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HomeMy WebLinkAboutResolution 2016-011 RESOLUTION NO. 2016-011 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING THE MASTER PLAN OF DEVELOPMENT FOR THE GROVES DEVELOPMENT AS A PORTION OF THE HALCON RESIDENTIAL PLANNED DEVELOPMENT (Halcon Residential Planned Development ConsciousBuild Atascadero Dev. LLC) WHEREAS, an application has been received from: ConsciousBuild Atascadero Dev. LLC. (2921 Garabaldi Ave, San Luis Obispo, CA 93401) Owner and Applicant, to consider Planning Application PLN 2014-1529, for a project consisting of a General Plan Land Use Diagram Amendment, Zone Text and Map Amendments, Establishment of a Planned Development Overlay Zone, Vesting Tentative Tract Map, Tree Removal Permit and certification of a Mitigated Negative Declaration ("MND") on a 10± acre site located on Viejo Camino and Halcon Road, Atascadero, CA 93422 (APN’s 045-401-003, & 004); and, WHEREAS, the site’s current General Plan Land Use Designation is Suburban Estates (SE); and, WHEREAS, the site’s current Zoning Designation is Residential Suburban (RS); and, WHEREAS, the Planning Commission has recommended that the City Council approve a General Plan Land Use Diagram Amendment to change the Land Use Designation of lots within the project site to Single-Family Residential - X (SFR-X) and Single-Family residential – Y (SFR-Y); and, WHEREAS, the Planning Commission has recommended that the City Council approve a Zoning Ordinance Text Change and Zoning Map Amendment to establish zoning code text for PD-33 zoning district and to change the zoning of lots with the project area to Residential Single- Family – X (RSF-X) and Residential Single-Family - Y (RSF-Y), with a PD-33 overlay on the entire project site based on findings; and, WHEREAS, the PD-33 requires the adoption of a Master Plan of Development, approved in the form of a Conditional Use Permit for cluster development portions of the project area; and WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2015-0007 was prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, City of Atascadero Resolution No. 2016-011 Page 2 of 5 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 Master Plan of Development 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 February 2, 2016 studied and considered Conditional Use Permit 2014- 0284 (Master Plan of Development)and Tree Removal Permit 2014-0178, after studying and considering the proposed Mitigated Negative Declaration prepared for the project, and WHEREAS, the Planning Commission of the City of Atascadero has recommended approval of The Groves Master Plan of Development; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Master Plan of Development was held by the Cit y Council 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 City Council of the City of Atascadero, at a duly noticed Public Hearing held on February 23, 2016 studied and considered Conditional Use Permit 2014 -0284 (Master Plan of Development)and Tree Removal Permit 2014-0178, after studying and considering the proposed Mitigated Negative Declaration prepared for the project, and NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Atascadero: SECTION 1. Findings for Approval of Master Plan of Development. The City Council makes the following findings, determinations and recommendations with respect to the proposed Master Plan of Development: 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-33 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, City of Atascadero Resolution No. 2016-011 Page 3 of 5 5. The Master Plan of Development standards or processing requirements is warranted to promote orderly and harmonious development; and 6. 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. 7. 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 8. Benefits derived from the Master Plan of Development and PD-33 Overlay Zone cannot be reasonably achieved through existing development standards or processing requirements; and, 9. The proposed project will not result in substantial detrimental effects on the enjoyment and use of adjoining properties; and, SECTION 2. Findings for Approval of Tree Removal. The City Council makes the following findings, determinations and recommendations with respect to the proposed Tree Removal Permit: 1. The trees are obstructing proposed improvements that cannot be reasonably designed to avoid the need for tree removal, as certified by a report from the Site Planner and determined by the Community Development Department based on the following factors:  Early consultation with the City;  Consideration of practical design alternatives;  Provision of cost comparisons (from applicant) for practical design alternatives;  If saving tree eliminates all reasonable uses of the property; or  If saving the tree requires the removal of more desirable trees. SECTION 3. Approval. The City Council of the City of Atascadero, in a regular session assembled on February 23, 2016, resolved to approve The Groves Master Plan of Development and associated Tree removal Permit subject to the following: 1. EXHIBIT A: Conditions of approval / Mitigation Monitoring Program 2. EXHIBIT B: Master Plan of Development / Site Plan 3. EXHIBIT C: Landscape Plan 4. EXHIBIT D: Elevations / Floor Plan 5. EXHIBIT E: Grading and Drainage Plan 6. EXHIBIT F: Utility Plan 7. EXHIBIT G: Noise Analysis Diagram City of Atascadero Resolution No. 2016-011 Page 5 of 5 1. EXHIBIT A: Conditions of approval / Mitigation Monitoring Program 2. EXHIBIT B: Master Plan of Development / Site Plan 3. EXHIBIT C: Landscape Plan 4. EXHIBIT D: Elevations / Floor Plan 5. EXHIBIT E: Grading and Drainage Plan 6. EXHIBIT F: Utility Plan 7. EXHIBIT G: Noise Analysis Diagram Due to the length of the exhibits they have not been reproduced as an attachment; however, they may be reviewed in the office of the City Clerk. City of Atascadero Resolution No. 2016-011 Exhibits EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program Halcon Residential Planned Development – The Groves (PLN 2014-1529) Conditions of Approval / Mitigation Monitoring Program Halcon Residential Planned Development – The Groves Planned Development (PD-33) Master Plan of Development Timing FM: Final Map GP: Grading Permit BP: Building Permit TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. Planning Services 1. 