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HomeMy WebLinkAboutPC Resolution 2017-0016Exhibit A Conditions of Approval City of Atascadero PLN 2015-1556 HARTBERG PLANNED DEVELOPMENT 10805 EL CAMINO REAL PARENT APN 045-351-008 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 RECORDATION OF A FINAL MAP, or at the time specified in the condition. 1. All Conditions, no matter what timing is specified in the above header, shall be completed that are attached as Conditions of Approval in City Council Resolution 2017- X to final Vesting Tentative Subdivision Map for Tract 3099. ☐ PLN B. The following conditions shall be satisfied prior to the issuance of the first of any DEMOLITION PERMIT, BUILDING PERMIT S, SUBDIVISION IMPROVEMENTS, or at the time specified in the condition. 2. Vesting Tentative Subdivision Map for all lots proposed in Tract 3099 was deemed complete on May 25, 2017, for the purposes of vested development rights and fees consistent with the Subdivision Map Act of the State of California. ☐ PLN 3. Approval of this permit shall include the removal of two (2) Native Oak Trees, totaling 17-inches dbh. The applicant shall replant 11 five-gallon native trees (or box tree equivalent), or pay in fee $566.67 into the native tree fund, or provide a combination of fees or plantings. If re-planting on-site, native tree re-plantings shall be called out in landscaping plan. ☐ PLN 4. A 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 must include the following:  All exterior meters, trash storage areas, air conditioning units and mechanical equipment shall be screened with landscape material and/or architecturally compatible enclosures.  24-Inch box London Planes Trees shall be provided along El Camino Real at a maximum spacing of 30 feet on center. Groupings of additional accent trees may be allowed to accommodate sight-distance, topographical features, subject to the approval of the Community Development Director and City Engineer. ☐ PLN 5. All project fencing shall be installed consistent with EXHIBIT C and details must be submitted and approved as a part of landscaping plan.  Provide color and materials for staff approval of stucco stone wall and wall cap along El Camino Real.  Provide color and materials for stacked stone wall base as shown in Exhibit E. ☐ PLN 6. Applications for building permits for structures on specific lots or parcels within the ☐ PLN subdivision shall not be accepted by the City until the public improvement plans are approved, subdivision improvements are bonded for (as appropriate), and the Final Map has recorded. Building plans for stock plans (not associated with a specific lot or parcel) may be accepted for review, as determined by the Chief Building Official and/or Community Development Director 7. Fire hydrant locations shall be to the satisfaction of the City Fire Marshall. ☐ FD 8. Properties and/or areas that are managed or owned by the HOA shall be metered separately. ☐ PWD 9. Rear sound wall directly adjacent to Highway 101 shall be landscaped with drought tolerant vines such as Carolina jasmine, lady banks rose, or silver lace vine. Plantings shall be irrigated. ☐ PLN C. The following conditions shall IMPLEMENTED DURING THE CONSTRUCTION PHASE OF THE PROJECT. 10. All site work, grading, and site improvements shall be in substantial conformance with the Master Plan of Development as shown in any of the enclosed exhibits. ☐ PLN 11. Native tree protection shall be installed and up at all times during construct ion related activities per the Tree Protection Plan. ☐ PLN D. 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 is to be installed at each individual lot and sound wall prior to final inspection. ☐ PLN E. The following conditions shall be complied with AT ALL TIMES that the use permitted by this planning application occupies the premise, and 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. ☐ PLN 14. Approval of this entitlement shall be final and effective consistent with Atascadero Municipal Code (AMC) section 9-1.111 seq. et. al. ☐ PLN 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). ☐ PLN 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. ☐ PLN 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 ☐ CM defense of any such action, but such participation shall not relieve applicant of his/her obligations under this condition. 18. Should the described use be abandoned or extinguished, the property may be used and / or developed with any use allowed by the underlying zoning district. ☐ PLN 19. 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. ☐ PWD F. The following are mitigation measures that mitigate adverse environmental effects identified in the prepared Environmental Document. Any change in these measures may affect the validity of the adopted Environmental Document, and a new or amended Environmental Document may be required. MITIGATION MEASURE TIMING Aesthetics AES-1 At the time of building permit submittal of the proposed project, applicant must submit a photometric plan showing locations of proposed on-site lighting. Prior to final occupancy, City Staff and the applicant shall meet on-site and review lights at dusk condition to ensure off-site light spillage and glare. Building Permit Submittal AES-2 Any luminaire pole height shall not exceed 14-feet in height to minimize off-site light spillage for consistency with the Atascadero Municipal Code. Building Permit Submittal AES-3 Limit intensity to up to 3.0 