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HomeMy WebLinkAboutPC Resolution 2017-0013 EXHIBIT A Conditions of Approval PLN 2015-1556 MORRO RD / EL CAMINO REAL CAMMERCIAL DEVELOPMENT 6990 EL CAMINO REAL APN 030-211-038 The following conditions of approval apply to the project referenced above. The conditions of approval are grouped under specific headings that relate to the timing of required compliance. Additional language within a condition may further define the timing of the required compliance. A. The following conditions shall be satisfied prior to the issuance of the first of any DEMOLITION PERMIT, BUILDING PERMIT, SUBDIVISION IMPROVEMENT, or at the time specified in the condition. 1. All site work, grading, and site im provements shall be in substantial conformance with the enclosed exhibits. 2. Approval of this permit shall be for a setback variance request for a 3,755 square -foot commercial building and associated site improvements within the downtown. Approval includes the removal of existing native trees. 3. All mitigation measures made part of the Mitigated Negative Declaration prepared for the project and included in Exhibit B shall be implemented as prescribed. 4. All facade treatments shall be of high quality. Brick shall be incorporated into the building façade as shown in EXHIBIT D. Stucco shall be smooth finish and all colors shall be approved by the Community Development Department in conjunction with the building permit submittal. 5. A final landscape plan will be submitted with the building permit submittal. Street trees shall be provided in accordance with City standards. 6. Downtown streetscape elements shall be installed along the project frontage(s), subject to the approval of the City Engineer. 7. Fencing between the proposed commercial development and the adjacent parcel shall be removed to allow pedestrian movement between the adjacent sites, to the extent feasible. 8. All trash enclosures, mechanical equipment, and site utility boxes shall be screened from public view. Roof parapets shall extend above the height of all roof -mounted equipment, subject to the approval of the Community Development Director. 9. The trash enclosure and ATM kiosk shall incorporate materials consistent with the main building. The ATM shall be designed to be as small as possible so as not to distract from the main building and patio space. 10. The applicant shall work with staff on enhanced lighting to accent architectural building features and/or signage. 11. The applicant shall dedicate an easement to the City at the corner of El Camino Real and Morro Rd for future wayfinding/community identification sign and shall work with the City on design of a planter area that can accommodate future City signage installation activities. B. The following conditions shall be met prior to the RELEASE OF UTILITIES, FINAL INSPECTION, OR ISSUANCE OF A CERTIFICATE OF OCCUPANCY, whichever occurs first. 12. All landscaping and streetscape improvements are to be installed prior to final inspection C. The following conditions shall be applied to the project IN PERPETUITY until such time that the use is extinguished. 13. The entitlement described at the location per this resolution is determined to be vested with the property upon issuance of a building permit. 14. Approval of this entitlement shall be final and effective consistent with Atascadero Municipal Code (AMC) section 9-1.111 seq. et. al. 15. Project construction must be in accordance with provided Exhibit(s), adopted with this Resolution. Changes to architecture, landscaping design, and non -substantive subdivision design may be approved by the Design Review Committee (DRC). 16. In accordance with the Atascadero Municipal Code section 9-8.105, any violation of any of the conditions of approval is unlawful and may be cause for revocation of this entitlement and subject the applicant and/or future property owners to the penalties set forth in the Atascadero Municipal Code, as well as any other available legal remedies. 17. The applicant shall agree to indemnify and defend at his/her sole expense any action brought against the City, its present or former agents, officers, or employees because of the issuance of this approval, or in any way relating to the implementation thereof, or in the alternative, to relinquish such approval. The applicant shall reimburse the City, its agents, officers, or employees, for any court costs and attorney's fees which the City, its agents, officers or employees may be required by a court to pay as a result of such action. The City may, at its sole discretion, participate at its own expense in the defense of any such action but such participation shall not relieve applicant of his/her obligations under this condition. 18. Discharges to the public storm drain system are subject to review under the City’s MS4 State Permit and the boundaries established by the Regional Water Quality Control Board for discharges to waters of the United States. Illicit discharges shall not be approved and shall be eliminated where known to exist or are identified. Certain non- storm water discharges may not be considered illicit where it can be shown that these waters are not contaminated. Uncontaminated spring water, pumped ground water, and water from crawl space pumps are not considered illicit discharges and are therefore not prohibited from discharging to the storm drain system. The applicant shall provide verification to the satisfaction of the City Engineer that the proposed discharge waters are not contaminated. EXHIBIT B Mitigation Monitoring Program Per Public