HomeMy WebLinkAboutResolution 2002-053 RESOLUTION NO. 2002-053
A RESOLUTION ATASCADERO CITY COUNCIL APPROVING
CONDITIONAL USE PERMIT 2002-0067, A MASTER PLAN OF
DEVELOPMENT FOR THE PD-16 OVERLAY ZONING DISTRICT ON
APN 049-023-0309 049-291-0169 049-291-005
(2000 Ferrocarril Avenue / 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
Planned Development overlay zone change to PD-16 with the adoption of a Master Plan of
Development, and an sixteen-lot cluster residential tract map, on a 31+/- acre lot located at 2000
Ferrocarril Road(APN 049-023-030, 049-291-016, 049-291-005); and,
WHEREAS, the site's vested General Plan Designation is PUB (Public) and SSF (Single
Family Suburban); and,
WHEREAS, the site's vested zoning district is P (Public) and RS (Residential
Suburban); and,
WHEREAS, the Planning Commission has recommended that a site be rezoned to a PD-
16 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 November 5, 2002, studied and considered the Master Plan of Development for Zone
Change 2002-0067, after first studying and considering the Draft Mitigated Negative Declaration
prepared for the project, and,
WHEREAS, the Atascadero City Council, at a Public Hearing held on December 10,
2002, studied and considered the Master Plan of Development for Zone Change 2002-0067, after
first studying and considering the Draft Mitigated Negative Declaration prepared for the project,
and,
City of Atascadero
Resolution No.2002-053
Page 2
NOW, THEREFORE,the City Council takes the following actions:
SECTION 1. Findings for 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-16 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 December 10, 2002, resolved to approve Conditional Use Permit 2002-0067, a Master Plan of
Development for Zone Change 2002-0029 subject to the following:
1. EXHIBIT A: CONDITIONS OF APPROVAL
2. EXHIBIT B: SITE PLAN
3. EXHIBIT C: STATISTICAL SUMMARY OF PROJECT
4. EXHIBIT D: ARBORIST REPORT
5. EXHIBIT E: ELEVATIONS /COLOR AND MATERIALS
City of Atascadero
Resolution No.2002-053
Page 3
On motion by Council Member Scalise and seconded by Council Member O'Malley, the
foregoing Resolution is hereby adopted following roll call vote:
AYES: Council Members O'Malley, Scalise and Mayor Clay
NOES: Council Members Luna and Pacas
ABSTAIN: None
ABSENT: None
ADOPTED: December 10, 2002
By:
eClay, , Mayor
Attest:
0
Marcia McClure Torgerson, City erk
Approved as to form:
1
Roy A. anley, 6ity Att ey
City of Atascadero
Resolution No.2002-053
Page 4
EXHIBIT A:Conditions of Approval
CUP 2002-0067: PD-16-2 Master Plan of Development
Conditions of Approval Timing Responsibility Mitigation
CUP 2002-0067 /Monitoring Measure
PD-16-2 Overlay 2000 Ferrocarril PS:Planning Services
BL:Business License BS:Building Services
GP:Grading Permit FD:Fire Department
BP:Building Permit PD:Police Department
FI:Final Inspecton CE:City Engineer
TO:Temporary Occupancy WW:Wastewater
F0:Final Occupancy CA City Attomey
Planning Services
1. The approval of this use permit shall become final and PS
effective following the end of the referendum period for
Zone Change 2001-0029.
2. Approval of this Master Plan of Development shall be valid BP PS
concurrently with the life of Tentative Tract Map 2002-0014
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 the BP/FM PS
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. All subsequent Tentative Tract Maps and construction BP/FM PS
permits shall be consistent with the Master Plan of
Development contained herein.
5. All exterior elevations of proposed units shall be of BP PS
equivalent architectural character and quality with the
Master Plan of Development as shown in E.
All houses shall have a minimum floor area of 1200 square
feet and two covered parking spaces.
6. All site development shall be consistent with the maximum BP/FM PS
intensities described in the statistical project summary as
shown on Exhibit C..
7. All site work, grading and site improvements shall be BP/FM PS
consistent with the Master Plan of Development as shown
in B.
8. Native oaks trees shall be preserved and protected during BP PS
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
City of Atascadero
Resolution No.2002-053
Page 5
Conditions of Approval Timing Responsibility Mitigation
CUP 2002-0067 /Monitoring Measure
PD-16-2 Overlay 2000 Ferrocarril PS:Planning Services
BL:Business License BS:Building Services
GP:Grading Permit FD:Fire Depadment
BP:Building Penn PD:Police Department
FI:Final Inspection CE:qty Engineer
TO:Temporary Occupancy WW:Wastewater
FO:Final Occupancy CA City AMmey
D.
Mitigation Measures
9. 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.
Increased watering frequency would be required
whenever wind speeds exceed 15 mph.
Reclaimed water should be used whenever
possible.
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 approved
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.
