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HomeMy WebLinkAboutResolution 2005-020 RESOLUTION NO. 2005-020 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA,APPROVING TENTATIVE PARCEL MAP 2004-0066, A FOUR LOT SUBDIVISION CONSISTENT WITH A PD-7 MASTER PLAN OF DEVELOPMENT, APN 030-121-026 (7392 Santa Ysabel Avenue/Gannage) WHEREAS, an application has been received from Aaron Gannage (P.O. Box 6411, Los Osos, CA 93412), Applicant and Property Owners, Patrick Kennedy (121 LePoint St., Arroyo Grande, CA 93420) and Christopher Blair (750 Upper Los Berros Rd., Nipomo, CA 93444), to consider a project consisting of a Zone Change from RMF- 16 (Residential Multi-Family -16) to RMF-16 / PD-7 (Residential Multi-Family -16 with Planned Development Overlay #7) with the adoption of a Master Plan of Development, and a four lot Tentative Parcel Map on APN 030-121-026; and, WHEREAS, the site's General Plan Designation is HDR (High-Density Residential); and, WHEREAS, the Planning Commission has recommended that the site's Zoning %W District be changed from RMF-16 (Residential Multi-Family-16) to RMF-16/PD-7 (Residential Multi-Family-16/Planned Development Overlay#7); and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2005- 0001 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 Tentative Tract 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 application; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on February 15, 2005, studied and considered Tentative Parcel Map 2004-0066, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project; and, City of Atascadero Resolution No.2005-020 Page 2 of 12 WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing held on March 22, 2005, studied and considered Tentative Tract Map 2004- 0066, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project; and, NOW, THEREFORE, the City Council of the City of Atascadero takes the following actions: SECTION 1. Findings of Approval for Tentative Tract Map, 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. 2. The proposed subdivision, as conditioned, is consistent with the proposed Planned Development Overlay District #7 Master Plan of Development (CUP 2004-0138). 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. Covenants, Conditions and Restrictions (CC&R's) shall be required that incorporate the planned development conditions of approval to ensure that the site retains the qualities (architecture, colors, materials, street 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 2. Approval. The City Council of the City of Atascadero, in a regular session assembled on March 22, 2005, resolved to approve Tentative Parcel Map (TPM 2004-0066) subject to the following: 1. Exhibit A: Vesting Tentative Parcel Map 2004-0066 2. Exhibit B: Conditions of Approval/Mitigation Monitoring Program. City of Atascadero Resolution No.2005-020 Page 3 of 12 On motion by Council Member Clay and seconded by Mayor Pro Tem O'Malley, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: Council Members Clay, O'Malley, Pacas and Mayor Scalise NOES: Council Member Luna ABSENT: None ADOPTED: April 12, 2005 CITY OF ATASCA DERO By: —We dy Sca , Mayor ATTEST: l f Gt 2 Marcia McClure Torgerson, C.M.C., cry Clerk APPROVED AS TO FORM:_ Patrick L. Enright: ty Attorney , City of Atascadero Resolution No.2005-020 Page 4 of 12 Exhibit A:Vesting Tentative Parcel Map 20040066 sill Willi ° a of Wry 1 U# .a► Ilk! �C a 7 3 8 V S A Y 1 N Y S -'ion 9 saa.u.� iw " I" LtWO" It City of Atascadero Resolution No.2005-020 Page 5 of 12 Exhibit B:Conditions of Approval/Mitigation Monitoring Program ,r+ Tentative Parcel Map 2004-0066 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP:Grading Permit PS:Planning Services 7392 Santa Ysabel BP:Building Penn BS:Building Services SIP:Subdivisbn FD:Fre Department Improvement Plans PD:Police Department FM:Final Map CE:City Engineer Tentative Parcel Map TO:Temporary WW:wastewater Occupancy CA Ciy Allomey TTM 2004-0066 FI:Final iepection AMWC:water Comp. F0:Final Occupancy Planning Services 1. The approval of this Tentative Parcel Map shall not become final and FM PS effective following approval of Zone Change 2004-0090 and CUP 2004-0138. 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 Parcel Map and that the Final Map is in substantial conformance with the Tentative Map. 4. The Tract Map shall be subject to additional fees for park or recreation FM PS purposes(QUIMBY Act)as required by City Ordinance. 5. The applicant shall record CC&R's for the subdivision subject to the FM PS review and approval of the City Engineer, City Attorney, and Planning Services.The CC&R's shall identify the maintenance responsibilities of all private driveways, sewer facilities, drainage facilities, common parking areas, site lighting, landscape areas, fencing, and other common facilities.The CC&R's shall also state that all exterior colors, exterior materials, yard fencing, and site landscaping shall be consistent with the overall master plan of development. Any subsequent changes to the CC&R's, related to items required by the Master Plan of Development or this approval, shall be subject to City approval,and including those provisions outlined in Condition 12 of this section. 