Loading...
HomeMy WebLinkAboutOrdinance 286 CERTIFICATION I, Marcia M. Torgerson, City Clerk of the City of Atascadero, hereby certify that the foregoing is the true and correct original of Ordinance No. 286 adopted by the Atascadero City Council at a regular meeting thereof held on March 14, 1995 and that it has been duly published pursuant to State Law. DATED: 1 j Marcia M. Torgerson City Clerk City of Atascadero, California ORDINANCE NO. 286 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING THE ZONING ORDINANCE TEXT AND MAP TO ESTABLISH PLANNED DEVELOPMENT OVERLAY ZONE #11 FOR THE 3-F MEADOWS RANCH DEVELOPMENT PROJECT (ZC 94-001; Davis Family Trust) WHEREAS, the proposed zoning text amendments are consistent with the General Plan as required by Section 65860 of the California Government Code; and WHEREAS, the proposed amendments are in conformance with Section 65800 et seq. of the California Government Code concerning zoning regulations; and WHEREAS, the Environmental Impact Report prepared for the project is adequate and in conformance with the California Environmental Quality Act; and WHEREAS, the Atascadero Planning Commission held a public hearing on February 7, 1995 and has recommended approval of Zone Change 94-001 . NOW, THEREFORE, the Council of the City of Atascadero does ordain as follows: Section 1 . Council Findings. 1 . The proposal is compatible with the surrounding land use and zoning designations. 2. The proposal is consistent with the General Plan Land Use Element and other elements contained in the General Plan, and specifically, the General Plan Circulation Element. 3. The Environmental Impact Report prepared for the project is adequate. Section 2. Zoning Map. The City's Official Zoning Map is hereby amended as shown on the attached Exhibit A and by the addition of the attached Exhibit B indicating the geographical boundaries and phasing plan of the RS (Residential Suburban) PD-11 Zone. Ordinance No. 286 Page 2 Section 3. Zoning Text. The Zoning Ordinance text is hereby amended by the addition of the language shown on the attached Exhibit C. Section 4. Publication. The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published, and circulated in the City in accordance with Section 36933 of the Government Code; shall certify the adopting and posting of this ordinance and shall cause this ordinance and this certification together with proof of posting to be entered into the Book of Ordinances of the City. Section 5. Effective Date. This ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the 31 st day after its passage. On motion by Councilman Carden and seconded by Councilman Johnson, the foregoing Ordinance is approved by the following role call vote: AYES: Councilmembers Carden, Highland, Johnson, Luna and Mayor Bewley NOES: None ABSENT: None ADOPTED: March 14, 1995 CITY OF ATASCADERO By: ZA4�,zC6 a a Cd-z/—R. DAVID BEWLEY, yor ATTEST: LEE I E, City Jerk Ordinance No. 286 Page 3 APPROVED AS TO FORM: AR RT MONT -NDON, ity Attorney PREPARED BY: HENRY ENG , Commu ty Development Director ORDINANCE NO. 286 EXHIBIT C Page 1 Section 9-3 . 655 is hereby added to the Zoning Ordinance as follows : 9-3 . 655 Establishment of Planned Development Overlay Zone No. 11 (PD 11) . The Planned Development Overlay Zone No. 11 is established as shown on the Official Zoning Maps (Section 9-1 . 102) . The conditions of development are established: CONDITIONS OF APPROVAL: Planning Division 1 . To ensure conformance with the provisions of the PD-11 Overlay Zone, a Master Plan of Development shall be prepared which satisfies all of the following conditions prior to the recordation of any final document implementing Lot Line Adjustment 94-005 . The Master Development Plan shall consist of the 1"=40' feet plans entitled "Precise Road Alignment/Lot Grading Plan" amended and supplemented as required by these conditions . 2 . A Mitigation Monitoring Program, prepared in conformance with the Mitigation Monitoring Plan contained in the Final EIR for this project, shall be prepared and implemented prior to the commencement of any construction. Preparation of the Mitigation Monitoring Program shall be the financial responsibility of the applicant . 3 . The applicant shall demonstrate, to the satisfaction of the City Attorney, that adequate title and/or interest has been obtained for the existing Colony rights-of-way within the project boundary prior to approval of the Master Development Plan. 4 . The Master Development Plan shall show the location of building envelopes, leach field areas, and driveways for lots whose average slope exceeds thirty percent (30%) . Said building, leach field and driveway locations shall be subject to the review and approval of the Community Development Director. 