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HomeMy WebLinkAboutResolution 2003-003 RESOLUTION NO. 2003-003 A RESOLUTION OF ATASCADERO CITY COUNCIL APPROVING TENTATIVE TRACT MAP 2002-0015 THEREBY ALLOWING A FIVE LOT RESIDENTIAL SUBDIVISION OF APN 045-441- 035 & 045-441-004 CONSISTENT WITH THE PD-16 MASTER PLAN OF DEVELOPMENT (CUP 2002-0086) (9105 & 9127 San Diego Road /APN 045-441-035 & 045-441-004 / William Mehring) WHEREAS, an application has been received from Will Mehring (11190 Santa Lucia Road, Atascadero, CA 93423) Applicant and Property Owner, to consider a project consisting of an amendment to the City's Zoning Text to create a new Planned Development Overlay District (PD 16), a zone change from RS (Residential Suburban — minimum lot size 21/2 to 10 acres) to RS / PD-16 (Residential Suburban— minimum lot size 2 1/2 to 10 acres with Planned Development Overlay 16), the adoption of a Master Plan of Development, and a five-lot residential Tentative Parcel Map on APN 045-441-035 &045-441-004; and, WHEREAS, the site's General Plan Designation is RE (Residential Estates; and, WHEREAS, the site's current zoning district is RS (Residential Suburban; with a minimum lot size of 21/z to 10 acres); and, WHEREAS, the Planning Commission has recommended that the site be rezoned to include a PD-16 overlay with a Master Plan of Development allowing a five-lot subdivision of the site; 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 Tentative Parcel Map 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 application; and, WHEREAS, the Planning Commission of the City of Atascadero, at a public hearing held on December 17, 2002, studied and considered Tentative Tract Map 2002-0015, after first studying and considering the Draft Mitigated Negative Declaration prepared for the project and thereby recommended approval; and, City of Atascadero Resolution No.2003-003 Page 2 WHEREAS, the Atascadero City Council, at a public hearing held on February 11, 2003, studied and considered Tentative Tract Map 2002-0015, after first studying and considering the Draft Mitigated Negative Declaration prepared for the project; and, NOW, THEREFORE, the Atascadero City Council takes the following actions: SECTION 1. FINDINGS OF APPROVAL FOR TENTATIVE TRACT MAP, the Atascadero City Council finds as follows: a) The proposed subdivision, as conditioned, is consistent with the General Plan and applicable zoning requirements. b) The design and improvement of the proposed subdivision is consistent with the General Plan and applicable zoning requirements. c) The proposed subdivision, as conditioned, is consistent with the Planned Development Overlay District #16 Master Plan of Development (CUP 2002- 0086). d) The site is physically suitable for the type of development proposed. e) The site is physically suitable for the density of development proposed. f) The design and improvement of the proposed subdivision will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat. g) The design of the subdivision will not conflict with easements acquired by the public at large for access through, or the use of property within, the proposed subdivision; or substantially equivalent alternative easements are provided. h) The proposed subdivision design and type of improvements proposed will not be detrimental to the health, safety or welfare of the general public. SECTION 2. APPROVAL. The Atascadero City Council, in a regular session assembled on February 11, 2003 resolved to approve the Tentative Tract Map (TTM 2002- 0015) subject to the following: a) Exhibit A: Tentative Tract Map 2002-0015 b) Exhibit B: Conditions of Approval On motion by Council Member O'Malley, and seconded by Council Member Pacas the foregoing Resolution is hereby adopted following roll call vote: City of Atascadero Resolution No.2003-003 Page 3 AYES: Council Members Luna, O'Malley, Pacas, Scalise and Mayor Clay NOES: None ABSTAIN: None ABSENT: None ADOPTED: February 11, 2003 9Y7 Sr., Mayor Attest: Marcia McClure Torgerson, City Cl Approved as to form: �&, 6,"% 1A1 Roy A� nley, City Attorn r City of Atascadero Resolution No.2003-003 Page 4 Exhibit A: Tentative Tract Map ZCH 2002-0031/CUP 2002-0089/TTM 2002-0015 � 7 ' r ynxnnaz< h�'�r ! t }j,"' �_ $&$Y •- 6$ .` � ce b ✓ = Ve- T rzti� t� S, 7 in sae n ttYs a�� RkE "", ! }1, "£ `mik toil nn r dIj § -?v; s £ 2 mum "t - ' j t oil t 7-1 t� s NOSS $`D aa. f r oszt 3 $ 1 t t " r k ( litr 4ii yyY t s $aE M aa.r� o i aw 1 y a t14.jd11 r ` a gg s '", n: it 11 t �tL�z� z saw �� �"�� ��H �.,� � '� '��n i .b Jy �' "". �3�r int(��!!t�• ���� tt §{ fr r 1 R3 Ay Y r 4bhp; % r': ca r z aa "F *sai rlot 4u s I ys; - r.. N �i ,a . A � � s r';�sac .�}•,� t 11 f l r�yyr ..