Resources Code § 21081.6, the following measures also constitute the mitigation monitoring and/or reporting program that will reduce potentially significant impacts to less than significant levels. The measures will become Conditions of Approval (COAs) should the project be approved. The City of Atascadero, as the Lead Agency, or other responsible agencies, as specified, is responsible to verify compliance with these COAs. MITIGATION MEASURE TIMING Aesthetics AES-1 The landscaping at the intersection of El Camino Real and Highway 41 shall include a minimum of 1 specimen tree to be a minimum of 12-feet in height at the time of installation. Native shrubs and grasses shall be installed within the corner planter. Prior to Building Permit Final AES-2 Street trees shall be provided along the El Camino Real and Highway 41 frontage at a maximum spacing of 30-feet on center. Native grasses or similar shall be installed to provide visual screening of the parking stalls from the sidewalk. Prior to Building Permit Final AES-3 All site and building lighting shall be full-cut-off and shielded. Up lights shall be permitted for landscape features and building accents providing that the light source is shielded from pedestrian and traffic use areas. Prior to Building Permit Final Air Quality AQ-1 Dust Control Measures. The project will not likely exceed the APCD’s CEQA significance threshold for construction phase emissions. However, construction activities can generate fugitive dust, which could be a nuisance to local residents and businesses in close proximity to the proposed construction site. Therefore, the following measures shall be implemented during the construction phase of the project to manage fugitive dust emissions such that they do not exceed the APCD 20% opacity limit (APCD Rule 401) and minimize nuisance impacts: 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 and from exceeding the APCD'S limit of 20% opacity for greater than 3 minutes in any 60-minute period. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non-potable) water should be used whenever possible. Please note that since water use is a concern due to drought, suppressant should be used where feasible to reduce the amount of water used for dust control. For a list of suppressants, see Section 4.3 of the CEQA Air Quality Handbook; c. All dirt stock pile areas should be sprayed daily and covered with tarps or other dust barriers as needed; d. Permanent dust control measures identified in the approved During Construction MITIGATION MEASURE TIMING project revegetation and landscape plans should be implemented as soon as possible, following completion of any soil disturbing activities; e. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading should be sown with a fast germinating, non-invasive grass seed and watered until vegetation is established; f. All disturbed soil areas not subject to revegetation should be stabilized using approved chemical soil binders, jute netting, or other methods approved in advance by the APCD; g. All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as possible. ln 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 231 14; j. lnstall 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 shall be used with reclaimed water used where feasible. Roads shall be pre-wetted prior to sweeping when feasible; l. All PMro mitigation measures required should be shown on grading and building plans; and, m. 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 and reduce visible emissions below the APCD's limit of 20% opacity for greater than 3 minutes in any 60-minute period. Their duties shall include holidays and weekend periods when work may not be in progress. The name and telephone number of such persons shall be provided to the APCD Compliance Division prior to the start of any grading, earthwork or demolition. AQ-2 Hydrocarbon Contaminated Soil. Should contaminated soil be discovered, an APCD permit shall be required to address proper management of the hydrocarbon contaminated soil prior to the start of any earthwork. This permit shall include conditions to minimize emissions from any excavation, disposal or related process. To the extent feasible, the developer shall contact the APCD Engineering & Compliance Division at 781-5912 within 120 days before the start of excavation to begin the permitting process. In addition, the air quality impacts from the excavation and haul trips associated with removing the contaminated soil must be evaluated and mitigated if total emissions exceed the APCD’s construction phase thresholds. Should no contaminated soils be located during excavation, the Prior to permit issuance for any site work MITIGATION MEASURE TIMING developer shall notify APCD and the City and provide all documentation certifying this finding to both agencies. AQ-3 Demolition / Asbestos. Demolition activities can have potential negative air quality impacts, including issues surrounding proper handling, abatement, and disposal of asbestos containing material (ACM). Asbestos containing materials could be encountered during the disturbance, demolition, or relocation of below ground utility pipes/pipelines (e.g., transite pipes or insulation on pipes). If this project will include any of these activities, then it may be subject to various regulatory jurisdictions, including the requirements stipulated in the National Emission Standard for Hazardous Air Pollutants (40CFR61, Subpart M - asbestos NESHAP). These requirements include, but are not limited to: 1) written notification, within at least 10 business days of activities commencing, to