water Company Standards. 40. Prior to the recordation of the Final Map, the applicant BP BS shall obtain a " Will Serve " letter from the Atascadero Mutual Water Company. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 5516 Tunitas Avenue BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Parcel Map Improvement FM: Final PPlans CE: City EngineePD: Police r TPM 2003-0040 TO: Temporary Occupancy FI: Final inspection WW: Wastewater CA: City Attorney F0: Final Occupancy AMWC: Water Comp. 41. Prior to issuance of building permits, the applicant shall BP BS pay all installation and connection fees required by the Atascadero Mutual Water Company. 42. Show all fire suppression appurtenances required by the BP BS Atascadero Fire Department. 43. Prior to the recordation of the Final Parcel Map, the BP BS applicant shall submit plans showing the water distribution facilities required to serve the project for review and approval by the Atascadero Mutual Water Company. All new water distribution facilities shall be constructed in conformance with Atascadero Mutual Water Company Standards. 44. A 5 -foot drainage easement shall be recorded on the BP PW Final Map along the south property line of Parcel A and Parcel B and the east property line of Parcel B. 45. Existing drainage patterns from adjacent properties shall BP PW not be obstructed. 46. All drainage from improvements shall cross property BP PW lines within drainage easements. Mitigation Measures Mitigation Measure 1.c.1: If exterior lighting is proposed, it BP PS 1.c.1 shall be designed to eliminate any off site glare. All exterior site lights shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. Any luminaire pole height shall not exceed 16 -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 historic setting, subject to staff approval. Mitigation Measure 3.b.1: The project shall be conditioned to BP BS 3.b.1 comply with all applicable District regulations pertaining to the control of fugitive dust (PM -10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. 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 Conditions of Approval / Mitigation Monitoring Program 5516 Tunitas Avenue Vesting Tentative Parcel Map TPM 2003-0040 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement FM: Final PPlans TO: Temporary Occupancy FI: Final inspection F0: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department CE: City EngineePD: Police r WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure diesels particulate filters (CDPF) or other District approved emission reduction retrofit services (Required for projects grading more than 4.0 acres of continuously worked area). Section 6.4: Activity Management Techniques • Develop a comprehensive construction activity management plan designed to minimize the amount of large construction equipment operating during any given time period. • Schedule of construction truck trips during non -peak hours to reduce peak hour emissions. • Limit the length of the construction workday period, if necessary. • Phase construction activities, if appropriate. Section 6.5: Fugitive PM10 All of the following measures shall be included on grading, demolition and building plan notes: A. Reduce the amount of the disturbed area where possible. B. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non -potable) water should be used whenever possible. C. All dirt stockpile areas should be sprayed daily as needed. D. Permanent dust control measures identified in the approved project re -vegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities. E. Exposed ground areas that are plann4ed to be reworked at dates greater than one month after initial grading should be sown with a fast -germinating native grass seed and watered until vegetation is established. F. All disturbed soil areas not subject to re -vegetation should be stabilized using approved chemical soil binder, jute netting, or other methods approved in advance by the APCD. G. All roadways, driveways, sidewalks, etc, to be paved should be complete as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. H. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. I. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114. J. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment leaving the site. K. Sweep streets at the end of each day if visible soil material Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 5516 Tunitas Avenue BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Parcel Map Improvement FM: Final PPlans CE: City EngineePD: Police r TPM 2003-0040 TO: Temporary Occupancy FI: Final inspection WW: Wastewater CA: City Attorney F0: Final Occupancy AMWC: Water Comp. 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. Mitigation Measure 4.e.1: The building permit site plan shall GP BS 4.e.1 identify all protection and enhancement measures recommended by the Certified Arborist in the Tree Protection Plan. Tree protection fencing shall be installed at the locations called out in the Tree Protection Plan. Mitigation Measure 4.e.2: The developer shall contract with a GP BS 4.e.2 certified arborist 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 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. ■ 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. ■ Apply any additional recommendations of the project arborist. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 5516 Tunitas Avenue BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Parcel Map Improvement FM: Final PPlans CE: City EngineePD: Police r TPM 2003-0040 TO: Temporary Occupancy FI: Final inspection WW: Wastewater CA: City Attorney F0: Final Occupancy AMWC: Water Comp. (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. Mitigation Measure 4.e.3: Project manager should be GP BS 4.e.3 responsible for instructing workers about tree protection goals, implementing protection of root zones, and installing and maintaining protective fencing. Mitigation Measure 4.e.4: Protective fencing is required GP BS 4.e.4 between all construction activities and native trees. The fencing shall consist of five-foot tall orange plastic, with steel t - posts sunk into the ground, eight feet apart. The fencing shall be installed prior to any site disturbance or construction, and shall remain in place until all construction is complete. Mitigation Measure 4.e.5: No grading, trenching, materials GP BS 4.e.5 storage, soil storage, debris, or site disturbance shall occur within the protected area. No concrete, plaster, or paint washout shall be allowed within the tree protection zone. Mitigation Measure 4.e.6: Excavation for buildings A and B GP BS 4.e.6 shall employ techniques that minimize the amount of soil removed. Vertical cuts are preferred. Any back cuts greater than six feet from the north wall of building A and west wall of building B, shall be supported with shoring. Excavation for the west side of building B, the north side of building A, shall be done using special procedures for the upper three feet of soil, to avoid tearing of roots. Heavy equipment may be used to remove soil to within two feet of the anticipated edge of cut. Then roots will be uncovered by hand, and cut cleanly with a sharp hand saw at the lie of finish cut. This will avoid tearing of roots. The soil may then be removed, using heavy equipment. Below three feet depth, heavy equipment may be used for the entire excavation. Construction of sidewalk and steps from Rosario Avenue to buildings A and B shall minimize excavation to less than four inches of cut or fill below the walk. Mitigation Measure 4.e.7: If living roots two inches in diameter GP BS 4.e.7 or more are encountered during trenching or excavation, they shall be cleanly cut by the contractor, with a sharp handsaw, to remove the frayed end. Do no paint the cut ends of roots. Keep the roots moist by covering the excavation edge with plastic sheeting. Backfill the excavation as soon as possible. Mitigation Measure 4.e.8: Excavation for the west side of GP BS 4.e.8 garage D will be by hand in all areas within fifteen feet of the trunk of tree #1. Any large roots encountered will be preserved, and the foundation will span over the root. Cushioning for the root shall be blocks of Styrofoam, four Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 5516 Tunitas Avenue BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Parcel Map Improvement FM: Final PPlans CE: City EngineePD: Police r TPM 2003-0040 TO: Temporary Occupancy FI: Final inspection WW: Wastewater CA: City Attorney F0: Final Occupancy AMWC: Water Comp. inches thick, over the top and sides of the root. Mitigation Measure 4.e.9: Tree pruning should be done by a GP BS 4.e.9 qualified ISA certified arborist or ISA tree worker. A.N.S.I. A- 300 and Z-133 standards for tree care and the City Of Atascadero Tree Ordinance shall be used and followed at all times. Mitigation Measure 5.a.1: The proposed project shall GP PS, BS, CE 5.a.1 incorporate the Secretary of the Interior's Standards and Illustrated Guidelines for Rehabilitating Historic Buildings. The standards shall apply to the exterior rehabilitation of the Colony house, construction of the new detached garage for the colony house, design of the proposed three homes, and proposed landscape improvements to the overall project site, subject to staff review and approval. Mitigation Measure 5.a.2: Replacement of any exterior GP PS, BS, CE 5.a.2 materials or design features on the original colony homes shall be consistent with the Secretary of the Interior's Standards and Illustrated Guidelines for Rehabilitating Historic Buildings. This shall include the replacements of any doors and windows with solid wood framing of similar design and appearance. Vinyl, vinyl -cladding, and metal materials are not permitted. Mitigation Measure 5.a.3: The proposed project shall include GP PS, BS, CE 5.a.3 Covenants, Conditions and Restrictions (CC&R's) or equivalent mechanism that incorporate the planned development conditions of approval to ensure that the site retains the historic qualities (historic buildings, architecture, colors, materials, fencing, and landscaping) over time. Mitigation Measure 5.b.1: Should any cultural resources be GP PS, BS, CE 5.b.1 unearthed during site development work, the provisions of CEQA -Section 15064.5, will be followed to reduce impacts to a non-significant level. Mitigation Measure 6.b.1: The grading permit application plans GP, BP PS, BS, CE 6.b.1 shall include erosion control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 5516 Tunitas Avenue BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Parcel Map Improvement FM: Final PPlans CE: City EngineePD: Police r TPM 2003-0040 TO: Temporary Occupancy FI: Final inspection WW: Wastewater CA: City Attorney F0: Final Occupancy AMWC: Water Comp. Mitigation Measure 6.b.2: All cut and fill slopes shall be hydro GP, BP PS, BS, CE 6.b.2 seeded with an appropriate erosion control method (erosion control blanket, hydro -mulch, or straw mulch appropriately anchored) immediately after completion of earthwork between the months of October 15 through April 15. All disturbed slopes shall have appropriate erosion control methods in place. Duration of the project: The contractor will be responsible for the clean up of any mud or debris that is tracked onto public streets by construction vehicles. Mitigation Measure 6.c.d: A soils report shall be required to be GP, BP PS, BS, CE 6.c.d.1 submitted with a future building permit by the building department. The building plans will be required to follow the recommendations of the soils report to assure safety for residents and buildings. Mitigation Measure 6.d.1: All recommendations contained GP, BP PS, BS, CE 6.d.1 within the project geotechnical investigation by GSI dated 2/27/03 shall be incorporated into the building plans and adhered to during construction through project completion. Mitigation Measure 8e.f.1: A Storm Water Pollution Prevention BP PS, BS ,CE 8.0.1 Plan (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 BP PS, BS, CE 8.0.2 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. Conditions of Approval / Mitigation Monitoring Program 5516 Tunitas Avenue Vesting Tentative Parcel Map TPM 2003-0040 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement FM: Final PPlans TO: Temporary Occupancy FI: Final inspection F0: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department CE: City EngineePD: Police r WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure Mitigation Measure 11.d.1: All construction activities shall GP, BP PS, BS, CE 11.d.1 comply with the City of Atascadero Noise Ordinance for hours of operation. Construction activities shall be limited to the following hours of operation: • 7 a.m. to 7 p.m. Monday through Friday • 9 a.m. to 6 p.m. Saturday • No construction on Sunday Further, particularly loud noises shall not occur before 8 a.m. on weekdays and not at all on weekends. The Community Development Director upon a determination that unusually loud construction activities are having a significant impact on the neighbors may modify the hours of construction. Failure to comply with the above-described hours of operation may result in withholding of inspections and possible construction prohibitions, subject to the review and approval of the Community Development Director. A sign shall be posted on-site with the hours of operation and a telephone number of the person to be contacted in the event of any violations. Staff shall approve the details of such a sign during the Grading Plan/Building Permit review process. ATTACHMENT 4: Draft Resolution PC 2008-0027 DRAFT RESOLUTION NO. PC 2008-0021 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING A ONE-YEAR TIME EXTENSION OF TENTATIVE PARCEL MAP 2003-0040 5516 TUNITAS (Thinger / Maverick Construction, LLC) WHEREAS, as application has been received from Maverick Construction, LLC, 1305 Vine St. Paso Robles, CA 93446 (Owner) and Byron Thinger, 295 Reef Ct. Pismo Beach, CA 93449 (Applicant) for a Time Extension for a project consisting of a residential subdivision project consisting of a Conditional Use Permit (Master Plan of Development) with a corresponding and Vesting Tentative Parcel Map and Planned Development Overlay #7 on a 0.57 -acre site located at 5516 Tunitas Avenue (APN 029-081-003); and, WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing held on April 4, 2006, considered and approved Tentative Parcel Map 2003-0040, after first studying and considering the Proposed Mitigated Negative Declaration 2003-0034 prepared for the project; and, NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1: Findings for approval of the Time Extension: The Planning Commission of the City of Atascadero 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. 3. All original conditions of approval for Tract 2445 remain in full force and effect with this Time Extension. 4. All original mitigation measures of Mitigated Negative Declaration 2003-0034, certified on October 28, 2003 remain in full force and effect with this Time Extension. SECTION 2: Approval: The Planning Commission of the City of Atascadero does hereby approve a one-year time extension of TPM 2003-0040, to expire on April 4, 2009. 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 Roberta Fonzi Planning Commission Chairperson ATTEST: Warren M. Frace Planning Commission Secretary \\Cityhall\cdvlpmnt\- pre 06 PLNs (Old Planning Docs)\- TPM - Tentative Parcel Maps\TPM 03\TPM i Tunitas Ave\Time Extension\TPM 2003-0040.PC staff report.TEX.sk.doc ITEM NUMBER: 4 DATE: 4-1 5-n8 Atascadero Planning Commission Staff Report - Community Development Department Kelly Gleason, Senior Planner, 470-3436, kgleason@atascadero.org PLN 2008-1273 7045 & 7055 EI Camino Real Rite-Aid Master Plan of Development (Epsteen & Associates) RECOMMENDATION: Staff Recommends Planning Commission: Adopt Resolution PC 2008-0018, certifying Proposed Mitigated Negative Declaration 2008-0003 and approve a Master Plan of Development (Conditional Use Permit 2008- 0223) for a new 17,340 square -foot retail building with a drive-through pharmacy and remodel of an existing 21,500 square -foot retail building at 7055 EI Camino Real based on findings and subject to conditions of approval and mitigation monitoring. REPORT -IN -BRIEF: The proposed project consists of an application for a Conditional Use Permit (CUP) to establish a Master Plan of Development for the existing Rite-Aid site. The application includes the construction of a 17,340 square -foot Rite-Aid building with a drive-through pharmacy. The Master Plan of Development also includes conceptual elevations for the remodel of the existing 21, 500 square -foot building. The proposed development would retain access off of EI Camino Real and Highway 41. Conditional Use Permit approval is required based on the size of the proposed project (10,000+ sf) and the request for a drive-through component. DISCUSSION: Situation and Facts: 1. Owner & Applicant: Epsteen & Associates, 5034 Carpinteria Ave., Carpinteria, CA 93013 2. Project Address: 7045, 7055 EI Camino Real, Atascadero, CA 3. General Plan Designation 4. Zoning District: 5. Site Area: 6. Existing Use: 7. Environmental Status DISCUSSION: Proiect Definition ITEM NUMBER: 4 DATE: d_1 j;_nR General Commercial Commercial Retail 3.017 acres Existing Rite-Aid and parking lot area Proposed Mitigated Negative Declaration 2008-0003 The proposed project consists of a request to establish a Master Plan of Development for a new 17,340 square -foot Rite Aid. The proposal includes a two-lane drive-through pharmacy, fagade remodel of the existing 21,500 square -foot building, reconfiguration of the parking areas, and site landscaping. The project is located at the corner of EI Camino Real and Highway 41, designated as the main gateway intersection to the downtown. Background Surrounding Land -Use and Setting Project site I Vons/Rite-Aid center North: Residential Multi -Family South: 101 Freeway East: Vons Shopping Center West: Downtown (Colony Square) I;' ISI I� 'I Project site I Vons/Rite-Aid center North: Residential Multi -Family South: 101 Freeway East: Vons Shopping Center West: Downtown (Colony Square) ITEM NUMBER: 4 DATE: d-1 J; -AR On March 18, 2008 the proposed project was heard before the Planning Commission in a public meeting. The Planning Commission continued the item and requested additional information regarding the building architecture. Specifically, the Planning Commission requested the proposed new Rite-Aid building incorporate tiled roof elements consistent with the adjacent Lube -n -Go and Carl's Jr. projects and consistent with the proposed remodel of the existing building. In addition, the applicant presented a sign package at the March 18th meeting. The applicant has made modifications to the sign package to be consistent with the site and building design, as analyzed below. ANALYSIS: Architecture: The applicant has modified the architectural elements of the new Rite-Aid building adding tile gable roof elements along the EI Camino Real and Highway 41 frontage. In addition, the applicant has included a gabled roof feature along the loading side of the building. The front entry area has also been upgraded to include a tiled roof over the curved entry doors. According to the applicant, the architect and property owner presented Rite-Aid with multiple design concepts that incorporated the design elements recommended by the Planning Commission. This is the only option that Rite-Aid found acceptable for their proposed new building. ITEM NUMBER: 4 DATE: 4 -15 -OS Master Sign Program: The Sign Program requested by the applicant at the previous meeting was redesigned to be consistent with the proposed buildings. In addition, the presented signage plan removed signage on the rear of the building reducing the total signage area from the original proposal. Further, the changeable copy at the base of the monument signs was removed and a stone veneer base was incorporated into the design. The monument sign along the EI Camino Real frontage was relocated farther away from the corner increasing the distance between the project signage and the landscape gateway feature. The monument sign along Highway 41 was redesigned to allow for the rear anchor tenant to have frontage signage. Rite-Aid will not be included on this monument sign as proposed. -- - 1 I I . 