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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 ' t I ! ( ! ! -- - t _ llp a ` • g lf t p a : fE @ iiRi l'l 'llcs il1�;1 1 111°Iii l City of Atascadero Resolution No.2002-047 Page 10 EXHIBIT C Utility Plan CUP 2002-0065: PD-17 Master Plan of Development w, aGOOS180SOO 0 eel 4 j FH ' g ) . Er rr� y b f�yy��r 1 "l i I r 1 t , r � } <r �. qs 40, IRA", 44 1 7 p wii"JL qv � k ws d uu t 111114, <� ttt * E w s .. City of Atascadero Resolution No.2002-047 Page 12 EXHIBIT E:Grading and Drainage Plan CUP 2002-0065: PD-17 Master Plan of Development r � 3 1 I , i a LNJ § at q I jP , 1 1! LM AQ a M1 Rig I 3 w w 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, 0 ,a' n d '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 L Iz !li 1•i !g 1 z z Y!Y Y R■I ' ll1ill1and{ifl�ilil�ll s�� Illi �p�u.Yw•+s�■YI�+.+{+YI11 J1� milli Illi III T11 0 01 8 � ♦ a ! R■ ■ R■ � ■ i ■ l !I l I sll I I � I n 3 R Y IN 9 b 11'g!g� gg r wo I Ili I I �o ��a�i�lE A ri N all iF s� a ; 1 R■ If S 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 I .94 52 SF "+w...:,.' 3' �3•"y/ .,y*` fix. *� 3 1 �s s f f 7.i x z z`S�.. {.fir r"Y.8 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 s I 07Z Lc - .J-7 ._. q 5 : 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 0 00 tj ..._ i L� C !"r3 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 1 i .. "12 �� 222 h ..�.....,._.....,.... .., rp [[ 3 f� R .u .__.......... ..�r_. . .,. .,_� i� w 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# �`. r, 27 maarko Piaasket 526 Citadel] adt pnintaxi �� dr 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>;: