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HomeMy WebLinkAbout2007-099RESOLUTION NO. 2007-099 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 2005-0168, A MASTER PLAN OF DEVELOPMENT FOR A BMX FACILITY ON APN 028-111-001, 003 (6575 Sycamore Rd. / ABMX) WHEREAS, an application has been received from Atascadero BMX Association — Tom Jordan, 8255 Graves Creek Rd., Atascadero, CA 93422, (Applicant) and Atascadero Mutual Water Company, 5005 El Camino Real, Atascadero, CA 93422, (Property Owner) to consider a project consisting of a Zone Text Amendment to establish a custom PD Overlay Zone (PD -30) and a Zone Map Change to apply PD -31 to the subject site with corresponding Master Plan of Development located at 6575 Sycamore Rd. (APN 028-111-001, 003); and, WHEREAS, the Planning Commission has recommended that the site's Zoning District be changed from IP (Industrial Park) to IP/PD-31 (Industrial Park / Planned Development Overlay -30); and, WHEREAS, the Planned Development #31 Overlay Zone 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 2007-0015 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 Conditional Use Permit 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, 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 2005-0168 (Master Plan of Development), after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and, WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing held on November 27, 2007 studied and considered the Conditional Use Permit 2005-0168 (Master Plan of Development), after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and, City of Atascadero Resolution No. 2007-099 Page 2 of 12 NOW, THEREFORE, the City Council of the City of Atascadero takes the following actions: SECTION 1. Findings for Approval of Conditional Use Permit. The Planning Commission 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 -31 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; and 7. Benefits derived from the Master Plan of Development and PD Overlay Zone cannot be reasonably achieved through existing development standards or processing requirements; and, SECTION 2. Approval. The City Council of the City of Atascadero, in a regular session assembled on November 27, 2007 resolved to approve Conditional Use Permit 2005- 0168 (Master Plan of Development) and Tree Removal Permit subject to the following: EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program EXHIBIT B: Master Plan of Development / Site Plan EXHIBIT C: Grading Plan EXHIBIT D: Erosion Control Plan EXHIBIT E: Landscape Plan 1 City of Atascadero Resolution No. 2007-099 Page 3 of 12 On motion by Council Member O'Malley and seconded by Council Member Beraud, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: Council Members Beraud, Brennler, O'Malley and Mayor Luna NOES: None ABSTAINED: Council Member Clay ABSENT: None ADOPTED: November 27, 2007 CITY ATASCA RO By: �"' `,� Dr. George Luna, Mayor ATTEST: Walt M q1- arcia McClure Torgerson, C.M.C., ity Clerk APPROVED AS TO FORM: c 2 Brian Pierik, City Attorney 1 1 1 1 City of Atascadero Resolution No. 2007-099 Page 4 of 12 EXHIBIT A: Conditions of Approval / Mitigation Monitoring Program Planned Development -30 / Atascadero BMX 6575 Sycamore Rd Conditions of Approval / Timing Responsibility/ Mitigation Mitigation Monitoring Program Monitoring Measure FM: Fri Map PS: Planning Services BL: Business BS: Building Services 6575 Sycamore Rd. License FD: Fire Department GP: Grading PD: Police Department Permit CE: City Engineer Planned Development Overlay X31 BP: Building Permit WW: Wastewater CA CitMomey FI: Final Inspection TO: Temporary Occupancy F0: Final Occupancy Planning Services 1. The approval of this use permit shall become final and effective for the FM PS purposes of issuing building permits thirty (30) days following the City Council approval of the Zone Text Amendment and Zone Map Change applications 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 approve BP/FM PS, CE 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. 3. Approval of this Conditional Use Permit shall be valid for twenty four (24) BP/FM 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 received 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 project. 5. All subsequent Tentative Map and construction permits shall be consistent with BP/FM PS, CE the Master Plan of Development contained herein. 6. All site development and future use shall comply with the standards of the BP PS, BS Planned Development -31 Overlay District. 7. All site work, grading, and site improvements shall be consistent with the BP/FM PS, BS, CE Master Plan of Development as shown in EXHIBIT B. 8. All landscaping shall be drought tolerant and shall be designed to screen the GP/BP PS proposed use from adjacent residences and the historic Anza trail. Buffering of the historic Anza trail shall consist of a minimum 6 -feet of landscaping and shall be maintained by the Atascadero BMX Association and/or those responsible for the proposed BMX track asspecified by the licensing agreement with the City. 1 1 1 City of Atascadero Resolution No. 2007-099 Page 5 of 12 Conditions of Approval / Timing Responsibility/ Mitigation Mitigation Monitoring Program Monitoring Measure FM Final Map PS: Planning Services BL: Business BS: Building Services 6575 Sycamore Rd. LicenseFD: Fire Department GP: Grading PD: Police Department Permit CE: City Engineer Planned Development Overlay #31 BP: Building Permit WW: Wastewater CA City Attorney FI: Final Inspection TO: Temporary Occupancy F0: Final Occupancy 9. No exterior lighting shall be permitted as part of this project BP PS 10. The developer and/or subsequent owner(s) shall assume responsibility for the FM/ PS continued maintenance of all landscape and common areas. Ongoing 11. Fencing around the project boundaries shall be brown or green vinyl clad chain FM/BP PS, CA link fencing. 