5 . Open space easements to provide wildlife corridors shall be provided in conformance with the recommendations of the Final EIR. Limits on fencing and other detrimental uses within easement areas shall be restricted by the project CC&R' s . The location of said easements and CC&R restrictions shall be subject to the review and approval of the Community ORDINANCE NO. 286 EXHIBIT C Page 2 Development Director. 5 . The "Open Space" lots (Lots A, B, & C) as shown on Exhibit B shall be offered for dedication to the City of Atascadero. 6 . Road Abandonment 94-001 shall be completed and all necessary documents shall be recorded prior to,or simultaneously with the recordation of any final document (s) implementing LLA 94- 005 . 7 . Retaining walls shall be used wherever feasible to reduce the amount of grading necessary for the construction of roads and homes . Grading plans shall be reviewed by the City Engineer and Community Development Director to ensure that proposed grading does not exceed that necessary to develop the site . 8 . Road Maintenance Agreements, in a form approved by the City Attorney, shall be prepared and recorded for each group of lots which share a driveway or other common access . Said agreements may be made a part of the CC&R' s, or may be recorded 'as deed restrictions, or may be recorded as separate road maintenance agreements. 9 . The applicant shall prepare a Comprehensive Restoration Plan (CRP) as part of the road improvement plans . The CRP shall be prepared by a qualified professional and shall address plant lists, planting methods (to include slope preparation, mulching and slope protection) , and a maintenance program, including weed control and irrigation. The CRP shall be reviewed and approved by the City Engineer and Community Development Director prior to the issuance of permits for road construction. 10 . The lot line adjustment shall not result in the establishment of any greater number of lots that are nonconforming due to lot size than currently exists. The lot line adjustment shall not result in the establishment of any lot which is smaller than the smallest currently existing Colony lot within the subject site. Fire Department A. Water Supply 1. The minimum required fire flow is 1000 gallons per minute at 20 psi residual pressure for a 120 minute duration in residential development . The required fire flow will increase, as provided in UFC Appendix III-A, based on square feet of residential construction, with a 50% fireflow credit ORDINANCE NO. 286 EXHIBIT C Page 3 for automatic sprinkler systems. Verification must be provided from water company or fire department records in established areas or by a proof of design test at the completion of new on-site water main construction. 2 . Underground fire service mains and appurtenances shall conform to NFPA 24 minimum standard and plans are reviewed by the Fire Department prior to installation. The underground main size shall be a minimum of 8 inch diameter. Water mains and fire hydrants will be installed and in service prior to beginning combustible construction. If combustible building materials are used, the water supply mains and hydrants shall be designed, installed, tested, flushed and approved by the Fire Department prior to any stockpiling or installing any combustible materials . Water supply systems for phased construction shall provide the required fire flow at all phases . 3 . Fire Hydrants 3 . The minimum number and distribution of fire hydrants is one hydrant every 500 feet as provided in UFC Appendix Ill-Ble The fire hydrant will be Atascadero Mutual Water Company specification with one 4 1/2" and one or more 2 1/2" outlets . Existing hydrants may be adequate, provided they consist of a minimum of one 4 1/2" and one 2 1/2" outlet . New hydrant color will be Safety Yellow for public right-of-way and Safety Red for private right-of-way. All hydrants in the public right-of-way to have "Blue Dot" highway reflector installed on the adjacent street of driveway to clearly identify the fire hydrant location. 