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Home My WebLink About2007-096RESOLUTION NO. 2007-096 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 2005-0175 (MASTER PLAN OF DEVELOPMENT PD -8) APN 045-391-0159 016 13000 Atascadero Road (Gearhart) WHEREAS, an application has been received from Kelly Gearhart, 6205 Alcantara Avenue, Atascadero, CA 93422 (Applicant) and Atascadero Homeowners LLC, 6205 Alcantara Avenue, Atascadero, CA 93422 (Property Owner) to consider a project consisting of a General Plan Land Use Diagram Amendment from CREC (Commercial Recreation) to SFR -Y (Single - Family Residential 1.0 ac min) and a Zoning Map Change from LS / PD -8 / FH (Special Recreation with a Planned Development -8 and Flood Hazard Overlay) to RSF-Y / PD -8 / FH (Residential Single -Family 1.0 ac min with a Planned Development -8 and Flood Hazard Overlay) with a corresponding Master Plan of Development and Vesting Tentative Parcel Map on a 10.0 -acre site located at 13000 Atascadero Road (045-391-015, 016); and, WHEREAS, the Planning Commission has recommended that the site's General Plan Designation be changed from CREC (Commercial Recreation) to SFR -Y (Single -Family Residential 1.0 ac min); and, WHEREAS, the Planning Commission has recommended that the site's Zoning District be changed from LS / PD -8 / FH (Special Recreation with a Planned Development -8 and Flood Hazard Overlay) to RSF-Y / PD -8 / FH (Residential Single -Family 1.0 ac min with a Planned Development -8 and Flood Hazard Overlay); and, WHEREAS, the PD -8 requires the adoption of a Master Plan of Development, approved in the form of a Conditional Use Permit; and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2007-0022 were 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 Zone Change application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Master Plan of Development; and, City of Atascadero Resolution No. 2007-096 Page 2 of 15 WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on October 16, 2007, studied and considered the Conditional Use Permit 2005-0175 (Master Plan of Development), after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Change application was held by the City Council of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Master Plan of Development; and, WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing held on November 13, 2007, studied and considered the Conditional Use Permit 2005-0175 (Master Plan of Development), after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project and the Planning Commission's recommendation, and NOW THEREFORE, the City Council of the City of Atascadero takes the following actions: SECTION 1. Findings for Approval of Conditional Use Permit. The City Council finds as follows: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual; and, 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) including provisions of the PD -8 Overlay Zone; and, 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, 4. The proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5. The proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. 6. The Master Plan of Development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area. 1 City of Atascadero Resolution No. 2007-096 Page 3 of 15 7. Benefits derived from the Master Plan of Development and PD -8 overlay zone cannot be reasonably achieved through existing development standards or processing requirements. SECTION 2. Approval. The City Council of the City of Atascadero, in a regular session assembled on November 13, 2007, resolved approve Conditional Use Permit 2005-0175 (Master Plan of Development) subject to the following: 1. EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program 2. EXHIBIT B: Master Plan of Development / Site Plan PD -8 3. EXHIBIT C: Landscape Plan 4. EXHIBIT D: Fencing Plan 5. EXHIBIT E: Elevations 6. EXHIBIT F: Grading & Drainage Plan On motion by Council Member O'Malley, and seconded by Mayor Luna, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: Council Members Clay, O'Malley and Mayor Luna NOES: Council Members Beraud and Brennler ABSENT: None ADOPTED: November 13, 2007 CITY OF TASCADERO By: Dr. George Luna, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO F . r Brian Pierik, Interim City Attorney 11 1 r L J City of Atascadero Resolution No. 2007-096 Page 4 of 15 EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program PD -8 Master Plan of Development (CUP 2005-0175) Conditions of Approval / Timing Responsibility/ Mitigation Mitigation Monitoring Program CUP 2005-0175 Monitoring Measure FM: Final Map PS: Planning Services BL: Business BS: Building Services Y3000 Atascadero Road license FD: Fire Department PD -8 Master Plan of Development Amendment #2 GP: Grading