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HomeMy WebLinkAboutPC_2014-11-18_AgendaPacket WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website CITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Tuesday, November 18, 2014 – 7:00 P.M. Historic City Hall Council Chambers 6500 Palma Avenue, 4th Floor (Enter on Lewis Ave./Jr. High School Side) Atascadero, California 93422 CALL TO ORDER Pledge of Allegiance Roll Call: Chairperson Dennis Schmidt Vice Chairperson Mark Dariz Commissioner David Bentz Commissioner Duane Anderson Commissioner Len Colamarino Commissioner Christian Cooper Commissioner Jan Wolff APPROVAL OF AGENDA PUBLIC COMMENT (This portion of the meeting is reserved for persons wishing to address the Commission on any matter not on this agenda and over which the Commission has jurisdiction. Speakers are limited to three minutes. Please state your name for the record before making your presentation. The Commission may take action to direct the staff to place a matter of business on a future agenda.) PLANNING COMMISSION BUSINESS City of Atascadero Planning Commission Agenda Regular Meeting, November 18, 2014 Page 2 of 4 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website CONSENT CALENDAR (All items on the consent calendar are considered to be routine and non-controversial by City Staff and will be approved by one motion if no member of the Commission or public wishes to comment or ask questions.) 1. APPROVAL OF DRAFT ACTION MINUTES OF OCTOBER 21, 2014 2. APPROVAL OF 2015 PLANNING COMMISSION MEETING SCHEDULE COMMUNITY DEVELOPMENT STAFF REPORTS None PUBLIC HEARINGS DISCLOSURE OF EX PARTE COMMUNICATIONS: Prior to a project hearing Planning Commission Members must disclose any communications they have had on any quasi-judicial agenda items. This includes, but is not limited to, Tentative Subdivision Maps, Parcel Maps, Variances, Conditional Use Permits, and Planned Development Permits. This does not disqualify the Planning Commission Member from participating and voting on the matter, but gives the public and applicant an opportunity to comment on the ex parte communication. (For each of the following items, the public will be given an opportunity to speak. After a staff report, the Chair will open the public hearing and invite the applicant or applicant’s representative to make any comments. Members of the public will be invited to provide testimony to the Commission following the applicant. Speakers should state their name for the record and can address the Commission for three minutes. After all public comments have been received, the public hearing will be closed, and the Commission will discuss the item and take appropriate action(s).) 3. PLN 2007-1251 / PLN 2007-1197 MASTER PLAN OF DEVELOPMENT AMENDMENT / TENTATIVE PARCEL MAP (TPM) RECONSIDERATION FOR THE ATASCADERO TRIANGLE PROJECT FOR 6905 NAVAJOA AVE. (People’s Self Help Housing) Property Owner/Applicant: People’s Self Help Housing, 3533 Empleo St., San Luis Obispo, CA 93401 Project Title: PLN 2007-1251 / PLN 2007-1197 – Master Plan of Development Amendment / Tentative Parcel Map (TPM) Reconsideration for the Atascadero Triangle Project Project Location: 6905 Navajoa Ave., Atascadero California 93422 (San Luis Obispo County) APN: 030-283-007 & 008 Project Description: Proposed Master Plan of Development Amendments to a previously approved project known as the “Atascadero Triangle.” The approved project consists of eleven (11) single- family residential units ranging in size from 1,500 square feet (sf) to 1,600 sf. The applicant is proposing changes to the approved site plan and affordable housing requirements to accommodate construction of sweat equity built affordable housing units. Proposed amendments to the project include the following: A. Amendment to the Master Plan of Development (CUP 2007-0219) to eliminate a proposed “open space lot “ (Lot 3) and enlarge proposed residential lot 1 and 2; B. Reconsider Tentative Parcel Map (TPM) 2007-0091 reducing the total number of lots within the proposed subdivision from three (3) lots to two (2) lots, consistent with proposed Master Plan of Development Amendment; C. Amendment to the Master Plan of Development (CUP 2007-0219 / 2007-0208) City of Atascadero Planning Commission Agenda Regular Meeting, November 18, 2014 Page 3 of 4 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website COMMISSIONER COMMENTS AND REPORTS DIRECTOR’S REPORT ADJOURNMENT The next regular meeting will be on December 2, 2014 at City Hall Council Chambers, 6500 Palma Avenue, 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. and TTM 2007-0101 / TPM 2007-0091 modifying the affordable housing requirement conditions to allow construction of an affordable, sweat equity project; D. Additional amendments to the Master Plan of Development (CUP 2007-0219 / 2007-0208) and TTM 2007-0101 / TPM 2007-0091 for consistency with proposed development revisions including proposed elimination of a maintenance HOA for proposed park and revision to conditions of approval for consistency with proposed landscaping plan revisions. Zoning: Residential Multi-Family (RMF-20) / PD-7 Overlay District General Plan Designation: High Density Residential Proposed Environmental Determination: Consistent with Certified Mitigated Negative Declaration 2007-0027 Staff Recommendation: Staff recommends the Planning Commission adopt the following: 1. Adopt Resolution PC 2014-0027, recommending to the City Council approval of an Amendment to Conditional Use Permit 2007-0208 (Master Plan of Development for 9-unit PD-7) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and 2. Adopt Resolution PC 2014-0028, recommending to the City Council approval of amendments to the conditions of approval for Tentative Tract Map 2007 -0101 (nine lot subdivision), based on findings and subject to Conditions of A pproval and Mitigation Monitoring; and, 3. Adopt Resolution PC 2014-0029 recommending to the City Council approval of amendments to Conditional Use Permit 2007-0219 (Master Plan of Development for 2-unit PD-7 in conjunction with CUP 2007-0208) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, 4. Adopt Resolution PC 2014-0030 recommending to the City Council reconsideration of Tentative Parcel Map 2007-0091 reducing the number of approved lots from three (3) to two (2) and eliminating a private open space lot, based on findings and subject to Conditions of Approval and Mitigation Monitoring. City of Atascadero Planning Commission Agenda Regular Meeting, November 18, 2014 Page 4 of 4 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website 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, 6500 Palma Avenue, 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 business hours at the Front Counter of City Hall, 6500 Palma Avenue, Atascadero, and on our website, www.atascadero.org. All documents submitted by the public during Commission meetings that are either read into the record or referred to in their statement will be noted in the minutes and available for review in the Community Development Department. Commission meetings are audio recorded, and may be reviewed by the public. Copies of meeting recordings are available for a fee. Contact the City Clerk for more information (470-3400). In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager’s Office or the City Clerk’s Office, both at (805) 470-3400. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, “PUBLIC COMMENT”, the Chairperson will call for anyone from the audience having business with the Commission to approach the lectern and be recognized. 1. Give your name for the record (not required) 2. State the nature of your business. 3. All comments are limited to 3 minutes. 4. All comments should be made to the Chairperson and Commission. 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present. This is when items not on the Agenda may be brought to the Commission’s attention. A maximum of 30 minutes will be allowed for Public Comment Portion (unless changed by the Commission). TO SPEAK ON AGENDA ITEMS (from Title 2, Chapter 1 of the Atascadero Municipal Code) Members of the audience may speak on any item on the agenda. The Chairperson will identify the subject, staff will give their report, and the Commission will ask questions of staff. The Chairperson will announce when the public comment period is open and will request anyone interested to address the Commission regarding the matter being considered to step up to the lectern. If you wish to speak for, against or comment in any way: 1. You must approach the lectern and be recognized by the Chairperson. 2. Give your name for the record (not required). 3. Make your statement. 4. All comments should be made to the Chairperson and Commission. 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present. 6. All comments limited to 3 minutes. If you wish to use a computer presentation to support your comments, you must notify the Community Development Department at 470-3402 at least 24 hours prior to the meeting. Digital presentations brought to the meeting should be on a USB drive or CD. You are required to submit to the Recording Secretary a printed copy of your presentation for the record. Please check in with the Recording Secretary before the meeting begins to announce your presence and turn in the printed copy. The Chairperson will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Commission. PC Draft Action Minutes of 10/21/14 Page 1 of 3 CITY OF ATASCADERO PLANNING COMMISSION DRAFT ACTION MINUTES Regular Meeting – Tuesday, October 21, 2014 – 7:00 P.M. City Hall Council Chambers 6500 Palma Avenue, Atascadero, California CALL TO ORDER - 7:00 p.m. Chairperson Schmidt called the meeting to order at 7:00 p.m. and Commissioner Anderson led the Pledge of Allegiance. ROLL CALL Present: Commissioners Anderson, Bentz, Colamarino, Wolff, Vice Chairperson Dariz, and Chairperson Schmidt Absent: Commissioner Cooper (unexcused) Others Present: Recording Secretary, Annette Manier Staff Present: Community Development Director, Warren Frace Assistant Planner, Alfredo Castillo APPROVAL OF AGENDA MOTION: By Commissioner Bentz and seconded by Commissioner Wolff to approve the agenda. Motion passed 6:0 by a roll-call vote. PUBLIC COMMENT None Chairperson Schmidt closed the Public Comment period. PLANNING COMMISSION BUSINESS None ITEM NUMBER: ITEM NUMBER: 1 DATE: 11-18-14 PC Draft Action Minutes of 10/21/14 Page 2 of 3 CONSENT CALENDAR 1. APPROVAL OF ACTION MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON OCTOBER 7, 2014. MOTION: By Commissioner Bentz and seconded by Commissioner Colamarino to approve the consent calendar. Motion passed 6:0 by a roll-call vote. COMMUNITY DEVELOPMENT STAFF REPORTS 2. PLN 2014-1530 / TREE REMOVAL PERMIT FOR 8655 AZUCENA Property Owner: Steve Ruffino, PO Box 5575, Santa Maria, CA 93456 Certified Arborist: A&T Arborists, PO Box 1311, Templeton, CA 93465 Project Title: PLN 2014-1530 / TRP 2014-0179 Project Location: 8655 Azucena, Atascadero, CA 93422 APN 031-311-002 (San Luis Obispo County) Project Description: An applicant is requesting the removal of five (5) native trees on a vacant single-family residential lot. The trees proposed for removal include four (4) valley oaks totaling 69-inches DBH and one (1) coast live oak with two (2) 7-inch DBH trunks. Staff Recommendation: The Planning Commission adopt Resolution PC 2014-0026 to allow the removal of five (5) trees native trees required to develop a vacant single - family lot, subject to replanting mitigation and conditions of approval. EX PARTE COMMUNICATIONS Commissioner Bentz stated he received a phone call from Richard Shannon representing the property owner, and that Mr. Shannon asked for information on the Tree Ordinance. Chairperson Schmidt stated he also received a phone call from Richard Shannon and was invited to go out to the site. Chairperson Schmidt visited the site with Mr. Shannon and said the applicant wants to build a single story home at that location. PC Draft Action Minutes of 10/21/14 Page 3 of 3 Assistant Planner Castillo gave the staff report, and stated that the applicant has not submitted for a building permit yet. Replanting will occur as part of the building permit. Mr. Castillo answered questions from the Commission. PUBLIC COMMENT The following members of the public spoke during public comment: Chip Tamagni, Steve Ruffino, and Nate Otter. Vice Chairperson Dariz and Assistant Planner Castillo answered questions from Nate Otter. MOTION: By Commissioner Bentz and seconded by Commissioner Wolff to approve Resolution 2014- 0026 recommending that the Planning Commission approve PLN 2014-1530/TRP 2014- 0179 allowing the removal of one (1) Coast Live Oak totaling 14-inches DBH and four (4) Valley Oaks totaling 69-inches DBH located on Azucena Ave. Motion passed 6:0 by a roll-call vote. PUBLIC HEARINGS None COMMISSIONER COMMENTS AND REPORTS None DIRECTORS REPORT  Director Frace stated that Planning Commission meeting on November 4, 2014 will be cancelled. The next regular meeting will be on November 18, 2014, and will include a project for Atascadero Ave/Navajoa for People’s Self Help Housing.  Director Frace gave an update on the Sylvester’s tree removal, heritage oak trees in the downtown, and the ALPS meeting scheduled for October 21, 2014. ADJOURNMENT – 7:40 p.m. The next regular meeting of the Planning Commission is scheduled for November 18, 2014, at 7:00 p.m. at City Hall, Council Chambers, 6500 Palma Avenue, Atascadero. MINUTES PREPARD BY: _____________________________ Annette Manier, Recording Secretary t:\~ planning commission\pc minutes\pc minutes 2014\pc draft actn minutes 10 21 14.am.docx C I T Y O F A T A S C A D E R O COMMUNITY DEVELOPMENT DEPARTMENT 6500 PALMA AVE., ATASCADERO, CA 93422  (805) 461-5000  FAX (805) 461-7612 ITEM NUMBER: ITEM NUMBER: 2 DATE: 11-18-14 DRAFT Planning Commission Meeting Schedule 2015 MEETING DATE MEETING TYPE TIME LOCATION: Historic City Hall 6500 Palma Ave., Atascadero CA 93422 January 6 Regular 7:00p.m. “ January 20 Regular 7:00p.m. “ February 3 Regular 7:00 p.m. “ February 17 Regular 7:00 p.m. “ March 3 Regular 7:00p.m. “ March 17 Regular 7:00p.m. “ April 7 Regular 7:00 p.m. “ April 21 Regular 7:00 p.m. “ May 5 Regular 7:00 p.m. “ May 19 Regular 7:00 p.m. “ June 2 Regular 7:00p.m. “ June 16 Regular 7:00 p.m. “ July 7 Regular 7:00p.m. “ July 21 Regular 7:00 p.m. “ August 4 Regular 7:00 p.m. “ August 18 Regular 7:00 p.m. “ September 1 Regular 7:00p.m. “ September 15 Regular 7:00 p.m. “ October 6 Regular 7:00 p.m. “ October 20 Regular 7:00 p.m. “ November 3 Regular 7:00 p.m. “ November 17 Regular 7:00 p.m. “ December 1 Regular 7:00 p.m. “ December 15 Regular 7:00 p.m. “ Adopted t:\~ planning commission\pc meeting schedule\pc meeting schedule 2015.am.docx Atascadero Planning Commission Staff Report – Community Development Department Alfredo R. Castillo, AICP, Assistant Planner, 470-3436, acastillo@atascadero.org PLN 2007-1197 / PLN 2007-1251 Master Plan of Development Amendment Tentative Parcel Map (TPM) Reconsideration Atascadero Avenue Triangle / 6905 Navajoa Avenue (People’s Self Help Housing) Note: The project consists of two separate Master Plans and Tentative Maps.  Area 1: 9 lots CUP 2007-0208 / TTM 2007-0101;  Area 2: 3 lots CUP 2007-0219 / TPM 2007-0091. RECOMMENDATIONS: Area 1 1. Adopt Resolution PC 2014-0027, recommending to the City Council approval of an amendment to Conditional Use Permit 2007-0208 (Master Plan of Development for 9-unit PD-7) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, 2. Adopt Resolution PC 2014-0028, recommending to the City Council approval of amendments to the conditions of approval for Tentative Tract Map 2007-0101 (nine lot subdivision), based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, Area 2 3. Adopt Resolution PC 2014-0029 recommending to the City Council approval of amendments to Conditional Use Permit 2007-0219 (Master Plan of Development for 2-unit PD-7 in conjunction with CUP 2007-0208) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, 4. Adopt Resolution PC 2014-0030 recommending to the City Council reconsideration of Tentative Parcel Map 2007-0091 reducing the number of approved lots from three (2) to two (2) and eliminating a private open space lot, based on findings and subject to Conditions of Approval and Mitigation Monitoring. ITEM NUMBER: ITEM NUMBER: 3 DATE: 11-18-14 DRC RECOMMENDATIONS: The DRC reviewed the proposed amendments on September 9 and October 15, 2014 and recommends that the Planning Commission recommend approval of proposed changes to the Master Plan of Development for CUP 2007-0219 modifying the proposed private open space area in a previously approved tentative map. DISCUSSION: Area 1: Situation and Facts: PLN 2007-1197 / CUP 2007-0208 / TTM 2007-0101 1. Applicant / Owner: People’s Self Help Housing (PSSH) 3533 Employ Street San Luis Obispo, CA 93401 2. Project Address: 6905 Navajoa Avenue (San Luis Obispo County) APN 030-283-007 (Block Y-A, Lot 1, MB 04, Page 31) 3. General Plan Designation: High Density Residential (HDR) 4. Zoning District: Residential Multi-Family (RMF-20) / Planned Development Overlay (PD-7) 6. Site Area: Approximately 1.5 acres 7. Existing Use: Vacant 8. Environmental Status: Certified Mitigated Negative Declaration 2007-0027 Area 2: Situation and Facts: PLN 2007-1251/ TPM 2007-0091 / CUP 2007-0219 / DRC 2014-0056 1. Applicant / Owner: People’s Self Help Housing (PSSH) 3533 Employ Street San Luis Obispo, CA 93401 2. Project Address: 6905 Navajoa Avenue (San Luis Obispo County) APN 030-283-007 (Block Y-A, Lot 1, MB 04, Page 31) 3. General Plan Designation: High Density Residential (HDR) 4. Zoning District: Residential Multi-Family (RMF-20) / Planned Development Overlay (PD-7) 5. Site Area: Approximately 0.5 acres 6. Existing Use: Vacant 7. Environmental Status: Certified Mitigated Negative Declaration 2007-0027 Background Surrounding Land Use and Setting: North: Residential Multi-Family (RMF-20) East: Public (Former Atascadero Library / Atascadero Library GPA Project), Commercial Retail (Circle K), and Morro Road (Highway 41) South: Residential Multi-Family (RMF-10) West: Residential Multi-family (RMF-10) and Limited Single Family-X (1/2 acre minimum lot size) The project site, referred to in the General Plan as the “Atascadero Avenue Triangle,” is located just off of Morro Road (Highway 41). The project site is bordered by Navajoa Avenue, Atascadero Avenue, and San Andres Avenue. The site consists of three underlying Colony lots (block Y-A, lots 1, 2 and 3), totaling approximately 2 acres. Overall Project Site Atascadero Avenue Triangle LSF-X RMF-20 CR & PD-3 CR RMF-10 Atascadero Library GPA (In-Process) LSF-X Area 1 Area 2 3 Lots approved 2 Lots Proposed 9 Lots Approved Following the 1992 General Plan Update, the entire site (all three parcels) had a General Plan Designation of Recreation (REC) and a conflicting Zoning Map Designation of Residential Multi-Family (RMF-16). During the 2000 General Plan Update, a request was considered to change the General Plan Land Use Designation. The Council decided to designate the corner near Morro Road for a ½-acre park and designate the remainder of the site for 10 residential units. The General Plan created a Master Plan of Development Overlay (MPD Overlay #12) requirement for the site. The City did not have the funds to purchase the property nor maintain a proposed park. Because the City did not have the funds or the ability to acquire and develop, the previous developer requested that the City amend the General Plan to eliminate all requirements for a public park on the site. The Atascadero Avenue Triangle project was approved in 2008 as a General Plan Amendment, with two (2) Master Plan of Developments, and two (2) tentative subdivision maps by the City Council. The approved development consisted of a total of 11 residential units on lots ranging from 5,700 square feet (sf) to 7,000 square feet, and one (1) lot for development of an open space park area for private use only. Residential units ranged from 1,500 sf to 1,600 sf in size. The proposed homes included 2-car garages with frontage improvements along the existing road system of Atascadero Avenue, San Andres Road, and Navajoa Avenue. The previous applicant began the building permit process, and the permits were “ready to be issued” in 2009. The permits were never issued and the previous owner let the property go 2008 Approved Master Plan of Development 2008 Approval – Private Open Space Area-2 (CUP 2007-0219) into foreclosure. The property was purchased from the receiver by People’s Self Help Housing (PSHH) in December 2013. City staff met with People’s Self Help Housing in regards to the project approvals, specifically the private open space, and other amendments that need to be completed in order to move forward with recordation of the Final Map, building permit approval, and ultimately construction of 11 “sweat equity” affordable housing units. These units would be offered to families that have income levels ranging from very low income to moderate income levels. Purchasers of these properties provide “sweat equity”, as the families construct these homes alongside professional volunteers and contractors. The new applicant (PSHH) is not seeking any design changes to previously approved elevations, floor plans, or residential unit sizes. ANALYSIS: Site Plan Amendment The project was approved with two (2) Master Plan of Developments (Area 1 and Area 2) that govern development of all units within the project site. The reason was due in part to the previously existing underlying General Plan designation on one of the lots (park) and the intention to move forward with the project in phases. CUP 2007-0208 (Area 1) governs development of nine (9) residential units underlying lots 2 and 3 of Block Y-A. CUP 2007-0219 (Area 2) governs development of Lot 1 of Block Y-A. The proposed site plan amendments focus primarily on CUP 2007-0219 (Area 2) and the reduction of the number if proposed lots. CUP 2007-0219 requires the development of two (2) single family residences and third lot for the development of a private open Private “Park” Area 2 Area 1 2008 Approved Concept Sketch of Private Park space area. The Master Plan of Development for the intersection of Morro Road / San Andres Road / and Atascadero Avenue included a private open space park area that was to be designed to act as a buffer between the residences and Morro Road, as well as retain some characteristics envisioned by the General Plan . This private open space area was proposed to be fenced and gated for private use of the previous owner only. The private open space lot (lot 3) was not permitted