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 2014-0175 and ZCH 2015-0178 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. The Community Development Director shall have the authority to approve minor changes to the project that remain in substantial conformance to the approved Master Plan of Development. Such changes may include, but are not limited to, building alterations and/or architectural changes, site placement of structures, landscape modifications, and construction design issues that do not substantively affect the Master Plan of Development. The DRC shall make a recommendation to the Community Development Director related to any proposed architectural design changes not in keeping with the architectural style approved by this resolution. The Planning Commission shall have the final authority to approve any changes to the Master Plan of Development and any associated Tentative Maps deemed to be substantive by the Community Development Director. BP / FM PS, CE 3. Approval of this Conditional Use Permit shall be valid for twenty-four (24) months after its effective date. At the end of the period, the approval shall expire and become null and void unless the project has received a building permit. BP / FM PS 4. The applicant shall defend, indemnify, and hold harmless the City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city, or any of its entities, concerning the subdivision Ongoing PS City of Atascadero Resolution No. 2016-011 Exhibits Conditions of Approval / Mitigation Monitoring Program Halcon Residential Planned Development – The Groves Planned Development (PD-33) Master Plan of Development Timing FM: Final Map GP: Grading Permit BP: Building Permit 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. 5. All subsequent Tentative Map and construction permits shall be in substantial conformance with the Master Plan of Development contained herein. BP / FM PS, CE 6. All exterior elevations, finish materials and colors shall be in substantial conformance with the Master Plan of Development as shown in EXHIBIT D with the following modifications:  Garage doors shall be of a color compatible with the building color scheme and shall be designed to blend in with the façade rather that contrast.  Any proposed exterior street, pedestrian, or building mounted light fixtures shall be of architectural grade and design and shall be compliment the architectural style, subject to staff approval. All lighting shall comply with dark sky standards and shall be located and directed to avoid off-site glare per City ordinance.  Stucco siding shall be smooth troweled or similar. No machine finishes will be permitted.  Stone accent banding shall wrap each façade to an adjoining projected feature or at a distance approved by staff. BP PS 7. All site work, grading, and site improvements shall be in substantial conformance with the Master Plan of Development as shown in EXHIBIT B, C, E and F. BP/FM PS, BS, CE 8. 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 C, and as follows:  All exterior meters, trash storage areas, air conditioning units and mechanical equipment shall be screened with landscape material and/or architecturally compatible enclosures.  All areas shown on the landscape plan and/or areas disturbed during construction for individual lots shall be landscaped and/or hydroseeded with a native mix by the developer completed prior to final of each lot, with the exception of private yard areas enclosed by a 6-foot privacy fence.  Landscape areas between the Viejo Camino pathway and BP PS, BS City of Atascadero Resolution No. 2016-011 Exhibits Conditions of Approval / Mitigation Monitoring Program Halcon Residential Planned Development – The Groves Planned Development (PD-33) Master Plan of Development Timing FM: Final Map GP: Grading Permit BP: Building Permit 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. the split rail fence (limits of public easement) shall be landscaped prior to final and acceptance of the off-site improvements.  Street trees shall be provided along Viejo Camino at a maximum spacing of 30 feet on center. Groupings of trees may be allowed to accommodate sight-distance, topographical features, and/or rural character, subject to the approval of the Community Development Director and City Engineer.  Landscape screening comprised of a combination of trees and native shrubs/grasses shall be provided between all pedestrian pathways and any solid fencing or sound wall features. Walkable shoulders shall be considered as pedestrian pathways for the purposes of this condition.  The corner of Viejo Camino and Santa Barbara Rd shall include enhanced landscaping to buffer between the project and the existing rural residences. Landscaping shall include a combination of trees and native shrubs/grasses, subject to staff approval.  Street and screening trees shall be minimum 15-gallon size and double staked.  A neighborhood identification monument sign shall be permitted at the Viejo Camino project entrance. Monument sign design shall be consistent with building and/or sound wall materials and shall be subject to the review and approval of staff.  Adequate sight-distance shall be maintained at all intersections and private driveways. Shrubs/grasses shall be setback or eliminated where clear sight-distance is required. City of Atascadero Resolution No. 2016-011 Exhibits Conditions of Approval / Mitigation Monitoring Program Halcon Residential Planned Development – The Groves Planned Development (PD-33) Master Plan of Development Timing FM: Final Map GP: Grading Permit BP: Building Permit 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. 