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HomeMy WebLinkAbout2006-095 r �,„► RESOLUTION NO 2006-095 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING AMENDMENTS TO CONDITIONAL USE PERMIT 2003-0099, CONDITION #78, AND TENTATIVE TRACT MAP 2003-0033, CONDITION #34, FOR THE DOVE CREEK DEVELOPMENT TO ALLOW FOR THE INSTALLATION OF ALTERNATIVE US 101/SANTA BARBARA ROAD INTERCHANGE IMPROVEMENTS (Dove Creek/ Centex Homes, Inc.) WHEREAS, an application has been received from the City of Atascadero, (6905 El Camino Real, Atascadero, Ca 93422) applicant to consider a project consisting of an amendment to Conditional Use Permit 2003-0099 and Tentative Tract Map 2003-0033 to allow for the installation of alternative US 101 / Santa Barbara interchange improvements, and, WHEREAS, the site's General Plan Designation is (MU) Mixed-Use, and, WHEREAS, the site's current zoning district is CR/RMF-10/OS/PD-12, and, WHEREAS, Caltrans has reviewed and denied the original traffic mitigation solution conditioned for the US 101 / Santa Barbara interchange, and, WHEREAS, the City of Atascadero has hired a consultant to propose alternative solutions that mitigate the traffic impacts of the Dove Creek project and maintain an adequate level of service at build-out; 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 Public Hearing upon the subject amendment was held by the City Council of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said amendments, and, WHEREAS, the City Council of the City of Atascadero, at a Public Hearing held on October 24, 2006, studied and considered the proposed amendments, and, NOW, THEREFORE, the City Council of the City of Atascadero takes the following actions City of Atascadero Resolution No 2006-095 Page 2 of 6 SECTION 1 Findings for Approval of the Conditional Use Permit .• Amendments The City Council finds as follows 1 The proposed project or use is consistent with the General Plan, and, 2 The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) including the PD-12 Ordinance, 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 Master Plan of Development document standards or processing requirements is warranted to promote orderly and harmonious development, and 6 That 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; and 7 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 8 Benefits derived from the Master Plan of Development and PD-12 overlay zone cannot be reasonably achieved through existing development standards or processing requirements, and 9 The proposed project offers certain redeeming features to compensate for the requested zone change, and 10 All residential units and buildings, as conditioned are of exceptional design quality warranting the granting of a 15% density bonus SECTION 2 Findings of Approval for Vesting Tentative Tract Map Amendments, the City Council 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-12 overlay district. 2 The proposed subdivision, as conditioned, is consistent with the proposed Planned Development Overlay District-12 Master Plan of Development (CUP 2003-0033) err 3 The site is physically suitable for the type of development proposed. City of Atascadero Resolution No 2006-095 Page 3 of 6 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 inure 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 Covenants, Conditions and Restrictions (CC&R's) or equivalent shall be required that incorporate the Master Plan of Development conditions of approval to ensure that the site retains the proposed qualities (architecture, colors, materials, plan amenities, fencing, and landscaping) over time 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 3 Approval of Amendments. The City Council of the City of Atascadero does hereby approve an amendment to Conditional Use Permit 2003-0099, condition 78, and TTM 2003-0033, condition 34, to allow alternative interchange improvements consistent with. EXHIBIT A. Amended Conditions of Approval City of Atascadero Resolution No 2006-095 Page 4 of 6 On motion by Council Member Clay, and seconded by Council Member Luna, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote AYES Council Members Clay, Luna and Pacas NOES None ABSENT Mayor O'Malley One Vacancy ABSTAIN None ADOPTED October 24, 2006 CITY F ATASCADERO, CA By• � ' Tom O'Malley, Mayor ATTEST Marcia McClure Torgerson, C.M.0)"City Clerk APPROYED,-AS TO RM J f/f Patrick L Enrjjh , City Attorney City of Atascadero Resolution No 2006-095 Page 5 of 6 EXHIBIT A Amended: Revised CUP Condition 78 and TTM 2003-0033 Condition 34 CUP 2003-0099 Condition 78 and TTM 2003-0033 Condition 34. Traffic Mitigation. A Traffic Impact Study was produced for this project by Omni-Means In the study there are recommended mitigation measures. Listed below are conditions to implement the mitigation measures A. Santa Barbara Road/EI Camino Real Install Traffic Signal This is required to be installed prior to the first unit occupied The construction costs for the signal will be counted as credit toward the Traffic Impact Fee. B Santa Barbara Road/US 101 Interchange Units to occupy Prepare a map showing the units that occupancy is requested,with the dates of occupancy prior to the installation of the short term traffic mitigation Detail how on-site access to the units will be obtained Fair Share Traffic Fee shall be paid as occupancy permits are issued. Centex will provide a letter that the existing bonds in place are for the short term traffic mitigation. The above items will be completed prior to the occupancy of any units. (The above items will be completed prior to the occupancy of Units 1-16) The City and Centex Homes will enter into an Agreement for the short and long traffic mitigations measures. (The above items will be completed prior to the occupancy of Units 17-69) Short term traffic mitigation. Short term traffic mitigation is providing LOS 'C" or better on all legs of the interchange (including San Antonio Road) at existing plus approved/pending projects plus project condition" Centex shall prepare a Traffic Report addressing the short term impacts to the interchange with all the homes occupied by Dove Creek, Las Lomas and Southside Villas and the commercial development at Dove Creek and recommends traffic mitigation measure. Dove Creek Developer shall install these mitigation measures before any more units are occupied or before July 1 2007 Final approval of these improvements is with the City of Atascadero and Caltrans. (The above items will be completed prior to the occupancy of Units 70-85) Long term traffic mitigation. The goal of long term traffic mitigation is providing mitigation equivalent or better than what was analyzed in the Dove Creek Mixed Used Development/ Mitigated Negative Declaration The Dove Creek Developer shall provide an analysis of feasible long term improvements to maintain the desired level of service Once the analysis is complete, the City will decide (with Caltrans and Dove Creek Developers concurrence)what improvements will be needed This analysis may result in the application for an encroachment permit from Caltrans to install the necessary improvements or higher level planning document (PSR/PDS PSSR, Roundabout Study report, etc.) prior to application for an encroachment permit. A Memorandum of Understanding (MOU)shall be sign by the Dove Creek Developer and the City detailing responsibilities and schedules.Occupancy of all remaining units shall be defined in the MOU B. Viejo Camino/EI Camino Real- Install Traffic Signal (33.4%) C San Diego Way/EI Camino Real: Install Traffic Signal (314%) The improvements listed in C and D are improvements that are not identified as needed improvements in the City of Atascadero Circulation Element and the Growth Mitigation Program. Therefore,the growth mitigation fee does not cover the improvements. N100#1 The developer is required to submit engineers estimate for the cost of construction of the improvements. The developer shall pay the percent 'fair Share of the engineer's estimates. These funds will be placed in an account for the improvements. The developer may pay the amount City of Atascadero ' Resolution No 2006-095 Page 6 of 6 incrementally with each building permit. ®rr► D Santa Barbara Road between EI Camino Real and US 101 Construct two-lane road with left turn channelization, bike lanes and pedestrian sidewalk. E. EI Camino Real between Santa Barbara Road and project north boundary Construct two southbound and one northbound travel lanes bike lanes in both directions median and left turn channelization. All public improvements shall be constructed in conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer Ift