for use by the proposed 11 unit development. As a part of the 2008 project approval, the previous owner committed to maintain the open space area. The private open space concept included pathways with decorative pavement on a 7,000 sf lot that was to include a commemorative wall and statue dedicated to Atascadero High School Athletics / Boosters. Other proposed features included a dry pond made of cobble rocks located at the front of the private open space area, a dry creek meandering through the area to combine with the landscape with an adjacent residential lot. Larger trees were proposed to line the back of the area to provide privacy for the adjacent residential properties. A statue was proposed at the center of the private landscape feature. Access gates were proposed to be located on each street frontage, and would allow the area to be locked for security purposes and to maintain the “private use” of the open space area. The intent of the private open space area was to provide the green space / open space envisioned for the corner of Atascadero Avenue / San Andres Avenue Morro Road by the General Plan. The private open space was consistent with City Council direction given to staff and previous applicant in 2007. With the previous property owner and applicant going into bankruptcy and forced to sell the project, the proposed private open space area concept has proven to be problematic for development. Since the City Council approved the project with the private open space feature, staff determined that the maintenance cost would be borne by a Homeowners Association (HOA) or other financial mechanism, consistent with conditions of approval. Staff met with the new owner / applicant (PSHH) to discuss how to implement the proposed park and not burden the future property owners with the cost of establishing a financial mechanism to maintain the open space feature. The applicant and staff worked in tandem with PSHH to come up with a solution to provide the open space buffer area consistent with previous project approvals. Changes to the private park were presented to the Design Review Committee (DRC) in September and October 2014. The DRC recommended that houses in Area 2 be re- oriented and moved to create a “front yard” look to the corner and provide additional rear and side yards. Additional front landscaping would be provided to accommodate mitigation plantings for tree removals, as well as, additional fencing will be provided at the corner of these lots to delineate the front yards. The maximum height of this fencing will be three (3) feet and consist of wood picket fencing. The DRC recommended re-orientation coupled with additional front yard landscaping is consistent with the Master Plan Area #12 requirements established by the General Plan and provides an “eyes on the street” element to policing, as the area experiences heavy foot traffic due to proximity of the High School and other uses. 12. Atascadero Avenue Triangle  10 dwelling units combined max on Lots 2 & 3  2 dwelling units max on Lot 1  Development on Lot 1 shall include additional landscape buffer Proposed Revision – Unit Orientation (Area 2) By eliminating the private park, the need for an HOA will no longer be required, which is a substantial cost savings for future homeowners in the proposed affordable housing project. This change has been reflected in the attached resolutions. Homeowners would still be required to maintain their frontages, including landscaping within the planting strips located at the back of the curb (Condition 28). Consistent with the approved Master Plan of Developments (CUP), single-family residences take access off the existing street right-of- ways through private driveways. The 11 single-family residential units each have private driveways that meet the guest parking requirement of the PD-7. Proposed residential units face existing single- family residences to 2014 Proposed Amendment – Conceptual Illustrative Area 2 Area 1 House faces corner w/ porch Garage create a cohesive neighborhood development. The site plan is designed to meet all of the setback requirements of the PD-7 overlay district. Parking for each unit is provided with attached two-car garages, and two additional parking spaces are provided in each driveway. The proposed site plans provide more parking than is required by the PD-7, with a total of 44 spaces for the 11 units. Frontage improvements continue to be proposed along all street frontages, including Atascadero Avenue, Navajoa Avenue, and San Andres Avenue. The streets would be widened as to City requirements, and sidewalks are included along all frontages. Driveways and frontage improvements have been designed to retain the existing native trees where possible. Architecture, Materials, and Color There are no changes to the approved architecture which includes two (2) different stock plans for the 11 proposed units. Both floor plans are one-story residences. The first plan has a craftsman architectural style. There are three options for the architectural detailing on the elevations of this plan. Each option includes a large porch which extends six feet beyond the front of the garage. The elevations include stucco walls with added architectural details such as decorative gable features, craftsman style window trim, gridded windows, and knee braces at the roof line. The second stock plan has a ranch style influence with wood siding and a wrap-around porch. Accent materials are provided at the roof pitch. Window trim, gridded windows, and columns along the porch give the elevations added detail. Currently Approved Stock Plan #1 with 3 elevation options Currently Approved Stock Plan #2 with 1 elevation option 2008 Approved Landscaping Plan Proposed Landscaping Plan Amendment The approved landscaping plan for the master plan of developments had been designed to retain existing mature native trees, where feasible. Proposed landscaping included drought tolerant shrubs and accent plants. In the 2008 approved master plan of development (Area 2), an open space parcel was included at the corner of Atascadero Avenue and San Andres to act as a buffer between the residences and Morro Road. The proposed amendments would eliminate the open space lot and private open space area. The open space lot would be replaced with larger residential lots and front yard landscaping. No new residential units will be added. 2008 – Approved Private Park Area 1 Area 2 2014 – Proposed Landscaping Plan Due to the recent drought, the applicant’s design team reviewed the approved landscaping plan and is proposing modifications to the approved landscaping plan, including modifications to the original approved open space area. The submitted proposed landscaping plan provides a much more extensive list of shrubs and “xeriscape” (drought tolerant plant selections that are not necessarily native plants) area that is proposed to be planted. Another proposed modification includes the elimination of turf / shrubs within the planting strip along Atascadero Avenue. The applicant is proposing the use of decomposed granite (dg) within the planting strip to reduce maintenance costs for all the adjacent property owners that must maintain the space. A fencing plan has also been submitted that shows were fencing will be located within the site. Fence heights within the front yard setback area will be limited to 3-feet in height with rear and side fencing limited to 6-feet in height. 2014 Proposed – CUP 2007-0219 (Area 2) Front Landscaping Plan For consistency with Certified Mitigated Negative Declaration 2007-0027 and the City’s General Plan, additional plantings of native trees will be required on lot 2 of CUP 2007- 0219 (Condition 24). The following are proposed amendments to the landscaping plan for both master plans of developments:  Elimination of private open space in CUP 2007-0219;  Utilization of decomposed granite (dg) within planting strips;  Use of xersicape throughout the project for each residential unit within the front and side yards;  Planting of California Sycamore trees within the proposed planting strip along Atascadero Avenue, as a part of mitigation re-planting for tree removals, as well as consistency with legacy plantings of the original Atascadero Colony (condition x);  Elimination of proposed iron wrought fencing and replacing this with 3-foot maximum wood picket fencing on certain lots throughout the project (condition 24)  Planting of additional street trees to provide shade and street presence elements along the Navajoa Avenue / San Andres Avenue frontages. Native Tree Mitigation/Preservation The project site includes several native trees including native Sycamore, Black Walnuts, Valley Oaks, and one Coast Live Oak. Native trees have been preserved where feasible. The driveway and floor plan on Lot 3 of the 9-unit PD (CUP 2007-0208) provides adequate clearance of the 35-inch Live Oak along the property line. Bulb-outs are proposed along Atascadero Avenue to preserve an existing 56-inch Sycamore. Grading and excavation around these trees shall be monitored by the project arborist to ensure that the trees survive (Mitigation Measures 4.e.1 and 4.e.2.) Table 1 – Approved Mitigation With Proposed Re-Plantings The 2008 approval included tree removal permits to remove of 8 Black Walnuts, totaling 310 inches DBH. These trees have been removed as part of PSHH construction mobilization. Six (6) of the Black Walnuts approved for removal are located within the right-of-way along Navajoa Avenue. The other two Black Walnuts are located on Lot 8 and require removal for construction of this residence. A Condition of Approval remains requiring that the applicant pay mitigation fees into the Tree Replacement Fund or provide equivalent re-plantings on-site, as required by the Atascadero Native Tree Ordinance and as shown in the following chart (Condition 15). The proposed amendment to the preliminary landscaping plan for both projects shows a planting strip along Atascadero Avenue. Staff is requiring that 15-gallon California Sycamores be planted within this strip, consistent with original plantings completed as a part of the Atascadero Colony. These 15-gallon trees will count as in-kind mitigation planting. Additional oak tree re-plantings are proposed on lot 1 and lot 2 of CUP 2007-0219 and may be located as a part of any front or side yard landscaping. The Applicant is required to pay $10,333.33 into the tree fund or replant 207 five gallon native trees. A combination of mitigation fees and replanting is also available. Based on the preliminary landscaping plan and revised conditions of approval with required re- plantings, mitigation reductions are shown in Table 1. Evergreen Native Trees (inches)Deciduous Native Trees (inches)Totals dbh notes dbh notes 1 0-inches 1 80-inches Lot 8 2 2 19-inches Lot 8 3 3 47-inches ROW 4 4 29-inches ROW 5 5 30-inches ROW 6 6 43-inches ROW 7 7 30-inches ROW 8 8 32-inches ROW Total 0-inches Total 310-inches 310-inches Mitigation Requirement req'd tree replacements: 0 five gal trees req'd tree replacements: 207 five gal trees 207 five gal trees Proposed Replanting 0 five gal trees Proposed Replanting 0 five gal trees 0 five gal trees 0 box trees (24'')14 box trees (24'')14 box trees (24'') Remaining Mitigation 0 five gal trees Remaining Mitigation 179 five gal trees 179 five gal trees Tree Fund Payment:-$ Tree Fund Payment:8,933.33$ 8,933.33$ Site Drainage The project continues to propose use of individual drainage basins on each lot to handle the increased flow, consistent with previous project approvals. The basins will be underground “infiltrator” basins. When the basin becomes full, they will overflow int o proposed curb and gutters through small drain pipe under the side walk. The gutters will drain into storm drain inlets that connect to the existing storm drain in Atascadero Ave. The Atascadero Ave. storm drain drains into Atascadero Creek (Condition 30). Since this is a previously approved project and has an existing entitlement, new regulations from the Regional Water Quality Control Board (RWQCB) for post-construction stormwater drainage is not applicable or required as a part of the proposed amendment. Traffic: The 2008 project approval included a condition to address neighbor’s concerns about added traffic form the new residences. “The project engineer shall investigate the feasibility of installing 4 way stop control on Navajoa at San Andres Ave and Atascadero Ave. The engineer shall present a schematic layout of a 4 way stop and produce a warrant analysis in accordance with the Manual on Uniform Traffic Control Devices. The City Engineer shall decide if the 4 way stops shall be installed based on the information submitted” (Condition 31 for CUP 2007-0208/TTM 2007-0101). This condition will remain and the applicant’s engineer has worked with the City’s Public Works department to fulfill this obligation. Wastewater and Utilities Sanitary sewer will be connected to existing sewer facilities. A previous requirement included a condition to underground all utilities, consistent with general plan policies. A site visit with the applicant and City Staff revealed that undergrounding all utilities as the condition required, would create a situation where a new utility pole would be placed off- site in front of an existing residence. Staff proposes a modified condition that includes the ability for some of the utility poles to remain so that no off-site residents would be impacted (conditions 60/62/59). Inclusionary and Workforce Housing The proposed project was subject to the City’s Inclusionary Housing Ordinance. The project is currently conditioned to provide one (1) affordable deed restricted unit at the moderate income rate to meet the City Council’s Inclusionary Housing Ordinance policy (condition 13). Peoples’ Self Help Housing (applicant) works with homeowners to secure loans through the USDA (United States Department of Agriculture.) The City of Atascadero qualifies as a rural community based on population, and is therefore eligible for the low interest financing provided by USDA Section 502 mortgages for income qualified affordable housing buyers. Due to the strict lending requirements of USDA, the lender will not loan on units which have deed restrictions. Therefore, Peoples’ Self Help Housing is requesting that the deed restriction on this project be removed so that these units may be financed through USDA as affordable, mutual self-help housing. The applicant went through a similar process as a part of the Oak Grove Phase II development. The applicant’s proposal would eliminate the need to record a deed restriction at the time of map recordation. The applicant would need to demonstrate that at least one (1) unit in the development has been sold to lower income qualified buyers, all at qualified affordable sale prices with USDA Section 502 mortgages. These USDA loans operate much like the City’s Moderate Income Equity Share program. If a unit sells before 30 years, the homeowner has an equity share with USDA. The amount of profit the homeowner gets to keep increases the longer they are in their home. USDA also has the option to resell the unit to another qualified income buyer to keep the unit in the program. Therefore, while the City of Atascadero would be giving up their 30 year recorded deed restrictions on one (1) moderate income unit and Peoples’ Self Help Housing would be developing 11 mixed income affordable homes (very-low, low, and moderate) which will be available to income qualified families for a period of 30 years due to the USDA subsidized loan financing. The City will obtain HCD affordable housing credits for all units provided with the USDA long term affordable financing. In addition to the proposed amendments to the inclusionary housing condition, City Staff is proposing elimination of the workforce housing condition due to fair housing law conflicts. Tentative Tract Map / Tentative Parcel Map A 9-lot Tentative Tract Map (TTM 2007-0101 / Area 1) has been approved as part of the project on Lots 2 and 3. A 3-lot Tentative Parcel Map (TPM 2007-0091 / Area 2) has been approved on Lot 1. TTM 2007-0101 is consistent with the proposed Master Plan of Development amendment and proposed PD–7 Overlay Zone. TPM 2007-0091 needs to be amended to match the proposed Master Plan of Development. The applicant is proposing a reconsideration of TPM 2007-0091 to reduce the total number of lots proposed to be created from three (3) to two (2) due to the elimination of the private open space area. Staff is recommending that the Planning Commission recommend to the City Council approve this amendment. Both maps have been conditioned by staff to meet all City standards including on- and off-site street improvements. The applicant will be required to record CC&R’s with the Map that will include maintenance of drainage and Master Plan of Development requirements as needed. Consistent with the Master Plan of Development, both maps contain condition modifications to the Affordable Housing and Workforce housing provisions. Community Facilities District Formation: Based on findings from the 2003 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 (CFD) (Conditions 8 and 9.) Since there are no common facilities proposed with the project, the requirement for a Homeowners Association has been eliminated. Because this is an affordable housing development, new property owners qualify for waivers from yearly CFD fees. This is typically done through the deed restriction on affordable housing units at the time of sale. Since USDA does not allow for deed restrictions to be placed on the property at the time of sale, owners will have the opportunity to enter into a deed of trust and restriction to wave the CFD fee if the property owners meet certain conditions after the close of sale. This program is done on a voluntary basis, and homeowners may choose to enter into an agreement with the City or may choose to opt out and pay the fee. This program is similar to the one set-up at Oak Grove, a 24 unit affordable housing subdivision currently under construction by the applicant. Most homeowners participated in the waiver program, while some opted out and continue to pay the yearly fee. Findings Tentative Parcel Map Reconsideration Findings: The following findings must be made for the TPM 2007-0091 to be reconsidered: 1. The proposed subdivision, design and improvements as conditioned, is consistent with the General Plan and applicable zoning requirements, including provisions of the PD-7 Overlay District. 2. The site is physically suitable for the type of development proposed. 3. The site is physically suitable for the density of development proposed. 4. The design and improvement of the proposed subdivision will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat. 5. The design of the 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. 6. The proposed subdivision design and type of improvements proposed will not be detrimental to the health, safety or welfare of the general public. Conditional Use Permit (Master Plan of Development): A Master Plan of Development is required for the Planned Development in the form of a Conditional Use Permit. The approved Master Plan of Development sets development standards related to architectural design, site design, landscape, 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 amendments: 1. The proposed project or use is consistent with the General Plan and the City’s Appearance Review Manual. Staff Comment: The proposed amendments are consistent with the General Plan Land Use Element Policy 1.1, 1.1.7, 2.1, and Housing Element Policy 4.3. The proposed amendments are consistent with the City’s General Plan requirements for a landscape buffer on lot 1 with the additional tree plantings and landscaping. 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) including the Planned Development Ordinance. Staff Comment: The proposed amendments satisfy all Conditional Use Permit and Planned Development 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 amendments will not be detrimental to the general public or working person’s 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 proposed amendments are compatible with the surrounding neighborhood. The project includes detached single-family residences, with high quality landscape and architecture. The project has been designed to enhance the appearance of this currently vacant site. 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 amendments and use is consistent with the traffic projections and road improvements anticipated within the General Plan. Environmental Determination A Mitigated Negative Declaration was certified by the City Council as a part of its 2008 approval. The Environmental Analysis identified concerns regarding potential impacts to aesthetics, land use and planning, noise, biological resources, and traffic. Mitigation measures pertaining to these resources remain in effect, and the proposed amendments are consistent with the assumptions and analysis of the 2008 MND. CONCLUSION The proposed amendments to both Master Plans of Development eliminate the “private” open space area that was to be used by the previous owner. In its place, the proposed adjacent lots have been enlarged the residential homes have been re-oriented to create the required “landscape buffer” per the General Plan. In addition, the applicant is proposing to develop 11 “sweat equity” affordable housing units for very low, low and moderate income qualified families. Construction of the units will meet part of the City’s Regional Housing Needs Allocation (RHNA) goals for the 2014-2019 reporting period. Since the proposed amendments include a request to remove required deed restrictions that were approved as a part of the City’s Inclusionary Housing Policy, as well as the substantial change by eliminating the private open space, the Planning Commission will be making a recommendation to the City Council. Staff recommends that the Planning Commission recommend approval of proposed master plans of development amendments and map reconsideration. ALTERNATIVES 1. The Planning Commission may recommend modifications to the proposed amendments and/or conditions of approval for the project. 