foot candles at ingress /egress, and otherwise 0.6 foot candle minimum to 1.0 maximum in parking areas and/or for street lighting, bollards, etc. Building Permit Submittal Air Quality AQ-1 The proposed project must comply with all standard mitigation measures for construction equipment (Table 2.1, SLOAPCD Air Quality Handbook, April 2012) established by the San Luis Obispo Air Pollution Control District (SLOAPCD) pertaining to construction impacts to reduce the proposed project to thresholds considered less than significant by the district. During Construction AQ-2 Prior to issuance of a Demo Permit for the existing single family residence, the project applicant shall perform the following: 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 Prior to Building Permit Issuance MITIGATION MEASURE TIMING 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. AQ-3 To help reduce sensitive receptor emissions impact of diesel vehicles and equipment used to construct the project, the applicant shall implement the following idling control techniques: 1. California Diesel Idling Regulations a. 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. It applies to California and non-California based vehicles. In general, the regulation specifies that drivers of said vehicles: 1. 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, 2. 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. b. Off-road diesel equipment shall comply with the 5- minute idling restriction identified in Section 2449(d)(2) of the California Air Resources Board’s In-Use Off- Road Diesel regulation. c. 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. d. The specific requirements and exceptions in the regulations can be reviewed at the following web sites: www.arb.ca.gov/msprog/truck-idling/2485.pdf and www.arb.ca.gov/regact/2007/ordiesl07/frooal.pdf. 2. Diesel Idling Restrictions Near Sensitive Receptors including adjacent residential uses to the proposed project, and the Chalk Mountain School: In 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: a. Staging and queuing areas shall not be located within 1,000 feet of sensitive receptors; b. Diesel idling within 1,000 feet of sensitive receptors During Construction MITIGATION MEASURE TIMING shall not be permitted; c. Use of alternative fueled equipment is recommended; and d. Signs that specify the no idling areas must be posted and enforced at the site. AQ-4 Proposed project construction activities can generate fugitive dust, which could be a nuisance to local residents and businesses in close proximity to the proposed construction site. The following measures shall be incorporated into the project to control dust: a. Reduce the amount of the disturbed area where possible; b. Use water trucks, APCD approved dust suppressants (see Section 4.3 in the CEQA Air Quality Handbook), or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site and from exceeding the District’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 conditions, the contractor or builder shall consider the use of an APCD-approved dust suppressant 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. 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, soil binders or other dust controls 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, and reduce visible emissions below 20% opacity. Their duties shall include holidays and weekend periods when work may not be in progress. During Construction MITIGATION MEASURE TIMING AQ-5 Naturally occurring asbestos (NOA) has been identified by the California Air Resources Board as a toxic air contaminant. Serpentine and ultramafic rocks are very common throughout California and may contain naturally occurring asbestos. The SLO County APCD has identified areas throughout the county where NOA may be present (see the APCD’s 2012 CEQA Handbook, Technical Appendix 4.4). If the project site is located in a candidate area for Naturally Occurring Asbestos (NOA), the following requirements apply. Under the ARB Air Toxics Control Measure (ATCM) for Construction, Grading, Quarrying, and Surface Mining Operations (93105), prior to any construction activities at the site, the project proponent shall ensure that a geologic evaluation is conducted to determine if the area disturbed is exempt from the regulation. An exemption request must be filed with the APCD. If the site is not exempt from the requirements of the regulation, 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. More information on NOA can be found at slocleanair.org/business/asbestos.php Prior to issuance of Building Permit Biological Resources BIO-1 A Nesting Bird Survey by a qualified biologist will be required prior to the commencement of any tree removals, or grading activities, whichever occurs first. Prior to issuance of permits. Cultural Resources CR-1 Prior to issuance of building permits for demolition of the existing Colony house on-site, the applicant shall work with either their retained consultant or the Atascadero Historical Society to document the house and any artifacts that may be removed. Prior to issuance of grading permit CR-2 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. During Construction Noise NOI-1 A six (6) foot noise attenuation wall will be required on the westerly portion of the site facing US Highway 101. The wall shall be well articulated and incorporate landscaping and color elements that are consistent with the proposed development. Prior to issuance of subdivision