6. The granting of this entitlement shall apply to the property located at On going PS 7392 Santa Ysabel Avenue(APN 030-121-026)regardless of owner. 7. 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. 8. 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 City of Atascadero Resolution No.2005-020 Page 6 of 12 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP.Grading Permit PS:Planning Services BP:Building Porn t BS:Building Services 7392 Santa Ysabel SR.Subdivscn FD:FireDeparftnt Improvement Plans PD:Police Department FM:Final Map CE:City Engineer Tentative Parcel Map TO:Tanwrary WW:wastewater Occupancy CA:City Attorney TTM 20040066 Fl:Final inspection AMWC:Water comp. F0:Final Ocm para the Subdivision Map Act and the City's Subdivision Ordinance. 9. Affordable Housing Requirement: The applicant shall either designate FM PS,CE one unit as moderate-income unit,deed-restricted for a 30-year period or pay an in-lieu fee of 5% of the valuation of the market rate unit(s) prior to or concurrent with final map. 10. Affordable Workforce Housing FM PS,CE Prior to recordation of final map,the applicant shall enter into a legal agreement with the City to reserve,h of the units for sale to residents or workers within the City of Atascadero, including the affordable units. The agreement shall include the following provisions: The units shall be offered for sale to residents or workers within the City of Atascadero for a minimum of 60-days. During this time period offers may only be accepted from Atascadero residents or workers; The applicant shall provide reasonable proof to the City that at least one of the qualified buyers is a resident or worker within the City Limits of Atascadero; The Atascadero resident or worker restriction shall apply to the initial sale only; The applicant shall identify which units will be reserved;and The City Attorney shall approve the final form of the agreement. 11. Prior to final map, the applicant shall submit CC&Rs for review and FM PS,CE approval by the Community Development Department. The CC&R's shall record with the Final Map and shall include the following: a. Provisions for maintenance of all common areas including access,parking,street trees,fencing and landscaping. b. A detailed list of each individual homeowner's responsibilities for maintenance of the individual units. c. Individual unit's responsibility for keeping all trash receptacles within the unit's side yard or garage. d. A provision for review and approval by the City Community Development Department for any changes to the CC&R's that relate to the above requirements prior to the changes being recorded or taking effect. City of Atascadero Resolution No.2005-020 Page 7 of 12 Conditions of Approval/ Timing Responsibility Mitigation 1%rw Mitigation Monitoring Program /Monitoring Measure GP:Grading Perrrq PS:Planning Services 7392 Santa Ysabel BP.Building Permit BS:Building Services SIP:Subdivision FD:Fre Department Improvement Plans PD:Police Department FM:Final Map CE Cly bgneer Tentative Parcel Map TO:Temporary WW:wastewater oxyiancy CA Ciy Attorney TTM 2004-0066 FI:Anat wgmt*n AMWC:water Comp. FO:Final Oxuparicy 12. The emergency services and facility maintenance costs listed below FM PS shall be 100% funded by the project in perpetuity. The service and maintenance costs shall be funded through a community facilities district established by the City at the developer's cost. The funding mechanism must be in place prior to or concurrently with acceptance of the final maps. The funding mechanism shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any final map. The administration of the above mentioned funds shall be by the City. Developer agrees to participate in the community facilities district and to take all steps reasonably required by the City with regard to the establishment of the district and assessment of the property. ■ All Atascadero Police Department service costs to the project. ■ All Atascadero Fire Department service costs to the project. ■ Off-site common City of Atascadero park facilities maintenance service costs related to the project. 13. All tract maintenance costs listed below shall be 100%funded by the FM PS project in perpetuity. The service and maintenance cost shall be ,low funded through a Home Owners Association established by the developer subject to City approval. The Home Owners Association must be in place prior to, or concurrently with acceptance of any final maps. The Home Owners Association shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any Final Map. The administration of the above mentioned funds, and the coordination and performance of maintenance activities,shall be the responsibility of the Home Owners Association. ■ All streets,sidewalks,roads,and sewer mains within the project. • All drainage facilities and detention basins. ■ All common landscaping areas, street trees, medians, parkway planters, manufactured slopes outside private yards, and other similar facilities. ■ All frontage landscaping and sidewalks along arterial streets Engineering Conditions: 14. All public improvements shall be constructed in conformance with FM/FO PW the City of Atascadero Engineering Department Standard Specifications and Drawings and/or as directed by the City Engineer. 