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HomeMy WebLinkAboutResolution 2016-012 (2) unsigned_attachments correct RESOLUTION NO. 2016-012 RESOLUTION OF THE CITY COUNICL OF THE CITY OF ATASCADERO, APPROVING A VESTING TENTATIVE SUBDIVISION MAP 2014-0108, CONSISTENT WITH THE PD-33 OVERLAY ZONING DISTRICT (Halcon Residential Planned Development ConsciousBuild Atascadero Dev. LLC) WHEREAS, an application has been received from ConsciousBuild Atascadero Dev. LLC. (2921 Garabaldi Ave, San Luis Obispo, CA 93401) Owner and Applicant, and; to consider Planning Application PLN 2014-1529, for a project consisting of a General Plan Land Use Diagram Amendment, Zone Text and Map Amendments, Establishment of a Planned Development Overlay Zone, Vesting Tentative Tract Map, Tree Removal Permit and certification of a Mitigated Negative Declaration ("MND") on a 10± acre site located on Viejo Camino and Halcon Road, Atascadero, CA 93422 (APN’s 045-401-003, & 004); and, WHEREAS, the site’s current General Plan Land Use Designation is Suburban Estates (SE); and, WHEREAS, the site’s current Zoning Designation is Residential Suburban (RS); and, WHEREAS, the Planning Commission has recommended that the City Council approve a General Plan Land Use Diagram Amendment to change the Land Use Designation of lots within the project site to Single-Family Residential - X (SFR-X) and Single-Family residential – Y (SFR-Y); and, WHEREAS, the Planning Commission has recommended that the City Council approve a Zoning Ordinance Text Change and Zoning Map Amendment to establish zoning code text for PD-33 zoning district and to change the zoning of lots with the project area to Residential Single- Family – X (RSF-X) and Residential Single-Family - Y (RSF-Y), with a PD-33 overlay on the entire project site based on findings; and, WHEREAS, the PD-33 requires the adoption of a Master Plan of Development, approved in the form of a Conditional Use Permit for cluster development portions of the project area; and, WHEREAS, The Planning Commission has recommended that the City Council approve of a Master Plan of Development (CUP 2014-0284) prepared for the project site which, as conditioned, meet all requirements of the PD-33 Overlay Zoning District; and, City of Atascadero Resolution No. 2016-012 Page 2 of 5 WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2015-0007 was prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Tentative Tract Map was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Subdivision; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on February 2, 2016 studied and considered Vesting Tentative Tract Map 2014-0108 (TR 3078), after studying and considering the proposed Mitigated Negative Declaration prepared for the project, and WHEREAS, the Planning Commission of the City of Atascadero has recommended approval of Vesting Tentative Map 2014-0108 (TR 3078), and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Tentative Tract Map was held by the City Council of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Subdivision; and, WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing held on February 23, 2016 studied and considered Vesting Tentative Tract Map 2014-0108 (TR 3078), after studying and considering the proposed Mitigated Negative Declaration prepared for the project, and NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Atascadero: SECTION 1. Findings of Approval for Tentative Tract Map, the City Council of the City of Atascadero makes the following findings, determinations and recommendations with respect to the proposed Vesting Tentative Tract Map: 1. The proposed subdivision, design and improvements as conditioned, is consistent with the General Plan and applicable zoning requirements, including provisions of the PD-33 overlay district. 2. The proposed subdivision, as conditioned, is consistent with the proposed Master Plan of Development (CUP 2014-0284). 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the density of development proposed. City of Atascadero Resolution No. 2016-012 Page 3 of 5 5. The design of the subdivision or the type of improvements will not cause serious health problems. 6. The design and improvement of the proposed subdivision will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat. 7. The design of the subdivision will not conflict with easements acquired by the public at large for access through, or the use of property within, the proposed subdivision; or substantially equivalent alternative easements are provided. 8. The proposed subdivision design and type of improvements proposed will not be detrimental to the health, safety or welfare of the general public. SECTION 2. Approval. The City Council of the City of Atascadero, in a regular session assembled on February 23, 2016, resolved to approve Vesting Tentative Subdivision Map TR 3084 (TTM 2014-0108) subject to the following: 1. EXHIBIT A: Tentative Parcel Map 2014-0108 2. EXHIBIT B: Conditions of Approval / Mitigation Monitoring Program. 