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Home My WebLink About2007-097RESOLUTION NO. 2007-097 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING A TWO LOT VESTING TENTATIVE PARCEL MAP (VTPM 2005-0080), CONSISTENT WITH A MASTER PLAN OF DEVELOPMENT -8 APN 045-391-015, 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, 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 Vesting Tentative Parcel Map 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 map; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on October 16, 2007, studied and considered Tentative Parcel Map 2005- City of Atascadero Resolution No. 2007-097 Page 2 of 12 0080, 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 Vesting Tentative Parcel Map 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 map; and, WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing held on November 13, 2007, studied and considered Vesting Tentative Parcel Map 2005-0080, 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 of Approval for Vesting Tentative Parcel Map. The City Council of the City of Atascadero finds as follows: 1. The proposed subdivision, design and improvements as conditioned, is consistent with the General Plan and applicable zoning requirements, including provisions of the PD -8 Overlay District. 2. The proposed subdivision, as conditioned, is consistent with the proposed Planned Development Overlay District -8 Master Plan of Development (CUP 2005-0175). 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the density of development proposed. 5. 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. 6. 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. 7. 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 November 13, 2007, resolved to approve Vesting Tentative Parcel Map (TPM 2005-0080) subject to the following: City of Atascadero Resolution No. 2007-097 Page 3 of 12 1. Exhibit A: Vesting Tentative Parcel Map 2005-0080 2. Exhibit B: Conditions of Approval / Mitigation Monitoring Program 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 ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AST RM: Brian Pierik, Interim City Attorney 1 C Y OF ATASCADERO By:fl �' Dr. Ge rge Luna, Mayor 1 1 1 City of Atascadero Resolution No. 2007-097 Page 4 of 12 Exhibit A-1: Vesting Tentative Tract Map " a 5 y� Q�■gpV i? @ Iff fillii i 8 i gp8€pO��fiy� 1 1 City of Atascadero Resolution No. 2007-097 Page 5 of 12 Exhibit A-2: Vesting Tentative Tract Map z�c 1 C� City of Atascadero Resolution No. 2007-097 Page 6 of 12 Exhibit A-3: Vesting Tentative Tract Map tlBtlx�aa�� r I z C, ro rt C �- ny. akgy,, g I i ce in w '�pl: ge•tsgg F i8 m t1 � < O x � DCI o° jo z'—' Ole r y (nm � D r.n k7 10 8 '�i g ggtg Fag t Y4 z ( Z I ! m 1 ! I < m ry O C m Y.c NaM � i f ay y �aTgi a F $ D $ PROPERTY LINER € d f 4 6 3 L€ F gj �S� .n y' yy q6 3 xnp i' l J �0 SD pppyy Sa q 'Qk'� 5y ,p ,t t1f�i�ll fltl �I��ijf(ej D �g Ra8" g Q� �L'�h4 k y^ s �' Z < 9 ix trxx�," 1 1 1 City of Atascadero Resolution No. 2007-097 Page 7 of 12 Exhibit B: Conditions of Approval / Mitigation Monitoring Program Tentative Parcel Map 2005-0080 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services 13000 Atascadero Road SIP: Subdivision FD: Fire Department Vesting Tentative Parcel Map Improvement Plans FM: Final Map PD: Police Department CE: Cily Engineer TPM 2005-0080 TO: Temporary Occupancy WW: Wastewater Ca City Attorney FI: Final inspection AMWC: Water Comp. FO: Final Occupancy Planning Services 1. The approval of this parcel map shall become final and effective for the FM PS purposes of recording a final map thirty (30) days following the City Council approval of ZCH 2005-0111 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. Approval of this Tentative Parcel Map shall be valid for two years after FM PS its effective date. At the end of the period, the approval shall expire and become null and void unless an extension of time is granted pursuant to a written request received prior to the expiration date. 3. The Community Development Department shall have the authority to FM PS approve minor changes to the project that (1) result in a superior site design or appearance, and/or (2) address a design issue that is not substantive to the Tentative Tract Map and that the Final Map is in substantial conformance with the Tentative Map. 4. The Final Map shall be drawn in substantial conformance with the FM PS approved 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. 5. The subdivider shall defend, indemnify, and hold harmless the City of FM 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. 6. All existing pavement, walkways, ramps, walls, transformers buildings FM 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 A-2. 7. The Tract Map shall be subject to additional fees for park or recreation FM PS purposes (QUIMBY Act) as required by City Ordinance. 8. Affordable Housing Requirement: The applicant shall comply with the FM 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. 9. 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, 1 1 City of Atascadero Resolution No. 2007-097 Page 8 of 12 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Perm t BS: Building Services 13000 Atascadero Road SIP: Subdivision FD: Fire Department Improvement Plans PD: Police Department Vesting Tentative Parcel Map FM: Final Map CE: CItyEngineer TPM 2005-0080 TO: Temporary occupancy WW: Wastewater CA CityAtlomey FI: Final inspection AMWC: Water Conp. F0: Final Occupancy livestock or material shall be erected or stored in the open space easement. The limited grazing of animals for the purpose of annual wildfire fuel management is permitted. 10. Prior to Final Map, the applicant shall submit CC&Rs for review and FM PS 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. City Engineer Project Conditions 11. The applicant shall acquire written permission from all owners of FM CE property where off site grading is proposed. If owner permission cannot be acquired, the applicant shall install a decorative split face wall instead. 