1 RITE AID PHARMACY I° >a t I , it �1 I 1 I I / proposed Rile Aid t wr.ew � I I ------------------------------- ------------------------- MEMO • ftft � w° ITEM NUMBER: 4 DATE: 4-1 5-n8 The Atascadero Municipal Code allows for monument signs to be a maximum of 10 -feet in height with a maximum sign area of 60 square -feet not including the sign base. The proposed monument signs are 8 -feet in height and have a maximum sign area of 47.8 square -feet. In comparison, the City's gateway sign that will be located in front of the Lube -n -Go project is approved to be 12 -feet tall at the highest point and will be 50 -feet in length. The proposed monument sign for the Rite-Aid store will be located approximately 100 -feet from the City Gateway sign and 200 -feet from the ECR/Highway 41 intersection. The applicant is requesting a total of 243.79 square -feet of building and directional signage. The two "Rite-Aid" building signs and the accompanying Rite-Aid shield logo are proposed at 68.12 square -feet each. Rite-Aid is also requesting 41.3 square -feet of signage above the building entry which includes the "Pharmacy", 1 hr Photo", "Drive- through", and "Food Mart" text. The total building non -directional signage is proposed to be 177.54 square feet. For a single -use site, the Atascadero Municipal Code allows for a maximum of 125 square feet of building signage. The proposed signage exceeds this size area by 52.54 square feet. The applicant is requesting this increase as part of their proposed sign program approval. The remaining 66.25 square feet of signage is directional in nature. Two building signs are proposed which direct vehicles to the drive-through entrance. One sign is requested above the drive-through canopy accompanied by a "pick-up", "drop- off', and clearance dimension sign. The remaining three signs are stand alone directional and traffic control signs (sign #'s 15, 16, and 17). The Atascadero Municipal Code section related to safety and directional signs states the following: (12) Safety and Directional Signs. With an aggregate area not exceeding four (4) square feet. Such signs shall be pedestrian scale. The City has a compelling interest in ensuring traffic and pedestrian safety. To directly advance that interest, such safety and directional signs are allowed. Staff does recommend that the Planning Commission approve the directional signage as requested with a condition that the free standing directional signs be powder coated in a 4) 231<-rL 8 1 I i 2 W4' ITEM NUMBER: 4 DATE: 4_15_M color consistent with the building design (Condition 12). General Plan Consistency The proposed project is consistent with the following General Plan Land Use Element Policies: LOC Program 1.1.2: Concentrate higher density development downtown and within the Urban Core, and focus master planned commercial uses at distinct nodes along arterial corridors LOC 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. LOC Program 1.3.8: Beautify the City's primary entryways indicated in Figure 11-6 by creating Civic Gateways. The freeway and other vehicular approaches to Atascadero shall be made more attractive through judicious application of the elements including landscaping, civic monuments, and rural character site development. Land Use Policy 2.1: "Ensure that new development is compatible with existing and surrounding neighborhoods". LOC 2.3.1 Program: Incorporate urban design concepts from the Air Pollution Control District's Transit Oriented Design Guidelines into new projects within the Urban Core. LOC Program 3.1.6: Require new development to comply with provisions of the Appearance Review Manual specific to the EI Camino Real corridor, including the incorporation of landscaping and pedestrian walkways, and providing reciprocal driveway access easements between sites, where feasible. LOC Program 6.1.3: Require native trees and plant species to be incorporated into landscaping plans. LOC 10.1.5: Support actions which conserve energy and encourage energy conservation. Consumption of non-renewable resources should be minimized. Renewable resources should be recycled or replenished. LOC 10.3.1: Require dust control and emissions limitations during project construction. LOC 10.3.3: Concentrate new intensive development at identified nodes to help reduce vehicle trips. ITEM NUMBER: 4 DATE: 4-1 5-n8 LOC Policy 14.1: Encourage existing uses to continue providing needed products and services. CIR 1.5.1: Require all development to provide sufficient and convenient parking areas with minimal conflict with street traffic. CIR 1.5.3: Require off-street parking areas to include landscaping, screening, lighting and shade trees to mitigate adverse visual impacts and provide comfort for users. CIR 2.2.2: Require adequate and safe bicycle access and bicycle parking in conjunction with new development. Implementing General Plan programs requires site design review, use analysis, and appearance review of architectural design, materials and color, and landscaping to improve the appearance along EI Camino Real, and incorporate architectural themes into the site and building design. In order to approve the Conditional Use Permit, the Planning Commission must find that the project is consistent with the General Pan. Fiscal Impact The construction of a new Rite-Aid will allow the existing building to be remodeled and provide for new commercial opportunities adjacent to Atascadero's downtown core. Potential revenue would be dependent on the uses that occupied the building. Findings Conditional Use Permit A Conditional Use Permit to establish a master plan of development is required for all projects in excess of 10,000 square feet and all projects that include drive-through facilities must be reviewed and approved by the Planning Commission based on the potential negative impacts of the use. 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 appropriateness of use, architectural design, site design, landscape, signage, and specific standards of the Zoning Ordinance. The Planning Commission must make the following five findings to approve a Conditional Use Permit: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual. Staff Comment: The use is consistent with the General Commercial designation of the General Plan and General Plan Policies and Programs listed above. ITEM NUMBER: 4 DATE: 4_15_M 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance). Staff Comment: As conditioned, the project satisfies all conditional use permit and commercial zoning code requirements. 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 commercial development will not be detrimental to the general public or working persons health, safety, or welfare. 4. That 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 with upgraded fagade elements and compatible landscaping. The project site is designated as a gateway location to the Downtown Atascadero and thus, the Planning Commission must find that the proposed use and/or site and building design features are consistent with this goal. 5. That 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, as conditioned, is consistent with the traffic projections and road improvements anticipated within the General Plan. Proposed Environmental Determination A draft Mitigated Negative Declaration was circulated to public agencies and interested members of the public on February 15, 2008. The Environmental Analysis identified concerns regarding potential impacts to aesthetics, noise, air quality, and traffic. Mitigation measures pertaining to these resources are included and recommended mitigation measures from the APCD have been discussed in the preceding sections. In order for the Planning Commission to certify the document, a finding must be made that the project will not have a significant negative impact on any listed category with the implementation of required mitigation measures. ITEM NUMBER: 4 DATE: 4-1 5-n8 Staff is recommending that the Commission certify Proposed Mitigated Negative Declaration 2008-0003 with additional mitigation measures to reduce air quality impacts as necessary. Conclusion The proposed project represents an infill commercial project within the Commercial Retail Zone. The Master Plan of Development covers all site development, landscaping and architectural design standards for the project. The proposed project is consistent with the Atascadero Municipal Code requirements for commercial development, as analyzed within this Staff Report. The project site is designated as a gateway location to Downtown Atascadero, and while no written standards have been adopted to define this goal, the Planning Commission must find that the proposed project including its treatment at the corner and along the EI Camino Real frontage is consistent with this designation in terms of design and use. ALTERNATIVES 1. The Commission may recommend modifications to the project and/or conditions of approval/mitigation measures for the project. 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 deny the project. The parcel would retain its designation of Commercial Retail. The Commission should specify the reasons for denial of the project and make an associated finding with such action. PREPARED BY: Kelly Gleason, Senior Planner ATTACHMENTS: Attachment 1: Location Map, General Plan, and Zoning Attachment 2: Draft Resolution 2008-0018 ITEM NUMBER DATE: 4-15-08 Attachment 1: Location Map, General Plan and Zoning Zoning District: Commercial Retail General Plan Designation: General Commercial ITEM NUMBER: 4 DATE: 4-15-n8 Attachment 2: Draft Resolution PC 2008-0018 DRAFT RESOLUTION PC 2008-0018 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, CERTIFYING PROPOSED MITIGATED NEGATIVE DECLARATION 2008-0003 AND APPROVING PLN 2008-1273 ON APN 030-081-041 (7055 El Camino Real / Rite-Aid) WHEREAS, an application has been received from Epsteen & Associates, (5034 Carpinteria Ave, Carpinteria, CA 93013), Owner and Applicant, to consider a project consisting of a Conditional Use Permit (CUP 2008-0223) for a 17,340 square -foot retail building with a drive-through pharmacy and the remodel of a 21,500 square -foot retail building at 7055 El Camino Real (APN 030-081-041); and, and, WHEREAS, the site's current General Plan Designation is General Commercial (GC); WHEREAS, the site's current zoning district is Commercial Retail (CR); and, WHEREAS, Commercial projects in excess of 10,000 square -feet and all projects that include drive-through facilities require the approval of a Conditional Use Permit; and, WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2008-0003 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Conditional Use Permit 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 March 18, 2008, studied and considered the Conditional Use Permit 2008-0223, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and, ITEM NUMBER: 4 DATE: 4_15_M NOW, THEREFORE, the Planning Commission of the City of Atascadero, California, takes the following actions: SECTION 1. Findings for Certification of the Proposed Mitigated Negative Declaration. The Planning Commission finds as follows: 1. The project does not have the potential to degrade the environment when mitigation measures are incorporated into the project's mitigation monitoring program as conditions of approval; and, 2. The project will not achieve short-term to the disadvantage of long term environmental goals; and, 3. The project does not have impacts which are individually limited, but cumulatively considerable; and, 4. The project will not cause substantial adverse effects on human beings either directly or indirectly. 5. Added Air Quality mitigation measures are equivalent to or better than those included in the circulated draft MND and will not create any additional impacts. SECTION 2. Findings for approval of Conditional Use Permit. The Planning Commission finds as follows: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual; and, 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance); and, 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5. That 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. ITEM NUMBER: 4 DATE: 4-15-M SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on April 15, 2008, resolved to approve the Conditional Use Permit 2008-0223 subject to the following: EXHIBIT A: Proposed Mitigated Negative Declaration EXHIBIT B: Conditions of Approval EXHIBIT C: Site Plan / Master Plan of Development EXHIBIT D: Landscape Plan EXHIBIT E: Floor Plan EXHIBIT F: Elevations EXHIBIT G: Color and Materials Board EXHIBIT H: Master Sign Program 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 Roberta Fonzi Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary ITEM NUMBER: DATE: 4-15-08 Exhibit A Proposed Mitigated Negative Declaration 2008-0003 See Following ITEM NUMBER: DATE: 4-15-08 EXHIBIT B: Conditions of Approval / Mitigation Monitoring Program Conditional Use Permit 2008-0223 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 7055 El Camino Real GP: Grading Permit FD: Fire Department Conditional Use Permit BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer PLN 2008-1273/CUP 2008-0223 TO: Temporary occupancy WW: Wastewater CA: City Attorney FO: Final Occupancy Planning Services 1. This Conditional Use Permit shall be for a 17,340 sf retail building Ongoing PS with a drive-through pharmacy and the remodel of a 21,500 sf retail building including associated site improvements as described on the attached exhibits and located on parcel 030-081-041 regardless of owner. 2. The approval of this use permit shall become final and effective for Ongoing PS the purposes of issuing building permits 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. 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. 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 twenty-four BP/FM PS (24) months after its effective date. At the end of the period, the approval shall expire and become null and void unless the project has received a building permit. 5. The applicant shall defend, indemnify, and hold harmless the City of Ongoing 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. 7. All exterior elevations, finish materials, and colors shall be consistent BP PS with the Master Plan of Development as shown in EXHIBIT F and G with the following modifications: ■ All exterior material finishes shall be durable, high quality, and ITEM NUMBER: DATE: 4-15-08 Conditions of Approval / Mitigation Monitoring Program 7055 El Camino Real Conditional Use Permit PLN 2008-1273/CUP 2008-0223 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 consistent with the architectural appearance; ■ The trash enclosure shall include stone veneer consistent with the building material palette; ■ Any exterior light fixtures shall be compatible with building design and shall minimize glare, subject to staff approval; ■ The stone veneer base shall be a minimum of 3.5 -feet high and shall include a decorative cap; ■ All windows shall be non -tinted, clear glazing; ■ Final color selection shall include compatible earth toned colors, subject to staff approval. Colors shall be consistent with the approved adjacent buildings; ■ The remodel to the existing building shall include fagade features as proposed and all pop -outs shall be a minimum of 12" in depth. 8. All site work, grading, and site improvements shall be consistent with BP/FM PS, BS, CE the Master Plan of Development as shown in EXHIBIT C and D, and shall include the following: ■ Bike racks shall be provided adjacent to the new building and located adjacent to the existing as feasible; ■ The retaining wall along the sidewalk shall be clad in stone veneer to match the building base; ■ All pedestrian crossings within the parking lot shall be constructed of stamped, colored concrete consistent with the landscape plan; ■ Stamped and colored concrete shall be provided at the project vehicular entrances, extending to the terminus of the pork chop in the EI Camino Real driveway and a minimum of 35 -feet from the back of sidewalk at the Highway 41 driveway; ■ All parking spaces shall be shortened to the minimum length prescribed for parking spaces by the Atascadero Municipal Code for non -wheel stop spaces; ■ Parking spaces adjacent to the Highway 41 facing elevation for the existing building shall be compact spaces and designed to allow for the fagade enhancements as proposed; ITEM NUMBER: DATE: 4-15-08 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 7055 El Camino Real GP: Grading Permit FD: Fire Department Conditional Use Permit BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer PLN 2008-1273/CUP 2008-0223 TO: Temporary occupancy WW: Wastewater CA: City Attorney F0: Final Occupancy 9. 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 EXHIBIT D, 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; ■ Landscaping shall be included adjacent to the building at the drive- through exit; ■ Street and landscape trees shall be minimum 15 -gallon size and double staked; ■ All street trees shall be London plane trees a maximum of 30 -feet on center; ■ All landscaping shall be drought tolerant or shall consist of ornamental grasses for screening including along the drive-through side of the building and around the proposed trash enclosure. Grasses shall also be included along the drive-through side retaining wall planter; ■ Boxwoods and crape myrtles shall be eliminated from the landscape plan and the Honey Locust shall be listed as a medium shade tree; ■ Landscape shall be provided along the site border with the approved Carl's Jr. drive-through and shall include plant materials compatible with the approved plans; 10. The developer and/or subsequent owner shall assume responsibility GP PS for the continued maintenance of all landscape and common areas, BP consistent with EXHIBIT D. 11. The applicant will construct a gateway landscape feature at the BP PS intersection of Highway 41 and EI Camino Real to include a minimum 12 -foot tall, 8" dbh specimen tree, decorative stone veneer retaining walls and lighting per the review and approval of staff and Caltrans. 12. Signage shall be permitted as proposed in EXHIBIT F with the Ongoing PS following modifications: ■ Signage for major tenants in the existing building (10,000 sf or greater) shall be a maximum of 65 sf. Signage for minor tenants (less than 10,000 sf) shall be a maximum of 25 sf. The corner tenant will be considered a major tenant regardless of size and ITEM NUMBER: DATE: 4-15-08 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 7055 El Camino Real GP: Grading Permit FD: Fire Department Conditional Use Permit BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer PLN 2008-1273/CUP 2008-0223 TO: Temporary occupancy WW: Wastewater CA: City Attorney F0: Final Occupancy shall be allowed signage on both elevations. ■ Directional signs shall be powder coated in a color which is consistent with the proposed building. 13. All utilities shall be undergrounded to the project (new and BP PS/CE remodeled building) to the greatest extent feasible. 14. The project shall provide documentation of reciprocal access agreements with the other parcels in the center, per the approval of the City Engineer. Public Works Conditions 15. Applicant shall coordinate public improvements at the southeast GP, BP CE corner of the intersection of Highway 41 and EI Camino Real with the City and Caltrans. Applicant shall provide construction and public access easements as required for the installation of the landscape features and retaining wall as described on the conceptual plans and as described in the staff report 16. All pedestrian walkways shall be designed and constructed in GP, BP CE conformance with the California Building Code, latest edition, for accessibility. 