15. In the event that the applicant is allowed to bond for the public FM PW improvements required as a condition of this map, the applicant City of Atascadero Resolution No.2005-020 Page 8 of 12 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP:Grading Permit PS:Planning Services BP:Building Pernd BS:Building Services 7392 Santa Ysabel SIP:Subdivision FD:Fire Department Improvement Plans PD:Police Department FM:Final Map CE:City Engineer TO:Temporary WW:wastewater Tentative Parcel Map Occupancy CA:City Atlomey TTM 20040066 FI:Final inspection AMWC:water Cone. F0:Final Occupancy shall enter into a Subdivision Improvement Agreement with the City Council. 16. An engineer's estimate of probable cost shall be submitted for FM PW review and approval by the City Engineer to determine the amount of the bond. 17. The Subdivision Improvement Agreement shall record FM PW concurrently with the Final Map. 18. An encroachment permit shall be obtained prior to the issuance of BP PW building permit. 19. A six (6) foot Public Utility Easement (PUE) shall be provided FM PW contiguous to the Sinaloa Avenue property frontage. 20. The applicant shall be responsible for the relocation and/or BP PW alteration of existing utilities. 21. The applicant shall install all new utilities (water, gas, electric, BP PW cable TV and telephone)underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 22. The applicant shall monument all property comers for construction FM PW control and shall promptly replace them if disturbed. 23. The applicant shall acquire title interest in any off-site land that FM PW may be 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. 24. Slope easements shall be provided as needed to accommodate FM PW cut of fill slopes. 25. Drainage easements shall be provided as needed to FM PW accommodate both public and private drainage facilities. 26. A preliminary subdivision guarantee shall be submitted for review FM PW in conjunction with the processing of the parcel map. 27. All existing and proposed utility, pipeline, open space, or other FM PW 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 parcel map. City of Atascadero Resolution No.2005-020 Page 9 of 12 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP:Grading Pernik PS:Planning Services BP:Building Pemit BS:Building Services 7392 Santa Ysabel SIP:Subdivision FD:Fine Department Improvement Plans PD:Police Department FM:Final Map CE:City Engineer TO:Temporary WW:Wasteveter Tentative Parcel Map Occupancy CA CityAdomey TTM 20040066 Fl:Final nspectbn AMWC:water comp. FO:Final Occupancy 28. The final map shall be signed by the City Engineer prior to the FM PW map being placed on the agenda for City Council acceptance. 29. Prior to recording the parcel map,the applicant shall submit a map FM PW 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. 30. Prior to recording the parcel map, the applicant shall set FM PW monuments at all new property corners.A registered civil engineer or licensed land surveyor shall indicate by certificate on the parcel map,that comers have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 31. Prior to recording the parcel map, the applicant shall pay all FM PW outstanding plan check/inspection fees. 32. Prior to recording the parcel map,the applicant shall complete all FM PW err+ improvements required by these conditions of approval. 33. Prior to recording the parcel map,the applicant shall have the map FM PW 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. 34. Upon recording the final map, the applicant shall provide the City FM PW with a black line clear Mylar(0.4 mil)copy and a blue line print of the recorded map. 35. Prior to the final inspection of any public improvements, the BP PW applicant shall submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans. 36. Prior to the final inspection, the applicant shall submit a written BP PW certification from a registered civil engineer or land surveyor that all survey monuments have been set as shown on the final map. City Engineer Project Conditions 37. Driveway approaches shall be constructed to current ADA FM/BP PW regulations. This includes a 4-foot landing at the back of the driveway approach. If necessary, applicant shall supply ublic City of Atascadero Resolution No.2005-020 Page 10 of 12 Conditions of Approval I Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP:Grading Permit PS:Planning Services 7392 Santa Ysabel BP:Building Pemd BS:Building Services SIP:Subdivision FD:Fire Department Ir provement Plans PD:Poke Department FM:Final Map CE:Cily Engineer Tentative Parcel Map TO:Tenwrary WW:wastewater Occupancy CA City Altomey TTM 2004-0066 Fl:Final hwtion AMWC:Water Comp. F0:Final fkcuparxy pedestrian easement to allow for landing. 38. Buildings shall be connected by four individual 4"sewer laterals,or FM/BP PW a single 6"sewer lateral. 39. All sewer laterals serving buildings where the finish floor is less FM/BP PW than 12-inches above the next upstream manhole shall be fitted with a backflow prevention device. 