HomeMy WebLinkAboutResolution 2002-047 RESOLUTION NO. 2002-047
A RESOLUTION OF THE ATASCADERO CITY COUNCIL APPROVING
CONDITIONAL USE PERMIT 2002-0065, ADOPTING A MASTER PLAN
OF DEVELOPMENT FOR THE PD-17 OVERLAY ZONING DISTRICT
ON APN 049-102-008 AND 009
(1625 / 1683 / 1685 El Camino Real, APN 049-102-008, 009 / Gearhart)
WHEREAS, an application has been received from Kelly Gearhart, 6205 Alcantara
Avenue, Atascadero, CA 93422, (Applicant & Owner), to consider a project consisting of a zone
change from RSF-X (Residential Single Family 1/2 acre) to RSF-X / PD-17 (Residential Single
Family with Planned Development Overlay #17) with the adoption of a Master Plan of
Development, and an 40-lot residential tract map, on a 9.90 acre lot located at 1625 / 1683 / 1685
El Camino Real (APN 049-102-008, 009); and,
WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2002-0035 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 site's General Plan Designation is SFR-X (Single Family Residential
1/2 acre [4 dwellings/ac max]); and,
WHEREAS,the site's current zoning district is RSF-X(Residential Single Family 1/2
acre); and,
WHEREAS, General Plan Policy HOS 1.1.4. allows for the creation of single family
planned development projects with a maximum density of 4 unit per acre in the SFR-X land use;
and,
WHEREAS, the Planning Commission has recommended that a site be rezoned to
include a PD-17 overlay district which requires the adoption of a Master Plan of Development;
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 Zone Change
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 Master Plan of Development;
and,
WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing
held on October 1, 2002, studied and considered the Master Plan of Development for Zone
Change 2002-0065, after first studying and considering the Draft Mitigated Negative Declaration
prepared for the project and thereby recommended approval, and,
City of Atascadero
Resolution No.2002-047
Page 2
WHEREAS, the Atascadero City Council, at a Public Hearing held on October 22, 2002,
studied and considered the Master Plan of Development for Zone Change 2002-0065, after first
studying and considering the Draft Mitigated Negative Declaration prepared for the project and
the Planning Commission's recommendation, and,
NOW, THEREFORE, the City Council takes the following actions:
SECTION 1. Findings Approval of Master Plan of Development. The City Council
finds as follows:
1. The proposed project or use is consistent with the General Plan and the City's
Appearance Review Manual; and,
2. The proposed project or use satisfies all applicable provisions of the Title (Zoning
Ordinance) including the PD-17 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. That the proposed project or use will not be inconsistent with the character or the
immediate neighborhood or contrary to its orderly development; and,
5. 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.
SECTION 2. Approval. The Atascadero City Council, in a regular session assembled
on October 22, 2002, resolved to approve Conditional use Permit 2002-0065, a Master Plan of
Development for Zone Change 2002-0028 subject to the following:
1. EXHIBIT A: CONDITIONS OF APPROVAL
2. EXHIBIT B: SITE PLAN
3. EXHIBIT C: UTILITY PLAN
4. EXHIBIT D: LANDSCAPE PLAN
5. EXHIBIT E: GRADING AND DRAINAGE PLAN
6. EXHIBIT F: ARBORIST REPORT
7. EXHIBIT G: TREE PROTECTION
8. EXHIBIT H: ELEVATIONS AND COLOR AND MATERIALS PLAN 1
9. EXHIBIT I: ELEVATIONS AND COLOR AND MATERIALS PLAN 2
10. EXHIBIT J: ELEVATIONS AND COLOR AND MATERIALS PLAN 3
City of Atascadero
Resolution No.2002-047
Page 3
11. EXHIBIT K: ELEVATIONS AND COLOR AND MATERIALS PLAN 4
12. EXHIBIT L: COLOR AND MATERIALS
On motion by Council Member Johnson and seconded by Council Member Clay, the foregoing
Resolution is hereby adopted following roll call vote:
AYES: Council Members Clay, Johnson, Scalise and Mayor Arrambide
NOES: Council Member Luna
ABSTAIN: None
ABSENT: None
ADOPTED: October 22, 2002
By:
Q, zi _
J�Michael Arrambide, Mayor
Attest:
Marcia McClure Torgerson, City VleW
Approved as to form:
Roy q
anley, City'Atto ey
City of Atascadero
Resolution No.2002-047
Page 4
EXHIBIT A:Conditions of Approval
CUP 2002-0065: PD-17 Master Plan of Development
Conditions of Approval Timing Responsibility Mitigation
CUP 2002-0065 /Monitoring Measure
PD-17 Overlay 1625/1685 El Camino Real PS:Planning Services
BL:Business License BS:Building Services
GP:Grading Permit FD:Fre Departnerd
BP:Building Permit PD:Police Department
Fl:Final Inspection CE:City Engineer
TO:Temporary Occupancy WW:Wastewater
F0:Final Occupancy CA City Attorney
Planning Services
1. The approval of this use permit shall become final and On going PS
effective following the end of the referendum period for
Zone Change 2001-0028.