3. EXHIBIT C: Grading Plan 4. EXHIBIT D: Utility Plan City of Atascadero Resolution No. 2016-012 Page 4 of 5 On motion by Council Member Kelley, and seconded by Mayor O’Malley, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: Council Members Fonzi, Kelley, Sturtevant and Mayor O’Malley NOES: Mayor Pro Tem Moreno ABSTAIN: None ABSENT: None ADOPTED: February 23, 2016 CITY OF ATASCADERO, CA __________________________________ Tom O’Malley, Mayor ATTEST: ______________________________________ Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: ______________________________________ Brian A. Pierik, City Attorney City of Atascadero Resolution No. 2016-012 Page 5 of 5 1. EXHIBIT A: Tentative Parcel Map 2014-0108 2. EXHIBIT B: Conditions of Approval / Mitigation Monitoring Program. 3. EXHIBIT C: Grading Plan 4. EXHIBIT D: Utility Plan Due to the length of the exhibits they have not been reproduced as an attachment; however, they may be reviewed in the office of the City Clerk. City of Atascadero Resolution No. 2016-012 Exhibits Exhibit A: Vesting Tentative Subdivision Map TR 3078 (TTM 2014-0108) City of Atascadero Resolution No. 2016-012 Exhibits Exhibit B: Conditions of Approval / Mitigation Monitoring Program Vesting Tentative Subdivision Map TR 3078 (TTM 2014-0108) Conditions of Approval / Mitigation Monitoring Program TTM 2014-0108 Vesting Tentative Tract Map (The Groves – Halcon Residential Development) APN 045-401-003 & 004 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Planning Department 1. This Vesting Tentative Subdivision Map (TTM) is for the creation of 17 legal lots of record described on the attached exhibits and shall apply APNs 045-401-003, 004 regardless of owner. Ongoing PS 2. The approval of this Vesting Tentative Subdivision Map shall become final and effective for the purposes of issuing building permits upon the effective date of the associated Zone Text Amendment establishing Planned Development Overlay Zone #33, unless an appeal is made with the appropriate judicial circuit. Ongoing PS 3. The Community Development Director and/or City Engineer shall have the authority to make modifications to the final map that remain in substantial conformance with the approved Tentative Map. BP / FM PS, CE 4. Approval of this Vesting Tentative Subdivision Map shall be valid for twenty-four (24) months after its effective date and shall expire Monday, Date, 2018. At the end of the period, the approval shall expire and become null and void unless the project has received a final map or a time extension has been granted, consistent with the Atascadero Municipal Code. BP / FM PS 5. Vesting Tentative Subdivision Map was deemed complete on November 20, 2015, for the purposes of vested development rights and fees consistent with the Subdivision Map Act of the State of California. On-going PS, CE 6. A final parcel map drawn in substantial conformance with the approved vesting tentative map, and in compliance with all conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City’s Subdivision Ordinance FM PS/CE 7. The subdivider shall defend, indemnify, and hold harmless the City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the City, or any of its entities, concerning the subdivision. Ongoing 8. All subsequent Tentative Map and construction permits shall be consistent with the Master Plan of Development (CUP BP / FM PS, CE City of Atascadero Resolution No. 2016-012 Exhibits Conditions of Approval / Mitigation Monitoring Program TTM 2014-0108 Vesting Tentative Tract Map (The Groves – Halcon Residential Development) APN 045-401-003 & 004 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney 2014-0284) approved for the project. 9. The parcel map shall be subject to additional fees for park or recreation purposes (QUIMBY Act) as required by City Ordinance BP PS 10. All maintenance costs listed below shall be 100% funded by the project in perpetuity, except for public facilities that are planned for and currently maintained by the City of Atascadero. The service and maintenance cost shall be funded through an entity or mechanism established by the developer, subject to City Staff approval. This entity or mechanism must be in place prior to, or concurrently with acceptance of any final map(s). The entity or mechanism shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any Final Map(s). The administration of the above mentioned funds, and the coordination and performance of maintenance activities, shall be the responsibility of the entity or mechanism. a) All streets, bridges, sidewalks, streetlights, street signs, roads, emergency access roads, emergency access gates, traffic control signals, pavement markings and sewer mains within the proposed project including residential streets within any residential subdivision. b) All landscaping and lighting within the proposed project area. c) Common area fencing and/or features. d) Open areas on private property within the proposed project area including detention facilities, bio-swales, and other low- impact-development features. e) Newly