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HomeMy WebLinkAboutResolution 2004-012 RESOLUTION NO. 2004-012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO APPROVING TENTATIVE PARCEL MAP 2002-0028 (AT 01-091) TO DIVIDE ONE RESIDENTIAL LOT INTO TWO RESIDENTIAL LOTS ON THE SOUTH SIDE OF VISTA BONITA (APN 030-441-015) (FREDERICK) WHEREAS, Michael Frederick, P.O. Box 573, Atascadero, California 93423 (Applicant/Owner) applied for a Tentative Parcel Map to subdivide one lot totaling 4.33 acres into two parcels of 1.87 and 2.46 acres, gross; and, WHEREAS, the proposed project has a General Plan Designation of SFR-Z (Single Family Residential, 1.5 to 2.5 acre minimum) and, as conditioned, is in conformance with the Land Use Element of the General Plan and all other applicable General Plan policies; and, WHEREAS, the site is located in the RSF-Z (Residential Single Family, 1.5 to 2.5 acre minimum) zoning district, which allows for the proposed use and density when certain findings are made; and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2003-0066 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act(CEQA); and, WHEREAS,the Planning Commission held a duly noticed public hearing to consider the proposed Mitigated Negative Declaration and Tentative Parcel Map application on December 16, 2003 at 7:00 p.m. and considered testimony and reports from staff, the applicants, and the public; and, WHEREAS, the Planning Commission recommended the City Council certify Mitigated Negative Declaration 2003-0066; and, WHEREAS, the Planning Commission recommended the City Council approve TPM 2002-0028 with the following changes: 1. Revise Planning Condition 8 to allow for the use of septic systems on the resulting lots, and 2. All residential development on Proposed Parcel 1. NOW, THEREFORE,the City Council takes the following actions: SECTION 1. Certification of Negative Declaration. The City Council of the City of Atascadero, hereby certifies Mitigated Negative Declaration 2003-0066 based on the following findings: City of Atascadero Resolution No.2004-012 Page 2 of 15 1. The Proposed Mitigated Negative Declaration has been completed in compliance with CEQA; and, 2. The Proposed Mitigated Negative Declaration was presented to the Planning Commission, and the information contained therein was considered by the Planning Commission, prior to recommending action on the project for which it was prepared; and, 3. The Proposed Mitigated Negative Declaration was presented to the City Council and the information contained therein was considered by the Council, prior to taking action on the project for which it was prepared; and, 4. The project does not have the potential to degrade the environment when mitigation measures are incorporated into the project. 5. The project will not achieve short-term to the disadvantage of long-term environmental goals. 6. The project does not have impacts that are individually limited, but cumulatively considerable. 7. The project will not cause substantial adverse effects on human beings either directly or indirectly. SECTION 2. Findings for approval of subdivision. The 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 site is physically suitable for the type of development proposed. 4. The site is physically suitable for the density of development proposed. 5. 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. 6. The subdivision is consistent with the character of the immediate neighborhood. City of Atascadero Resolution No.2004-012 Page 3 of 15 7. The design of the subdivision will not conflict w ith easements acquired by t he 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 cause serious public health problems. SECTION 3. Approval. The City Council does hereby approve Tentative Parcel Map 2002-0028 (AT 01-091) to subdivide one parcel totaling 4.33 acres into two parcels of 1.87 and 2.46 acres each, subject to the following Conditions and Exhibits: EXHIBIT A: Mitigated Negative Declaration EXHIBIT B: Conditions of Approval EXHIBIT C: Tentative Parcel Map 2002-0028 City of Atascadero Resolution No.2004-012 Page 4 of 15 On motion by Council Member O'Malley and seconded by Council Member Clay, the foregoing Resolution is hereby adopted in its entirety by the following roll call vote: AYES: Council Members Clay, O'Malley, and Scalise NOES: Council Member Pacas, and Mayor Luna ABSENT: None ABSTAINED: None ADOPTED: February 24, 2004 4Ge TASCADERO, CA Luna, Mayor ATTEST: Marcia McClure Torgerson, City Clerk APPROVED AS TO FORM: Roy Hanley, 61iyltto y City of Ataseadero Resolution No.2004-012 Page 5 of 15 EXHIBIT A: Mitigated Negative Declaration Resolution A TPM 2002-0028 CITY OFATASCADERO PROPOSED MMGATED a r � NEGATIVE DECLARA77ON #2003-0066 6.500 Palma Avenue Atascadero,CA 93422 8031461-5035 Micloal Fudmick P.OBox ,Atescadem,' Project T%Ws Tentatin Pwd Map tumeut 2002-0009 ista Bonita Avenue,Atascadain, L00 Luis Obispo County)APN 030441-015 su nnw n of a 4M acre,grass,Sit aero two , g s,each, Proposed c l 1 is cmently dwoloped with oDdar facilitkas,wlikh wrllbe ronfined to that kat andpropuedparce12 couldbe developed with a ` -fazuily resiadesxsz. The property Will utilise the Cite WaStOWSIff fWilitiN and Arc 1' utaai Water 00zccp W will pzavk3a water services. A prat of Vista Bonita,Avenue,fzom El Avenue,westerly to the Qg de sac tenuinus of Vista Bonita Avenue is algia Impose& G,ennalPlanDesignatiou: SM415to23wreadnimum,butdoupedbnmmotwAuds District: RSI-2,11.5 to 23 acre mitkwint,based on parfiwtanct standards 1�indlag� 1. The project dans Trot have the pct to dogmde the envie 2. The project will not achieve short-termto the disadvardage oflong-tarm environ meatal goals, 3. The project does not have jqa&0AXWJW as individually limited,but cumulatively considerable. 