2. Approval of this Master Plan of Development shall be BP PS
valid concurrently with the life of Tentative Tract Map
2002-0019 and then indefinitely following final map.
The Master Plan of Development approval shall expire
and become null and void unless a final map is
recorded consistent with the Master Plan of
Development.
3. The Community Development Department shall have BP/FM PS
the authority to approve minor changes to the project
the(1)increase the intensity of the project by less than
10%, (2)result in a superior site design or appearance,
and/or (3) address a construction design issue that is
not substantive to the Master Plan of Development.
The Planning Commission shall have the final authority
to approve any other changes to the Master Plan of
Development and any associated Tentative Maps.
4. Amendments to the Master Plan of Development shall On going PS
be subjected to approval by the Atascadero Planning
Commission through a Public Hearing process.
5. All subsequent Tentative Tract Maps and construction BP/FM PS
permits shall be consistent with the Master Plan of
Development contained herein.
6. All future development and improvements to be On going PS
consistent with the requirement of PD-17 which is
incorporated by reference.
7. All exterior elevations, finish materials and colors shall BP PS
be consistent with the Master Plan of Development as
shown in Exhibit H-L.
8. All site development shall be consistent of a maximum BP/FM PS
of 38 single-family dwelling units.
9. All site work, grading and site improvements shall be BP/FM PS
consistent with the Master Plan of Development as
shown in Exhibit B-E.
City of Atascadero
Resolution No.2002-047
Page 5
Conditions of Approval Timing Responsibility Mitigation
CUP 2002-0065 /Monitoring Measure
PD-17 Overlay 1625/1685 El Camino Real PS:Planning Services
BL:Business License BS:Building Services
GP:Grading Permit FD:Fire Departnent
BP:Building Pemdt PD:Police Department
FI:Final Inspection CE:City Engineer
TO:Temporary Occupancy M.Wastewater
FO:Final Occupancy CA City Attorney
10. Native oaks trees shall be preserved and protected BP PS
during construction consistent a Tree Protection Plan
prepared for the project. All tree protection shall be in
place prior to the issuance of any construction permits
consistent with Exhibit F and G.
11. A minimum of one on street parking space per unit BP PS
shall be provided through out the project
12. A final landscape and irrigation plan shall be approved BP PS
prior to the issuance of building permits and included
as part of site improvement plan.All exterior meters,air
conditioning units and mechanical equipment shall be
screened with landscape material.
All landscaping beneath Oak trees shall be approved
by the arborist for compatibility with the tree.
Provide 24-inch box street trees at approximately 30-
feet on center along each side of the street.
13. Landscape plans shall include the design of the BP PS
park feature. The park should include a tot lot or
park designed to facilitate use by a number of
different ages or activity groups concurrently,
such as for small gatherings and may include
small barbecues and ample seating and tables
and shade tree plantings.
14. A paved location shall be provided for the storage BP PS
of one trash, one recycle, and one green waste
container within a designated exterior fenced
area.
15. All yard fencing shall be consistent throughout the BP PS
project as shown on Exhibit D.
16. All front yards and street facing sideyards shall be BP PS
landscaped prior to final on house building permits.
17. One 15-gallon native oak tree shall be planted on all FO PS
lots.
18. The site plan shall be adjusted as follows to minimize IP/BP PS
native tree impacts:
Lot 29: change floor plan to type 1 and shift away from
oaks.
Lot 40: change floor plan to type 4 and shift away from
oaks.
Install porous pavers in streets and driveways located
beneath the driplines of native trees.
City of Atascadero
Resolution No.2002-047
Page 6
Conditions of Approval Timing Responsibility Mitigation
CUP 2002-0065 /Monitoring Measure
PD-17 Overlay 1625/1685 EI Camino Real PS:Planning services
BL:Business License BS:Building Services
GP:Grading Perrit FD:Fire Departrnent
OR Building Permit PD:Police Department
Fl:Finallnspeclion CE:CdyEngineer
TO:Temporary Occupancy W.Wastawater
F0:Final Occupancy CA City Aftney
Mitigation Measures
19. The project shall be conditioned to comply with all IP PS 3.b.1.
applicable District regulations pertaining to the control
of fugitive dust(PM-10)as contained in section 6.4 of
the Air Quality Handbook. All site grading and
demolition plans notes shall list the following
regulations:
A. All material excavated or graded shall be
sufficiently watered to prevent excessive amounts
of dust. Watering shall occur at least twice daily
with complete coverage,preferably in the late
morning and after work is finished for the day.
