HomeMy WebLinkAboutPC Resolution 2018-0009Exhibit A
Conditions of Approval
City of Atascadero
PLN 2017-1649
LA PLAZA REDEVELOPMENT
6500 EL CAMINO REAL
PARENT APN 030-193-001,003,017,016, 031,030,033
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.
1. Conditions of Approval in PC Resolution for Tentative Parcel Map AT 17-0088
shall be incorporated herein.
☐ PLN
2. For the purposes of development impact fee collection, impact fees shall be
based on the date of building permit submittal, consistent with the California
Subdivision Map Act.
☐ PLN
3. 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, with the exception of the proposed public plaza located within the
right-of-way of Atascadero Avenue (Mall), 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.
London Plane Sycamore or similar trees with a minimum size of 24
inch box shall be provided along El Camino Real at a maximum
spacing of 30 feet on center (tree variety may be adjusted upon
approval of Community Development Director). 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
4. The public plaza is expected to be a versatile park-like space that can be used
for events. The applicant shall work with the City on the final design of
proposed public plaza within the Atascadero Avenue (Mall). The draft and final
design shall be approved by the Community Development Director and shall
include the following provisions:
a. Design elements such as low decorative fencing to guide pedestrians
towards the signalized intersection
b. Removable fencing to allow maximum use of the roadway and the plaza
if the road is closed during events and happenings
c. Provisions to accommodate food trucks, electrical needs, lighting,
emergency access and other elements necessary for events and
happenings
☐ PLN
d. Landscaping as approved by the Public Works Director/Community
Development Director
e. The design shall not incorporate a curb, gutter or sharp grade change
between the roadway and plaza
f. The applicant may revise items a. – e. with the advance written approval
of the City Manager or designee thereof
5. Plaza improvements shall be completed prior to occupancy of Buildings A or
B.
6. Exterior finishes, including brick color shall be approved by the City
Community Development Department.
7. The portion of Atascadero Avenue (Mall) extending southwesterly from El
Camino Real that is to remain for vehicular access to the adjacent property
(gas station and auto services) shall be at least 20-feet wide and shall
terminate approximately 40 feet northeasterly of the entrance to the pedestrian
tunnel under State Rte 101, to the satisfaction of the Public Works Director.
The design and improvements of said vehicular access and the Public Plaza
area shall be to the approval of the Public Works Director and Community
Development Director. Public improvement plans prepared by a licensed civil
engineer are required to be approved by the Director of Public Works.
☐ PLN
8. Fire hydrant locations shall be to the satisfaction of the City Fire Marshall and
Public Works Director.
☐ FD
9. Properties and/or areas that are managed or owned by an Association, or
other such private entity shall be metered separately, as required by the Public
Works Director.
☐ PLN
10. Ground monument signage fronting El Camino Real shall be limited to a total
of (2) monument signs and shall be consistent with Sign standards shown in
Table 15-2 for ground monument signage with the following exceptions:
Maximum of six (6) feet in total height
Total of 60 square feet of signage allowed for each side
Ground monument signage may be permitted directly adjacent to the
back of sidewalk
Ground monument signage shall be located no closer than 200-feet
from each other
11. A total of four (4) Building Name signs shall be permitted within the
development with the name “La Plaza”. Size shall be proportional to wall
façade or placement on tower element.
12. A freeway oriented pylon sign shall be permitted on-site with the maximum
height of 75-feet. Additional height may be granted by the Design Review
Committee. Signage shall include the City’s Logo and “Downtown Atascadero”
on the faces of the sign. The City’s Logo and “Downtown Atascadero” shall not
count against the maximum signage area. Maximum signage area shall be
determined by the Community Development Director or their designee.
13. Maximum project density shall not exceed 42 dwelling units. Any additional
dwelling units shall be approved by the Planning Commission as a minor
conditional use permit or its equivalent.
14. Building heights shall not exceed the following:
45-Feet maximum for occupied spaces;
65-Feet maximum for un-occupied spaces.
Additional height exception may be granted by the Design Review Committee.
15. The El Camino Real pedestrian entry/exit doors serving the proposed
structures shall not swing into the public right-of-way more than one foot.
16. The proposed waterfall structure in front of Building A shall be located entirely
within the subject property and shall not encroach into the public right-of-way.
17. A disclosure shall be required for all residential tenants to inform them that the
property is within a commercial zoning district and will be exposed to noise
levels that will exceed levels found within a residential neighborhood.
18. Occupancy of commercial spaces are prioritized over the residential uses and
residential occupancy shall not preclude the operation, permitting, hours of
operation or land use allowed within the first floor commercial spaces.
19. The following land uses shall be prohibited on the ground floor:
a. Health Care Services
b. Offices
c. Government offices and facilities
20. 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
21. Native tree protection shall be installed and up at all times during construction
related activities per the tree protection plan.
☐ PLN
22. Pedestrian ramps on El Camino Real shall be constructed on each side of the
street type entrance between Buildings A and B.