9. All project fencing shall be installed consistent with EXHIBIT C subject to the following modifications:  All solid fencing shall be setback a minimum of 10-feet from the edge of right-of-way/public access easements and shall include landscaping within the setback area.  Split rail fencing shall be installed along the Viejo Camino frontage at the edge of the easement dedication. This fencing shall be maintained by the HOA.  Rear yard privacy fencing for lost abutting Viejo Camino or any interior street shall be setback a minimum of 10-feet from the edge of the easement dedications. This includes all pathways and walkable shoulders.  All project fencing shall be of consistent style and material.  Sound walls may be required for outdoor activity areas located in areas along Viejo Camino where decibel readings exceed residential standards, as identified in EXHIBIT G. Where required, sound walls shall be of architectural quality and include features such as decorative top caps. Sound walls shall have the same setback and landscaping requirements as solid fencing. Any sound wall proposed at the boundaries of the project shall taper in a decorative matter and not abruptly terminate at the property line. Neighborhood signage may be incorporated into the sound wall design. Alternatively, sound attenuation areas may be integrated into the building design and/or setback outside of the identified area. GP/BP PS 10. Final selection of colors and materials identified in EXHIBIT D shall be subject to staff approval. GP/BP PS 11. Affordable Housing Requirement: The applicant shall submit a payment of 5% of the building valuation for each residential unit to be placed into the City’s inclusionary housing fund. Payment shall be required prior to building permit issuance. GP/BP PS, CA 12. A Tree Protection Plan shall be prepared as part of the on- and off-site improvement plan package and/or any residential building permit where construction activities will occur within 20- feet of a native tree dripline. The applicant will contract with a certified arborist to monitor all activity within the drip lines of existing native trees. GP/BP PS City of Atascadero Resolution No. 2016-011 Exhibits Conditions of Approval / Mitigation Monitoring Program Halcon Residential Planned Development – The Groves Planned Development (PD-33) Master Plan of Development Timing FM: Final Map GP: Grading Permit BP: Building Permit 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. 13. The emergency services and facility maintenance costs listed below shall be 100% funded by the project in perpetuity. The service and maintenance costs shall be funded through a community facilities district established by the City at the developer's cost. The funding mechanism must be in place prior to or concurrently with acceptance of the final maps. The funding mechanism shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any final map. The administration of the above mentioned funds shall be by the City. Developer agrees to participate in the community facilities district and to take all steps reasonably required by the City with regard to the establishment of the district and assessment of the property.  All Atascadero Police Department service costs to the project.  All Atascadero Fire Department service costs to the project.  Off-site common City of Atascadero park facilities maintenance service costs related to the project. BP PS 14. All tract maintenance costs listed below shall be 100% funded by the project in perpetuity. The service and maintenance cost shall be funded through a Home Owners Association established by the developer subject to City approval. The Home Owners Association must be in place prior to, or concurrently with acceptance of any final maps. The Home Owners Association shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any Final Map. The administration of the above mentioned funds, and the coordination and performance of maintenance activities, shall be the responsibility of the Home Owners Association. a) All streets, bridges, sidewalks, streetlights, street signs, roads, emergency access roads, emergency access gates, and sewer mains within the project. b) All parks, trails, recreational facilities and like facilities. c) All open space and native tree preservation areas. d) All drainage facilities and detention basins. e) All creeks, flood plains, floodways, wetlands, and riparian habitat areas. f) All common landscaping areas, street trees, medians, parkway planters, manufactured slopes outside private yards, and other similar facilities. g) All frontage landscaping and sidewalks along public BP PS City of Atascadero Resolution No. 2016-011 Exhibits Conditions of Approval / Mitigation Monitoring Program Halcon Residential Planned Development – The Groves Planned Development (PD-33) Master Plan of Development Timing FM: Final Map GP: Grading Permit BP: Building Permit 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. streets 15. Prior to issuance of building permits for any residential unit, the applicant shall pay their fair share toward improvements at the US 101/Santa Barbara interchange based on a City approved cost estimate of $6.5 million for the build-out improvements with a cap of $8,000 per unit. BP PS, BS 16. Prior to final map, the applicant shall submit CC&Rs for review by the Community Development Department. The CC&R’s shall record with the Final Map and shall include the following: a) Provisions for maintenance of all common areas including access, parking, street trees, fencing and landscaping. b) A detailed list of each individual homeowner’s responsibilities for maintenance of the individual units. c) Individual unit’s responsibility for keeping all trash receptacles within the unit’s garage. d) Concurrent with recordation of CC&Rs and/or integrated into CC&Rs