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Home My WebLink AboutPC_2006-08-15_AgendaPacketCITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Tuesday, August 15, 2006 — 7:00 P.M. City Hall Council Chambers 6907 El Camino Real Atascadero, California CALL TO ORDER Pledge of Allegiance Roll Call: Chairperson Beraud Vice Chairperson O'Keefe Commissioner Fonzi Commissioner Jones Commissioner Kelley Commissioner Porter Commissioner Slane PLANNING COMMISSION BUSINESS APPROVAL OF AGENDA 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 five 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 August 15, 2006 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 AUGUST 1, 2006. 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 five 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).) 2. PLN 2006-1121/TENTATIVE PARCEL MAP 2006-0085 Owner: Kelly Gearhart, Morro Road Homes, LLC, 6205 Alcantara Ave., Atascadero, CA 93422 Project Title: PLN-2006-1121/Tentative Parcel Map 2006-0085 Project 8905 Montecito Road, Atascadero, CA 93422 Location: (San Luis Obispo County) APN 056-071-012 Project The proposed subdivision of a commercial property to create 3 commercial parcels. Description: General Plan Designation: GC Zoning District: CT Proposed Categorical Exemption: CEQA Section 15315: Minor Land Divisions Environmental have slopes of greater than 20%. There are several native trees on the property. Onsite septic Determination: will serve the property and water is available from Atascadero Mutual Water Company. 3. PLN 2006-0109/TENTATIVE PARCEL MAP 2006-0082 Owner: David Graves, 4155 Carrizo Road, Atascadero, CA 93422 Project Title: PLN 2099-0109/Tentative Parcel Map 2006-0082 (AT 05-0278) Project 3625 Ardilla Road, Atascadero, CA 93422, Location: San Luis Obispo County APN 054-043-006 Project A proposed subdivision of an existing 5.8 net acre lot into two individual parcels of 2.88 and Description: 2.91 gross acres. The site is currently vacant and is proposed to be developed with 2 single family residences. The lot split will provide 2 parcels with road frontage on Ardilla Road. The parent parcel has an average slope of greater than 20% and both proposed building envelopes have slopes of greater than 20%. There are several native trees on the property. Onsite septic will serve the property and water is available from Atascadero Mutual Water Company. General Plan Designation: Rural Estate (RE) Zoning District: Residential Suburban (RS) City of Atascadero Planning Commission Agenda Regular Meeting August 15, 2006 Page 3 of 4 Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration is Environmental proposed. The proposed Negative Declaration is available for public review from 7/27/06 Determination: through 8/15/06 at 6907 El Camino Real, Community Development Department, from 8:00 a.m. to 5:00 .m., Monday through Friday. 4. PLN 2099-0922/ZCH 2005-0107/CUP 2005-0171/TTM 2004-0059 Owner. Gary & Mary P. Tharp, 5255 Traffic Way, Atascadero, CA 93422 Applicant: Jim Beck, 8665 Morro Road Suite E, Atascadero, CA 93422 Project Title: PLN 2099-0922/Zone Change 2005-0107, CUP 2005-0171, TTM 2004-0059 Project 2865 Ferrocarril, Atascadero, CA 93422 Location: (San Luis Obispo County) ATN 049-022-011 Project An application for a Zone Change, Conditional Use Permit, and Tentative Tract Map for a 5 Description: lot residential subdivision that will be developed under the requirements of the Planned Development Overlay #16 which allows for a clustered development in exchange for restricted open space areas. Chico Road is proposed for extension to access a cluster of four (1) one -acre lots. The existing house and support structures (except the barn, proposed for removal) will remain on proposed Lot 5. Proposed Lot 5 will continue to be accessed from the existing driveway off Ferrocarril Road. The riparian area along northeast side of the property will be preserved by an open space easement of approximately 1.57 acres. Project design also includes a pedestrian and equestrian trail to access the River Parcel from the Chico Road extension. No native trees are proposed for removal. General Plan Designation: Suburban Estate (SE) Zoning District: Residential Suburban (RS) 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 from Determination: July 27, 2006 through August 15, 2006 at 6907 El Camino Real, Community Development Department, from 8:00 a.m. to 5:00 p.m., Monday through Friday. COMMISSIONER COMMENTS AND REPORTS DIRECTOR'S REPORT ADJOURNMENT The next regular meeting of the Planning Commission will be on September S, 2006 at City Hall, Council Chambers, 6907 El Camino Real, Atascadero. Please note: Should anyone challenge in court any proposed development entitlement listed on this Agenda, that person may be limited to raising those issues addressed at the public hearing described in this notice or in written correspondence delivered to the Planning Commission at, or prior to this public hearing. City of Atascadero Planning Commission Agenda Regular Meeting August 15, 2006 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 5 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: 8-15-06 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting Tuesday, August 1, 2006 — 7:00 P.M. Chairperson Beraud called the meeting to order at 7:00 p.m. and Commissioner Jones led the Pledge of Allegiance. ROLL CALL Present: Commissioners Fonzi, Jones, Kelley, Porter, Slane, O'Keefe and Chairperson Beraud Absent: None Staff Present: Community Development Director Warren Frace, Deputy Community Development Director Steve McHarris, Assistant Planner Callie Ford and Recording Secretary Grace Pucci. PLANNING COMMISSION BUSINESS APPROVAL OF AGENDA MOTION: By Vice Chairperson O'Keefe and seconded by Commissioner Porter to approve the agenda. Motion passed 7:0 by a roll -call vote. PUBLIC COMMENT None PC Draft Minutes 08/01/06 Page 1 of 5 CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON JULY 18, 2006. MOTION: By Commissioner Fonzi and seconded by Commissioner Kelley to approve Item #1. Motion passed 5:0 by a roll -call vote. (Jones, Porter abstained) COMMUNITY DEVELOPMENT STAFF REPORTS PUBLIC HEARINGS 2. PLN 2006-1113/Conditional Use Permit 2006-0183 Owner: Michael & Lorraine Wahlberg, 1109 Putter Ave., Paso Robles, CA 93446 Applicant: Atascadero Waste Alternatives, 7675 San Luis Ave., Atascadero, CA 93422 Project Title: PLN 2006-1113 / Conditional Use Permit 2006-0183 Project Location: 7675 San Luis Ave., Atascadero, CA 93422 APN 030-241-020 Project Description: The project consists of an application to install an 8 foot privacy fence and frontage improvements. General Plan Designation: SC (Service Commercial) Zoning District: CS (Commercial Service) Proposed Categorical Exemption Environmental Determination: Assistant Planner Callie Ford gave the staff report and answered questions of the Commission. PUBLIC COMMENT Keith Ramsey, District Manager Atascadero Waste Alternative, gave a brief report on the proposed project. Debra Eckhart stated she lives behind the Waste Plant and at this time there is no boundary between her property and the plant. She would like to see a visual block of some kind as it is currently visually unattractive and noisy. Keith Ramsey stated he would call Ms. Eckhart tomorrow to deal with her concerns. Chairperson Beraud closed the Public Comment period. PC Draft Minutes 08/01/06 Page 2 of 5 Commissioner Kelley stated he has trouble with design not the fence height. He would like to see something more decorative because it is on the main thoroughfare through town. Commissioner Fonzi indicated she would like to see the applicant work with staff to come up with a different design. Commissioner Porter stated he would like to condition the project so it can move forward, but he thinks the fence needs some decorative aspect. Commissioner Slane said he has no problem with the 8 -foot height as long as the fence has an attractive design. Vice Chairperson O'Keefe commented that she would like to see a combination of materials with the concrete block. She expressed concern with the use of lattice because it is not durable. Chairperson Beraud was pleased that there will be landscaping to break up the wall, but agrees that some design element would add more texture in a very visible location. MOTION: By Commissioner Kelley and seconded by Commissioner Slane to adopt Resolution No. PC 2006-0068 to approve Conditional Use Permit 2006-0183 based on findings and subject to conditions of approval, and one of the conditions to be that the applicant works with city staff on redesigning the fence to the satisfaction of the city staff and keeping in mind cost restraints, and that if the city staff and the applicant cannot come to an agreement on the design that it comes back to the Planning Commission, and that the fence would cover all three street frontages on San Luis Avenue. Motion passed 5:2 by a roll -call vote. (O'Keefe, Beraud opposed) Vice Chairperson O'Keefe stated for the record that she voted no because she thinks staff should have the option of being able to include some other materials, and at this point it is too narrowly defined given that this is a high profile area. Chairperson Beraud stated for the record she voted no for the same reason as Vice Chairperson O'Keefe. 3. PLN 2099-0426/Tentative Parcel Map 2004-0067 Amendment Owners: Brian & Emily Armet, 2455 Monterey Rd., Atascadero, CA 93422 Project Title: TPM 2004-0067 Amendment PC Draft Minutes 08/01/06 Page 3 of 5 Project Location: 2455 Monterey Road, Atascadero, CA 93422 (San Luis Obispo County) APN 049-201-003 Project The proposed project consists of an application to amend the building Description: envelope on Parcel 2. General Plan Designation: RE (Rural Estates) Zoning District: RS (Residential Suburban) Proposed Consistent with previously certified Mitigated Negative Declaration Environmental Determination: Assistant Planner Callie Ford gave the staff report and answered questions of the Commission. PUBLIC COMMENT Brian Armet, applicant, spoke about his request and answered questions of the Commission. Chairperson Beraud closed the Public Comment period. MOTION: By Commissioner Kelley and seconded by Commissioner Fonzi to adopt Resolution PC 2006-0070 approving an amendment to Tentative Parcel Map 2004-0067, based on findings and subject to conditions of approval Motion passed 7:0 by a roll -call vote. COMMISSIONER COMMENTS AND REPORTS Commissioner Kelley asked about the Colony House in the Fetyko project on the north end of town. Community Development Director Warren Frace explained that improvements to the Colony House are part of the subdivision improvements so before the entire project is finaled the house must be completed. DIRECTOR'S REPORT 4. TTM-2002-0021/FMP-2006-0134 Owner: Bruce Barnhard, 10417 Claridge Ct., Bakersfield, CA 93311 Applicant: Westland Enginnering, 3480 S. Higuera St. Ste. 130, San Luis Obispo, CA 93401 Certified Arborist: Ted Elder, Elder & Elder, 1207 Grassy Hollow Way, Paso Robles, CA 93446 PC Draft Minutes 08/01/06 Page 4 of 5 Project Title: TTM 2002-0021 Project 9500 Las Lomas Ave., Atascadero, CA 93422 Location: APN 030-481-005, 030-481-006 Project Status Report on Trees Description: Community Development Director Warren Frace gave the staff report and answered questions of the Commission. There was Commission consensus to direct staff to have the applicant and arborist at the next Planning Commission meeting to answer questions. Director Frace reviewed the agenda for the next Planning Commission meeting. ADJOURNMENT Chairperson Beraud adjourned the meeting at 8:00 p.m. to the next regularly scheduled meeting of the Planning Commission on August 15, 2006. MINUTES PREPARED BY: Grace Pucci, Recording Secretary PC Draft Minutes 08/01/06 Page 5 of 5 ITEM NUMBER: 2 DATE: 8-15-06 Atascadero Planning Commission Staff Report - Community Development Department PLN 2006-1121/TPM 2006-0085 Tentative Parcel Map (AT 06-0113) (Morro Road Homes, LLC) SUBJECT: Proposed subdivision to create three commercial parcels along Montecito Avenue. One building is currently under construction, and one building is in for review at this time. RECOMMENDATION: Staff Recommends: Planning Commission adopt Resolution PC 2006-0072 approving TPM 2006-0085, based on findings and subject to conditions of approval. SITUATION AND FACTS: 1. Applicant/Owners: Morro Road Homes, LLC, Kelly Gearhart, 6205 Alcantara Avenue, Atascadero, CA 93422 2. Project Address: 8905 Montecito Avenue, Atascadero, CA 93422 APN 056-071-012 3. General Plan Designation: General Commercial 4. Zoning District: Commercial Tourist 5. Site Area: 1.19 acres 6. Existing Use: Commercial buildings under construction 7. Environmental Status: Categorically Exempt ITEM NUMBER: 2 DATE: 8-15-06 DISCUSSION: Project Definition The proposed project consists of a Parcel Map to establish three commercial lots bordering Santa Rosa Road, Montecito Avenue, and East Front Road. One commercial building located on proposed parcel one is currently under construction. The proposed building on parcel three is currently under review. Subdivision Design: The proposed commercial subdivision will provide three individual parcels for a commercial center along Montecito Avenue. The applicant is proposing shared parking and access easements across all three parcels and access easements are also provided across the adjacent parcel connecting the project to EI Camino Real. Shared storm water detention facilities are also provided on the adjacent parcel. There is one native oak tree on site that is proposed to remain. Staff has conditioned that prior to the third building permit; the applicant will be required to obtain a Conditional Use Permit to establish a Master Plan of Development over the site, to ensure that future development of the site maintains the landscaping and parking facilities approved with the current building permits (Condition 7). ITEM NUMBER: 2 DATE: 8-15-06 Public Improvements The applicant will be required to provide frontage improvements along East Front Road, Montecito Avenue, and Santa Rosa Road. Based on the topography of the frontage, the applicant is proposing, (and the City Engineer has approved) a detached meandering sidewalk adjacent to the buildings with ramp and stairway connections to the intersection of East Front Road and Santa Rosa Road. General Plan Consistency The subdivision is consistent with the General Plan, General Commercial Land Use Designation, and Commercial Tourist Zoning regulations. Findings 1. The proposed subdivision, as conditioned, is consistent with the General Plan and applicable zoning requirements. 2. The design and improvement, as conditioned, of the proposed subdivision is consistent with the General Plan and applicable zoning requirements. 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 subdivision is consistent with the character of the immediate neighborhood. 6. The design of the subdivision will not conflict with easements acquired by the public at large for access through, or the use of property within, the proposed subdivision; or substantially equivalent alternative easements are provided. 7. The proposed subdivision design and type of improvements proposed will not cause serious public health problems. 8. The proposed subdivision will be accomplished without detriment to the adjacent properties. Proposed Environmental Determination The proposed commercial subdivision is categorically exempt through CEQA section 15315: Minor Land Divisions Conclusion The subdivision, as conditioned, is consistent with the 2002 General Plan and Zoning Ordinance. The proposed commercial subdivision will allow for the independent ownership of commercial buildings while ensuring shared facilities are retained and maintained. Staff recommends the Planning Commission approve Tentative Parcel Map 2006-0085 as conditioned. ITEM NUMBER: 2 DATE: 8-15-06 ALTERNATIVES: 1. The Commission may approve the subdivision subject to additional or revised project conditions. 