2. The Planning Commission may determine more information is needed on some aspect of the amendments and may refer the item back to the applicant and staff to provide the additional information. The Commission should clearly state the type of information required and move to continue the item to a future date. 3. The Planning Commission may recommend denial to the City Council. The Commission should specify the reasons for recommendation of the denial of the project amendments. ATTACHMENTS: Attachment 1: Aerial Photo Attachment 2: Vesting Tentative Parcel Map 2007-0091 (Reconsideration) Attachment 3: Project Illustrative Attachment 4: Combined Landscaping Plan Attachment 5: Lot 1 and Lot 2 Landscaping Plan Attachment 6: Arborist Reports Attachment 7: Certified Mitigated Negative Declaration 2007-0021 Attachment 8: Draft Resolution PC 2014-0027 Attachment 9: Draft Resolution PC 2014-0028 Attachment 10: Draft Resolution PC 2014-0029 Attachment 11: Draft Resolution PC 2014-0030 Attachment 1: Aerial Map Project Site Area 1 Area 2 Attachment 2: Vesting Tentative Parcel Map 2007-0091 (Reconsideration) Attachment 3: Project Illustrative Attachment 4: Combined Landscaping Plan Attachment 5: Proposed Landscaping Plan Lot 1 and Lot 2 Attachment 6: Arborist Report and Tree Protection Plan: Lot 1 Attachment 6: Arborist Report and Tree Protection Plan: Lot 1 Attachment 6: Arborist Report and Tree Protection Plan: Lot 1 Attachment 6: Arborist Report and Tree Protection Plan: Lot 1 Attachment 6: Arborist Report and Tree Protection Plan: Lot 1 Attachment 6: Arborist Report and Tree Protection Plan: Lot 1 Attachment 6: Arborist Report and Tree Protection Plan: Lots 2 and 3 Attachment 6: Arborist Report and Tree Protection Plan: Lots 2 and 3 Attachment 6: Arborist Report and Tree Protection Plan: Lots 2 and 3 Attachment 6: Arborist Report and Tree Protection Plan: Lots 2 and 3 Attachment 6: Arborist Report and Tree Protection Plan: Lots 2 and 3 Attachment 6: Arborist Report and Tree Protection Plan: Lots 2 and 3 Attachment 7: Certified Mitigated Negative Declaration 2007-0027 See Following ATTACHMENT 8: Resolution PC 2014-0027 Approval of Amendments to Master Plan of Development (CUP) - 9 unit PD-7 on Lots 2 & 3 DRAFT PC RESOLUTION 2014-0027 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, AMENDING CONDITIONAL USE PERMIT 2007-0208 (MASTER PLAN OF DEVELOPEMNT FOR 9-UNIT PLANNED DEVELOPMENT) ON APN 030-283-005 (People’s Self Help Housing Corporation) WHEREAS, an application has been received from People’s Self Help Housing Corporation, 3533 Empleo Street, San Luis Obispo, CA 93405, (Applicant / Owner) to amend a project consisting of an approved Master Plan of Development (CUP 2007-0208) and corresponding approved Tentative Tract Map (TTM 2007-0101) on a 1.86-acre site located at 6905 Navajoa Avenue, (APN 030-283-005, Lots 2 and 3); and, WHEREAS, the site’s current zoning district is RMF-20 (Residential Multi-Family – 20) with a Planned Development #7 Overlay (PD-7); and, WHEREAS, the PD-7 requires the adoption of a Master Plan of Development, approved in the form of a Conditional Use Permit; and, WHEREAS, the City Council approved the original Master Plan of Development (CUP 2007-0208) for this portion of the project on February 26, 2008; and, WHEREAS, the proposed Conditional Use Permit Amendment is in substantial conformance with Certified Mitigated Negative Declaration 2007-0027 prepared for the original project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on November 18, 2014 studied and considered amendments to Conditional Use Permit 2007-0208 (Master Plan of Development for 9-unit PD-7), after first studying and considering the Certified Mitigated Negative Declaration 2007-0027, and NOW, THEREFORE, the Planning Commission of the City of Atascadero recommends that the City Council of Atascadero take the following actions: SECTION 1. Findings for Approval of Conditional Use Permit. The Planning Commission recommends the City Council finds as follows: 1. The proposed amendments are consistent with the General Plan and the City’s Appearance Review Manual, specifically; the proposed amendments are consistent with the General Plan Land Use Element Policy 1.1, 1.1.7, 2.1, and the City’s Housing Element. The proposed amendments are consistent with the City’s General Plan requirements for a landscape buffer on lot 1 with the additional tree plantings and landscaping; and, 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) including provisions of the PD-7 Overlay Zone; and, 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, 4. The proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5. The proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. 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-7 Overlay Zone cannot be reasonably achieved through existing development standards or processing requirements; and, 8. The proposed project will not result in substantial detrimental effects on the enjoyment and use of adjoining properties; and, SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on November 19, 2014 resolved to recommend amendments to Conditional Use Permit 2007-0208 (Master Plan of Development for 9-unit PD-7) subject to the following: EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program EXHIBIT B: Master Plan of Development EXHIBIT C: Floor Plan A/B/C EXHIBIT D: Floor Plan A/B/C Elevations w/options EXHIBIT E: Floor Plan D EXHIBIT F: Floor Plan D Elevations EXHIBIT G: Color Boards and Site Plan Color Key EXHIBIT H: Preliminary Landscape Plan EXHIBIT I: Tree Protection Plan EXHIBIT J: Grading, Drainage and Utility Plans EXHIBIT K: Improvement Plans On motion by, ______and seconded by _____the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAIN: ( ) ABSENT: () ADOPTED: CITY OF ATASCADERO, CA ______________________________ Commissioner Dennis Schmidt Planning Commission Chairperson Attest: ______________________________ Warren M. Frace Planning Commission Secretary EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program 9-unit Planned Development-7 /CUP 2007-0157/ZCH 2007-0145/TTM 2007-0101 Conditions of Approval / Mitigation Monitoring Program Atascadero Avenue Triangle 9-Lot Planned Development 7 CUP 2007-0208/ZCH 2007-0145/TTM 2007-0101 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure Planning Services 1. The approval of this use permit shall become final and effective for the purposes of issuing building permits thirty (30) days following the City Council approval of ZCH 2007-140, ZCH 2007-0145 and ZCH 2007-0146 upon second reading, unless prior to that time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. FM PS 2. Approval of this Tentative Tract Map and Conditional Use Permit shall be valid for two years after its effective date (February 26, 2008). At the end of the period, the approval shall expire and become null and void unless an extension of time is granted pursuant to a written request received prior to the expiration date, or is granted extension through any State legislation. FM PS 3. The Community Development Department shall have the 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. FM PS 4. The granting of this entitlement shall apply to the property located at (APN 030-283-005) regardless of owner. On going PS 5. The Final Map shall be drawn in substantial conformance with the approved tentative map, and in compliance with all conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City’s Subdivision Ordinance. FM PS 6. The subdivider shall defend, indemnify, and hold harmless the City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the subdivision. FM PS 7. The Tract Map shall be subject to additional fees for park or recreation purposes (QUIMBY Act) as required by City Ordinance. FM PS 8. 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 BP PS Conditions of Approval / Mitigation Monitoring Program Atascadero Avenue Triangle 9-Lot Planned Development 7 CUP 2007-0208/ZCH 2007-0145/TTM 2007-0101 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure administration of the above mentioned funds shall be by the City. Developer agrees to participate in the community facilities district and to take all steps reasonably required by the City with regard to the establishment of the district and assessment of the property.  All Atascadero Police Department service costs to the project.  All Atascadero Fire Department service costs to the project.  Off-site common City of Atascadero park facilities maintenance service costs related to the project. 9. All tract maintenance costs listed below shall be 100% funded by the project / property in perpetuity.  All streets that are currently not maintained by the City of Atascadero, bridges, sidewalks, streetlights, street signs, roads, emergency access roads, emergency access gates, and sewer mains within the project.  All parks, trails, recreational facilities and like facilities.  All open space and native tree preservation areas.  All drainage facilities and detention basins.  All creeks, flood plains, floodways, wetlands, and riparian habitat areas.  All common landscaping areas, street trees, medians, parkway planters, manufactured slopes outside private yards, and other similar facilities.  All frontage landscaping and sidewalks along arterial streets BP PS 10. The private open space feature at the corner of Atascadero Avenue and San Andres shall be maintained by the property owner. All landscape shall be maintained in good condition and the site shall be kept free of litter and graffiti. Ongoing PS 11. The developments approved with CUP 2007-0208 and CUP 2007-0219 shall be developed together as one Master Plan of Development at as required by the General Plan. BP / GP PS / PW 12. Prior to final map, the applicant shall submit CC&Rs for review and approval by the Community Development Department. The CC&R’s shall record with the Final Map and shall include the following provisions within the CC&Rs: 1. Provisions for maintenance of all common areas including access, parking, street trees, fencing and landscaping in perpetuity, if applicable. BP PS Conditions of Approval / Mitigation Monitoring Program Atascadero Avenue Triangle 9-Lot Planned Development 7 CUP 2007-0208/ZCH 2007-0145/TTM 2007-0101 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure 2. Fencing design and locations 3. A detailed list of each individual homeowner’s responsibilities for maintenance of the individual units. 4. Residents shall keep all trash receptacles within the unit’s designated trash storage area. 5. Garages shall be maintained and used for vehicle parking. 6. No boats, RV’s or other type of recreation vehicle may occupy a guest or resident parking space. including within an individual garage. 7. A provision for review and approval by the City Community Development Department for any changes to the CC&R’s that relate to the above requirements prior to the changes being recorded or taking effect. 13. Affordable Housing Requirement: As a General Plan required Master Planned site (Master Plan of Development Overlay #12), the Affordable Housing requirement shall apply to the 11 units approved for the subject sites with ZCH 2007-0145 and ZCH 2007-0146. The applicant shall deed restrict a minimum of 1 residential unit for 30 years, at the moderate income rate. Exception to Affordable Housing Deed Restriction Requirement: The City will not record 30 year recorded deed restrictions if the developer can demonstrate that the project meets the following criteria:  The project shall be developed as an entirely affordable project, consisting of a mix of very low, low, or moderate income units;  The housing units must be constructed with at least 50% of the work performed by volunteers and/or households purchasing the housing;  The applicant must demonstrate that the home purchase financing provided will be affordable to the purchasing household for at least 30 years.  At least 1 moderate income unit shall be provided within the project to meet the City Council Inclusionary Housing policy. GP/BP PS, CA 14. Workforce Housing: Prior to recordation of final map, the applicant shall enter into a legal agreement with the City to reserve ½ of the units for sale to residents or workers within the City of Atascadero, including the affordable BP PS, CE Conditions of Approval / Mitigation Monitoring Program Atascadero Avenue Triangle 9-Lot Planned Development 7 CUP 2007-0208/ZCH 2007-0145/TTM 2007-0101 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure 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. 15. Approval of this permit shall include the removal of 8 Native Black Walnuts, totaling 310 inches dbh. The applicant shall be required to pay mitigation fees or provide replantings on-site per the requirements of the Atascadero Native Tree Ordinance. Any additional removals shall be subject to Planning Commission approval. BP PS, BS 16. The applicant shall work with staff to enhance the side elevation on Lot 8 facing Navajoa Avenue. The elevation shall include larger windows and added architectural detailing, consistent with the front elevation. Additional landscaping, including trees and tall shrubs shall be added to the side setback on this lot. Fencing may not be located in the side setback next to Navajoa Ave. BP PS 17. The columns on the wrap around porch on floor plan D (shown in Exhibits E and F) shall be a minimum size of 6” by 6” square. Railings shall be added to the wrap around porch. BP PS 18. All exterior elevations, finish materials and colors shall be consistent with the Master Plan of Development as shown in EXHIBIT D and F with the following modifications:  All exterior material finishes (siding, trim, doors, windows, light fixtures, garage doors) shall be durable, high quality, and consistent with the architectural appearance.  Stucco siding shall be smooth troweled or light sand finish.  Roofs shall be architectural grade dimensional shingles. BP PS 19. Building colors shall be consistent with Exhibit G with the following modification:  The color “clay urn” identified in color scheme #1 shall be replaced with a more muted color, consistent with the surrounding residences and color schemes 2 through 5. GP/BP PS Conditions of Approval / Mitigation Monitoring Program Atascadero Avenue Triangle 9-Lot Planned Development 7 CUP 2007-0208/ZCH 2007-0145/TTM 2007-0101 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure Final selection of colors and materials shall be subject to staff approval. 20. Garage doors shall be high quality, wood or carriage style doors of architectural grade quality. BP PS 21. All site development shall comply with the standards of the Planned Development 7 Overlay District. BP PS, BS 22. All site work, grading, and site improvements shall be consistent with the Master Plan of Development as shown in EXHIBIT B. BP/FM PS, BS, CE 23. All project fencing shall be installed consistent throughout the project, and located as shown in the approved Landscape Plan, subject to the following modifications:  Fencing material and treatment shall comply with the PD-7 standards.  Final fence location shall be subject to staff approval.  Fencing within the front and corner lot setbacks shall be under 3 feet tall.  Fencing within Lot 1 and Lot 2 of CUP 2007-0219 shall consists of wood picket / vinyl picket fencing. GP/BP PS 24. A final landscape and irrigation plan shall be approved prior to the issuance of building permits and included as part of site improvement plan consistent with EXHIBIT J, and as follows:  All exterior meters, air conditioning units and mechanical equipment shall be screened with landscape material.  All areas shown on the landscape plan shall be landscaped by the developer prior to the final of any single building permit on-site.  Final tree list shall be submitted with building permits, subject to staff approval.  Street and open space trees shall be minimum 15-gallon size and double staked.  Front yard areas shall be landscaped with drought tolerant species or utilize xeriscape landscaping, subject to staff approval.  Street Tree Plantings within the “parkway” strip must consist of California Sycamore Trees, minimum 15-gallon plantings. These plantings may be used to reduce tree removal mitigation payments. BP PS Conditions of Approval / Mitigation Monitoring Program Atascadero Avenue Triangle 9-Lot Planned Development 7 CUP 2007-0208/ZCH 2007-0145/TTM 2007-0101 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure  A minimum of four (4) native tree plantings must occur within the Front / Side Yard landscaping of Lot 1 and Lot 2of CUP 2007-0219. These plantings may be used to reduce tree removal mitigation payments. 25. The wall/fence around the private park on Lot 1 shall be allowed to be built at a maximum height of 5 feet at the tallest point. BP PS 26. The commemorative tile on the ‘commemorative wall” around he private park on Lot 1 shall be subject to staff approval BP PS 2014 Master Plan of Amendment Conditions 27. Deed notification to be recorded at the time of Final Map Recordation notifying all property owners within the project (CUP 2007-0219 / CUP 2007-0208) that maintenance responsibilities include all landscaping within planting/parkway strips, front yard landscaping including any trees, curbs, gutters, driveways and sidewalks fronting a property are maintenance responsibilities of the homeowners, not the City of Atascadero, consistent with Atascadero Municipal Code section 4-6.04. FM PS City Engineer Project Conditions 28. The applicant shall install curb, gutter and sidewalk along all property frontages. All road frontages will be widened be City Standard. BP CE 29. This project is required to retain the difference between the undeveloped 2 year storm runoff and the developed 50 year storm runoff to mitigate the increase runoff into the storm drain system. The project will use individual drainage basin on each lot to handle the increased flow. The basin will be underground “infiltrator” basins. Deep pit basins are not allowed. When the basin becomes full, they will overflow into the new curb and gutter through small drain pipe under the side walk. GP, BP CE 30. The project engineer shall investigate the feasibility of installing 4 way stop control on Navajoa at San Andres Ave and Atascadero Ave. The engineer shall present a schematic layout of a 4 way stop and produce a warrant analysis in accordance with the Manual on Uniform Traffic Control Devices. The City Engineer shall decide if the 4 way stops shall be ins talled based on the information submitted. Improvement cost required by the warrant analysis shall be the responsibility of the City of Atascadero. GP, BP CE City Engineer Standard Conditions 31. In the event that the applicant bonds for the public improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. GP, BP CE 32. An engineer’s estimate of probable cost shall be submitted for review and GP, BP CE Conditions of Approval / Mitigation Monitoring Program Atascadero Avenue Triangle 9-Lot Planned Development 7 CUP 2007-0208/ZCH 2007-0145/TTM 2007-0101 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure approval by the City Engineer to determine the amount of the bond. 33. The Subdivision Improvement Agreement shall record concurrently with the Final Map. FM CE 34. A six (6) foot Public Utility Easement (PUE) shall be provided contiguous to the property frontage. GP, BP CE 35. The applicant shall acquire title interest in any off-site land that may be required to allow for the construction of the improvements. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress and egress is affected by these improvements. GP, BP CE 36. Slope easements shall be obtained by the applicant as needed to accommodate cut or fill slopes. GP, BP CE 37. Drainage easements shall be obtained by the applicant as needed to accommodate both public and private drainage facilities. GP, BP CE 38. A preliminary subdivision guarantee shall be submitted for review in conjunction with the processing of the tract map. FM CE 39. The final map shall be signed by the City Engineer prior to the map being placed on the agenda for City Council acceptance. FM CE 40. Prior to recording the tract map, the applicant shall pay all outstanding plan check/inspection fees. FM CE 41. Prior to recording the map, the applicant shall bond for or complete all improvements required by these conditions of approval. FM CE 42. Prior to recording the tract map, the applicant shall submit a copy of a valid tax bond. FM CE 43. Prior to recording the tract map, the applicant shall bond for or set monuments at all new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the tract 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. FM CE 44. Prior to recording the tract map, the applicant shall submit a map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. FM CE Conditions of Approval / Mitigation Monitoring Program Atascadero Avenue Triangle 9-Lot Planned Development 7 CUP 2007-0208/ZCH 2007-0145/TTM 2007-0101 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure 45. All existing and proposed utility, pipeline, open space, or other easements are to be shown on the final map. If there are building or other restrictions related to the easements, they shall be noted on the final map. The applicant shall show all access restrictions on the final map. FM CE 46. Prior to recording the tract map, the applicant shall have the map reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company 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 tract map. FM CE 47. Prior to the issuance of building permits the applicant shall submit plans and supporting calculations/reports including street improvements, underground utilities, composite utilities, and grading/drainage plans prepared by a registered civil engineer for review and approval by the City Engineer. GP, BP CE 48. Prior to the issuance of building permits the applicant shall submit calculations to support the design of any structures or pipes. Closed conduits shall be designed to convey the 10-year flow with gravity flow, the 25-year flow with head, and provide safe conveyance for the 100-year overflow. GP, BP CE 49. Prior to the issuance of building permits the applicant shall provide for the detention and metering out of developed storm runoff so that it is equal to or less than undeveloped storm runoff. GP, BP CE 50. Drainage basins shall be designed to desilt, detain and meter storm flows as well as release them to natural runoff locations. GP, BP CE 51. All storm drain facilities servicing individual lots and units shall be maintained by the property owner. A mechanism for funding and maintenance of the storm drain facilities shall be provided for any common area, or common storm drainage facility. GP, BP CE 52. Prior to the issuance of building permits the applicant shall show the method of dispersal at all pipe outlets. Include specifications for size & type. GP, BP CE 53. Prior to the issuance of building permits the applicant shall show method of conduct to approved off-site drainage facilities. GP, BP CE 54. Concentrated drainage from off-site areas shall be conveyed 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. GP, BP CE Conditions of Approval / Mitigation Monitoring Program Atascadero Avenue Triangle 9-Lot Planned Development 7 CUP 2007-0208/ZCH 2007-0145/TTM 2007-0101 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure 55. Applicant shall submit erosion control plans and a Storm Water Pollution Prevention Plan (SWPPP). The Regional Water Quality Control Board shall approve the SWPPP. GP, BP CE 56. All public improvements shall be constructed in conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer GP, BP CE 57. Off-site streets shall be improved consistent with the tentative tract map. GP, BP CE 58. Project shall include construction of curb, gutter and sidewalk along entire frontage. GP, BP CE 59. Alignment of frontage improvements shall be approved by the City Engineer. GP, BP CE 60. All utilities shall be undergrounded on project frontage where feasible. Existing poles may be preserved or moved on-site to avoid additional installation of guide poles off-site. Applicant shall work with City Staff to minimize the amount of poles required on-site. GP, BP CE 61. Applicant shall pay sewer extension (Annexation), Connection and Reimbursement fees (if applicable) upon issuance of building permit. BP CE 62. Drainage piping serving fixtures which have flood level rims located below the elevation of the next upstream manhole cover of the public or private sewer serving such drainage piping shall be protected from backflow of sewage by installing an approved type backwater valve. Fixtures above such elevation shall not discharge through the backwater valve. BP CE Mitigation Measures Mitigation Measure 3.b.1: The project shall be conditioned to comply with all applicable District regulations pertaining to the control of fugitive dust (PM-10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. Section 6.3: Construction Equipment  Maintain all construction equipment in proper tune according to manufacturer’s specifications.  