4 . The dwellings shall be equipped with a residential automatic fire sprinkler system. The sprinkler system will be designed and installed according to NFPA Pamphlet #1 3D. The fire department requires a minimum 1" water meter for residential sprinkler systems. B. Fire Apparatus Access 1 . If combustible construction materials are used, all required public access roadways shall be completed to a minimum width of 201 , capable of supporting 40, 000 Ibs. , with an all-weather surface, to within 150' of all stockpiles and all sides of buildings with combustible construction. Said access roadways to be posted "NO STOPPING/FIRE LANE" and shall not be used for the storage of materials . ORDINANCE NO. 286 EXHIBIT C Page 4 Proposed private roads, driveways or extensions of existing roads shall be designed and constructed as follows : a. Single-family residential access road. A vehicular access to more than one parcel or vehicular access to a single parcel with more than two buildings or more than three dwelling units shall be 12 feet width for one-way traffic and 1 6 feet width for two-way traffic. The road shall also provide for a 1 0 foot fuel modification area on each side . b. Driveway. A vehicular access to a single parcel with one or two buildings, having no more than 3 dwelling units on a single parcel and any number of accessory buildings . LENGTH REQUIRED WIDTH 0-49 feet 12 feet 50-99 feet 14 feet Greater than 200 feet 16 feet note 1 and note 2 NOTE: 1 . For driveways exceeding 300 feet, turnaround shall be provided at the building site and must be within 50 feet of the dwelling. 2 . For driveway exceeding 800 feet, a turnout shall be provided at the midpoint or every 400 feet . 2 . Fire apparatus access roads shall have an unobstructed vertical clearance of not less than 13' 611 . Driveways shall have not less than 15 feet of vertical clearance . 3 . Fire apparatus access roads and driveways shall be designed and maintained to support the imposed loads of 40, 000 pounds at 25 mph, and shall be provided with a surface so as to provide all-weather driving capabilities 4 . The turning radius of a fire apparatus access road shall have a horizontal inside radius curvature of not less than twenty-eight (28) feet inside radius and forty-eight feet (48) outside radius. 5 . All dead-end fire apparatus access roads in excess of 150 feet in length shall be provided with approved provisions for turning around of fire apparatus. The bulb or cul-de-sac radius shall not be less than 40 feet . The hammer-head T shall extend a minimum of 30 feet to each side of the centerline of the entry road and be 18 feet wide. The turnaround shall extend 40 feet from the entry road and be a minimum of 18 feet wide. ORDINANCE NO. 286 EXHIBIT C Page 5 Where parcels are zoned 5 acres or larger, turnarounds shall be provided at intervals of approximately 1320 feet, or as approved by the Fire Chief . Each dead-and road shall have a turnaround constructed at its terminus. 6 . The minimum level of improvement is determined by the grade of the access road or driveway providing access from the road to the building site or parking area as follows (UFC 10 . 204) : Surface Minimum Grade All-Weather less than 12% Non-skid (note 1) 1201 to 160 Non-skid (note 2) over 16% Note 1 . Surface shall be asphalt or concrete in the City of Atascadero Engineering Standard Specifications and Drawings including a non-skid finish (brushed concrete or equivalent pavement) Note 2 . A driveway/access road that would provide a grade greater than 1696 and less than 20% and is designed by a Registered Civil Engineer may be considered on a case-by-case basis by the Fire Chief 7 . The maximum length of dead-end road, including all dead-end roads accessed from that dead-and roads, shall use the following cumulative lengths as a guideline for approval by the Fire Chief, regardless of the number of parcels served: Parcels less than one (1) acre 800 feet Parcels 1 ac . to 4 . 99 ac. 1320 feet Parcels 5 ac . to 19 . 99 ac. 2640 feet Parcels 20 + ac. 5290 feet All lengths shall be measured from the edge of the roadway surface at the intersection that begins from the road to the end of the dead-end road surface at its farthest point . Where a dead-end road crosses areas of differing zones, the shortest allowable length shall apply. C. Fuel Management 1 . All parcels shall comply with the fire department' s wildland fuel management program. The hazardous vegetation that the program is concerned with is seasonal and recurrent in nature. Therefore, the operation of the program is planned on a continuous annual basis . ORDINANCE NO. 286 EXHIBIT C Page 6 Engineering Division D. Road Improvements - General 1 . All road improvements shall be constructed in accordance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 2 . An encroachment permit shall be obtained from the City Engineering Department prior to the start of construction. The applicant shall enter into an Plan Check/Inspection agreement with the City. 3 . Road improvement plans prepared by a registered civil engineer shall be submitted for review and approval by the City Engineer prior to approval of the Master Development Plan. Road improvement plans shall conform to the requirements of the City Standard Specifications, Section 2 - Preparation of Plans. R-value testing shall be done, and pavement sections designed by a registered civil engineer to the satisfaction of the City Engineer. E. Road Improvements - On-site 1 . The following roads shall be fully improved to a Rural Hillside Collector Section (City Std 404) , or as approved by the City Engineer prior to the issuance of building permits. The structural section shall be based on a T. I . = 5 . 