Permit BP: Building Permit PD: Police Department CE: City Engineer FI: Final Inspection WW: Wastewater TO: Temporary CA City Attorney Occupancy F0: Final Occupancy Planning Services 1. The approval of this use permit shall become final and effective for the BP PS purposes of issuing building permits thirty (30) days following the City Council approval of ZCH 2005-0111 and ZCH 2005-0105 upon second reading, unless prior to that time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 2. The Community Development Department shall have the authority to BP/FM PS approve the following minor changes to the project that (1) modify the site plan project by less than 10%, (2) result in a superior site design or appearance, and/or (3) address a construction design issue that is not substantive to the Master Plan of Development. The Planning Commission shall have the final authority to approve any other changes to the Master Plan of Development and any associated Tentative Maps unless appealed to the City Council. 3. Approval of this Conditional Use Permit shall be valid for twelve (12) BP PS months after its effective date. At the end of the period, the approval shall expire and become null and void unless the project has applied for a building permit. 4. The applicant shall defend, indemnify, and hold harmless the City of Ongoing PS 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 5. All subsequent Tentative Map and construction permits shall be BP / FM PS, CE consistent with the Master Plan of Development contained herein. 6. All exterior elevations and finish materials shall be consistent with the BP PS Master Plan of Development as shown in Exhibit E. 7. All site work, grading, and site improvements shall be consistent with BP/FM PS, BS, CE the Master Plan of Development as shown in Exhibit B though F. 8. All existing pavement, walkways, ramps, walls, transformers buildings BP PS and similar appurtenance shall be removed from lots APN 045-391-012, 045-391-013, 045-391-014 and proposed Lot #2 consistent with Exhibit F. 1 1 City of Atascadero Resolution No. 2007-096 Page 5 of 15 Conditions of Approval / Timing Responsibility/ Mitigation Mitigation Monitoring Program CUP 2005-0175 Monitoring Measure FM: Final Map PS: Planning Services BL: Business BS: Building Services 13000 Atascadero Road License FD: Fire Department PD -8 Master Plan of Development Amendment #2 GP: Grading Perm t BP: BuildingPerml PD: Police Department CE: City Engineer FI: Final Inspection WW: Wastewater TO: Temporary CA City Attorney Occupancy F0: Final Occupancy 9. A final landscape and irrigation plan shall be approved prior to the BP PS, BS issuance of building permits and included as part of site improvement plan consistent with Exhibit C, and as follows: • All cut slopes associated with the access driveway shall be relandscaped. 10. All project fencing shall be installed consistent with Exhibit D. The GP/BP PS existing rail fence shall be repaired as needed. 11. An accurate Tree Protection Plan shall be prepared for encroachment GP/BP PS within the drip line of native trees located on or adjacent to the subject parcel. The applicant will contract with a certified arborist to monitor all activity within the drip lines of existing native oak trees. 12. Affordable Housing Requirement: The applicant shall comply with the BP PS City Council inclusionary housing policy and pay an in -lieu fee based on 5% of the construction valuation of each new and existing housing unit. 13. Prior to final map, the applicant shall submit CC&Rs for review and FM PS, BS approval by the Community Development Department. The CC&R's shall record with the Final Map and shall include the following: a) Provisions for private maintenance of the open space area and shared driveway located on Lot 1. b) The open space area on Lot 1 shall be landscaped and maintain in perpetuity by the owner of Lot 1. No structures, vehicles, equipment, livestock or material shall be erected or stored in the open space easement. c) The limited grazing of animals for the purpose of annual wildfire fuel management is permitted. d) The CC&R's shall be consistent with the requirements of the existing CC&R's for the tract on Eagle Creek Court. 14. The applicant shall acquire written permission from all owners of GP PS property where off site grading is proposed. If owner permission cannot be acquired, the applicant shall install a decorative split face wall instead. 