HomeMy WebLinkAboutOrdinance 326 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. 326 adopted
by the Atascadero City Council at a regular meeting thereof held on May 27,
1997 and that it has been duly published pursuant to State Law.
DATED: o "g
Marcia M. Torgerson
City Clerk
City of Atascadero, California
ORDINANCE NO. 326
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
ATASCADERO AMENDING MAP 6 OF THE OFFICIAL ZONING MAPS
BY REZONING CERTAIN REAL PROPERTIES AT 5392 BARRENDA AVENUE
FROM RMF/16 TO RMF/16 (PD7)
(ZC 96010: Norton)
WHEREAS, the proposed zoning map amendment is consistent with
the General Plan in effect at the time of application acceptance,
as required by Section 65860 of the California Government Code;
and
WHEREAS, the proposed amendment is in conformance with
Section 65800 et seq. of the California Government Code concerning
zoning regulations; and
WHEREAS, the proposed amendment will not have a significant
adverse impact upon the environment. The Negative Declaration
prepared for the project is adequate; and
WHEREAS, the Atascadero Planning Commission held a public
hearing on April 15, 1997, 1997, and has recommended approval of
Zone Change 96010 .
NOW, THEREFORE, the Council of the City of Atascadero does
ordain as follows :
Section 1 . Council Findings .
1 . The proposal is compatible with surrounding land uses
and the zoning in effect at the time of application
acceptance.
2 . The proposal is consistent with the General Plan
in effect at the time of application acceptance.
3 . The proposal will not result in any significant adverse
environmental impacts . The Negative Declaration pre-
pared for the project is adequate.
4 . Modification of development standards or processing
requirements is warranted to promote orderly and
harmonious development.
Ordinance No. 326
Page 2
5 . Modification 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.
6. Benefits derived from the overlay zone cannot be
reasonably achieved through existing development
standards or processing requirements .
7 . The proposed plans offer certain redeeming features to
compensate for requested modifications .
Section 2 . Zoning Map.
Map number 6 of the Official Zoning Maps of the City of
Atascadero on file in the City Community Development Department is
hereby amended to reclassify the parcels listed below, and shown
on the attached Exhibit A which is hereby made a part of this
ordinance by reference:
Lots 6 & 7, Block D-A, Atascadero Colony
Assessor' s Parcel No. 029-062-010
Development of said property shall be in accordance with the
approved Master Plan of Development shown on the attached Exhibit
B the Conditions of Approval shown on the attached Exhibit C.
Section 3 . 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 4 . Effective Date.
This ordinance shall go into effect and be in full force and
effect at 12 : 01 a.m. on the 31st day after its passage.
Ordinance No. 326
Page 3
On motion by Councilmember Carden, seconded by Councilmember
Clay, the foregoing ordinance is approved by the following roll
call vote:
AYES: Councilmembers Carden, Clay, Lerno, Luna and Mayor
Johnson
NOES: None
ABSENT: None
ADOPTED: . May 27, 1997
CIT AT ERO
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RAY JOHN 0 , May r
ATTEST:
)21. 1-
MARCIA M. TORGERSON, City Clerk
APP OVED AS TO FORM:
ROYHANLE , Citj Attorney
PRE ARED BY:
STEVEN L. DECAMP, Acting Director
Community Development Department
( EXHIBIT(s) ON FILE IN CITY CLERK'S OFFICE)
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ORDINANCE NO. 3 Z Co EXHIBIT B
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EXHIBIT C
Ordinance 326
CONDITIONS OF APPROVAL:
1 . This approval is based on plans contained in Attachments D
through I . All development shall be in substantial
conformance with those Attachments (the Master Plan of
Development) , this Attachment (Conditions of Approval) and
all applicable codes, ordinances and standards of the City
of Atascadero. Any modifications of the project shall
require review and approval by the Community Development
Department.
2. Landscape plans provided during building permit review shall
include the planting of at least one (1) native tree on each
lot. Additional tree replacement requirements (for trees
removed) shall be satisfied by either on-site plantings or
in lieu contributions into the City's Tree Replacement Fund
prior to final building inspections.
3. Grading plans provided during building permit review shall
include a tree protection plan prepared by a certified
arborist or resource professional with similar education and
experience. Any pruning of existing native trees shall be
included as part of the tree protection plan, and the
project arborist shall perform or supervise that pruning.
4 . Prior to the issuance of building/grading permits, the
project arborist shall verify that tree protection has been
installed on-site in accordance with the tree protection
plan. Prior to any final inspections, the project arborist
shall verify that all pruning of native trees was indeed
done under his/her supervision. In addition, the project
arborist shall supervise trenching for the installation of
the drainage pipe across the adjoining property to the east
and, prior to final inspection, shall verify that no roots
over two (2) inches in diameter were severed.
5. All units shall be set back from the private road easement
by at least fifteen (15) feet, with the exception of Lot 5
which shall remain at 13.8 feet from the easement. (NOTE:
This will require that the residences on Lots 1 & 5 be
shifted slightly to the southeast and southwest,
respectively) .
Fire Department Conditions
6. A new fire hydrant shall be installed at the entrance to the
project, and the existing fire hydrant located at 5370
Barrenda Avenue shall be upgraded to current standards.
Both of these hydrants shall be shown on plans provided
during building permit review and the work shall be verified
prior to final inspections.
Engineering Department Conditions
7. 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.