0 . b. San Marcos Road from the project boundary to the intersection of Cenegal Road (prior to Phase I) a. Cenegal Road from the project boundary to the intersection of San Marcos Road (prior to Phase II) 2 . All other roads within the project boundary shall be fully improved to a Rural Hillside Local Section (City Std 402) , or as approved by the City Engineer prior to the issuance of building permits. The structural section shall be based on a T. I . = 4 . 0 . 3 . The minimum right-of-way width for all on-site roads shall be 50 feet . 4 . All cul-de-sacs shall meet the requirements of City Standard 415, Typical Cul-de-Sac for rural areas with an unobstructed turning radius of 40 feet and a paved radius of 34 feet, or as ORDINANCE NO. 286 EXHIBIT C Page 7 approved by the City Fire Marshal . Areas not paved within the 40 feet unobstructed turning radius shall be designed and maintained to support imposed loads of 40, 000 pounds at 25 mph and shall be provided with a surface which provides for all weather driving capabilities . 5 . Slope easements shall be provided on each side of the right- of-way as needed to accommodate cut slopes, fill slopes and/or retaining structures. 6 . Curve widening shall be constructed on all on-site roads in conformance with Section 4, Paragraph F of the City Standard Specifications, or as approved by the City Engineer. 7 . On-site road alignments shall be designed such that all existing streets, roads and alleys outside the project boundary, which intersect the project boundary, are provided with, and capable of obtaining, access from the on-site roads. Road alignments outside the project boundary, which intersect the project boundary, shall be clearly shown on the improvement plans . 8 . The applicant shall install all necessary street name and traffic signs as well as all necessary traffic striping and markings as required by the City Engineer. 9 . The applicant shall offer to dedicate all road rights-of-way for on-site roads to the City of Atascadero. Said irrevocable offer of dedication shall be filed prior to, or simultaneously with, the recordation of any final document implementing Lot Line Adjustment 94-005 . F. Road Improvements - Off-site 1 . Curve widening shall be constructed on Los Altos Road from Highway 41 to San Marcos Road where curve radii is less than 200 feet . Curve widening shall be constructed in conformance with Section 4, Paragraph F of the City Standard Specifications, or as approved by the City Engineer. Plans for the curve widening shall be submitted for review and approval by the City Engineer prior to the approval of the Master Development Plan. The curve widening on Los Altos Road shall be constructed when the ADT on Los Altos Road reaches 500 vehicles per day, with the development of the 27th. lot in Phase 1, or within three (3) years of the issuance of building permits for Phase 1, whichever is earlier. ORDINANCE NO. 286 EXHIBIT C Page 8 2 . A "STOP" sign and stop bar shall be constructed at the intersection of Los Altos Road and San Marcos Road and shall constructed with the development of Phase 1 of the project and prior to the issuance of building permits . 3 . San Marcos Road between Los Altos Road and the project boundary shall be improved preparatory to acceptance of this portion of road into the City maintained system. Curve widening shall be constructed where curve radii is less than 2001 . Curve widening shall be constructed in conformance with Section 4, Paragraph F of the City Standard Specifications, or as approved by the City Engineer. Improvement plans for the curve widening shall be submitted for review and approval by the City Engineer prior to approval of the Master Development Plan. San Marcos Road between Los Altos Road and the project boundary shall be improved prior to the development of Phase 1 of the project and prior to the issuance of building permits. 