�,a r,,• � q�t ` kl�• t)rYlr r i =Tjjld1 ltrr 4� tis MRS- TU ��1r1IrJ �✓(� �'`4r• � iP sE r 1 l, l,ttt p tr 11r 1 aS% �,_ x .Y'� ,r�''++y, i� 15111`�544l2 f! 2 a • � " m'ti �i� E ze'��2 � 1t�e1 11111 6 ""• wja 44- " s gig .....:... ...i... 3y�r SII A" w # r»a t t I "' _" 3 mak.. .. E. City of Atascadero Resolution No.2003-003 Page 5 EXHIBIT B: Conditions of Approval ZCH 2002-0031/CUP 2002-0089/TTM 2002-0015 Conditions of Approval Timing Responsibility Mifiga /Monitoring �silfo PM:Parcel Map 9105 8c 9127 San Diego Road GP:Grading Permit PS:Planning Services BP:Building Permit BS:Building Services TO:Ten"rary Occupancy FD:Fire Department Tentative Tract Map 2002-0015 FO:Final Occupancy PD:Police Department PI:Public Improvements CE:City Engineer WW:Wastewater CA:City Attorney AMWQ Atascadero Mutual Water Corgrany Planning Services 1. The approval of this application shall become final, subject PM PS to the completion of the conditions of approval, fourteen (14) days following the Planning Commission approval unless prior to the time, an appeal to the decision is filed as set forth in Section 9-1.111(b)of the Zoning Ordinance. 2. The Tentative Tract Map application shall not be deemed approved until the end of the ordinance referendum period and enactment of Zone Change 2002-0031. 3. Approval of this Tentative Tract Map shall be valid for two PM PS years after its effective date. At the end of the period, the approval shall expire and become null and void unless an extension of time is granted pursuant to a written request received prior to the expiration date. 4. The Community Development Department shall have the PM PS authority to approve minor changes to the project that (1) result in a superior site design or appearance, and/or (2) address a construction design issue that is not substantive to the Tentative Tract Map. 5. The Final Map shall be subject to additional fees for park or PM PS recreation purposes (QUIMBY Act) as required by City Ordinance. 6. The granting of this entitlement shall apply to the property On going PS located at 9105 & 9127 San Diego Road (APN 045-441- 035&045-441-004)regardless of owner. 1. The Open Space Easement shall be titled"Open Space FM PS/CE Easement Area"and designated as non-build,non-storage area,and shall recorded as it appears in the approved exhibits. 2. Future construction on the lots shall be consistent with the BP PS Master Plan of Development (CUP 2002-0089) approved City of Atascadero Resolution No.2003-003 Page 6 Conditions of Approval Timing Responsibility ga#lan /Monitoringttllene PM:Parcel Map 9105&9127 San Diego RoadGP:Grading Pe mtt PS:Planning Services BP:Building Permit BS:Building Services TO:Temporary Occupancy FD:Fire Department Tentative Tract Map 2002-0015 F0:Final Occupancy PD:Police Department PI:Public Improvements CE:City Engineer WW:Wastewater CA:City Attomey AMWC:Atascadero Mutual Water Company for the site. 3. A final map drawn in substantial conformance with the PM PS approved tentative map, and in compliance with all conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. Mitigation Measures-CEG A Mitigation Measure 3.b: The project shall be conditioned to BP BSb comply with all 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 City of Atascadero Resolution No.2003-003 Page 7 Conditions of Approval Timing Responsibility iYfitigatien /Monitoring lllilre PM:Parcel Map 9105 S 9127 San Diego Road GP:Grading Permit PS:Planning Services BP:Building Permit BS:Building Services TO:Temporary Occupancy FD:Fire Department Tentative Tract Map 2002-0015 FO:Final Occupancy PD:Police Department PI:Public Improvements CE:City Engineer WW:Wastewater CA:City Attorney AMWC:Atascadero Mutual Water Company 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. Large canopy shade trees shall be provided along street frontages and within parking areas to shade paved areas and minimize urban heat build-up. Mitigation Measure 4.e.1: A Tree Protection Plan prepared by GP PS a Certified Arborist according to the City Of Atascadero guidelines shall be submitted during the building permit process and approved for the development of each new parcel or redevelopment of existing parcels. All tree removals shall be mitigated according to the Atascadero Tree Ordinance, by payment into the Tree Mitigation Fund, and on Mitigation Measure 5.b: Should any cultural resources be GP PS bail unearthed during site development work,the provisions of CEQA-Section 15064.5,will be followed to reduce impacts to a non-significant level. Mitigation Measure 6.b.1: An erosion and sedimentation GP PS,BS,CE iia1.2 control plan shall be required for single family residential building permits on the site. All measures required by the City and the Regional Water Quality Control Board to prevent soil, dirt, and debris from entering the storm drain system during and after construction shall be implemented.The plan shall implement Regional