Fuel all off-road and portable diesel powered equipment, including but not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power units, with ARB certified motor vehicle diesel fuel (Non-taxed version suitable for use off-road).  Maximize to the extent feasible, the use of diesel construction equipment meeting the ARB’s 1996 or newer certification standard for off-road heavy-duty diesel engines. Section 6.4: Activity Management Techniques  Develop a comprehensive construction activity management plan BP BS/PS 3.b.1 Conditions of Approval / Mitigation Monitoring Program Atascadero Avenue Triangle 9-Lot Planned Development 7 CUP 2007-0208/ZCH 2007-0145/TTM 2007-0101 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure designed to minimize the amount of large construction equipment operating during any given time period.  Schedule of construction truck trips during non-peak hours to reduce peak hour emissions.  Limit the length of the construction workday period, if necessary.  Phase construction activities, if appropriate. Section 6.5: Fugitive PM10 All of the following measures shall be included on grading, demolition and building plan notes: A. Reduce the amount of the disturbed area where possible. B. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non-potable) water should be used whenever possible. C. All dirt stockpile areas should be sprayed daily as needed. D. Permanent dust control measures identified in the approved project re - vegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities. E. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading should be sown with a fast-germinating native grass seed and watered until vegetation is established. F. All disturbed soil areas not subject to re-vegetation should be stabilized using approved chemical soil binder, jute netting, or other methods approved in advance by the APCD. G. All roadways, driveways, sidewalks, etc, to be paved should be complete as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. H. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. I. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114. J. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment leaving the site. K. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. L. The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust off site. The name and telephone number of such persons shall be provided to the APCD prior to land use clearance for map recordation and land use clearance for finish grading of any structure. Mitigation Measure 3.b.2: The project shall be conditioned to comply with all applicable APCD regulations pertaining to Naturally Occurring Asbestos. Prior to any grading activities at the site, the project proponent shall ensure that a geologic evaluation is conducted to determine if NOA is present within the area BP BS/PS 3.b.2 Conditions of Approval / Mitigation Monitoring Program Atascadero Avenue Triangle 9-Lot Planned Development 7 CUP 2007-0208/ZCH 2007-0145/TTM 2007-0101 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure that will be disturbed. If NOA is not present, an exemption request must be filed with the District (see Attachment 1). If NOA is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM. This may include development of an Asbestos Dust Mitigation Plan and an Asbestos Health and Safety Program for approval by the APCD. Refer to the APCD web page at http://www.slocleanair.org/business/asbestos.asp for more information or contact Tim Fuhs of the Enforcement Division at 781-5912. Mitigation Measure 3.b.3: Developmental burning of vegetative material is prohibited. Under certain circumstances where no technically feasible alternatives are available, limited developmental burning under restrictions may be allowed. This requires prior application, payment of fee based on the size of the project, APCD approval, and issuance of a burn permit by the APCD and the local fire department authority. The applicant is required to furnish the APCD with the study of technical feasibility (which includes costs and other constraints) at the time of application. For any questions regarding these requirements, contact Karen Brooks of the Enforcement Division at 781-5912. BP BS/PS 3.b.3 Mitigation Measure 3.b.4: Under APCD Rule 504, only APCD approved wood burning devices can be installed in new dwelling units. These devices include:  All EPA-Certified Phase II wood burning devices;  Catalytic wood burning devices which emit less than or equal to 4.1 grams per hour of particulate matter which are not EPA-Certified but have been verified by a nationally-recognized testing lab;  Non-catalytic wood burning devices which emit less than or equal to 7.5 grams per hour of particulate matter which are not EPA-Certified but have been verified by a nationally-recognized testing lab;  Pellet-fueled woodheaters; and  Dedicated gas-fired fireplaces. Questions about approved wood burning devices, should be refered to Tim Fuhs in the Enforcement Division at 781-5912. BP BS/PS 3.b.4 Mitigation Measure 4.e.1: The developer shall contract with a certified arborist during all phases of project implementation. The certified arborists shall be responsible for monitoring the project during all phases of construction through project completion, as follows: (a) A written agreement between the arborist and the develope r outlining a arborist monitoring schedule for each construction phase through final inspection shall be submitted to and approved by planning staff prior to the issuance of building/grading permits. (b) Arborist shall schedule a pre-construction meeting with engineering /planning staff, grading equipment operators, project superintendent to review the project conditions and requirements prior to any grubbing or earth work for any portion of the project site. All tree protection fencing and trunk protection shall be installed for inspection during the meeting. Tree protection fencing shall be installed at the line of encroachment into the BP BS/PS 4.e.1 Conditions of Approval / Mitigation Monitoring Program Atascadero Avenue Triangle 9-Lot Planned Development 7 CUP 2007-0208/ZCH 2007-0145/TTM 2007-0101 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure tree’s root zone area. (c) As specified by the arborist report and City staff:  Prune all trees in active development areas to be saved for structural strength and crown cleaning by a licensed and certified arborist;  Remove all debris and spoils from the lot cleaning and tree pruning.  In locations where paving is to occur within the tree canopy, grub only and do not grade nor compact. Install porous pavers over a three-inch bed of ¾ inch granite covered with one-inch pea gravel for screeding. If curbs are required, use pegged curbs to secure the porous pavers. Pegged curbs are reinforced six to eight curbs poured at grade with a one-foot by one-foot pothole every four to six linear feet.  All trenching or grading within the protected root zone area, outside of the tree protection fence shall require hand trenching or preserve and protect roots that are larger than 2 inches in diameter.  No grading or trenching is allowed within the fenced protected area.  Any roots that are 4 inches in diameter or larger are not to be cut until inspected and approved by the on-site arborist. (d) Upon project completion and prior to final occupancy a final status report shall be prepared by the project arborist certifying that the tree protection plan was implemented, the trees designated for protection were protected during construction, and the construction-related tree protection measures are no longer required for tree protection. Mitigation Measure 4.e.2: 1. All existing trees outside of the limits of work shall remain. 2. Earthwork shall not exceed the limits of the project area. 3. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 4. Vehicles and stockpiled material shall be stored outside the drip line of all trees. 5. All trees within twenty feet of construction 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. 7. Utilities such as water, gas, power, cable, storm drainage, and sewer should be redirected from under the canopy of any trees that are to remain. 8. Where a building is placed within the canopy of a tree the foundation should be redesigned so that it bridges across any root systems. 9. Any foundation or other structure that encroaches within the drip line of trees to be saved shall be dug by hand. 10. At no time shall tree roots be ripped with construction equipment. BP BS/PS 4.e.2 Mitigation 5.d.1: Should any human remains be discovered on the property, all work on the project should stop and the County Coroner contacted. If the human remains are identified as being Native American, the California Native American Heritage Commission (NAHC) should be contacted at (916) 653- Ongoing PS 5.d.1 Conditions of Approval / Mitigation Monitoring Program Atascadero Avenue Triangle 9-Lot Planned Development 7 CUP 2007-0208/ZCH 2007-0145/TTM 2007-0101 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure 4082. Mitigation Measure 6.b.1: All cut and fill slopes shall be hydro seeded with an appropriate erosion control method (erosion control blanket, hydro-mulch, or straw mulch appropriately anchored) immediately after completion of earthwork between the months of October 15 through April 15. All hydroseed mix shall be native species. All disturbed slopes shall have appropriate erosion control methods in place. Duration of the project: The contractor will be responsible for the clean-up of any mud or debris that is tracked onto public streets by construction vehicles. BP BS/PS 6.b.1 Mitigation Measure 8.e.f.1: The developer is responsible for ensuring that all contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop orders. BP BS/PS 8.e.f.1 Mitigation Measure 11.d.1: All construction activities shall comply with the City of Atascadero Noise Ordinance for hours of operation. BP BS/PS 11.d.1 EXHIBIT B: Master Plan of Development/Site Plan EXHIBIT C: Floor Plan A/B/C EXHIBIT D: Floor Plan A/B/C Elevations and Options EXHIBIT D: Floor Plan A/B/C Elevations and Options EXHIBIT E: Floor Plan D EXHIBIT F: Floor Plan D Elevations EXHIBIT F: Floor Plan D Elevations EXHIBIT G: Color Boards and Site Plan Color Key TBD TBD EXHIBIT G: Color Boards and Site Plan Color Key Color Scheme #1 A “Clay Urn” to be substituted for a more muted color per conditions of approval. Requires City Staff approval. EXHIBIT G: Color Boards and Site Plan Color Key EXHIBIT G: Color Boards and Site Plan Color Key EXHIBIT H: Preliminary Landscape Plan See Following Page for Revised Plan EXHIBIT H: Preliminary Landscape Plan EXHIBIT I: Tree Protection Plan EXHIBIT J: Grading, Drainage and Utility Plans EXHIBIT J: Grading, Drainage and Utility Plans EXHIBIT K: Improvement Plans ATTACHMENT 9: Draft Resolution PC 2014-0028 Amending Conditions of Approval TTM 2007-0101 DRAFT PC RESOLUTION 2014-0028 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, AMENDING VESTING TENTATIVE TRACT MAP 2007-0101, A NINE-LOT SUBDIVISION CONSISTENT WITH A MASTER PLAN OF DEVELOPMENT ON APN 030-283-005, Lots 2 and 3 (People’s Self Help Housing Corporation) WHEREAS, an application has been received from People’s Self Help Housing Corporation, 3533 Empleo Street, San Luis Obispo, CA 93405 (Applicant/Owner), to amend a previously approved Vesting Tentative Tract Map within the RMF-20/ PD-7 (Residential Multi- Family-20 with a Planned Development Overlay #7) for consistency with the amended Master Plan of Development on a 1.86-acre site located at 6905 Navajoa Avenue, (APN 030-283-005, Lots 2 and 3); and, WHEREAS, the site’s current zoning district is RMF-20 (Residential Multi-Family – 20) with a Planned Development #7 Overlay (PD-7); and, WHEREAS, the PD-7 requires the adoption of a Master Plan of Development, approved in the form of a Conditional Use Permit; and, WHEREAS, the City Council approved the original the Vesting Tentative Map (TTM 2007-0208) for this portion of the project on February 26, 2008; and, WHEREAS, the Planning Commission has recommended that the site’s Master Plan of Development (CUP 2007-0208) be amended, and for consistency purposes, the conditions of the Vesting Tentative Map shall also be amended; and, WHEREAS, the proposed the Vesting Tentative Map is in substantial conformance with Certified Mitigated Negative Declaration 2007-0027 prepared for the original project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Vesting Tentative Tract Map application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Master Plan of Development; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on November 18, 2014 studied and considered Tentative Tract Map 2007- 0101, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and NOW THEREFORE, the City Council of the City of Atascadero takes the following actions: SECTION 1. Findings of Amending Conditions for a Vesting Tentative Tract Map, the Planning Commission of the City of Atascadero recommends that the City Council finds as follows: 1. The proposed subdivision, design and improvements as conditioned, is consistent with the General Plan and applicable zoning requirements, including provisions of the PD-7 overlay district. 2. The proposed subdivision, as conditioned, is consistent with the proposed Planned Development Overlay District-7 Master Plan of Development (CUP 2007-0208). 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the density of development proposed. 5. The design and improvement of the proposed subdivision will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat. 6. The design of the subdivision will not conflict with easements acquired by the public at large for access through, or the use of property within, the proposed subdivision; or substantially equivalent alternative easements are provided. 7. Covenants, Conditions and Restrictions (CC&R’s) or equivalent shall be required that incorporate the Master Plan of Development conditions of approval to ensure that the site retains the proposed qualities (architecture, colors, materials, plan amenities, fencing, and landscaping) over time. 8. The proposed subdivision design and type of improvements proposed will not be detrimental to the health, safety or welfare of the general public. SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on November 18, 2014, resolved to recommend amendments to Tentative Tract Map (TTM 2007-0101) subject to the following: 1. Exhibit A: Tentative Tract Map 2007-0101 2. Exhibit B: Conditions of Approval / Mitigation Monitoring Program. On motion by, and seconded by the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAIN: ( ) ABSENT: () ADOPTED: CITY OF ATASCADERO, CA ______________________________ Commissioner Dennis Schmidt Planning Commission Chairperson Attest: ______________________________ Warren M. Frace Planning Commission Secretary Exhibit A: Tentative Tract Map (9 Unit PD-7) Exhibit B: Conditions of Approval / Mitigation Monitoring Program Tentative Tract Map 2007-0101 Conditions of Approval / Mitigation Monitoring Program Atascadero Avenue Triangle 9-Lot Planned Development 7 CUP 2007-0208/ZCH 2007-0145/TTM 2007-0101 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure Planning Services 1. The approval of this use permit shall become final and effective for the purposes of issuing building permits thirty (30) days following the City Council approval of ZCH 2007-140, ZCH 2007-0145 and ZCH 2007- 0146 upon second reading, unless prior to that time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. FM PS 2. Approval of this Tentative Tract Map and Conditional Use Permit shall be valid for two years after its effective date (February 26, 2008). At the end of the period, the approval shall expire and become null and void unless an extension of time is granted pursuant to a written request received prior to the expiration date, or is granted extension through any State legislation. FM PS 3. The Community Development Department shall have the 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. FM PS 4. The granting of this entitlement shall apply to the property located at (APN 030-283-005) regardless of owner. On going PS 5. The Final Map shall be drawn in substantial conformance with the approved tentative map, and in compliance with all conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City’s Subdivision Ordinance. FM PS 6. The subdivider shall defend, indemnify, and hold harmless the City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the subdivision. FM PS 7. The Tract Map shall be subject to additional fees for park or recreation purposes (QUIMBY Act) as required by City Ordinance. FM PS 8. 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 BP PS Conditions of Approval / Mitigation Monitoring Program Atascadero Avenue Triangle 9-Lot Planned Development 7 CUP 2007-0208/ZCH 2007-0145/TTM 2007-0101 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure acceptance of any final map. The administration of the above mentioned funds shall be by the City. Developer agrees to participate in the community facilities district and to take all steps reasonably required by the City with regard to the establishment of the district and assessment of the property.  All Atascadero Police Department service costs to the project.  All Atascadero Fire Department service costs to the project.  Off-site common City of Atascadero park facilities maintenance service costs related to the project. 9. All tract maintenance costs listed below shall be 100% funded by the project / property in perpetuity.  All streets that are currently not maintained by the City of Atascadero, bridges, sidewalks, streetlights, street signs, roads, emergency access roads, emergency access gates, and sewer mains within the project.  All parks, trails, recreational facilities and like facilities.  All open space and native tree preservation areas.  All drainage facilities and detention basins.  All creeks, flood plains, floodways, wetlands, and riparian habitat areas.  All common landscaping areas, street trees, medians, parkway planters, manufactured slopes outside private yards, and other similar facilities.  All frontage landscaping and sidewalks along arterial streets BP PS 10. The private open space feature at the corner of Atascadero Avenue and San Andres shall be maintained by the property owner. All landscape shall be maintained in good condition and the site shall be kept free of litter and graffiti. Ongoing PS 11. The developments approved with CUP 2007-0208 and CUP 2007-0219 shall be developed together as one Master Plan of Development at as required by the General Plan. BP / GP PS / PW 12. Prior to final map, the applicant shall submit CC&Rs for review and approval by the Community Development Department. The CC&R’s shall record with the Final Map and shall include the following provisions within the CC&Rs: 1. Provisions for maintenance of all common areas including access, parking, street trees, fencing and landscaping in BP PS Conditions of Approval / Mitigation Monitoring Program Atascadero Avenue Triangle 9-Lot Planned Development 7 CUP 2007-0208/ZCH 2007-0145/TTM 2007-0101 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure perpetuity, if applicable. 2. Fencing design and locations 3. A detailed list of each individual homeowner’s responsibilities for maintenance of the individual units. 4. Residents shall keep all trash receptacles within the unit’s designated trash storage area. 5. Garages shall be maintained and used for vehicle parking. 6. No boats, RV’s or other type of recreation vehicle may occupy a guest or resident parking space. including within an individual garage. 7. A provision for review and approval by the City Community Development Department for any changes to the CC&R’s that relate to the above requirements prior to the changes being recorded or taking effect. 13. Affordable Housing Requirement: As a General Plan required Master Planned site (Master Plan of Development Overlay #12), the Affordable Housing requirement shall apply to the 11 units approved for the subject sites with ZCH 2007-0145 and ZCH 2007-0146. The applicant shall deed restrict a minimum of 1 residential unit for 30 years, at the moderate income rate. Exception to Affordable Housing Deed Restriction Requirement: The City will not record 30 year recorded deed restrictions if the developer can demonstrate that the project meets the following criteria:  The project shall be developed as an entirely affordable project, consisting of a mix of very low, low, or moderate income units;  The housing units must be constructed with at least 50% of the work performed by volunteers and/or households purchasing the housing;  The applicant must demonstrate that the home purchase financing provided will be affordable to the purchasing household for at least 30 years.  