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HomeMy WebLinkAbout2006-096 RESOLUTION NO 2006-096 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO APPROVING AMENDMENTS TO SPECIFIC PLAN 2003-0001, CONDITION #63, AND TENTATIVE TRACT MAP 2003- 0027, CONDITION #49, FOR THE LAS LOMAS (FORMERLY WOODLANDS) DEVELOPMENT TO ALLOW FOR THE INSTALLATION OF ALTERNATIVE US 101/SANTA BARBARA ROAD INTERCHANGE IMPROVEMENTS (Woodlands Specific Plan, Halcon Road / R.W Hertel & Sons, 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 (SFR-X) Single-Family Residential-X, (SFR-Y) Single-Family Residential-Y, (HDR) High Density Residential, (GC) General Commercial, (OS) Open Space, and, WHEREAS, the site's current zoning district is SPA (Specific Plan 1), 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 Now following actions City of Atascadero Resolution No 2006-096 Page 2 of 5 SECTION 1 Findings for Approval of the Conditional Use Permit Amendments The City Council finds as follows I 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. FindinlIs of Approval for Vestinp_ 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 VaW Development Overlay District-12 Master Plan of Development (CUP 2003-0033) City of Atascadero Resolution No 2006-096 Page 3 of 5 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 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 Specific Plan 2003-0001, condition 63, and TTM 2003-0027, condition 49, to allow alternative interchange improvements consistent with. EXHIBIT A Amended Conditions of Approval "'fir► City of Atascadero + Resolution No 2006-096 Page 4 of 5 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 OF ATASCADERO, CA N r � Tom O'Malley, Mayor ATTEST Marcia McClure Torgerson, C.M C ,,` ity Clerk APPROVED AS TO-FOAM. 741, atrick�L. Ey right, City Attorney City of Atascadero Resolution No 2006-096 Page 5 of 5 tlrr EXHIBIT A Amended: Revised SP 2003-0001 Condition 63 and TTM 2003-0027 Condition 49 The following off-site traffic mitigations shall be the responsibility of the project: A. Santa Barbara Road/EI Camino Real Install Traffic Signal/Widen Intersection This is required to be installed prior to occupancy of the first unit. The design and construction costs for the signal widening and any and all other improvements to this intersection and surrounding area,will be counted as credit toward the Traffic Impact Fee B Viejo Camino/EI Camino Real. Install Traffic Signal The City Engineer is requiring this improvement. This is a `T" intersection and the left turn movement off of Via Camino is a low volume movement. This improvement was not identified as a need improvement in the City of Atascadero Circulation Element. Applicant shall only be responsible for the project's eighteen point four percent (18 4%) fair share of the estimated cost of this work as indicated by the Traffic Study C Halcon Road/Via Camino. dedicated westbound right and left turn lanes This is required to be installed prior to the occupancy of the first unit. The improvement is the sole responsibility of this development. D Santa Barbara Road/US 101 Interchange Las Lomas Developer shall pay it's prorate share of the short and long term Santa Barbara Road/US 101 Interchange traffic mitigation measures to the City for the planning design and construction of the improvements per the following percentages ➢ Santa Barbara Road/US 101 SB Ramps. Install traffic improvements fair share percentage(25.8%) ➢ Santa Barbara Road/US 101 NB Ramps. Install traffic improvements fair share percentage(27 5%) ➢ Santa Barbara Road/San Antonio Road Install traffic improvements fair share percentage(26.2%) The developer may record a reimbursement agreement against future trip generation facilities to recoup a portion of the cost of construction E. Provide 3-way stop at Halcon Road/Project Entrance F These interchange 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. The Las Lomas developer is required to submit engineers estimate for the cost of construction of the Viejo Camino/EI Camino Real improvements. These funds will be placed in an account for the Santa Barbara Interchange and the Viejo Camino/EI Camino Real intersection. The developer may pay the amount incrementally with each building permit. *40,