Water Quality Control Board Best Management Practices(BMP's)and shall be subject to review and approval of the City Engineer and Planning Staff at the time of Building Permit application. Mitigation Measure 6.b.2: All cut and fill slopes shall be GP PS,BS,CE SIs.4 hydroseeded with an appropriate erosion control method (Straw wattles, erosion control blanket, hydro-mulch, or straw mulch appropriately anchored) immediately after completion of earthwork between the months of October 15 through April 15. All disturbed slopes shall have appropriate erosion control methods in place. For the duration of the project the contractor will be responsible for proper erosion control implementation and the clean-up of any mud or debris that is tracked onto public streets by construction vehicles. Mitigation Measure 6.c.d: A soils report shall be required to be GP BS o d submitted with a future building permit by the building department.The building plans will be required to follow the recommendations of the soils report to assure safety for occupants and buildings. Mitigation Measure 8.f.1/6.b.1: An erosion and sedimentation GP BS ',a control plan shall include storm water measures for the operation and maintenance of the project for the review and approval of the City Engineer for single family residential building permits on the site. All measures required by the City and the Regional Water Quality Control Board to prevent soil, dirt, and debris from entering the storm drains stem shall be City of Atascadero Resolution No.2003-003 Page 8 Conditions of Approval Timing Responsibility Mitigs#ien /Monitoring MemEsiadre 9105 8s 9127 San Die9 o Road PM:Parcel Map GP:Grading Permit PS:Planning Services BP:Building Permit BS:Building Services TO:Temporary Occupancy FD:Fre Department Tentative Tract Map 2002-0015 FO:Final Occupancy PD:Police Department PI:Public Improvements CE:City Engineer WW:Wastewater CA:City Attorney AMWC:Atascadero Mutual Water Company implemented during and after construction. Regional Water Quality Control Board Best Management Practices(BMP's) shall be included.The Building Permit application plans shall identify Best Management Practices(BMPs)appropriate to the uses conducted on site that effectively prohibit the entry of pollutants into storm water runoff. Mitigation Measure 8.e.f.1: A Stormwater Pollution GP PS,BS,CE tib.i Prevention Plan(SWPPP)/Erosion Control Plan shall be submitted and approved by the City Engineer prior to the issuance of the building permit. The plan shall include storm water measures for the operation and maintenance of the project for the review and approval of the City Engineer. The Building Permit application plans shall identify Best Management Practices(BMPs)appropriate to the uses conducted on site that effectively prohibit the entry of pollutants into storm water runoff. Mitigation Measure 8.e.f.2: The developer is responsible for GP PS,BS,CE 8b3 ensuring that all contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices,citations, or stop orders. Mitigation Measure 11.d: All construction activities shall BP,GP BS 11.d comply with the City of Atascadero Noise Ordinance for hours of operation. Construction activities shall be limited to the following hours of operation: 7 a.m.to 7 p.m. Monday through Friday • 9 a.m.to 6 p.m. Saturday • No construction on Sunday Further, particularly loud noises shall not occur before 8 a.m. on weekdays and not at all on weekends. The hours of construction may be modified by the Community Development Director upon a determination that unusually loud construction activities are having a significant impact on the neighbors. Failure to comply with the above-described hours of operation may result in withholding of inspections and possible construction prohibitions, subject to the review and approval of the Planning Commission. A sign shall be posted on-site with the hours of operation and a telephone number of the person to be contacted in the event of any violations. The details of such a sign shall be approved by staff during the Grading Plan/Building Permit review process. City of Atascadero Resolution No.2003-003 Page 9 Conditions of Approval Timing Responsibility AAitigs#i /Monitoring Measure 9105&9127 San Diego Road PM:Parcel Map PS:Planning g GP:Grading Penni) g Services BP:Building Permit BS:Building Services TO:Temporary Occupancy FD:Fire Department Tentative Tract Map 2002-0015 F0:Final Occupancy PD:Police Department PI:Public Improvements CE:City Engineer WW:Wastewater CA:City Attorney AMWC:Atascadero Mutual Water Company Engineering Project Specific Conditions: 4. The applicant shall access provide easements for all FM CE parcels to share access on the existing driveway. 