2. The Commission may deny the subdivision 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: ATTACHMENTS: Attachment 1 -- Attachment 2 -- Kelly Gleason, Associate Planner Location Map Draft Resolution PC 2006-0072 ITEM NUMBER DATE: 8-15-06 ATTACHMENT 1: Location Map (General Plan / Zoning) PLN 2006-1121 Montecito Ave. ITEM NUMBER: 2 DATE: 8-15-06 ATTACHMENT 3: Draft Resolution No. PC 2006-0072 PLN 2006-1121 Montecito Ave. DRAFT RESOLUTION PC 2006-0072 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING TENTATIVE PARCEL MAP 2006-0085 (PLN 2006-1121) TO ESTABLISH THREE PARCELS ON APN 056-071-012 (Morro Road Homes, LLC) WHEREAS, an application has been received from Morro Road Homes, LLC/Kelly Gearhart (6205 Alcantara Avenue, Atascadero, CA 93422) Applicant and Property Owner to consider a project consisting of a Tentative Parcel Map to subdivide one commercial parcel into three parcels; and, and, WHEREAS, the site's current General Plan Designation is General Commercial (GC); WHEREAS, the site's current Zoning District is Commercial Tourist (CT); 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, the project qualifies for a categorical exemption (Section 15315) in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on August 15, 2006, studied and considered Tentative Parcel Map 2006- 0085; and, ITEM NUMBER: 2 DATE: 8-15-06 NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Approval for Tentative Parcel Map, the Planning Commission finds as follows: 1. The proposed subdivision, as conditioned, is consistent with the General Plan and applicable zoning requirements. 2. The design and improvement, as conditioned, of the proposed subdivision is consistent with the General Plan and applicable zoning requirements. 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 subdivision is consistent with the character of the immediate neighborhood. 6. The design of the subdivision will not conflict with easements acquired by the public at large for access through, or the use of property within, the proposed subdivision; or substantially equivalent alternative easements are provided. 7. The proposed subdivision design and type of improvements proposed will not cause serious public health problems. 8. The proposed subdivision will be accomplished without detriment to the adjacent properties. SECTION 2. Approval. The Planning Commission does hereby approve Tentative Parcel Map 2006-0085 (AT 06-0113), subject to the following Conditions and Exhibits: EXHIBIT A: Conditions of Approval EXHIBIT B: Tentative Parcel Map 2006-0085 (AT 06-0113) ITEM NUMBER: 2 DATE: 8-15-06 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: ABSTAINED: ADOPTED: CITY OF ATASCADERO, CA Ellen Beraud Planning Commission Chairperson ATTEST: Warren Frace Planning Commission Secretary ITEM NUMBER DATE: 8-15-06 EXHIBIT A: Conditions of Approval Resolution PC 2006-0072 PLN 2006-1121/TPM 2006-0085 Conditions of Approval Timing Responsibility Mitigation /Monitoring Measure PLN 2006-1121/TPM 2006-0085 AT 06-0113 PM: Parcel Map GP: Grading Prmt PS: Planning Services BP: Building Prmt BS: Building Services TO: Temporary Occupancy FD: Fire Department 8905 Montecito Ave. F0: Final Occupancy PD: Police Department PI: Public Improvements CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company Planning Services 1. The approval of this application shall become final, subject to the PM PS completion of the conditions of approval, 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) of the Zoning Ordinance. 2. Approval of this Tentative Parcel Map shall be valid for two years PM PS after its effective date. At the end of the period, the approval shall expire and become null and void unless an extension of time is granted pursuant to a written request received prior to the expiration date. 3. The Community Development Department shall have the authority PM PS to approve minor changes to the project that (1) result in a superior site design or appearance, and/or (2) address a construction design issue that is not substantive to the Tentative Parcel Map. 4. A parcel map drawn in substantial conformance with the approved PM PS 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. 5. The subdivider shall defend, indemnify, and hold harmless the City Ongoing CA of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the City, or any of its entities, concerning the subdivision. 6. The parcel map shall be subject to additional fees for park or PM PS recreation purposes (QUIMBY Act) as required by City Ordinance. Project Specific Conditions 7. Prior to submittal of a building permit for the building on parcel PM PS 2, the applicant shall obtain a Conditional Use Permit to establish a Master plan of development to include all three parcels. City Engineer Conditions 8. All public improvements shall be constructed in conformance with BP, GP CE the City of Atascadero Engineering Department Standard ITEM NUMBER DATE: 8-15-06 Conditions of Approval Timing Responsibility Mitigation /Monitoring Measure PLN 2006-1121/TPM 2006-0085 AT 06-0113 PM: Parcel Map GP: Grading Pnnt PS: Planning Services BP: Building Prmt BS: Building Services TO: Temporary Occupancy FD: Fire Department 8905 Montecito Ave. FO: Final Occupancy PD: Police Department PI: Public Improvements CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company Specifications and Drawings or as directed by the City Engineer. 9. 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. 10. 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. 11. The Subdivision Improvement Agreement shall record concurrently FM CE with the Final Map. 12. The applicant shall be responsible for the relocation and/or BP, GP CE alteration of existing utilities. 13. The applicant shall install all new utilities (water, gas, electric, cable BP, GP CE TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 14. The applicant shall monument all property corners for construction FM CE control and shall promptly replace them if disturbed. 15. 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. 16. Slope easements shall be provided as needed to accommodate FM CE cut of fill slopes. 17. Drainage easements shall be provided as needed to accommodate FM CE both public and private drainage facilities. 18. The final map shall be signed by the City Engineer prior to the map FM CE being placed on the agenda for City Council acceptance. 19. Prior to recording the tract 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. 20. Prior to recording the map, the applicant shall set monuments at all FM CE new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the parcel map, that ITEM NUMBER DATE: 8-15-06 Conditions of Approval Timing Responsibility Mitigation /Monitoring Measure PLN 2006-1121/TPM 2006-0085 AT 06-0113 PM: Parcel Map GP: Grading Pnnt PS: Planning Services BP: Building Prmt BS: Building Services TO: Temporary Occupancy FD: Fire Department 8905 Montecito Ave. FO: Final Occupancy PD: Police Department PI: Public Improvements CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company 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. 21. Prior to recording the map, the applicant shall complete all FM CE improvements required by these conditions of approval 22. Prior to recording the tract 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 map. 23. Upon recording the final map, the applicant shall provide the City FM CE with a black line clear Mylar (0.4 mil) copy and a blue line print of the recorded map. 24. Prior to the final inspection of any public improvements, the FM CE 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. 25. Prior to the final inspection, the applicant shall submit a written BP, GP CE certification from a registered civil engineer or land surveyor that all survey monuments have been set as shown on the final map. 26. An encroachment permit shall be obtained prior to any work within BP, GP CE City rights of way. ITEM NUMBER DATE: 8-15-06 EXHIBIT B: Tentative Parcel Map (AT 06-0113) Resolution PC 2006-0072 PLN 2006-1121/TPM 2006-0085 b ]^ z2 I_ ]i ............... 111114 �ll e2 < Gsa la e f n" " :-V UN 0 5 1006 All o E, /'• _,_ EVELOPINENT _ O N�/ 1 T O —r—i7 / �I � I , pp \ / ® ♦ \'\. II 1/ t/ r I, r / � i i!! 1�1 1 /r ill � �► p I �I�I da i Jill n !Illlrljl��/ l r ill!Illi /I J' !e5 / I 1 'r111101n rc 11 I,1 aSeY`Y It1Ili 1I/ / J�i,d xfill y 1f, II,I { z a1%11 I Cy It jll� IIIIIOl I /rc III 3 gg ] 4ia ♦ I I1 !! tIf I / r �If' t7eg4E1� Y BB y� .11! — ��99 /J111� I 11'I-If 1 !�\ ; ♦ \ I fill f' W I@ i \ •� oa ji / I1 I �fllllt fl!I Ijlif fil ' A / r1; llflrr; l'11IJ111� '111 3�b1 11 it ff�'tll;! 11111 rn� � i] �tllllllf Iltlllt I I 1�I S A, Nj� R 0Ill A ' R O ITEM NUMBER: 3 DATE: 8-15-06 Planning Commission Staff Report Staff Report - Community Development Department PLN 2099-0109/Tentative Parcel Map 2006-0082 3625 Ardilla Road (APN 054-043-006) (Graves) RECOMMENDATION: The Planning Commission: Adopt Resolution PC 2006-0073 certifying Mitigated Negative Declaration 2006-0025 and approving Tentative Parcel Map 2006-0082 (AT 05-0278) dividing one parcel into two parcels, based on findings and subject to conditions of approval. REPORT -IN -BRIEF: A request to subdivide one existing 5.81 acre parcel into two lots of 2.88 and 2.91 acres, net, each. The site is located at 3625 Ardilla Road, west of Portola Road, on the north side of Ardilla Road. The property is currently vacant; however, the applicant has applied for building permits. In addition to primary residences on each lot, there is potential for a second unit on each lot per the City's zoning ordinance. SITUATION AND FACTS: 1. Applicant/Owners: DLG Development, c/o David Graves, 4155 Carrizo Road, Atascadero, CA 93422 2. Project Address: 3625 Ardilla Road, Atascadero, CA 93422 APN: 054-043-006 3. General Plan Designation: Rural Estates 4. Zoning District: Residential Suburban (2.5-10 acre minimum) 5. Site Area: 5.81 net acres 6. Existing Use: Vacant ITEM NUMBER: 3 DATE: 8-15-06 7. Environmental Status: Mitigated Negative Declaration 2006-0025 and Initial Study Project Site DISCUSSION: Background San Anselmo Road Ardilla Road Portola Road The property is currently vacant and is located in the Residential Suburban (RS) Zoning District and is approximately 5.8 net acres. The site consists of moderate to steep slopes with native tree clusters. The proposed parcels will front on Ardilla Road. ITEM NUMBER: 3 DATE: 8-15-06 Analysis The proposed map will create two (2) lots consisting of 2.88 and 2.91 net acres. The RS Zone is intended for detached single-family homes on lot sizes of 2.5-10 acres (gross), based upon performance standards, which include neighborhood and site characteristics (slope, distance from the center of the community, average neighborhood lot size, soil percolation capability, and adequacy of access). The minimum lot size for the property, based on performance standards, is 2.91 acres, net. On-site septic will serve the property and water is available from Atascadero Mutual Water Company. Native Trees The applicant has submitted an Arborist Report, prepared by Scovell Tree Surgery, dated May 17, 2006. The report recommends the removal of three Valley Oaks for a total of 44 inches dbh. A condition (condition 7) has been added to the draft resolution for replanting of Valley oaks, in lieu of paying mitigation fees. In addition, two native trees will be impacted 50% due to grading. The Tree Mitigation Form is attached to the draft resolution as Exhibit F. Findings and conditions for tree removal have been included in the draft resolution attached to this staff report. Staff is recommending that the proposed tree removals be approved based on the following finding. ITEM NUMBER: 3 DATE: 8-15-06 The trees are obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from the Site Planner and determined by the Community Development Department based on the following factors: • Early consultation with the City; • Consideration of practical design alternatives; • Provision of cost comparisons (from applicant) for practical design alternatives; • If saving tree eliminates all reasonable uses of the property; or • If saving the tree requires the removal of more desirable trees. Open Space Easement There are several native tree clusters on the northern most portion of the property. Conditions have been added to the draft resolution requiring an Open Space*** easement for preservation and replanting mitigation in this area. AREA o.w.-------- —--- ----- r..�N fF K rgyp................ .... Subdivision Improvements GRAPHIC SCALE �r�+n Public improvements for the project include road frontage improvements on Ardilla Road consistent with the City's General Plan and Subdivision Ordinance.*** ITEM NUMBER: 3 DATE: 8-15-06 General Plan Consistency The subdivision is consistent with the General Plan Rural Estate Land Use Designation and Residential Suburban Zoning regulations. Proposed Environmental Determination Staff has prepared a Draft Mitigated Negative Declaration, which was circulated to public agencies and interested members of the public. The environmental analysis identifies concerns regarding potential impacts to air quality, biological resources (native trees), and noise (future construction activity). Mitigation measures pertaining to these resources are included. A finding is proposed that this project would not have a significant effect on the environment based upon the implementation of the identified mitigation measures. CONCLUSION: The subdivision is consistent with the General Plan, Zoning regulations, and the Subdivision Ordinance. Staff is recommending the Planning Commission certify Mitigated Negative Declaration 2006-0025 and approve TPM 2006-0082 (AT 05-0278). ALTERNATIVES: 1. The Commission may modify the project and/or conditions of approval 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 Commission should specify the reasons for denial of the project and recommend an associated finding with such action. PREPARED BY: ATTACHMENTS: Attachment 1: Attachment 2: Attachment 3: Attachment 4: Kerry Margason, Associate Planner Location Map (General Plan & Zoning) Aerial View Performance Standards Draft Resolution PC 2006-0073 Exhibit A - Mitigated Negative Declaration 2006-0025 Exhibit B — Conditions of Approval Exhibit C — Tentative Parcel Map AT 05-0278 Exhibit D — Open Space and Replanting Easement Area Exhibit E — Tree Mitigation Form ATTACHMENT 1: Location Map (General Plan / Zoning) PLN 2099-0109/TPM 2006-0082 Project Site ITEM NUMBER DATE: 8-15-06 Portol.a. Road Aill Al 1�•l ` ... IL . lj ^�«� .R �, a � •� - 1. .' Ir 7 et IF' AW 9 A • . �,. 'J .+ y' �� ' ��. iii N� ; , ► ITEM NUMBER DATE: 8-15-06 ATTACHMENT 3-. Performance Standards PLN 2099-0109/TPM 2006-0082 Minimum Lot Size Criteria For the Residential Suburban Zone Address 3625 Ardilla Road Lot Size APN 054-043-006 Lot Size 5.23 Acres Contact David Graves Factors 0-8,000=.20, 8-10,000=.25 10-12,000 =.30, 12- 14,000= .40, 14-16,000 = .50,16-18,000 =.60, 18 - Distance from Center 20,000=.75, of Community > 20,000 =.90 10-12,000 0.3 <20 min/inch=.50 20-39 min/inch=.75 Septic Suitability 40-59 min/inch= 1.00 (perk rate > 60 min/inch= 1.50 20-39 estimated 0.75 0-10%=.5, 11-20%=.75, 21-25% = 1.0, 26-30% =1.25, Average Sloe 31- 35% =1.75, 36-40% = 2.00 11-20% estimated 0.5 City accepted road =.40 Paved road less than 15% =.40 Paved road more than 15% =.50 All weather less than 15% =.75 All weather more than 15% _ 1.00 Unimproved less than 15% = 1.25 Unimproved Access Condition more than 15% = 1.5 0.4 Lot sizes within 1,500' 88 Average Lot Size Within 1500 Feet acres 2.66 0.53 Minimum Lot Size= 2.48 ITEM NUMBER DATE: 8-15-06 Mininnml I_ot Size Criteria For the Residential Suburban Zone Address Ardilla, propoged Parcel I Lot Size Factor, APV 094 - Lot Size 3 07 GROSS ACRES Contact Jim Menesez Jim Mcnesez 0-%1000 - .20, 8-10,000 .2i 0.8.000 = .20, 8-10.000=.25 10.12.000 =.30.12-14.000=.40. 10-12,000=30,12-14,000=,40, 14-16,000 =.50,16-18,000 =.60, 14-16,000=.50.16-18.000=.60, n IN- frnm (enn•r of 18.20,000=.75, 8-10000 PER PLANNING 8.10000 PER PLANNING Communis) > 20,000 = .90 0-8000 PER ZONING MAP 0.20 0.20 7T0 mmhnc =. Omin/tnc =.5 20.39 min/inch=.75 20.39 min/inch=.75 Septic Suitability (perk 40-59 min/mch= 1.00 40-59 minfinch= 1.00 rate) 160 min/mch= 1.50 35 min/Inch <�!, 0.75 0.75 11.20%= .75, 0.10%=.5, 11-201/.=.75. 21.25%=1.0, 26-30°k=1.25, 21.25%= 1.0, 26-30%=1.25. Average Slope 31- 35%=1.75, 36.40°/. = 2.00 20.9% 0.75 1.25 City accepted mad =.40 Paved City accepted road =.40 Paved road less than 15%=.40 Paved road less than IS%=.40 Paved road more than 13% =.50 All road more than 15%=.50 All weather less than 1 S%= .75 All weather leas than I S% = .75 All weather more then I S% = 1.00 weather more than 15% = 1.00 Unimproved less than 15%= 1.25 Unimproved less than 15%= 1.25 Access Condition Unimproved more than 15%= 1.5 PER 0,40 lot slzes within 1,500' lot sizes within t 400' Average Lot Sim Within Average Lot Size Within 1500 Fen (acres) 2.48 PLANNING 0.50 minimum Lot Size= 2.596 Minimum Lot Size Criteria For the Residential Suburban Zone address Ardilla, proposed Parcel 2 Lot Size Factors APN 054-09i=" O'1-3--/. Lot Size 3,09 GROSS ACRES Contact Jim Mcnesez 0.8.000 = .20, 8-10.000=.25 10-12,000=30,12-14,000=,40, 14-16,000=.50.16-18.000=.60, Distance from Center of 18.20,000=.75, 8.10000 PER PLANNING Community > 20,000=.90 0-8000 PER ZONING MAP 0.20 Omin/tnc =.5 20.39 min/inch=.75 Septic Suitability (perk 40-59 minfinch= 1.00 rate) > 60 min/inch= 1.50 35 mlr0n& b'Z) t)/j� 0.75 0.10%=.5, 11-201/.