12. A right-of-way dedication shall be provided adjacent to the Santa FM CE Barbara Road / US 101 interchange consistent with Exhibit A-1. 13. 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. City Engineer Standard Conditions 14. In the event that the applicant bonds for the public improvements GP, BP CE required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 15. An engineer's estimate of probable cost shall be submitted for review GP, BP CE and approval by the City Engineer to determine the amount of the bond. 16. The Subdivision Improvement Agreement shall record concurrently with FM CE 1 1 1 City of Atascadero Resolution No. 2007-097 Page 9 of 12 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services 13000 Atascadero Road SIP: Subdrv'sbn FD: Fire Department Vesting Tentative Parcel Map Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TPM 2005-0080 TO: Temporary Occupancy WW: Wastewater CA CityAltomey FI: Final inspection AMWC: Water Comp. FO: Final Occupancy the Final Map. 17. A six (6) foot Public Utility Easement (PUE) shall be provided GP, BP CE contiguous to the property frontage. 18. The applicant shall acquire title interest in any off-site land that may be GP, BP CE 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. 19. Slope easements shall be obtained by the applicant as needed to GP, BP CE accommodate cut or fill slopes. 20. Drainage easements shall be obtained by the applicant as needed GP, BP CE to accommodate both public and private drainage facilities. 21. A preliminary subdivision guarantee shall be submitted for review FM CE in conjunction with the processing of the parcel map. 22. The Final Map shall be signed by the City Engineer prior to the FM CE map being placed on the agenda for City Council acceptance. 23. Prior to recording the parcel map, the applicant shall pay all FM CE outstanding plan check/inspection fees. 24. Prior to recording the map, the applicant shall bond for or FM CE complete all improvements required by these Conditions of Approval. 25. Prior to recording the parcel map, the applicant shall submit a FM CE copy of a valid tax bond. 26. Prior to recording the parcel map, the applicant shall bond for or FM CE 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. 27. Prior to recording the parcel map, the applicant shall submit a map FM CE 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. 1 1 1 City of Atascadero Resolution No. 2007-097 Page 10 of 12 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services 13000 Atascadero Road BP: Building Permit SIP: Subdivision BS: Building Services FD: FireDepartmenl Vesting Tentative Parcel Map Ir provemenl Plans FM: Final Map PD: Police Department CE: City Engineer TPM 2005-0080 TO: Tenporary Occupancy WW: Wastewater CA City Attorney FI: Final inspection AMWC: Water Comp. FO: Final Occupancy 28. All existing and proposed utility, pipeline, open space, or other FM CE easements are to be shown on the parcel map. If there are building or other restrictions related to the easements, they shall be noted on the parcel map. The applicant shall show all access restrictions on the final/parcel map. 29. Prior to recording the parcel map, the applicant shall have the FM CE 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 parcel map. 30. 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. 31. Prior to the issuance of building permits the applicant shall provide GP, BP CE for the detention and metering out of developed storm runoff so that it is equal to or less than undeveloped storm runoff. 32. Drainage basins shall be designed to desilt, detain and meter GP, BP CE storm flows as well as release them to natural runoff locations. 33. Prior to the issuance of building permits the applicant shall show GP, BP CE the method of dispersal at all pipe outlets. Include specifications for size & type. 34. Prior to the issuance of building permits the applicant shall show GP, BP CE method of conduct to approved off-site drainage facilities. 35. Concentrated drainage from off-site areas shall be conveyed GP, BP CE across the 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. 36. Applicant shall submit erosion control plans and a Storm Water GP, BP CE Pollution Prevention Plan (SWPPP) if area disturbed is greater than 1 acre. The Regional Water Quality Control Board shall approve the SWPPP. 37. All public improvements shall be constructed in conformance with GP, BP CE the City of Atascadero Engineering Department Standard 1 1 1 City of Atascadero Resolution No. 2007-097 Page 11 of 12 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services 13000 Atascadero Road SIP. Subdivision FD: Fire Department Vesting Tentative Parcel Map Irrprovement Plans FM: Final Map PD: Police Department CE: City Engineer TPM 2005-0080 TO: Tenporary Occupancy WW: Wastewater CA City Attorney FI: Final inspection AMWC: Water Comp. FO: Final Occupancy Specifications and Drawings or as directed by the City Engineer 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 1 1 City of Atascadero Resolution No. 2007-097 Page 12 of 12 Conditions of Approval / Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services 13000 Atascadero Road SIP: SubdN'sbn FD: Fire Department Vesting Tentative Parcel Map Improvement Plans FM: Final Map PD: Police Department CE: City Engineer TPM 2005-0080 TO: Temporary Occupancy WW: Wastewater OA City Altomey Fl: Final inspection AMWC: Water Cone. F0: Final Occupancy vegetation is established. 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 be BP/GP PS, BS 4.b.1 consistent with the recommendations of Althouse & Meade's July 17, 2007 Restoration Plan. Mitigation Measure. 4.b.2The 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 38. A six (6) year landscape maintenance and management plan GP PS shall be approved by City staff with a maintenance bond END OF CONDITIONS