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�,„► 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
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