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
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City of Atascadero
Resolution No.2003-053
Page 8 of 8
EXHIBIT C Elevations
CUP 2003-0110: PDA4 Master Plan of Development
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