12. Parking shall be limited to the areas shown on the grading / site plan. No Ongoing PS parking will be permitted along Sycamore Rd. or on any other property or any other portion of the Atascadero Mutual Water company property. 13. If the use is ever discontinued for more that 9 months, the site shall be restored Ongoing PS to its natural state at the cost of the applicant. A restoration plan shall be submitted to the City for review and approval. 14. The BMX track shall be used by non -motorized bikes only. Ongoing PS 15. The facility shall be limited to one speaker for the announcer tower. Any Ongoing PS additional amplified sound devices shall be prohibited. 16. Should any soil amendments or additives be used on the track for controlling Ongoing PS dust or any other effect, the material shall be reviewed and analyzed for environmental impacts and shall be approved by the Community Development Department prior to application. City Engineer Project Conditions 17. A sight distance analysis shall be completed prior to the issuance of building GP, BP CE permits. Sight distance from the site access driveway shall comply with City standards and obstructions shall be moved or modified as necessary. 18. The project engineer shall provide a report analyzing impacts of dirt movement GP, BP CE and structures within the floodway and will show that the proposed improvements will not impact the floodway. 19. All structures shall be designed to be movable. All structures shall be removed GP, BP CE from the floodway between December 1St and March 1St. The applicant shall be prepared to move all structures between October 151h and April 151h if deemed necessary by the City Engineer. 1 1 1 City of Atascadero Resolution No. 2007-099 Page 6 of 12 Conditions of Approval / Timing Responsibility/ Mitigation Mitigation Monitoring Program Monitoring Measure FM. FM Map PS: Planning Services BL: Business BS: Building Services 6575 Sycamore Rd. License FD: Fire Department GP: Grading PD: Police Department i Planned Development Overlay #31 Permil BP: Building Perrnt CE: City Engineer WW: Wastewater CA Coy Attorney i FI: Final I Inspection TO: Temporary Occupancy F0: Final Occupancy 20. An encroachment permit from Caltrans shall be required prior to issuance of GP, BP CE any building permits showing overflow parking under the existing Highway 41 bridge. Should a Caltrans encroachment permit not be obtained, the BMX facility will be limited to only the main parking area shown on the plans. Mitigation Measures Mitiqation Measure 1.c.1: Landscape buffering shall be provided between the BP PS 1.c.1 BMX facility and the Anza trail. Landscaping shall include evergreen native shrubs such as Ceanothus, Manzanita and Flannel Bushes. Advertisements and signage will be placed so that no signs are visible from Sycamore Rd or the historic Anza trail. Mitigation Measure 1.d.1: Lighting will be limited to low-level safety lighting. No BP/ PS 1.d.1 track or event lighting will be permitted. Ongoing Mitigation Measure 3.b.1: Dust Control Measures - The project as described in BP PS/CE/BS 3.b.1 the referral will not likely exceed the APCD's CEQA significance threshold for i degradation of air quality. However, construction and proposed activities can generate fugitive dust, which could be a nuisance to local residents and businesses in close proximity to the proposed site. Dust complaints could result in a violation of the District's 402 "Nuisance" Rule. APCD staff recommend the following measures be incorporated into the protect to control dust during construction and throughout the life of the proposed use: Reduce the amount of the disturbed area where possible; I 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; I All dirt stock -pile areas should be sprayed daily as needed; and I 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. Mitigation Measure 3.b.2: The track will be watered and maintained to control dust BP PS/CE 3.b.2 off of both the track and associated improvements such as the parking areas. 1 1 1 City of Atascadero Resolution No. 2007-099 Page 7 of 12 Conditions of Approval / Timing Responsibility/ Mitigation Mitigation Monitoring Program Monitoring Measure FM Find Map PS: Planning Services BL: Business BS: Building Services 6575 Sycamore Rd License FD: Fire Department GP: Grading PD: Police Department Permit CE: Cily Engineer Planned Development Overlay ,#31 Perm t Building Ck �as�te mey FI: Final Inspection TO: Tenporary Occupancy F0: Final Ocapancy Mitigation Measure 4.e.1: Grading and excavation work shall be consistent with BP PS 4.e.1 the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: 1. All existing trees outside of the limits of work shall remain. 