8 . The applicant shall enter into a Plan Check/Inspection
agreement with the City. Prior to recordation of the final
map, all outstanding plan check/inspection fees shall be
paid.
9. An encroachment permit shall be obtained from the City
Engineering Department prior to the issuance of building
permits.
10. 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.
The final map shall state that a soils report has been
prepared for the project. The statement shall provide the
date the report was prepared along with the name and address
of the soils engineer or geologist who prepared the report.
11 . All public improvements or improvements in the public right-
of-way shall be secured with a 100% Performance Guarantee
and a 50% 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 10% Maintenance Guarantee
shall be posted to cover the improvements for a period of 1
year from the date of the final inspectiox..
The guarantee amounts shall be based on an engineer's
estimate submitted by the project engineer and approved by
the City Engineer. The estimate shall be based on City
standard unit-prices. The Guarantees posted for this
project shall be approved by the City Attorney.
12. A six (6) foot Public Utility Easement (PUE) shall be
provided contiguous to all street frontages.
13. The applicant shall be responsible for the relocation and/or
alteration of existing utilities.
14 . The applicant shall install all new utilities (water, gas,
electric, cable TV and telephone) underground. Utilities
shall be extended to the property line frontage of each lot
or its public utility easement.
15. The applicant shall overlay any utility trenching in
existing streets to restore a smooth riding surface as
required by the City Engineer.
16. The applicant shall construct all drainage facilities to
City of Atascadero Standards. Each improvement shall be
designed so as to not increase the rate of flow of water
onto adjacent properties . The applicant shall demonstrate
that the proposed drainage facilities provide safe
conveyance for the overflow conditions which may occur
during the 100-year design event.
17 . Drainage shall cross lot lines only where a drainage
easement has been provided. Drainage from off-site areas
shall be conveyed across the project site in drainage
easements .
18 . The applicant shall limit storm water discharge from the
developed site to the design capacity of the downstream
drainage improvements. The applicant shall demonstrate that
the design capacity of the downstream drainage improvements,
or natural water courses, can adequately convey the total
flow of storm water from the fully developed watershed plus
the developed project site without adversely affecting other
properties. Or the applicant shall detain storm water on
the site in conformance with City Standards.
19. The applicant shall submit a grading and drainage plan,
prepared by a registered civil engineer, for review and
approval by the City Engineer prior to the recordation of
the final map.
20. A sedimentation/erosion control plan addressing interim
erosion control measures to be used during construction
shall be submitted for review and approval by the City
Engineer if development is to occur between October 15 and
April 15. The sedimentation/erosion control plan shall be
prepared by a registered civil engineer.
21 . The applicant shall submit road improvement plans prepared
by a registered civil engineer for review and approval by
the City Engineer prior to recordation of the parcel map.
Road improvements plans shall conform to the requirements of
the City Standard Specifications, Section 2 - Preparation of
Plans. R-value testing shall be done, and the pavement
section designed by a registered civil engineer to the
satisfaction of the City Engineer. Road improvements shall
include, but not be limited to the following:
A. Barrenda Avenue shall be improved from centerline to
the property frontage in conformance with City Standard
405 (Local) contiguous to ,the entire property frontage
with the exception that the pavement width from center-
line to the face-of-curb shall be 15 feet to match the
existing improvements east of the project site, or as
approved by the City Engineer. The improvements may
require the overlaying of the existing pavement to
remedy an inadequate structural section or to remedy a
deteriorated paving surface. Transitions shall be
constructed where required to achieve a smooth join
with existing improvements. Sidewalk shall be
constructed along Barrenda Avenue, but only to the
extent shown on the preliminary grading plan
(Attachment E) .
B. Slope easements shall be provided on each side of the
right-of-way as needed to accommodate cut or fill
slopes.
C. The on-site street shall be fully improved in
conformance with City Standard Drawing No. 429 "Fire
Access Standards (Private Roads) " . The on-site street
shall be paved and shall provide a minimum width of 20
feet from face-of-curb to face-of-curb, unless
otherwise approved by the City Fire Marshall . Parking
shall be prohibited along the on-site street.
22 . The applicant shall monument all property corners for
construction control and shall promptly replace them if
disturbed. The applicant shall install all final property
corners and street monuments, or bond for them, prior to
acceptance of the improvements.
23. 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. The applicant
shall also gain concurrence from all adjacent property
owners whose ingress or egress is affected by these
improvements .
24 . The applicant shall pay all sewer annexation fees prior to
the recordation of the final map.
25. The applicant shall submit a written statement from a
registered civil engineer that all public improvements have
been completed and are in substantial conformance with the
approved plans prior to the recordation of the final map.
26. The applicant shall submit written certification that all
survey monuments have been set as shown on the final map
prior to the final inspection.
27 . The applicant shall submit a maintenance agreement for the
private drainage system (and the private on-site road) for
review and approval by the City Engineer and the City
Attorney. The approved maintenance agreement shall be
recorded prior to recordation of the final map.
28 . Approval of this tentative tract map shall expire two (2)
years from the date of final approval unless an extension of
time is granted pursuant to a written request received prior
to the expiration date.
29. Exterior colors shall be specified on plans submitted for a
building permit and shall be approved by staff prior to the
issuance of building permits.
30. Retaining walls constructed as part of foundation systems
shall not exceed three (3) feet in height nor preclude the
placement of windows in affected walls.
31. Retaining walls on Lot 5 shall be moved to the property
line.
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