B. All clearing,grading,earth moving,or excavation
activities shall cease during periods of high winds
(i.e.greater than 20 mph averaged over one hour)
so as to prevent excessive amounts of dust.
C. All material transported off-site shall be either
sufficiently watered or securely covered to prevent
excessive amounts of dust.
D. The area disturbed by clearing,grading,earth
moving,or excavation operations shall be
minimized so as to prevent excessive amounts of
dust.
E. Permanent dust control measured identified in the
approved project revegetation and landscape
plans shall be implemented as soon as possible
following completion of any soil disturbing
activities.
F. Exposed ground areas that are planned to be
reworked at dates greater than one month after
initial grading shall be sown with fast-germinating
native grass seed and watered until vegetation
becomes established.
G. All disturbed areas not subject to revegetation
shall be stabilized using approved chemical soil
binders,jute netting,or other methods in advance
by the APCD.
H. All roadways,driveways,sidewalks,etc.to be
paved shall be completed as soon as possible. In
addition,structural foundations shall be completed
as soon as possible following building pad
construction.
I. On-site vehicle speed shall be limited to 15 mph
for any unpaved surface.
J. All unpaved areas with vehicle traffic shall be
watered at least twice per day,using non-potable
water.
K. Streets adjacent to the project site shall be swept
daily to remove silt which may have accumulated
from construction activities so as to prevent
City of Atascadero
Resolution No.2002-047
Page 7
Conditions of Approval Timing Responsibility Mitigation
CUP 2002-0065 /Monitoring Measure
PD-17 Overlay 1625/1685 EI Camino Real PS:Planning Services
BL:Business License BS:Building services
GP:Grading Permit FD:Fre Department
BP:Building Pemtit PD:Police Deparbnerd
FI:Final Inspection CE:City Engineer
TO:Temporary Occupancy WW:Wastewater
FO:Final Occupancy CA City Adomey
excessive amounts of dust from leaving the site.
L. Wheel washers may be required when significant
offsite import or export of fill is involved.
M. All dirt stock piles areas should be sprayed daily
as needed.
20. Pedestrian walkways will be provided within the project IP PS 3.c.1.
with connections to future commercial use areas along
EI Camino Real.
21. Large canopy shade trees shall be provided along IP PS 3.c.2.
street frontages to minimize urban heat build-up.
22. All construction within the driplines of native oak trees IP PS 4.e.1.
shall be consistent with the mitigation requirements of
the arborist report.
23. A tree fencing protection plan shall be submitted with IP PS 4.e.2.
construction plans and installed prior to permit
issuance
24. All tree removals shall be mitigated consistent with the IP PS 4.e.3.
requirements of the Atascadero Native Tree
Ordinance.
25. An arborist shall be retained to monitor construction, IP PS 4.e.4.
mitigations and the overall health of trees.
26. A Storm Water Pollution Prevention Plan(SWPPP)will IP PS 8.c.1.
be required to be approved by the RWQCB prior to
construction.
27. A landscaped berm shall be installed along the west LP PS 11.a.1.
side of lots 1 and 31 for sound attenuation.
City Council
28. The project shall include two (2) deed restricted FM PS
moderate-income affordable units. Deed
restrictions shall be recorded at time of final map
and have a 10-year time limit.
FM PS/CA
29. Prior to recordation of final map, the applicant
shall enter into a legal agreement with the City
to reserve 19 of the units for sale to residents
or workers within the City of Atascadero. Two
of the 19 units shall be the deed restricted
affordable units. The agreement shall include
the following provisions:
City of Atascadero
Resolution No.2002-047
Page 8
Conditions of Approval Timing Responsibility Mitigation
CUP 2002-0065 /Monitoring Measure
PD-17 Overlay 1625/1685 EI Camino Real PS:Planning Services
BL:Business License BS:Building Services
GP:Grading Permit FD:Fre Department
BP Building Permit PD:Police Department
FI:Final Inspection CE:Qy Engineer
TO:Temporary Occupancy M.Wastewater
F0:Final Occupancy CA:City Atiomey
a) 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.
b) 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.
c) The Atascadero resident or worker
restriction shall apply to the initial sale
only.
d) The applicant shall identify which units will
be reserved.
e) The City Attorney shall approve the final
form of the agreement.
