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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 i � * fir' �i�r ""k', ' �,,•/ ��i �tl� �tI,Oij � �r" x; t✓*�"� `�I+.i1 4 .:4�° ,444# t J "2 f � rM' • �'^`. ��i i i< c r E f �#1 t #�' i f f ' � I11�+SII j��+� 0 14; 1� t� ` ;x� ���"��,, q �" '��i�.r it i r �j+r�3 l t �r r• t'.��f� � * � ,r � _ � i I 1 '� t �'�,�� � �^� • tib Y" e # 4 s Yfit l # g lI rt b R .................. b ". City of Atascadero Resolution No.2003-030 Page 5 of 9 Exhibit A: Master Plan of Development CUP 2002-0078 I / oR � y Proposed Open Space/Tree Preservation Easement _✓,y �� ,+ " +��+ Existing i~y ,,� '�'�'I u ►II ' g Access Road Proposed Open l� rJJJI /�1;11 `-�` Space/Tree y Proposed r v - t 'i+r J ` Preservation ,�� . , � � � irr�,r � • ` Easment Building Site 2 hNfrr�fJr ' �� Il11 J '� Proposed T 8 � • I' I�` Building If ,o Site 1 Existing Open _ -_ - Space/Tree _ - ' - �reservation Easement `"`"\ 11 ,I r f N I aP � 4 •a Tree Protection Easement 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