shall be a paragraph addressing the City’s roles and responsibilities related to the administration and enforcement of any CC&R provisions. BP PS, BS 17. Approval of this permit shall include the removal of 19 Native Oak Trees, totaling 242-inches dbh. The applicant shall provide a tree preservation easement over a portion of lots 10 and 7 as mitigation of the approved removals. Any additional removals shall be subject to Planning Commission approval. BP PS, BS ENGINEERING CONDITIONS PROJECT SPECIFIC CONDITIONS 18. The internal streets shall be offered as public rights-of-way as shown on the tentative map and shall be extended to include the cul-de-sac adjacent to lots 9, 16 & 17. BP, GP CE City of Atascadero Resolution No. 2016-011 Exhibits Conditions of Approval / Mitigation Monitoring Program Halcon Residential Planned Development – The Groves Planned Development (PD-33) Master Plan of Development Timing FM: Final Map GP: Grading Permit BP: Building Permit 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. 19. Internal streets shall not be improved with sidewalks but shall comply with City standards for Rural Local roads. The road shoulder adjacent to Lots 1-5 and Lots 13-15 shall include a 5-foot wide walkable shoulder of compacted Class II Agg Base or DG, with a cross-slope matching that of the street, but not exceeding 4%. Where curb & gutter, or, an AC dike are required to convey stormwater, the area behind the curb or dike shall be compacted base or DG as described above. Curb ramps are not required at the intersections of the internal streets. BP, GP CE 20. Viejo Camino shall be improved to City standards as shown on the Tentative Map along the project frontage. New improvements shall be consistent with City standards and the Circulation Element and shall include new curb, gutter, street intersection with cross-gutter, traffic signage and delineation, a bike lane (Class II), and transit stop. The street pavement shall be completed to integrate the existing roadway with the new frontage improvements as shown on the Tentative Map. BP, GP CE 21. Along the Viejo Camino frontage, the property owner shall dedicate an easement and construct a public pedestrian and bike trail to accommodate a 10-foot wide detached pedestrian & bike trail. The pedestrian/bike trail shall be constructed of asphalt to the satisfaction of the Director of Public Works and Director of Community Development. Final alignment shall meander as necessary to conform to the existing terrain, trees and drainage requirements to the satisfaction of the Director of Public Works and Director of Community Development. The path shall wrap along the Halcon Rd frontage (off-site frontage) within the existing City ROW for a distance required by the City Engineer. BP, GP CE 22. The transit stop shown on Viejo Camino shall be not less than 90 feet long (end-to-end, including transition lanes). The transit stop shall be designed using smooth curves to allow for ease of entry/exiting of the bus as well as street sweeping equipment. The bus staging area shall be of sufficient width to allow the bus to be safely located out of the travel lane(s) while loading or unloading passengers to the satisfaction of the City Engineer. The structural pavement-section shall be sufficient to support the typical transit vehicles but shall be not less than 6” Class A concrete over 6” Class II Aggregate Base, to the satisfaction of the City Engineer. Sidewalk at the transit stop shall be in addition to the concrete pad necessary to place the transit street furniture (bus shelter, bench, sign and other street furniture as deemed necessary by the Director of Public Works). Additional right-of-way shall be dedicated to accommodate the turn-out to BP, GP CE City of Atascadero Resolution No. 2016-011 Exhibits Conditions of Approval / Mitigation Monitoring Program Halcon Residential Planned Development – The Groves Planned Development (PD-33) Master Plan of Development Timing FM: Final Map GP: Grading Permit BP: Building Permit 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. the satisfaction of the City Engineer. 23. The Subdivider shall plant street trees along the Viejo Camino street frontage behind the public sidewalk and within 15-feet. Trees planted closer than 10-feet shall include deep-root planter barriers as approved by the City Engineer. One street tree shall be planted for each 35 linear feet (or portion thereof) of road frontage. BP, GP CE 24. Street trees on the internal streets shall be planted at the time of lot development along the road frontages of the internal streets offered to the public. One street tree shall be planted for each 35 linear feet (or portion thereof) of road frontage. BP, GP CE 25. A new gravity sewer shall be designed and extended in Viejo Camino to serve the lots of Tract 3078, to the satisfaction of the City Engineer. An optional route along Halcon Rd can be explored for feasibility, subject to the review and approval of the city Engineer. The developer may request a reimbursement agreement for future private sewer connections for any off-site sewer extension subject to City Ordinance and City Council authorization. Notice of developer intent to request a reimbursement agreement must be made in writing prior to the start of construction. BP CE 26. Each new lot shall be served by separate laterals for water, power, communications, gas & cable TV (if available adjacent to the subject property). BP CE 27. The Final Map shall include the offer of Public Utility Easements along all street frontages (6-feet wide), to the satisfaction of the City Engineer. FM CE 28. The Subdivider shall dedicated sufficient public right-of-way for street purposes along the northerly side of Santa Barbara Street to accommodate the existing improved road alignment. FM CE STANDARD CONDITIONS 29. All public improvements shall be constructed in conformance with the City of Atascadero Engineering Department Standard BP, GP CE City of Atascadero Resolution No. 2016-011 Exhibits Conditions of Approval / Mitigation Monitoring Program Halcon Residential Planned Development – The Groves Planned Development (PD-33) Master Plan of Development Timing FM: Final Map GP: Grading Permit BP: Building Permit 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. Specifications and Drawings. 