4 . The applicant shall enter into a maintenance agreement with the City for the portion of San Marcos Road between Los Altos Road and the project boundary. The agreement shall guarantee that damage to the road which results from construction traffic generated by the development of the project is properly repaired. The agreement shall be reviewed and approved by the City Engineer and the City Attorney. The agreement shall remain in-force throughout construction of Phase 1 and Phase 2 of the project . A maintenance security in a form acceptable to the City Attorney and the City Engineer shall be posted for the portion of San Marcos Road between Los Altos Road and the project boundary. The maintenance security shall remain effective until final acceptance of both Phase 1 and Phase 2 of the project 5 . Left-turn lanes shall be constructed on State Highway 41 for eastbound traffic entering both Los Altos Road and the driveway serving Lots 109-112 . Improvement plans for the left-turn lanes shall be submitted for review and approval by Caltrans and the City Engineer prior to approval of the Master Development Plan. The left-turn lanes for Los Altos Road shall be constructed when the ADT on Los Altos Road reaches 500 vehicles per day, with the development of the 27th. lot in Phase 1, or within ORDINANCE NO. 286 EXHIBIT C Page 9 three (3) years of the issuance of building permits for Phase 1, whichever is earlier. The left-turn lanes for the driveways accessing Lots 109-112 shall be constructed with the development of any portion of Lots 109-112 . 6 . Vehicle refuge lanes shall be constructed for vehicles turning left onto State Highway 41 from both Los Altos Road and the driveway serving Lots 109-112 . Improvement plans for the refuge lanes shall be submitted for review and approval by Caltrans and the City Engineer prior to approval of the Master Development Plan. The vehicle refuge lane for Los Altos Road shall be constructed when the ADT on Los Altos Road reaches 500 vehicles per day, with the development of the 27th. lot in Phase 1, or within three (3) years of the issuance of building permits for Phase 1, whichever is earlier. The vehicle refuge lane for the driveways accessing Lots 109- 112 shall be constructed with the development of any portion of Lots 109-112 . 7 . The improvements required to achieve a minimum of 550 feet of sight distance shall be constructed at the intersection of Los Altos Road and State Highway 41 and at the intersection of the driveway serving Lots 109-112 and State Highway 41 . Improvement plans for the site distance improvements shall be submitted for review and approval by Caltrans and the City Engineer prior to approval of the Master Development Plan. The site distance improvements for Los Altos Road shall be constructed when the ADT on Los Altos Road reaches 500 vehicles per day, with the development of the 27th. lot in Phase 1, or within three (3) years of the issuance of building permits for Phase 1, whichever is earlier. The site distance improvements for the driveways accessing Lots 109-112 shall be constructed with the development of any portion of Lots 109-112 . 8 . Advisory and warning signage shall be installed along State Highway 41 to advise drivers of the approaching intersection with Los Altos Road and the driveway serving Lots 109-112 . Signage shall be installed which indicates a left-turn lane ahead. Improvement plans for the signage improvements shall be submitted for review and approval by Caltrans and the City Engineer prior to approval of the Master Development Plan. ORDINANCE NO. 286 EXHIBIT C Page 10 The signage improvements for Los Altos Road shall be constructed when the ADT on Los Altos Road reaches 500 vehicles per day, with the development of the 27th. lot in Phase 1, or within three (3) years of the issuance of building permits for Phase 1, whichever is earlier. The signage improvements for the driveways accessing Lots 109- 112 shall be constructed with the development of any portion of Lots 109-112 . 9 . Designated right-turn lanes shall be constructed on State Highway 41 for westbound traffic entering both Los Altos Road and the driveway serving Lots 109-112 . Improvement plans for the right-turn lanes shall be submitted for review and approval by Caltrans and the City Engineer prior to approval of the Master Development Plan. The right-turn lane for Los Altos Road shall be constructed when the ADT on Los Altos Road reaches 500 vehicles per day, with the development of the 27th. lot in Phase 1, or within three (3) years of the issuance of building permits for Phase 1, whichever is earlier. The right-turn lane for the driveways accessing Lots 109-112 shall be constructed with the development of any portion of Lots 109-112 . 10 . Curve widening shall be constructed on the following roads where curve radii is less than 200 feet . Curve widening shall be constructed in conformance with Section 4, Paragraph F of the City Standard Specifications, or as approved by the City Engineer. Plans for the curve widening shall be submitted for review and approval by the City Engineer prior to the approval of the Master Development Plan. a. Laurel Avenue from Santa Lucia Road to Cenegal Road. b. Cenegal Road from Laurel Avenue to the project boundary. The curve widening shall be constructed when the ADT on Laurel Avenue reaches 500 vehicles per day, with the development of the 38th. lot in Phase 2, or within three (3) years of the issuance of building permits for Phase 2, whichever is earlier. 