5. Applicant to provide 2" full width asphalt overlay on San Diego Road across the entire property frontage prior to Certificate of Occupancy. Engineering Standard Conditions: 12. All public improvements shall be constructed in conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings and/or as directed by the City Engineer. 13. In the event that the applicant is allowed to bond for the public improvements required as a condition of the final map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 14.An engineer's estimate of probable cost shall be submitted for review and approval by the City Engineer to determine the amount of the bond. 15.The Subdivision Improvement Agreement shall record concurrently with the Final Map. 16.An encroachment permit shall be obtained prior to the issuance of building permit. 17.The applicant shall enter into a Plan Check/Inspection agreement with the City. 18.A six(6)foot Public Utility Easement(PUE)shall be provided contiguous to the San Diego Road property frontage. 19.The applicant shall be responsible for the relocation and/or alteration of existing utilities. 20.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. 21.The applicant shall monument all property corners for construction control and shall promptly replace them if disturbed. 22.The applicant shall acquire title 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 City of Atascadero Resolution No.2003-003 Page 10 Conditions of Approval Timing Responsibility NNIIItIgIa#ien /Monitoring Measure 9105&9127 San Diego Road PM:Parcel Map S:Planning� PP GP:Grading Permit g Services BP:Building Penni) BS:Building Services TO:Temporary Occupancy FD:Fire Department Tentative Tract Map 2002-0015 F0:Final Occupancy PD:Police Department PI:Public Improvements CE:City Engineer WW:Wastewater CA:City Attorney AMWC:Atascadero Mutual Water Company with the necessary acquisitions.The applicant shall also gain concurrence from all adjacent property owners whose ingress and egress is affected by these improvements. 23. Slope easements shall be provided as needed to accommodate cut of fill slopes. 24. Drainage easements shall be provided as needed to accommodate both public and private drainage facilities. 25.A preliminary subdivision guarantee shall be submitted for review in conjunction with the processing of the map. 26. All existing and proposed utility, pipeline, open space, or other easements are to be shown on the parcel map. If there are building or other restrictions related to the easements, they shall be noted on the parcel map. The applicant shall show all access restrictions on the parcel map. 27.The final map shall be signed by the City Engineer prior to the map being placed on the agenda for City Council acceptance. 28. Prior to recording the final map,the applicant shall submit a map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein.The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 29. Prior to recording the parcel map,the applicant shall set monuments at all new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the parcel map,that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 30. Prior to recording the parcel map,the applicant shall pay all outstanding plan check/inspection fees. 31. Prior to recording the map,the applicant shall complete all improvements required by these conditions of approval. 32. Prior to recording the parcel map,the applicant shall have the map reviewed by all applicable public and private utility companies(cable,telephone, gas,electric,Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company indicating their review of the map. The letter shall identify any new easements that may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the parcel map. City of Atascadero Resolution No.2003-003 Page 11 Conditions of Approval Timing Responsibility MiEige� en /Monitoring MamWstultre 9105&9127 San Diego Road PM:Parcel Map PS:Planning 9 GP:Grading Permit 9 Services BP:Building Permit BS:Building Services TO:Temporary Occupancy FD:Fire Depadmem Tentative Tract Map 2002-0015 F0:Final Occupancy PD:Police Department PI:Public Improvements CE:City Engineer WW:Wastewater CA:City Attorney AMWC:Atascadero Mutual Water Company 33. Upon recording the final map,the applicant shall provide the City with a black line clear Mylar(0.4 mil)copy and a blue line print of the recorded map. 34. Prior to the final inspection of any public improvements, the applicant shall submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans. 35. Prior to the final inspection,the applicant shall submit a written certification from a registered civil engineer or land surveyor that all survey monuments have been set as shown on the final map. 36. Prior to the issuance of building permits the applicant shall submit a grading and drainage plan prepared by a registered civil engineer for review and approval by the City Engineer.