=.75. 21.25%= 1.0, 26-30%=1.25. Average Slope 31-35%=1.75, 36.40%=2.00 26.2% 1.25 City accepted road =.40 Paved road less than IS%=.40 Paved road more than 15%=.50 All weather leas than I S% = .75 All weather more than 15% = 1.00 Unimproved less than 15%= 1.25 Access Condition Unimproved more than 15 % = 1.5 PER 0.40 lot sizes within t 400' Average Lot Size Within 1500 Feet (acres) 2.48 PLANNING 0.50 gmrmum Lot Size= 3.096 ITEM NUMBER: 3 DATE: 8-15-06 ATTACHMENT 4: Draft Resolution PC 2006-0073 PLN 2099-0109/TPM 2006-0082 3625 Ardilla Road DRAFT RESOLUTION PC 2006-0073 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, APPROVING PLN 2099-0109/ TENTATIVE PARCEL MAP 2006-0082, A TWO LOT SUBDIVISION LOCATED AT 3625 Ardilla Road, APN 054-043-006 (3625 Ardilla Road/Graves) WHEREAS, an application was received from DLG Development, 4155 Carrizo Road, Atascadero, CA 93422, owner and applicant, to consider a two lot subdivision on a 5.81 gross acre lot located at 3625 Ardilla Road (APN 054-043-006); and, WHEREAS, the site's General Plan Designation is Rural Estates (RE); and, WHEREAS, the site's Zoning District is Residential Suburban (RS); and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2006-0025 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, a timely and properly noticed Public Hearing upon the subject tentative parcel map application was held by the Planning Commission of the City of Atascadero, at which hearing evidence, both oral and documentary, was admitted on behalf of said project; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed public hearing held on August 15, 2006, studied and considered Tentative Parcel Map 2006- 0082, after first studying and considering the Mitigated Negative Declaration prepared for the project; and, NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Certification of Negative Declaration. The Planning Commission of the City of Atascadero, hereby certifies Mitigated Negative Declaration 2006-0025 based on the following findings: 1. The Negative Declaration has been completed in compliance with requirements of the California Environmental Quality Act; and, 2. The project, with mitigation, does not have the potential to degrade the environment; and ITEM NUMBER: 3 DATE: 8-15-06 3. The project will not achieve short-term to the disadvantage of long-term environmental goals; and, 4. The project does not have impacts which are individually limited, but cumulatively considerable; and, 5. The project will not cause substantial adverse effects on human beings either directly or indirectly. SECTION 2. Findinus for Approval of Tentative Parcel Map 2006-0082. The Planning Commission finds as follows: 1. The proposed map, as conditioned, is consistent with the General Plan and applicable zoning requirements. 2. The design and improvement of the proposed map, as conditioned, is consistent with the General Plan and applicable zoning requirements. 3. The site is physically suitable for the density of development proposed. 4. The design and improvement of the proposed map will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat. 5. The Planning Commission finds that the depth to width ratio of proposed Parcel 2 will not be detrimental to future deep lot subdivisions and subsequent development on adjacent properties. SECTION 3. Approval of Tree Removal Permit, the Planning Commission of the City of Atascadero finds as follows: The trees are obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from the Site Planner and determined by the Community Development Department based on the following factors: 1. Early consultation with the City; 2. Consideration of practical design alternatives; 3. Provision of cost comparisons (from applicant) for practical design alternatives; 4. If saving tree eliminates all reasonable uses of the property; or 5. If saving the tree requires the removal of more desirable trees. SECTION 4. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on August 15, 2006, resolved to certify Mitigated Negative Declaration 2006-0025, approve the removal of native trees and approve Tentative Parcel Map 2006-0082 (AT 05-0278) subject to the following: 1. EXHIBIT A: Mitigated Negative Declaration 2. EXHIBIT B: Conditions of Approval 3. EXHIBIT C: Tentative Parcel Map 2006-0082 (AT 04-0042) 4. EXHIBIT D — Open Space and Tree Replanting/Preservation Easement Area 5. EXHIBIT E — Tree Mitigation Form ITEM NUMBER: 3 DATE: 8-15-06 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: ( ) ABSTAINED: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA Ellen Beraud Planning Commission Chairperson ATTEST: Warren M. Frace Planning Commission Secretary ITEM NUMBER DATE: 8-15-06 EXHIBIT A: Proposed Mitigated Negative Declaration TPM 2006-0082 This page intentionally left blank ITEM NUMBER DATE: 8-15-06 EXHIBIT B: Conditions of Approval / Mitigation Monitoring PLN 2099-0109/TPM 2006-0082 Conditions of Approval Timing Responsibility Mitigation PLN 2099-0109/TPM 2006-0082 /Monitoring Measure PS: Planning Services Address: 3625 Ardilla Rd. BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy Standard Planning Conditions 1. The approval of this application shall become final, subject to the FM PS completion of the conditions of approval, 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) of the Zoning Ordinance. 2. Approval of this Tentative Parcel 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 a final map is recorded or an extension of time is granted pursuant to a written request received prior to the expiration date. 3. The Community Development Department shall have the authority FM PS to approve minor changes to the project that (1) result in a superior site design or appearance, and/or (2) address a construction design issue that is not substantive to the Tentative Parcel Map. 4. A parcel map drawn in substantial conformance with the approved FM PS 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. 5. The subdivider shall defend, indemnify, and hold harmless the City Ongoing CA of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the subdivision. 6. The parcel map shall be subject to additional fees for park or FM PS recreation purposes (QUIMBY Act) as required by City Ordinance. Project Planning Conditions 7. The applicant shall plant five 15 -gallon native Valley Oaks and FM/BP PS/CE/BS five 5 -gallon native trees selected from the City's list of protected native trees as mitigation for removal of three Valley Oaks. 8. The applicant shall prepare an open space and tree BP PS replanting/tree preservation easement on the northern most portion of the property, consistent with Exhibit D, attached hereto and incorporated herein. This open space easement shall be reviewed by the Community Development Department and shall record concurrently with the final parcel ma . ITEM NUMBER DATE: 8-15-06 Conditions Of Approval Timing Responsibility Mitigation PLN 2099-0109/TPM 2006-0082 /Monitoring Measure PS: Planning Services Address: 3625 Ardllla Rd. BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department Fl: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy 9. The open space and tree replanting/preservation easement FM PS shall be shown on the final parcel map prior to recordation. 10.A landscape plan prepared by a qualified professional shall be BP PS/BS submitted with future building permits should the home site design include any cut and fill slopes. All cut and fill slopes will be revegetated with native grasses, shrubs, and trees consistent with the surrounding vegetation. 11. Any retaining walls shall be constructed of dark color split face BP PS/BS block or better and shall be designed to blend in with the existing terrain. 12.All future development shall be located within the approved building envelope as shown on the approved Tentative Map. A separate sheet shall be recorded with the final map delineating the extent of the buildable area. Any development proposed outside of the approved building envelope will require a Precise Plan application be submitted prior to the issuance of any building permit. 13. Mitigation Measure 3.b.1: The project shall be conditioned to BP PS/BS 31.1 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. Asbestos has been identified by the state Air Resources Board as a toxic air contaminant. Serpentine and ultramafic rocks are very common in the state and may contain naturally occurring asbestos. Under the State Air Resources Board Air Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface Mining Operations, prior to any grading activities at the site, the project proponent shall ensure that a geologic evaluation is conducted to determine if naturally occurring asbestos is present within the area that will be disturbed. If Naturally Occurring Asbestos (NOA) is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM for Construction, Grading, Quarrying, and Surface Mining Operations. If NOA is not present, an exemption request must be filed with the District. If NOA is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM. This may include development of an Asbestos Dust Mitigation Plan and an Asbestos Health and Safety Program for approval by the APCD. Should Naturally Occurring Asbestos be identified within the area of construction, and the worked area will be less than or equal to one acre, then the dust control measures identified below are required. If the disturbed area is greater than one acre, additional requirements may include but are not limited to 1) an Asbestos Dust Mitigation Plan which must be approved by the District before construction begins, and 2) an Asbestos Health and Safety Program will also be required for some projects. ITEM NUMBER DATE: 8-15-06 Conditions Of Approval Timing Responsibility Mitigation PLN 2099-0109/TPM 2006-0082 /Monitoring Measure PS: Planning Services Address: 3625 Ardllla Rd. BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department Fl: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy Dust Control Measures for Construction and Grading Operation Projects One Acre or Less: No person shall engage in any construction or grading operation on property where the area to be disturbed is one (1.0) acre or less unless all of the following dust mitigation measures are initiated at the start and maintained throughout the duration of the construction or grading activity: ■ Construction vehicle speed at the work site must be limited to fifteen (15) miles per hour or less; ■ Prior to any ground disturbance, sufficient water must be applied to the area to be disturbed to prevent visible emissions from crossing the property line; ■ Areas to be graded or excavated must be kept adequately wetted to prevent visible emissions from crossing the property line; ■ Storage piles must be kept adequately wetted, treated with a chemical dust suppressant, or covered when material is not being added to or removed from the pile; ■ Equipment must be washed down before moving from the property onto a paved public road; and ■ Visible track -out on the paved public road must be cleaned using wet sweeping or a HEPA filter equipped vacuum device within twenty-four (24) hours. 14. Mitigation Measure 3.b.2: Naturally Occurring Asbestos (NOA) BP/GP BS/PS 3.b.2 has been identified by the state Air Resources Board as a toxic air contaminant. Serpentine and ultramafic rocks are very common in the state and may contain naturally occurring asbestos. Under the State Air Resources Board Air Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface Mining Operations, prior to any grading activities at the site, the project proponent shall ensure that a geologic evaluation is conducted to determine if naturally occurring asbestos is present within the area that will be disturbed. If naturally occurring asbestos 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. These 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. 15. Mitigation Measure 4.e.1: Prior to issuance of grading or site BP BS/PS 4.b.1 disturbance permits, all tree protection fencing shall be installed. All fencing shall remain in place for the duration of the construction. ITEM NUMBER DATE: 8-15-06 Conditions Of Approval PLN 2099-0109/TPM 2006-0082 Address: 3625 Ardllla Rd. Timing BL: Business License GP: Grading Permit BP: Building Permit Fl: 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 16. Mitigation Measure 4.e.2: The following protection measures BP BS/PS 4.b.2 shall be strictly adhered to: ■ All construction work in and around existing trees shall be done in accordance with the City of Atascadero's Native Tree Regulations. ■ Tree protection measures shall be in place and prior to issuance of building/construction permits for this project. ■ Tree fencing shall consist of minimum 4 foot high chain link, snow or safety fence, staked at drip line or at the line of encroachment shown for each tree or group of trees. ■ All existing trees shall remain unless otherwise noted. ■ Low branches in danger of being torn from trees shall be pruned prior to start of any heavy equipment work. ■ Any roots 2" or greater in diameter, that are encountered during excavation, shall be clean cut by hand and sealed with an approved seal. ■ Vehicles and stockpiled material shall be stored outside the dripline of the trees to remain. ■ All trenches under the drip line or in the root path of a native tree shall be hand excavated, augered or bored. ■ All tree protection notes shall be placed on all construction drawings. ■ The construction supervisor shall meet with the certified arborist and City Planning Staff prior to beginning any work to insure tree protection measures are in place and to discuss work procedures. ■ Fencing shall completely enclose the Critical Root Zone (CRZ) prior to commencing work and shall remain until all grading and construction are completed. All building materials and slash shall be stored outside the CRZ. ■ Prior to any work being done, trees shall be prunec to clean the crown and provide clearance. All pruning shall be provided by a certified arborist or a tree worker under a certified arborist's supervision. Pruning shall adhere to tree pruning guidelines of the International Society of Arboriculture. All brush should be chipped and spread under the trees' CRZ. ■ No grading, construction or other work will be allowed within the CRZ. Any modifications must be approved and monitored by the Arborist of record. ■ All root pruning must be approved and supervised by the Arborist of record. ■ If injury should occur to any tree during construction, it shall be evaluated by the Arborist of record as soon as possible so that appropriate treatments can be applied. ■ No excess soil, chemicals, debris, equipment, sanitation facilities or other materials shall be stored or dumped within the CRZ. ■ Any additional pruning need for clearance during construction must be performed by the Arborist of record and not by construction personnel. ■ Soil Aeration Methods: Soils under the drip -lines that have ITEM NUMBER DATE: 8-15-06 Conditions Of Approval PLN 2099-0109/TPM 2006-0082 Address: 3625 Ardllla Rd. Timing BL: Business License GP: Grading Permit BP: Building Permit Fl: 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 been compacted by heavy equipment and/or construction activities must be returned to their original state before all work is completed. Methods include water jetting, adding organic matter, and boring small holes with an auger (18" deep, 2-3' apart with a 24" auger) and the application of moderate amounts of nitrogen fertilizer. The arborist(s) shall advise. ■ Chip Mulch: All areas within the drip line of the trees that cannot be fenced shall receive a 4-6" layer of chip mulch to retain moisture, soil structure and reduce the effects of soil compaction. 