City of Atascadero
Resolution No.2002-053
Page 6
Conditions of Approval Timing Responsibility Mitigation
CUP 2002-0067 /Monitoring Measure
PD-16-2 Overlay 2000 Ferrocarril PS:Planning Services
BL:Business License BS:Building Services
GP:Grading Permit FD:Fire Departrnent
BP:Building Pemdt PD:Poke Departrnent
FI:Final Inspection CE:City Engineer
TO:Temporary Occupancy WW:Wastewater
F0:Final Occupancy CA:City Attorney
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
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-pile areas should be sprayed daily as
needed.
10. A multi-use Class I bicycle, pedestrian and equestrian IP PS 3.c.1.
trail will be provided from Chico Road to the Salinas River
and along the shoulder of the new proposed street.
11. Large canopy shade trees shall be provided along street IP PS 3.c.2.
frontages to minimize urban heat build-up.
12. All construction within the drip lines of native trees shall IP PS 4.e.1.
be consistent with the mitigation requirements of the
5/13/02 arborist report.
13. A tree fencing protection plan shall be submitted with IP PS 4.e.2.
construction plans and installed prior to permit issuance
14. All tree removals shall be mitigated consistent with the IP PS 4.e.3.
requirements of the Atascadero Native Tree Ordinance
15. An arborist shall be retained monitor construction, IP PS 4.e.4.
mitigations,and overall tree health.
16. A Storm Water Pollution Prevention Plan (SWPPP) will IP PS 8.c.1.
be required to be approved by the RWQCB prior to
construction.
17. Deed disclosures shall be recorded against all lots FM PS 11.a.1.
notifying potential buyers that noise levels on their
property will most likely exceed the recommended limits
established by the City of Atascadero when trains are
present on the tracks. Advise buyers that noise levels
during train passbys will be very loud, potentially
annoying,and perhaps startling.
18. Locate outdoor living spaces out of direct line-of-sight IP PS 11.a.2.
with the railway to the extent possible.
19. Installed landscaped berms around outdoor living areas IP PS 11.a.3.
that have direct line-of-sight with the railway.
City of Atascadero
Resolution No.2002-053
Page 7
COnditlons Of Approval Timing Responsibility Mitigation
CUP 2002-0067 /Monitoring Measure
PD-16-2 Overlay 2000 Ferrocarril PS:Planning Services
BL:Business License BS:Building Services
GP Grading Permit FD:Fire Depa herd
BP:Building Perot PD:Police Department
FI:Final Inspection CE:City Engineer
TO:Temporary Occupancy WW:Wastewater
F0:Final Occupancy CA City Attorney
that have direct line-of-sight with the railway.
20. Construct all housing will stucco siding and concrete or On Going PS 11.a.4.
tile roofing materials to reduce interior noise.
21. Minimize windows that have direct line of sight with On Going PS 11.a.5.
railway.
22. Prior to recording the final map, the applicant shall make FM PS/CE AMWC-1
every effort to annex the property into the AMWC service
area. The annexation is required to provide the
subdivision with an adequate, safe and reliable source of
water for domestic and fire suppression uses. If
annexation into the AMWC service area fails for reasons
beyond the control of the applicant, the applicant shall
perform well tests on each lot to the satisfaction of the
City Engineer. The final map shall not record until the
well tests reveal there is an adequate, safe, reliable and
long-term water supply available for each lot.
23. The applicant shall provide a 145-foot wide exclusionary FM PS AMWC-2
easement contiguous to the northerly tract boundary that
expressly prohibits construction of septic systems or
wells, or otherwise approved by the Atascadero Mutual
Water Company. The applicant shall provide the
easement by separate instrument, shall show the
easement on the final map, and shall address the
restrictions in the CC&R's for the project.
24. The applicant shall record instruments separate from and FM PS AMWC-3
concurrent with the final map that discloses the following to
all property owners within the subdivision. AMWC shall
review and approve the form and content of the instruments
relative to these conditions of approval before they record.
a. AMWC operates community water wells on the
parcel adjacent to the subdivision (the "River
Parcel") and that operation said community wells
will have influence over and interfere with the
private wells constructed on the lots within the
subdivision.
b. Development and operation of community wells
and other water-related facilities on the River
Parcel will be of an industrial nature. Impacts to
the subdivision will result from operations on the
River Parcel that produce intermittent and
continuous noise and dust. Other activities will
include the drilling of wells, excavation of recovery
ponds, construction of pipelines, hauling, handling
and storage of hazardous materials, and
construction of well and treatment buildings.
c. The existence of an easement that prohibits
City of Atascadero
Resolution No.2002-053
Page 8
Conditions of Approval Timing Responsibility Mitigation
CUP 2002-0067 /Monitoring Measure
PD-16-2 Overlay 2000 Ferrocarril PS:Planning services
BL Business License BS:Building Services
GP:Grading Permit FD:Fire Department
BP:Building Permit PD:Police Department
FI:Final Inspection CE:City Engineer
TO:Temporary Occupancy WW:Wastewater
F0:Final Occupancy CA:City Attorney
construction of septic systems or wells within 145-
feet of the northerly tract boundary.
d. The possible future uses of the River Parcel that
could include residential subdivisions, public parks
or other uses.
e. Prohibitions on the export of water from the private
wells within the subdivision or transfer of water
between properties within the subdivision.
