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HomeMy WebLinkAboutResolution 2003-053 RESOLUTION NO. 2003-053 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO APPROVING CONDITIONAL USE PERMIT 2003-0110, A MASTER PLAN OF DEVELOPMENT FOR THE PD-14 OVERLAY ZONING DISTRICT ON APN 049-022-009 (2655 Chico Road/APN 049-022-009/Midland Pacific Building Corporation) WHEREAS, an application has been received from Midland Pacific Building Corporation, 6955 El Camino Real, Atascadero, California 93422, (Applicant), and LeRoy Davis, 6800 Graves Creek Road, Atascadero, California 93422, (Property Owner) to consider a project consisting of a zone change from RSF-Y (Residential Single Family, one acre minimum) to RSF-Y/PD-14 (Residential Single Family with Planned Development Overlay#14) with the adoption of a Master Plan of Development, and a three-lot residential tract map, on a 2.68 acre lot located at 2955 Chico Road(APN 049-022-009); and, WHEREAS, the site's General Plan Designation is SFR-Y (Single Family Residential, one acre minimum); and, WHEREAS, the site's current zoning district is RSF-Y (Residential Single Family, one acre minimum); and, WHEREAS, the Planning Commission has recommended that a site be rezoned to include a PD-14 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 September 2, 2003, studied and considered the Master Plan of Development for Zone Change 2003-0061; and, WHEREAS, the Atascadero City Council, at a Public Hearing held on October 14, 2003, studied and considered the Master Plan of Development for Zone Change 2003-0061; and, NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Atascadero: City of Atascadero Resolution No.2003-053 Page 2 of 8 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, 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) including the PD-14 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 City Council of the City of Atascadero, in a regular session assembled on October 14, 2003, resolved to approve Conditional use Permit 2003-0110, A Master Plan of Development for Zone Change 2003-0061 subject to the following: 1. EXHIBIT A: CONDITIONS OF APPROVAL 2. EXHIBIT B: MASTER PLAN OF DEVELOPMENT &CONCEPTUAL LANDSCAPING PLAN 3. EXHIBIT C: ELEVATIONS City of Atascadero Resolution No.2003-053 Page 3 of 8 On motion by Council Member Luna, and seconded by Council Member Pacas the foregoing Resolution is hereby adopted in its entirety by the following roll call vote: AYES: Council Members Luna, O'Malley, Pacas, Scalise and Mayor Clay NOES: None ABSENT: None ABSTAIN: None ADOPTED: October 14, 2003 CITY OF ATASCAD RO J rry L. C , Sr., Mayor ATTEST: j (hWa4l P4 7—x ; Marcia McClure Torgerson, C.M.C., C' y Clerk APPROVED AS TO FOR Roy A. a ley, City Attorney City of Atascadero Resolution No.2003-053 Page 4 of 8 EXHIBIT A.Conditions of Approval CUP 2003-0110: PD-14 Master Plan of Development Conditions of Approval Timing Responsibility Mitigation CUP 2003-0110 /Monitoring Measure PD-14 Overlay 2955 Chico Road PS:Planning Services BL:Business License BS:Building Services GP:Grading Pernll FD:Fire Department BP:Building Permit PD:Police Depadnrerd Fl:Final Inspection CE:Cily Engineer TO:Ternporary Occupancy WW:Wastewater F0:Final Occupancy CA City Attomey 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 2003-0061 and providing an appeal of the project is not filed within 14 days of the City Councils approval of this CUP 2003-0110. 2. Approval of this Master Plan of Development shall be valid BP PS concurrently with the life of Tentative Parcel Map 2003-0047 (AT20-391) and then indefinitely following final map. The Master Plan of Development approval shall expire and become null and void unless a final map is recorded consistent with the Master Plan of Development within 2 years. 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. All exterior elevations, finish materials, and colors shall be BP PS consistent with the Master Plan of Development as shown in Exhibit C attached hereto. 6. All site work shall be consistent with the Master Plan of BP/FM PS Development as shown in EXHIBIT B, however, an additional landscaping plan shall be submitted for review in accordance with condition No.7 below. 