17. Mitigation Measure 4.e.3: The developer shall contract with a BP BS/PS 4.e.1 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 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. ■ Grading Within the Drip Line: Grading should not encroach within the drip line. If grading is necessary, construction of retaining walls or tree wells or other protection measures may be necessary to insure the survivability of the trees. Chip mulch 4-6" in depth may also be required in these areas. Grading should not disturb the normal drainage pattern around the trees. Fills should not create a ponding condition and excavations should not leave the tree on a rapidly draining mound. ■ Exposed Roots: Any exposed roots shall be recovered the same day they were exposed. ■ Paving within the Drip Line: Pervious surfacing is preferred within the drip line of any oak tree. ■ Equipment Operation: Vehicles and all heavy equipment shall not be driven under the trees, as this will contribute to soil compaction. ■ Existing Surfaces: The existing ground surface within the drip -line of all oak trees shall not be cut, filled, compacted, or pared. ■ Construction Materials and Waste: No liquid or solid construction waste shall be dumped on the ground within the drip -line of any oak tree. ■ Arborist Monitoring: An arborist shall be present for road and house grading, septic line/water trenching, and pre - construction fence placement. The monitoring does not necessarily have to be continuous but observational at times during the above activities. ■ Pre -Construction Meetin : An on-site re -construction ITEM NUMBER DATE: 8-15-06 Conditions Of Approval Timing Responsibility Mitigation PLN 2099-0109/TPM 2006-0082 /Monitoring Measure PS: Planning Services Address: 3625 Ardllla Rd. BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department Fl: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy meeting with the Arborist(s), Owner, Planning Staff, and the earthy moving team shall be required for this project. Prior to final occupancy, a letter from the arborist(s) shall be required verifying the health/condition of all impacted trees and providing any recommendations for any additional mitigation. The letter shall verify that the arborist(s) were on site for all grading and/or trenching activity that encroached into the drip line of the native trees, and that all work done in these areas was completed to the standards set forth above. 18. Mitigation Measure 4.e.4: Upon project completion and prior to BP BS/PS 4.e.2 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. 19. Mitigation Measure 6.b.1: All disturbed areas shall be GP/BP BS/PS 6.b.1 hydroseeded with a native seed mix. Erosion control measures shall include an erosion control blanket for all 2:1 fill slopes. Affected areas that previously contained native shrubs and vegetation shall be replanted with similar plant species per an approved landscape plan. Duration of the project: The contractor will be responsible for the clean-up of any mud or debris that is tracked out on to the public road, and/or the private access drive by construction vehicles. 20. Mitigation Measure 6.c.d.1: A soils report shall be required to GP/BP BS/PS 6.c.d.1 be submitted with any future building permit request. The building plans will be required to follow the recommendations of the soils report to assure safety for residents and buildings. The property contains no unusual geological formations. 21. Mitigation Measure 6.e.1: Percolation tests shall be required GP/BP BS/PS 6.e.1 with the submittal of any building permits for construction of proposed residences. The proposed waste disposal systems shall be reviewed and approved by the City engineer prior to the issuance of any building permit. 22. Mitigation Measure 11.d.1: All construction activities shall GP/BP BS/PS 7.g.h.1 comply with the City of Atascadero Noise Ordinance for hours of operation. 23. Mitigation Measure 3.b.2: Naturally Occurring Asbestos (NOA) BP/GP BS/PS 3.b.2 has been identified by the state Air Resources Board as a toxic air contaminant. Serpentine and ultramafic rocks are very common in the state and may contain naturally occurring asbestos. Under the State Air Resources Board Air Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface Mining Operations, prior to any grading activities at the site, the project proponent shall ensure that a geologic evaluation is conducted to determine if naturally occurring ITEM NUMBER DATE: 8-15-06 Conditions Of Approval Timing Responsibility Mitigation PLN 2099-0109/TPM 2006-0082 /Monitoring Measure PS: Planning Services Address: 3625 Ardllla Rd. BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department Fl: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy asbestos is present within the area that will be disturbed. If naturally occurring asbestos 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. These 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. City Engineer Project Specific Conditions 31. Applicant shall construct Ardilla Road across the frontage of the FM PS/CE property to the modified City standard 402, consistent with the public improvements plans submitted concurrently for this project. City Engineer Standard Conditions 38. All public improvements shall be constructed in conformance with FM PW the City of Atascadero Engineering Department Standard Specifications and Drawings and/or as directed by the City Engineer. 39. In the event that the applicant is allowed to bond for the public FM PW improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 40. An engineer's estimate of probable cost shall be submitted for FM PW review and approval by the City Engineer to determine the amount of the bond. 40. The Subdivision Improvement Agreement shall record concurrently FM PW with the Final Map. 41. An encroachment permit shall be obtained prior to the issuance of BP PW building permit. 42. The applicant shall be responsible for the relocation and/or BP PW alteration of existing utilities. 43. The applicant shall install all new utilities (water, gas, electric, cable BP PW TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 44. The applicant shall monument all property corners for construction FM PW control and shall promptly replace them if disturbed. ITEM NUMBER DATE: 8-15-06 Conditions Of Approval Timing Responsibility Mitigation PLN 2099-0109/TPM 2006-0082 /Monitoring Measure PS: Planning Services Address: 3625 Ardllla Rd. BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department Fl: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy 45. The applicant shall acquire title interest in any off-site land that may FM PW 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. 46. Slope easements shall be provided as needed to accommodate FM PW cut of fill slopes. 47. Drainage easements shall be provided as needed to accommodate FM PW both public and private drainage facilities. 48. A preliminary subdivision guarantee shall be submitted for review in FM PW conjunction with the processing of the parcel map. 49. All existing and proposed utility, pipeline, open space, or other FM PW 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. 50. The final map shall be signed by the City Engineer prior to the map FM PW being placed on the agenda for City Council acceptance. 51. Prior to recording the parcel map, the applicant shall submit a map FM PW 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. 52. Prior to recording the parcel map, the applicant shall set FM PW monuments at all new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the parcel map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 53. Prior to recording the parcel map, the applicant shall pay all FM PW outstanding plan check/inspection fees. 54. Prior to recording the map, the applicant shall complete all FM PW improvements required by these conditions of approval. 55. Prior to recording the parcel map, the applicant shall have the map FM PW 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 ITEM NUMBER DATE: 8-15-06 Conditions Of Approval Timing Responsibility Mitigation PLN 2099-0109/TPM 2006-0082 /Monitoring Measure PS: Planning Services Address: 3625 Ardllla Rd. BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department Fl: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy easements shall be shown on the parcel map. 56. Upon recording the final map, the applicant shall provide the City FM PW with a black line clear Mylar (0.4 mil) copy and a blue line print of the recorded map. 57. Prior to the final inspection of any public improvements, the BP PW 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. 58. Prior to the final inspection, the applicant shall submit a written BP PW certification from a registered civil engineer or land surveyor that all survey monuments have been set as shown on the final map. Atascadero Fire Department Conditions 59. There shall be a fire hydrant within 800 feet of the residence as FM/BP AFD measured along the road and driveways. Additional fire hydrants/dry stand pipes shall be installed if determined to be necessary by the Fire Chief. Atascadero Mutual Water Company Project Conditions 62. Before issuance of building permits or recordation of the final FM/BP PS/AMWC parcel map, the applicant shall obtain a "Will Serve" letter from AMWC for the newly created lots within the subdivision. ITEM NUMBER: 3 DATE: 8-15-06 EXHIBIT C: Tentative Parcel Map AT 05-0278 TPM 2006-0082 1 \ `\. � '� ^ 4,� � ■ e � L Y renin A lu \J, tt� bm B I9 WCr Ilk �p 0 73WE bRy e b1'vko F j_ff� 6 a° < Iage: Is »E a» No 8 i Ell, � a CL x ''\� Z � � ;,• fid'' ITEM NUMBER: 3 DATE: 8-15-06 EXHIBIT D: Open Space and Tree Replanting/Preservation Easement Area Tentative Parcel Map AT 05-0278 TPM 2006-0082 Proposed Open Space Easement area %`/' - — AREA CUM KAU i -•-- %`/' - — AREA EXHIBIT E: Tree Mitigation Form Tentative Parcel Map AT 05-0278 TPM 2006-0082 Date August 1. 2008 Address. 8828 ibA, Rand Applicant: DLG Dcvclapncm Owner David Graves Trot protection required? Yes Total nundm of trees impacted: 80 Removals. Number grana than 24'OON: 0 PC Permit Required? Statue: Replacements required: ITEM NUMBER: 3 DATE: 8-15-06 PrqWsmd try: Kerry Mangrlat Permit & TPM 2OD&OO82 Tclq*wnm 674-0488 Telephone 674.0488 Arborist review required? Yes .m. cr less than 24' DOH: 8 y*, -Tentative Parcel Map in process Evergreen Mative Trees (inches) Oeciduous Native Trees (inches) Total% dbn nod i dbll I note) 1 1 12 Tree 6 2 2 12 Tree 9 3 3 20 Tree 13 i 1 1L 11 1S 15 TOt>fl Oanciis t Total 444nells 1 44-Inclis i Mitigation Requirement I reQ'd tree rept3cementt: OIke galtrees regtd tree rept3cementt I5tlie gaIIre ei Proposed RepBnthg 0fue gal trees 1 _ Proposed Repentlg Othe galtrees 0 five gal tree 0 trite n gal trees 5 Iften galtreea 5 lifts+n gal tre s IN 0 box trees (2 41) F— O box trees (24') 0 bo r tre e IN 24" I*mals Ug "I gatbn 0 rue gal trees, Rema1 bg 01109atbn 5 tue galtreea 5 tine gal tre • t Tree Fond Payment: $ - Tree Ftsd Payment 133.33 1 ! T33.33 \\Cityhall\cdvlpmnt\- TPM - Tentative Parcel Maps\TPM 05\TPM 2006-0082 8585 San Rafael\TPM 2006-0082.PC staff report.km.doc ITEM NUMBER: 4 DATE: 8-15-06 Atascadero Planning Commission Staff Report - Community Development Department 2865 Ferrocarril Road Single- Family Planned Development #16 Zone Change 2005-0107, CUP 2005-0171 (Master Plan of Development), Vesting Tentative Tract Map 2004-0059 (Tharp/Beck) RECOMMENDATIONS: Staff Recommends: Planning Commission: 1. Adopt Resolution PC 2006-0074 recommending that the City Council certify Proposed Mitigated Negative Declaration 2006-0022; and, 2. Adopt Resolution PC 2006-0075 recommending that the City Council introduce an ordinance for first reading to approve Zone Change 2005-0107 based on findings; and, 3. Adopt Resolution PC 2006-0076 recommending that the City Council approve Conditional Use Permit 2005-0171 to include the Master Plan of Development (EXHIBIT B) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, 4. Adopt Resolution PC 2006-0077 recommending the City Council approve Vesting Tentative Tract Map 2004-0059 based on findings and subject to Conditions of Approval and Mitigation Monitoring. REPORT -IN -BRIEF: The proposed project consists of an application for a Zone Change, Conditional Use Permit (CUP) and Tentative Tract Map. The Zone Change request would establish a Planned Development #16 Overlay on the site subject with a Master Plan of Development that would allow five (5) single-family residences, landscaped open space, and a pedestrian/equestrian trail leading to the Salinas River. Existing ITEM NUMBER: 4 DATE: 8-15-06 structures on site will remain. The proposed Tentative Tract Map, as conditioned would create a five (5) lot subdivision. DISCUSSION: Situation and Facts: 1. Owner: Gary & Mary Tharp, 5255 Traffic Way, Atascadero, CA 93422 2. Applicant / Representative: Jim Beck 8665 Morro Road, Suite E Atascadero, CA 93422 Phone: 238-8162 3. Project Address 4. General Plan Designation 5. Zoning District: 6. Site Area: 7. Existing Use: 8. Environmental Status Background 2865 Ferrocarril Road, Atascadero, CA 93422 (San Luis Obispo County) APN 049-022-011 General Plan Designation: SE (Suburban Estates, 2.5 - 10 gross acre minimum lot size) RS (Residential Suburban) 13.69 acres Single -Family Residence Proposed Mitigated Negative Declaration 2006-0022 Surrounding Land Use and Setting: North: Residential Suburban East: River Parcel South: Residential Single-Family-Y/PD-14 (The Lakes) West: Residential Suburban ITEM NUMBER: 4 DATE: 8-15-06 Site Photographs Frontage of Existing Residence. (View from driveway) Driveway entrance and westerly neighbor, looking southwest. Feld and neighboring utility structure, looking northeast. Driveway, looking south. (View from south side of house) Front of bom, looking south. (View from driveway) View of driveway approach & neighbor coming off FerrocanB. View of property line and Chico. (View from Chico) Chico & Ferrocaml intersection. (View from NorthEost) ITEM NUMBER: 4 DATE: 8-15-06 Salinas River / AMWCo Property The project site is within the Suburban Estates General Plan Land Use Designation and is zoned Residential Suburban. Minimum lot is 2.5 to 10 acres, based on performance standards. Although the performance standards require a minimum lot size of 2.02 acres, the zoning ordinance requirement prevail with a minimum lot size of 2.5 acres, resulting in a maximum density of five (5) lots for the underlying 13.69 acres. Prior Review Staff presented this project to the Planning Commission as an informal review process during the June 20th 2006 Planning Commission hearing. At that time, the Commissioners heard public comments from surrounding property owners and recommended the applicant increase the size of the lots and relocate a proposed equestrian/pedestrian trail to a location along the drainage swale. Public comments included concerns with Traffic Way improvements, the Chico Road railroad crossing, oak tree impacts, trail signing, drainage, and complaints of motorcycle use within the Salinas River. ITEM NUMBER: 4 DATE: 8-15-06 ANALYSIS: The applicants are requesting a Planned Development 16 (PD 16) for the project. A PD 16 would allow the applicants to cluster four (4) of the lots towards the southern end of the property, near "The Lakes" subdivision, and leave one large parcel adjacent to the river parcel. The clustered lots would be between 1 and 1.2 acres in size and the large lot would be 9.2 acres in size. The proposed lot sizing is consistent with surrounding parcels. Consistent with the requirements for a Planned Development and City Council policy, the project proposes both Tier 1 and Tier 2 benefits by preserving natural open space and providing multi-purpose trials for equestrian/pedestrian use. Circulation — Traffic Way Improvements The project has been designed to take access off of Chico Road for the 4 new lots and the 5t" lot will continue to take access off a private easement from Ferrocarril Road. Traffic Way is designed to so that the traffic from the additional four homes will not reduce the level of service below an acceptable level. Chico Road will be extended to serve the four new lots. Occupants of the lots will be required to cross the railroad tracks. Native TrPPc The project has been designed to avoid native tree impacts. Trail Signing and Motorcycles The draft resolution includes a condition for submittal of a final trail signage plan prior to recordation of the final map. The plan is to be reviewed and approved by Community Development staff prior to recordation of the final map. Motorized vehicles will be prohibited from the use of the trail. Site Drainage A grading and drainage plan will be required prior to any site disturbance on the property. There is a large drainage swale along the western edge of the property. This drainage swale will generally be left in its natural state, protected by an open space easement. There will be some disturbance of the swale area where the Chico Road extension enters the property. \A/acta\niatar The parcels will use septic systems. ITEM NUMBER: 4 DATE: 8-15-06 Fiscal Impact Based on findings from the Taussig Study, revenue from new residential development including property tax revenues; vehicle licensing fees, sales taxes, and other revenues are insufficient to cover the maintenance and emergency services costs of new development. Based on the revenue projections from the Taussig Study, the City has developed standard conditions of approval for new development projects that require the cost of maintenance and emergency services to be funded by the project through a combination of road assessment districts, landscape and lighting districts and community facilities districts (Conditions CUP 16 and 17, TTM 14 and 15). Inclusionary and Workforce Housing The City Council has implemented an Interim Inclusionary Affordable Housing Program that requires projects of 10 units or less that require legislative approval to either deed restrict a fixed percentage of the units as affordable or pay an in -lieu fee based on a percentage of the construction valuation of each unit. The proposed project is conditioned to comply with this requirement (Condition=up 14 and 15, TTM 12 and 13). Tentative Tract Map A five (5) lot Tentative Tract Map is proposed as part of the project consistent with the Master Plan of Development. The Tract Map has been conditioned by staff and the City Engineer to meet all City standards including on- and off-site street improvements. Findings Conditional Use Permit (Master Plan of Development A Master Plan of Development is required for the PD -16 in the form of a Conditional Use Permit. The proposed Master Plan of Development sets development standards related to site design, landscaping, signage, and specific development standards required by the Zoning Ordinance. The Planning Commission must make the following five findings to recommend approval of the proposed Master Plan of Development: 1. The proposed project or use is consistent with the General Plan. Staff Comment: The use is consistent with the residential suburban designation of the General Plan. 