17. Roman pavers consistent with the adopted Downtown Streetscape GP, BP CE, PS standards shall be included in the EI Camino Real driveway pork chop. Public works Standard Conditions 18. A six (6) foot Public Utility Easement (PUE) shall be provided GP, BP CE contiguous to the property frontage. 19. Slope easements shall be obtained by the applicant as needed to GP, BP CE accommodate cut or fill slopes. 20. Drainage easements shall be obtained by the applicant as needed to GP, BP CE accommodate both public and private drainage facilities. 21. Prior to the issuance of building permits the applicant shall submit GP, BP CE 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. ITEM NUMBER: DATE: 4-15-08 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 7055 El Camino Real GP: Grading Permit FD: Fire Department Conditional Use Permit BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer PLN 2008-1273/CUP 2008-0223 TO: Temporary occupancy WW: Wastewater CA: City Attorney F0: Final Occupancy 22. Prior to the issuance of building permits the applicant shall submit GP, BP CE calculations to support the design of any structures or pipes. Closed conduits shall be designed to convey the 10 -year flow with gravity flow, the 25 -year flow with head, and provide safe conveyance for the 100 -year overflow. 23. Bio-swales or other Low Impact Development (LID) features shall be GP, BP CE incorporated into the project and shall be designed to desilt, detain and meter storm flows as well as release them to natural runoff locations. 24. Prior to the issuance of building permits the applicant shall show the GP, BP CE method of dispersal at all pipe outlets. Include specifications for size & type. 25. Prior to the issuance of building permits the applicant shall show GP, BP CE method of conduct to approved off-site drainage facilities. 26. Concentrated drainage from off-site areas shall be conveyed across GP, BP CE 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. 27. Applicant shall submit a copy of a Storm Water Pollution Prevention GP, BP CE Plan (SWPPP), as submitted to the Regional Water Quality Control Board, if greater than 1.0 acres are disturbed by the project. 28. All public improvements shall be constructed in conformance with GP, BP CE the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer 29. Alignment of frontage improvements shall be approved by the City GP, BP CE Engineer. 30. All new utilities shall be undergrounded on project frontage GP, BP CE 31. Applicant shall pay sewer extension (Annexation), Connection and BP CE Reimbursement fees (if applicable) upon issuance of building permit. 32. Drainage piping serving fixtures which have flood level rims located BP CE 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 ITEM NUMBER: DATE: 4-15-08 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 7055 El Camino Real GP: Grading Permit FD: Fire Department Conditional Use Permit BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer PLN 2008-1273/CUP 2008-0223 TO: Temporary occupancy WW: Wastewater CA: City Attorney F0: Final Occupancy backwater valve. Mitigation Measures Mitigation Measure 1.c.1: A decorative landscape feature will be provided at BP BS, PS, CE 1.C.1 the corner of EI Camino Real and Highway 41. The feature shall include a specimen tree with decorative lighting, subject to staff approval and Caltrans encroachment permit requirements. All retaining walls shall be constructed of decorative material. Landscape materials shall include a variety of shrubs and groundcovers. Mitigation Measure 1.d.1: All exterior lighting, including parking lot lighting, BP BS, PS 1.d.1 shall be designed to eliminate any off-site glare. All exterior site lights shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. 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 within the site. Fixtures shall be shield cut-off type with design compatible with the planned downtown gateway designation, subject to staff approval. Mitigation Measure 3.15.1: Asbestos has been identified by the state Air BP BS, PS, CE 3.b.1 Resources Board as a toxic air contaminant. Serpentine and ultramafic rocks are very common in the state and may contain naturally occurring asbestos. Under the State Air Resources Board Air Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface Mining Operations, prior to any grading activities at the site, the project proponent shall ensure that a geologic evaluation is conducted to determine if naturally occurring asbestos is present within the area that will be disturbed. If Naturally Occurring Asbestos (NOA) is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM for Construction, Grading, Quarrying, and Surface Mining Operations. . If NOA is not present, an exemption request must be filed with the District. If NOA is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM. This may include development of an Asbestos Dust Mitigation Plan and an Asbestos Health and Safety Program for approval by the APCD. Should Naturally Occurring Asbestos be identified within the area of construction, and the worked area will be less than or equal to one acre, then the dust control measures identified below are required. If the disturbed area is greater than one acre, additional requirements may include but are not limited to 1) an Asbestos Dust Mitigation Plan which must be approved by the District before construction begins, and 2) an Asbestos Health and Safety Program will also be required for some projects. The project shall be conditioned to comply with all applicable District regulations pertaining to the control of fugitive dust (PM -10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. Section 6.3: Construction Equipment ITEM NUMBER: DATE: 4-15-08 Conditions of Approval / Mitigation Monitoring Program 7055 El Camino Real Conditional Use Permit PLN 2008-1273/CUP 2008-0223 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 ■ Maintain all construction equipment in proper tune according to manufacturer's specifications. ■ Fuel all off-road and portable diesel powered equipment, including but not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power units, with ARB certified motor vehicle diesel fuel (Non -taxed version suitable for use off-road). ■ Maximize to the extent feasible, the use of diesel construction equipment meeting the ARB's 1996 or newer certification standard for off-road heavy-duty diesel engines. ■ Install diesel oxidation catalysts (DOC), catalyzed diesels particulate filters (CDPF) or other District approved emission reduction retrofit services (Required for projects grading more than 4.0 acres of continuously worked area). Section 6.4: Activity Management Techniques ■ Develop a comprehensive construction activity management plan designed to minimize the amount of large construction equipment operating during any given time period. ■ Schedule of construction truck trips during non -peak hours to reduce peak hour emissions. ■ Limit the length of the construction workday period, if necessary. ■ Phase construction activities, if appropriate. Section 6.5: Fugitive PM10 All of the following measures shall be included on grading, demolition and building plan notes: A. Reduce the amount of the disturbed area where possible. B. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency 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 ITEM NUMBER: DATE: 4-15-08 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 7055 El Camino Real GP: Grading Permit FD: Fire Department Conditional Use Permit BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer PLN 2008-1273/CUP 2008-0223 TO: Temporary occupancy WW: Wastewater CA: City Attorney F0: Final Occupancy 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. 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. Mitigation Measure 3.b.2: Bike racks shall be provided at the entrance to the BP PS 3.b.2 new building and shall be provided where feasible adjacent to the remodeled building. Mitigation Measure 3.b.3: All street trees along EI Camino Real and Highway BP PS 3.b.3 41 shall be spaced at a maximum of 30 -feet on center Mitigation Measure 3.b.4: The project shall exceed Title 24 energy BP PS 3.b.4 requirements by a minimum of 20% to implemented by a minimum f the following: • Shade tree planting shall be increased by a minimum of 20% throughout the project area. • Chinese Pistache trees proposed for the south of the building shall be replaced with London Plane trees • Use roof material with a solar reflectance value meeting the EPA/DOE Energy Star rating. • Use double paned windows • Use low-energy parking lot lights • Use energy efficient interior lighting Mitigation Measure 3.b.5: The project shall include signage at the delivery BP PS 3.b.5 dock to remind drivers to shut off their engines. Mitigation Measure 3.b.6: The applicant shall post "no -idling" restriction BP PS 3.b.6 signage along the drive-through area Mitigation Measure 6.b.1: The grading permit application plans shall include BP, GP BS, PS, CE 6.b.1 erosion control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. ITEM NUMBER: DATE: 4-15-08 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services BL: Business License BS: Building Services 7055 El Camino Real GP: Grading Permit FD: Fire Department Conditional Use Permit BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer PLN 2008-1273/CUP 2008-0223 TO: Temporary occupancy WW: Wastewater CA: City Attorney F0: Final Occupancy Mitigation Measure 6.c.1: A soils report shall be required to be submitted GP PS, BS, CE 6.c.1 with a future building permit by the building department. Mitigation Measure 8.e.f.1: The developer is responsible for ensuring that all GP PS, BS, CE 8.0.1 contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop orders. Mitigation Measure 8.e.f.2: All modified parking lot inlets shall be fitted with GP PS, BS, CE 8.0.2 filtration mechanisms per the approval of the City Engineer and per the requirements of the RWQCB. Mitigation Measure 15.d.1: All traffic control design features required by the BP PS, CE 15.d.1 project traffic engineer and the City Engineer will be implemented during the building permit process. Ingress and egress will be limited to right -in, right -out movements only at the EI Camino Real driveway. Mitigation Measure 15.d.2: The driveway off of Highway 41 will be narrowed to BP PS, CE 15.d.2 avoid conflicts with proposed site improvements, per the approval of the City Engineer. Mitigation Measure 15.d.3: The drive-through pharmacy exit shall be limited BP PS, CE 15.d.3 to a right -out movement only. The drive -aisle at this egress location shall be narrowed to 20 -feet to further limit the ability if vehicles to turn right out of the drive-through exit. ITEM NUMBER: 4 DATE: 4-15-08 EXHIBIT Cl: Master Plan of Development/Site Plan U Se � hk e ri PHI ;iOh";tjjl iiji! Bl,a"•Ui,l rr f '!a ,f U Se � hk e ri PHI ;iOh";tjjl iiji! Bl,a"•Ui,l ITEM NUMBER: 4 DATE: d_1 j;_nq EXHIBIT C2: Master Plan of Development/Site Plan ITEM NUMBER: 4 DATE: A-1 J; -AR EXHIBIT D: Landscape Plan J-� -u KI 711. 4 'A EXHIBIT E: Floor Plan FI I ITEM NUMBER: 4 DATE: AA nq 11' 4.5 ITEM NUMBER: 4 DATE: 4-15-M EXHIBIT F1: Elevations - Rite-Aid m m H x W H x o� N 0. 0 Y 2 c a R� d f O n F Cil 1 1flitft X11 ��� tlll�l�lltlll���II ITEM NUMBER: 4 DATE: 4_15_M EXHIBIT F2: Elevations - Rite Aid �O m � x W y tti N y, 0 IM{gb�Orl�m �17'�1�11M� � � - G T- - 0` J 4 O i H .j J W ITEM NUMBER: 4 DATE: d_1 J; -AR EXHIBIT F3: Elevations - Remodel of existing building tel/ W 0 z c : ::)Nt ao1 z F- P< X,.7� ww n . t � :•3 JIM - I pill / tel/ W 0 z c : ::)Nt ao1 z F- P< X,.7� ww n . ITEM NUMBER DATE: 4-15-08 EXHIBIT G: Color and Materials Board See project file for specific proposed color selections m m m r = xa N py C c 0 .; � �' ❑ pQOf71A�OCACp� I�Mq�O��M �177r1�II�MI v � O � Ln . Z 7 D o I. a �fMEE � O 1 fn a O O a; 71!l�flEl�I!l�I�N See project file for specific proposed color selections ITEM NUMBER: 4 DATE: 4-15-08 EXHIBIT H: Master Sign Program 445 South Gay $Ire®t Int. Knoxville, TN 37902 1-804-444-7446 e. « F.1 -1w 445 South Gay Street lin pPWL Knoxville, TN 37902 1 -800-444-7446 Wpt W—O.. + � { LN- J .�a-�..w+rt4wvwn�.r :XHIBIT H: Master Sign Program Non Illuminated Directional Sign 36 - L� D—J fi: 8. ITEM NUMBER: 4 DATE: 4-15-08 Traffic Control Drive Thru 2 314' Pharmacy 81/2' 18' BACK 2314 Square Footage .. ,. 4SQ F', SFTnOfic Controt Sign Mo H«y 135Au . Gp PGuardBw P�90 0 a ummurn. paint CA)GWd 6 w TM TAA Ca m s 2670"are bWN CO o 11 P.670(kont 4nd bedg Srmi guar t�nmh Semi g u M*n Copy CWY SSCOWh IN Rai acme WNto Wy 480.10 tWIA Swtch 4e Fief ad" Whft vkly 3M 480.10 {+,ly) Posd 2 117 Sge.ae aum lues. Parrt{i PGi S w TM Cann .12678. Seml goes M+hh. Rod PAO eo "ny W 48OW Droot embed 7 1ntu a:qumd SOw rdwmp WN&ft Rao actre Aly davaj 3M 480 10 {� only I 445 South Gray Street 1^ Knpxvllle. TN 37902 1.800-444-7446 '^'•,'a" — �'_1�16i1 Planning Commission Staff Report ITEM NUMBER: 5 DATE: 4-15-08 Staff Report - Community Development Department Callie Taylor, Associate Planner, 470-3448, ctaylor@atascadero.org TTM 2005-0071 Amendment Conditional Use Permit 2004-0127 Amendment 6901, 6905 EI Camino Real, 6999 Santa Ysabel Ave. Colony Square Mixed -Use APN 029-361-018, 020, 022 (Colony Square, LLC) RECOMMENDATIONS: Staff Recommends Planning Commission: 1. Adopt Resolution PC 2008-0022 approving an Amendment to Vesting Tentative Tract Map 2005-0071 (Colony Square) based on findings and subject to Conditions of Approval and Mitigation Monitoring. 2. Adopt Resolution PC 2008-0023 approving an Amendment to Conditional Use Permit 2004-0127 (Master Plan of Development Condition Amendment) based on findings and subject to Conditions of Approval and Mitigation Monitoring. REPORT -IN -BRIEF: The proposed project consists of an Amendment to Vesting Tentative Tract Map 2005- 0071 and Conditional Use Permit 2004-0127 for Colony Square. The proposed Amendment is being requested in order to reconfigure the lots and create separate parcels over the roads in the Colony Square project. Changes to the Conditions, primarily the timing of the conditions and the CC&R's, are proposed to be modified in both the Conditional Use Permit and the Tentative Tract Map. The proposed map and project condition amendments are in conformance with the Master Plan of Development which was previously approved for the Colony Square development; no changes to the approved site or building site are proposed. ITEM NUMBER: 5 DATE: 4-15-08 DISCUSSION: Situation and Facts: 1. Owner: Colony Square, LLC, 205 E. Camarillo, Suite 220 Santa Barbara, CA 93101 2. Project Address: 6901, 6905 EI Camino Real, 6999 Santa Ysabel Avenue (APN 029-361-018, 020, 022) San Luis Obispo County 3. General Plan Designation: DC (Downtown Commercial) 4. Zoning District: D (Downtown) 5. Site Area: 8.14 acres 6. Existing Use: City Hall & Vacant parcels (Previously Commercial) 7. Environmental Status: Consistent with Certified Mitigated Negative Declaration 2005-0020 Background On August 16, 2005, the Planning Commission approved the Master Plan of Development for the Colony Square project (CUP 2004-0127) allowing a mixed-use development on a 5.9 -acre site. A Vesting Tentative Tract Map (TTM 2005-0071) was approved on October 4, 2005, to divide the subject site into nine new parcels, with two parcels consisting of 67 residential airspace condominium units. The City Hall Annex building is also a part of the Tentative Tract Map. A one year Time Extension for the Map was approved on June 19, 2007. The project site is within the Downtown Land Use Designation and is zoned Downtown Commercial, which allows mixed-use projects with approval of a Conditional Use Permit. Eight new buildings are included in the Master Plan of Development in addition to the City Hall Annex building. Most buildings are three stories in height with restaurants and commercial uses on the ground level. Offices and live -work housing units are located on the upper two floors. The project includes the following components: ■ 75,230 square feet of retail/restaurant space ■ 35,000 square -foot 10 -screen movie theater ■ 17,100 square feet of office space ■ 67 residential units (72,360 square feet of housing) ■ 19,450 square feet of residential courtyards and private decks. ITEM NUMBER: DATE: 4-15-08 Master Plan of Development Previously approved with CUP 2004-0127 (Provided for background and informational purposes only) ANALYSIS: ITEM NUMBER: 5 DATE: 4-15-08 Surrounding Land Use and Setting: North: Downtown Commercial, Open Space South: General Commercial East: Downtown Office West: Downtown Commercial During the review of the Final Map for the Colony Square project, the project applicant requested some changes to the lot layout and the timing of some project conditions. Due to the fact that the Final Map must be in conformance with the configuration of the approved Tentative Tract Map, an Amendment must be approved by Planning Commission in order to process the Final Map as proposed. The originally approved Tentative Tract Map consists of nine separate lots. The roads and parking areas are contained on the individual lots, with the lot lines placed in the center of the road on most lots. An Amendment is being proposed in order to separate out the roads and parking areas from the lots which contain the buildings. According to the applicant, separating the roads from the lots which contain buildings will aid financing the project. The proposed Map Amendment also includes a total of nine lots. However, the lot lines have been reconfigured to separate out the roads and parking areas. Lots 2, 5, and 8 include only the roads and parking areas. Other lots within the project have been combined. Colony Square, LLC will retain ownership of the roads and parking areas. Maintenance of the roads shall be divided among all lots shown on the map, as specified in the Road Maintenance Agreement which will be reviewed during final map check. The proposed Map Amendment is in conformance with the Conditional Use Permit (Master Plan of Development) which was previously approved for the Colony Square development. No changes to the buildings or site design are proposed. The lot lines are proposed to be reconfigured for ownership and financing purposes only. ITEM NUMBER: S DATE: 4~16'08 Original Map (TTM 2005-0071)Approved October 4'3005 --------- WOW Proposed Map with Amended Lot lines � PROPOSED DEVELOPMENT VESTING TENTATIVE TRACT 2733 '~ ------ -------- ' -------- PROPOSED DEVELOPMENT VESTING TENTATIVE TRACT 2733 ���� ITEM NUMBER: 5 DATE: 4-15-08 Proposed Condition Changes: The applicant has requested modifications to the timing of the original conditions attached to the map. The primary change is in relation to the CC&R's for the project. CC&R's were originally conditioned to be recorded with the Final Map. Staff has rewritten this condition to require only the Commercial, or "Master" CC&R's with the Final Map. Residential CC&R's will be done when the applicant applies for building permits for the residential units. The applicant may request deferring the CC&R's to a later date by submitting a request in writing to the Community Development Director. The request will be subject to a separate legal agreement regarding the recordation timing of the Master CC&R's. In no cases shall any parcels be sold or transferred, or any structures finaled prior to recordation of the Master CC&R's. The conditions regarding the requirements and responsibility for off-site improvements on EI Camino Real and the creek are also