25. All proposed trail access points on to AMWC property, FM PS AMWC-4
the Salinas River or the De Anza trail shall include
appropriate signage and vehicular barriers to prevent
property damage, damage to the riparian environment,
vandalism, uses inconsistent with AMWC policies, or
other inappropriate or illegal uses. All access points shall
be adequately maintained by the City or an entity
established to maintain the trail system. Access to
AMWC property where the proposed roadway is
contiguous to the northerly tract boundary shall be
controlled in a manner consistent with other access
points to AMWC property.
-end of conditions-
City of Atascadero
Resolution No.2002-053
Page 9
EXHIBIT B:Site Plan Sheet 1
CUP 2002-0067: PD-76-2 Master Plan of Development
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City of Atascadero
Resolution No.2002-053
Page 10
EXHIBIT B:Site Pian Sheet 2
CUP 2002-0067: PD-16-2 Master Plan of Development
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City of Atascadero
Resolution No.2002-053
Page 11
EXHIBIT C Statistical Summary of Project
CUP 2002-0067: PD-16-2 Master Plan of Development
Lot 1 2.50 ac residential
Lot 2 2.50 ac residential
Lot 3 2.50 ac residential
Lot 4 2.50 ac residential
Lot 5 2.50 ac residential
Lot 6 2.50 ac residential
Lot 7 2.52 ac residential
Lot 8 2.77 ac residential
Lot 9 1.14 ac residential
Lot 10 1.14 ac residential
Lot 11 1.22 ac residential
Lot 12 1.01 ac residential
Lot 13 1.00 ac residential
Lot 14 2.80 ac residential
Lot 15 2.47 ac residential
Lot 16 5.77 ac open space
City of Atascadero
Resolution No.2002-053
Page 12
EXHIBIT D: Arborist Report page 1
CUP 2002-0067: PD-16-2 Master Plan of Development
HL5- 2002
J"A
802 PASO ROBLES STREET PASO ROBLES,CALIFORNIA 93446 80542
ARBOR
TREE SURGERY
Date: 5/13/02 FILE COPY
To: Kelly Gearhart
From: Steven Alvarez,Arbor Tree Surgery
Re: Riverbed Development,Atascadero
This report is in regards to the Oak Trees bordering the existing road through the
Riverbed Development. After reviewing the site,fifteen Oak.Trees will have impacts
varying from slight to recommending removal. The trees are labeled on the
accompanying map in an Bast to West direction. A large proportion of the trees require
"road clearance"which unless otherwise specified will require a maximum of 5-10%
canopy removal for vehicular traffic. The height above road level should be 16 feet. All
pruning activities should be supervised by a trained arborist. "Dbh"referred to below is
the diameter at breast height. Two trees will require retaining walls that should be
constructed according to the following mitigation measures:
1) Trenching operations should be either hand dug or performed by an
experienced backhoe operator.
2) All roots encountered larger than one inch in diameter should be cut with
sharp tools.
3) The footing should be re-buried as soon as practically possible.
Trees
1) 24"Live Oak-Road Clearance
2) 36"Live Oak-Road Clearance
3) 24"Live Oak-Road Clearance
4) 48"Live Oak-Road Clearance
5) 28"Live Oak-Road Clearance
6) 14"Live Oak-Removal is recommended for this tree due to its proximity
to the roadway.
7) 60"Live Oak-Road Clearance
8) 72"Live Oak-Road Clearance
9) 40"Live Oak-Road Clearance
10) 11"Live Oak-This tree requires a retaining wall at approximately 8 feet
out from the main stem so the soil level can be returned to its original
grade.
11) 8"Live Oak-A retaining wall should be constructed to return soil level to
its original grade.
12) 28"Live Oak-Road Clearance
City of Atascadero
Resolution No.2002-053
Page 13
EXHIBIT D: Arborist Report page 2
CUP 2002-0067: PD-16-2 Master Plan of Development
13) 50"White Oak-This particular tree has an extremely poor crotch between
its two dominant stems. Failure is highly probable. Removal is
recommended.
14) 48"White Oak-Road Clearance
15) 42"White Oak-Road Clearance
All trees,except the removals,should be protected with construction fencing at
the edge of the roadway. Excess fill should not be placed under the drip line of any tree.
Drip line areas should not be used as a storage site nor should heavy machinery be
operated there. All contractors working in this vicinity should sign off on this arborist
report along with the plans identifying the trees.
Sincerely,
Steven G.Alvarez
Certified Arborist#0511
Arbor Tree Surgery
Arborist Report page 3
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City of Atascadero
Resolution No.2002-053
Page 15
EXHIBIT E: ELEVATIONS AND COLOR AND MATERIALS
CUP 2002-0067: PD-16-2 Master Plan of Development
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