improvement. MITIGATION MEASURE TIMING NOI-2 Vents and roof penetrations. Soffit vents, eave vents, dormer vents and other wall and roof penetrations shall be on the walls and roofs facing away from the noise source wherever possible. Prior to issuance of permits. NOI-3 The walls of habitable spaces on second floors of dwelling units nearest the noise source shall have wall construction with an S.T.C. (Sound Transmission Class) rating of 30 or greater. For instance, stucco exterior or equivalent on 2” x 4” stud walls with minimum R-13 batt insulation and two layers of ½” gypsum board on the interior will provide an S.T.C. rating of 30 or greater along these walls. Prior to issuance of permits. NOI-4 Common acoustic leaks, such as electrical outlets, pipes, vents, ducts, flues, and other breaks in the integrity of the wall, ceiling or roof construction on the side of the dwellings nearest transportation noise source, shall receive special attention during construction. All construction openings and joints on the walls on the noise facing side of the site shall be insulated, sealed and caulked with a resilient, non-hardening, acoustical caulking material. All such openings and joints shall be airtight to maintain sound isolation. Prior to issuance of permits. NOI-5 To meet the interior LDN 45 dBA requirements, windows for habitable spaces on the second floor of affected units (shown in following figures) facing the noise source shall be of double- glazed construction with one light of laminated glass, and installed in accordance with the recommendations of the manufacturer. The windows shall have full gaskets, with an S.T.C. rating of 30 or better, as determined in testing by an accredited acoustical laboratory. Prior to issuance of permits. Transportation & Traffic TP-1 A review of traffic signal phasing should be completed at the intersection of El Camino Real/Santa Barbara Road to determine if protected left turn phasing for the eastbound and westbound approaches would potentially reduce conflicts between vehicles. Prior to final of the first residential unit. TP-2 Since the project would contribute minor traffic volumes towards already excessive queues at the Santa Rosa Road interchange, the project must contribute towards the City’s Traffic Impact Fee program which includes future improvements at the Santa Rosa Road interchange. The impact fee is based on the type of residential unit constructed and is due at the time of building permit issuance. Prior to issuance of permits. TP-3 The applicant must install sidewalks along the project frontage on the west side of El Camino Real. Prior to issuance of permits. MITIGATION MEASURE TIMING TP-4 The project driveway must be constructed at the same elevation as El Camino Real for a minimum length of one vehicle, or longer, if determined necessary by the City Engineer Prior to issuance of permits. TP-5 Landscaping along the project frontage must be low laying and set back so as not to obstruct sight lines along the project frontage Prior to issuance of permits. Utilities Services UT-1 The proposed project must pay all applicable sewer connection fees at the time of building permit issuance. Prior to issuance of permits. UT-2 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 issuance of permits. UT-3 The applicant shall be responsible for providing interim improvements at the Wastewater Reclamation Facility to handle flows and loading from the proposed project, prior to the issuance of a building permit. The applicant shall either construct, or pay its proportional fair share for any upgrades, either permanent or interim, that provide sufficient capacity to serve the proposed project. Prior to issuance of permits. Tribal Cultural Resources TCR-1 Prior to the issuance of a building permit for subdivision improvements, the applicant shall contract with a qualified archeological consultant to perform a visual survey for a pre- historic surface survey for native American and cultural artifacts. Prior to issuance of permits. TCR-2 During grading activities, if any cultural resources are unearthed throughout the duration of the proposed project, all grading activities shall cease, and the applicant shall contact the City of Atascadero Staff. City Staff shall than contact all local native American tribes to determine the extent of additional tribal monitoring for remaining grading activities. Grading activities may resume upon agreeance of monitoring. During Construction **END CONDITIONS** EXHIBIT B: MASTER PLAN OF DEVELOPMENT / SITE PLAN EXHIBIT C: LANDSCAPE PLAN EXHIBIT C– LANDSCAPE PLAN WALLS / FENCES EXHIBIT D: ELEVATIONS / FLOOR PLAN Cottages – See Project File EXHIBIT D: ELEVATIONS / FLOOR PLAN Cottages – See Project File EXHIBIT D: ELEVATIONS / FLOOR PLAN Cottages – See Project File EXHIBIT D: ELEVATIONS / FLOOR PLAN Cottages – See Project File EXHIBIT D: ELEVATIONS / FLOOR PLAN Cottages – See Project File EXHIBIT D: ELEVATIONS / FLOOR PLAN Townhouses – See File EXHIBIT D: ELEVATIONS / FLOOR PLAN Townhouses – See File EXHIBIT D: ELEVATIONS / FLOOR PLAN Townhouses – See File EXHIBIT D: ELEVATIONS / FLOOR PLAN Townhouses – See File EXHIBIT D: ELEVATIONS / FLOOR PLAN Senior Housing Facility – See File EXHIBIT D: ELEVATIONS / FLOOR PLAN Senior Housing Facility – See File EXHIBIT E: COLOR AND MATERIALS BOARD See File For Full Size Copies Cottages Townhomes Senior Living EXHIBIT F: UTILITY PLAN See File EXHIBIT G – GRADING AND DRAINAGE See Project File