30. In the event that the applicant is allowed to bond for the public improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City. FM CE 31. An engineer’s estimate of probable cost shall be submitted for review and approval by the City Engineer to determine the amount of the bond. FM CE 32. The Subdivision Improvement Agreement (SIA) shall record concurrently with the Final Map. If it is the intent of the developer to pursue a reimbursement agreement with the City for the installation of off-site sewer facilities, reference to said agreement and terms shall be included in the SIA. FM CE 33. The applicant shall be responsible for the relocation and/or alteration of existing utilities. BP, GP CE 34. The applicant shall install all new utilities (water, gas, electric, cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. BP, GP CE 35. The applicant shall monument all property corners for construction control and shall promptly replace them if disturbed. FM 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. FM CE 37. Slope easements shall be provided as needed to accommodate cut of fill slopes. FM CE City of Atascadero Resolution No. 2016-011 Exhibits Conditions of Approval / Mitigation Monitoring Program Halcon Residential Planned Development – The Groves Planned Development (PD-33) Master Plan of Development Timing FM: Final Map GP: Grading Permit BP: Building Permit 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. 38. Drainage easements shall be provided as needed to accommodate both public and private drainage facilities. 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 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 41. Prior to recording the tract map, the applicant shall 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. 42. Prior to recording the tract map, the applicant shall pay all outstanding plan check/inspection fees. 43. Prior to recording the map, the applicant shall complete all improvements required by these conditions of approval FM CE 44. 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 map. FM CE 45. Upon recording the final map, the applicant shall provide the City with a black line clear Mylar (0.4 mil) copy and a blue line print of the recorded map. FM CE City of Atascadero Resolution No. 2016-011 Exhibits Conditions of Approval / Mitigation Monitoring Program Halcon Residential Planned Development – The Groves Planned Development (PD-33) Master Plan of Development Timing FM: Final Map GP: Grading Permit BP: Building Permit 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. 46. Prior to the final inspection of any public improvements, the applicant shall submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans. FM CE 47. Prior to the final inspection, the applicant shall submit a written certification from a registered civil engineer or land surveyor that all survey monuments have been set as shown on the final map. BP, GP CE 48. An encroachment permit shall be obtained prior to any work within City rights of way. BP, GP CE 49. Prior to the issuance of building permits the applicant shall submit a grading and drainage plan prepared by a registered civil engineer for review and approval by the City Engineer. BP, GP CE 50. The applicant shall submit a hydraulic analysis with the first plan check submittal of the water system improvements for the project. The analysis should take into account the fire flows required by the California Building Code. The applicant is responsible for designing and constructing water system improvements that will provide water at pressures and flows adequate for the domestic and fire protection needs of the project. BP, GP CE MITIGATION MONITORING PROGRAM Mitigation Measure 1.c.1: A landscape buffer shall be provided along Santa Barbara Rd. Landscape material shall consist of native and/or drought tolerant species. As mixture of low and medium plants shall be utilized to provide visual screening of the project from the adjacent neighborhood. BP PS/BS Mitigation Measure 1.c.2: Street trees shall be provided along Viejo Camino and Halcon Rd. Street trees shall be spaced at no greater than 30-feet on center, however, rural tree groupings may be approved by the City Engineer due to topographic or sight distance concerns and/or to maintain the rural nature of the street. BP CE/BS Mitigation Measure 1.c.3: Rear or side yard privacy fencing where adjacent to a private road shall be set back from the edge of shoulder a minimum of 10-feet. Where rear or side yard fencing is adjacent to a public road, a minimum setback from the edge of BP PS/BS City of Atascadero Resolution No. 2016-011 Exhibits Conditions of Approval / Mitigation Monitoring Program Halcon Residential Planned Development – The Groves Planned Development (PD-33) Master Plan of Development Timing FM: Final Map GP: Grading Permit BP: Building Permit 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. pavement/sidewalk/pedestrian path of 10-feet shall be observed. Fencing adjacent to a public roadway shall be a maximum of 6 -feet high and shall include landscaping on the street side of the fence. Fencing shall be decorative in nature. Any walls proposed for rear or side yards adjacent to a public road shall be constructed of high quality materials and shall adhere to the same setback as privacy fencing. Mitigation Measure 1.d.1: All lighting shall be designed to eliminate any off site glare. All exterior site lights shall utilize full cut-off, “hooded” lighting fixtures to prevent offsite light spillage and glare. BP PS/BS 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 Section 2 “Assessing and Mitigating Construction Impacts.” 