HomeMy WebLinkAboutResolution 2003-030 RESOLUTION NO. 2003-030
A RESOLUTION OF ATASCADERO CITY COUNCIL APPROVING
CONDITIONAL USE PERMIT 2002-0078, A MASTER PLAN OF
DEVELOPMENT FOR THE PD-16 OVERLAY ZONING DISTRICT ON
APN 054-192-001, 054-111-051, AND A PORTION OF 054-181-006
(6205 San Gabriel Road/Rancho De Paraiso, LLC.)
WHEREAS, an application has been received from Wilson Land Surveys (7600 Road,
Atascadero, CA 93423) Applicant, and Rancho De Paraiso LLC (6250 San Gabriel Road,
Atascadero, CA 93422), Property Owner, to allow a zone change from RS (Residential
Suburban— minimum lot size 2 1/2 to 10 acres) to RS / PD-16 (Residential Suburban—minimum
lot size 21/2 to 10 acres with Planned Development Overlay 16), the adoption of a Master Plan of
Development, and a five-lot residential Tentative Tract Map on APN 054-192-001, 054-111-051,
and a portion of 054-181-006; and,
WHEREAS, the site's General Plan Land Use Designation is Residential Estates (RE);
and,
WHEREAS, the site's zoning district is Residential Suburban (RS); 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 May 20, 2003, studied and considered the Master Plan of Development for Zone Change
2002-0034, after first studying and considering the Proposed Mitigated Negative Declaration
prepared for the project, and,
WHEREAS, the Atascadero City Council, at a Public Hearing held on June 24, 2003,
studied and considered the Master Plan of Development for Zone Change 2002-0034, after first
studying and considering the Proposed Mitigated Negative Declaration and Planning
Commission recommendation prepared for the project, and,
City of Atascadero
Resolution No.2003-030
Page 2 of 9
NOW, THEREFORE, the City Council takes the following actions:
SECTION 1. Findings for Recommendation of 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 June 24, 2003, resolved to approve Conditional use Permit 2002-0078, a Master Plan of
Development for Zone Change 2002-0034 subject to the following:
1. EXHIBIT A: Master Plan of Development Site Plan
2. EXHIBIT B: Conditions of Approval
3. EXHIBIT C: Statistical Summary Table
City of Atascadero
Resolution No.2003-030
Page 3 of 9
On motion by Council Member Scalise, and seconded by Mayor Clay 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: June 24, 2003
By:
J" y L. Cl , Sr., ayor
1
Attest:
Marcia McClure Torgerson, City Cler
Approved as to form:
L �- qk6,
Roy A Hanley, City At rney
City of Atascadero
Resolution No.2003-030
Page 4 of 9
Exhibit A: Master Plan of Development
CUP 2002-0078
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City of Atascadero
Resolution No.2003-030
Page 5 of 9
Exhibit A: Master Plan of Development
CUP 2002-0078
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City of Atascadero
Resolution No.2003-030
Page 6 of 9
Exhibit B: Conditions of Approval
CUP 2002-0078(Master Plan of Development)
Mitigation Measures-CEQA
Mitigation Measure 3.b: The project shall be conditioned to BP BS b
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
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 1
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
a ment into the Tree Mitigation Fund,and on
Mitigation Measure 5.b: Should an 8 cultural resources be GP PS b
City of Atascadero
Resolution No.2003-030
Page 7 of 9
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
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 6&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 6.cA
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.e.f.1: A Storm Water Pollution GP BS 8,e
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
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 GP PS,BS,CE 6,b,
comply with the City of Atascadero Noise Ordinance for hours
of operation.
Conditions of Approval Timing Responsibility Mitigation
CUP 2002-0078(Master Plan of Development)6205 San /Monitoring Measure
Gabriel Road 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:CityAtomey
Planning Services
City of Atascadero
Resolution No.2003-030
Page 8 of 9
Conditions of Approval Timing Responsibility Mitigation
CUP 2002-0078(Master Plan of Development)6205 San /Monitoring Measure
Gabriel Road 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
FO:Final Occupancy CA:City Attorney
1. The approval of this use permit shall become final and PS
effective following the end of the referendum period for
Zone Change 2002-0034.
2. Approval of this Master Plan of Development shall be BP PS
valid concurrently with the life of Tentative Tract Map
2002-0024 and then indefinitely following final map.
The Master Plan of Development (CUP 2002-0078)
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
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 Subdivision 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 BP/FM PS
the Master Plan of Development (CUP 2002-0078)
approved for the site.
6. The Open Space/Tree Preservation Easement shall be FM PS
designated as a non-build, non-storage area,and shall
be titled"Open Space/Tree Preservation Easement
Area"and recorded as such on the Final Parcel Map.
"Septic systems are allowed within the open space/tree
preservation easement,but not within native tree drip
lines"shall be added to the Final Map.
A tree protection easement shall be added at the drip
line of the oak tree shown on Parcel 1.
City of Atascadero
Resolution No.2003-030
Page 9 of 9
Exhibit B:Statistical Summary
CUP 2002-0078(Master Plan of Development)
Parcel Size (gross acres) 7.03 acres 2.73 acres
Parcel Size (net)(1 .0 min.) 3.93 acres 1 .09 acres
% Slope: Building Site (under 20%) 20% 20%
Open Space Area (acres)-Existing 0.52 acres 0
Open Space Area (acres)-Proposed 1 .85 acres 0
Minimum Lot Size 4.06 acres 1 .0 ac.net
Total Site Area: 8.12 acres