proposed for amendment. These conditions are being amended to provide consistency with the Redevelopment Agency's planned streetscape project. Additional minor modifications have been made to other the project conditions for consistency and clarification. The complete list of updated conditions is identified as Exhibit B in the attached TTM resolution and Exhibit A in the CUP resolution. An Amendment to the Conditional Use Permit is also being proposed as part of this project in order to make the conditions of the CUP consistent with the Amended TTM conditions. The CC&R Condition and the Public Works Conditions have been updated to match those proposed with the Tentative Tract Map Amendment. The CUP Amendment is in regards to the conditions only; no changes to the Master Plan of Development exhibits are proposed. Previous CC&R Condition (to be deleted): .17r.T= IMM" ­ - M ITEM NUMBER: 5 DATE: 4-15-08 Proposed Amended CC&R Condition (to be added): Prior to Final Map, the applicant shall submit Master CC&R's for maintenance of the commercial Commercial/ lots for review and approval by the Community Development Department. The Master CC&R's Master CC&R's shall record with the Final Map. The applicant may request deferring the Master CC&R's. Such a request shall be made in writing to the Community Development Director and will be subject to a separate legal agreement regarding the recordation timing of the Master CC&R's and FM restriction on the property prior to recordation of the Master CC&R's. In no cases shall any parcels be sold or transferred, or any structures finaled prior to recordation of the Master CC&R's. The Master CC&R's shall include, but are not limited to the following: a) Provisions for maintenance of all common areas including landscaping, exterior lighting, hardscape, plazas, street furniture, and parking facilities; b) Provisions and procedures for dedicated and shared parking spaces for each building. Dedicated parking/easements shall be identified for the two adjacent lots (Parcel 2 and parcel at the corner of EI Camino Real and HWY 41, currently Cowgirl Cafe and Citi Bank); c) Maintenance and use provisions for all dedicated trash storage and recycling for each commercial tenant; d) Review and approval process for signage and awnings consistent with Master Plan of Development; e) Maintenance of roads and common utilities; f) A detailed list of owner's responsibilities for maintenance of the individual buildings; g) Provisions to ensure compliance with the Master Plan of Development, including architectural standards; and h) Provisions to establish a Master Association to enforce CC&R's. 10 A provision for review and approval by the City Community Development Department for Residential any changes to the CC&R's that relate to the above requirements prior to the changes CC&R's being recorded or taking effect. Residential BP CC&R's relatina to the residential condos will be deferred until the issuance of the residential unit building permits, or as approved by the City Attorney. The deferred items shall include: a) Homeowners Association shall be established; b) Provisions for maintenance of all common areas including shared residential courtyards and residential parking facilities, amenities, etc.; c) Provisions and procedures for dedicated residential parking spaces; d) A detailed list of each individual homeowner's responsibilities for maintenance of the individual units; and e) Provision to ensure compliance with the Master Plan of Development. ITEM NUMBER: DATE: Proposed Amended Public Improvement Conditions (to be added): A-1 5_nR 27. Cooperation related to Public Improvements: The applicant shall cooperate and provide any needed access to his property in regard to all public improvements that may need to be installed, by the City, fronting or adjacent to his property. This includes but is not limited to all medians, sidewalks, streetscape and the pedestrian bridge. BP, GP 28. Driveway Closure: The project proposes to create a right in driveway across EI Camino FO Real for the current Denny's restaurant and to incorporate the left out component with Rabobank's driveway (the driveways across EI Camino Real shall line up with project's Driveway) in order to improve traffic circulation and safety through the construction of a center median in EI Camino Real. Approval from both businesses and all affected property owners must be obtained to complete this work. The applicant shall acquire all easements, agreements, and/or title interest in offsite land in order to realign the driveways with the applicants proposed driveway. The Applicant shall be responsible for any onsite private improvements on the above mentioned landowner's property. The applicant shall provide the City with electronic and hard copies of all approved public improvement plans. 29. Crosswalk: This project proposes a mid -block crosswalk at the project entrance on EI BP, GP Camino Real. This crosswalk must be designed by a Civil Engineer with experience in pedestrian crossing design. The Applicants Civil Engineer shall provide a letter to the City Engineer stating that the proposed mid -block crosswalk design meets acceptable standards and warrants for pedestrian safety. Consideration in the design shall be given for site distance, vehicle volume and speed, road width, pedestrian refuge, and other considerations. If the crosswalk can not be designed to provide pedestrian crossing that will meet acceptable standards, the crosswalk will not be allowed. Proposed Environmental Determination The proposed Vesting Tentative Tract Map Amendment and Conditional Use Permit Amendment are in substantial conformance with Certified Mitigated Negative Declaration 2005-0020. Cnnrli icinn The proposed Amendments to Vesting Tentative Tract Map and Conditional Use Permit are consistent with the approved Colony Square Master Plan of Development and the requirements of the Subdivision Ordinance. Staff recommends the Planning Commission approve the Amendment to Tentative Tract Map 2005-0071 and the Amendment to Cup 2004-0127 based on findings and conditions. ITEM NUMBER: 5 DATE: 4-15-08 ALTERNATIVES: 1. The Commission may approve the map with modified project conditions. 2. The Commission may continue the hearing and refer the item back to staff for additional information or analysis. Direction should be given to staff and the applicant on required information. 3. The Commission may deny the map 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. PREPARED BY: Callie Taylor, Associate Planner ATTACHMENTS: Attachment 1: Location, General Plan, and Zoning Map Attachment 2: Site Aerial Attachment 3: Draft Resolution 2008-0022 (TTM Amendment) Attachment 4: Draft Resolution 2008-0023 (CUP Amendment) ITEM NUMBER: 5 DATE: 4-15-08 Attachment 1: Location Map, General Plan and Zoning i DProjectSite D General Plan: DC — Downtown Commercial Zoning District: D - Downtown ITEM NUMBER: DATE: 4-15-08 Attachment 2: Site Aerial ITEM NUMBER: 5 DATE: 4-15-08 ATTACHMENT 3: Draft Resolution PC 2008-0022 Approval of Amendment to TTM 2005-0071 DRAFT RESOLUTION PC 2008-0022 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING AN AMENDMENT TO VESTING TENTATIVE TRACT MAP 2005-00719 (TRACT 2733) ON APN 029-361-0189 020, 022 6901, 6905 El Camino Real, 6999 Santa Ysabel Ave. (Colony Square, LLC) WHEREAS, an application has been received from Colony Square, LLC, (205 E. Camarillo, Suite 220, Santa Barbara, CA 93101), Owner, to consider an Amendment to Vesting Tentative Tract Map on a 8.14 -acre site located at 6905 El Camino Real (APN 029-361-018, 020, 022); and, WHEREAS, the current General Plan Land Use Designation is Downtown (D); and, WHEREAS, the current Zoning District is Downtown Commercial (DC); and, WHEREAS, the proposed map Amendment is in substantial conformance with Certified Mitigated Negative Declaration 2005-0020 prepared for the original project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission approved a Master Plan of Development for the site on August 16, 2005; and WHEREAS, a timely and properly noticed Public Hearing upon the subject Vesting Tentative Tract Map Amendment application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Master Plan of Development; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on April 15, 2008, studied and considered the Amendment to Vesting Tentative Tract Map 2005-0071; and, NOW THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings of Approval for Amendment to Vesting Tentative Tract Map, the Planning Commission finds as follows: ITEM NUMBER: 5 DATE: 4-15-08 1. The proposed subdivision, as conditioned, is consistent with the General Plan and applicable zoning requirements, including provisions of the Downtown Commercial zone. 2. The site is physically suitable for the type of development proposed. 3. The site is physically suitable for the density of development proposed. 4. 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. 5. The design of the project 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. 6. Covenants, Conditions and Restrictions (CC&Rs) 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, paving, fencing, and landscaping) over time. 7. The proposed project design and type of improvements proposed will not be detrimental to the health, safety or welfare of the general public. 8. The proposed subdivision is consistent with the Master Plan of Development for the site. SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on April 15, 2008, resolved to approve the Amendment to Vesting Tentative Tract Map (TTM 2005-0071) subject to the following: 1. Exhibit A: Amended Vesting Tentative Tract Map 2005-0071 2. Exhibit B: Conditions of Approval / Mitigation Monitoring Program On motion by Commissioner , and seconded by Commissioner resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: ADOPTED: Attest: Warren M. Frace Planning Commission Secretary ITEM NUMBER: 5 DATE: 4-15-08 the foregoing CITY OF ATASCADERO, CA Roberta Fonzi Planning Commission Chairperson Exhibit A: Amended Vesting Tentative Tract Map 2005-0071 Exhibit B: Conditions of Approval / Mitigation Monitoring Program Tentative Tract Map 2005-0071 i ITEM NUMBER: 5 DATE: 4-15-08 ITEM NUMBER: 5 DATE: 4-15-08 ITEM NUMBER: DATE: 4-15-08 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 6901, 6905 EI Camino Real; 6999 Santa Ysabel Ave. BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Tract Map Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TTM 2005-0071 TO: Temporary occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy Planning Services 1. The approval of this use permit shall become final and effective for the FM PS purposes of issuing building permits fourteen (14) days following Planning Commission approval unless prior to that time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 2. Approval of this Vesting 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 or a final map has been recorded with the County Recorder's Office. 3. The Community Development Department shall have the authority to FM PS approve minor changes to the project that (1) result in a superior site design or appearance, and/or (2) address a design issue that is not substantive to the Tentative Tract Map. 4. The granting of this entitlement shall apply to the property located at 6901 On going PS & 6905 EI Camino Real, and 6999 Santa Ysabel Avenue (APN 029-361- 018, 020, 022) regardless of owner. 5. The Final Map shall be drawn in substantial conformance with the FM PS approved Tentative Map, and in compliance with all conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 6. The subdivider shall defend, indemnify, and hold harmless the City of FM PS Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the City, or any of its entities, concerning the subdivision. 7. The Tract Map shall be subject to additional fees for park or recreation FM PS purposes (QUIMBY Act) as required by City Ordinance. 8. All tract maintenance costs listed below shall be 100% funded by the Residential PS project in perpetuity. The service and maintenance cost shall be funded CC&R'S through a Home Owners Association established by the developer subject to City approval. The Home Owners Association must be in place prior to BP issuance of permits for the residential buildings, or as approved by the City Attorney. This date may be modified with approval of the Community Director by submitting a written letter with the reason for a delayed date. 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. ITEM NUMBER: DATE: 4-15-08 Conditions of Approval / Mitigation Monitoring Program 6901, 6905 EI Camino Real; 6999 Santa Ysabel Ave. Vesting Tentative Tract Map TTM 2005-0071 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 ■ All streets, bridges, sidewalks, streetlights, street signs, roads, emergency access roads, emergency access gates, and sewer mains within the project; ■ All parks, trails, recreational facilities and like facilities; ■ All open space and native tree preservation areas; ■ All drainage facilities and detention basins; ■ All creeks, flood plains, floodways, wetlands, and riparian habitat areas; ■ All common landscaping areas, street trees, medians, parkway planters, manufactured slopes outside private yards, and other similar facilities; and ■ All frontage landscaping and sidewalks along arterial streets. 9. Prior to Final Map, the applicant shall submit Master CC&R's for Commercial / PS maintenance of the commercial lots for review and approval by the Master Community Development Department. The Master CC&R's shall record CC&R's with the Final Map. The applicant may request deferring the Master CC&R's. Such a request shall be made in writing to the Community FM Development Director and will be subject to a separate legal agreement regarding the recordation timing of the Master CC&R's and restriction on the property prior to recordation of the Master CC&R's. In no cases shall any parcels be sold or transferred, or any structures finaled prior to recordation of the Master CC&R's. The Master CC&R's shall include, but are not limited to the following: a) Provisions for maintenance of all common areas including landscaping, exterior lighting, hardscape, plazas, street furniture, and parking facilities; b) Provisions and procedures for dedicated and shared parking spaces for each building. Dedicated parking/easements shall be identified for the two adjacent lots (Parcel 2 and parcel at the corner of EI Camino Real and HWY 41, currently Cowgirl Cafe and bank); c) Maintenance and use provisions for all dedicated trash storage and recycling for each commercial tenant; d) Review and approval process for signage and awnings consistent with Master Plan of Development; e) Maintenance of roads and common utilities; f) A detailed list of owner's responsibilities for maintenance of the ITEM NUMBER: DATE: 4-15-08 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 6901, 6905 EI Camino Real; 6999 Santa Ysabel Ave. BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Tract Map Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TTM 2005-0071 TO: Temporary occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy individual buildings; g) Provisions to ensure compliance with the Master Plan of Development, including architectural standards; and h) Provisions to establish a Master Association to enforce CC&R's. 10. A provision for review and approval by the City Community Residential Development Department for any changes to the CC&R's that relate CC&R's to the above requirements prior to the changes being recorded or taking effect. Residential BP CC&R's relating to the residential condos will be deferred until the issuance of the residential unit building permits, or as approved by the City Attorney. The deferred items shall include: a) Homeowners Association shall be established; b) Provisions for maintenance of all common areas including shared residential courtyards and residential parking facilities, amenities, etc.; c) Provisions and procedures for dedicated residential parking spaces; d) A detailed list of each individual homeowner's responsibilities for maintenance of the individual units; and e) Provision to ensure compliance with the Master Plan of Development. PROJECT SPECIFIC CONDITIONS BP, GP CE Public Improvements (Project Frontage): 11. EI Camino Real: The existing curb gutter and sidewalk along the BP, GP CE project frontage shall be replaced with materials and furniture from the approved "Atascadero Streetscape" material and furniture. This will include pavers and colored concrete sidewalk, street trees and grates, benches, street lights, garbage cans, and recycle containers. 12. Storm water: Currently storm water enters the site from the main BP, GP CE driveway on EI Camino Real in an uncontrolled fashion. This storm water shall be collected in a storm drain inlet and drained to Atascadero Creek. This can be accomplished in EI Camino Real or through the project site. 13. Transit stop: An Atascadero Transit bus stop shall be constructed at BP, GP CE the project frontage and shall include a shelter, bench and trash receptacle. ITEM NUMBER: DATE: 4-15-08 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 6901, 6905 EI Camino Real; 6999 Santa Ysabel Ave. BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Tract Map Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TTM 2005-0071 TO: Temporary occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy 14. Passenger Loading: A passenger loading zone will be constructed BP, GP CE along the project frontage. This loading zone will not conflict with the transit stop. 15. Cooperation related to Public Improvements: The applicant shall BP, GP CE cooperate and provide any needed access to his property in regard to all public improvements that may need to be installed, by the City, fronting or adjacent to his property. This includes but is not limited to all medians, sidewalks, streetscape and the pedestrian bridge. 16. Driveway Closure: The project proposes to create a right in driveway FM CE across EI Camino Real for the current Denny's restaurant and to incorporate the left out component with Rabobank's driveway (the driveways across EI Camino Real shall line up with project's Driveway) in order to improve traffic circulation and safety through the construction of a center median in EI Camino Real. Approval from both businesses and all affected property owners must be obtained to complete this work. The applicant shall acquire all easements, agreements, and or title interest in offsite land in order to realign the driveways with the applicants proposed driveway. The Applicant shall be responsible for any onsite private improvements on the above mentioned landowner's property. The applicant shall provide the City with electronic and hard copies of all approved public improvement plans. 17. Crosswalk: This project proposes a mid -block crosswalk at the project BP, GP CE entrance on EI Camino Real. This crosswalk must be designed by a Civil Engineer with experience in pedestrian crossing design. The Applicants Civil Engineer shall provide a letter to the City Engineer stating that the proposed mid -block crosswalk design meets acceptable standards and warrants for pedestrian safety. Consideration in the design shall be given for site distance, vehicle volume and speed, road width, pedestrian refuge, and other considerations. If the crosswalk can not be designed to provide pedestrian crossing that will meet acceptable standards, the crosswalk will not be allowed. 18. Street repair: All trenches cuts or work in the asphalt surface shall be BP, GP CE repaired to Public Works Standards. All cuts will be saw cut square and even. Small groups of cuts will not be allowed. The repair shall provide a final smooth driving surface. 