the APCD, 2) asbestos survey conducted by a Certified Asbestos Consultant, and, 3) applicable removal and disposal requirements of identified ACM. Please contact the APCD Engineering & Compliance Division at (805) 781-5912 for further information or go to slocleanair.org/rules-regulations/asbestos.php for further information. To obtain a Notification of Demolition and Renovation form go to the “Other Forms” section of slocleanair.org/library/download-forms.php. During site grading AQ-4 Portable equipment, 50 horsepower (hp) or greater, used during construction activities may require California statewide portable equipment registration (issued by the California Air Resources Board) or an APCD permit. The following list is provided as a guide to equipment and operations that may have permitting requirements, but should not be viewed as exclusive. For a more detailed listing, refer to the Technical Appendices, page 4-4, in the APCD's 2012 CEQA Handbook.  Power screens, conveyors, diesel engines, and/or crushers;  Portable generators and equipment with engines that are 50 hp or greater;  Electrical generation plants or the use of standby generator;  lnternal combustion engines;  Rock and pavement crushing;  Unconfined abrasive blasting operations;  Tub grinders;  Trommel screens; and,  Portable plants (e.g. aggregate plant, asphalt batch plant, concrete batch plant, etc.) During Construction AQ-5 Construction Phase ldling Limitations This project is in close proximity to nearby sensitive receptors (residential dwellings). Projects that will have diesel powered construction activity in close proximity to any sensitive receptor shall implement the following mitigation measures to ensure that public health benefits are realized by reducing toxic risk from diesel emissions: During Construction MITIGATION MEASURE TIMING 1. California Diesel ldling Regulations: On-road diesel vehicles shall comply with Section 2485 of Title 13 of the California Code of Regulations. This regulation limits idling from diesel-fueled commercial motor vehicles with gross vehicular weight ratings of more than 10,000 pounds and licensed for operation on highways. lt applies to California and non-California based vehicles. Ln general, the regulation specifies that drivers of said vehicles:  Shall not idle the vehicle's primary diesel engine for greater than 5-minutes at any location, except as noted in Subsection (d) of the regulation; and,  Shall not operate a diesel-fueled auxiliary power system (APS) to power a heater, air conditioner, or any ancillary equipment on that vehicle during sleeping or resting in a sleeper berth for greater than 5.0 minutes at any location when within 1,000 feet of a restricted area, except as noted in Subsection (d) of the regulation. Off-road diesel equipment shall comply with the 5-minute idling restriction identified in Section 2449(dX2) of the California Air Resources Board's ln-Use Off-Road Diesel regulation. Signs must be posted in the designated queuing areas and job sites to remind drivers and operators of the State's 5-minute idling limit. The specific requirements and exceptions in the regulations can be reviewed at the following web sites: www.arb.ca.gov/msprog/truck- id ling/factsheet.pdf and www.arb.ca.govlrceact/2OO7/ordiesloT/frooal.pdf 2. ln addition to the State required diesel idling requirements, the project applicant shall comply with these more restrictive requirements to minimize impacts to nearby sensitive receptors:  Staging and queuing areas shall not be located within 1,000 feet of sensitive receptors;  Diesel idling within 1,000 feet of sensitive receptors shall not be permitted;  Use of alternative fueled equipment is recommended; and  Signs that specify the no idling areas must be posted and enforced at the site. AQ-6 Truck Routing Proposed truck routes should be evaluated and selected to ensure routing patterns have the least impact to residential dwellings and other sensitive receptors, such as schools, parks, day care centers, nursing homes, and hospitals. During Construction MITIGATION MEASURE TIMING lf the project has significant truck trips where hauling/truck trips are routine activity and operate in close proximity to sensitive receptors, toxic risk needs to be evaluated. Hazards and Hazardous Materials HAZ-1 An assessment of the soil conditions will be required to determine if any remediation is necessary. The applicant will work with the San Luis Obispo County Environmental Health department to determine what previous testing and reporting has occurred on-site and what testing is required prior to construction. Testing may include shallow soil and gas testing up to 10-feet and a soil vapor test. If any contaminated soils or noxious vapors are discovered, all requirements set forth by SLO County Environmental s hall be implemented. Prior to any site development Transportation & Traffic TP-1 Visual signs or striping shall be required to designate both driveways as right-turn only for exiting vehicles. Prior to Project Final Utilities Services UT-1 If the City Engineer determines there is insufficient capacity to accommodate the proposed project prior to building permit issuance, a building permit will not be issued by the City until sufficient capacity is obtained either through permanent plant upgrades or interim upgrades. Prior to building permit issuance These Mitigation Measures have been reviewed and approved by the Applicant. The signed agreement is on file at the City of Atascadero Community Development Department. EXHIBIT C Site Plan / Landscaping Plan EXHIBIT D Elevations and Renderings