11 . A three foot (31 ) wide Class II base or other all weather surface walkway shall be provided along one side Cenegal Road from the project boundary to Laurel Avenue and along Laurel Avenue from Cenegal Road to Santa Lucia Road, or as approved ORDINANCE NO. 286 EXHIBIT C Page 11 by the City Engineer. Improvement plans for the walkways shall be submitted for review and approval by the City Engineer and Community Development Director prior to approval of the Master Development Plan. The 3 foot wide pedestrian walkway shall be constructed when the ADT on Laurel Avenue reaches 500 vehicles per day, with the development of the 38th. lot in Phase 2, or within three (3) years of the issuance of building permits for Phase 2, whichever is earlier. G. Drainage 1 . All drainage improvements shall be constructed in accordance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 2 . A grading and drainage plan for each lot, prepared by a registered civil engineer, shall be submitted for review and approval by the City Engineer prior to the issuance of building permits . A registered civil engineer shall provide a written statement that all work has been completed and is in full compliance with the approved plans and the Uniform Building Code (UBC) . 3 . An erosion control plan addressing interim erosion control measures to be used during the construction shall be submitted for review and approval by the City Engineer. Erosion control measures shall be in-place between October 1 and April 1 . Prior to issuance of Grading Permits, and if required under the Clean Water Act (CWA) , the applicant shall obtain the necessary permits in compliance with the requirements of the National Pollutant Discharge Elimination System (NPDES) . H. Utilities 1 . All relocation and/or alteration of existing utilities shall be the responsibility of the applicant . 2 . The applicant shall submit a composite utility plan signed and approved by a representative for each public utility company along with the improvement plans. 3 . The applicant shall install all new utilities (water, gas, electric, cable TV and telephone) underground. Fire hydrants shall be installed at locations as required by the City Fire Marshal . Utilities shall be extended to the property line ORDINANCE NO. 286 EXHIBIT C Page 12 frontage of each parcel or its public utility easement . 4 . Any utility trenching in existing streets shall be overlayed to restore a smooth riding surface to the satisfaction of the City Engineer. I. General 1 . A Preliminary Soils Report shall be prepared for the property to determine the presence of expansive soil or other soil problems and shall make recommendations regarding grading of the proposed site. A final soils report shall be submitted by the soils engineer prior to the final inspection and shall certify that all grading was inspected and approved and that all work done is in accordance with the plans and the preliminary report . 2 . All improvements shall be covered with a 1006 Performance Guarantee and a 506 Labor and Materials Guarantee until the improvements are deemed substantially complete by the City Engineer. Prior to the final inspection of the improvements, and before the other guarantees mentioned in this condition are released, a 106 Maintenance Guarantee shall be posted to cover the improvements for a period of 1 year from the date of the final inspection. The guarantee amounts shall be based on an engineer' s estimate submitted by the project engineer and approved by the City Engineer. The Guarantees posted for this project shall be approved by the City Attorney. 3 . A Mylar copy and a blue line print of as-built improvement plans, signed by the registered engineer who prepared the plans, shall be provided to the City Engineer prior to the Final Inspection. 4 . The applicant shall acquire title or interest in any off-site land that may be required to allow for the construction of the improvements . The applicant shall bear all costs associated with the necessary acquisitions . 5 . All improvements shall be completed or bonded for prior to the approval of the Master Development Plan. If the improvements are to be bonded, the applicant shall enter into a Performance Agreement with the City. The form and content of the Performance Agreement shall be reviewed and approved by the City Engineer and City Attorney.