2. Earthwork shall not exceed the limits of the project area. 3. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 4. Vehicles and stockpiled material shall be stored outside the drip line of all trees. Mitigation Measure 4.c.1: The riparian shall be fenced off during initial BP PS 4.c.1 construction. The permanent fencing to be installed shall denote the limits of future activity and use. Mitigation Measure 5.a.1: The historic Anza trail will be relocated outside the BP PS 5.a.1 project boundary and shall be constructed in a manner which is consistent with current use of the trail. Mitigation 5.d.1: Should any human remains be discovered on the property, all BP PS 5.d.1 work on the project should stop and the County Coroner contacted. If the human remains are identified as being Native American, the California Native American Heritage Commission (NAHC) should be contacted at (916) 653-4082. Mitigation Measure 6.b.1: All detention and erosion control measures shall BP/ CE 6.b.1 remain in place for the life of the project. Any subsequent earthwork and/or Ongoing redesign of the BMX course shall be compatible with the originally approved grading plan for the site. Any additional grading in excess of 50 cu yds shall require additional permits through the City. Mitigation Measure 6.b.2: Construction activities are subject to review for BP CE 6.b.2 compliance with City drainage and grading regulations. Drainage will not be permitted to create or intensify any hazards for persons or property in the vicinity. Mitigation Measure 8.h.i.1: All structures will be portable. Structures will be Ongoing CE 8.h.i.1 removed from the site no later than December 151 and may not be re-established at the site until March 1 st. In the case of a storm or flood event during the BMX season, or at any other time as instructed by the City Engineer, all structures shall be removed and shall not be returned until permitted by the City Engineer. Mitigation Measure 8.h.i.2: No net fill material shall be permitted at the project site. BP/ CE 8.h.i.2 Any imported fill must be accompanied by equivalent export of existing material Ongoing from the site. Any export material shall be approved by the City Engineer and a traffic plan with designated export routes and receiver sites shall be submitted to the Community Development Department and the City Engineer for review and approval. Mitigation Measure 11.d.1: All construction and subsequent use activities shall Ongoing PS 11.d.1 comply with the City of Atascadero Noise Ordinance for hours of operation. City of Atascadero Resolution No. 2007-099 Page 8 of 12 Conditions of Approval / Timing Responsibility/ Mitigation Monitoring Measure Mitigation Monitoring Program FM: Final M4 p PS: Planning Services BL: Business BS: Building Services 6575 Sycamore Rd, License FD: Fire Department GP: Grading PD: Police Department Permit CE: City Engineer Planned Development Overlay #31 BP: Building Permit WW: Wastewater CA City Atlomey FI: Final Inspection TO: Temporary Occupancy F0: Final Occupancy Mitigation Measure 11.d.2: Amplified sound will be limited to low-level building Ongoing PS 11.d.2 mounted equipment on the announcer's tower. Amplified sound will only be used for events and not for routine practices. Signage shall be posted by the applicant at the front gate alerting users of the rules for amplified sound and a contact number for the applicant's designee will be listed so that any use of amplified sound outside the allowed times can be reported. 1 1 1 1 1 City of Atascadero Resolution No. 2007-099 Page 9 of 12 EXHIBIT B: Master Plan of Development I Site Plan 14 �♦ , $F ly E i! g o �A 69D i e P t @gp O© z F � i c n = IISM -_ - A HIGHWAY 't4 �� tc i♦` i;�- f�p a � 6 9i} ``jt ii`i ; Fi ��a s Off y} Ig ♦ il4 9E � - J _� 14.� v $ 3 !6 9n9 i}y Q �� �����i ��j j�.� Y ® •' A A es j ai i6`1 } }I a q jj eZ. Ifl f 'i @@7 4 f V c=i @ a}i};�c'tI� fil 11 a4a a k 1 1 1 City of Atascadero Resolution No. 2007-099 Page 10 of 12 EXHIBIT C: Grading Plan dTl MN Y9YN 87px1'Qu IS a Hit - poll it- eaeeee /.iI 11` II i5g`p I. ytt 1 I' II fill i'l � i ! t! P M .� / / i /qi//fir' // '/!.o / ,� � `•}1� �-Y�=� -"�'� , � r �#S n xr� IY;' a 6 pee Is ��d �� i / /,`,�-�+I�.t� �?<�+,; ������4�e1"�?•\� 1 (� @ ip� I t� it I{� J Y zed w > t�� J a 1 1 City of Atascadero Resolution No. 2007-099 Page 11 of 12 EXHIBIT D: Erosion Control Plan ®re d�'��°'�9{'f✓S�QJ R�$e t1{{{4 a � � � a R Yy1, "q• ME )� iq 1 � lll.� r�/r� ���9i ��- /r ♦ 1N1' ``t�� e; 9f �6,4I \ 1,1t UP 1 \ F g 6 { { e , %�� • � 1 I%I i-1 i � it ' `I `�� `♦ ; i � Y i I r�/'r I \I li rr/� ♦ \ � 'Iyy I I �It Q i��♦( i i� II, 1' ` '; '// IIF I $' { �i ��E � #E: � i�°{� `a\ i i � ♦� � �� •i 'iq;i'llu i:(Il�d i i� �� �, F 53 Jill 7 a jjjjnx ♦\I i ni ��;#p y I Ipl�lm ,II i ' lil II i I � �� � i �i {��� 4 ,Fa� l yy a I r I I! y r r iq / iq, � ar'//� �' /fir.. ?t � I 1 -. '•- "" ' � ' , '���.R. �6HIR�.,�. r,t'1_I- ^-�-_=�'�i'�♦� /r �/ ill i Q IS...S.q �I1 �w 2y g � {•rF {(a w ! ? i ix w 1 i J p 1 • •"� � ti K [eF �;;.. � :� 9 w � i� �F�t{�I a a , 1 1 1 City of Atascadero Resolution No. 2007-099 Page 12 of 12 EXHIBIT E: Landscape Plan