constructed drainage facilities on private property within the proposed project area. f) Landscaped frontages within the right-of-way of all public streets within the defined specific plan boundary. g) On-site sewer and storm drains located outside of the right-of- way. 11. Prior to final map, the applicant shall submit CC&Rs for review by the Community Development Department. The CC&R’s shall record with the Final Map and shall include the following: a) Provisions for maintenance of all common areas including parking lot, landscape areas, free standing signs, lighting and solid waste storage. City of Atascadero Resolution No. 2016-012 Exhibits Conditions of Approval / Mitigation Monitoring Program TTM 2014-0108 Vesting Tentative Tract Map (The Groves – Halcon Residential Development) APN 045-401-003 & 004 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney b) Maintenance of on-site sewer and storm drainage systems. c) Ensuring compliance with the Master Plan of Development. d) Standards for the design, maintenance and appearance of individual lot development and maintenance. e) A provision for review by the City Community Development Department for any changes to the CC&R’s that relate to the above requirements prior to the changes being recorded or taking effect. f) Concurrent with recordation of CC&Rs and/or integrated into CC&Rs shall be a paragraph addressing the City’s roles and responsibilities related to the administration and enforcement of any CC&R provisions. 12. All Conditions and mitigation monitoring program for CUP 2014-0284, as amended, are hereby incorporated by reference. On-Going PS Public Works Project Conditions City Engineer Project Conditions 13. The internal streets shall be offered as public rights-of-way as shown on the tentative map and shall be extended to include the cul-de-sac adjacent to lots 9, 16 & 17. BP, GP CE 14. Internal streets shall not be improved with sidewalks but shall comply with City standards for Rural Local roads. The road shoulder adjacent to Lots 1-5 and Lots 13-15 shall include a 5- foot wide walkable shoulder of compacted Class II Agg Base or DG, with a cross-slope matching that of the street, but not exceeding 4%. Where curb & gutter, or, an AC dike are required to convey stormwater, the area behind the curb or dike shall be compacted base or DG as described above. Curb ramps are not required at the intersections of the internal streets. BP, GP CE 15. Viejo Camino shall be improved to City standards as shown on the Tentative Map along the project frontage. New improvements shall be consistent with City standards and the Circulation Element and shall include new curb, gutter, street intersection with cross-gutter, traffic signage and delineation, a bike lane (Class II), and transit stop. The street pavement shall be completed to integrate the existing roadway with the new frontage improvements as shown on the Tentative Map. BP, GP CE City of Atascadero Resolution No. 2016-012 Exhibits Conditions of Approval / Mitigation Monitoring Program TTM 2014-0108 Vesting Tentative Tract Map (The Groves – Halcon Residential Development) APN 045-401-003 & 004 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney 16. Along the Viejo Camino frontage, the property owner shall dedicate an easement and construct a public pedestrian and bike trail to accommodate a 10-foot wide detached pedestrian & bike trail. The pedestrian/bike trail shall be constructed of asphalt to the satisfaction of the Director of Public Works and Director of Community Development. Final alignment shall meander as necessary to conform to the existing terrain, trees and drainage requirements to the satisfaction of the Director of Public Works and Director of Community Development. The path shall wrap along the Halcon Rd frontage (off-site frontage) within the existing City ROW for a distance required by the City Engineer. BP, GP CE 17. The transit stop shown on Viejo Camino shall be not less than 90 feet long (end-to-end, including transition lanes). The transit stop shall be designed using smooth curves to allow for ease of entry/exiting of the bus as well as street sweeping equipment. The bus staging area shall be of sufficient width to allow the bus to be safely located out of the travel lane(s) while loading or unloading passengers to the satisfaction of the City Engineer. The structural pavement-section shall be sufficient to support the typical transit vehicles but shall be not less than 6” Class A concrete over 6” Class II Aggregate Base, to the satisfaction of the City Engineer. Sidewalk at the transit stop shall be in addition to the concrete pad necessary to place the transit street furniture (bus shelter, bench, sign and other street furniture as deemed necessary by the Director of Public Works). Additional right-of-way shall be dedicated to accommodate the turn-out to the satisfaction of the City Engineer. BP, GP CE 18. The Subdivider shall plant street trees along the Viejo Camino street frontage behind the public sidewalk and within 