19. Santa Ysabel Ave (SR 41) and Capistrano Ave: All existing sidewalk, BP, GP CE curbs and gutter and curb ramps shall be smooth, and even without uplifting or major cracks. Any facility not meeting this condition shall be replaced. Public Improvement plans shall be submitted detailing the design. 20. All public improvements shall be constructed in conformance with the City BP, GP CE of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. Any work on State Route 41/Santa Ysabel Ave shall be approved by Caltrans. ITEM NUMBER: DATE: 4-15-08 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 6901, 6905 EI Camino Real; 6999 Santa Ysabel Ave. BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Tract Map Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TTM 2005-0071 TO: Temporary occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy Public Works Improvements (On Site): BP, GP CE 21. All on-site public works improvements will meet City of Atascadero FM CE Standards. This includes driveways, sidewalks, parking, drainage, landscaping, lighting, and other public works facilities. 22. The applicant shall make a good faith effort to connect to the adjacent FM CE bank parking lot and eliminate the existing bank driveway that accesses Santa Ysabel Ave/SR 41. The applicant shall document such good faith efforts and present all documentation of such to the City Engineer who may waive the requirement. Drainage: FM CE 23. This project proposes to convey all storm water to Atascadero Creek in BP, GP CE two existing culvert systems. One is an existing 12 inch storm drain and the other is (3) 60 inch storm drains. 24. Drainage calculation: Drainage calculations shall be produced BP, GP CE considering all areas tributary to this property. These calculations shall be in conformance the City of Atascadero Engineering Standards. Submit calculations to support the design of any structures or pipes. Closed conduits shall be designed to convey the 10 -year flow with gravity flow; the 25 -year flow with head, and provide safe conveyance for the 100 -year overflow. 25. A Storm Water Pollution Prevention Plan shall be produced and approved BP, GP CE by the Regional Water Quality Control Board and the City of Atascadero. These plans shall recommend mitigation measure during and after construction to eliminate point and non point source pollution into Atascadero Creek. A filter system, mechanical or non, shall be installed with this project. This system shall comply with the intent of National Pollution Discharge Elimination System, Phase II requirements. 26. Obtain approval by the City Engineer of the grading & drainage plan and the storm drain design & facilities. 27. Acquire drainage easements where needed. Drainage shall cross lot lines BP, GP WW only where a drainage easement has been provided. 28. Concentrated drainage from off-site areas shall be conveyed across the BP, GP WW project site in drainage easements. Wastewater: BP, GP WW 29. Drainage piping serving fixtures which have flood level rims located below BP, GP WW the elevation of the next upstream manhole cover of the public or private ITEM NUMBER: DATE: 4-15-08 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 6901, 6905 EI Camino Real; 6999 Santa Ysabel Ave. BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Tract Map Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TTM 2005-0071 TO: Temporary occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy 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. 30. All sewer main taps will be done by the City of Atascadero. The developers shall pay a sewer tap fee. 31. Sewer connection permit shall be issued separately (from building permit) BP, GP CE after public sewer extension has been completed and has received a satisfactory final Public Works inspection. Final project inspection shall be contingent upon completion of the public sewer extension and Public Works final inspection. Solid Waste Conditions: 32. Atascadero Waste Alternative shall approve the location, size and design BP CE of all solid waste facilities. The facilities shall include room for recycling and green waste containers. The location of the facilities will take into account the collection of the solid waste STANDARD CONDITIONS CE 33. In the event that the applicant is allowed to bond for the public FM CE improvements, required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 34. An engineer's estimate of probable cost shall be submitted for review FM CE and approval by the City Engineer to determine the amount of the bond. 35. The Subdivision Improvement Agreement shall record concurrently with FM CE the Final Map. 36. The applicant shall enter into a Plan Check/Inspection agreement with BP CE the City. 37. The applicant shall acquire title interest in any off-site land that may be FM CE required to allow for the construction of the improvements. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress and egress is affected by these improvements. 38. Slope easements shall be obtained by the applicant as needed to FM CE accommodate cut or fill slopes. 39. Drainage easements shall be obtained by the applicant as needed to FM CE accommodate both public and private drainage facilities. 40. A preliminary subdivision guarantee shall be submitted for review in FM CE ITEM NUMBER: DATE: 4-15-08 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 6901, 6905 EI Camino Real; 6999 Santa Ysabel Ave. BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Tract Map Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TTM 2005-0071 TO: Temporary occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy conjunction with the processing of the parcel map. 41. The Final Map shall be deemed acceptable to the City Engineer prior to FM CE the map being placed on the agenda for City Council acceptance. 42. Prior to recording the Final Map, the applicant shall pay all outstanding FM CE plan check/inspection fees. 43. Prior to recording the Final Map, the applicant shall complete all FM CE improvements required by these conditions of approval or bond for them. 44. Prior to recording the Final Map, the applicant shall set monuments at FM CE 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. 45. Prior to recording the Final Map, the applicant shall submit a map FM CE 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. 46. All existing and proposed utility, pipeline, open space, or other FM 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. 47. Prior to recording the Final Map, the applicant shall have the Map FM CE reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company indicating their review of the map. The letter shall identify any new easements that may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the Parcel Map. 48. Prior to the issuance of building permits the applicant shall submit plans BP CE 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 49. Before the issuance of building permits, the applicant shall submit plans GP, BP CE to AMWC for the water distribution facilities needed to serve the project. AMWC shall review and approve the plans before construction begins on the waters stem improvements. All water distribution facilities shall ITEM NUMBER: DATE: 4-15-08 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 6901, 6905 EI Camino Real; 6999 Santa Ysabel Ave. BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Tract Map Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TTM 2005-0071 TO: Temporary occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy 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. 50. Before issuance of building permits, the applicant shall obtain a "Will GP--RFF Serve" letter from AMWC for the newly created lots within the subdivision. 51. The water mains required to serve the project shall be laid out in a grid F or looped pattern and shall connect to the existing water mains system in EI Camino Real, Morro Rd., and Santa Ysabel Ave. 52. The applicant shall provide AMWC with easements for those water U, facilities proposed for operation and maintenance by AMWC that are constructed outside of publicly maintained right-of-ways. AMWC shall review the form and content of the easements before recordation. 53. The applicant shall submit a hydraulic analysis with the first plan check�P U 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. 54. The applicant shall obtain a separate landscape -irrigation meter(s) from 0-P ISI' C AMWC for the common areas within the project. 55. Landscaping for the common areas shall be drought -tolerant. �F 56. Before construction of the water system improvements, AMWC shall SaP-8-P CCE 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. Mitigation Measures ITEM NUMBER: DATE: 4-15-08 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 6901, 6905 EI Camino Real; 6999 Santa Ysabel Ave. BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Tract Map Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TTM 2005-0071 TO: Temporary occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy AESTHETICS: BP PS, BS, CE 1.c.1 Mitigation Measure 1.c.1: The following landscape mitigations shall apply: ■ The project shall include landscaping of all common areas, including slopes, streetscapes, parking lot shade trees and street trees. ■ The project shall include entryway feature landscaping and multi -family common area landscaping. ■ All proposed on-site trees shall be 15 -gallon minimum size, double - staked. Street and parking lot trees shall be selected to provide shade over paved areas and pedestrian pathways to reduce urban heat buildup, improve air quality, and provide visual unity to the streetscape. ■ Common area and public outdoor furniture, lighting fixtures, trash receptacles, and signage shall be of architectural quality and durability. Mitigation Measure 1.c.2: The proposed development shall include the use BP PS, BS, CE 1.c.2 of paint and roof colors designed to compliment the architectural theme and reduce the potential for reflected light and glare. Mitigation Measure 1.c.3: Directional signage shall be incorporated into the BP PS, BS, CE 1.c.3 project in style and compatibility with the proposed project. Any sign lighting shall be low-level external lighting. Mitigation Measure 1.d.1: On-site street and parking lot lighting shall be BP PS, BS, CE 1.d.1 designed to eliminate any off site glare. All exterior site lights shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. Pedestrian luminaire pole heights shall not exceed 12 feet in height, and all street and parking lot lighting shall not exceed 16 feet in height, limit intensity to 2.0 foot candles at ingress/egress, and shall otherwise be within a range of 0.6 foot candle minimum to 1.0 maximum. Fixtures shall be shield cut-off type and compatible with downtown setting, subject to staff approval. ITEM NUMBER: DATE: 4-15-08 Conditions of Approval / Mitigation Monitoring Program 6901, 6905 EI Camino Real; 6999 Santa Ysabel Ave. Vesting Tentative Tract Map TTM 2005-0071 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 Mitigation Measure 3.b: Each development phase shall be conditioned to BP, GP PS, BS, CE 3.b comply with all applicable District regulations pertaining to the control of construction equipment exhaust emissions and fugitive dust (PM -10) emissions from construction activities as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. Section 6.3: Construction Equipment ■ Maintain all construction equipment in proper tune according to manufacturer's specifications. ■ Fuel all off-road and portable diesel powered equipment, including but not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power units, with ARB certified motor vehicle diesel fuel (Non -taxed version suitable for use off-road). ■ Maximize to the extent feasible, the use of diesel construction equipment meeting the ARB's 1996 or newer certification standard for off-road heavy-duty diesel engines. ■ All on and off-road diesel equipment shall not be allowed to idle for more than 5 minutes. Signs shall be posted in the designated queuing areas to remind drivers and operators of the 5 minute idling limit. ■ Install diesel oxidation catalysts (DOC), catalyzed diesels particulate filters (CDPF) or other District approved emission reduction retrofit services (Required for projects grading more than 4.0 acres of continuously worked area). The determination of the quantity and type of diesel emission control devices that are appropriate for the project must be performed in consultation with APCD staff three months prior the start of the construction phase. Some consideration will include: amount of cut & fill, age of fleet, project duration and proximity to sensitive receptors. The APCD is concerned about the proximity of this redevelopment project to sensitive receptors such as Atascadero Junior High School. Sensitive receptors may be a consideration in the APCD's decisions regarding the appropriate mitigation for the construction phase diesel emissions. Section 6.4: Activity Manaqement Techniques ■ Develop a comprehensive construction activity management plan designed to minimize the amount of large construction equipment operating during any given time period. • Schedule construction truck trips during non -peak hours to reduce peak hour emissions. ■ Limit the length of the construction workday period, if necessary. ■ Phase construction activities, if appropriate. ITEM NUMBER: DATE: 4-15-08 Conditions of Approval / Mitigation Monitoring Program 6901, 6905 EI Camino Real; 6999 Santa Ysabel Ave. Vesting Tentative Tract Map TTM 2005-0071 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 Section 6.5: Fugitive PM10 BP,GP PS, BS, CE 3.b 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 stockpile areas should be sprayed daily as needed. D. Permanent dust control measures identified in the approved project re -vegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities. E. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading should be sown with a fast -germinating native grass seed and watered until vegetation is established. F. All disturbed soil areas not subject to re -vegetation should be stabilized using approved chemical soil binder, jute netting, or other methods approved in advance by the APCD. G. All roadways, driveways, sidewalks, etc, to be paved should be complete as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. H. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. I. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114. J. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment before leaving the site. K. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. L. The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust off site. The name and telephone number of such persons shall be provided to the APCD prior to land use clearance for map recordation and land use clearance for finish grading of any structure. ITEM NUMBER: DATE: 4-15-08 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 6901, 6905 EI Camino Real; 6999 Santa Ysabel Ave. BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Tract Map Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TTM 2005-0071 TO: Temporary occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy Mitigation Measure 3.b.2: Demolition Activities BP, GP PS,BS, APCD 3.b.2 The project referral indicated that there are existing structures on the proposed site that will be demolished. Demolition activities can have potential negative air quality impacts, including issues surrounding proper handling, demolition, and disposal of asbestos containing material (ACM). Asbestos containing materials could be encountered during demolition or remodeling of existing buildings. Asbestos can also be found in utility pipes/pipelines (transite pipes or insulation on pipes). If utility pipelines are scheduled for removal or relocation; or building(s) are removed or renovated this project may be subject to various regulatory jurisdictions, including the requirements stipulated in the National Emission Standard for Hazardous Air Pollutants (40CFR61, Subpart M - asbestos NESHAP). These requirements include but are not limited to: 1) notification requirements to the District, 2) asbestos survey conducted by a Certified Asbestos Inspector, and, 3) applicable removal and disposal requirements of identified ACM. Please contact Tim Fuhs of the Enforcement Division at 781-5912 for further information. Mitigation Measure 3.b.3: Naturally Occurring Asbestos BP, GP PS,BS, APCD 3.b.3 The project site is located in a candidate area for Naturally Occurring Asbestos (NOA), which has been identified as a toxic air contaminant by the California Air Resources Board (ARB). Under the ARB Air Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface Mining Operations, prior to any grading activities at the site, the project proponent shall ensure that a geologic evaluation is conducted to determine if NOA is present within the area that will be disturbed. If NOA is not present, an exemption request must be filed with the District (see Attachment 1). If NOA is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM. This may include development of an Asbestos Dust Mitigation Plan and an Asbestos Health and Safety Program for approval by the APCD. Please refer to the APCD web page at: http://www.slocleanair.org/business/asbestos.asp for more information or contact Tim Fuhs of our Enforcement Division at 781-5912. Mitigation Measure 3.b.4: Construction Phase Permitting BP, GP BS, PS, CE, 3.b.4 Portable equipment, 50 horsepower (hp) or greater, used during APCD construction activities may require California statewide portable equipment registration (issued by the California Air Resources Board) or a District permit. The following list is provided as a guide to equipment and operations that may have permitting requirements, but should not be viewed as exclusive. • Portable generators (50 hp or greater) • Concrete batch plants • Rock and pavement crushing • Tub grinders 0 Trommel screen ITEM NUMBER: DATE: 4-15-08 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services 6901, 6905 EI Camino Real; 6999 Santa Ysabel Ave. SIP: Subdivision FD: Fire Department Vesting Tentative Tract Map Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TTM 2005-0071 TO: Temporary occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy Mitigation Measure 3.b.5 BP, GP BS, PS, CE, 3.b.5 Provide Transit bus stop and transit stop enhancements to serve project APCD site. Mitigation Measure 3.b.6 BP, GP BS, PS, CE, 3.16.6 Provide incentives to employees to carpool/va n pool, take public APCD transportation, telecommute, walk, bike, etc. by implementing the Transportation Choices Program. The applicant should Contact SLO Regional Rideshare at 541-2277 to receive free consulting services on how to start and maintain a program. Mitigation Measure 3.b.7 BP, GP BS, PS, CE, 3.16.7 Provide pedestrian signage and signalization to improve pedestrian safety APCD Mitigation Measure 3.b.8 BP, GP BS, PS, CE, 3.16.8 Provide continuous pedestrian walkways separated from the roadway by APCD landscaping and on street parking, as feasible. Mitigation Measure 3.b.9 BP, GP, BS, PS, CE, 3.16.9 Implement on-site circulation design element in parking lots to reduce APCD vehicle queuing and improve the pedestrian and bicycle environment Mitigation Measure 3.b.10 BP, GP BS, PS, CE, 3.16.10 Provide engineered connections between the project and the existing APCD network of bicycle routes/paths, as feasible. Mitigation Measure 3.b.11 BP, GP BS, PS, CE, 3.16.11 Provide on-site long and short term secure bicycle parking for residential APCD and commercial elements of the project. Mitigation Measure 3.b.12 BP, GP BS, PS, CE, 3.16.12 Include internal wiring/cable in dwelling units and office buildings that APCD enables multiple points where telecommuting, telelearning and teleconferencing can occur simultaneously. Mitigation Measure 3.b.13 BP, GP PS, BS, CE, 