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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