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) including the PD -16 Ordinance. ITEM NUMBER: 4 DATE: 8-15-06 Staff Comment: As conditioned, the project satisfies all PD -16 Zoning Code provisions. 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 residential project 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 to be consistent with the existing neighborhood character. 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 is consistent with the traffic projections and road improvements anticipated within the General Plan. A single- family residential subdivision use in the proposed location is consistent and compatible with the surrounding residential neighborhood. The General Plan identifies this site as Residential Suburban neighborhood with a maximum density of 1 unit per 2.5 acres. Smaller lot sizes of 1 acre may be allowed through a Planned Development Overlay. The proposed 5 single-family homes on 13.6 acres is within the general plan land use density and is consistent with the City's General Plan Land Use and Housing elements. Proposed Environmental Determination Staff has prepared a Draft Mitigated Negative Declaration that was circulated to public agencies and interested members of the public. The Environmental Analysis identified concerns regarding potential impacts to air quality, biology, geology, cultural resources, and noise. Mitigation measures pertaining to these areas are included. A finding is proposed that this project would not have a significant effect on the environment based upon the implementation of the identified mitigation measures. ITEM NUMBER: 4 DATE: 8-15-06 Conclusion The proposed project is consistent with the General Plan and Atascadero Municipal Code, as analyzed within this staff report. The proposed project, as conditioned, allows the Planning Commission to make all of the required findings for project approval recommendation to the City Council. ALTERNATIVES: 1. The Commission may recommend modifications to the project and/or conditions of approval for the project to the City Council. 2. The Commission may determine that more information is needed on some aspect of the project and may refer the item back to the applicant and staff to develop the additional information. The Commission should clearly state the type of information that is required and move to continue the item to a future date. 3. The Commission may recommend the City Council deny the project. The parcel would retain its Zoning Ordinance designation of Residential Suburban. The Commission should specify the reasons for denial of the project and recommend an associated finding with such action. PREPARED BY: Kerry Margason, Associate Planner ATTACHMENTS: Attachment 1: Location Map, Zoning and General Plan Attachment 2: Proposed Mitigated Negative Declaration and Initial Study Attachment 3 Draft Resolution PC 2006-0074 Attachment 4: Draft Resolution PC 2006-0075 Attachment 5: Draft Resolution PC 2006-0076 Attachment 6: Draft Resolution PC 2006-0077 ITEM NUMBER: 4 DATE: 8-15-06 Attachment 1: Location Map, General Plan and Zoning Existing Designations: -General Plan: Suburban Estates -Zoning District: Residential Suburban Proposed Designations: -General Plan: Suburban Estates -Zoning District: Residential Suburban — PD -16 ITEM NUMBER DATE: 8-15-06 Attachment 2: Draft Mitigated Negative Declaration and Initial Study See following ITEM NUMBER: 4 DATE: 8-15-06 ATTACHMENT 3: Draft Resolution PC 2006-0074 PD -16 Master Plan of Development (CUP 2005-0171/ZCH2O05-0107\/TTM 2004-0059) Draft Mitigated Negative Declaration DRAFT RESOLUTION PC 2006-0074 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL CERTIFY PROPOSED MITIGATED NEGATIVE DECLARATION 2006-0022 PREPARED FOR ZONE CHANGE 2005-0107, CONDITIONAL USE PERMIT 2005-0171, AND TENTATIVE TRACT MAP 2004-0059, APN 049-022-011 (2865 Ferrocarril Road / Tharp/Beck) WHEREAS, an application has been received from Gary Tharp and Jim Beck (2865 Ferrocarril Road, CA 93422), Applicants and Property Owners, to consider a project consisting of a Zone Change from RS (Residential Suburban) to RS / PD -16 (Residential Suburban with Planned Development Overlay #16) with the adoption of a Master Plan of Development, and a five -lot residential Tentative Tract Map on APN 049-022-011; and, WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2006-0022 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 Planning Commission of the City of Atascadero held a public hearing on August 15, 2006 following the close of the review period to consider the Initial Study and Proposed Mitigated Negative Declaration; and, WHEREAS, the Planning Commission has determined that the project will have no significant impacts with project specific mitigation measures incorporated; and, NOW, THEREFORE, the Planning Commission of the City of Atascadero, hereby resolves to recommend that the City Council certify Proposed Mitigated Negative Declaration 2006-0022 based on the following Findings, and as shown in Exhibit A: 1. The Proposed Mitigated Negative Declaration has been completed in compliance with CEQA; and, 2. The Proposed Mitigated Negative Declaration was presented to the Planning Commission, and the information contained therein was considered by the Planning Commission, prior to recommending action on the project for which it was prepared; and, ITEM NUMBER: 4 DATE: 8-15-06 3. The project does not have the potential to degrade the environment when mitigation measures are incorporated into the project. 4. The project will not achieve short-term to the disadvantage of long-term environmental goals. 5. The project does not have impacts which are individually limited, but cumulatively considerable. 6. The project will not cause substantial adverse effects on human beings either directly or indirectly. BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: NOES: ABSENT: ABSTAIN: ADOPTED: CITY OF ATASCADERO, CA Ellen Beraud Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary ITEM NUMBER DATE: 8-15-06 Exhibit A Proposed Mitigated Negative Declaration 2006-0022 See Following ITEM NUMBER: 4 DATE: 8-15-06 ATTACHMENT 4: Draft Resolution PC 2006-0075 PD -16 Master Plan of Development (CUP 2005-0171/ZCH 2005-0107/TTM 2004-0059) Approval of Proposed Zoning Map Change DRAFT RESOLUTION PC 2006-0075 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA RECOMMENDING THAT THE CITY COUNCIL APPROVE ZONE CHANGE 2005-0107, AMENDING THE OFFICIAL ZONING MAP DESIGNATION OF APN 049-022-011 FROM RS (RESIDENTIAL SUBURBAN) TO RS / PD -16 (RESIDENTIAL SUBURBAN WITH PLANNED DEVELOPMENT OVERLAY #16) (2865 Ferrocarril Road / Tharp/Beck) WHEREAS, an application has been received from Gary Tharp and Jim Beck (2865 Ferrocarril Road, CA 93422), Applicants, and Property Owners, to consider a project consisting of a Zone Change from RS (Residential Suburban) to RS / PD -16 (Residential Suburban with Planned Development Overlay #16) with the adoption of a Master Plan of Development, and a five -lot residential Tentative Tract Map on APN 049-022-011; and, WHEREAS, the site's General Plan Designation is SE (Suburban Estates); and, WHEREAS, the site's current zoning district is RS (Residential Suburban); and WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2006-0022 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, General Plan SE land use designation allows for the creation of lots of less than 2.5 acres when the lots are clustered to preserve open space and natural resources and Zoning Ordinance Article 28 allows Planned Development Overlay zones to be established to promote orderly and harmonious development and to enhance the opportunity to best utilize special site characteristics; and, WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact this amendment to the Official Zoning Map to protect the health, safety and welfare of its citizens by applying orderly development of the City; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, ITEM NUMBER: 4 DATE: 8-15-06 WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Change application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Zoning amendments; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on August 15, 2006, studied and considered Zone Change 2005-0107, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and, NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings for Approval of a Zone Change to the Official Zoning Map of Atascadero Designating a PD -16 Planned Development Overlay District. The Planning Commission finds as follows: 1. Modification of development standards or processing requirements is warranted to promote orderly and harmonious development. 2. Modification 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. 3. Benefits derived from the overlay zone cannot be reasonably achieved through existing development standards or processing requirements. 4. Proposed plans offer certain redeeming features to compensate for the requested modification. SECTION 2. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on August 15, 2006, resolved to recommend that the City Council introduce for first reading, by title only, an ordinance that would rezone the subject site consistent with the following: 1. Exhibit A: Zone Change Map ITEM NUMBER: 4 DATE: 8-15-06 BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ABSENT: ( ) ABSTAIN: ( ) ADOPTED: CITY OF ATASCADERO, CA Ellen Beraud Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary ITEM NUMBER DATE: 8-15-06 Exhibit A: Official Zoning Map Change 2005-0107 (Planned Development Overlay #16) Existing _ Designations: -General Plan: Suburban Estates -Zoning District: Residential Suburban Proposed Designations: -General Plan: Suburban Estates -Zoning District: Residential Suburban / PD -16 ITEM NUMBER: 4 DATE: 8-15-06 ATTACHMENT 5: Draft Resolution PC 2006-0076 PD -16 Master Plan of Development (CUP 2005-01712CH 2005-0107 Proposed Master Plan of Development DRAFT RESOLUTION PC 2006-0076 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE CONDITIONAL USE PERMIT 2005-0171 (MASTER PLAN OF DEVELOPMENT) ON APN 049-022-011 (2865 Ferrocarril Road / Tharp/Beck) WHEREAS, an application has been received from Gary Tharp and Jim Beck (2865 Ferrocarril Road, CA 93422), Applicants and Property Owners, to consider a project consisting of a Zone Change from RS (Residential Suburban) to RS / PD -16 (Residential Suburban with Planned Development Overlay #16) with the adoption of a Master Plan of Development, and a five lot -residential Tentative Tract Map on APN 049-022-011; and, WHEREAS, the site's General Plan Designation is SE (Suburban Estates); and, WHEREAS, the Planning Commission has recommended that the site's Zoning District be changed from RS (Residential Suburban) to RS/PD-16 (Residential Suburban/Planned Development Overlay #16); and, WHEREAS, the PD -16 requires the adoption of a Master Plan of Development, approved in the form of a Conditional Use Permit; and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2006-0022 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Change application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Master Plan of Development; and, ITEM NUMBER: 4 DATE: 8-15-06 WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on August 15, 2006, studied and considered the Master Plan of Development (CUP 2005-0171), after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and 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) including the PD -16 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. 6. The Master Plan of Development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area; and 7. Benefits derived from the Master Plan of Development and PD -16 overlay zone cannot be reasonably achieved through existing development standards or processing requirements; and, SECTION 2. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on August 15, 2006, resolved to recommend that the City Council approve Conditional Use Permit 2005-0171 (Master Plan of Development) subject to the following: 1. EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program 2. EXHIBIT B: Master Plan of Development ITEM NUMBER: 4 DATE: 8-15-06 BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) ADOPTED: CITY OF ATASCADERO, CA Ellen Beraud Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary ITEM NUMBER: DATE: 8-15-06 EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program PD -16 Master Plan of Development (CUP 2005-0171/ZCH 2005-0107/TTM 2004-0059) Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services 2865 Ferrocarril Road BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department PD -16 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2005-0171/ZCH 2005-0107/TTM 2004-0059 TO: Temporary occupancy WW: Wastewater CA: City Attorney F0: Final Occupancy Planning Services 1. The approval of this conditional use permit shall become final and BP PS effective following City Council approval. 2. Approval of this Conditional Use Permit shall be valid for twenty-four 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. 3. Subsequent changes to the Master Plan of Development shall be On-going PS approved by the Planning Commission, independent of Council action. 4. The Community Development Department shall have the authority BP/FM PS to approve the following minor changes to the project the (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. Any other changes to the Master Plan of Development shall be subject to City Council approval. Any associated Tentative Maps unless shall be subject to Planning Commission approval. 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 site work, grading, and site improvements shall be consistent with BP/FM PS the Master Plan of Development as shown in EXHIBIT B. 7. All subsequent Maps and construction permits shall be consistent BP/FM PS with the Master Plan of Development contained herein and the Tentative Tract Map. 8. Prior to recordation of the final map the applicant shall submit, for BP PS review and approval: ITEM NUMBER: DATE: 8-15-06 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services 2865 Ferrocarril Road BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department PD -16 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2005-0171/ZCH 2005-0107/TTM 2004-0059 TO: Temporary occupancy WW: Wastewater CA: City Attorney F0: Final Occupancy ■ Fencing plan, including materials and treatments ■ Landscaping plan for all disturbed site area. ■ Project shall not be gated. 