23. The applicant shall relocate the (E) sewer main that extends under proposed
Building “B”, to the satisfaction of the City Engineer. An easement over the re-
routed sewer main shall be dedicated to the public, to the satisfaction of the
City Engineer.
24. Construction of the new driveway approach, northwesterly of Building A,
requires removal of the existing driveway approach serving the adjacent
northwesterly property. Vehicular access to this property shall be combined
with the subject property.
25. The applicant shall coordinate with the Regional Transit Authority regarding
the relocation and modification to the existing bus shelter and bus stop. Final
location shall be approved by the Regional Transit Authority and the City
Engineer.
26. Discharges to the public storm drain system are subject to review under the
City’s MS4 State Permit and the requirements 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.
27. All landscaping is to be installed prior to final inspection of development within
Parcel Map AT 17-0088.
☐ PLN
28. The entitlement described at the location per this resolution is determined to
be vested with the property upon issuance of a building permit.
☐ PLN
29. Approval of this entitlement shall be final and effective consistent with
Atascadero Municipal Code (AMC) section 9-1.111 seq. et. al.
☐ PLN
30. 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 Community
Development Director or the Design Review Committee (DRC).
☐ PLN
31. 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
32. 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.
☐ CM
33. 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
☐ PWD
A. 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-sight 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 are limited.
Prior to Building
Permit
Issuance
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.
Prior to Building
Permit
Issuance
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 to be reviewed at
the time of building final.
Prior to Building
Permit Final
Air Quality
AQ-1 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
demolition or remodeling of existing structures or the disturbance,
demolition, or relocation of above or below ground utility
pipes/pipelines (e.g., transit 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 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-
Prior to Building
Permit
Issuance
MITIGATION MEASURE TIMING
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-2 Based on the information provided, San Luis Obispo APCD is
unsure of the types of equipment that may be present during the
project’s construction phase. 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; and,
Electrical generation plants or the use of standby
generator;
Internal 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).
To minimize potential delays, prior to the start of the project,
please contact the APCD Engineering & Compliance Division at
(805) 781-5912 for specific information regarding permitting
requirements.
During
Construction
AQ-3 Effective February 25, 2000, the APCD prohibited developmental
burning of vegetative material within San Luis Obispo County. If
you have any questions regarding these requirements, contact
the APCD Engineering & Compliance Division at (805) 781-5912
During
Construction
AQ-4 Construction activities can generate fugitive dust, which could be
a nuisance to local residents and businesses in close proximity
to the proposed construction site. Projects with grading areas
that are greater than 4-acres or are within 1,000 feet of any
sensitive receptor shall implement the following mitigation
measures to manage fugitive dust emissions such that they do
not exceed the APCD’s 20% opacity limit (APCD Rule 401) or
prompt nuisance violations (APCD Rule 402):
During
Construction
MITIGATION MEASURE TIMING
a. Reduce the amount of the disturbed area where possible;
and,
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 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. Permanent dust control measures identified in the
approved 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. In addition,
building pads should be laid as soon as possible after
grading unless seeding or soil binders are used;
h. Vehicle speed for all construction vehicles shall not
exceed 15 mph on any unpaved surface at the
construction site;
i. All trucks hauling dirt, sand, soil, or other loose materials
are to be covered or should maintain at least two feet of
freeboard (minimum vertical distance between top of load
and top of trailer) in accordance with CVC Section 23114;
j. Track-Out” is defined as sand or soil that adheres to
and/or agglomerates on the exterior surfaces of motor
vehicles and/or equipment (including tires) that may then
fall onto any highway or street as described in California
Vehicle Code Section 23113 and California Water Code
13304. To prevent ‘track out’, designate access points
and require all employees, subcontractors, and others to
use them. Install and operate a ‘track-out prevention
device’ where vehicles enter and exit unpaved roads onto
MITIGATION MEASURE TIMING
paved streets. The ‘track-out prevention device’ can be
any device or combination of devices that are effective at
preventing track out, located at the point of intersection of
an unpaved area and a paved road. Rumble strips or
steel plate devices need periodic cleaning to be effective.
If paved roadways accumulate tracked out soils, the
track-out prevention device may need to be modified;
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 should be
used where feasible. Roads shall be pre-wetted prior to
sweeping when feasible;
l. All PM10 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, 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
Engineering & Compliance Division prior to the start of
any grading, earthwork or demolition.
AQ-5 This project is in close proximity to nearby sensitive receptors.
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:
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,
During
Construction
MITIGATION MEASURE TIMING
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.
AND/OR
2. Diesel Idling Restrictions Near Sensitive Receptors
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
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-6 Exterior architectural coasting shall be limited to Volatile Organic
Compound (VOC) of 50 grams per liter maximum to the extent
feasible.
During
Construction
AQ-7 Interior architectural coasting shall be limited to Volatile Organic
Compound (VOC) of 0 grams per liter maximum to the extent
feasible within residential and non-residential spaces.