15-feet. Trees planted closer than 10-feet shall include deep-root planter barriers as approved by the City Engineer. One street tree shall be planted for each 35 linear feet (or portion thereof) of road frontage. BP, GP CE 19. Street trees on the internal streets shall be planted at the time of lot development along the road frontages of the internal streets offered to the public. One street tree shall be planted for each 35 linear feet (or portion thereof) of road frontage. BP, GP CE 20. A new gravity sewer shall be designed and extended in Viejo Camino to serve the lots of Tract 3078, to the satisfaction of the City Engineer. An optional route along Halcon Rd can be explored for feasibility, subject to the review and approval of the city Engineer. The developer may request a reimbursement agreement for future private sewer connections for any off-site sewer extension subject to City Ordinance and City Council BP CE City of Atascadero Resolution No. 2016-012 Exhibits Conditions of Approval / Mitigation Monitoring Program TTM 2014-0108 Vesting Tentative Tract Map (The Groves – Halcon Residential Development) APN 045-401-003 & 004 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney authorization. Notice of developer intent to request a reimbursement agreement must be made in writing prior to the start of construction. 21. Each new lot shall be served by separate laterals for water, power, communications, gas & cable TV (if available adjacent to the subject property). BP CE 22. The Final Map shall include the offer of Public Utility Easements along all street frontages (6-feet wide), to the satisfaction of the City Engineer. FM CE 23. The Subdivider shall dedicated sufficient public right-of-way for street purposes along the northerly side of Santa Barbara Street to accommodate the existing improved road alignment. FM CE STANDARD CONDITIONS 24. All public improvements shall be constructed in conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings. BP, GP CE 25. In the event that the applicant is allowed to bond for the public improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City. FM CE 26. An engineer’s estimate of probable cost shall be submitted for review and approval by the City Engineer to determine the amount of the bond. FM CE 27. The Subdivision Improvement Agreement (SIA) shall record concurrently with the Final Map. If it is the intent of the developer to pursue a reimbursement agreement with the City for the installation of off-site sewer facilities, reference to said agreement and terms shall be included in the SIA. FM CE 28. The applicant shall be responsible for the relocation and/or alteration of existing utilities. BP, GP CE City of Atascadero Resolution No. 2016-012 Exhibits Conditions of Approval / Mitigation Monitoring Program TTM 2014-0108 Vesting Tentative Tract Map (The Groves – Halcon Residential Development) APN 045-401-003 & 004 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney 29. The applicant shall install all new utilities (water, gas, electric, cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. BP, GP CE 30. The applicant shall monument all property corners for construction control and shall promptly replace them if disturbed. FM CE 31. The applicant shall acquire title interest in any off-site land that may be required to allow for the construction of the improvements. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress and egress is affected by these improvements. FM CE 32. Slope easements shall be provided as needed to accommodate cut of fill slopes. FM CE 33. Drainage easements shall be provided as needed to accommodate both public and private drainage facilities. FM CE 34. The final map shall be signed by the City Engineer prior to the map being placed on the agenda for City Council acceptance. FM CE 35. Prior to recording the tract map, the applicant shall submit a map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. FM CE 36. Prior to recording the tract map, the applicant shall set monuments at all new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the parcel map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 37. Prior to recording the tract map, the applicant shall pay all outstanding plan check/inspection fees. 38. Prior to recording the map, the applicant shall complete all improvements required by these conditions of approval FM CE City of Atascadero Resolution No. 2016-012 Exhibits Conditions of Approval / Mitigation Monitoring Program TTM 2014-0108 Vesting Tentative Tract Map (The Groves – Halcon Residential Development) APN 045-401-003 & 004 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney 39. Prior to recording the tract map, the applicant shall have the map reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company indicating their review of the map. The letter shall identify any new easements that may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the map. FM CE 40. Upon recording the final map, the applicant shall provide the City with a black line clear Mylar (0.4 mil) copy and a blue line print of the recorded map. FM CE 41. Prior to the final inspection of any public improvements, the applicant shall submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans. FM CE 42. Prior to the final inspection, the applicant shall submit a written certification from a registered civil engineer or land surveyor that all survey monuments have been set as shown on the final map. BP, GP CE 43. An encroachment permit shall be obtained prior to any work within City rights of way. BP, GP CE 44. Prior to the issuance of building permits the applicant shall submit a grading and drainage plan prepared by a registered civil engineer for review and approval by the City Engineer. BP, GP CE 45. The applicant shall submit a hydraulic analysis with the first plan check submittal of the water system improvements for the project. The analysis should take into account the fire flows required by the California Building Code. The applicant is responsible for designing and constructing water system improvements that will provide water at pressures and flows adequate for the domestic and fire protection needs of the project. BP, GP CE MITIGATION MONITORING PROGRAM Mitigation Measure 1.c.1: A landscape buffer shall be provided along Santa Barbara Rd. Landscape material shall consist of native and/or drought tolerant species. As mixture of low and medium plants shall be utilized to provide visual screening of the project from the adjacent BP PS/BS City of Atascadero Resolution No. 2016-012 Exhibits Conditions of Approval / Mitigation Monitoring Program TTM 2014-0108 Vesting Tentative Tract Map (The Groves – Halcon Residential Development) APN 045-401-003 & 004 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney neighborhood. Mitigation Measure 1.c.2: Street trees shall be provided along Viejo Camino and Halcon Rd. Street trees shall be spaced at no greater than 30-feet on center, however, rural tree groupings may be approved by the City Engineer due to topographic or sight distance concerns and/or to maintain the rural nature of the street. BP CE/BS Mitigation Measure 1.c.3: Rear or side yard privacy fencing where adjacent to a private road shall be set back from the edge of shoulder a minimum of 10-feet. Where rear or side yard fencing is adjacent to a public road, a minimum setback from the edge of pavement/sidewalk/pedestrian path of 10-feet shall be observed. Fencing adjacent to a public roadway shall be a maximum of 6-feet high and shall include landscaping on the street side of the fence. Fencing shall be decorative in nature. Any walls proposed for rear or side yards adjacent to a public road shall be constructed of high quality materials and shall adhere to the same setback as privacy fencing. BP PS/BS Mitigation Measure 1.d.1: All lighting shall be designed to eliminate any off site glare. All exterior site lights shall utilize full cut-off, “hooded” lighting fixtures to prevent offsite light spillage and glare. BP PS/BS Mitigation Measure 3.b.1: The project shall be conditioned to comply with all applicable District regulations pertaining to the control of fugitive dust (PM-10) as contained in Section 2 “Assessing and Mitigating Construction Impacts.” 2.4 Fugitive Dust Mitigation Measures: Standard List a. Reduce the amount of the disturbed area where possible; b. Use water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non-potable) water should be used whenever possible; c. All dirt stock-pile areas should be sprayed daily as needed; d. All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as possible, and building pads should be laid as soon as possible after grading unless seeding or soil binders are used; e. All of these fugitive dust mitigation measures shall be shown on grading and building plans; and f. The contractor or builder shall designate a person or persons to BP PS/BS City of Atascadero Resolution No. 2016-012 Exhibits Conditions of Approval / Mitigation Monitoring Program TTM 2014-0108 Vesting Tentative Tract Map (The Groves – Halcon Residential Development) APN 045-401-003 & 004 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney monitor the fugitive dust emissions and enhance the implementation of the measures as necessary to minimize dust complaints, reduce visible emissions below 20% opacity, and to prevent transport of dust offsite. Their duties shall include holidays and weekend periods when work may not be in progress. Mitigation Measure 3.b.2: The project shall be conditioned to comply with all applicable APCD regulations pertaining to Naturally Occurring Asbestos (NOA). Prior to any grading activities a geologic evaluation should be conducted to determine if NOA is present within the area that will be disturbed. If NOA is not present, and exemptions request must be filed with the District. If NOA is found at the site, the applicant must comply with all requirements outlined in the Asbestos ATCM. This may include development of an Asbestos Dust Mitigation Plan and an Asbestos Health and Safety program