40. A drainage report prepared by a civil engineer shall be submitted FM/BP PW for review and approval of the City Engineer, prior to building permit issuance or recordation of the final map. A detention basin shall be provided for all increased runoff in accordance with the City Municipal Code and Engineering Standards. Atascadero Mutual Water Company 41. Before the recording of the Final Map,the applicant shall BP BS submit plans to AMWC for the water distribution facilities needed to serve the project. AMWC shall review and approve the plans before construction begins on the water system improvements. All water distribution facilities shall be constructed in conformance with AMWC Standards and Details and the California Waterworks Standards (Code of Regulations Title 22, Division 4, Chapter 16). All cross-connection devices shall conform to AWWA and California Department of Health Services standards 42. Before the start of construction on the water system BP BS improvements, the applicant shall pay all installation and connection fees required by AMWC. 43. Before issuance of building permits, the applicant shall BP BS obtain a"Will Serve" letter from AMWC for the newly created lots within the subdivision. 44. Separate water meters for domestic water service are BP BS required for each individual lot. Mitigation Measures Mitigation Measure 3.b.1: The project shall be conditioned to comply with 1 BP BS/PS 3.b.1 all 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 City of Atascadero Resolution No.2005-020 Page 11 of 12 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP:Grading Permit PS:Planning Services BP:Building Pemit BS:Building Services 7392 Santa Ysabel SIP:Subdvsbn FD:FireDeparinrenl Inprovement Plans PD:Police Depadrnent FM:Final Map CE:Ciy Engineer Tentative Parcel Map TO:Temporary WW:Wastewater TTM 20040066 Fl:F�i� CA QWaterC np. nspection AMWC:Water Co FO:Final Occuparq Duality 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. _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: • Reduce the amount of the disturbed area where possible. • Use of 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. • All dirt stockpile areas should be sprayed daily as needed. • Permanent dust control measures identified in the approvedproject re- vegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities. • Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading should be sown with a fast- germinating native grass seed and watered until vegetation is established. • 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. • All roadways,driveways,sidewalks,etc,to be paved should 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. • Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. • 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. • Install wheel washers where vehicles enter and exit unpaved roads City of Atascadero Resolution No.2005-020 Page 12 of 12 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP:Grading PerrM PS:Planning Sery m BP:Building Penn BS:Building Services 7392 Santa Ysabel SIP:Subdivision FD:Fire Department Improvement Plans PD:Police Department FM:Final Map CE:City Engineer Tentative Parcel Map TO:Temporary WW:wasiewater Occupancy CA City Atlomey TTM 20040066 Fl:Final inspection AMWC:Water Comp, F0:Friel Occupancy onto streets,or was off trucks and equipment leaving the site. • 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. • 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 6.b.1: All cut and fill slopes shall be hydro seeded with BP BS/PS 6.b.1 an appropriate erosion control method(erosion control blanket,hydro- mulch,or straw mulch appropriately anchored)immediately after completion of earthwork between the months of October 15 through April 15. All disturbed slopes shall have appropriate erosion control methods in place. Duration of the project: The contractor will be responsible for the clean up of any mud or debris that is tracked onto public streets by construction vehicles. Mitigation Measure 4.e.1: The Precise Grading Plan shall identify tree BP BS/PS 4.e.1 protection fencing around the dripline of each existing on-site tree and/or native shrub mass within 20 feet of construction activity. Mitigation Measure 4.e.2: Grading and excavation and grading work shall be consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: • All existing trees outside of the limits of work shall remain. • Earthwork shall not exceed the limits of the project area. • Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. • Vehicles and stockpiled material shall be stored outside the dripline of all trees. • All trees within the area of work shall be fenced for protection with 4- foot chain link,snow or safety fencing placed per the approved tree protection plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing shall remain in place until completion of all construction activities. • Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. Mitigation Measure 6.c.d.1: A soils report shall be required to be submitted BP BS 6.c.d.1 with a future building permit by the building department.The building plans will be required to follow the recommendations of the soils report to assure safety for residents and buildings Mitigation Measure 6.e.1: Percolation tests are required in the City of BP BS/PS 6.e.1 Atascadero before building permits for residences can be issued. Mitigation Measure 11.d.1: All construction activities shall comply with the BP BS/PS 11.d.1 City of Atascadero Noise Ordinance for hours of operation. \\Cityhall\cdvipmnt\-ZCH- Zone Change\ZC 04\ZCH 2004-0090 7392 Santa Ysabel PD-7\ZCH 2004-0090.PC-SR.sm.doc