During
Construction
AQ-8 Should hydrocarbon contaminated soil be encountered during
construction activities, the APCD must be notified as soon as
possible and no later than 48 hours after affected material is
discovered to determine if an APCD Permit will be required. In
addition, the following measures shall be implemented
immediately after contaminated soil is discovered:
During
Construction
MITIGATION MEASURE TIMING
Covers on storage piles shall be maintained in place at
all times in areas not actively involved in soil addition or
removal;
Contaminated soil shall be covered with at least six
inches of packed uncontaminated soil or other TPH –
non-permeable barrier such as plastic tarp. No
headspace shall be allowed where vapors could
accumulate;
Covered piles shall be designed in such a way to
eliminate erosion due to wind or water. No openings in
the covers are permitted;
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;
During soil excavation, odors shall not be evident to such
a degree as to cause a public nuisance; and,
Clean soil must be segregated from contaminated soil.
The notification and permitting determination requirements shall
be directed to the APCD Engineering & Compliance Division at
(805) 781-5912.
Green House Gas Emissions
GHG-1 The proposed project shall include a minimum of four (4) electric
vehicle (EV) chargers within the proposed parking lot. Vehicle
chargers shall be counted as parking spaces for the purposes of
parking calculations.
Prior to Building
Permit Final
Cultural Resources
CR-1 Recordation and documentation shall be produced according to
the California Register of Historic Resources prior to issuance of
demolition permits for both 6452 and 6490 El Camino Real.
Documentation shall include the following:
Completion of State of California Form DPR 523B;
Large scale color photographs of exterior and interior with
scale and caption;
Large scale site plan and floor plan of existing building(s)
with legend and callouts of location photographs taken;
Copies of selected historic photographs;
Written description of construction and use of the
structures; and,
Digital copies of all materials submitted in PDF format.
Prior to Demo
Permit
Issuance
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
immediately. The Atascadero Community Development Director
During
Construction
MITIGATION MEASURE TIMING
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 during the excavation of any
remains.
Noise
NO-1 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 Building
Permit
Issuance
NO-2 The walls of habitable spaces and office space on second and
third stories 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 Building
Permit
Issuance
NO-3 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 sources 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 Building
Permit
Issuance
NO-4 To meet the interior LDN 45 dBA requirements, windows for
habitable spaces on the second and third floors of affected units
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 Building
Permit
Issuance
Transportation & Traffic
TP-1 The applicant or developer must relocate the existing pedestrian
crossing at the midblock crossing at the intersection of East Mall
and El Camino Real to the signalized intersection of West Mall
and El Camino Real. The applicant shall re-stripe and provide
conduit for a new pedestrian crossing signal adjacent to the
project site. The proposed improvement may be eligible for TIF
credits based on the adopted Capital Improvement Plans at the
time of building permit issuance.
Prior to release
final sign off of
off-site
improvements.
MITIGATION MEASURE TIMING
TP-2 The applicant shall work with City Staff and the Regional Transit
Authority to relocate the adjacent southbound RTA stop that
currently exists near the intersection of Entrada and El Camino
Real. This includes relocation or re-construction of a bus shelter,
as deemed appropriate by the City Engineer
Prior to release
final sign off of
off-site
improvements.
Utilities Services
UT-1 The proposed project must pay all applicable sewer connection
fees at the time of building permit issuance. A fee credit may be
applicable for all existing fixtures and connections listed in
demolition permits for buildings removed.
Prior to Building
Permit
Issuance
UT-2 The applicant shall be responsible for providing fair share impact
fees for wastewater in effect at the time of building permit
issuance.
Prior to Building
Permit
Issuance
UT-3 The developer must include trash and recycle receptacles near
public entries and a minimum of (3) trash and recycle
receptacles within the proposed plaza to be dispersed
throughout the length of the plaza. Receptacle design shall be
approved by Staff and included on landscaping plans at the time
of building permit submittal.
Prior to release
final sign off of
on-site
improvements.
**END CONDITIONS**
EXHIBIT B: MASTER PLAN OF DEVELOPMENT / SITE PLAN
EXHIBIT C: LANDSCAPE PLAN
EXHIBIT D: Elevations / Floor Plan / Sections
Building A front elevation Building A Rear Elevation
Building B Elevations
“A” First Floor Plan “A” Second floor plan
“A” Third Floor Plan “A” Roof Plan
Building B
First Floor
Second Floor Third Floor
EXHIBIT E: COLORS AND MATERIALS BOARD
EXHIBIT F: SIGNAGE
EXHIBIT G: GRADING AND DRAINAGE PLAN
EXHIBIT H: UTILITY PLAN
EXHIBIT I: PROPOSED PLAZA IMPROVEMENTS
20-foot vehicular
access
End pavement
approximately 50 northeast
of property marker
Curve may be needed
by Engineer