At least 1 moderate income unit shall be provided within the project to meet the City Council Inclusionary Housing policy. GP/BP PS, CA Conditions of Approval / Mitigation Monitoring Program Atascadero Avenue Triangle 9-Lot Planned Development 7 CUP 2007-0208/ZCH 2007-0145/TTM 2007-0101 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure 14. Workforce Housing: Prior to recordation of final map, the applicant shall enter into a legal agreement with the City to reserve ½ 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. BP PS, CE 15. Approval of this permit shall include the removal of 8 Native Black Walnuts, totaling 310 inches dbh. The applicant shall be required to pay mitigation fees or provide replantings on-site per the requirements of the Atascadero Native Tree Ordinance. Any additional removals shall be subject to Planning Commission approval. BP PS, BS 16. The applicant shall work with staff to enhance the side elevation on Lot 8 facing Navajoa Avenue. The elevation shall include larger windows and added architectural detailing, consistent with the front elevation. Additional landscaping, including trees and tall shrubs shall be added to the side setback on this lot. Fencing may not be located in the side setback next to Navajoa Ave. BP PS 17. The columns on the wrap around porch on floor plan D (shown in Exhibits E and F) shall be a minimum size of 6” by 6” square. Railings shall be added to the wrap around porch. BP PS 18. All exterior elevations, finish materials and colors shall be consistent with the Master Plan of Development as shown in EXHIBIT D and F with the following modifications:  All exterior material finishes (siding, trim, doors, windows, light fixtures, garage doors) shall be durable, high quality, and consistent with the architectural appearance.  Stucco siding shall be smooth troweled or light sand finish.  Roofs shall be architectural grade dimensional shingles. BP PS 19. Building colors shall be consistent with Exhibit G with the following modification:  The color “clay urn” identified in color scheme #1 shall be replaced GP/BP PS Conditions of Approval / Mitigation Monitoring Program Atascadero Avenue Triangle 9-Lot Planned Development 7 CUP 2007-0208/ZCH 2007-0145/TTM 2007-0101 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure with a more muted color, consistent with the surrounding residences and color schemes 2 through 5. Final selection of colors and materials shall be subject to staff approval. 20. Garage doors shall be high quality, wood or carriage style doors. BP PS 21. All site development shall comply with the standards of the Planned Development 7 Overlay District. BP PS, BS 22. All site work, grading, and site improvements shall be consistent with the Master Plan of Development as shown in EXHIBIT B. BP/FM PS, BS, CE 23. All project fencing shall be installed consistent throughout the project, and located as shown in the approved Landscape Plan, subject to the following modifications:  Fencing material and treatment shall comply with the PD-7 standards.  Final fence location shall be subject to staff approval.  Fencing within the front and corner lot setbacks shall be under 3 feet tall. GP/BP PS 24. A final landscape and irrigation plan shall be approved prior to the issuance of building permits and included as part of site improvement plan consistent with EXHIBIT J, and as follows:  All exterior meters, air conditioning units and mechanical equipment shall be screened with landscape material.  All areas shown on the landscape plan shall be landscaped by the developer prior to the final of any single building permit on-site.  Final tree list shall be submitted with building permits, subject to staff approval.  Street and open space trees shall be minimum 15-gallon size and double staked.  Front yard areas shall be landscaped with drought tolerant species, subject to staff approval. BP PS 25. The wall/fence around the private park on Lot 1 shall be allowed to be built at a maximum height of 5 feet at the tallest point. BP PS 26. The commemorative tile on the ‘commemorative wall” around he private BP PS Conditions of Approval / Mitigation Monitoring Program Atascadero Avenue Triangle 9-Lot Planned Development 7 CUP 2007-0208/ZCH 2007-0145/TTM 2007-0101 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure park on Lot 1 shall be subject to staff approval 2014 Tentative Tract Map Amendments 27. Deed notification to be recorded at the time of Final Map Recordation notifying all property owners within the project (CUP 2007-0219 / CUP 2007-0208) that maintenance responsibilities include all landscaping within planting/parkway strips, front yard landscaping including any trees, curbs, gutters, driveways and sidewalks fronting a property are maintenance responsibilities of the homeowners, not the City of Atascadero, consistent with Atascadero Municipal Code section 4-6.04. 28. All Planning conditions of approval for the Master Plan of Development (CUP 2007-0208) must be adhered to and is incorporated via reference. City Engineer Project Conditions 29. The applicant shall install curb, gutter and sidewalk along all property frontages. All road frontages will be widened be City Standard. GP, BP CE 30. This project is required to retain the difference between the undeveloped 2 year storm runoff and the developed 50 year storm runoff to mitigate the increase runoff into the storm drain system. The project will use individual drainage basin on each lot to handle the increased flow. The basin will be underground “infiltrator” basins. Deep pit basins are not allowed. When the basin becomes full, they will overflow into the new curb and gutter through small drain pipe under the side walk. 31. The project engineer shall investigate the feasibility of installing 4 way stop control on Navajoa at San Andres Ave and Atascadero Ave. The engineer shall present a schematic layout of a 4 way stop and produce a warrant analysis in accordance with the Manual on Uniform Traffic Control Devices. The City Engineer shall decide if the 4 way stops shall be installed based on the information submitted. Improvement cost required by the warrant analysis shall be the responsibility of the City of Atascadero. GP, BP CE 32. In the event that the applicant bonds for the public improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. GP, BP CE 33. An engineer’s estimate of probable cost shall be submitted for review and approval by the City Engineer to determine the amount of the bond. GP, BP CE 34. The Subdivision Improvement Agreement shall record concurrently with the Final Map. FM CE Conditions of Approval / Mitigation Monitoring Program Atascadero Avenue Triangle 9-Lot Planned Development 7 CUP 2007-0208/ZCH 2007-0145/TTM 2007-0101 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure 35. A six (6) foot Public Utility Easement (PUE) shall be provided contiguous to the property frontage. GP, BP CE 36. The applicant shall acquire title interest in any off-site land that may be required to allow for the construction of the improvements. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress and egress is affected by these improvements. GP, BP CE 37. Slope easements shall be obtained by the applicant as needed to accommodate cut or fill slopes. GP, BP CE 38. Drainage easements shall be obtained by the applicant as needed to accommodate both public and private drainage facilities. GP, BP CE 39. A preliminary subdivision guarantee shall be submitted for review in conjunction with the processing of the tract map. FM CE 40. The final map shall be signed by the City Engineer prior to the map being placed on the agenda for City Council acceptance. FM CE 41. Prior to recording the tract map, the applicant shall pay all outstanding plan check/inspection fees. FM CE 42. Prior to recording the map, the applicant shall bond for or complete all improvements required by these conditions of approval. FM CE 43. Prior to recording the tract map, the applicant shall submit a copy of a valid tax bond. FM CE 44. Prior to recording the tract map, the applicant shall bond for or set monuments at all new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the tract 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. FM CE 45. Prior to recording the tract map, the applicant shall submit a map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. FM CE 46. All existing and proposed utility, pipeline, open space, or other easements are to be shown on the final map. If there are building or other restrictions related to the easements, they shall be noted on the final map. The applicant shall show all access restrictions on the final FM CE Conditions of Approval / Mitigation Monitoring Program Atascadero Avenue Triangle 9-Lot Planned Development 7 CUP 2007-0208/ZCH 2007-0145/TTM 2007-0101 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure map. 47. Prior to recording the tract map, the applicant shall have the map reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company 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 tract map. FM CE 48. Prior to the issuance of building permits the applicant shall submit plans and supporting calculations/reports including street improvements, underground utilities, composite utilities, and grading/drainage plans prepared by a registered civil engineer for review and approval by the City Engineer. GP, BP CE 49. Prior to the issuance of building permits the applicant shall submit calculations to support the design of any structures or pipes. Closed conduits shall be designed to convey the 10-year flow with gravity flow, the 25-year flow with head, and provide safe conveyance for the 100- year overflow. GP, BP CE 50. Prior to the issuance of building permits the applicant shall provide for the detention and metering out of developed storm runoff so that it is equal to or less than undeveloped storm runoff. GP, BP CE 51. Drainage basins shall be designed to desilt, detain and meter storm flows as well as release them to natural runoff locations. GP, BP CE 52. All storm drain facilities servicing individual lots and units shall be maintained by the property owner. A mechanism for funding and maintenance of the storm drain facilities shall be provided for any common area, or common storm drainage facility. GP, BP CE 53. Prior to the issuance of building permits the applicant shall show the method of dispersal at all pipe outlets. Include specifications for size & type. GP, BP CE 54. Prior to the issuance of building permits the applicant shall show method of conduct to approved off-site drainage facilities. GP, BP CE 55. Concentrated drainage from off-site areas shall be conveyed 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. GP, BP CE Conditions of Approval / Mitigation Monitoring Program Atascadero Avenue Triangle 9-Lot Planned Development 7 CUP 2007-0208/ZCH 2007-0145/TTM 2007-0101 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure 56. Applicant shall submit erosion control plans and a Storm Water Pollution Prevention Plan (SWPPP). The Regional Water Quality Control Board shall approve the SWPPP. GP, BP CE 57. All public improvements shall be constructed in conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer GP, BP CE 58. Off-site streets shall be improved consistent with the tentative tract map. GP, BP CE 59. Project shall include construction of curb, gutter and sidewalk along entire frontage. GP, BP CE 60. Alignment of frontage improvements shall be approved by the City Engineer. GP, BP CE 61. All utilities shall be undergrounded on project frontage where feasible. Existing poles may be preserved or moved on-site to avoid additional installation of guide poles off-site. Applicant shall work with City Staff to minimize the amount of poles required on-site. GP, BP CE 62. Applicant shall pay sewer extension (Annexation), Connection and Reimbursement fees (if applicable) upon issuance of building permit. BP CE 63. Drainage piping serving fixtures which have flood level rims located below the elevation of the next upstream manhole cover of the public or private sewer serving such drainage piping shall be protected from backflow of sewage by installing an approved type backwater valve. Fixtures above such elevation shall not discharge through the backwater valve. BP CE Mitigation Measures Mitigation Measure 3.b.1: The project shall be conditioned to comply with all applicable District regulations pertaining to the control of fugitive dust (PM- 10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. Section 6.3: Construction Equipment  Maintain all construction equipment in proper tune according to manufacturer’s specifications.  Fuel all off-road and portable diesel powered equipment, including but not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power units, with ARB certified motor vehicle diesel fuel (Non-taxed version suitable for use off-road).  Maximize to the extent feasible, the use of diesel construction equipment meeting the ARB’s 1996 or newer certification standard for off-road heavy-duty diesel engines. BP BS/PS 3.b.1 Conditions of Approval / Mitigation Monitoring Program Atascadero Avenue Triangle 9-Lot Planned Development 7 CUP 2007-0208/ZCH 2007-0145/TTM 2007-0101 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure Section 6.4: Activity Management Techniques  Develop a comprehensive construction activity managem ent plan designed to minimize the amount of large construction equipment operating during any given time period.  Schedule of construction truck trips during non-peak hours to reduce peak hour emissions.  Limit the length of the construction workday period, if necessary.  Phase construction activities, if appropriate. Section 6.5: Fugitive PM10 All of the following measures shall be included on grading, demolition and building plan notes: M. Reduce the amount of the disturbed area where possible. N. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non-potable) water should be used whenever possible. O. All dirt stockpile areas should be sprayed daily as needed. P. Permanent dust control measures identified in the approved project re - vegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities. Q. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading should be sown with a fast- germinating native grass seed and watered until vegetation is established. R. All disturbed soil areas not subject to re-vegetation should be stabilized using approved chemical soil binder, jute netting, or other methods approved in advance by the APCD. S. All roadways, driveways, sidewalks, etc, to be paved should be complete as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. T. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. U. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114. V. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment leaving the site. W. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. X. The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust off site. The name and telephone number of such persons shall be provided to the APCD prior to land use clearance for map recordation and land use clearance for finish grading of any structure. Conditions of Approval / Mitigation Monitoring Program Atascadero Avenue Triangle 9-Lot Planned Development 7 CUP 2007-0208/ZCH 2007-0145/TTM 2007-0101 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure Mitigation Measure 3.b.2: The project shall be conditioned to comply with all applicable APCD regulations pertaining to Naturally Occurring Asbestos. Prior to any grading activities at the site, the project proponent shall ensure that a geologic evaluation is conducted to determine if NOA is present within the area that will be disturbed. If NOA is not present, an exemption request must be filed with the District (see Attachment 1). If NOA is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM. This may include development of an Asbestos Dust Mitigation Plan and an Asbestos Health and Safety Program for approval by the APCD. Refer to the APCD web page at http://www.slocleanair.org/business/asbestos.asp for more information or contact Tim Fuhs of the Enforcement Division at 781-5912. BP BS/PS 3.b.2 Mitigation Measure 3.b.3: Developmental burning of vegetative material is prohibited. Under certain circumstances where no technically feasible alternatives are available, limited developmental burning under restrictions may be allowed. This requires prior application, payment of fee based on the size of the project, APCD approval, and issuance of a burn permit by the APCD and the local fire department authority. The applicant is required to furnish the APCD with the study of technical feasibility (which includes costs and other constraints) at the time of application. For any questions regarding these requirements, contact Karen Brooks of the Enforcement Division at 781-5912. BP BS/PS 3.b.3 Mitigation Measure 3.b.4: Under APCD Rule 504, only APCD approved wood burning devices can be installed in new dwelling units. These devices include:  All EPA-Certified Phase II wood burning devices;  Catalytic wood burning devices which emit less than or equal to 4.1 grams per hour of particulate matter which are not EPA-Certified but have been verified by a nationally-recognized testing lab;  Non-catalytic wood burning devices which emit less than or equal to 7.5 grams per hour of particulate matter which are not EPA- Certified but have been verified by a nationally-recognized testing lab;  Pellet-fueled woodheaters; and  Dedicated gas-fired fireplaces. Questions about approved wood burning devices, should be refered to Tim Fuhs in the Enforcement Division at 781-5912. BP BS/PS 3.b.4 Conditions of Approval / Mitigation Monitoring Program Atascadero Avenue Triangle 9-Lot Planned Development 7 CUP 2007-0208/ZCH 2007-0145/TTM 2007-0101 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure Mitigation Measure 4.e.1: The developer shall contract with a certified arborist during all phases of project implementation. The certified arborists shall be responsible for monitoring the project during all phases of construction through project completion, as follows: (a) A written agreement between the arborist and the developer outlining an arborist monitoring schedule for each construction phase through final inspection shall be submitted to and approved by planning staff prior to the issuance of building/grading permits. (b) Arborist shall schedule a pre-construction meeting with engineering /planning staff, grading equipment operators, project superintendent to review the project conditions and requirements prior to any grubbing or earth work for any portion of the project site. All tree protection fencing and trunk protection shall be installed for inspection during the meeting. Tree protection fencing shall be installed at the line of encroachment into the tree’s root zone area. (c) As specified by the arborist report and City staff:  Prune all trees in active development areas to be saved for structural strength and crown cleaning by a licensed and certified arborist;  Remove all debris and spoils from the lot cleaning and tree pruning.  In locations where paving is to occur within the tree canopy, grub only and do not grade nor compact. Install porous pavers over a three-inch bed of ¾ inch granite covered with one-inch pea gravel for screeding. If curbs are required, use pegged curbs to secure the porous pavers. Pegged curbs are reinforced six to eight curbs poured at grade with a one-foot by one-foot pothole every four to six linear feet.  All trenching or grading within the protected root zone area, outside of the tree protection fence shall require hand trenching or preserve and protect roots that are larger than 2 inches in diameter.  No grading or trenching is allowed within the fenced protected area.  Any roots that are 4 inches in diameter or larger are not to be cut until inspected and approved by the on-site arborist. (d) Upon project completion and prior to final occupancy a final status report shall be prepared by the project arborist certifying that the tree protection plan was implemented, the trees designated for protection were protected during construction, and the construction-related tree protection measures are no longer required for tree protection. BP BS/PS 4.e.1 Conditions of Approval / Mitigation Monitoring Program Atascadero Avenue Triangle 9-Lot Planned Development 7 CUP 2007-0208/ZCH 2007-0145/TTM 2007-0101 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure Mitigation Measure 4.e.2: 1. All existing trees outside of the limits of work shall remain. 2. Earthwork shall not exceed the limits of the project area. 3. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 4. Vehicles and stockpiled material shall be stored outside the drip line of all trees. 5. All trees within twenty feet of construction 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. 7. Utilities such as water, gas, power, cable, storm drainage, and sewer should be redirected from under the canopy of any trees that are to remain. 8. Where a building is placed within the canopy of a tree the foundation should be redesigned so that it bridges across any root systems. 