7. A final landscape and irrigation plan,including the front BP PS yards of the residential lots,shall be approved prior to the issuance of building permits and included as part of the site improvement plan.All exterior meters,air conditioning units City of Atascadero Resolution No.2003-053 Page 5 of 8 Conditions of Approval Timing Responsibility Mitigation CUP 2003-0770 /Monitoring Measure PD-14 Overlay 2955 Chico Road PS:Planning Sonk s BL:Business License BS:Building services GP:Grading Pend FD:Fire Departrnent BP:Building Permit PD:Police Depertrnem Fl:Final Inspection CE:City Engineer TO:Temporary Occupancy WW:Wastewater F0:Final Occupancy CA Ciy Attorney and mechanical equipment shall be screened with landscape material. 8. A five-gallon native oak tree shall be planted on Lots 1 and 2 FO PS prior to issuance of occupancy. Planning Commission Conditions 9. All construction activities onsite shall be in conformance with BP PS the mitigation measures contained in the Final EIR prepared by FIRMA and dated September 1998 as follows: Exhaust Emissions: Best Available Control Technology for emissions from construction equipment(CBACT)shall be applied to mobile equipment used extensively during the site preparation phase. (Examples might include scrapers, bulldozers, backhoes, and/or front end loaders. Fuciitive Dust Emissions: The following dust control measures shall be implemented: • Reduce the amount of the disturbed area where possible. • Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non-potable)water should be used whenever possible. • All dirt stockpile areas should be sprayed daily as needed. • Permanent dust control measures identified in the approved project revegetation and landscape plans shall be implemented as soon as possible following completion of any soil disturbing activities. • Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading shall be sown with a fast-germinating native grass seed and watered until vegetation is established. • All disturbed soil areas not subject to revegetation shall be stabilized using approved chemical soil binder,jute netting,or other methods approved in advance by the APCD. City of Atascadero Resolution No.2003-053 Page 6 of 8 Conditions of Approval Timing Responsibility Mitigation CUP 2003-0110 /Monitoring Measure PD-14 Overlay 2955 Chico Road PS:Planning Services BL:Business License BS:Building Services GP:Grading Permit FD:Fire Deparlrnend BP:Building Permit PD:Poke Deparhmnt FI:Final Inspection CE:City Engineer T0:Temporary Occupancy W.wastewater F0:Final Occupancy CA City Attorney • All roadways,driveways,sidewalks,etc,to be paved shall be completed as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. • Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. • All trucks hauling dirt,sand,soil,or other loose materials are to be covered or shall maintain at least two feet of freeboard(minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114. • Install wheel washers where vehicles enter and exit unpaved roads onto streets,or wash off trucks and equipment leaving the site. • Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. 10. An individualized reflectorized address sign shall be placed BP PS on the right hand side of each residence. 11. Exterior fencing shall be consistent with fencing materials BP PS used within the Lakes subdivision. 12. Open spaces and front yards shall be landscaped with FO PS drought tolerant materials and shall include the planting of native trees,as defined in the City's Native Tree Ordinance. 13. This Conditional Use Permit 2003-0110 is also subject to the Ongoing PS conditions of approval for Tentative Parcel Map 2003-0047 (AT 02-0391). 14. In-lieu fees for affordable housing shall be paid on each unit BP PS/BS and shall be calculated on 2.50% of the construction valuation of each unit. Fees shall be paid at time of building permit. -End of conditions- City of Atascadero Resolution No.2003-053 Page 7 of 8 EXHIBIT B:Site Plan CUP 2003-0110: PD-14 Master Plan of Development and Conceptual Landscaping Plan / LI M Peanc r IF t NN\ It if Ab \\\U City of Atascadero Resolution No.2003-053 Page 8 of 8 EXHIBIT C Elevations CUP 2003-0110: PDA4 Master Plan of Development � LL 3w �'Yt �p�rl O ,