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HomeMy WebLinkAboutResolution 2003-031 RESOLUTION NO. 2003-031 A RESOLUTION OF THE ATASCADERO CITY COUNCIL APPROVING TENTATIVE TRACT MAP 2002-0024, THEREBY ALLOWING A TWO LOT RESIDENTIAL SUBDIVISION AT 6205 SAN GABRIEL ROAD, APN 054-192-0019 054-111-0519 AND A PORTION OF 054-181-0069 CONSISTENT WITH THE PD16 MASTER PLAN OF DEVELOPMENT (CUP 2002-0078); (Rancho De Paraiso, LLC.) WHEREAS, an application has been received from Wilson Land Surveys (7600 Road, Atascadero, CA 93422) 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 2 1/2 to 10 acres with Planned Development Overlay 16), the adoption of a Master Plan of Development, and a two-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 Designation is RE (Residential Estates); and, WHEREAS, the site's current zoning district is RS (Residential Suburban with a minimum lot size of 21/2 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 two-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 Tract 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 May 20, 2003, studied and considered Tentative Tract Map 2002-0024, 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 June 24, 2003, studied and considered Tentative Tract Map 2002-0024, after first studying and considering the Draft Mitigated Negative Declaration and Planning Commission recommendation prepared for the project; and, City of Atascadero Resolution No.2003-031 Page 2 of 8 NOW, THEREFORE, the 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 2002-0078). 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 City Council, in a regular session assembled on June 24, 2003 resolved to approve the Tentative Tract Map (TTM 2002-0024) subject to the following: a) Exhibit A: Tentative Tract Map 2002-0024 b) Exhibit B: Conditions of Approval City of Atascadero Resolution No.2003-031 Page 3 of 8 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 �Y, l/ f J rry L. ay, Sr., Mayor t Attest: �1f Marcia McClure Torgerson, City(Aerk Approved as to form: RO-Y7 anley, City lytorney City of Atascadero Resolution No. 2003-031 Page 4 of 8 Exhibit A:Tentative Tract Map TTM 2002-0024 ,A a j p / fi f 'k \ www 1t _ AStti €!� ✓ 0 40 rl f�� q 1�4. ♦ r' Additional Tree Protection Easement g � R .. , City of Atascadero Resolution No.2003-031 Page 5 of 8 EXHIBIT B: Conditions of Approval TTM 2002-0015 Conditions of Approval Timing Responsibility Mffgstivr� . /Monitoring iularre„ 6205 San Gabriel Road PM:Parcel Map GP:Grading Permit PS:Planning Services BP:Building Permit BS:Building Services TO:Temporary Occupancy FD:Fire Department Tentative Tract Map 2002-0024 F0:Final Occupancy PD:Police Departrnent PI:Public Improvements CE:City Engineer WW:Wastewater CA:City Attorney AMWC:Atascadero Mutual Water Company .........._ .... , 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 2002-0034. 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) Jima 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 6205 San Gabriel Road(APN 054-192-001,054- 111-051, and a portion of 054-181-006) regardless of owner. M. 7. The Open Space/Tree Protection Easement shall be FM PS designated as an"Open Space/Tree Protection Easement' and recorded on the Final Map as such."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. City of Atascadero Resolution No.2003-031 Page 6 of 8 Conditions of Approval Timing Responsibility iRi>7 ►dbn /Monitoring (iil�eaaue it 6205 San Gabriel Road PM:Parcel Map PS:Planning Services GP:Grading Permitg BP:Building Permit BS:Building Services TO:Temporary Occupancy FD:Fire Department Tentative Tract Map 2002-0024 FO:Final Occupancy PD:Police Department PI:Public Improvements CE:City Engineer WW:Wastewater CA:City Attorney AMWC:Atascadero Mutual Water Company the oak tree shown on Parcel 1. 8. Future construction on the lots shall be consistent with the BP PS Master Plan of Development (CUP 2002-0078) approved for the site. 9. 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. 10. The applicant shall access provide easements for all FM CE parcels to share access on the existing driveway. Engineering Standard Conditions: 12. All public improvements shall be constructed in conformance with the City of Atascadero Engineering Department S-Otandard 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 City of Atascadero Resolution No. 2003-031 Page 7 of 8 Conditions of Approval Timing Responsibility __Riiii /Monitoring Mora 6205 San Gabriel Road PM.PaMap PS:Planning Services GP:Grading Permit 9 BP:Building Peril BS:Building Services TO:Temporary Occupancy FD:Fire Department Tentative Tract Map 2002-0024 F0:Final Occupancy PD:Poke Department PI:Public Improvements CE:City Engineer WW:Wastewater CA:City Atlomey AMWC:Atascadero Mutual Water Company 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 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 shalt complete all improvements required by these conditions of approval. .............-l--- .......... 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 Is Water Company). The applicant shall obtain a letter from each utility company indicating their review of the map. The City of Atascadero Resolution No.2003-031 Page 8 of 8 Conditions of Approval Timing Responsibility MitSatl�rn /Monitoring 6205 San Gabriel Road PM:Parcel Map PS:Planning Services GP:Grading Permit g BP:Building Permit BS:Building Services TO:Temporary Occupancy FD:Fire Department Tentative Tract Map 2002-0024 FO:Final Occupancy PD:Police Department PI:Public Improvements CE:City Engineer WW:Wastewater CA:City Attorney AMWC:Atascadero Mutual Water Company 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. 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.