3.16.13 Increase the building energy efficiency rating by 10% above what is required APCD by Title 24 requirements. This can be accomplished in a number of ways (increasing attic, wall, or floor insulation, installing double pane windows, using efficient interior lighting, etc.). Mitigation Measure 3.b.14 BP, GP PS, BS, CE, 3.16.14 Provide outdoor electrical outlets to encourage the use of electric appliances APCD and tools. Mitigation Measure 3.b.15 BP, GP PS, BS, CE, 3.16.15 Use built-in energy efficient appliances. APCD Mitigation Measure 3.b.16 BP, GP PS, BS, CE, 3.16.16 Use low energy parking lot and street lights. APCD ITEM NUMBER: DATE: 4-15-08 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services 6901, 6905 EI Camino Real; 6999 Santa Ysabel Ave. SIP: Subdivision FD: Fire Department Vesting Tentative Tract Map Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TTM 2005-0071 TO: Temporary occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy BP, GP PS, BS, CE, 3.b.17 Mitigation Measure 3.b.17 APCD The following uses could be problematic if residential quarters are included in the same building and are not recommended by APCD: • Nail Salons • Dry-cleaners • Coffee Roasters • Gasoline Stations • Furniture refurbishing/refinishing • Any type of Spray Paint Operation BIOLOGICAL RESOURCES: BP, GP PS, BS 4.e.1 Mitigation Measure: 4.e.1: The Precise Grading Plan shall identify tree protection fencing around the dripline of each existing on-site tree identified for retention within 20 feet of construction activity. Mitigation Measure 4.e.2: The building permit site plan shall identify all BP, GP PS, BS 4.e.2 protection and enhancement measures recommended by the Certified Arborist in the Tree Protection Plan which shall be submitted prior to permit issuance. Tree protection fencing shall be installed at the locations identified in the Tree Protection Plan and/or as recommended by the project arborist. ITEM NUMBER: DATE: 4-15-08 Conditions of Approval / Mitigation Monitoring Program 6901, 6905 EI Camino Real; 6999 Santa Ysabel Ave. Vesting Tentative Tract Map TTM 2005-0071 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 Mitigation Measure 4.e.3: Trees proposed for removal shall be replaced on BP, GP PS, BS 4.e.3 site as 15 gallon minimum size trees at a 4:1 ratio. All tree impact/replacement mitigation shall be consistent with Atascadero Municipal Code Section 9-11.105. The certified arborists report shall be responsible for monitoring the project during all phases of construction through project completion, as follows: (a) A written agreement between the arborist and the developer outlining an arborist monitoring schedule for each construction phase through final inspection shall be submitted to and approved by planning staff prior to the issuance of building/grading permits. (b) Arborist shall schedule a pre -construction meeting with engineering /planning staff, grading equipment operators, and the project superintendent to review the project conditions and requirements prior to any grubbing or earth work for any portion of the project site. All tree protection fencing, root zone fencing trunk protection, and any other precautions shall be installed for inspection during the meeting. (c) As specified by the arborist report and City staff: • Prune all trees in active development areas to be saved for structural strength and crown cleaning by a licensed and certified arborist. • Remove all debris and spoils from the lot cleaning and tree pruning. • In locations where paving is to occur within the tree canopy, grub only and do not grade nor compact. Install porous pavers over a three-inch bed of % 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 of any development phase final status report shall be prepared by the project arborist certifying that the tree protection plan was implemented, the trees designated for protection were protected during construction, and the construction -related tree protection measures are no longer required for tree protection. ITEM NUMBER: DATE: 4-15-08 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 6901, 6905 EI Camino Real; 6999 Santa Ysabel Ave. BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Tract Map Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TTM 2005-0071 TO: Temporary occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy Mitigation Measure 4.e.4: Grading and excavation work shall be consistent BP,GP PS,BS 4.e.4 with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: • All existing trees outside of the limits of work shall remain. • Earthwork shall not exceed the limits of the project area. • Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. • Vehicles and stockpiled material shall be stored outside the dripline of all trees. • All trees within the area of work shall be fenced for protection with 4 - foot chain link, snow or safety fencing placed per the approved tree protection plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing shall remain in place until completion of all construction activities. • Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. GEOLOGY AND SOILS: GP PS, BS, CE 6.b.1 Mitigation Measure 6.b.1: The Building Permit Application plans shall include erosion control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. Mitigation Measure 6.b.2: All cut and fill slopes shall be treated with an GP PS, BS, CE 6.b.2 appropriate erosion control method (erosion control blanket, hydro -mulch, or straw mulch appropriately anchored) immediately after completion of earthwork between the months of October 15 through April 15. All disturbed slopes shall have appropriate erosion control methods in place. Duration of the project: The contractor will be responsible for the clean up of any mud or debris that is tracked onto public streets by construction vehicles. Mitigation Measure 6.c.d.1: A site-specific soils report shall be required to BP, GP PS, BS, CE 6.c.d.1 be submitted with a future building permit by the community development department. The building plans will be required to follow the recommendations of the soils report to assure safety for occupants and buildings. ITEM NUMBER: DATE: 4-15-08 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 6901, 6905 EI Camino Real; 6999 Santa Ysabel Ave. BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Tract Map Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TTM 2005-0071 TO: Temporary occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy HYDROLOGY AND WATER QUALITY: TO, FI PS, BS, FD 8.0.1 Mitigation Measure 8e.f.1: A Storm Water Pollution Prevention Plan (SWPPP)/Erosion Control Plan shall be submitted by the applicant and reviewed and approved by the City Engineer prior to the issuance of the building permit. The plan shall include storm water measures for the operation and maintenance of the project for the review and approval of the RWQCD and the City Engineer. The Building Permit application plans shall identify Best Management Practices (BMPs) appropriate to the uses conducted on site that effectively prohibit the entry of pollutants into storm water runoff. Mitigation Measure 8.e.f.2: The developer is responsible for ensuring that GP PS, BS, CE 8e.f.2 all contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop work orders. Mitigation Measure 8.e.1: The proposed storm drain system, including the GP PS, BS, CE 8.e.1 on-site drainage basins, shall be designed per the City of Atascadero Engineering standards, subject to review and approval of the City Engineer. NOISE: GP, BP PS, BS, CE 11.a.b.1 Mitigation Measure 11.a.b.1: All construction activities shall comply with the City of Atascadero Noise Ordinance for hours of operation. Failure to comply with the noise ordinance may result in withholding of inspections and possible construction prohibitions, subject to the review and approval of the Community Development Director, and in addition to penalties identified in the Ordinance. TRANSPORTATION/TRAFFIC: BP, CE PS, BS, CE 15.f.1 Mitigation Measure 15.f.1: The project entrance on EI Camino Real shall operate at Level of Service "C" or better during am and pm peak hour traffic flow. The existing driveways across EI Camino Real from the project entrance, Denny's Restaurant and Rabobank, shall be incorporated into one driveway that is directly across the entrance. Landscaped medians with turn pockets will be placed on EI Camino Real to control turning movements. Traffic signal or other traffic control device may be place in order to achieve Level of Service "C". This device shall be approved by Caltrans and Public Works to be sure it does not conflict with existing traffic control on EI Camino Real. ITEM NUMBER: DATE: 4-15-08 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 6901, 6905 EI Camino Real; 6999 Santa Ysabel Ave. BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Vesting Tentative Tract Map Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TTM 2005-0071 TO: Temporary occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy Mitigation Measure 15.f.2: A pedestrian crossing shall be constructed BP, CE PS, BS, CE 15.f.2 across EI Camino Real. This pedestrian crossing will be designed and constructed to allow pedestrians sufficient time to cross EI Camino Real and provided sufficient site distance and warning for vehicles to stop for the pedestrians. A refuge area will be placed in the median in EI Camino Real for pedestrians. Mitigation Measure 15.f.4: The intersection of Capistrano, Lewis Avenue, BP, CE PS, BS, CE 15JA and the project entrance shall be a 4 way stop with crosswalks. Mitigation Measure 15.f.5: A transit stop shall be incorporated into the BP, CE PS, BS, CE 15.f.5 project frontage along EI Camino Real. The transit stop shall have a turn out, signage and shelter designed to City Standards and approved by Atascadero Transit. Mitigation Measure 15.f.6: Passenger drop off zone will be incorporated into BP, CE PS, BS, CE 15.f.6 the project frontage on EI Camino Real. This drop off zone will not conflict with the transit stop. BP, CE PS, BS, CE 15.f.7 Mitigation Measure 15.f.7: The interior circulation system shall allow vehicles to access to the 3 project driveways with clear and unobstructed travel. The parking lot and parking spaces shall be designed per the Municipal Code 9-4. Parking spaces shall be set back far enough from the project entrances to allow vehicles to enter the site without having to wait on the City street for vehicles backing out of parking spaces. BP, CE PS, BS, CE 15.f.8 Mitigation Measure 15.f.8: The project applicant shall acquire one or more written legal parking agreements with property owners of adjacent or nearby parking sites for an amount to satisfy maximum peak parking demands (as identified in Table B) during the any day of the week . The parking agreement shall be approved by the City prior to issuance of building permit. ITEM NUMBER: 5 DATE: 4-15-08 ATTACHMENT 4: Draft Resolution PC 2008-0023 Approval of Amendment to CUP 2004-0127 (Master Plan of Development Conditions) DRAFT RESOLUTION PC 2008-0023 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING AN AMENDMENT TO THE CONDITIONS OF CONDITIONAL USE PERMIT 2004-0127 ON APN 029-361-0189 0209 022 6901, 6905 El Camino Real, 6999 Santa Ysabel Ave. (Colony Square, LLC) WHEREAS, an application has been received from Colony Square, LLC, (205 E. Camarillo, Suite 220, Santa Barbara, CA 93101), Owner, to consider an Amendment to the Conditions of Approval for Conditional Use Permit 2004-0127 on a 8.14 -acre site located at 6905 El Camino Real (APN 029-361-018, 020, 022 ); and, WHEREAS, the current General Plan Designation is Downtown (D); and, WHEREAS, the current zoning district is Downtown Commercial (DC); and, WHEREAS, the proposed Conditional Use Permit Amendment is in substantial conformance with Certified Mitigated Negative Declaration 2005-0020 prepared for the original project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, a Conditional Use Permit is required for all mixed-use projects in the downtown area and all projects in excess of 10,000 square -feet to establish a Master Plan of Development; and, WHEREAS, the Planning Commission approved a Master Plan of Development (CUP 2004-0127) for the site on August 16, 2005; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Conditional Use Permit Amendment application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Master Plan of Development Amendment; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on April 15, 2008, studied and considered the Amendment to the Conditions of Conditional Use Permit 2004-0127; and, ITEM NUMBER: 5 DATE: 4-15-08 NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings for Approval of Conditional Use Permit. The Planning Commission finds as follows: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual; and, 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance); and, 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, 4. The proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5. The proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element; and 6. The Master Plan of Development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area; and 7. The proposed project is consistent with the Atascadero Downtown Revitalization Plan Downtown Design Guidelines. SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on April 15, 2008, resolved to approve an Amendment the Conditions of Conditional Use Permit 2004-0127 subject to the following: 1. EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program (Reference to exhibits in the attached conditions refer to the Master Plan of Development Exhibits as shown in the original CUP resolution) ITEM NUMBER: 5 DATE: 4-15-08 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 Roberta Fonzi Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary ITEM NUMBER: DATE: 4-15-08 Exhibit A: Conditions of Approval / Mitigation Monitoring Program Conditional Use Permit 2004-0127 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services Colony Square Mixed Use BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Master Plan of Development Improvement FM:FnalMPlans PD: Police Department CE: City Engineer Conditional Use Permit 2004-0127 TO: Temporary Occupancy WK CA: Wastewater CA: Wastewater City FI: Final inspection AMWC: Water Comp. F0: Final Occupancy Planning Services 1. This Conditional Use Permit shall be for 67 residential units, 75,230 FM PS square feet of retail/restaurant space, a 10 -screen, 35,000 square foot movie theater, and 17,100 square feet of office space development, parking areas, and landscaping on a 8.14 -acre site as described on the attached exhibits and located on parcel 029-361-018, 020, 22 regardless of owner. 2. The approval of a Conditional Use Permit shall become final and FM PS effective for the purposes of issuing a construction permit or establishing a nonstructural use fourteen (14) days following the Planning Commission approval unless prior to that time an appeal to the decision is filed as set forth in Section 9-1.111(b). 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. The Planning Commission shall have the authority to approve any other changes to the Master Plan of Development and any associated Tentative Maps unless appealed to the City Council. 4. Approval of this Conditional Use Permit shall be valid for twelve (12) BP / FM PS months after its effective date. At the end of the period, the approval shall expire and become null and void unless the project has received a building (or demolition) permit. Any extension requests shall be forwarded to the Planning Commission for approval. In addition, the last building will be finaled within 18 months of the first building being finaled. 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 permit applications BP/FM PS, CE shall be consistent with the Master Plan of Development contained herein. 7. All landscaping, special paving treatment, pedestrian furniture, potted plant accents, and public art/water elements shall be constructed and located as shown on the Master Plan of Development (EXHIBIT 1), ITEM NUMBER: DATE: 4-15-08 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services Colony Square Mixed Use BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Master Plan of Development Improvement Plans FM: Final Map PD: Police Department CE: City Engineer Conditional Use Permit 2004-0127 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy and shall be subject to staff approval. 8. Uses shall be restricted as show in Attachment A of the Master Plan of Development (EXHIBIT 1). Office and service commercial uses shall be restricted to the second floor except as noted in the project use matrix. 9. All exterior elevations, finish materials and colors shall be consistent BP PS with the Master Plan of Development as shown in EXHIBIT G, H and I of the original CUP Resolution with the following modifications: ■ All exterior material finishes (siding, trim, doors, windows, light fixtures, garage doors) shall be durable, high quality, and consistent with the architectural appearance. ■ Decorative iron accents as shown on the proposed elevations shall be of high architectural quality. ■ All trash storage, recycle storage, and air conditioning units shall be screened from view behind architecturally compatible or landscaped enclosures. ■ All utility doors (roll up or otherwise) shall be architectural grade and painted to compliment the color scheme of the buildings. ■ Any proposed exterior street, pedestrian, or building mounted light fixtures shall be of architectural grade and design and shall be compliment the architectural style, subject to staff approval. ■ Stucco siding shall be smooth troweled or similar. No machine finishes will be permitted. ■ Tile roofs shall be architectural grade. 10. In addition to the sign program included in the Master Plan of Development, the following signage standards shall apply: ■ Main business signage shall be a minimum of 20 square feet and a maximum of 50 square feet with the exception of the Movie Theater signage detailed in the Master Plan of Development. Larger signage may be permitted with staff approval. All signage within the project shall require staff approval. ■ One sign shall be permitted for each frontage facing a public street, interior parking area, or public plaza. ■ Business shall be allowed a maximum of two out of the following three sign types: awning, wall mounted, and projecting. Window decals and other pedestrian oriented signage shall be permitted in ITEM NUMBER: DATE: 4-15-08 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services Colony Square Mixed Use BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Master Plan of Development Improvement Plans FM: Final Map PD: Police Department CE: City Engineer Conditional Use Permit 2004-0127 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy addition to the aforementioned sign types. ■ Wall signage shall not be placed above the second floor sill unless otherwise approved by staff. ■ Projecting signs shall be subject to Municipal Code section 9- 15.0005 (Downtown District Sign regulations). 11. All site work, grading, and site improvements shall be consistent with BP/FM PS, BS, CE the Master Plan of Development as shown in EXHIBIT B,C, and I. 12. A final landscape and irrigation plan shall be approved prior to the BP PS, BS issuance of building permits, 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. ■ Street and parking lot trees shall be minimum 15 -gallon size and double staked. 13. Final selection of colors and materials identified in EXHIBIT H and I GP/BP PS shall be subject to staff approval. 