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Home My WebLink AboutResolution 2003-056 RESOLUTION 2003-056 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO ESTABLISHING PROCEDURES FOR CONSIDERATION OF A DEVELOPMENT AGREEMENT PROVIDING FOR THE ACQUISITION OF PINE MOUNTAIN IN EXCHANGE FOR TRANSFER OF EIGHT DEVELOPMENT CREDITS TO TWO SEPARATE TRANSFER SITES WHEREAS, Government Code Section 65864 provides that the lack of certainty in the approval of development projects can result in a waste of resources,escalate the cost of housing and other development to the consumer, and discourage investment in and commitment to comprehensive planning which would make maximum efficient utilization of resources at the least economic cost to the public; and WHEREAS, said Government Code section also provides that assurances to the applicant for a development project that upon approval of the project, the applicant may proceed with the project in accordance with existing policies, rules and regulations, and subject to conditions of approval, will strengthen the public planning process, encourage private participation in comprehensive planning, and reduce the economic costs of development; and WHEREAS, Government Code Section 65865 provides that a City may enter into a development agreement with any person having a legal or equitable interest in real property for the development of that property as provided in Government Code Sections 65864 et seq.; and WHEREAS, Government Code Section 65865(c) provides that every City shall, upon request of an applicant by resolution or ordinance establish procedures and requirements for the consideration of development agreements on application; and WHEREAS,-the Atascadero Municipal Code is silent on the process for consideration of such applications; and WHEREAS, George Molina has generously applied for a development agreement in consideration of his offer to transfer ownership of certain acreage on Pine Mountain in exchange for a transfer of the existing development rights said property to known receiver sites in the City of Atascadero; NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of Atascadero that any inconsistent prior resolution is hereby repealed. City of Atascadero Resolution No.2003-056 Page 2 of 10 BE IT FURTHER RESOLVED by the City Council of the City of Atascadero that the procedures for review of the application for this development agreement shall be as follows: 1. The applicant shall concurrently apply for, and process applications for the following four projects: (a) Site One: Northeast corner of Coromar and Portola Road(APN 056-111-025,027) Application requirements: General Plan Amendment,Rezone,Planned Development Overlay and Tentative Tract Map (refer to Attachment 1) Maximum project entitlement: 16 single family units/lots. (b) Site Two: 3680/3700 Colima Road(APN 049-163-013, 015) Application requirements: General Plan Amendment,Rezone, and Tentative Tract Map (refer to Attachment 2) Maximum project entitlement: Five(5)lots,three(3)of which are transferred units from the Pine Mountain property plus two (2) lots that currently exist. (c) Site Three: Ferrocarril De Anza Estates (APN 049-011-004) Application requirements: General Plan Amendment,Rezone,Planned Development Overlay and Tentative Tract Map (refer to Attachment 3) Maximum project entitlement: 20 units, five (5) additional units, all of which are transferred units from the Pine Mountain property plus 15 lots that currently exist. (d) Site Four: Pine Mountain sender site (APN 028-231-003) Application requirements: General Plan Amendment, Rezone (refer to Attachment 4) Maximum project entitlement: 0 units, eight (8) units will be transferred from the Pine Mountain property leaving no development credits on the property. 2. The applications will be processed concurrently through Planning Commission and City Council. Although applicant, staff and City all are hopeful that the applications will be processed in due course,the City Council will review the development agreement application no less than every twelve months to ensure that the applicant and the City are both complying in good faith with the agreements and procedures set forth herein. Likewise, any development agreement finally adopted pursuant to these procedures shall provide that the agreement will be reviewed no less than every twelve months in order to assure that the applicant has in good faith complied with the terms of the development agreement. 