-end of conditions-
City of Ataseadero
Resolution No.2002-047
Page 9
EXHIBIT B:Site Plan
CUP 2002-0065: PD-17 Master Plan of Development
o EL CAMINO REAL
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City of Atascadero
Resolution No.2002-047
Page 10
EXHIBIT C Utility Plan
CUP 2002-0065: PD-17 Master Plan of Development
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City of Atascadero
Resolution No.2002-047
Page 12
EXHIBIT E:Grading and Drainage Plan
CUP 2002-0065: PD-17 Master Plan of Development
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City of Atascadero
Resolution No.2002-047
Page 13
EXHIBIT F: Arborist Report
CUP 2002-0065: PD-17 Master Plan of Development
802 PASO)ROBLES STREET PASO ROBLES,CALIFORNIA 93446 805/239.1239 FAX 805/239-37,42
ARBORq
TREE 5 R Rlf
Date: 9-27-2002
To: Kelly Gearhart 7
/moan: Steven Alvarez.ArborTree Sur&,ery k'
It.e: Gearhart..Residential Development
'l Ca vino meal„Atascadero,CA
This report is in regards to the eight Coast I.ave Oak trams located at the above.-
named development. All trees are to be saved on the property and the following
mitigation and maintenance recommendations should ensure minimal disruption to their
normal/rte cycle.
The trees are numbered one through seven in a clockwise direction on the
Preliminary rading and Drainage Mara Each tree will be addressed on the spreaadsheet
with respect to:
*Di.ameler at breast height-(dbh)
*£;ondition-pests,damage and decay
«Ming rtiorr measures-techniques that should be used daring construction to
minilnize,inapac s
oMairrteaaaance ra r an cnt§at etas pyre-crena?err acsrr safety and health pruning fir
individual trees
In the condition column,six of the trees are referred to as aged The other tree is
probably the remnant of another aged tree. This ter a is used to describe trees that are in
the last 20-30%of their life spam. The scale on tree number one woad rate a 5 on a scale
of one to ten. 'Ile;pie cut injury on tree four was used by a chain save;however,the
person gave up after cutting into the tree by about 5%. 'Gree seven has a larger scaffold
branch that appears very unstable and removing all or part of this branch,is
recommended,
In the mitigation measures column,five of the trees will require hand.digging.
This should take place anywhere under the drip-line of each tree. All roots encountered
that are larger than one inch in diameter should be clean cut with sharp hand tools. All
trenchers should be:re-harried as soon as possible. Constriction fencing should be erected
ai the edge of the drip,lure of each tree where possible. A mimmurn cof'75%of the drip-
liner arca should be fenced. There wil'be,encroachment into these areaas ranging from
driveways to roadways to home foundations. 'he remaining areas should be kept clean
and Void of excess till material and heavy equipmentshould not be operated there
Maintenance recommendations include both minor crown restoration and class IV
pruning. Minor crovv"aa restoration includes flush cutting broken branches for proper
healing and selective thinning;to remove crossing branches and those with weak
attaclaments. A class IV prune is described as,"Crown reduction pruning shall consist sof
reduction of nips,sides or individual limbs." The five trees that mquire class IV pruning
City of Ataseadero
Resolution No.2002-047
Page 14
have had little or no maintenance during their lifespan. For safety and structural reasons,
pruning is recommended, The White Oak tree located near the street requires a class 11
prune that involves removing deadwood along with crown thinning and reduction of
crossing branches.
Tree Diameter Condition Mitigation iWintenance
I Measures Recommendations
48" aged,several broken scaffold and dig footings, class IV prune
Live Oak branches,scale Infestation construction fencing,
"x Zinjury on North side paver driveway
.......................
2 2 stem aged,some broken branches hand dig footings, class IV prune
Live Oak 60**x 24" construction fencing,re-locate
sidewalk pavers in street
...............
3 sr- ged,severe crown failure construction fencing inor crown restoration
Live Oak crown is rejuvenating,
massive cavity
..... ......
4 60*1 aged,severe crown failure, construction fencing minor crown restoration
Live Oak juvenating crown
pie cut injury
Otte activi
5 $9" ged,minor cavity onstruction fencing, class IV prune
iand dig footings
Live Oak
................