14. Any future development signage shall be architecturally compatible BP PS with the proposed buildings. All future signage shall be subject to the review and approval of planning staff. No signage shall be placed above the first floor roofline. No signage shall be permitted facing the proposed residential uses. 15. An accurate Tree Protection Plan shall be prepared for encroachment GP/BP PS within the drip line of native trees located on or adjacent to the subject parcel. The applicant will contract with a certified arborist to monitor all activity within the drip lines of existing native oak trees designated for preservation. 16. Prior to Final Map, the applicant shall submit Master CC&R's for Commercial / PS maintenance of the commercial lots for review and approval by the Master Community Development Department. The Master CC&R's shall CC&R's record with the Final Map. The applicant may request deferring the Master CC&R's. Such a request shall be made in writing to the FM Community Development Director and will be subject to a separate legal agreement regarding the recordation timing of the Master CC&R's and restriction on the property prior to recordation of the Master CC&R's. In no cases shall any parcels be sold or transferred, or any structures finaled prior to recordation of the Master CC&R's. The Master CC&R's shall include, but are not limited to the following: ITEM NUMBER: DATE: 4-15-08 Conditions of Approval / Mitigation Monitoring Program Colony Square Mixed Use Master Plan of Development Conditional Use Permit 2004-0127 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 a) Provisions for maintenance of all common areas including landscaping, exterior lighting, hardscape, plazas, street furniture, and parking facilities; b) Provisions and procedures for dedicated and shared parking spaces for each building. Dedicated parking/easements shall be identified for the two adjacent lots (Parcel 2 and parcel at the corner of EI Camino Real and HWY 41, currently Cowgirl Cafe and bank); c) Maintenance and use provisions for all dedicated trash storage and recycling for each commercial tenant; d) Review and approval process for signage and awnings consistent with Master Plan of Development; e) Maintenance of roads and common utilities; f) A detailed list of owner's responsibilities for maintenance of the individual buildings; g) Provisions to ensure compliance with the Master Plan of Development, including architectural standards; h) Provisions to establish a Master Association to enforce CC&R's. 17. A provision for review and approval by the City Community Residential PS Development Department for any changes to the CC&R's that relate CC&R's to the above requirements prior to the changes being recorded or taking effect. Residential BP CC&R's relating to the residential condos will be deferred until the issuance of the residential unit building permits, or as approved by the City Attorney. The deferred items shall include: a) Homeowners Association shall be established; b) Provisions for maintenance of all common areas including shared residential courtyards and residential parking facilities, amenities, etc; c) Provisions and procedures for dedicated residential parking spaces; d) A detailed list of each individual homeowner's responsibilities for maintenance of the individual units; and e) Provision to ensure compliance with the Master Plan of Development. ITEM NUMBER: DATE: 4-15-08 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services Colony Square Mixed Use BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Master Plan of Development Improvement Plans FM: Final Map PD: Police Department CE: City Engineer Conditional Use Permit 2004-0127 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy 18. A Tentative Tract Map will be required and shall be consistent with all TTM /FM provisions of the Master Plan of Development and conditions contained herein and shall include the following: • Reciprocal access and parking easements shown on the face of the map over common shared areas (exclusive of designated residential parking facilities). 19. Approval of this permit shall include the removal of 4 Native Trees, totaling 82 inches dbh. The applicant shall be required to pay mitigation fees or provide replantings on-site per the requirements of the Atascadero Native Tree Ordinance 20. The project shall continue to provide dedicated access to the adjacent Rancho -Tee Motel. 21. Staff may remove up to 14 parking spaces to address on-site vehicle BP, GP PS, BS exit queing onto EI Camino Real; drop-off/loading zone in front of theater entrance; and increasing pedestrian area within the "convertible parking" area. 22. Adjust the existing grade change at the Santa Ysabel driveway BP, GP CE (between the Cowgirl Cafe and Citibank property) for improved visibility entering and exiting the project site. City Engineer Conditions PROJECT SPECIFIC CONDITIONS BP, GP CE Public Improvements (Prosect Frontage): 23. EI Camino Real: The existing curb gutter and sidewalk along the BP, GP CE project frontage shall be replaced with materials and furniture from the approved "Atascadero Streetscape" material and furniture. This will include pavers and colored concrete sidewalk, street trees and grates, benches, street lights, garbage cans and recycle containers. 24. Storm water: Currently storm water enters the site from the main BP, GP CE driveway on EI Camino Real in an uncontrolled fashion. This storm water shall be collected in a storm drain inlet and drained to Atascadero Creek. This can be accomplished in EI Camino Real or through the project site. 25. Transit stop: An Atascadero Transit bus stop shall be constructed BP, GP CE at the project frontage and shall include a shelter, bench and trash receptacle. 26. Passenger Loading: A passenger loading zone will be constructed BP, GP CE along the project frontage. This loading zone will not conflict with the transit stop. ITEM NUMBER: DATE: 4-15-08 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services Colony Square Mixed Use BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Master Plan of Development Improvement Plans FM: Final Map PD: Police Department CE: City Engineer Conditional Use Permit 2004-0127 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy 27. Cooperation related to Public Improvements: The applicant shall BP, GP CE cooperate and provide any needed access to his property in regard to all public improvements that may need to be installed, by the City, fronting or adjacent to his property. This includes but is not limited to all medians, sidewalks, streetscape and the pedestrian bridge. 28. Driveway Closure: The project proposes to create a right in FM CE driveway across EI Camino Real for the current Denny's restaurant and to incorporate the left out component with Rabobank's driveway (the driveways across EI Camino Real shall line up with project's Driveway) in order to improve traffic circulation and safety through the construction of a center median in EI Camino Real. Approval from both businesses and all affected property owners must be obtained to complete this work. The applicant shall acquire all easements, agreements, and or title interest in offsite land in order to realign the driveways with the applicants proposed driveway. The Applicant shall be responsible for any onsite private improvements on the above mentioned landowner's property. The applicant shall provide the City with electronic and hard copies of all approved public improvement plans. 29. Crosswalk: This project proposes a mid -block crosswalk at the BP, GP CE project entrance on EI Camino Real. This crosswalk must be designed by a Civil Engineer with experience in pedestrian crossing design. The Applicants Civil Engineer shall provide a letter to the City Engineer stating that the proposed mid -block crosswalk design meets acceptable standards and warrants for pedestrian safety. Consideration in the design shall be given for site distance, vehicle volume and speed, road width, pedestrian refuge, and other considerations. If the crosswalk can not be designed to provide pedestrian crossing that will meet acceptable standards, the crosswalk will not be allowed. 30. Street repair: All trenches cuts or work in the asphalt surface shall BP, GP CE be repaired to Public Works Standards. All cuts will be saw cut square and even. Small groups of cuts will not be allowed. The repair shall provide a final smooth driving surface. 31. Santa Ysabel Ave (SR 41) and Capistrano Ave.: All existing BP, GP CE sidewalk, curbs and gutter and curb ramps shall be smooth, and even without uplifting or major cracks. Any facility not meeting this condition shall be replaced. Public Improvement plans shall be submitted detailing the design. 32. All public improvements shall be constructed in conformance with the BP, GP CE City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. Any work on State Route 41/Santa Ysabel Ave shall be approved by Caltrans. ITEM NUMBER: DATE: 4-15-08 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services Colony Square Mixed Use BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Master Plan of Development Improvement Plans FM: Final Map PD: Police Department CE: City Engineer Conditional Use Permit 2004-0127 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy Public Works Improvements (On Site): BP, GP CE 33. All on-site public works improvements will meet City of Atascadero FM CE Standards. This includes driveways, sidewalks, parking, drainage, landscaping, lighting, and other public works facilities. 34. The applicant shall make a good faith effort to connect to the adjacent FM CE bank parking lot and eliminate the existing bank driveway that accesses Santa Ysabel Ave/SR 41. The applicant shall document such good faith efforts and present all documentation of such to the City Engineer who may waive the requirement. Drainage: FM CE 35. This project proposes to convey all storm water to Atascadero Creek BP, GP CE in two existing culvert systems. One is an existing 12 inch storm drain and the other is (3) 60 inch storm drains. 36. Drainage calculation. Drainage calculations shall be produced BP, GP CE considering all areas tributary to this property. These calculations shall be in conformance the City of Atascadero Engineering Standards. Submit calculations to support the design of any structures or pipes. Closed conduits shall be designed to convey the 10 -year flow with gravity flow; the 25 -year flow with head, and provide safe conveyance for the 100 -year overflow. 37. A Storm Water Pollution Prevention Plan shall be produced and BP, GP CE approved by the Regional Water Quality Control Board and the City of Atascadero. These plans shall recommend mitigation measure during and after construction to eliminate point and non point source pollution into Atascadero Creek. A filter system, mechanical or non, shall be installed with this project. This system shall comply with the intent of National Pollution Discharge Elimination System, Phase II requirements. 38. Obtain approval by the City Engineer of the grading & drainage plan and the storm drain design & facilities. 39. Acquire drainage easements where needed. Drainage shall cross lot BP, GP WW lines only where a drainage easement has been provided. 40. Concentrated drainage from off-site areas shall be conveyed across BP, GP WW the project site in drainage easements. Wastewater: BP, GP WW 41. Drainage piping serving fixtures which have flood level rims located BP, GP WW below the elevation of the next upstream manhole cover of the public ITEM NUMBER: DATE: 4-15-08 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services Colony Square Mixed Use BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Master Plan of Development Improvement Plans FM: Final Map PD: Police Department CE: City Engineer Conditional Use Permit 2004-0127 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy 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. 42. All sewer main taps will be done by the City of Atascadero. The developers shall pay a sewer tap fee. 43. Sewer connection permit shall be issued separately (from building BP, GP CE permit) after public sewer extension has been completed and has received a satisfactory final Public Works inspection. Final project inspection shall be contingent upon completion of the public sewer extension and Public Works final inspection. Solid Waste Conditions: 44. Atascadero Waste Alternative shall approve the location, size and BP CE design of all solid waste facilities. The facilities shall include room for recycling and green waste containers. The location of the facilities will take into account the collection of the solid waste. STANDARD CONDITIONS CE 45. In the event that the applicant is allowed to bond for the public FM CE improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 46. An engineer's estimate of probable cost shall be submitted for FM CE review and approval by the City Engineer to determine the amount of the bond. 47. The Subdivision Improvement Agreement shall record concurrently FM CE with the Final Map. 48. The applicant shall enter into a Plan Check/Inspection agreement BP CE with the City. 49. The applicant shall acquire title interest in any off-site land that may FM CE 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. 50. Slope easements shall be obtained by the applicant as needed to FM CE accommodate cut or fill slopes. 51. Drainage easements shall be obtained by the applicant as needed FM CE ITEM NUMBER: DATE: 4-15-08 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services Colony Square Mixed Use BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Master Plan of Development Improvement Plans FM: Final Map PD: Police Department CE: City Engineer Conditional Use Permit 2004-0127 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy to accommodate both public and private drainage facilities. 52. A preliminary subdivision guarantee shall be submitted for review in FM CE conjunction with the processing of the parcel map. 53. The Final Map shall be deemed acceptable to the City Engineer FM CE prior to the map being placed on the agenda for City Council acceptance. 54. Prior to recording the Final Map, the applicant shall pay all FM CE outstanding plan check/inspection fees. 55. Prior to recording the Final Map, the applicant shall complete all FM CE improvements required by these conditions of approval or bond for them. 56. Prior to recording the Final Map, the applicant shall set monuments FM CE 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. 57. Prior to recording the Final Map, the applicant shall submit a map FM CE 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. 58. All existing and proposed utility, pipeline, open space, or other FM 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. 59. Prior to recording the Final Map, the applicant shall have the Map FM CE reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company indicating their review of the map. The letter shall identify any new easements that may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the Parcel Map. 60. Prior to the issuance of building permits the applicant shall submit BP CE 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. 61. The applicant shall be responsible for the protection, relocation and/or FM CE ITEM NUMBER: DATE: 4-15-08 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services Colony Square Mixed Use BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Master Plan of Development Improvement Plans FM: Final Map PD: Police Department CE: City Engineer Conditional Use Permit 2004-0127 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy alteration of existing utilities. 62. The applicant shall install all new utilities (water, gas, electric, cable TV FM CE and telephone) underground. 63. The applicant shall monument all property corners for construction FM CE control and shall promptly replace them if disturbed. 64. Prior to issuance of building permits, the applicant shall submit a BP, GP CE grading and drainage plan with a separate sheet(s) devoted to sedimentation and erosion control, prepared by a registered civil engineer for review and approval by the City Engineer. 65. Prior to the final inspection, all outstanding plan check and inspection BP, GP CE fees shall be paid. 66. Prior to the final inspection, the applicant shall submit a written FM CE statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans and the Uniform Building Code (UBC). Atascadero Mutual Water Company 67. Before the issuance of building permits, the applicant shall submit GP, BP CE 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. 68. Before issuance of building permits, the applicant shall obtain a F "Will Serve" letter from AMWC for the newly created lots within the subdivision. 69. The water mains required to serve the project shall be laid out in a grid or looped pattern and shall connect to the existing water mains system in EI Camino Real, Morro Rd., and Santa Ysabel Ave. 70. The applicant shall provide AMWC with easements for those water facilities proposed for operation and maintenance by AMWC that are constructed outside of publicly maintained right-of-ways. AMWC shall review the form and content of the easements before recordation. 71. The applicant shall submit a hydraulic analysis with the first plan 6p,ap 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 ITEM NUMBER: DATE: 4-15-08 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services Colony Square Mixed Use BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Master Plan of Development Improvement Plans FM: Final Map PD: Police Department CE: City Engineer Conditional Use Permit 2004-0127 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy 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. 72. The applicant shall obtain a separate landscape -irrigation meter(s) op-ap CE from AMWC for the common areas within the project. 