9. Any foundation or other structure that encroaches within the drip line of trees to be saved shall be dug by hand. 10. At no time shall tree roots be ripped with construction equipment. BP BS/PS 4.e.2 Mitigation 5.d.1: Should any human remains be discovered on the property, all work on the project should stop and the County Coroner contacted. If the human remains are identified as being Native American, the California Native American Heritage Commission (NAHC) should be contacted at (916) 653-4082. Ongoing PS 5.d.1 Mitigation Measure 6.b.1: All cut and fill slopes shall be hydro seeded with an appropriate erosion control method (erosion control blanket, hydro - mulch, or straw mulch appropriately anchored) immediately after completion of earthwork between the months of October 15 through April 15. All hydroseed mix shall be native species. All disturbed slopes shall have appropriate erosion control methods in place. Duration of the project: The contractor will be responsible for the clean-up of any mud or debris that is tracked onto public streets by construction vehicles. BP BS/PS 6.b.1 Mitigation Measure 8.e.f.1: The developer is responsible for ensuring that all contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop orders. BP BS/PS 8.e.f.1 Mitigation Measure 11.d.1: All construction activities shall comply with the City of Atascadero Noise Ordinance for hours of operation. BP BS/PS 11.d.1 ATTACHMENT 10: Draft Resolution PC 2014-0029 Amendment of Master Plan of Development (CUP) 2 unit PD-7 DRAFT PC RESOLUTION 2014-0029 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO AMENDING CONDITIONAL USE PERMIT 2007-0219 (MASTER PLAN OF DEVELOPEMNT FOR 2-UNIT PD-7) ON APN 030-283-005, Lot 1 (People’s Self Help Housing Corporation) WHEREAS, an application has been received from People’s Self Help Housing Corporation, 3533 Empleo Street, San Luis Obispo, CA 93405, (Applicant / Owner) to amend a project consisting of an approved Master Plan of Development and Reconsider a Tentative Tract Map on a 0.38-acre site located at 6905 Navajoa Avenue ,(APN 030-283-005, Lot 1); and, WHEREAS, the site’s current zoning district is RMF-20 (Residential Multi-Family – 20) with a Planned Development #7 Overlay (PD-7); and, WHEREAS, the PD-7 requires the adoption of a Master Plan of Development, approved in the form of a Conditional Use Permit; and, WHEREAS, the City Council approved the original Master Plan of Development (CUP 2007-0208) for this portion of the project on February 26, 2008; and, WHEREAS, the Planned Development Overlay-7 requires a minimum of 4 units, and by combining the 2-unit and 9-unit projects as a Master Planned site per the General Plan requirements, the application on Lot 1 meets this criteria; and, WHEREAS, the proposed Conditional Use Permit Amendment is in substantial conformance with Certified Mitigated Negative Declaration 2007-0027 prepared for the original project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on November 18, 2014 studied and considered the Conditional Use Permit 2007-0208 (Master Plan of Development for 2-unit PD-7), after studying and considering the Certified Mitigated Negative Declaration prepared for the project, and NOW, THEREFORE, the Planning Commission of the City of Atascadero makes the following recommendations: SECTION 1. Findings for Approval of Conditional Use Permit. The Planning Commission recommends that the City Council finds as follows: 1. The proposed project or use is consistent with the General Plan and the City’s Appearance Review Manual; and, 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) including provisions of the PD-7 Overlay Zone; and, 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, 4. The proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5. The proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. 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-7 Overlay Zone cannot be reasonably achieved through existing development standards or processing requirements; and, 8. The proposed project will not result in substantial detrimental effects on the enjoyment and use of adjoining properties; and, SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on November 18, 2014 resolved to recommend to the City Council to approve amendments to Conditional Use Permit 2007-0219 (Master Plan of Development for 2- unit PD-7) subject to the following: EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program EXHIBIT B: Master Plan of Development EXHIBIT C: Floor Plan A/B/C EXHIBIT D: Floor Plan A/B/C Elevations w/options EXHIBIT E: Floor Plan D EXHIBIT F: Floor Plan D Elevations EXHIBIT G: Color Boards and Site Plan Color Key EXHIBIT H: Preliminary Landscape Plan EXHIBIT I: Tree Protection Plan EXHIBIT J: Grading, Drainage and Utility Plans EXHIBIT K: Improvement Plans EXHIBIT L: Private Park Site Plan, Sketch, and Fencing Design On motion by, ______and seconded by _____the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSTAIN: ( ) ABSENT: () ADOPTED: CITY OF ATASCADERO, CA ______________________________ Commissioner Dennis Schmidt Planning Commission Chairperson Attest: ______________________________ Warren M. Frace Planning Commission Secretary EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program CUP 2007-0219 Conditions of Approval / Mitigation Monitoring Program Atascadero Avenue Triangle 2-Lot Planned Development 7 CUP 2007-0219/ZCH 2007-0146/TPM 2007-0091 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure Planning Services 1. The approval of this use permit shall become final and effective for the purposes of issuing building permits thirty (30) days following the City Council approval of ZCH 2007-140, ZCH 2007-0145 and ZCH 2007-0146 upon second reading, unless prior to that time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. FM PS 2. Approval of this Tentative Parcel Map and Conditional Use Permit shall be valid for two years after its effective date (Insert City Council 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. FM PS 3. The Community Development Department shall have the 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 Parcel Map and that the Final Map is in substantial conformance with the Tentative Map. FM PS 4. The granting of this entitlement shall apply to the property located at (APN 030-283-005) regardless of owner. On going PS 5. The Final Map shall be drawn in substantial conformance with the approved tentative map, and in compliance with all conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City’s Subdivision Ordinance. FM PS 6. The subdivider shall defend, indemnify, and hold harmless the City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the subdivision. FM PS 7. The Parcel Map shall be subject to additional fees for park or recreation purposes (QUIMBY Act) as required by City Ordinance. FM PS 8. 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 BP PS Conditions of Approval / Mitigation Monitoring Program Atascadero Avenue Triangle 2-Lot Planned Development 7 CUP 2007-0219/ZCH 2007-0146/TPM 2007-0091 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure be by the City. Developer agrees to participate in the community facilities district and to take all steps reasonably required by the City with regard to the establishment of the district and assessment of the property.  All Atascadero Police Department service costs to the project.  All Atascadero Fire Department service costs to the project.  Off-site common City of Atascadero park facilities maintenance service costs related to the project. 9. All tract maintenance costs listed below shall be 100% funded by the project / property in perpetuity.  All streets that are currently not maintained by the City of Atascadero, bridges, sidewalks, streetlights, street signs, roads, emergency access roads, emergency access gates, and sewer mains within the project.  All parks, trails, recreational facilities and like facilities.  All open space and native tree preservation areas.  All drainage facilities and detention basins.  All creeks, flood plains, floodways, wetlands, and riparian habitat areas.  All common landscaping areas, street trees, medians, parkway planters, manufactured slopes outside private yards, and other similar facilities.  All frontage landscaping and sidewalks along arterial streets BP PS 10. The private open space feature at the corner of Atascadero Avenue and San Andres shall be maintained by the property owner. All landscape shall be maintained in good condition and the site shall be kept free of litter and graffiti. Ongoing PS 11. The developments approved with CUP 2007-0208 and CUP 2007-0219 shall be developed together as one Master Plan of Development at as required by the General Plan. BP / GP PS / PW 12. Prior to final map, the applicant shall submit CC&Rs for review and approval by the Community Development Department. The CC&R’s shall record with the Final Map and shall include the following provisions within the CC&Rs:  Provisions for maintenance of all common areas including access, parking, street trees, fencing and landscaping in perpetuity, if BP PS Conditions of Approval / Mitigation Monitoring Program Atascadero Avenue Triangle 2-Lot Planned Development 7 CUP 2007-0219/ZCH 2007-0146/TPM 2007-0091 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure applicable.  Fencing design and locations  A detailed list of each individual homeowner’s responsibilities for maintenance of the individual units.  Residents shall keep all trash receptacles within the unit’s designated trash storage area.  Garages shall be maintained and used for vehicle parking.  No boats, RV’s or other type of recreation vehicle may occupy a guest or resident parking space. , including within an individual garage.  A provision for review and approval by the City Community Development Department for any changes to the CC&R’s that relate to the above requirements prior to the changes being recorded or taking effect. 13. Affordable Housing Requirement: As a General Plan required Master Planned site (Master Plan of Development Overlay #12), the Affordable Housing requirement shall apply to the 11 units approved for the subject sites with ZCH 2007-0145 and ZCH 2007-0146. The applicant shall deed restrict a minimum of 1 residential unit for 30 years, at the moderate income rate. Exception to Affordable Housing Deed Restriction Requirement: The City will not record 30 year recorded deed restrictions if the developer can demonstrate that the project meets the following criteria:  The project shall be developed as an entirely affordable project, consisting of a mix of very low, low, or moderate income units;  The housing units must be constructed with at least 50% of the work performed by volunteers and/or households purchasing the housing;  The applicant must demonstrate that the home purchase financing provided will be affordable to the purchasing household for at least 30 years. GP/BP PS, CA 14. Workforce Housing: Prior to recordation of final map, the applicant shall enter into a legal agreement with the City to reserve ½ 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 BP PS, CE Conditions of Approval / Mitigation Monitoring Program Atascadero Avenue Triangle 2-Lot Planned Development 7 CUP 2007-0219/ZCH 2007-0146/TPM 2007-0091 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure 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. 15. Approval of this permit shall include the removal of 8 Native Black Walnuts, totaling 310 inches dbh. The applicant shall be required to pay mitigation fees or provide replantings on-site per the requirements of the Atascadero Native Tree Ordinance. Any additional removals shall be subject to Planning Commission approval. BP PS, BS 16. The applicant shall work with staff to enhance the side elevation on Lot 8 facing Navajoa Avenue. The elevation shall include larger windows and added architectural detailing, consistent with the front elevation. Additional landscaping, including trees and tall shrubs shall be added to the side setback on this lot. Fencing may not be located in the side setback next to Navajoa Ave. BP PS 17. The columns on the wrap around porch on floor plan D (shown in Exhibits E and F) shall be a minimum size of 6” by 6” square. Railings shall be added to the wrap around porch. BP PS 18. All exterior elevations, finish materials and colors shall be consistent with the Master Plan of Development as shown in EXHIBIT D and F with the following modifications:  All exterior material finishes (siding, trim, doors, windows, light fixtures, garage doors) shall be durable, high quality, and consistent with the architectural appearance.  Stucco siding shall be smooth troweled or light sand finish.  Roofs shall be architectural grade dimensional shingles. BP PS 19. Building colors shall be consistent with Exhibit G with the following modification:  The color “clay urn” identified in color scheme #1 shall be replaced with a more muted color, consistent with the surrounding residences and color schemes 2 through 5. Final selection of colors and materials shall be subject to staff approval. GP/BP PS Conditions of Approval / Mitigation Monitoring Program Atascadero Avenue Triangle 2-Lot Planned Development 7 CUP 2007-0219/ZCH 2007-0146/TPM 2007-0091 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure 20. Garage doors shall be high quality, wood or carriage style doors architectural grade quality. BP PS 21. All site development shall comply with the standards of the Planned Development 7 Overlay District. BP PS, BS 22. All site work, grading, and site improvements shall be consistent with the Master Plan of Development as shown in EXHIBIT B. BP/FM PS, BS, CE 23. All project fencing shall be installed consistent throughout the project, and located as shown in the approved Landscape Plan, subject to the following modifications:  Fencing material and treatment shall comply with the PD-7 standards.  Final fence location shall be subject to staff approval.  Fencing within the front and corner lot setbacks shall be under 3 feet tall.  Fencing within Lot 1 and Lot 2 of CUP 2007-0219 shall consists of wood picket / vinyl picket fencing GP/BP PS 24. A final landscape and irrigation plan shall be approved prior to the issuance of building permits and included as part of site improvement plan consistent with EXHIBIT J, and as follows:  All exterior meters, air conditioning units and mechanical equipment shall be screened with landscape material.  All areas shown on the landscape plan shall be landscaped by the developer prior to the final of any single building permit on-site.  Final tree list shall be submitted with building permits, subject to staff approval.  Street and open space trees shall be minimum 15-gallon size and double staked.  Front yard areas shall be landscaped with drought tolerant species or utilize xeriscape landscaping, subject to staff approval.  Street Tree Plantings within the “parkway” strip must consist of California Sycamore Trees, minimum 15-gallon plantings. These plantings may be used to reduce tree removal mitigation payments.  A minimum of four (4) native tree plantings must occur within the Front / Side Yard landscaping of Lot 1 and Lot 2of CUP 2007-0219. These plantings may be used to reduce tree removal mitigation payments. BP PS Conditions of Approval / Mitigation Monitoring Program Atascadero Avenue Triangle 2-Lot Planned Development 7 CUP 2007-0219/ZCH 2007-0146/TPM 2007-0091 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure 25. The wall/fence around the private park on Lot 1 shall be allowed to be built at a maximum height of 5 feet at the tallest point. BP PS 26. The commemorative tile on the ‘commemorative wall” around he private park on Lot 1 shall be subject to staff approval BP PS 2014 Master Plan of Amendment Conditions 27. Deed notification to be recorded at the time of Final Map Recordation notifying owners of Lot 1 and Lot 2 (CUP 2007-0219) that front yard landscaping and mitigation plantings, and front yard fencing must be maintained at all times. FM PS 28. Deed notification to be recorded at the time of Final Map Recordation notifying all property owners within the project (CUP 2007-0219 / CUP 2007-0208) that maintenance responsibilities include all landscaping within planting/parkway strips, front yard landscaping including any trees, curbs, gutters, driveways and sidewalks fronting a property are maintenance responsibilities of the homeowners, not the City of Atascadero, consistent with Atascadero Municipal Code section 4- 6.04. FM PS City Engineer Project Conditions 29. The applicant shall install curb, gutter and sidewalk along all property frontages. All road frontages will be widened be City Standard. GP, BP CE 30. This project is required to retain the difference between the undeveloped 2 year storm runoff and the developed 50 year storm runoff to mitigate the increase runoff into the storm drain system. The project will use individual drainage basin on each lot to handle the increased flow. The basin will be underground “infiltrator” basins. Deep pit basins are not allowed. When the basin becomes full, they will overflow into the new curb and gutter through small drain pipe under the side walk. GP, BP CE 31. The project engineer shall investigate the feasibility of installing 4 way stop control on Navajoa at San Andres Ave and Atascadero Ave. The engineer shall present a schematic layout of a 4 way stop and produce a warrant analysis in accordance with the Manual on Uniform Traffic Control Devices. The City Engineer shall decide if the 4 way stops shall be installed based on the information submitted. Improvement cost required by the warrant analysis shall be the responsibility of the City of Atascadero. GP, BP CE City Engineer Standard Conditions 32. In the event that the applicant bonds for the public improvements required as a condition of this map, the applicant shall enter into a Subdivision GP, BP CE Conditions of Approval / Mitigation Monitoring Program Atascadero Avenue Triangle 2-Lot Planned Development 7 CUP 2007-0219/ZCH 2007-0146/TPM 2007-0091 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure Improvement Agreement with the City Council. 33. An engineer’s estimate of probable cost shall be submitted for review and approval by the City Engineer to determine the amount of the bond. GP, BP CE 34. The Subdivision Improvement Agreement shall record concurrently with the Final Map. FM CE 35. A six (6) foot Public Utility Easement (PUE) shall be provided contiguous to the property frontage. GP, BP CE 36. The applicant shall acquire title interest in any off-site land that may be required to allow for the construction of the improvements. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress and egress is affected by these improvements. GP, BP CE 37. Slope easements shall be obtained by the applicant as needed to accommodate cut or fill slopes. GP, BP CE 38. Drainage easements shall be obtained by the applicant as needed to accommodate both public and private drainage facilities. GP, BP CE 39. A preliminary subdivision guarantee shall be submitted for review in conjunction with the processing of the parcel map. FM CE 40. The final map shall be signed by the City Engineer prior to the map being placed on the agenda for City Council acceptance. FM CE 41. Prior to recording the parcel map, the applicant shall pay all outstanding plan check/inspection fees. FM CE 42. Prior to recording the map, the applicant shall bond for or complete all improvements required by these conditions of approval. FM CE 43. Prior to recording the parcel map, the applicant shall submit a copy of a valid tax bond. FM CE 44. Prior to recording the parcel map, the applicant shall bond for or 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. FM CE 45. Prior to recording the parcel map, the applicant shall submit a map drawn in substantial conformance with the approved tentative map and in FM CE Conditions of Approval / Mitigation Monitoring Program Atascadero Avenue Triangle 2-Lot Planned Development 7 CUP 2007-0219/ZCH 2007-0146/TPM 2007-0091 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure compliance with all conditions set forth herein. The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 46. All existing and proposed utility, pipeline, open space, or other 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. FM CE 47. Prior to recording the parcel map, the applicant shall have the map reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company indicating their review of the map. The letter shall identify any new easements that may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the parcel map. FM CE 48. Prior to the issuance of building permits the applicant shall submit plans and supporting calculations/reports including street improvements, underground utilities, composite utilities, and grading/drainage plans prepared by a registered civil engineer for review and approval by the City Engineer. GP, BP CE 49. Prior to the issuance of building permits the applicant shall submit calculations to support the design of any structures or pipes. Closed conduits shall be designed to convey the 10-year flow with gravity flow, the 25-year flow with head, and provide safe conveyance for the 100-year overflow. GP, BP CE 50. Prior to the issuance of building permits the applicant shall provide for the detention and metering out of developed storm runoff so that it is equal to or less than undeveloped storm runoff. GP, BP CE 51. Drainage basins shall be designed to desilt, detain and meter storm flows as well as release them to natural runoff locations. GP, BP CE 52. All storm drain facilities servicing individual lots and units shall be maintained by the property owner. A mechanism for funding and maintenance of the storm drain facilities shall be provided for any common area, or common storm drainage facility. GP, BP CE 53. Prior to the issuance of building permits the applicant shall show the method of dispersal at all pipe outlets. Include specifications for size & type. GP, BP CE 54. Prior to the issuance of building permits the applicant shall show method of conduct to approved off-site drainage facilities. GP, BP CE 55. All public improvements shall be constructed in conformance with the City of Atascadero Engineering Department Standard Specifications and GP, BP CE Conditions of Approval / Mitigation Monitoring Program Atascadero Avenue Triangle 2-Lot Planned Development 7 CUP 2007-0219/ZCH 2007-0146/TPM 2007-0091 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure Drawings or as directed by the City Engineer 56. Off-site streets shall be improved consistent with the tentative parcel map. GP, BP CE 57. Project shall include construction of curb, gutter and sidewalk along entire frontage. GP, BP CE 58. Alignment of frontage improvements shall be approved by the City Engineer. GP, BP CE 59. All utilities shall be undergrounded on project frontage where feasible. Existing poles may be preserved or moved on-site to avoid additional installation of guide poles off-site. Applicant shall work with City Staff to minimize the amount of poles required on-site. GP, BP CE 60. Applicant shall pay sewer extension (Annexation), Connection and Reimbursement fees (if applicable) upon issuance of building permit. BP CE 61. Drainage piping serving fixtures which have flood level rims located below the elevation of the next upstream manhole cover of the public or private sewer serving such drainage piping shall be protected from backflow of sewage by installing an approved type backwater valve. Fixtures above such elevation shall not discharge through the backwater valve. BP CE Mitigation Measures Mitigation Measure 3.b.1: The project shall be conditioned to comply with all applicable District regulations pertaining to the control of fugitive dust (PM-10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. Section 6.3: Construction Equipment  Maintain all construction equipment in proper tune according to manufacturer’s specifications.  