6 W, is 25%of an original tree and dig footings; lass
IV prune
Live Oak or condition from wound nstruction fencing
7 42" ged,structurally weak West and dig footings, class IV prune
Live Oak !do , remove minimum of 50%
minor
cavity f large scaffold branch,
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'uvena,17 crown
'e ou injury ry
atlea
g mnorcaV
ad cavity
o an original 'a '2n�
f condition
m wound
trL n,
or- dlt ou
structurally
we and
742- gad, A JMst
!do
8 48" aged,good condition nstruction fencing class 11 prune
Its Oal�
;1 -..... W.............
If the above mitigation measures and maintenance recommendations are followe4,
only minor temporary impacts to the trees shoWd occur. Should construction occur
City of Atascadero
Resolution No.2002-047
Page 15
during the dry season,deep root irrigation should occur prior to construction. The
pruning is necessary and should reduce the likelihood of major branch failure that
occurred to trees three and four.
Steven G.Alvarez,.Certified ArboristfiO511,Arbor Tree Surgery
Chip Tamagni,Certified Arborist#6436 A,Arbor Tree Surgery
Gi�
City of Atascadero
Resolution No.2002-047
Page 16
EXHIBIT 0:Tree Protection
CUP 2002-0065: PD-17 Master Plan of Development
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City of Ataseadero
Resolution No.2002-047
Page 17
EXHIBIT H:ELEVATIONS AND COLOR AND MATERIALS
CUP 2002-0065: Plan 1 I PD-17 Master Plan of Development
Wick Trim Double hung
widows with Raised Porch
trim with picket
railing
71
Lap siding
It (COLONT FU�' N
architectural uri
reatment of all
levations
;
CAM � FLAK
_ _ __..._........
__
t CZOOLONT FUN
y,
MOT
. .........
Garage architecture '
to match main unit � ' '�`��r((("""''' � 1��
City of Atascadero
Resolution No.2002-047
Page 18
EXHIBIT H-1: FLOOR PLAN
CUP 2002-0065: Plan 1 /PD-17 Master Plan of Development
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City of Atascadero
Resolution No.2002-047
Page 20
EXHIBIT 1-2: FLOOR PLAN
CUP 2002-0065: Plan 2/PD-17 Master Plan of Development
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City of Atascadero
Resolution No.2002-047
Page 21
EXHIBIT J: ELEVATIONS AND MATERIALS
CUP 2002-0065: Plan 3/PD-77 Master Plan of Development
!sed cover Lap siding
)op
s
ouble hung
idows with
shutters and (OLOU FUN 3
colonial
pediment trim
Brick accent
siding
777,
or
(W)
a.
L°�.r` NT FUN 3
....._......_...................._� _........_._... .............. _..
IN HIT ""U...........
Garage architecture Architectural TM {�' j �
to match main unit treatment of all `�'� � � 11 UN
elevations VAR
City of Atascadero
Resolution No.2002-047
Page 22
EXHIBIT J-2:FLOOR PLAN
CUP 2002-0065: Plan 3/PD-17 Master Plan of Development
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City of Atascadero
Resolution No.2002-047
Page 23
EXHIBIT K:ELEVATIONS AND MATERIALS
CUP 2002-0065: Plan 4 I PD-17 Master Plan of Development
Exposed
rafter tails
R
x
s
9
rouble hung Raised porch
ridows with tapered Double Eave
columns Beams
'THZ �ZOLONT FL9N .4 e!W�
momr
1'
tt
O �� 4UrT
ArchitecturalTHC V 0��07 F��
Garagearchitecture _.._.._.... .__. __......_._..._ _._.__........�...—__.______.__._.._..___..
treatment of all to match main unit
elevations
City of Atascadero
Resolution No.2002-047
Page 24
EXHIBIT K-2:ELEVATIONS AND MATERIALS
CUP 2002-0065: Plan 4/PD-17 Master Plan of Development
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City of Atascadero
Resolution No.2002-047
Page 25
EXHIBIT L:COLOR SCHEMES
CUP 2002-0065: PD-17 Master Plan of Development
...... .............,,,
Ra
544 Flagstone
f/
213 Ek ,. O xrt 5,183ew r it fE t Taat:x
_ ., .. .. .• 4.#.,. SbC�,E>„Mn,E�v.771v },"��-XF?i?.S�'7Ls7.3# �`.
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27 maarko Piaasket
526 Citadel] adt pnintaxi
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k.?„,.g �"[4 1✓`SY�� 'ate!�y���S'K l �'ak'� sd
534
........................____..___... AFB.AA,,,s(, i3
549 6 eiidio al Sumet 161"Nhaas Sfa=u asw`a
521 L,l'taaiv :iJ: W'1'.3t>;: