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HomeMy WebLinkAboutResolution 2003-054 RESOLUTION NO. 2003-054 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA APPROVING TENTATIVE PARCEL MAP 2003-0047 (AT 02-0391) THEREBY ALLOWING A THREE-LOT SUBDIVISION OF APN 049-022-009, CONSISTENT WITH THE PD-14 MASTER PLAN OF DEVELOPMENT (CUP 2003-0110) (2955 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, TPM 2003-0047 (AT 02-0391) 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 with a Master Plan of Development allowing a three 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 Parcel 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 duly noticed Public Hearing held on September 2, 2003, studied and considered Tentative Parcel Map 2003- 0047 (AT 02-0391); and, WHEREAS, the City Council of the City of Atascadero, at a Public Haring held on October 14, 2003, studied and considered Tentative Tract Map 2003-0047; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Atascadero: City Council Resolution 2003-054 October 14,2003 Page 2 of 11 Section 1. Findings of Approval for Tentative Tract May, the Atascadero City Council finds as follows: 1. The proposed subdivision, as conditioned, is consistent with the General Plan and applicable zoning requirements. 2. The design and improvement of the proposed subdivision is consistent with the General Plan and applicable zoning requirements. 3. The proposed subdivision, as conditioned, is consistent with the Planned Development Overlay District#14 Master Plan of Development (CUP 2003-0110). 4. The site is physically suitable for the type of development proposed. 5. The site is physically suitable for the density of development proposed.. 6. 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. 7. 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. 8. 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 Atascadero City Council, in a regular session assembled on October 14, 2003 resolves to approve Tentative Parcel Map (TPM 2003-0047) subject to the following: 1. Exhibit A: Tentative Parcel Map 2003-0047 2. Exhibit B: Conditions of Approval City Council Resolution 2003-054 October 14,2003 Page 3 of 11 On motion by Council Member Luna, and seconded by Council Member Pacas the foregoing Resolution is hereby adopted 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 By: J rry L C ay, Sr., Mayor ATTEST: Marcia McClure Torgerson, C.M.C., C' Clerk APPROVED AS TO FORM: li4 C, �/J.// R anley, Crt Attorn City Council Resolution 2003-054 October 14,2003 Page 4 of 11 Exhibit A:Tentative Parcel Map TPM 2003-0047(AT 02-0391) NAM ammm rd Hill � \>K \�\\\`\\�\\���`��\ 'i,� gg � I I��B 111'1) 111111/ // / /�► /\ 6*1 ji % — 1 a fit, 111\ °(a, •�• a •s®o e e� `�\���� lop 11° qq 4 City Council Resolution 2003-054 October 14,2003 Page 5 of 11 (EXHIBIT B: Conditions of Approval TPM 2003-0047 Conditions of Approval Timing Responsibility 2955 Chico Road /Monitoring PM:Parcel Map Tentative Parcel Map 2003.0047 GP:Grading Pemwt Ps:Planning Services 4,,,. BP.Building Permit BS:Building Services - TO:TerrporaryOccupancy FD:Fre Department F0 Final Occupancy PD:Poke DepaNnent ° + 3 , PI:Pubic Improvemenis CE:City Engineer WW:Wastewater CA City Attorney Z11 AMWC:Atascadero . Mutual Water Cor pany I"1. 3. Planning Services 1. The approval of this tentative parcel map shall become final PM PS and effective following the end of the referendum period for Zone Change 2003-0061, subject to completion of the conditions of approval and providing an appeal of the project is not filed within 14 days of the City Council's approval of this tentative parcel map. 2. Approval of this Tentative Parcel 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 y: extension of time is granted pursuant to a written request 3 received prior to the expiration date. 3. The Community Development Department shall have the PM PS authority to approve minor changes to the project that (1) '°` result in a superior site design or appearance, and/or (2) , address a construction design issue that is not substantive a 4 to the Tentative Parcel Map. 4. The Parcel Map shall be subject to additional fees for park FM PS or recreation purposes (QUIMBY Act) as required by City Ordinance. ' 5. The applicant shall record CC&R's for the subdivision FM subject to the review and approval of the City Engineer,City " Attorney and Planning Department. The CC&R's shall identify the maintenance responsibilities of all private driveways, sewer facilities, drainage facilities, common parking areas, site lighting, landscape areas, fencing, and other common facilities. 6. The granting of this entitlement shall apply to the property On going PS r located at 2955 Chico Road(APN 049-022-009) regardless of owner. 7. The subdivider shall defend, indemnify, and hold harmless Ongoing CA the City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the city,or any of its entities,concerning the subdivision City Council Resolution 2003-054 October 14,2003 Page 6 of 11 Conditions of Approval Timing Responsibility I, 2955 Chico Road /Monitoring Tentative Parcel Map 2003-0047 PM:Parcel Map PS:Planning services GP:Grading Permit *, BF.Building Pem i BS:Building services w TO:Tenporary Occupancy FD:Fire DeperUnent F0:Final Occupancy PD:Police Department PI:Public Improvements CE:City Engineer WW:Wastewater CA City Attorney AMWC:Atascadero Mutual Water Company uE , 8. A parcel 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 w" and the City's Subdivision Ordinance. ' 9. The final map shall be in conformance with the conditions of PM PS Planned Development Overlay Zone No. 14 and the VII conditions of approval for the Master Plan of Development ,. CUP 2003-0110. 10. 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. I' Engineering Conditions: " E PROJECT SPECIFIC CONDITIONS INS, 11. The developer shall reserve ingress and egress easements FM CE ;fl across Parcel 3 for the benefit of Parcels 1 and 2. E" 12. Water supply mains and fire hydrants shall be designed, GP CE installed and tested and approved by the Water Company , and the Fire Department. 13. Zone Change 2003-0061 and Conditional Use Permit 2003- FM PS 0110 shall be approved and effective prior to recordation of the final map. �� 14. This tentative parcel map approval shall expire in two (2) Ongoing CE years from the date of final approval unless an extension of time is granted pursuant to a written request received prior to the expiration date of the map. " 15. In accordance with the Conditions of Approval for Tract FO CE 2271, the Lakes Subdivision,the at-grade railroad crossing ' on Chico Road shall be improved to conform to the improvement of Chico Road to City Standard Drawing No. 403 (Rural Collector) or as directed by the City Engineer. The railroad crossing improvements shall be reviewed and approved by the Public Utilities Commission (PUC) and Union Pacific Railroad (UPRR). The applicant shall submit evidence that the PUC and UPRR have reviewed and approved the improvements to the existing at-grade railroad crossing. City Council Resolution 2003-054 October 14,2003 Page 7 of 11 Conditions of Approval Timing Responsibility 2955 Chico Road /Monitoring c Tentative Parcel Map 2003-0047 PM,Parcel map g PS: services rr l ' GP:Grading Pe BP:Building Pard Building Services TO:Temporary Occupancy FD:Fire Departrnent FO:Final Occupancy PD:Poke DepaMient PI:Public Improvements CE:City Engineer WW:Wastewater CA City Attorney `"^ AMWC:Atascadero Mutual Water Company a 16. The applicant shall acquire title or interest in any offsite land GP CE that may be required to allow access to the subdivision and construction of the offsite improvements required by these conditions of approval. The applicant shall bear all costs associated with the acquisitions. The applicant shall gain , concurrence from all adjacent property owners whose ingress or egress is affected by construction of the improvements required by these conditions of approval 17. The applicant shall limit storm water discharge from the GP , developed site to the design capacity of the downstream , drainage improvements. The applicant shall demonstrate w that the design capacity of the downstream drainage improvements, or natural watercourses, can adequately ;, ,, t convey the total flow of storm water from the fully developed watershed plus the developed project site without adversely E� EF$fl affecting other properties. Public Improvements: W 18. All public improvements, drainage improvements, onsite GP CE . road improvements and sewer improvements shall be constructed in conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. s.. 19. In accordance with the conditions of approval for the Lakes FO CE Subdivision, Chico Road shall be fully improved from the sig` subdivision's northerly access to Traffic Way in �; 'r " conformance with City Standard Drawing No. 403 (Rural Collector),or as directed by the City Engineer. � r 20. In accordance with the conditions of approval for the Lakes FO CE E Subdivision, a streetlight shall be installed at theNV intersection of the project's access with Chico Road. 21. The applicant shall submit road improvement plans GP CE prepared by a registered civil engineer for review and approval by the City Engineer prior to recordation of the final map. Road improvement plans shall conform to the requirements of the city Standard Specifications, Section 2 —Preparation of Plans. R-value testing shall be done, and the pavement section designed by a registered civil .h engineer to the satisfaction of the City Engineer. In i accordance with the conditions of approval for the Lakes Subdivision, offsite improvements shall be required '" t.:" reflecting approval of a single point of access at the northerly end of the subdivision. b 4�. 22. All public improvements or improvements in the public right- GP CE of-way shall be secured with a 100% performance " City Council Resolution 2003-054 October 14,2003 Page 8 of 11 Conditions of Approval Timing Responsibility ' ' 2955 Chico Road (Monitoring s ,N Tentative Parcel Map 2003-0047 PM:Parcel Map PS:Planning Services GP:Grading Perrtwt BP:Building Permit BS:Building Services FD:Fire Depafterd T0:Temporary Occupancy PD:Police DeparbneM ' F0:Final Occupancy ancy r PI:Public Irrprovemenls CE:City Engineer WW:Wastewater CA CityAgoroey m„ "'''" AMWC:Alascadero Mutual Water Company guarantee and a 50% labor and materials guarantee until the improvements are accepted as substantially complete by the City Engineer. Prior to the final inspection of the improvements, and before the other guarantees mentioned ," in this condition are released, a 10% maintenance guarantee shall be posted to cover the improvements for a period of 1 year from the date of the final inspection. The guarantee amounts shall be based on an engineer's estimate submitted by the project engineer and approved by the City Engineer. The estimate shall be based on City standard unit prices. The guarantees posted for this project °< shall be approved by the City Attorney. STANDARD CONDITIONS n 23. All public improvements shall be constructed in FM CE conformance with the City of Atascadero Engineering '" , Department Standard Specifications and Drawings or as . directed by the City Engineer. 24. In the event that the applicant is allowed to bond for the F public improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement , Agreement with the City Council. 25. 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. 26. The Subdivision Improvement Agreement shall .record concurrently with the Final Map. e, 27. The applicant shall enter into a Plan Check/inspection agreement with the City. 28. The applicant shall be responsible for the relocation and/or alteration of existing utilities. 29. 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. 30. The applicant shall monument all property corners for construction control and shall promptly replace them if disturbed. 31. Slope easements shall be provided as needed to { accommodate cut of fill slopes. 32. Drainage easements shall be provided as needed to k City Council Resolution 2003-054 October 14,2003 Page 9 of 11 Conditions of Approval Timing Responsibility �tl 2855 Chico Road /Monitoring " `,. Tentative Parcel Map 2003.0047 PM:Parcel Map PS:Planning services GP:Grading Pemeil BP:Building Permit BS:Building services , TO:Temporary Occupancy PD:Fre Depariniont P0:Final Occupancy PD:Police Department PI:Public Improvements CE:Cly Engineer „ WW:Wastewater CA Cily Attorney AMWC:Atascadero Mutual Water Company ;e ar accommodate both public and private drainage facilities. 33. The final map shall be signed by the City Engineer prior to the map being placed on the agenda for City Council acceptance. ~ 34. Prior to recording the parcel 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. ' E Ir s F.... i . 35. 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 E. 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. 36. Prior to recording the parcel map,the applicant shall pay all outstanding plan check/inspection fees. J 37. Prior to recording the parcel map, the applicant shall complete all improvements required by these conditions of approval. 11,11� 38. 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 Water Company). The applicant shall obtain a letter from each utility company indicating their review of the map. z The 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 ong- the map. : 39. 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. 40. 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. , 41. Prior to the final inspection, the applicant shall submit a x ,; written certification from a registered civil engineer or land surveyor that all survey monuments have been set as shown on the final map. City Council Resolution 2003-054 October 14,2003 Page 10 of 11 Conditions of Approval Timing Responsibility k; 2955 Chico Road /Monitoring ;,,N :Parcel Map Tentative Parcel Map 2003-0047 GP:Grading Pernik PS:Planning Services BP:Building Pemit BS:Building Services A TO:Temporary Occupancy FD:Fre Department F0:Final Occupancy PD:Police Departrnent PI:Public Ir provements CE:City Engineer "e WW:Wastewaters CA Cily Attorney AMWC:Atascadero Mutual Water Cor pang 42. An encroachment permit shall be obtained prior to any work , within City rights of way. N, 43. 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. t 44. All existing and proposed utility, pipeline, open space, or `"TM other easements are to be shown on the final map. If there are building or other restrictions related to the easements, they shall be noted on the final parcel map. 45. The applicant shall submit a preliminary subdivision , guarantee for review in conjunction with the processing of the final parcel map. , E 46. A Mylar copy and a blue line print of as-built improvement plans, signed by the registered engineer who prepared the plans shall be provided to the City Engineer prior to the final inspection. , 47. The applicant shall pay all sewer annexation fees prior to recordation of the final parcel map. 48. The applicant shall submit a composite utility plan signed by a representative of each public utility and the Atascadero ` Mutual Water Company. The composite utility plan shall ' also be signed by the City Chief of Wastewater Operations. 3s Atascadero Mutual Water Company(AMWC): 49. Prior to approval of the water system plans by the AMWC, IP AMWC the applicant shall pay all installation and connection fees required by AMWC. r 50. Prior to recording the parcel map the applicant shall obtain IP AMWC a 'Will Serve" letter from Atascadero Mutual Water Company. 51. All water distribution facilities shall be constructed in IP AMWC conformance with AMWC standards,policies and approved procedures. N, 52. Manifold water meters per approved AMWC standards. IP AMWC Each individual home requires separate service line from separate meters. AMWC shall set all meters. City Council Resolution 2003-054 October 14,2003 Page 11 of 11 Conditions of Approval Timing Responsibility . 2955 Chico Road /Monitoring Tentative Parcel Map 2003.0047 PM: GraMap GP:Graddining Perml PS:Planning Services BP:Building Pemit BS:Building Services T0:Temporary Occupancy FD:Fire Department FO:Final Occupancy PD:Poke Department PI:Public Improvements CE:Cily Engineer WW:Wastewater CA City Agomey AMWC:Atascadero +, Mutual Water Comparry i 53. Water service lines shall be located in appropriate FM/IP AMWC easements. 54. All fire hydrant spacing shall meet Atascadero Fire IP AMWC Department Standards. Building Department Conditions 55. A soils investigation prepared by a licensed Geotechnical BP BS Engineer is to be provided for the project. The report is to be provided at the time of building permit submittal along '`''- with the building plans for review by the Building Division. Recommendations contained in the report are to be incorporated into the project plans. Fire Marshal Conditions _: 56. A fire hydrant must be provided within 400 feet of the BP FD r project street frontage. , a 4"f 04 57. Provide appropriate address signage at each residence. BP FD ''