Fuel all off-road and portable diesel powered equipment, including but not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power units, with ARB certified motor vehicle diesel fuel (Non-taxed version suitable for use off-road).  Maximize to the extent feasible, the use of diesel construction equipment meeting the ARB’s 1996 or newer certification standard for off-road heavy-duty diesel engines. Section 6.4: Activity Management Techniques  Develop a comprehensive construction activity management plan designed to minimize the amount of large construction equipment operating during any given time period.  Schedule of construction truck trips during non-peak hours to reduce peak hour emissions.  Limit the length of the construction workday period, if necessary. BP BS/PS 3.b.1 Conditions of Approval / Mitigation Monitoring Program Atascadero Avenue Triangle 2-Lot Planned Development 7 CUP 2007-0219/ZCH 2007-0146/TPM 2007-0091 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure  Phase construction activities, if appropriate. Section 6.5: Fugitive PM10 All of the following measures shall be included on grading, demolition and building plan notes: Y. Reduce the amount of the disturbed area where possible. Z. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non-potable) water should be used whenever possible. AA. All dirt stockpile areas should be sprayed daily as needed. BB. Permanent dust control measures identified in the approved project re - vegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities. CC. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading should be sown with a fast-germinating native grass seed and watered until vegetation is established. DD. All disturbed soil areas not subject to re-vegetation should be stabilized using approved chemical soil binder, jute netting, or other methods approved in advance by the APCD. EE. All roadways, driveways, sidewalks, etc, to be paved should be complete as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. FF. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. GG. All trucks hauling dirt, sand, soil, or other loose materials are to be cove red or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114. HH. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment leaving the site. II. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. JJ. The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust off site. The name and telephone number of such persons shall be provided to the APCD prior to land use clearance for map recordation and land use clearance for finish grading of any structure. Mitigation Measure 3.b.2: The project shall be conditioned to comply with all applicable APCD regulations pertaining to Naturally Occurring Asbestos. Prior to any grading activities at the site, the project proponent shall ensure that a geologic evaluation is conducted to determine if NOA is present within the area that will be disturbed. If NOA is not present, an exemption request must be filed with the District (see Attachment 1). If NOA is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM. This may include development of an Asbestos Dust Mitigation Plan and an Asbestos Health and Safety Program for approval by the APCD. Refer to the APCD web BP BS/PS 3.b.2 Conditions of Approval / Mitigation Monitoring Program Atascadero Avenue Triangle 2-Lot Planned Development 7 CUP 2007-0219/ZCH 2007-0146/TPM 2007-0091 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure page at http://www.slocleanair.org/business/asbestos.asp for more information or contact Tim Fuhs of the Enforcement Division at 781-5912. Mitigation Measure 3.b.3: Developmental burning of vegetative material is prohibited. Under certain circumstances where no technically feasible alternatives are available, limited developmental burning under restrictions may be allowed. This requires prior application, payment of fee based on the size of the project, APCD approval, and issuance of a burn permit by the APCD and the local fire department authority. The applicant is required to furnish the APCD with the study of technical feasibility (which includes costs and other constraints) at the time of application. For any questions regarding these requirements, contact Karen Brooks of the Enforcement Division at 781-5912. BP BS/PS 3.b.3 Mitigation Measure 3.b.4: Under APCD Rule 504, only APCD approved wood burning devices can be installed in new dwelling units. These devices include:  All EPA-Certified Phase II wood burning devices;  Catalytic wood burning devices which emit less than or equal to 4.1 grams per hour of particulate matter which are not EPA-Certified but have been verified by a nationally-recognized testing lab;  Non-catalytic wood burning devices which emit less than or equal to 7.5 grams per hour of particulate matter which are not EPA-Certified but have been verified by a nationally-recognized testing lab;  Pellet-fueled woodheaters; and  Dedicated gas-fired fireplaces. Questions about approved wood burning devices, should be refered to Tim Fuhs in the Enforcement Division at 781-5912. BP BS/PS 3.b.4 Mitigation Measure 4.e.1: The developer shall contract with a certified arborist during all phases of project implementation. The certified arborists shall be responsible for monitoring the project during all phases of construction through project completion, as follows: (a) A written agreement between the arborist and the developer outlining an arborist monitoring schedule for each construction phase through final inspection shall be submitted to and approved by planning staff prior to the issuance of building/grading permits. (b) Arborist shall schedule a pre-construction meeting with engineering /planning staff, grading equipment operators, 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 fe ncing and trunk protection shall be installed for inspection during the meeting. Tree protection fencing shall be installed at the line of encroachment into the tree’s root zone area. (c) As specified by the arborist report and City staff:  Prune all trees in active development areas to be saved for structural strength and crown cleaning by a licensed and certified arborist;  Remove all debris and spoils from the lot cleaning and tree pruning.  In locations where paving is to occur within the tree canopy, grub only BP BS/PS 4.e.1 Conditions of Approval / Mitigation Monitoring Program Atascadero Avenue Triangle 2-Lot Planned Development 7 CUP 2007-0219/ZCH 2007-0146/TPM 2007-0091 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure and do not grade nor compact. Install porous pavers over a three-inch bed of ¾ inch granite covered with one-inch pea gravel for screeding. If curbs are required, use pegged curbs to secure the porous pavers. Pegged curbs are reinforced six to eight curbs poured at grade with a one-foot by one-foot pothole every four to six linear feet.  All trenching or grading within the protected root zone area, outside of the tree protection fence shall require hand trenching or preserve and protect roots that are larger than 2 inches in diameter.  No grading or trenching is allowed within the fenced protected area.  Any roots that are 4 inches in diameter or larger are not to be cut until inspected and approved by the on-site arborist. (d) Upon project completion and prior to final occupancy a final status report shall be prepared by the project arborist certifying that the tree protection plan was implemented, the trees designated for protection were protected during construction, and the construction-related tree protection measures are no longer required for tree protection. Mitigation Measure 4.e.2: 1. All existing trees outside of the limits of work shall remain. 2. Earthwork shall not exceed the limits of the project area. 3. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 4. Vehicles and stockpiled material shall be stored outside the drip line of all trees. 5. All trees within twenty feet of construction 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. Fenci ng 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. 7. Utilities such as water, gas, power, cable, storm drainage, and sewer should be redirected from under the canopy of any trees that are to remain. 8. Where a building is placed within the canopy of a tree the foundation should be redesigned so that it bridges across any root systems. 9. Any foundation or other structure that encroaches within the drip line of trees to be saved shall be dug by hand. 10. At no time shall tree roots be ripped with construction equipment. BP BS/PS 4.e.2 Mitigation 5.d.1: Should any human remains be discovered on the property, all work on the project should stop and the County Coroner contacted. If the human remains are identified as being Native American, the California Native American Heritage Commission (NAHC) should be contacted at (916) 653- 4082. Ongoing PS 5.d.1 Mitigation Measure 6.b.1: All cut and fill slopes shall be hydro seeded with an appropriate erosion control method (erosion control blanket, hydro-mulch, or straw mulch appropriately anchored) immediately after completion of earthwork between the months of October 15 through April 15. All hydroseed mix shall be native species. All disturbed slopes shall have appropriate erosion control BP BS/PS 6.b.1 Conditions of Approval / Mitigation Monitoring Program Atascadero Avenue Triangle 2-Lot Planned Development 7 CUP 2007-0219/ZCH 2007-0146/TPM 2007-0091 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure methods in place. Duration of the project: The contractor will be responsible for the clean-up of any mud or debris that is tracked onto public streets by construction vehicles. Mitigation Measure 8.e.f.1: The developer is responsible for ensuring that all contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop orders. BP BS/PS 8.e.f.1 Mitigation Measure 11.d.1: All construction activities shall comply with the City of Atascadero Noise Ordinance for hours of operation. BP BS/PS 11.d.1 EXHIBIT B: Master Plan of Development/Site Plan See Next Page for Amended Site Plan EXHIBIT B: Master Plan of Development/Site Plan 2014 Amended Master Plan EXHIBIT C: Floor Plan A/B/C EXHIBIT D: Floor Plan A/B/C Elevations and Options EXHIBIT D: Floor Plan A/B/C Elevations and Options EXHIBIT E: Floor Plan D EXHIBIT F: Floor Plan D Elevations EXHIBIT F: Floor Plan D Elevations EXHIBIT G: Color Boards and Site Plan Color Key See Next Page for Amended Site Plan Key EXHIBIT G: Color Boards and Site Plan Color Key Color Scheme #1 A “Clay Urn” to be substituted for a more muted color per conditions of approval. Requires City Staff approval. A-3 TBD EXHIBIT G: Color Boards and Site Plan Color Key EXHIBIT G: Color Boards and Site Plan Color Key EXHIBIT H: Preliminary Landscape Plan See Following Page for Revised Plan EXHIBIT H: Preliminary Landscape Plan 2014 Amended Landscape Plan EXHIBIT I: Tree Protection Plan Tree Protection to remain for revised lots EXHIBIT J: Grading, Drainage and Utility Plans See Following Page for Revised Grading / Drainage Plan EXHIBIT J: Grading, Drainage and Utility Plans EXHIBIT J: Grading, Drainage and Utility Plans See Following Page for Revised Utility Plan EXHIBIT J: Grading, Drainage and Utility Plans EXHIBIT K: Improvement Plans See Following Page for Site Improvement Plan EXHIBIT K: Improvement Plans EXHIBIT L: Private Park Site Plan, Sketch, and Fencing Design Amended –No Longer Required EXHIBIT L: Private Park Site Plan, Sketch, and Fencing Design Amended –No Longer Required ATTACHMENT 13: Draft Resolution PC 2014-0030 Reconsideration of TPM 2007-0091 DRAFT PC RESOLUTION 2014-0030 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, APPROVING A REQUEST TO RECONSIDER VESTING TENTATIVE PARCEL MAP 2007-0091, AN APPROVAL OF A TWO-LOT SUBDIVISION CONSISTENT WITH A MASTER PLAN OF DEVELOPMENT ON APN 030-283-005, Lot 1 (People’s Self Help Housing Corporation) WHEREAS, an application has been received from People’s Self Help Housing Corporation, 3533 Empleo Street, San Luis Obispo, CA 93405, (Applicant / Owner) to amend a project consisting of an approved Master Plan of Development and Reconsider a Tentative Tract Map on a 0.38-acre site located at 6905 Navajoa Avenue ,(APN 030-283-005, Lot 1); and, WHEREAS, the site’s current zoning district is RMF-20 (Residential Multi-Family – 20) with a Planned Development #7 Overlay (PD-7); and, WHEREAS, the PD-7 requires the adoption of a Master Plan of Development, approved in the form of a Conditional Use Permit; and, WHEREAS, the City Council approved the original Master Plan of Development (CUP 2007-0208) for this portion of the project on February 26, 2008; and, WHEREAS, the Planned Development Overlay-7 requires a minimum of 4 units, and by combining the 2-unit and 9-unit projects as a Master Planned site per the General Plan requirements, the application on Lot 1 meets this criteria; and, WHEREAS, the applicant is requesting reconsideration of Vesting Tentative Parcel Map 2007-0091 to reduce the number of approved lots within the proposed subdivision from three (3) lots to two (2) lots; and, WHEREAS, the Planned Development Overlay-7 requires that all tentative maps are consistent with approved site plans; and, WHEREAS, the Planning Commission has recommended that the site’s Master Plan of Development (CUP 2007-0219) be amended to reduce the number of lots from three (3) to two (2), and for consistency purposes, the conditions of the Vesting Tentative Parcel Map shall also be amended; and, WHEREAS, the proposed Conditional Use Permit Amendment is in substantial conformance with Certified Mitigated Negative Declaration 2007-0027 prepared for the original project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on November 18, 2014 studied and considered the proposed reconsideration of Tentative Parcel Map 2007-0091 , after studying and considering the Certified 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 of Approval for Tentative Parcel Map, the Planning Commission of the City of Atascadero recommends that the City Council find as follows: 1. The proposed subdivision, design and improvements as conditioned, is consistent with the General Plan and applicable zoning requirements, including provisions of the PD-7 overlay district. 2. The proposed subdivision, as conditioned, is consistent with the proposed Planned Development Overlay District-7 Master Plan of Development (CUP 2007-0219). 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the density of development proposed. 5. The design and improvement of the proposed subdivision will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat. 6. The design of the subdivision will not conflict with easements acquired by the public at large for access through, or the use of property within, the proposed subdivision; or substantially equivalent alternative easements are provided. 7. Covenants, Conditions and Restrictions (CC&R’s) or equivalent shall be required that incorporate the Master Plan of Development conditions of approval to ensure that the site retains the proposed qualities (architecture, colors, materials, plan amenities, fencing, and landscaping) over time. 8. The proposed subdivision design and type of improvements proposed will not be detrimental to the health, safety or welfare of the general public. SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on November 18, 2014, resolved to recommend to the City Council approval of a reconsideration of Tentative Parcel Map (TPM 2007-0091) to reduce the number of proposed lots from three (3) to two (2) subject to the following: 1. Exhibit A: Tentative Parcel Map 2007-0091 2. Exhibit B: Conditions of Approval / Mitigation Monitoring Program. On motion by Commissioner _______________________ and seconded by Commissioner ________________________, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: _______________________________ Dennis Schmidt Chairperson ATTEST: ______________________________ Warren Frace Planning Commission Secretary Exhibit A: 3 Lot Tentative Parcel Map Amended –See following Page Exhibit A: 3 Lot Tentative Parcel Map (2014 Amendment) Exhibit B: Conditions of Approval / Mitigation Monitoring Program Tentative Parcel Map 2007-0091 Conditions of Approval / Mitigation Monitoring Program Atascadero Avenue Triangle 2-Lot Planned Development 7 CUP 2007-0219/ZCH 2007-0146/TPM 2007-0091 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure Planning Services 1. The approval of this use permit shall become final and effective for the purposes of issuing building permits thirty (30) days following the City Council approval of ZCH 2007-140, ZCH 2007-0145 and ZCH 2007-0146 upon second reading, unless prior to that time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. FM PS 2. Approval of this Tentative Parcel Map and Conditional Use Permit shall be valid for two years after its effective date (Insert City Council 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. FM PS 3. The Community Development Department shall have the 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 Parcel Map and that the Final Map is in substantial conformance with the Tentative Map. FM PS 4. The granting of this entitlement shall apply to the property located at (APN 030-283-005) regardless of owner. On going PS 5. The Final Map shall be drawn in substantial conformance with the approved tentative map, and in compliance with all conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City’s Subdivision Ordinance. FM PS 6. The subdivider shall defend, indemnify, and hold harmless the City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the subdivision. FM PS 7. The Parcel Map shall be subject to additional fees for park or recreation purposes (QUIMBY Act) as required by City Ordinance. FM PS 8. 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 BP PS Conditions of Approval / Mitigation Monitoring Program Atascadero Avenue Triangle 2-Lot Planned Development 7 CUP 2007-0219/ZCH 2007-0146/TPM 2007-0091 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure in the community facilities district and to take all steps reasonably required by the City with regard to the establishment of the district and assessment of the property.  All Atascadero Police Department service costs to the project.  All Atascadero Fire Department service costs to the project.  Off-site common City of Atascadero park facilities maintenance service costs related to the project. 9. All tract maintenance costs listed below shall be 100% funded by the project / property in perpetuity.  All streets that are currently not maintained by the City of Atascadero, bridges, sidewalks, streetlights, street signs, roads, emergency access roads, emergency access gates, and sewer mains within the project.  All parks, trails, recreational facilities and like facilities.  All open space and native tree preservation areas.  All drainage facilities and detention basins.  All creeks, flood plains, floodways, wetlands, and riparian habitat areas.  All common landscaping areas, street trees, medians, parkway planters, manufactured slopes outside private yards, and other similar facilities.  All frontage landscaping and sidewalks along arterial streets BP PS 10. The private open space feature at the corner of Atascadero Avenue and San Andres shall be maintained by the property owner. All landscape shall be maintained in good condition and the site shall be kept free of litter and graffiti. Ongoing PS 11. The developments approved with CUP 2007-0208 and CUP 2007-0219 shall be developed together as one Master Plan of Development at as required by the General Plan. BP / GP PS / PW 12. Prior to final map, the applicant shall submit CC&Rs for review and approval by the Community Development Department. The CC&R’s shall record with the Final Map and shall include the following provisions within the CC&Rs:  Provisions for maintenance of all common areas including access, parking, street trees, fencing and landscaping in perpetuity, if applicable. BP PS Conditions of Approval / Mitigation Monitoring Program Atascadero Avenue Triangle 2-Lot Planned Development 7 CUP 2007-0219/ZCH 2007-0146/TPM 2007-0091 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure  Fencing design and locations  A detailed list of each individual homeowner’s responsibilities for maintenance of the individual units.  Residents shall keep all trash receptacles within the unit’s designated trash storage area.  Garages shall be maintained and used for vehicle parking.  No boats, RV’s or other type of recreation vehicle may occupy a guest or resident parking space. , including within an individual garage.  A provision for review and approval by the City Community Development Department for any changes to the CC&R’s that relate to the above requirements prior to the changes being recorded or taking effect. 13. Affordable Housing Requirement: As a General Plan required Master Planned site (Master Plan of Development Overlay #12), the Affordable Housing requirement shall apply to the 11 units approved for the subject sites with ZCH 2007-0145 and ZCH 2007-0146. The applicant shall deed restrict a minimum of 1 residential unit for 30 years, at the moderate income rate. Exception to Affordable Housing Deed Restriction Requirement: The City will not record 30 year recorded deed restrictions if the developer can demonstrate that the project meets the following criteria:  The project shall be developed as an entirely affordable project, consisting of a mix of very low, low, or moderate income units;  The housing units must be constructed with at least 50% of the work performed by volunteers and/or households purchasing the housing;  The applicant must demonstrate that the home purchase financing provided will be affordable to the purchasing household for at least 30 years. GP/BP PS, CA 14. Workforce Housing: Prior to recordation of final map, the applicant shall enter into a legal agreement with the City to reserve ½ 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; BP PS, CE Conditions of Approval / Mitigation Monitoring Program Atascadero Avenue Triangle 2-Lot Planned Development 7 CUP 2007-0219/ZCH 2007-0146/TPM 2007-0091 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure  The Atascadero resident or worker restriction shall apply to the initial sale only;  The applicant shall identify which units will be reserved; and The City Attorney shall approve the final form of the agreement. 