for approval by the APCD. Technical Appendix 4.4 of the SLO County APCD CEQA Air Quality Handbook includes a map of zones throughout San Luis Obispo County where NOA has been found and geological evaluation is required prior to any grading. BP PS/BS Mitigation Measure 4.a.1: A qualified biologist shall conduct a pre- construction survey within 30 days of initial site disturbance to identify whether silvery legless lizards are present. If silvery legless lizards are detected, a biological monitor shall be present during initial ground disturbing and vegetation removal activities to allow for a salvage and relocation effort for the lizard and other ground dwelling common wildlife that may be present. BP PS Mitigation Measure 4.a.2: A qualified biologist shall conduct a pre- construction survey within 30 days of initial site disturbance to identify whether American badger are present. If American badger or their dens are detected during the survey, the location of the den shall be mapped, the biologist shall monitor the den for three days if it is within 50ft of proposed blueprints. If the den is deemed inactive it shall be destroyed if the den is active the biologist will continue monitoring its status till the den becomes inactive so it can be destroyed, during that time all development activities shall respect a 50ft buffer or exclusion zone around the den. BP PS Mitigation Measure 4.a.3: Conduct a springtime rare plant survey to determine the presence/absence of any special-status plants. Should any be discovered, implement a seed and/or plant salvage program and incorporate the salvaged material into the drainage setback and detention basin landscaped areas. BP PS City of Atascadero Resolution No. 2016-012 Exhibits Conditions of Approval / Mitigation Monitoring Program TTM 2014-0108 Vesting Tentative Tract Map (The Groves – Halcon Residential Development) APN 045-401-003 & 004 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure 4. d.1: Vegetation removal and initial site disturbance shall be conducted between September 1 and January 31 outside of the nesting season for birds. If vegetation and/or tree removal is planned for the bird nesting season, then preconstruction nesting bird survey, prepared by a qualified biologist, shall be required to determine if any active nests would be impacted by project construction. If no active nests are found, then no further mitigation shall be required. If any active nests are found that would be impacted by construction, then the nest sites shall be avoided with the establishment of a non- disturbance buffer zone around active nests as determined by a qualified biologist. Nest sites shall be avoided and protected with the non-disturbance buffer zone until the adults and young of the year are no longer reliant on the nest site for survival as determined by a qualified biologist. As such, avoiding disturbance or taking of an active nest would reduce potential impacts on nesting birds to a less-than- significant level. BP PS Mitigation Measure 4.e.1: Grading and excavation activities shall be consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: 1. During grading activities an arborist must be present. 2. All existing trees outside of the limits of work shall remain. 3. Earthwork shall not exceed the limits of the project area. 4. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 5. Vehicles and stockpiled material shall be stored outside the drip line of all trees. 6. All trees within twenty feet of construction work shall be fenced for protection with 4-foot chain link, snow or safety fencing placed per the approved tree protection plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing shall remain in place until completion of all construction activities. 7. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. 8. Utilities such as water, gas, power, cable, storm drainage, and sewer should be redirected from under the canopy of any trees that are to remain. 9. Where a building is placed within the canopy of a tree the foundation should be redesigned so that it bridges across any root systems. 10. Any foundation or other structure that encroaches within the drip line of trees to be saved shall be dug by hand. 11. At no time shall tree roots be ripped with construction equipment. BP PS/ BS Mitigation Measure 4.e.2: Tree protection fencing shall be installed at the locations called out in the Tree Protection Plan. An inspection of the tree fencing shall be done by City staff prior to issuance of building permits. BP PS/ BS City of Atascadero Resolution No. 2016-012 Exhibits Conditions of Approval / Mitigation Monitoring Program TTM 2014-0108 Vesting Tentative Tract Map (The Groves – Halcon Residential Development) APN 045-401-003 & 004 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure 4.e.3: The following measure shall be incorporated on-site during the construction process of the proposed project: 1. A minimum height construction protective barrier shall be erected around the drip line of the tree plus 4’. The fence shall be supported with “T” posts at no more than 6’ o.c. and tied at least 3 places per post. This fence shall be installed by the General Contractor before any rough grading is allowed on the site. Approval for this stage must be obtained in writing from either the Arborist or the Counties/Cities representative. 