9. Affordable Housing Requirement: The applicant shall either deed FM, BP PS, CE restrict a minimum of 1 residential unit for 30 years at a moderate income rate with recordation of the final map or shall pay an in lieu fee equal to 5% of the construction valuation of each unit. 10. Workforce Housing: FM, BP PS, CE Prior to recordation of final map, the applicant shall enter into a legal agreement with the City to reserve '/2 of the units for sale to residents or workers within the City of Atascadero, including the affordable units. The agreement shall include the following provisions: The units shall be offered for sale to residents or workers within the City of Atascadero for a minimum of 60 -days. During this time period offers may only be accepted from Atascadero residents or workers; The applicant shall provide reasonable proof to the City that at least one of the qualified buyers is a resident or worker within the City Limits of Atascadero; The Atascadero resident or worker restriction shall apply to the initial sale only; The applicant shall identify which units will be reserved; and the City Attorney shall approve the final form of the agreement. 11. The emergency services and facility maintenance costs listed below shall be 100% funded by the project in perpetuity. The service and maintenance costs shall be funded through a community facilities district established by the City at the developer's cost. The funding mechanism must be in place prior to or concurrently with acceptance of the final maps. The funding mechanism shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any final map. The administration of the above mentioned funds shall be by the City. Developer agrees to participate in the community facilities district and to take all steps reasonably required by the City with regard to the establishment of the district and assessment of the property. ■ All Atascadero Police Department service costs to the project. ITEM NUMBER: DATE: 8-15-06 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services 2865 Ferrocarril Road BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department PD -16 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2005-0171/ZCH 2005-0107/TTM 2004-0059 TO: Temporary occupancy WW: Wastewater CA: City Attorney F0: Final Occupancy ■ All Atascadero Fire Department service costs to the project. ■ Off-site common City of Atascadero park facilities maintenance service costs related to the project. 12. All tract maintenance costs listed below shall be 100% funded by the project in perpetuity. The service and maintenance cost shall be funded through a Maintenance Agreement established by the developer subject to City approval. The Agreement must be in place prior to, or concurrently with acceptance of any final maps. The Agreement 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. a) All streets, bridges, sidewalks, streetlights, street signs, roads, emergency access roads, emergency access gates, and sewer mains within the project. b) All parks, trails, recreational facilities and like facilities. c) All open space and native tree preservation areas. d) All drainage facilities and detention basins. e) All creeks, flood plains, floodways, wetlands, and riparian habitat areas. 13. In conjunction with the recordation of the final tract map, the FM PS, CE developer shall record an Open Space Easement and a Pedestrian Access Easement, reviewed and approved by the Community Development Department. These easements shall also be shown on the face of the final tract map and shall be consistent with the easement shown on the approved tentative tract map. Building Services 13. A soils investigation prepared by a licensed Geotechnical BP FM 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 14. All street names shall be reviewed and approved by the FM PS, FD, PD Community Development Department, the Fire Department, and the Police Department. Street names and addresses shall be ITEM NUMBER: DATE: 8-15-06 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services 2865 Ferrocarril Road BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department PD -16 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2005-0171/ZCH 2005-0107/TTM 2004-0059 TO: Temporary occupancy WW: Wastewater CA: City Attorney F0: Final Occupancy approved and assigned prior to recordation of the final map. 15. Note on plans that fire lanes shall be delineated to restrict parking BP PS/FD as required by the Fire Authority. Engineering Conditions: City Engineer Project Conditions 16. Applicant shall construct the extension of Chico Road to the 401A BP CE City Standard, modified as shown on the tentative map. 17. A railing shall be provided along the top of the retaining wall on GP, BP CE, BS Chico Road adjacent to the horse trail/pedestrian access in conformance with the California Building Code City Engineer Standard Conditions 18. In the event that the applicant bonds for the public improvements GP, BP CE required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 19. An engineer's estimate of probable cost shall be submitted for GP, BP CE review and approval by the City Engineer to determine the amount of the bond. 20. The Subdivision Improvement Agreement shall record concurrently FM CE with the Final Map. 21. A six (6) foot Public Utility Easement (PUE) shall be provided GP, BP CE contiguous to the property frontage. 22. The applicant shall acquire title interest in any off-site land that may GP, BP 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. 23. Slope easements shall be obtained by the applicant as needed to GP, BP CE accommodate cut or fill slopes. 24. Drainage easements shall be obtained by the applicant as needed to GP, BP CE accommodate both public and private drainage facilities. 25. A preliminary subdivision guarantee shall be submitted for review in FM CE conjunction with the processing of the tract map. 26. The final map shall be signed by the City Engineer prior to the map FM CE ITEM NUMBER: DATE: 8-15-06 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services 2865 Ferrocarril Road BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department PD -16 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2005-0171/ZCH 2005-0107/TTM 2004-0059 TO: Temporary occupancy WW: Wastewater CA: City Attorney F0: Final Occupancy being placed on the agenda for City Council acceptance. 27. Prior to recording the tract map, the applicant shall pay all FM CE outstanding plan check/inspection fees. 28. Prior to recording the map, the applicant shall bond for or complete FM CE all improvements required by these conditions of approval. 29. Prior to recording the tract map, the applicant shall bond for or set FM CE monuments at all new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the parcel map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 30. Prior to recording the tract 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. 31. 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. 32. Prior to recording the tract 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. 33. 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. 34. Submit calculations to support the design of any structures or pipes. GP, BP CE Closed conduits shall be designed to convey the 10 -year flow with gravity flow, the 25 -year flow with head, and provide safe conveyance for the 100 -year overflow. 35. Show the method of dispersal at all pipe outlets. Include GP, BP CE specifications for size & type. ITEM NUMBER: DATE: 8-15-06 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services 2865 Ferrocarril Road BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department PD -16 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2005-0171/ZCH 2005-0107/TTM 2004-0059 TO: Temporary occupancy WW: Wastewater CA: City Attorney F0: Final Occupancy 36. 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. 37. Applicant shall submit erosion control plans and a Storm Water GP, BP CE Pollution Prevention Plan (SWPPP). A SWPPP is required where greater than 1 acre is disturbed by construction of the project. The Regional Water Quality Control Board shall approve the SWPPP. 38. 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 39. The on-site residential streets shall be improved consistent with the GP, BP CE Tentative Tract Map. 40. Off-site streets shall be improved consistent with the Tentative Tract GP, BP CE Map. 41. Alignment of frontage improvements shall be approved by the City GP, BP CE Engineer. 42. A mechanism to provide for the funding of maintenance for lighting, GP, BP CE street improvements, special paving surfaces, sewer, storm drain, common area landscape, open space, and/or hardscape shall be provided. 43. All utilities shall be undergrounded on project frontage GP, BP CE AMWC Conditions 44. Before issuance of building permits, the applicant shall obtain a "Will Serve" letter from AMWC for the newly created lots within the subdivision. Mitigation Measures Mitigation Measure 1.c.1: Individual units shall be painted with earth toned BP PS 1.c.1 colors. All materials shall be high quality and designed to blend with the surrounding environment. Mitigation Measure 1.c.2: An open space easement and a BP PS 1.c.2 pedestrian/equestrian trail shall be incorporated into the design along the western edge of the project to maintain the rural visual character of the project site. ITEM NUMBER: DATE: 8-15-06 Conditions of Approval / Mitigation Monitoring Program 2865 Ferrocarril Road PD -16 Master Plan of Development CUP 2005-0171/ZCH 2005-0107/TTM 2004-0059 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary occupancy F0: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure Mitigation Measure 1.d.1: All lighting shall be residential in nature. A BP PS 1.d.1 maximum of 1 common light post may be permitted at the terminus of the driveway for safety. Any such light post and fixture shall be full cut-off and a maximum of 12 -feet in height. The light shall be placed on a motion sensor and shall not be left on past 10pm. Mitigation Measure 3.b.1: The project shall be conditioned to comply with BP BS 3.b.1 all applicable District regulations pertaining to the control of fugitive dust (PM -10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. ■ Asbestos has been identified by the state Air Resources Board as a toxic air contaminant. Serpentine and ultramafic rocks are very common in the state and may contain naturally occurring asbestos. Under the State Air Resources Board Air Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface Mining Operations, prior to any grading activities at the site, the project proponent shall ensure that a geologic evaluation is conducted to determine if naturally occurring asbestos is present within the area that will be disturbed. If Naturally Occurring Asbestos (NOA) is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM for Construction, Grading, Quarrying, and Surface Mining Operations. If NOA is not present, an exemption request must be filed with the District. If NOA is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM. This may include development of an Asbestos Dust Mitigation Plan and an Asbestos Health and Safety Program for approval by the APCD. Should Naturally Occurring Asbestos be identified within the area of construction, and the worked area will be less than or equal to one acre, then the dust control measures identified below are required. If the disturbed area is greater than one acre, additional requirements may include but are not limited to 1) an Asbestos Dust Mitigation Plan which must be approved by the District before construction begins, and 2) an Asbestos Health and Safety Program will also be required for some projects. ■ Dust Control Measures for Construction and Grading Operation Projects One Acre or Less: No person shall engage in any construction or grading operation on property where the area to be disturbed is one (1.0) acre or less unless all of the following dust mitigation measures are initiated at the start and maintained throughout the duration of the construction or grading activity: 1. Construction vehicle speed at the work site must be limited to fifteen (15) miles per hour or less; 2. Prior to any ground disturbance, sufficient water must be applied to the area to be disturbed to prevent visible emissions from crossing the property line; 3. Areas to be graded or excavated must be kept adequately wetted to prevent visible emissions from crossing the property line; ITEM NUMBER: DATE: 8-15-06 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services 2865 Ferrocarril Road BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department PD -16 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2005-0171/ZCH 2005-01071TTM 2004-0059 TO: Temporary occupancy WW: Wastewater CA: City Attorney F0: Final Occupancy 4. Storage piles must be kept adequately wetted, treated with a chemical dust suppressant, or covered when material is not being added to or removed from the pile; 5. Equipment must be washed down before moving from the property onto a paved public road; and 6. Visible track -out on the paved public road must be cleaned using wet sweeping or a HEPA filter equipped vacuum device within twenty-four (24) hours. Mitigation Measure 4.b.1: Prior to issuance of grading/building permits, the BP PS 4.e.1 small riparian scrub area at the northwest corner and freshwater marsh area at the southern tip of the property shall be fenced with protective fencing at the limit of the area plus 5 feet. There shall be no construction activity or storage of materials or vehicles in these areas. All sanitation facilities shall be placed outside these areas and outside the dripline of any native tree. Mitigation Measure 4.d.1: In accordance with the Migratory Bird Treaty Act GP PS 4.d.1 of 1918, the applicant shall contact the United States Fish and Wildlife Service (USFWS) for direction. The applicant shall provide copies of all correspondence with USFWS prior to issuance of grading/building permits and shall incorporate all recommended mitigation measures into the project design. BP PS 4.e.1 Mitigation Measure 4.e.1: The Grading Plan shall identify tree protection fencing around the dripline, or as recommended by the project arborist, of each existing on-site or off-site native tree. At no time shall tree roots be ripped with construction equipment. If any roots, over 2 inches are accidentally ripped they shall be cut perpendicular to the direction of growth with a handsaw and no tree wound paint shall be applied. ITEM NUMBER: DATE: 8-15-06 Conditions of Approval / Mitigation Monitoring Program 2865 Ferrocarril Road PD -16 Master Plan of Development CUP 2005-0171/ZCH 2005-0107/TTM 2004-0059 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary occupancy F0: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure Mitigation Measure 4.e.2: Grading and excavation and grading work shall GP PS 4.e.2 be consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: 1. All existing trees outside of the limits of work shall remain. 2. Earthwork shall not exceed the limits of the project area. 3. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 4. Vehicles and stockpiled material and sanitation facilities shall be stored outside the dripline of all native trees. 5. All trees within the area of work shall be fenced for protection with 4 - foot chain link, snow or safety fencing placed per the approved tree protection plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing shall remain in place until completion of all construction activities. 6. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. ITEM NUMBER: DATE: 8-15-06 Conditions of Approval / Mitigation Monitoring Program 2865 Ferrocarril Road PD -16 Master Plan of Development CUP 2005-0171/ZCH 2005-0107/TTM 2004-0059 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary occupancy F0: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure Mitigation Measure 4.e.3: The developer shall contract with a certified GP BS 6.c.d 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: 1. 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. 2. 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. 3. 