15. Approval of this permit shall include the removal of 8 Native Black Walnuts, totaling 310 inches dbh. The applicant shall be required to pay mitigation fees or provide replantings on-site per the requirements of the Atascadero Native Tree Ordinance. Any additional removals shall be subject to Planning Commission approval. BP PS, BS 16. The applicant shall work with staff to enhance the side elevation on Lot 8 facing Navajoa Avenue. The elevation shall include larger windows and added architectural detailing, consistent with the front elevation. Additional landscaping, including trees and tall shrubs shall be added to the side setback on this lot. Fencing may not be located in the side setback next to Navajoa Ave. BP PS 17. The columns on the wrap around porch on floor plan D (shown in Exhibits E and F) shall be a minimum size of 6” by 6” square. Railings shall be added to the wrap around porch. BP PS 18. All exterior elevations, finish materials and colors shall be consistent with the Master Plan of Development as shown in EXHIBIT D and F with the following modifications:  All exterior material finishes (siding, trim, doors, windows, light fixtures, garage doors) shall be durable, high quality, and consistent with the architectural appearance.  Stucco siding shall be smooth troweled or light sand finish.  Roofs shall be architectural grade dimensional shingles. BP PS 19. Building colors shall be consistent with Exhibit G with the following modification:  The color “clay urn” identified in color scheme #1 shall be replaced with a more muted color, consistent with the surrounding residences and color schemes 2 through 5. Final selection of colors and materials shall be subject to staff approval. GP/BP PS 20. Garage doors shall be high quality, wood or carriage style doors architectural grade quality. BP PS 21. All site development shall comply with the standards of the Planned Development 7 Overlay District. BP PS, BS Conditions of Approval / Mitigation Monitoring Program Atascadero Avenue Triangle 2-Lot Planned Development 7 CUP 2007-0219/ZCH 2007-0146/TPM 2007-0091 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure 22. All site work, grading, and site improvements shall be consistent with the Master Plan of Development as shown in EXHIBIT B. BP/FM PS, BS, CE 23. All project fencing shall be installed consistent throughout the project, and located as shown in the approved Landscape Plan, subject to the following modifications:  Fencing material and treatment shall comply with the PD-7 standards.  Final fence location shall be subject to staff approval.  Fencing within the front and corner lot setbacks shall be under 3 feet tall.  Fencing within Lot 1 and Lot 2 of CUP 2007-0219 shall consists of wood picket / vinyl picket fencing GP/BP PS 24. A final landscape and irrigation plan shall be approved prior to the issuance of building permits and included as part of site improvement plan consistent with EXHIBIT J, and as follows:  All exterior meters, air conditioning units and mechanical equipment shall be screened with landscape material.  All areas shown on the landscape plan shall be landscaped by the developer prior to the final of any single building permit on-site.  Final tree list shall be submitted with building permits, subject to staff approval.  Street and open space trees shall be minimum 15-gallon size and double staked.  Front yard areas shall be landscaped with drought tolerant species or utilize xeriscape landscaping, subject to staff approval.  Street Tree Plantings within the “parkway” strip must consist of California Sycamore Trees, minimum 15-gallon plantings. These plantings may be used to reduce tree removal mitigation payments.  A minimum of four (4) native tree plantings must occur within the Front / Side Yard landscaping of Lot 1 and Lot 2of CUP 2007-0219. These plantings may be used to reduce tree removal mitigation payments. BP PS 25. The wall/fence around the private park on Lot 1 shall be allowed to be built at a maximum height of 5 feet at the tallest point. BP PS Conditions of Approval / Mitigation Monitoring Program Atascadero Avenue Triangle 2-Lot Planned Development 7 CUP 2007-0219/ZCH 2007-0146/TPM 2007-0091 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure 26. The commemorative tile on the ‘commemorative wall” around he private park on Lot 1 shall be subject to staff approval BP PS 2014 Master Plan of Amendment Conditions 27. Deed notification to be recorded at the time of Final Map Recordation notifying owners of Lot 1 and Lot 2 (CUP 2007-0219) that front yard landscaping and mitigation plantings, and front yard fencing must be maintained at all times. FM PS 28. Deed notification to be recorded at the time of Final Map Recordation notifying all property owners within the project (CUP 2007-0219 / CUP 2007-0208) that maintenance responsibilities include all landscaping within planting/parkway strips, front yard landscaping including any trees, curbs, gutters, driveways and sidewalks fronting a property are maintenance responsibilities of the homeowners, not the City of Atascadero, consistent with Atascadero Municipal Code section 4-6.04. FM PS City Engineer Project Conditions 29. The applicant shall install curb, gutter and sidewalk along all property frontages. All road frontages will be widened be City Standard. GP, BP CE 30. This project is required to retain the difference between the undeveloped 2 year storm runoff and the developed 50 year storm runoff to mitigate the increase runoff into the storm drain system. The project will use individual drainage basin on each lot to handle the increased flow. The basin will be underground “infiltrator” basins. Deep pit basins are not allowed. When the basin becomes full, they will overflow into the new curb and gutter through small drain pipe under the side walk. GP, BP CE 31. The project engineer shall investigate the feasibility of installing 4 way stop control on Navajoa at San Andres Ave and Atascadero Ave. The engineer shall present a schematic layout of a 4 way stop and produce a warrant analysis in accordance with the Manual on Uniform Traffic Control Devices. The City Engineer shall decide if the 4 way stops shall be installed based on the information submitted. Improvement cost required by the warrant analysis shall be the responsibility of the City of Atascadero. GP, BP CE City Engineer Standard Conditions 32. In the event that the applicant bonds for the public improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. GP, BP CE Conditions of Approval / Mitigation Monitoring Program Atascadero Avenue Triangle 2-Lot Planned Development 7 CUP 2007-0219/ZCH 2007-0146/TPM 2007-0091 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure 33. An engineer’s estimate of probable cost shall be submitted for review and approval by the City Engineer to determine the amount of the bond. GP, BP CE 34. The Subdivision Improvement Agreement shall record concurrently with the Final Map. FM CE 35. A six (6) foot Public Utility Easement (PUE) shall be provided contiguous to the property frontage. GP, BP CE 36. The applicant shall acquire title interest in any off-site land that may be required to allow for the construction of the improvements. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress and egress is affected by these improvements. GP, BP CE 37. Slope easements shall be obtained by the applicant as needed to accommodate cut or fill slopes. GP, BP CE 38. Drainage easements shall be obtained by the applicant as needed to accommodate both public and private drainage facilities. GP, BP CE 39. A preliminary subdivision guarantee shall be submitted for review in conjunction with the processing of the parcel map. FM CE 40. The final map shall be signed by the City Engineer prior to the map being placed on the agenda for City Council acceptance. FM CE 41. Prior to recording the parcel map, the applicant shall pay all outstanding plan check/inspection fees. FM CE 42. Prior to recording the map, the applicant shall bond for or complete all improvements required by these conditions of approval. FM CE 43. Prior to recording the parcel map, the applicant shall submit a copy of a valid tax bond. FM CE 44. Prior to recording the parcel map, the applicant shall bond for or 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. FM CE 45. Prior to recording the parcel map, the applicant shall submit a map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The map shall be submitted for review and approval by the City in accordance with the FM CE Conditions of Approval / Mitigation Monitoring Program Atascadero Avenue Triangle 2-Lot Planned Development 7 CUP 2007-0219/ZCH 2007-0146/TPM 2007-0091 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure Subdivision Map Act and the City's Subdivision Ordinance. 46. All existing and proposed utility, pipeline, open space, or other easements are to be shown on the parcel map. If there are building or other restrictions related to the easements, they shall be noted on the parcel map. The applicant shall show all access restrictions on the parcel map. FM CE 47. Prior to recording the parcel map, the applicant shall have the map reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company indicating their review of the map. The letter shall identify any new easements that may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the parcel map. FM CE 48. Prior to the issuance of building permits the applicant shall submit plans and supporting calculations/reports including street improvements, underground utilities, composite utilities, and grading/drainage plans prepared by a registered civil engineer for review and approval by the City Engineer. GP, BP CE 49. Prior to the issuance of building permits the applicant shall submit calculations to support the design of any structures or pipes. Closed conduits shall be designed to convey the 10-year flow with gravity flow, the 25-year flow with head, and provide safe conveyance for the 100-year overflow. GP, BP CE 50. Prior to the issuance of building permits the applicant shall provide for the detention and metering out of developed storm runoff so that it is equal to or less than undeveloped storm runoff. GP, BP CE 51. Drainage basins shall be designed to desilt, detain and meter storm flows as well as release them to natural runoff locations. GP, BP CE 52. All storm drain facilities servicing individual lots and units shall be maintained by the property owner. A mechanism for funding and maintenance of the storm drain facilities shall be provided for any common area, or common storm drainage facility. GP, BP CE 53. Prior to the issuance of building permits the applicant shall show the method of dispersal at all pipe outlets. Include specifications for size & type. GP, BP CE 54. Prior to the issuance of building permits the applicant shall show method of conduct to approved off-site drainage facilities. GP, BP CE 55. All public improvements shall be constructed in conformance with the City of Atascadero Engineering Department Standard Specifications and GP, BP CE Conditions of Approval / Mitigation Monitoring Program Atascadero Avenue Triangle 2-Lot Planned Development 7 CUP 2007-0219/ZCH 2007-0146/TPM 2007-0091 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure Drawings or as directed by the City Engineer 56. Off-site streets shall be improved consistent with the tentative parcel map. GP, BP CE 57. Project shall include construction of curb, gutter and sidewalk along entire frontage. GP, BP CE 58. Alignment of frontage improvements shall be approved by the City Engineer. GP, BP CE 59. All utilities shall be undergrounded on project frontage where feasible. Existing poles may be preserved or moved on-site to avoid additional installation of guide poles off-site. Applicant shall work with City Staff to minimize the amount of poles required on-site. GP, BP CE 60. Applicant shall pay sewer extension (Annexation), Connection and Reimbursement fees (if applicable) upon issuance of building permit. BP CE 61. Drainage piping serving fixtures which have flood level rims located below the elevation of the next upstream manhole cover of the public or private sewer serving such drainage piping shall be protected from backflow of sewage by installing an approved type backwater valve. Fixtures above such elevation shall not discharge through the backwater valve. BP CE Mitigation Measures Mitigation Measure 3.b.1: The project shall be conditioned to comply with all applicable District regulations pertaining to the control of fugitive dust (PM-10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. Section 6.3: Construction Equipment  Maintain all construction equipment in proper tune according to manufacturer’s specifications.  Fuel all off-road and portable diesel powered equipment, including but not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power units, with ARB certified motor vehicle diesel fuel (Non-taxed version suitable for use off-road).  Maximize to the extent feasible, the use of diesel construction equipment meeting the ARB’s 1996 or newer certification standard for off-road heavy-duty diesel engines. Section 6.4: Activity Management Techniques  Develop a comprehensive construction activity management plan designed to minimize the amount of large construction equipment operating during any given time period.  Schedule of construction truck trips during non-peak hours to reduce peak hour emissions. BP BS/PS 3.b.1 Conditions of Approval / Mitigation Monitoring Program Atascadero Avenue Triangle 2-Lot Planned Development 7 CUP 2007-0219/ZCH 2007-0146/TPM 2007-0091 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure  Limit the length of the construction workday period, if necessary.  Phase construction activities, if appropriate. Section 6.5: Fugitive PM10 All of the following measures shall be included on grading, demolition and building plan notes: KK. Reduce the amount of the disturbed area where possible. LL. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non- potable) water should be used whenever possible. MM. All dirt stockpile areas should be sprayed daily as needed. NN. Permanent dust control measures identified in the approved project re - vegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities. OO. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading should be sown with a fast- germinating native grass seed and watered until vegetation is established. PP. All disturbed soil areas not subject to re-vegetation should be stabilized using approved chemical soil binder, jute netting, or other methods approved in advance by the APCD. QQ. All roadways, driveways, sidewalks, etc, to be paved should be complete as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. RR. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. SS. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114. TT. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment leaving the site. UU. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. VV. The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust off site. The name and telephone number of such persons shall be provided to the APCD prior to land use clearance for map recordation and land use clearance for finish grading of any structure. Mitigation Measure 3.b.2: The project shall be conditioned to comply with all applicable APCD regulations pertaining to Naturally Occurring Asbestos. Prior to any grading activities at the site, the project proponent shall ensure that a geologic evaluation is conducted to determine if NOA is present within the area that will be disturbed. If NOA is not present, an exemption request must be filed with the District (see Attachment 1). If NOA is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM. BP BS/PS 3.b.2 Conditions of Approval / Mitigation Monitoring Program Atascadero Avenue Triangle 2-Lot Planned Development 7 CUP 2007-0219/ZCH 2007-0146/TPM 2007-0091 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure This may include development of an Asbestos Dust Mitigation Plan and an Asbestos Health and Safety Program for approval by the APCD. Refer to the APCD web page at http://www.slocleanair.org/business/asbestos.asp for more information or contact Tim Fuhs of the Enforcement Division at 781-5912. Mitigation Measure 3.b.3: Developmental burning of vegetative material is prohibited. Under certain circumstances where no technically feasible alternatives are available, limited developmental burning under restrictions may be allowed. This requires prior application, payment of fee based on the size of the project, APCD approval, and issuance of a burn permit by the APCD and the local fire department authority. The applicant is required to furnish the APCD with the study of technical feasibility (which includes costs and other constraints) at the time of application. For any questions regarding these requirements, contact Karen Brooks of the Enforcement Division at 781- 5912. BP BS/PS 3.b.3 Mitigation Measure 3.b.4: Under APCD Rule 504, only APCD approved wood burning devices can be installed in new dwelling units. These devices inclu de:  All EPA-Certified Phase II wood burning devices;  Catalytic wood burning devices which emit less than or equal to 4.1 grams per hour of particulate matter which are not EPA-Certified but have been verified by a nationally-recognized testing lab;  Non-catalytic wood burning devices which emit less than or equal to 7.5 grams per hour of particulate matter which are not EPA-Certified but have been verified by a nationally-recognized testing lab;  Pellet-fueled woodheaters; and  Dedicated gas-fired fireplaces. Questions about approved wood burning devices, should be refered to Tim Fuhs in the Enforcement Division at 781-5912. BP BS/PS 3.b.4 Mitigation Measure 4.e.1: The developer shall contract with a certified arborist during all phases of project implementation. The certified arborists shall be responsible for monitoring the project during all phases of construction through project completion, as follows: (a) A written agreement between the arborist and the developer outlining an arborist monitoring schedule for each construction phase through final inspection shall be submitted to and approved by planning staff prior to the issuance of building/grading permits. (b) Arborist shall schedule a pre-construction meeting with engineering /planning staff, grading equipment operators, project superintendent to review the project conditions and requirements prior to any grubbing or earth work for any portion of the project site. All tree protection fencing and trunk protection shall be installed for inspection during the meeting. Tree protection fencing shall be installed at the line of encroachment into the tree’s root zone area. (c) As specified by the arborist report and City staff: BP BS/PS 4.e.1 Conditions of Approval / Mitigation Monitoring Program Atascadero Avenue Triangle 2-Lot Planned Development 7 CUP 2007-0219/ZCH 2007-0146/TPM 2007-0091 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure  Prune all trees in active development areas to be saved for structural strength and crown cleaning by a licensed and certified arborist;  Remove all debris and spoils from the lot cleaning and tree pruning.  In locations where paving is to occur within the tree canopy, grub only and do not grade nor compact. Install porous pavers over a three-inch bed of ¾ inch granite covered with one-inch pea gravel for screeding. If curbs are required, use pegged curbs to secure the porous pavers. Pegged curbs are reinforced six to eight curbs poured at grade with a one-foot by one-foot pothole every four to six linear feet.  All trenching or grading within the protected root zone area, outside of the tree protection fence shall require hand trenching or preserve and protect roots that are larger than 2 inches in diameter.  No grading or trenching is allowed within the fenced protected area.  Any roots that are 4 inches in diameter or larger are not to be cut until inspected and approved by the on-site arborist. (d) Upon project completion and prior to final oc cupancy a final status report shall be prepared by the project arborist certifying that the tree protection plan was implemented, the trees designated for protection were protected during construction, and the construction-related tree protection measures are no longer required for tree protection. Mitigation Measure 4.e.2: 1. All existing trees outside of the limits of work shall remain. 2. Earthwork shall not exceed the limits of the project area. 3. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 4. Vehicles and stockpiled material shall be stored outside the drip line of all trees. 5. All trees within twenty feet of construction 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. 7. Utilities such as water, gas, power, cable, storm drainage, and sewer should be redirected from under the canopy of any trees tha t are to remain. 8. Where a building is placed within the canopy of a tree the foundation should be redesigned so that it bridges across any root systems. 9. Any foundation or other structure that encroaches within the drip line of trees to be saved shall be dug by hand. 10. At no time shall tree roots be ripped with construction equipment. BP BS/PS 4.e.2 Mitigation 5.d.1: Should any human remains be discovered on the property, all work on the project should stop and the County Coroner contacted. If the human remains are identified as being Native American, the California Native American Heritage Commission (NAHC) should be contacted at (916) 653- 4082. Ongoing PS 5.d.1 Conditions of Approval / Mitigation Monitoring Program Atascadero Avenue Triangle 2-Lot Planned Development 7 CUP 2007-0219/ZCH 2007-0146/TPM 2007-0091 Timing GP: Grading Permit BP: Building Permit SIP: Subdivision Improvement Plans FM: Final Map TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Mitigation Measure Mitigation Measure 6.b.1: All cut and fill slopes shall be hydro seeded with an appropriate erosion control method (erosion control blanket, hydro-mulch, or straw mulch appropriately anchored) immediately after completion of earthwork between the months of October 15 through April 15. All hydroseed mix shall be native species. All disturbed slopes shall have appropriate erosion control methods in place. Duration of the project: The contractor will be responsible for the clean-up of any mud or debris that is tracked onto public streets by construction vehicles. BP BS/PS 6.b.1 Mitigation Measure 8.e.f.1: The developer is responsible for ensuring that all contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices, citations, or stop orders. BP BS/PS 8.e.f.1 Mitigation Measure 11.d.1: All construction activities shall comply with the City of Atascadero Noise Ordinance for hours of operation. BP BS/PS 11.d.1