2. Earthwork shall not exceed the limits of the project area. 3. Low branches in danger of being torn during construction process shall be pruned prior to any heavy equipment work being undertaken. 4. Once the rough grading is accomplished the fence may be moved closer to the trunk of the tree for finish grading. At no time shall the fence be placed within the Critical Root Zone (CRZ). This location is determined by the diameter of the trunk at Diameter Breast Height (DBH). (4.5’ above grade) and is 1’ per 1” diameter in the direction of the drip line. At no time shall the fence be moved closer to the trunk than the drip line, unless additional preservation measures are implemented as recommended by the project arborist. 5. Any roots that are encountered over 2” diameter, during the excavation process shall be clean cut perpendicular to the direction of root growth with a handsaw. At no time shall tree seal be applied to any cut. Any roots over 2” diameter the county/city representative shall be notified to determine the preferred course of action. 6. All trenching with CRZ area shall require hand trenching to preserve and protect roots over 2” in diameter. 7. No grading of trenching is allowed within the CRZ fenced area without written permission from the County/City representative or a certified arborist. 8. Any roots over 4” in diameter are not to be cut or ripped until inspected and approved in writing by the arborist. 9. If, for whatever reason, work must be accomplished inside the drip line 4”-6” of mulch must be applied first to decrease the possibilities of compaction upon written approval from the arborist. 10. There shall be a pre-construction meeting between BP PS/ BS City of Atascadero Resolution No. 2016-012 Exhibits Conditions of Approval / Mitigation Monitoring Program TTM 2014-0108 Vesting Tentative Tract Map (The Groves – Halcon Residential Development) APN 045-401-003 & 004 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney the Engineering/Planning staff of the County/City, Grading equipment operators, Project Superintendent and the Arborist to review the project conditions and requirements prior to any grubbing or earth work for any portions of the project site. All tree protection fencing shall be installed for inspection prior to this meeting. 11. All trees shall be pruned before any construction takes place that are in the development areas to be saved if they might be damaged by the construction equipment. This must be accomplished by a bonded, licensed, and certified Tree Service Contractor. 12. All debris shall be cleared from the area or chipped and spread on the site or stacked in orderly piles for future use by the Owner, at the Owners request. 13. In locations where paving is to occur within the drip line grub only and do not compact unless authorized in writing. Permeable pavers or other preamble surface must be approved by the Arborist. Mitigation Measure 4.e.4: Upon project completion and prior to final occupancy a final status report shall be prepared by the project arborist certifying that the tree protection plan was implemented, the trees designated for protection were protected during construction, and the construction-related tree protection measures are no longer required for tree protection. FO PS/ Mitigation Measure 4.e.5: All utilities shall remain outside the drip lines of native trees, unless preservation measures, as specified by the project arborist, are implemented. BP PS/ BS Mitigation 5.a.b.c.1: An archaeological monitor shall be present during initial vegetation clearing, site “grubbing, and grading for all portions of the project. GP PS Mitigation 5.d.1: In the event that human remains are discovered on the property, all work on the project shall stop and the Atascadero Police Department and the County Coroner shall be contacted. The Atascadero Community Development Department shall be notified. If the human remains are identified as being Native American, the California Native American Heritage Commission (NAHC) shall be contacted at (916) 653-4082 within 24 hours. A representative from both the Chumash Tribe and the Salinan Tribe shall be notified and present during the excavation of any remains. BP / GP PS City of Atascadero Resolution No. 2016-012 Exhibits Conditions of Approval / Mitigation Monitoring Program TTM 2014-0108 Vesting Tentative Tract Map (The Groves – Halcon Residential Development) APN 045-401-003 & 004 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure 6.b.1: The on-site subdivision / grading permit plans shall include erosion control measures to prevent soil, dirt, and debris from entering the storm drain system during and after construction, consistent with mitigation