15. A deed notification shall be attached to Lot 1 notifying the owner that FM PS the open space area on Lot 1 shall be landscaped and maintain in perpetuity by the owner of Lot 1 and no structures, vehicles, equipment, livestock or material shall be erected or stored in the open space easement. The limited grazing of animals for the purpose of 1 1 1 City of Atascadero Resolution No. 2007-096 Page 6 of 15 Conditions of Approval / Timing Responsibility/ Mitigation Mitigation Monitoring Program CUP 2005-0175 Monitoring Measure FM: Fral Map PS: Planning Services BL: Business BS: Building Services 13000 Atascadero Road License FD: Fire Department PD -8 Master Plan of Development Amendment #2 GP: Grading Permit BP: BuildingPermt PD: Police Department CE: City Engineer FI: Final Inspection WW: Wastewater TO: Temporary CA City Attorney Occupancy FO: Final Occupancy annual wildfire fuel management is permitted. City Engineer Project Specific Conditions 16. A right-of-way dedication shall be provided adjacent to 7 FM CE the Santa Barbara Road / US 101 interchange consistent with Exhibit B. 17. The applicant shall obtain permits from California Fish and Game, GP, BP CE Regional Water Quality Control Board, and Army Corps of Engineers, if required, based upon recommendations from the project biologist. 18. Prior to the issuance of building permits the applicant shall submit GP, BP CE calculations to support the design of any structures or pipes. Closed conduits shall be designed to convey the 10 -year flow with gravity flow, the 25 -year flow with head, and provide safe conveyance for the 100 - year overflow. 19. Prior to the issuance of building permits the applicant shall provide for GP, BP CE the detention and metering out of developed storm runoff so that it is equal to or less than undeveloped storm runoff. 20. Drainage basins shall be designed to desilt, detain and meter storm GP, BP CE flows as well as release them to natural runoff locations. 21. Prior to the issuance of building permits the applicant shall show the GP, BP CE method of dispersal at all pipe outlets. Include specifications for size & type. 22. Prior to the issuance of building permits the applicant shall show method GP, BP CE of conduct to approved off-site drainage facilities. 23. Concentrated drainage from off-site areas shall be conveyed across the GP, BP CE project site in drainage easements. Acquire drainage easements where needed. Drainage shall cross lot lines only where a drainage easement has been provided. If drainage easement cannot be obtained the storm water release must follow the exact historic path, rate and velocity as prior to the subdivision. 24. Applicant shall submit erosion control plans and a Storm Water Pollution GP, BP CE Prevention Plan (SWPPP) if area disturbed is greater than 1 acre. The Regional Water Quality Control Board shall approve the SWPPP. 25. All public improvements shall be constructed in conformance with the GP, BP CE City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer 1 1 City of Atascadero Resolution No. 2007-096 Page 7 of 15 Conditions of Approval / Mitigation Monitoring Program CUP 2005-0175 13000 Atascadero Road PD -8 Master Plan of Development Amendment #2 Timing FM Final Map 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 Depadment PD: Police Department CE: City Engineer WW: Wastewater CA City Attorney Mitigation Measure Mitigation Measures Mitigation Measure 3.b.1: The project shall be conditioned to Comply with all BP, GP BS, PS, CE 3.b.1 applicable District regulations pertaining to the control of fugitive dust (PM - 10) as contained in sections 6.3, 6.4 and 6.5 of the April 2003 Air Quality Handbook. Section 6.3: Construction Equipment • Maintain all construction equipment in proper tune according to manufacturer's specifications. ■ Fuel all off-road and portable diesel powered equipment, including but not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power units, with ARB certified motor vehicle diesel fuel (Non -taxed version suitable for use off-road). ■ Maximize to the extent feasible, the use of diesel construction equipment meeting the ARB's 1996 or newer certification standard for off-road heavy-duty diesel engines. ■ Install diesel oxidation catalysts (DOC), catalyzed diesels particulate filters (CDPF) or other District approved emission reduction retrofit services (Required for projects grading more than 4.0 acres of continuously worked area). Section 6.4: Activity Management Techniques • Develop a comprehensive construction activity management plan designed to minimize the amount of large construction equipment operating during any given time period. • Schedule of construction truck trips during non -peak hours to reduce peak hour emissions. • Limit the length of the construction workday period, if necessary. ■ Phase construction activities, if appropriate. Section 6.5: Fugitive PM10 All of the following measures shall be included on grading, demolition and building plan notes: 1. Reduce the amount of the disturbed area where possible. 2. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency will be required whenever wind speeds exceed 15 mph. Reclaimed (non -potable) water should be used whenever possible. 3. All dirt stockpile areas shall be sprayed daily as needed. 4. Permanent dust control measures identified in the approved project re -vegetation and landscape plans shall be implemented as soon as possible following completion of any soil disturbing activities. 5. Exposed ground areas that designated for reworking at dates greater than one month after initial grading shall be sown with a fast -germinating native grass seed and watered until vegetation is established. 1 1 City of Atascadero Resolution No. 2007-096 Page 8 of 15 Conditions of Approval / Timing Responsibility/ Mitigation Mitigation Monitoring Program CUP 2005-0175 Monitoring Measure FM Final neap PS: Planning Services BL: Business BS: Building Services 13000 Atascadero Road License FD: Fire Department PD -8 Master Plan of Development Amendment #2 GP: Grading Permit BP: BuildingPerml PD: Police Department CE: City Engineer FI: Final Inspection WW: Wastewater TO: Temporary CA City Attorney Occupancy FO: Final Occupancy 6. All disturbed soil areas not subject to re -vegetation should be stabilized using approved chemical soil binder, jute netting, or other methods approved in advance by the APCD. 7. All roadways, driveways, sidewalks, etc, to be paved shall be complete as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. 8. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. 9. 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. 10. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment leaving the site. 11. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. 12. The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust off site. The name and telephone number of such persons shall be provided to the APCD prior to land use clearance for map recordation and land use clearance for finish grading of any structure. Mitigation Measure 4.b.1. Restoration plantings along Paloma Creek shall BP/GP PS, BS 4.b.1 be consistent with the recommendations of Althouse & Meade's July 17, 2007 Restoration Plan. Mitigation Measure. 4.b.2 The project biologist shall monitor grading and BP/GP PS, BS 4.b.2 restoration work within 50 feet of the creek bank Mitigation Measure 4.b.3. Permits for culvert outfalls on Paloma Creek shall BP/GP PS, BS 4.b.3 be obtained from RWQCB and Department of Fish and Game. Mitigation Measure 9.b.1. The Tentative Map and Master Plan of BP/GP PS, BS 9.b.1 Development approval shall not become effective until the final approval date of the General Plan Amendment and ordinance that enacts the required Zoning Map amendment. Planning Commission Condition 26. A six (6) year landscape maintenance and management plan shall GP PS be approved by City staff with a maintenance bond. END OF CONDITIONS City of Atascadero Resolution No. 2007-096 Page 9 of 15 EXHIBIT B: Master Plan of Development / Site Plan PD -8 ROW dedication ,r AV 000 i illi a� is \ C) n f I PSI Y "16 4 titif C 4 \ t - { M DN IVIN yg ill 101101111,111 fit I IT iii I I City of Atascadero Resolution No. 2007-096 Page 10 of 15 EXHIBIT C-1: Landscape Plan REVEL. PLANTING PLAN EAGLE CREEK ATASCADEFRO. GA. CJ'Fm F*RUOUCTIMNS INC I �7 1 City of Atascadero Resolution No. 2007-096 Page 11 of 15 EXHIBIT C-2: Landscape Plan r77777-7�7 . . ..... . ......... it yy 41 > O 0 II r77777-7�7 . . ..... . ......... I City of Atascadero Resolution No. 2007-096 Page 12 of 15 EXHIBIT D: Fencing Plan FENCING PLAN s ii -rlc:)rjs INCH_ �.C.jp PRamuc CA. .11 4. .1. INS CAP 1x8 CAP f -POST, CUT TOP ZxS AT ANGIE IXG COVER - 1x6 COVER DRD. BOARD 7 N�-GRADE POST _0N CENTER ENTER SpCTION ELEVAILON NOTES 1, RAILS. CAP & COVER TO BF FIR OR HEM FIR 2. POST TO BE PRESSURE TREATED 4x4. 3. HOLES I'UH POSTS 10 BE A MINIMUM 24' DEEP WITH COMPACTED 3/4" CRUSHED GRAVEL AS BACKFILL. CORNER POST AND LINE POST 24' O.C. TO HAVE CONC. FOOTING. 3 BOARD FENCE (DE TAIL NJ S. FENCING PLAN s ii -rlc:)rjs INCH_ �.C.jp PRamuc CA. .11 4. .1. I I I City of Atascadero Resolution No. 2007-096 Page 13 of 15 EXHIBIT E-1: Floor Plans Elevations Converted Golf Clubhouse FRONT REAR RIGHT SFR CONVERSION JUN DETAIL 41 I F I dining i n-g*l L EXISTING PROPOSED - • Proposed 'conjoining' of existing buildings • —Red area shows proposed modification (dining area with small bedroom and bathroom) 1 City of Atascadero Resolution No. 2007-096 Page 14 of 15 EXHIBIT E-2: Floor Plans Elevations Converted Shop Building 1 1 r] City of Atascadero Resolution No. 2007-096 Page 15 of 15 EXHIBIT F: Grading and Drainage Plan g p t E5b% } B 9S� III 8�A li �% S' t � §V I � .S x� t� � A��5 Jill NO :tS NO � �I� IN8 ��yew l� ietp� IN Q14 1 a�1 ' df d �•"i i � � � � f � � III g;_ +�y fie° x ilia il / / Y 5 't ry�1