2.4 Fugitive Dust Mitigation Measures: Standard List a. Reduce the amount of the disturbed area where possible; b. Use water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non-potable) water should be used whenever possible; c. All dirt stock-pile areas should be sprayed daily as needed; d. All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as possible, and building pads should be laid as soon as possible after grading unless seeding or soil binders are used; e. All of these fugitive dust mitigation measures shall be shown on grading and building plans; and f. The contractor or builder shall designate a person or persons to monitor the fugitive dust emissions and enhance the implementation of the measures as necessary to minimize dust complaints, reduce visible emissions below 20% opacity, and to prevent transport of dust offsite. Their duties shall include holidays and weekend periods when work may not be in progress. BP PS/BS Mitigation Measure 3.b.2: The project shall be conditioned to comply with all applicable APCD regulations pertaining to Naturally Occurring Asbestos (NOA). Prior to any grading activities a geologic evaluation should be conducted to determine if NOA is present BP PS/BS City of Atascadero Resolution No. 2016-011 Exhibits Conditions of Approval / Mitigation Monitoring Program Halcon Residential Planned Development – The Groves Planned Development (PD-33) Master Plan of Development Timing FM: Final Map GP: Grading Permit BP: Building Permit 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. within the area that will be disturbed. If NOA is not present, and exemptions request must be filed with the District. If NOA is found at the site, the applicant must comply with all requirements outlined in the Asbestos ATCM. This may include development of an Asbestos Dust Mitigation Plan and an Asbestos Health and Safety program for approval by the APCD. Technical Appendix 4.4 of the SLO County APCD CEQA Air Quality Handbook includes a map of zones throughout San Luis Obispo County where NOA has been found and geological evaluation is required prior to any grading. Mitigation Measure 4.a.1: A qualified biologist shall conduct a pre- construction survey within 30 days of initial site disturbance to identify whether silvery legless lizards are present. If silvery legless lizards are detected, a biological monitor shall be present during initial ground disturbing and vegetation removal activities to allow for a salvage and relocation effort for the lizard and other ground dwelling common wildlife that may be present. BP PS Mitigation Measure 4.a.2: A qualified biologist shall conduct a pre - construction survey within 30 days of initial site disturbance to identify whether American badger are present. If American badger or their dens are detected during the survey, the location of the den shall be mapped, the biologist shall monitor the den for three days if it is within 50ft of proposed blueprints. If the den is deemed inactive it shall be destroyed if the den is active the biologist will continue monitoring its status till the den becomes inactive s o it can be destroyed, during that time all development activities shall respect a 50ft buffer or exclusion zone around the den. BP PS Mitigation Measure 4.a.3: Conduct a springtime rare plant survey to determine the presence/absence of any special-status plants. Should any be discovered, implement a seed and/or plant salvage program and incorporate the salvaged material into the drainage setback and detention basin landscaped areas. BP PS Mitigation Measure 4. d.1: Vegetation removal and initial site disturbance shall be conducted between September 1 and January 31 outside of the nesting season for birds. If vegetation and/or tree removal is planned for the bird nesting season, then preconstruction nesting bird survey, prepared by a qualified biologist, shall be required to determine if any active nests would be impacted by project construction. If no active nests are found, then no further mitigation shall be required. If any active nests are found that would be impacted by construction, then the nest sites shall be avoided with the establishment of a non-disturbance buffer zone around active nests as determined by a qualified biologist. Nest sites shall be avoided and protected with the non-disturbance buffer zone until BP PS City of Atascadero Resolution No. 2016-011 Exhibits Conditions of Approval / Mitigation Monitoring Program Halcon Residential Planned Development – The Groves Planned Development (PD-33) Master Plan of Development Timing FM: Final Map GP: Grading Permit BP: Building Permit 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. the adults and young of the year are no longer reliant on the nest site for survival as determined by a qualified biologist. As such, avoiding disturbance or taking of an active nest would reduce potential impacts on nesting birds to a less-than-significant level. Mitigation Measure 4.e.1: Grading and excavation activities shall be consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: 1. During grading activities an arborist must be present. 2. All existing trees outside of the limits of work shall remain. 3. Earthwork shall not exceed the limits of the project area. 4. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 5. Vehicles and stockpiled material shall be stored outside the drip line of all trees. 6. 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. 7. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. 8. 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. 9. Where a building is placed within the canopy of a tree the foundation should be redesigned so that it bridges across any root systems. 