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. ■ Pathways, driveways, and parking areas that run under tree canopies shall be made out of porous pavers to allow oxygen and moisture to reach root systems. ■ Utilities such as water, gas, power, cable, storm drainage, telephone and sewer should be directed away from under canopies and the critical root zone (CRZ) of the trees. If this is not possible or feasible, then they should be bored under the tree at a minimum depth of 3 feet. Consult with the Arborist for further direction if necessary. ■ Where a building is placed within the canopy of a tree the foundation or walls should be designed so that it bridges across any root system. ■ Any foundation or other structure that encroaches within the dripline of trees shall be dug by hand or a small piece of equipment. ITEM NUMBER: DATE: 8-15-06 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services 2865 Ferrocarril Road BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department PD -16 Master Plan of Development BP: Building Permit FI: Final Inspection PD: Police Department CE: City Engineer CUP 2005-0171/ZCH 2005-0107/TTM 2004-0059 TO: Temporary occupancy WW: Wastewater CA: City Attorney F0: Final Occupancy 4. 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 5.b.1: The project architect shall prepare development GP PS 5.b.1 plans that avoid the archaeological site. In the event that testing reveals archaeological deposits with integrity and significant scientific values, the project plan should be designed to minimize disturbance of site soils and thereby protect the resources. If testing shows the deposits to be shallow, depleted and generally insignificant, then plans need not be prepared to avoid impacts. Mitigation Measure 5.b.2: Prior to issuance of grading/building permits, the GP PS 5.b.2 developer shall have a Phase II archaeological investigation to determine the dimensions of the archaeological deposits, their physical characteristics, and material contents. Different areas should be systematically sampled, and all recovered materials should be thoroughly processed, identified, and analyzed. Before Phase II sampling begins, the project archaeologist should prepare a comprehensive research design which includes a sampling strategy and an analytical framework. Mitigation Measure 5.b.3: The data from the Phase II sampling shall be GP PS 5.b.3 evaluated and using the California Environmental Quality Act guidelines, a determination shall be made regarding classification of the site as an "important cultural resource." Mitigation Measure 5.b.4: If the Phase II testing shows that significant GP PS 5.b.4 resources do exist then a Phase III mitigation and management plan shall be prepared to deal with expected impacts. The project archaeologist shall aide in developing a mitigation plan with the goal of preserving the archaeological resource. Mitigation Measure 5.d.1: In the event of the accidental discovery or GP PS 5.b.4 recognition of any human remains, the following steps shall be taken -- There shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the coroner of the county in which the remains are discovered has been contacted to determine that no investigation of the cause of death is required, and to determine if the remains are of Native American heritage. If the remains are of Native American Heritage, the coroner shall contact the Native American Heritage Commission within 24 hours. Mitigation Measure 6.a.c.1: Prior to issuance of grading/building permits, GP CE 115.15 the developer shall submit a geotechnical investigation that addresses earthquake and liquefaction potential. Based on this report, all recommendations for building and site design shall be implemented. ITEM NUMBER: DATE: 8-15-06 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure PS: Planning Services 2865 Ferrocarril Road BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department PD -16 Master Plan of Development FI: Final Inspection CE: City Engineer CUP 2005-0171/ZCH 2005-0107/TTM 2004-0059 TO: Temporary occupancy WW: Wastewater CA: City Attorney F0: Final Occupancy Mitigation Measure 8e.f.1: A Stormwater Pollution Prevention Plan BP CE 8.0 (SWPPP)/Erosion Control Plan shall be submitted and approved by the City Engineer prior to the issuance of the building permit. The plan shall include storm water measures for the operation and maintenance of the project for the review and approval of the City Engineer. The Building Permit application plans shall identify Best Management Practices (BMPs) appropriate to the uses conducted on site that effectively prohibit the entry of pollutants into storm water runoff. Mitigation Measure 8.e.f.2: The developer is responsible for ensuring that BP BS,PS,CE 8.ef.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 11.d: All construction activities shall comply with the Ongoing BS/PS 11.d City of Atascadero Noise Ordinance for hours of operation. Mitigation Measure 15.a.b.1: Chico Road shall be extended to provide BP CE 15.a.b.1 ingress/egress to the four new residential units. ITEM NUMBER: 4 DATE: 8-15-06 EXHIBIT B: Master Plan of Development EXHIBIT C: Preliminary Grading and Drainage Plan ITEM NUMBER: 4 DATE: 8-15-06 1 5 5 I I ITEM NUMBER: 4 DATE: 8-15-06 ATTACHMENT 6: Draft Resolution PC 2006-0077 ZCH 2005-0107/TTM 2004-0059 Proposed Tentative Tract Map DRAFT RESOLUTION PC 2006-0077 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE TENTATIVE TRACT MAP 2004- 00599 A FIVE LOT SUBDIVISION CONSISTENT WITH A MASTER PLANOF DEVELOPMENT ON APN 049-022-011 (2865 Ferrocarril Road / Tharp/Beck) WHEREAS, an application has been received from Gary Tharp and Jim Beck (2865 Ferrocarril Road, CA 93422), Applicants, and Property Owners, to consider a project consisting of a Zone Change from RS (Residential Suburban) to RS / PD -16 (Residential Suburban with Planned Development Overlay #16) with the adoption of a Master Plan of Development, and a five -lot residential Tentative Tract Map on APN 049-022-011; and, WHEREAS, the site's General Plan Designation is SE (Suburban Estate); and, WHEREAS, the Planning Commission has recommended that the site's Zoning District be changed from RS (Residential Suburban) to RS/PD-16 (Residential Suburban/Planned Development Overlay #16); and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2006-0022 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Vesting Tentative Tract Map application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said application; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on August 15, 2006, studied and considered Vesting Tentative Tract Map 2004-0059, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project; and, ITEM NUMBER: 4 DATE: 8-15-06 NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings of Approval for Tentative Tract Map, the Planning Commission of the City of Atascadero finds as follows: 1. The proposed subdivision, design and improvements as conditioned, is consistent with the General Plan and applicable zoning requirements. 2. The proposed subdivision, as conditioned, is consistent with the proposed Planned Development Overlay District #16 Master Plan of Development (CUP 2005-0171). 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the density of development proposed. 5. The design and improvement of the proposed subdivision will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat. 6. The design of the subdivision will not conflict with easements acquired by the public at large for access through, or the use of property within, the proposed subdivision; or substantially equivalent alternative easements are provided. 7. Covenants, Conditions and Restrictions (CC&R's), or similar for of maintenance mechanism, shall be required that incorporate the planned development conditions of approval to ensure that the site retains the qualities (architecture, colors, materials, street amenities, fencing, and landscaping) over time. 8. The proposed subdivision design and type of improvements proposed will not be detrimental to the health, safety or welfare of the general public. SECTION 2. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on August 15, 2006, resolved to recommend that the City Council approval of Vesting Tentative Tract Map (TTM 2004-0059) subject to the following: 1. Exhibit A: Vesting Tentative Tract Map 2004-0059 2. Exhibit B: Conditions of Approval / Mitigation Monitoring Program. ITEM NUMBER: 4 DATE: 8-15-06 BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ABSENT: ( ) ABSTAIN: ( ) ADOPTED: CITY OF ATASCADERO, CA Ellen Beraud Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary ITEM NUMBER: 4 DATE: 8-15-06 Exhibit A: Tentative Tract Map 2004-0059 ITEM NUMBER: DATE: 8-15-06 Exhibit B: Conditions of Approval / Mitigation Monitoring Program Tentative Tract Map 2004-0059 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services 2865 Ferrocarril Road SIP: Subdivision FD: Fire Department Vesting Tentative Tract Map Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TTM 2004-0059 TO: Temporary occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy Planning Services 1. The approval of this Tentative Tract Map shall become final and FM PS effective following approval of Zone Change 2005-0107 and CUP 2005-0171. 2. Approval of this Tentative Tract Map shall be valid for two years FM PS after its effective date. At the end of the period, the approval shall expire and become null and void unless an extension of time is granted pursuant to a written request received prior to the expiration date. 3. The Community Development Department shall have the 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 Tract Map shall be subject to additional fees for park or FM PS recreation purposes (QUIMBY Act) as required by City Ordinance. 5. The granting of this entitlement shall apply to the property On going PS located at 2865 Ferrocarril Road (APN 049-022-011) regardless of owner. 6. The Final Map shall be drawn in substantial conformance with FM PS 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. 7. The subdivider shall defend, indemnify, and hold harmless the FM PS City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the subdivision. 8. Prior to recordation of the final map the applicant shall submit, BP PS for review and approval: ■ Fencing plan, including materials and treatments ITEM NUMBER: DATE: 8-15-06 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 2865 Ferrocarril Road BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Tentative Tract Map ImpVesting FMrFnalMapovement lans PD: City EngineDeparter CE: City Engineer TTM 2004-0059 TO: Temporary occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy ■ Landscaping plan for all disturbed site area. ■ Project shall not be gated. 9. Affordable Housing Requirement: The applicant shall either FM, BP PS, CE deed restrict a minimum of 1 residential unit for 30 years at a moderate income rate with recordation of the final map or shall pay an in lieu fee equal to 5% of the construction valuation of each unit. 10. Workforce Housing: FM, BP PS, CE Prior to recordation of final map, the applicant shall enter into a legal agreement with the City to reserve '/2 of the units for sale to residents or workers within the City of Atascadero, including the affordable units. The agreement shall include the following provisions: The units shall be offered for sale to residents or workers within the City of Atascadero for a minimum of 60 -days. During this time period offers may only be accepted from Atascadero residents or workers; The applicant shall provide reasonable proof to the City that at least one of the qualified buyers is a resident or worker within the City Limits of Atascadero; The Atascadero resident or worker restriction shall apply to the initial sale only; The applicant shall identify which units will be reserved; and the City Attorney shall approve the final form of the agreement. 11. The emergency services and facility maintenance costs listed below shall be 100% funded by the project in perpetuity. The service and maintenance costs shall be funded through a community facilities district established by the City at the developer's cost. The funding mechanism must be in place prior to or concurrently with acceptance of the final maps. The funding mechanism shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any final map. The administration of the above mentioned funds shall be by the City. Developer agrees to participate in the community facilities district and to take all steps reasonably required by the City with regard to the establishment of the district and assessment of the property. ■ All Atascadero Police Department service costs to the ITEM NUMBER: DATE: 8-15-06 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 2865 Ferrocarril Road BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Tentative Tract Map ImpVesting FM: Final Plans FnalMap PD: Police Department CE: City Engineer TTM 2004-0059 TO: Temporary occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy project. ■ All Atascadero Fire Department service costs to the project. ■ Off-site common City of Atascadero park facilities maintenance service costs related to the project. 12. All tract maintenance costs listed below shall be 100% funded by the project in perpetuity. The service and maintenance cost shall be funded through a Maintenance Agreement established by the developer subject to City approval. The Agreement must be in place prior to, or concurrently with acceptance of any final maps. The Agreement 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. f) All streets, bridges, sidewalks, streetlights, street signs, roads, emergency access roads, emergency access gates, and sewer mains within the project. g) All parks, trails, recreational facilities and like facilities. h) All open space and native tree preservation areas. i) All drainage facilities and detention basins. j) All creeks, flood plains, floodways, wetlands, and riparian habitat areas. 13. In conjunction with the recordation of the final tract map, the FM PS, CE developer shall record an Open Space Easement and a Pedestrian Access Easement, reviewed and approved by the Community Development Department. These easements shall also be shown on the face of the final tract map and shall be consistent with the easement shown on the approved tentative tract map. 14. Prior to recordation of the final map the applicant shall submit, for BP PS review and approval: ■ Fencing plan, including materials and treatments • Landscaping plan for all disturbed site area. ■ Project shall not be gated. Building Services ITEM NUMBER: DATE: 8-15-06 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 2865 Ferrocarril Road BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Tentative Tract Map ImpVesting FMrFnalMapovement lans PD: City EngineDeparter CE: City Engineer TTM 2004-0059 TO: Temporary occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy 15. A soils investigation prepared by a licensed Geotechnical BP FM 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 16. All street names shall be reviewed and approved by the FM PS, FD, PD Community Development Department, the Fire Department, and the Police Department. Street names and addresses shall be approved and assigned prior to recordation of the final map. 17. Note on plans that fire lanes shall be delineated to restrict BP PS/FD parking as required by the Fire Authority. Engineering Conditions: City Engineer Project Conditions 18. Applicant shall construct the extension of Chico Road to the BP CE 401A City Standard, modified as shown on the tentative map. 19. A railing shall be provided along the top of the retaining wall on GP, BP CE, BS Chico Road adjacent to the horse trail/pedestrian access in conformance with the California Building Code City Engineer Standard Conditions 20. In the event that the applicant bonds for the public GP, BP CE improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 21. An engineer's estimate of probable cost shall be submitted for GP, BP CE review and approval by the City Engineer to determine the amount of the bond. 22. The Subdivision Improvement Agreement shall record FM CE concurrently with the Final Map. 23. A six (6) foot Public Utility Easement (PUE) shall be provided GP, BP CE contiguous to the property frontage. 24. The applicant shall acquire title interest in any off-site land that GP, BP CE may be required to allow for the construction of the improvements. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain ITEM NUMBER: DATE: 8-15-06 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 2865 Ferrocarril Road BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Tentative Tract Map ImpVesting FMrFnalMapovement lans PD: City EngineDeparter CE: City Engineer TTM 2004-0059 TO: Temporary occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy concurrence from all adjacent property owners whose ingress and egress is affected by these improvements. 25. Slope easements shall be obtained by the applicant as needed GP, BP CE to accommodate cut or fill slopes. 26. Drainage easements shall be obtained by the applicant as GP, BP CE needed to accommodate both public and private drainage facilities. 