3. Any development agreement entered into and adopted by the City shall comply with the terms and conditions of Government Code sections 65865.2 et seq.as well as CEQA and all - - other applicable law.Any development agreement entered into and adopted by the City shall also provide that the Pine Mountain property is to be provided to the City free and clear immediately upon approval of the three projects, all processing fees must be paid and that any tax advantage to the applicant is strictly at the risk of the applicant. 4. Concurrent with or prior to review of the three projects mentioned in recital number 1, the Planning Commission shall consider and make recommendations upon a draft Development Agreement providing for the transfer of development rights described above and providing City of Atascadero Resolution No.2003-056 Page 3 of 10 that the applicant may then proceed with the projects in accordance with the existing policies, rules and regulations as provided in Government Code section 65864(b). 5. After review by the Planning Commission, the City Council may review the proposed Development Agreement at its next regularly scheduled meeting. On motion by Council Member O'Malley and seconded by Council Member Luna, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: Council Members Luna, O'Malley, Scalise and Mayor Clay NOES: Council Member Pacas ABSENT: None ABSTAIN: None ADOPTED: October 28, 2003 CITY OF ATAS ADERO $erry1L. y, Sr., Mayor ATTEST: Marcia McClure Torgerson, C.M.C., ity Clerk APPROVED AS TO FORM: ,4 a_ 9A, Roy IT anley, City Afney City of Atascadero Resolution No.2003-056 Page 4 of 10 Attachment 1: Site One General Plan and Zoning Amendment RI �M. x �EEbE 4 EY �i i4 \\ 4 � Yk �kk I I E+E( �} 5 E E d vs � a � , n p o- Site One Existing General Plan: GC(General Commercial) Proposed General Plan: SFR-X(Single Family Residential 1/z acre) Existing Zoning: CR(Commercial Retail) Proposed Zoning: RSF-X/PD-17(Residential Single Family 1/z acre with Planned Development 17 overlay district). Maximum Density Credit: 16 single family units Transfer Unit Credits: 0 units City of Atascadero Resolution No.2003-056 Page 5 of 10 Attachment 1 a: Site One Site Development Concept/Tentative Map e f IIP `\ 7�, \`t�_\• RI( 66$1 e B .••' '� w �� i' -ar r r r � Ij\ j RC1 aI � L • I \ <� w 11 N d To �E i� _—`--'�'''�". `s.�-''' ! `j •_\ ill elppR e� i ii illl If It if LI ---apt- a}rrra•r•••••••••• ■ ��rr��MM�r��rrr ttst ! itRtt ttRtiFtFRttR li�►A�rf.+ram..c++e>hr..Ft n � 111Ili' City of Atascadero Resolution No.2003-056 Page 6 of 10 Attachment 2: Site Two General Plan and Zoning Amendment " kill fill € E * 1 1€f ' [4 M 1} E tl }+ a y1" } 5� i€ilE fE Ei i .I�k es yir�, wIE k a Site Two Existing General Plan: SE(Suburban Estates 2.5-10 acre) Proposed General Plan: SFR-Y(Single Family Residential 1 acre) Existing Zoning: RS(Residential Suburban 2.5-10 acre) Proposed Zoning: RSF-Y(Residential Single Family 1 acre) Maximum Density: 5 single family units Transfer Unit Credits: 3 single family units City of Atascadero Resolution No.2003-056 Page 7 of 10 Attachment 2a: Site Two Site Development Concept/Tentative Map 1' ' moi'� / •-+ ^--- 1..,,.1_ \ I1 I l I I 1 INN Vww i •^ • i" � � stt City of Atascadero Resolution No.2003-056 Page 8 of 10 Attachment 3: Site Three General Plan and Zoning Amendment EEE !ka i �U ✓S `EPE°€I�E 8,€I `., C� �x €I 3 � k 3 1 3 a sa'$ IEE ,• 4 `^� *fid'. „ " ,~•y, 4 � 5} Site Three Existing General Plan: SE(Suburban Estates 2.5-10 acre) Proposed General Plan: SFR-Y(Single Family Residential 1 acre) Existing Zoning: RS(Residential Suburban 2.5-10 acre) Proposed Zoning: RSF-Y/PD-16(Residential Single Family 1 acre with a Planned Development 16 overlay zone) Maximum Density: 20 single family units Transfer Unit Credits: 5 single family units Attachment 3a: Site Three Site Development Concept Tentative Map • �_i�,r lF1 ' 0 ij I If ��_ Jr Lip ��r��i; �i�� r, 'y}• i ,,1111 �� , F �� •�� r f��e� 4 ?'r� ` ,� EtEtE�tEt�rEEEEEEt� r, '�' CCC'�CC� CC�C�ECCC � IL //��,�,,,,�,,,;,,��% � M!"_ ' ►, '; : �EEE�EEtEEtEEEE�EE�E 1� 11 • Five(5)additional single- lots would 1 " . �. w, ►.� W n permitted map boundaries. .. sr�� rY I S ` �1110 City of Atascadero Resolution No.2003-056 Page 10 of 10 Attachment 4: Site Four Site Development Concept/Tentative Map V ' c h Up,€€ 7 € F FSlte4eneral Plan: RR(Rural Residential) General Plan: OS(Open Space) Existing Zoning: RR(Rural Residential) roposed Zoning: OS(Open Space) aximum Density: 0 single family units Transfer Unit Credits: minus 8 single family units