or construction methods outlined in the geotechnical report. Plans shall be approved by the City Engineer prior to issuance. GP PS/CE Mitigation Measure 6.b.2: All cut and fill slopes mitigated with an appropriate erosion control method (erosion control blanket, hydro- mulch, or straw mulch appropriately anchored) immediately after completion of earthwork, as approved by the City Engineer. All disturbed slopes shall have appropriate erosion control methods in place. GP PS/CE Mitigation Measure 6.b.3: The contractor will be responsible for the clean-up of any mud or debris that is tracked onto public streets by construction vehicles. An approved device must be in place prior to commencement of grading activities. This device shall be approved by the City Engineer. GP PS/CE Mitigation Measure 6.b.4: A re-vegetation plan shall be submitted with building permits. All disturbed cut and fill slopes shall be vegetated as specified in a landscaping plan. The landscaping plan must be approved by both the Community Development Department and the Public Works Department. GP PS/CE Mitigation Measure 8.h.1: All new construction will comply with section the California Building and Fire Codes. New residences in the City are required to install fire sprinklers. Fire protection measures shall include the use of non-combustible exterior construction and roofs and fire- resistant building materials. BP FD Mitigation Measure 9.d.e.f.1: The project shall integrate Low Impact Development Best Management Practice’s into the project design which may include on-site detention and/or retention basins, pervious paving, and vegetated swales. The detention basins must meet the City’s drainage design standards with surface runoff being treated for water quality through structural control measures including: disconnected downspouts flowing to vegetated bio-swales, and pervious pavement and/or landscape areas to control storm volume. All drainage control features shall be subject to the approval of the City Engineer. GP PS/CE Mitigation Measure 9.d.e.f.2: The developer shall ensure that all contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved GP PS/CE City of Atascadero Resolution No. 2016-012 Exhibits Conditions of Approval / Mitigation Monitoring Program TTM 2014-0108 Vesting Tentative Tract Map (The Groves – Halcon Residential Development) APN 045-401-003 & 004 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney construction Best Management Practices will result in the issuance of correction notices, citations, or stop orders. Mitigation Measure12.a.1: Private yard outdoor activity spaces for each residential parcel adjacent to Viejo Camino and Halcon Rd where outdoor noise levels exceed City standards shall be located where the building provides acoustical screening opportunities. If no such areas exist within the design of the structure on the site, private outdoor use areas shall be enclosed by a 6-foot high solid wall. BP PS/BP Mitigation Measure 12.a.2: Windows on facades adjacent to Halcon and Viejo Camino Road shall include additional sound attenuation features such as dissimilar glass or other methods aimed at reducing sound transmission beyond the standard dual pane requirements. BP PS/BP Mitigation Measure: 14: Prior to final map recordation, the applicant shall annex into the City’s Community Facilities District (CFD) to off-set additional costs associated with the provision of additional police, fire, and park services. FM PS/BP Mitigation Measure 16.a.b.1: In addition to the City’s Development Impact Fees, each new residential unit shall pay towards its fair share of the US 101 / Santa Barbara interchange improvements. The project may be eligible for TIF fee credits for Citywide development impact fees associated with the interchange improvements. Any TIF credit shall be approved by the City Engineer. BP PS/CE Mitigation Measure 16.d.1: Access for parcels abutting Halcon Rd shall be consolidated and shall be designed as private roads meeting City road standards. Driveways to individual parcels with existing residences may be approved by the City Engineer in locations where consolidated access cannot be utilized due to parcel locations. All access roads and driveways shall be evaluated at the time of tentative map submittal and/or improvement permits for sight distance. FM PS/CE/FD Mitigation Measure 6.f.1: In addition to an on-street bike lane, a multi- use path shall be provided along Viejo Camino and Halcon Roads consistent with the adopted City bike and trail Master Plan and the SLOCOG Salinas River Trail Plan. FM PS Mitigation Measure 17.d.1: Landscaping plans shall be submitted to the Community Development Department for review and approval. Landscaping must consist of drought tolerant species and utilize drip irrigation. Turf shall not be permitted as a part of the approved landscaping plan. BP PS City of Atascadero Resolution No. 2016-012 Exhibits EXHIBIT C: Grading and Drainage Plan City of Atascadero Resolution No. 2016-012 Exhibits EXHIBIT D: Utility Plan