73. Landscaping for the common areas shall be drought -tolerant. a,1 74. Before construction of the water system improvements, AMWC 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. Mitigation Measures AESTHETICS: BP PS, BS, CE 1.c.1 Mitigation Measure 1.c.1: The following landscape mitigations shall apply: ■ The project shall include landscaping of all common areas, including slopes, streetscapes, parking lot shade trees and street trees. ■ The project shall include entryway feature landscaping and multi -family common area landscaping. ■ All proposed on-site trees shall be 15 -gallon minimum size, double - staked. Street and parking lot trees shall be selected to provide shade over paved areas and pedestrian pathways to reduce urban heat buildup, improve air quality, and provide visual unity to the streetscape. ■ Common area and public outdoor furniture, lighting fixtures, trash receptacles, and signage shall be of architectural quality and durability. Mitigation Measure 1.c.2: The proposed development shall include the use BP PS, BS, CE 1.c.2 of paint and roof colors designed to compliment the architectural theme and reduce the potential for reflected light and glare. ITEM NUMBER: DATE: 4-15-08 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services Colony Square Mixed Use SIP: Subdivision FD: Fire Department Master Plan of Development Improvement Plans FM: Final Map PD: Police Department CE: City Engineer Conditional Use Permit 2004-0127 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy Mitigation Measure 1.c.3: Directional signage shall be incorporated into the BP PS, BS, CE 1.c.3 project in style and compatibility with the proposed project. Any sign lighting shall be low-level external lighting. Mitigation Measure 1.d.1: On-site street and parking lot lighting shall be BP PS, BS, CE 1.d.1 designed to eliminate any off site glare. All exterior site lights shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. Pedestrian luminaire pole heights shall not exceed 12 feet in height, and all street and parking lot lighting shall not exceed 16 -feet in height, limit intensity to 2.0 foot candles at ingress/egress, and shall otherwise be within a range of 0.6 foot candle minimum to 1.0 maximum. Fixtures shall be shield cut-off type and compatible with downtown setting, subject to staff approval. ITEM NUMBER: DATE: 4-15-08 Conditions of Approval / Mitigation Monitoring Program Colony Square Mixed Use Master Plan of Development Conditional Use Permit 2004-0127 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 Mitigation Measure 3.b: Each development phase shall be conditioned to BP, GP PS, BS, CE 3.b comply with all applicable District regulations pertaining to the control of construction equipment exhaust emissions and fugitive dust (PM -10) emissions from construction activities as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. Section 6.3: Construction Equipment ■ Maintain all construction equipment in proper tune according to manufacturer's specifications. ■ Fuel all off-road and portable diesel powered equipment, including but not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power units, with ARB certified motor vehicle diesel fuel (Non -taxed version suitable for use off-road). ■ Maximize to the extent feasible, the use of diesel construction equipment meeting the ARB's 1996 or newer certification standard for off-road heavy-duty diesel engines. ■ All on and off-road diesel equipment shall not be allowed to idle for more than 5 minutes. Signs shall be posted in the designated queuing areas to remind drivers and operators of the 5 minute idling limit. ■ Install diesel oxidation catalysts (DOC), catalyzed diesels particulate filters (CDPF) or other District approved emission reduction retrofit services (Required for projects grading more than 4.0 acres of continuously worked area). The determination of the quantity and type of diesel emission control devices that are appropriate for the project must be performed in consultation with APCD staff three months prior the start of the construction phase. Some consideration will include: amount of cut & fill, age of fleet, project duration and proximity to sensitive receptors. The APCD is concerned about the proximity of this redevelopment project to sensitive receptors such as Atascadero Junior High School. Sensitive receptors may be a consideration in the APCD's decisions regarding the appropriate mitigation for the construction phase diesel emissions. Section 6.4: Activity Management Techniques ■ Develop a comprehensive construction activity management plan designed to minimize the amount of large construction equipment operating during any given time period. ■ Schedule construction truck trips during non -peak hours to reduce peak hour emissions. ■ Limit the length of the construction workday period, if necessary. ■ Phase construction activities, if appropriate. ITEM NUMBER: DATE: 4-15-08 Conditions of Approval / Mitigation Monitoring Program Colony Square Mixed Use Master Plan of Development Conditional Use Permit 2004-0127 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 Section 6.5: Fugitive PM10 BP,GP PS, BS, CE 3.b All of the following measures shall be included on grading, demolition and building plan notes: M. Reduce the amount of the disturbed area where possible. N. 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. O. All dirt stockpile areas should be sprayed daily as needed. P. 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. Q. 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. R. 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. S. 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. T. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. U. 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. V. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment before leaving the site. W. 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. X. 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: 4-15-08 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services Colony Square Mixed Use BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Master Plan of Development Improvement Plans FM: Final Map PD: Police Department CE: City Engineer Conditional Use Permit 2004-0127 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy Mitigation Measure 3.b.2: Demolition Activities BP, GP PS,BS, APCD 3.b.2 The project referral indicated that there are existing structures on the proposed site that will be demolished. Demolition activities can have potential negative air quality impacts, including issues surrounding proper handling, demolition, and disposal of asbestos containing material (ACM). Asbestos containing materials could be encountered during demolition or remodeling of existing buildings. Asbestos can also be found in utility pipes/pipelines (transite pipes or insulation on pipes). If utility pipelines are scheduled for removal or relocation; or building(s) are removed or renovated this project may be subject to various regulatory jurisdictions, including the requirements stipulated in the National Emission Standard for Hazardous Air Pollutants (40CFR61, Subpart M - asbestos NESHAP). These requirements include but are not limited to: 1) notification requirements to the District, 2) asbestos survey conducted by a Certified Asbestos Inspector, and, 3) applicable removal and disposal requirements of identified ACM. Please contact Tim Fuhs of the Enforcement Division at 781-5912 for further information. Mitigation Measure 3.b.3: Naturally Occurring Asbestos BP, GP PS,BS, APCD 3.b.3 The project site is located in a candidate area for Naturally Occurring Asbestos (NOA), which has been identified as a toxic air contaminant by the California Air Resources Board (ARB). Under the ARB Air Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface Mining Operations, prior to any grading activities at the site, the project proponent shall ensure that a geologic evaluation is conducted to determine if NOA is present within the area that will be disturbed. If NOA is not present, an exemption request must be filed with the District (see Attachment 1). If NOA is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM. This may include development of an Asbestos Dust Mitigation Plan and an Asbestos Health and Safety Program for approval by the APCD. Please refer to the APCD web page at: http://www.slocleanair.org/business/asbestos.asp for more information or contact Tim Fuhs of our Enforcement Division at 781-5912. Mitigation Measure 3.b.4: Construction Phase Permitting BP, GP BS, PS, CE, 3.b.4 Portable equipment, 50 horsepower (hp) or greater, used during APCD construction activities may require California statewide portable equipment registration (issued by the California Air Resources Board) or a District permit. The following list is provided as a guide to equipment and operations that may have permitting requirements, but should not be viewed as exclusive. • Portable generators (50 hp or greater) • Concrete batch plants • Rock and pavement crushing • Tub grinders • Trommel screen Mitigation Measure 3.b.5 BP, GP BS, PS, CE, 3.b.5 Provide Transit bus stop and transit stop enhancements to serve project APCD site. ITEM NUMBER: DATE: 4-15-08 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services Colony Square Mixed Use SIP: Subdivision FD: Fire Department Master Plan of Development Improvement Plans FM: Final Map PD: Police Department CE: City Engineer Conditional Use Permit 2004-0127 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy Mitigation Measure 3.b.6 BP, GP BS, PS, CE, 3.b.6 Provide incentives to employees to carpool/vanpool, take public APCD transportation, telecommute, walk, bike, etc by implementing the Transportation Choices Program. The applicant should Contact SLO Regional Rideshare at 541-2277 to receive free consulting services on how to start and maintain a program. Mitigation Measure 3.b.7 BP, GP BS, PS, CE, 3.b.7 Provide pedestrian signage and signalization to improve pedestrian safety. APCD Mitigation Measure 3.b.8 BP, GP BS, PS, CE, 3.b.8 Provide continuous pedestrian walkways separated from the roadway by APCD landscaping and on street parking, as feasible. Mitigation Measure 3.b.9 BP, GP, BS, PS, CE, 3.b.9 Implement on-site circulation design element in parking lots to reduce APCD vehicle queuing and improve the pedestrian and bicycle environment. Mitigation Measure 3.b.10 BP, GP BS, PS, CE, 3.b.10 Provide engineered connections between the project and the existing APCD network of bicycle routes/paths, as feasible. Mitigation Measure 3.b.11 BP, GP BS, PS, CE, 3.b.11 Provide on-site long and short term secure bicycle parking for residential APCD and commercial elements of the project. Mitigation Measure 3.b.12 BP, GP BS, PS, CE, 3.b.12 Include internal wiring/cable in dwelling units and office buildings that APCD enables multiple points where telecommuting, telelearning and teleconferencing can occur simultaneously. Mitigation Measure 3.b.13 BP, GP PS, BS, CE, 3.b.13 Increase the building energy efficiency rating by 10% above what is required APCD by Title 24 requirements. This can be accomplished in a number of ways (increasing attic, wall, or floor insulation, installing double pane windows, using efficient interior lighting, etc.). Mitigation Measure 3.b.14 BP, GP PS, BS, CE, 3.b.14 Provide outdoor electrical outlets to encourage the use of electric appliances APCD and tools. Mitigation Measure 3.b.15 BP, GP PS, BS, CE, 3.b.15 Use built-in energy efficient appliances. APCD Mitigation Measure 3.b.16 BP, GP PS, BS, CE, 3.b.16 Use low energy parking lot and street lights. APCD ITEM NUMBER: DATE: 4-15-08 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services Colony Square Mixed Use SIP: Subdivision FD: Fire Department Master Plan of Development Improvement Plans FM: Final Map PD: Police Department CE: City Engineer Conditional Use Permit 2004-0127 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy BP, GP PS, BS, CE, 3.b.17 Mitigation Measure 3.b.17 APCD The following uses could be problematic if residential quarters are included in the same building and are not recommended by APCD: • Nail Salons • Dry-cleaners • Coffee Roasters • Gasoline Stations • Furniture refurbishing/refinishing • Any type of Spray Paint Operation BIOLOGICAL RESOURCES: BP, GP PS, BS 4.e.1 Mitigation Measure: 4.e.1: The Precise Grading Plan shall identify tree protection fencing around the dripline of each existing on-site tree identified for retention within 20 feet of construction activity. Mitigation Measure 4.e.2: The building permit site plan shall identify all BP, GP PS, BS 4.e.2 protection and enhancement measures recommended by the Certified Arborist in the Tree Protection Plan which shall be submitted prior to permit issuance. Tree protection fencing shall be installed at the locations identified in the Tree Protection Plan and/or as recommended by the project arborist. ITEM NUMBER: DATE: 4-15-08 Conditions of Approval / Mitigation Monitoring Program Colony Square Mixed Use Master Plan of Development Conditional Use Permit 2004-0127 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 Mitigation Measure 4.e.3: Trees proposed for removal shall be replaced on BP, GP PS, BS 4.e.3 site as 15 gallon minimum size trees at a 4:1 ratio. All tree impact/replacement mitigation shall be consistent with Atascadero Municipal Code Section 9-11.105. The certified arborists report shall be responsible for monitoring the project during all phases of construction through project completion, as follows: (a) A written agreement between the arborist and the developer outlining an arborist monitoring schedule for each construction phase through final inspection shall be submitted to and approved by planning staff prior to the issuance of building/grading permits. (b) Arborist shall schedule a pre -construction meeting with engineering /planning staff, grading equipment operators, and the project superintendent to review the project conditions and requirements prior to any grubbing or earth work for any portion of the project site. All tree protection fencing, root zone fencing trunk protection, and any other precautions shall be installed for inspection during the meeting. (c) As specified by the arborist report and City staff: • Prune all trees in active development areas to be saved for structural strength and crown cleaning by a licensed and certified arborist. • Remove all debris and spoils from the lot cleaning and tree pruning. • In locations where paving is to occur within the tree canopy, grub only and do not grade nor compact. Install porous pavers over a three-inch bed of % 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 of any development phase final status report shall be prepared by the project arborist certifying that the tree protection plan was implemented, the trees designated for protection were protected during construction, and the construction -related tree protection measures are no longer required for tree protection. ITEM NUMBER: DATE: 4-15-08 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services Colony Square Mixed Use BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Master Plan of Development Improvement Plans FM: Final Map PD: Police Department CE: City Engineer Conditional Use Permit 2004-0127 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy Mitigation Measure 4.e.4: Grading and excavation work shall be consistent BP,GP PS,BS 4.e.4 with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: • All existing trees outside of the limits of work shall remain. • Earthwork shall not exceed the limits of the project area. • Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. • Vehicles and stockpiled material shall be stored outside the dripline of all trees. • All trees within the area of work shall be fenced for protection with 4 - foot chain link, snow or safety fencing placed per the approved tree protection plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing shall remain in place until completion of all construction activities. • Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal GEOLOGY AND SOILS: GP PS, BS, CE 6.b.1 Mitigation Measure 6.b.1: The Building Permit Application plans shall include erosion control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. Mitigation Measure 6.b.2: All cut and fill slopes shall be treated with an GP PS, BS, CE 6.b.2 appropriate erosion control method (erosion control blanket, hydro -mulch, or straw mulch appropriately anchored) immediately after completion of earthwork between the months of October 15 through April 15. All disturbed slopes shall have appropriate erosion control methods in place. Duration of the project: The contractor will be responsible for the clean up of any mud or debris that is tracked onto public streets by construction vehicles. Mitigation Measure 6.c.d.1: A site-specific soils report shall be required to BP, GP PS, BS, CE 6.c.d.1 be submitted with a future building permit by the community development department. The building plans will be required to follow the recommendations of the soils report to assure safety for occupants and buildings. ITEM NUMBER: DATE: 4-15-08 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services Colony Square Mixed Use BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Master Plan of Development Improvement Plans FM: Final Map PD: Police Department CE: City Engineer Conditional Use Permit 2004-0127 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy HYDROLOGY AND WATER QUALITY: TO, FI PS, BS, FD 8.0.1 Mitigation Measure 8e.f.1: A Storm Water Pollution Prevention Plan (SWPPP)/Erosion Control Plan shall be submitted by the applicant and reviewed and approved by the City Engineer prior to the issuance of the building permit. The plan shall include storm water measures for the operation and maintenance of the project for the review and approval of the RWQCD and the City Engineer. The Building Permit application plans shall identify Best Management Practices (BMPs) appropriate to the uses conducted on site that effectively prohibit the entry of pollutants into storm water runoff. Mitigation Measure 8.e.f.2: The developer is responsible for ensuring that GP PS, BS, CE 8e.f.2 all contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop work orders. Mitigation Measure 8.e.1: The proposed storm drain system, including the GP PS, BS, CE 8.e.1 on-site drainage basins, shall be designed per the City of Atascadero Engineering standards, subject to review and approval of the City Engineer. NOISE: GP, BP PS, BS, CE 11.a.b.1 Mitigation Measure 11.a.b.1: All construction activities shall comply with the City of Atascadero Noise Ordinance for hours of operation. Failure to comply with the noise ordinance may result in withholding of inspections and possible construction prohibitions, subject to the review and approval of the Community Development Director, and in addition to penalties identified in the Ordinance. TRANSPORTATION/TRAFFIC: BP, CE PS, BS, CE 15.f.1 Mitigation Measure 15.f.1: The project entrance on EI Camino Real shall operate at Level of Service "C" or better during am and pm peak hour traffic flow. The existing driveways across EI Camino Real from the project entrance, Denny's Restaurant and Rabobank, shall be incorporated into one driveway that is directly across the entrance. Landscaped medians with turn pockets will be placed on EI Camino Real to control turning movements. Traffic signal or other traffic control device may be place in order to achieve Level of Service "C". This device shall be approved by Caltrans and Public Works to be sure it does not conflict with existing traffic control on EI Camino Real. Mitigation Measure 15.f.2: A pedestrian crossing shall be constructed BP, CE PS, BS, CE 15.f.2 across EI Camino Real. This pedestrian crossing will be designed and constructed to allow pedestrians sufficient time to cross EI Camino Real and provided sufficient site distance and warning for vehicles to stop for the pedestrians. A refuge area will be placed in the median in EI Camino Real for pedestrians. ITEM NUMBER: DATE: 4-15-08 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services Colony Square Mixed Use BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Master Plan of Development Improvement Plans FM: Final Map PD: Police Department CE: City Engineer Conditional Use Permit 2004-0127 TO: Temporary Occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy Mitigation Measure 15.f.4: The intersection of Capistrano, Lewis Avenue, BP, CE PS, BS, CE 15JA and the project entrance shall be a 4 way stop with crosswalks. Mitigation Measure 15.f.5: A transit stop shall be incorporated into the BP, CE PS, BS, CE 15J.5 project frontage along EI Camino Real. The transit stop shall have a turn out, signage and shelter designed to City Standards and approved by Atascadero Transit. Mitigation Measure 15.f.6: Passenger drop off zone will be incorporated into BP, CE PS, BS, CE 15.f.6 the project frontage on EI Camino Real. This drop off zone will not conflict with the transit stop. BP, CE PS, BS, CE 15.f.7 Mitigation Measure 15.f.7: The interior circulation system shall allow vehicles to access to the 3 project driveways with clear and unobstructed travel. The parking lot and parking spaces shall be designed per the Municipal Code 9-4. Parking spaces shall be set back far enough from the project entrances to allow vehicles to enter the site without having to wait on the City street for vehicles backing out of parking spaces. BP, CE PS, BS, CE 15.f.8 Mitigation Measure 15.f.8: The project applicant shall acquire one or more written legal parking agreements with property owners of adjacent or nearby parking sites for an amount to satisfy maximum peak parking demands (as identified in Table B) during the any day of the week . The parking agreement shall be approved by the City prior to issuance of building permit.