10. Any foundation or other structure that encroaches within the drip line of trees to be saved shall be dug by hand. 11. At no time shall tree roots be ripped with construction equipment. BP PS/ BS Mitigation Measure 4.e.2: Tree protection fencing shall be installed at the locations called out in the Tree Protection Plan. An inspection of the tree fencing shall be done by City staff prior to issuance of building permits. BP PS/ BS Mitigation Measure 4.e.3: The following measure shall be incorporated on-site during the construction process of the proposed project: 1. A minimum height construction protective barrier shall be erected around the drip line of the tree plus 4’. The fence shall be supported with “T” posts at no more than 6’ o.c. and tied at least 3 places per post. This fence shall be installed by the General Contractor before any rough grading is allowed on the site. Approval for this stage must BP PS/ BS City of Atascadero Resolution No. 2016-011 Exhibits Conditions of Approval / Mitigation Monitoring Program Halcon Residential Planned Development – The Groves Planned Development (PD-33) Master Plan of Development Timing FM: Final Map GP: Grading Permit BP: Building Permit TO: Temporary Occupancy FI: Final inspection FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Water Comp. be obtained in writing from either the Arborist or the Counties/Cities representative. 2. Earthwork shall not exceed the limits of the project area. 3. Low branches in danger of being torn during construction process shall be pruned prior to any heavy equipment work being undertaken. 4. Once the rough grading is accomplished the fence may be moved closer to the trunk of the tree for finish grading. At no time shall the fence be placed within the Critical Root Zone (CRZ). This location is determined by the diameter of the trunk at Diameter Breast Height (DBH). (4.5’ above grade) and is 1’ per 1” diameter in the direction of the drip line. At no time shall the fence be moved closer to the trunk than the drip line, unless additional preservation measures are implemented as recommended by the project arborist. 5. Any roots that are encountered over 2” diameter, during the excavation process shall be clean cut perpendicular to the direction of root growth with a handsaw. At no time shall tree seal be applied to any cut. Any roots over 2” diameter the county/city representative shall be notified to determine the preferred course of action. 6. All trenching with CRZ area shall require hand trenching to preserve and protect roots over 2” in diameter. 7. No grading of trenching is allowed within the CRZ fenced area without written permission from the County/City representative or a certified arborist. 8. Any roots over 4” in diameter are not to be cut or ripped until inspected and approved in writing by the arborist. 9. If, for whatever reason, work must be accomplished inside the drip line 4”-6” of mulch must be applied first to decrease the possibilities of compaction upon written approval from the arborist. 10. There shall be a pre-construction meeting between the Engineering/Planning staff of the County/City, Grading equipment operators, Project Superintendent and the Arborist to review the project conditions and requirements prior to any grubbing or earth work for any portions of the project site. All tree protection fencing shall be installed for inspection prior to this meeting. 11. All trees shall be pruned before any construction takes place that are in the development areas to be saved if they might be damaged by the City of Atascadero Resolution No. 2016-011 Exhibits Conditions of Approval / Mitigation Monitoring Program Halcon Residential Planned Development – The Groves Planned Development (PD-33) Master Plan of Development Timing FM: Final Map GP: Grading Permit BP: Building Permit 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. construction equipment. This must be accomplished by a bonded, licensed, and certified Tree Service Contractor. 12. All debris shall be cleared from the area or chipped and spread on the site or stacked in orderly piles for future use by the Owner, at the Owners request. 13. In locations where paving is to occur within the drip line grub only and do not compact unless authorized in writing. Permeable pavers or other preamble surface must be approved by the Arborist. Mitigation Measure 4.e.4: Upon project completion and prior to final occupancy a final status report shall be prepared by the project arborist certifying that the tree protection plan was implemented, the trees designated for protection were protected during construction, and the construction-related tree protection measures are no longer required for tree protection. FO PS/ Mitigation Measure 4.e.5: All utilities shall remain outside the drip lines of native trees, unless preservation measures, as specified by the project arborist, are implemented. BP PS/ BS Mitigation 5.a.b.c.1: An archaeological monitor shall be present during initial vegetation clearing, site “grubbing, and grading for all portions of the project. GP PS Mitigation 5.d.1: In the event that human remains are discovered on the property, all work on the project shall stop and the Atascadero Police Department and the County Coroner shall be contacted. The Atascadero Community Development Department shall be notified. If the human remains are identified as being Native American, the California Native American Heritage Commission (NAHC) shall be contacted at (916) 653-4082 within 24 hours. A representative from both the Chumash Tribe and the Salinan Tribe shall be notified and present during the excavation of any remains. BP / GP PS Mitigation Measure 6.b.1: The on-site subdivision / grading permit plans shall include erosion control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction, consistent with mitigation or construction methods outlined in the geotechnical report. Plans shall be approved by the City Engineer prior to issuance. GP PS/CE City of Atascadero Resolution No. 2016-011 Exhibits Conditions of Approval / Mitigation Monitoring Program Halcon Residential Planned Development – The Groves Planned Development (PD-33) Master Plan of Development Timing FM: Final Map GP: Grading Permit BP: Building Permit 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 6.b.2: All cut and fill slopes mitigated with an appropriate erosion control method (erosion control blanket, hydro - mulch, or straw mulch appropriately anchored) immediately after completion of earthwork, as approved by the City Engineer. All disturbed slopes shall have appropriate erosion control methods in place. GP PS/CE Mitigation Measure 6.b.3: The contractor will be responsible for the clean-up of any mud or debris that is tracked onto public streets by construction vehicles. An approved device must be in place prior to commencement of grading activities. This device shall be approved by the City Engineer. GP PS/CE Mitigation Measure 6.b.4: A re-vegetation plan shall be submitted with building permits. All disturbed cut and fill slopes shall be vegetated as specified in a landscaping plan. The landscaping plan must be approved by both the Community Development Department and the Public Works Department. GP PS/CE Mitigation Measure 8.h.1: All new construction will comply with section the California Building and Fire Codes. New residences in the City are required to install fire sprinklers. Fire protection measures shall include the use of non-combustible exterior construction and roofs and fire-resistant building materials. BP FD Mitigation Measure 9.d.e.f.1: The project shall integrate Low Impact Development Best Management Practice’s into the project design which may include on-site detention and/or retention basins, pervious paving, and vegetated swales. The detention basins must meet the City’s drainage design standards with surface runoff being treated for water quality through structural control measures including: disconnected downspouts flowing to vegetated bio- swales, and pervious pavement and/or landscape areas to control storm volume. All drainage control features shall be subject to the approval of the City Engineer. GP PS/CE Mitigation Measure 9.d.e.f.2: The developer shall ensure 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. GP PS/CE Mitigation Measure12.a.1: Private yard outdoor activity spaces for each residential parcel adjacent to Viejo Camino and Halcon Rd BP PS/BP City of Atascadero Resolution No. 2016-011 Exhibits Conditions of Approval / Mitigation Monitoring Program Halcon Residential Planned Development – The Groves Planned Development (PD-33) Master Plan of Development Timing FM: Final Map GP: Grading Permit BP: Building Permit 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. where outdoor noise levels exceed City standards shall be located where the building provides acoustical screening opportunities. If no such areas exist within the design of the structure on the site, private outdoor use areas shall be enclosed by a 6-foot high solid wall. Mitigation Measure 12.a.2: Windows on facades adjacent to Halcon and Viejo Camino Road shall include additional sound attenuation features such as dissimilar glass or other methods aimed at reducing sound transmission beyond the standard dual pane requirements. BP PS/BP Mitigation Measure: 14: Prior to final map recordation, the applicant shall annex into the City’s Community Facilities District (CFD) to off- set additional costs associated with the provision of additional police, fire, and park services. FM PS/BP Mitigation Measure 16.a.b.1: In addition to the City’s Development Impact Fees, each new residential unit shall pay towards its fair share of the US 101 / Santa Barbara interchange improvements. The project may be eligible for TIF fee credits for Citywide development impact fees associated with the interchange improvements. Any TIF credit shall be approved by the City Engineer. BP PS/CE Mitigation Measure 16.d.1: Access for parcels abutting Halcon Rd shall be consolidated and shall be designed as private roads meeting City road standards. Driveways to individual parcels with existing residences may be approved by the City Engineer in locations where consolidated access cannot be utilized due to parcel locations. All access roads and driveways shall be evaluated at the time of tentative map submittal and/or improvement permits for sight distance. FM PS/CE/FD Mitigation Measure 6.f.1: In addition to an on-street bike lane, a multi-use path shall be provided along Viejo Camino and Halcon Roads consistent with the adopted City bike and trail Master Plan and the SLOCOG Salinas River Trail Plan. FM PS Mitigation Measure 17.d.1: Landscaping plans shall be submitted to the Community Development Department for review and approval. Landscaping must consist of drought tolerant species and utilize drip irrigation. Turf shall not be permitted as a part of the approved landscaping plan. BP PS City of Atascadero Resolution No. 2016-011 Exhibits EXHIBIT B: Master Plan of Development / Site Plan City of Atascadero Resolution No. 2016-011 Exhibits EXHIBIT C: Landscape Plan City of Atascadero Resolution No. 2016-011 Exhibits EXHIBIT C: Landscape Plan City of Atascadero Resolution No. 2016-011 Exhibits EXHIBIT D: Elevations / Floor Plan City of Atascadero Resolution No. 2016-011 Exhibits EXHIBIT D: Elevations / Floor Plan City of Atascadero Resolution No. 2016-011 Exhibits EXHIBIT D: Elevations / Floor Plan City of Atascadero Resolution No. 2016-011 Exhibits EXHIBIT D: Elevations / Floor Plan City of Atascadero Resolution No. 2016-011 Exhibits EXHIBIT D: Elevations / Floor Plan City of Atascadero Resolution No. 2016-011 Exhibits EXHIBIT D: Elevations / Floor Plan City of Atascadero Resolution No. 2016-011 Exhibits EXHIBIT D: Elevations / Floor Plan City of Atascadero Resolution No. 2016-011 Exhibits EXHIBIT E: Grading and Drainage Plan City of Atascadero Resolution No. 2016-011 Exhibits EXHIBIT F: Utility Plan City of Atascadero Resolution No. 2016-011 Exhibits EXHIBIT G: Noise Analysis Diagram Area of db exceedance