27. A preliminary subdivision guarantee shall be submitted for FM CE review in conjunction with the processing of the tract map. 28. The final map shall be signed by the City Engineer prior to the FM CE map being placed on the agenda for City Council acceptance. 29. Prior to recording the tract map, the applicant shall pay all FM CE outstanding plan check/inspection fees. 30. Prior to recording the map, the applicant shall bond for or FM CE complete all improvements required by these conditions of approval. 31. Prior to recording the tract map, the applicant shall bond for or FM CE set monuments at all new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the parcel map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 32. Prior to recording the tract map, the applicant shall submit a FM CE map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 33. 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. 34. Prior to recording the tract map, the applicant shall have the FM CE map reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company indicating their review of the map. The letter shall identify any new easements that may be required by the ITEM NUMBER: DATE: 8-15-06 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 2865 Ferrocarril Road BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Tentative Tract Map ImpVesting FM: Final Plans FnalMap PD: Police Department CE: City Engineer TTM 2004-0059 TO: Temporary occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the parcel map. 35. Prior to the issuance of building permits the applicant shall GP, BP CE submit plans and supporting calculations/reports including street improvements, underground utilities, composite utilities, and grading/drainage plans prepared by a registered civil engineer for review and approval by the City Engineer. 36. Submit calculations to support the design of any structures or GP, BP CE pipes. Closed conduits shall be designed to convey the 10 -year flow with gravity flow, the 25 -year flow with head, and provide safe conveyance for the 100 -year overflow. 37. Show the method of dispersal at all pipe outlets. Include GP, BP CE specifications for size & type. 38. Concentrated drainage from off-site areas shall be conveyed GP, BP CE across the project site in drainage easements. Acquire drainage easements where needed. Drainage shall cross lot lines only where a drainage easement has been provided. If drainage easement cannot be obtained the storm water release must follow the exact historic path, rate and velocity as prior to the subdivision. 39. Applicant shall submit erosion control plans and a Storm Water GP, BP CE Pollution Prevention Plan (SWPPP). A SWPPP is required where greater than 1 acre is disturbed by construction of the project. The Regional Water Quality Control Board shall approve the SWPPP. 40. All public improvements shall be constructed in conformance GP, BP CE with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer 41. The on-site residential streets shall be improved consistent with GP, BP CE the Tentative Tract Map. 42. Off-site streets shall be improved consistent with the Tentative GP, BP CE Tract Map. 43. Alignment of frontage improvements shall be approved by the GP, BP CE City Engineer. 44. A mechanism to provide for the funding of maintenance for GP, BP CE lighting, street improvements, special paving surfaces, sewer, storm drain, common area landscape, open space, and/or ITEM NUMBER: DATE: 8-15-06 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 2865 Ferrocarril Road BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Tentative Tract Map ImpVesting FMrFnalMapovement lans PD: City EngineDeparter CE: City Engineer TTM 2004-0059 TO: Temporary occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy hardscape shall be provided. 45. All utilities shall be undergrounded on project frontage GP, BP CE AMWC Conditions 46. Before issuance of building permits, the applicant shall obtain a "Will Serve" letter from AMWC for the newly created lots within the subdivision. Mitigation Measures All mitigation measures identified in the Certified Mitigated Negative BP PS Declaration and in Conditional Use Permit 2005-0171 shall be implemented and shall be placed on all construction documents prior to issuance of building or grading permits. Mitigation Measure 1.c.1: Individual units shall be painted with earth BP PS 1.c.1 toned colors. All materials shall be high quality and designed to blend with the surrounding environment. Mitigation Measure 1.c.2: An open space easement and a BP PS 1.c.2 pedestrian/equestrian trail shall be incorporated into the design along the western edge of the project to maintain the rural visual character of the project site. Mitigation Measure 1.d.1: All lighting shall be residential in nature. A BP PS 1.d.1 maximum of 1 common light post may be permitted at the terminus of the driveway for safety. Any such light post and fixture shall be full cut- off and a maximum of 12 -feet in height. The light shall be placed on a motion sensor and shall not be left on past 10pm. Mitigation Measure 3.15.1: The project shall be conditioned to comply BP BS 3.b.1 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. ■ Asbestos has been identified by the state Air Resources Board as a toxic air contaminant. Serpentine and ultramafic rocks are very common in the state and may contain naturally occurring asbestos. Under the State Air Resources Board Air Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface Mining Operations, prior to any grading activities at the site, the project proponent shall ensure that a geologic evaluation is conducted to determine if naturally occurring asbestos is present within the area that will be disturbed. If Naturally Occurring Asbestos (NOA) is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM for Construction, Grading, Quarrying, and ITEM NUMBER: DATE: 8-15-06 Conditions of Approval / Mitigation Monitoring Program 2865 Ferrocarril Road Tentative Tract Map TTM 2004-0059 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision ImpVesting FMrFnalMapovement lans TO: Temporary occupancy FI: Final inspection F0: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: City EngineDeparter CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure Surface Mining Operations. If NOA is not present, an exemption request must be filed with the District. If NOA is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM. This may include development of an Asbestos Dust Mitigation Plan and an Asbestos Health and Safety Program for approval by the APCD. Should Naturally Occurring Asbestos be identified within the area of construction, and the worked area will be less than or equal to one acre, then the dust control measures identified below are required. If the disturbed area is greater than one acre, additional requirements may include but are not limited to 1) an Asbestos Dust Mitigation Plan which must be approved by the District before construction begins, and 2) an Asbestos Health and Safety Program will also be required for some projects. ■ Dust Control Measures for Construction and Grading Operation Projects One Acre or Less: No person shall engage in any construction or grading operation on property where the area to be disturbed is one (1.0) acre or less unless all of the following dust mitigation measures are initiated at the start and maintained throughout the duration of the construction or grading activity: 1. Construction vehicle speed at the work site must be limited to fifteen (15) miles per hour or less; 2. Prior to any ground disturbance, sufficient water must be applied to the area to be disturbed to prevent visible emissions from crossing the property line; 3. Areas to be graded or excavated must be kept adequately wetted to prevent visible emissions from crossing the property line; 4. Storage piles must be kept adequately wetted, treated with a chemical dust suppressant, or covered when material is not being added to or removed from the pile; 5. Equipment must be washed down before moving from the property onto a paved public road; and 6. Visible track -out on the paved public road must be cleaned using wet sweeping or a HEPA filter equipped vacuum device within twenty-four (24) hours. Mitigation Measure 4.b.1: Prior to issuance of grading/building BP PS 3.b.1 permits, the small riparian scrub area at the northwest corner and freshwater marsh area at the southern tip of the property shall be fenced with protective fencing at the limit of the area plus 5 feet. There shall be no construction activity or storage of materials or vehicles in these areas. All sanitation facilities shall be placed outside these areas and outside the dripline of any native tree. ITEM NUMBER: DATE: 8-15-06 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 2865 Ferrocarril Road BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Tentative Tract Map ImpVesting FMrFnalMapovement lans PD: City EngineDeparter CE: City Engineer TTM 2004-0059 TO: Temporary occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy Mitigation Measure 4.d.1: In accordance with the Migratory Bird GP PS 4.d.1 Treaty Act of 1918, the applicant shall contact the United States Fish and Wildlife Service (USFWS) for direction. The applicant shall provide copies of all correspondence with USFWS prior to issuance of grading/building permits and shall incorporate all recommended mitigation measures into the project design. BP PS 4.e.1 Mitigation Measure 4.e.1: The Grading Plan shall identify tree protection fencing around the dripline, or as recommended by the project arborist, of each existing on-site or off-site native tree. At no time shall tree roots be ripped with construction equipment. If any roots, over 2 inches are accidentally ripped they shall be cut perpendicular to the direction of growth with a handsaw and no tree wound paint shall be applied. Mitigation Measure 4.e.2: Grading and excavation and grading work GP PS 4.e.2 shall be consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: 7. All existing trees outside of the limits of work shall remain. 8. Earthwork shall not exceed the limits of the project area. 9. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 10. Vehicles and stockpiled material and sanitation facilities shall be stored outside the dripline of all native trees. 11. 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. 12. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. Mitigation Measure 4.e.3: The developer shall contract with a certified GP PS 4.e.3 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: 1. A written agreement between the arborist and the developer outlining an arborist monitoring schedule for each construction ITEM NUMBER: DATE: 8-15-06 Conditions of Approval / Mitigation Monitoring Program 2865 Ferrocarril Road Tentative Tract Map TTM 2004-0059 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision ImpVesting FMrFnalMapovement lans TO: Temporary occupancy FI: Final inspection F0: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: City EngineDeparter CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure phase through final inspection shall be submitted to and approved by planning staff prior to the issuance of building/grading permits. 2. 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. 4. 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 3/4 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. ■ Pathways, driveways, and parking areas that run under tree canopies shall be made out of porous pavers to allow oxygen and moisture to reach root systems. ■ Utilities such as water, gas, power, cable, storm drainage, telephone and sewer should be directed away from under canopies and the critical root zone (CRZ) of the trees. If this is not possible or feasible, then they should be bored under the tree at a minimum depth of 3 feet. Consult with the Arborist for further direction if necessary. ■ Where a building is placed within the canopy of a tree the foundation or walls should be designed so that it bridges across any root system. ■ Any foundation or other structure that encroaches within the dripline of trees shall be dug by hand or a small piece of equipment. ITEM NUMBER: DATE: 8-15-06 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 2865 Ferrocarril Road BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Tentative Tract Map ImpVesting FMrFnalMapovement lans PD: City EngineDeparter CE: City Engineer TTM 2004-0059 TO: Temporary occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy 5. 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 5.b.1: The project architect shall prepare GP PS 5.b.1 development plans that avoid the archaeological site. In the event that testing reveals archaeological deposits with integrity and significant scientific values, the project plan should be designed to minimize disturbance of site soils and thereby protect the resources. If testing shows the deposits to be shallow, depleted and generally insignificant, then plans need not be prepared to avoid impacts. Mitigation Measure 5.b.2: Prior to issuance of grading/building GP PS 5.b.2 permits, the developer shall have a Phase II archaeological investigation to determine the dimensions of the archaeological deposits, their physical characteristics, and material contents. Different areas should be systematically sampled, and all recovered materials should be thoroughly processed, identified, and analyzed. Before Phase II sampling begins, the project archaeologist should prepare a comprehensive research design which includes a sampling strategy and an analytical framework. Mitigation Measure 5.15.3: The data from the Phase II sampling shall GP PS 5.b.3 be evaluated and using the California Environmental Quality Act guidelines, a determination shall be made regarding classification of the site as an "important cultural resource." Mitigation Measure 5.b.4: If the Phase II testing shows that significant GP PS 5.b.4 resources do exist then a Phase III mitigation and management plan shall be prepared to deal with expected impacts. The project archaeologist shall aide in developing a mitigation plan with the goal of preserving the archaeological resource. Mitigation Measure 5.d.1: In the event of the accidental discovery or GP PS 5.b.4 recognition of any human remains, the following steps shall be taken -- There shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until the coroner of the county in which the remains are discovered has been contacted to determine that no investigation of the cause of death is required, and to determine if the remains are of Native American heritage. If the remains are of Native American Heritage, the coroner shall contact the Native American Heritage Commission within 24 hours. Mitigation Measure 6.a.c.1: Prior to issuance of grading/building GP CE 6.b permits, the developer shall submit a geotechnical investigation that ITEM NUMBER: DATE: 8-15-06 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 2865 Ferrocarril Road BP: Building Permit SIP: Subdivision BS: Building Services FD: Fire Department Tentative Tract Map ImpVesting FM: Final Plans FnalMap PD: Police Department CE: City Engineer TTM 2004-0059 TO: Temporary occupancy WW: Wastewater CA: City Attorney FI: Final inspection AMWC: Water Comp. F0: Final Occupancy addresses earthquake and liquefaction potential. Based on this report, all recommendations for building and site design shall be implemented. GP BS 6.c.d Mitigation Measure 8e.f.1: A Stormwater Pollution Prevention Plan BP CE 8.e.f (SWPPP)/Erosion Control Plan shall be submitted and approved by the City Engineer prior to the issuance of the building permit. The plan shall include storm water measures for the operation and maintenance of the project for the review and approval of the City Engineer. The Building Permit application plans shall identify Best Management Practices (BMPs) appropriate to the uses conducted on site that effectively prohibit the entry of pollutants into storm water runoff. Mitigation Measure 8.e.f.2: The developer is responsible for ensuring BP BS,PS,CE 8.ef.2 that all contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop work orders. Mitigation Measure 11.d: All construction activities shall comply with Ongoing BS/PS 11.d the City of Atascadero Noise Ordinance for hours of operation. Mitigation Measure 15.a.b.1: Chico Road shall be extended to provide BP CE 15.a.b.1 ingress/egress to the four new residential units. \\Cityha11\cdv1pmnt\- ZCH - Zone ChangeAZC 04\ZCH 2005-0107 1565 ECR (Tharp/Beck) PD-16\ZCH 2005-0107.PC SR 3-15-05.sm.doc