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Home My WebLink AboutResolution 2003-002 RESOLUTION NO. 2003-002 A RESOLUTION OF THE ATASCADERO CITY COUNCIL APPROVING CONDITIONAL USE PERMIT 2002-0086, A MASTER PLAN OF DEVELOPMENT FOR THE PD-16 OVERLAY ZONING DISTRICT ON APN 045-441-035 & 045-441-004 (9105 & 9127 San Diego Road/Mehring) WHEREAS, an application has been received from William Mehring, 11190 Santa Lucia Road, 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 five-lot cluster residential tract map, on a 14 +/- acre lot located at 9105 & 9127 San Diego Road (APN 045-441-035 &045-441-004); and, WHEREAS, the site's General Plan Land Use Designation is Residential Estates (RE); and, WHEREAS, the site's zoning district is 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 December 17, 2002, studied and considered the Master Plan of Development for Zone Change 2002-0031, after first studying and considering the Draft Mitigated Negative Declaration prepared for the project and thereby recommended the City Council approve the project; and, WHEREAS, the Atascadero City Council, at a Public Hearing held on February 11, 2003, studied and considered the Master Plan of Development for Zone Change 2002-0031, after first studying and considering the Draft Mitigated Negative Declaration prepared for the project, and, City of Atascadero Resolution No.2003-002 Page 2 NOW, THEREFORE, the Atascadero 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 February 11, 2003, resolved to recommend that the City Council approve Conditional use Permit 2002-0086, A Master Plan of Development for Zone Change 2002- 0031 subject to the following: 1. EXHIBIT A: Master Plan of Development Site Plan 2. EXHIBIT B: Conditions of Approval 3. EXHIBIT C: Statistical Summary City of Atascadero Resolution No.2003-002 Page 3 On motion by Council Member O'Malley, and seconded by Council Member Pacas the foregoing Resolution is hereby adopted following roll call vote: AYES: Council Members Luna, O'Malley, Pacas, Scalise and Mayor Clay NOES: None ABSTAIN: None ABSENT: None ADOPTED: February 11, 2003 B e ry L. Cl , Sr., Mayor Attest: V44� Ir6l Marcia McClure Torgerson, City Jerk Approved as to form: Roy . Hanley, City Itorney City of Atascadero Resolution No.2003-002 Page 4 Exhibit A: Master Plan of Development ZCH 2002-0031/CUP 2002-0089(Master Plan of Development) 9KK np t d »�DYR(sa r 9'( M}� i .TrN ti . PIT k ,. 3 Imp 19 11 ION'§ kF ,i f,rv ES j ea ,t' t 'NEWIN �l IRA �k � �t R not rrivful' r }' a� tW Hal` « I s �a JN pp r ry 3 rS Et `t 1W U 11K Looms A AW must a UuN ':v� aii "*ata• �i11711111f1r�',;, "+,t t suko�# i"�A7� rs"` � sry�'`"`�„^�a ,� � //' 1ilfat• s'� �` rte' r � City of Atascadero Resolution No.2003-002 Page 5 Exhibit B: Conditions of Approval CUP 2002-0089(Master Plan of Development) Conditions of Approval Timing Responsibility ZCH 2002-0031/CUP 2002-0089 /MonitoringaYas sx' PS:Planning Services 9105 8c 9127 San Diego Road Bl.:Business license BS:Building Services GP:Grading Permit FD:Fre Department BP:Building Permit PD:Police Department FI: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 PS effective following the end of the referendum period for Zone Change 2002-0031. 2. Approval of this Master Plan of Development shall be valid BP PS concurrently with the life of Tentative Tract Map 2002-0015 and then indefinitely following final map. The Master Plan of Development(CUP 2002-0089)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 that(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 Parcel Maps and construction BP/FM PS permits shall be consistent with the Master Plan of Development contained herein. 5. Future construction on the lots shall be consistent with the BP/FM PS Master Plan of Development(CUP 2002-0089)approved for the site. 6. The Open Space Easement shall be titled"Open Space FM PS/CE Easement Area"and designated as a non-build,non- storage area,and shall recorded as it appears in the approved exhibits. City of Atascadero Resolution No.2003-002 Page 6 Exhibit C: Statistical Summary ZCH 2002-0031/CUP 2002-0089(Master Plan of Development) Parcel Size (gross acres) 3.03 2.73 2.69 2.69 3.37 Parcel Size (net)(1.0 min.) 3.03 2.73-0.84 acre flag=1.89 2.69 2.69 3.37 % Slope: Building Site (under 20%) 0-10% 0-10% 0-10% 0-10% 0-10% Open Space Area (acres) 0 0 0 0 0.44 Minimum Lot Size 2.66 acres Maximum Density Allowed: One SFR per 2.66 acres Total Site Area: 14.47 acres Total Density allowed "14.47/2.66=5.43"