4. The project will not cause mAntantial adverse effects on humen beings either directly or indirectly. ilta"I �t Based on the above findings,and the information contained in the initial study 2003-0056(made a pmt hraraofby reference and on file in the Community Development Dap w.it has been determinedthat,the above project will not have an advoise,impact on the nnvixonmant when the following proposed mitigation measures are incorporated into the project(see atter ), Pmpamd 112: Kerry a M Axscwfata Planner Posted: December 3,2003 Pubko w Ended December 23,2003 mea - vicinity - Tentative Parcel Map - RoadAbandorimerA Exhibit As"Photo - lydtial Study2003-0066 City of Atascadero Resolution No.2004-012 Page 6 of 15 EXHIBIT B: Conditions of Approval Resolution A TPM 2002-0028 Conditions of Approval/Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure TPM 2002-0028(AT 01-091) PM: Parcel Map GP:Grading Pant PS:Planning Services 9230 Vista Bonita Avenue BP:Building Prmt BS:Building Services TO:Temporary FD:Fire Department Occupancy PD:Police Department FO:Final CE:City Engineer Occupancy WW:Wastewater PI: Public CA:City Attorney Improvements AMWC: Atascadero Mutual Water Company Planning Services -Standard Planning Conditions 1. The approval of this application shall become final, Ongoing PS subject to the completion of the conditions of approval, fourteen (14) days following the Planning Commission approval unless prior to that time, an appeal to the decision is filed as set forth in Section 9-1.111(b)of the Zoning Ordinance. 2. Approval of this Tentative Parcel Map shall be valid for FM PS two 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, or a final map is recorded with the County Recorder's Office. 3. The Community Development Departments hall have FM PS the 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 to the Tentative Parcel Map. 4. A P arcel map d rawn i n s ubstantial c onformance w ith FM PS the 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. 5. The subdivider shall defend, indemnify, and hold Ongoing CA harmless 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. 6. The final map shall be subject to additional fees for FM PS park or recreation purposes (QUIMBY Act) as required by City Ordinance. City of Atascadero Resolution No.2004-012 Page 7 of 15 Conditions of Approval/Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure TPM 2002-0028(AT 01-091) PM: Parcel Map GP:Grading Pant PS:Planning Services 9230 Vista Bonita Avenue BP:Building Prmt BS:Building Services TO:Temporary FD:Fire Department Occupancy PD:Police Department FO:Final CE:City Engineer Occupancy WW:Wastewater PI: Public CA:City Attorney Improvements AMWC: Atascadero Mutual Water Company Project Specific Conditions 7. All future residential development on the parcels shall FM PS be constructed with fire sprinklers. 8. Septic systems may be allowed on these parcels, GP/BP PW/PS/BS providing the systems meet all City and Building Code regulations and policies. 9. All future development shall be consistent with the PM PS Conditions of Approval detailed in Planning Commission Resolution No. 2001-038. 10. All future proposals for cellular facilities shall be Ongoing PS required to amend the existing Conditional Use Permits and shall be required to co-locate on existing facilities. 11. Prior to recordation of the final map, the applicant PM PS shall submit a landscaping plan for all areas previously disturbed and for the area surrounding the gate on Vista Bonita. This landscaping plan shall be reviewed and approved by the Community Development Department and the landscaping shall be installed prior to recordation of the final map. Engineering Standard Conditions 12. In the event that the applicant is allowed to bond for FM CE any public improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council 13. An engineer's estimate of probable cost shall be FM CE submitted for review and approval by the City Engineer to determine the amount of the bond. 14. The Subdivision Improvement Agreement shall FM CE record concurrently with the Final Map. 15. The applicant shall enter into a Plan FM CE Check/Inspection agreement with the City. 16. The applicant shall acquire title interest in any off-site FM CE land that may be required to allow for the City of Atascadero Resolution No.2004-012 Page 8 of 15 Conditions of Approval/Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure TPM 2002-0028(AT 01-091) PM: Parcel Map GP:Grading Prmt PS:Planning Services 9230 Vista Bonita Avenue BP:Building Prmt BS:Building Services TO:Temporary FD:Fire Department Occupancy PD:Police Department FO:Final CE:City Engineer Occupancy WW:Wastewater PI: Public CA:City Attorney Improvements AMWC: Atascadero Mutual Water Company 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. 17. Slope easements shall be obtained by the applicant FM CE as needed to accommodate cut or fill slopes. 15. Drainage easements shall be obtained by the FM CE applicant as needed to accommodate both public and private drainage facilities. The applicant shall address storm water detention prior to grading and drainage approval. 18. A current preliminary subdivision guarantee shall be FM CE submitted for review in conjunction with the processing of the parcel map. 19. The final map shall be signed by the City Engineer FM CE prior to the map being placed on the agenda for City Council acceptance. 20. Prior to recording the final map, the applicant shall FM CE pay all outstanding plan check/inspection fees. 21. Prior to recording the final map, the applicant shall FM CE complete all improvements required by these conditions of approval. 22. Prior to recording the final map, the applicant's FM CE surveyor 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. 23. Prior to recording the parcel map, the applicant shall FM CE 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 of Atascadero Resolution No.2004-012 Page 9 of 15 Conditions of Approval/Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure TPM 2002-0028(AT 01-091) PM: Parcel Map GP:Grading Prmt PS:Planning Services 9230 Vista Bonita Avenue BP:Building Prmt BS:Building Services TO:Temporary FD:Fire Department Occupancy PD:Police Department FO:Final CE:City Engineer Occupancy WW:Wastewater PI: Public CA:City Attorney Improvements AMWC: Atascadero Mutual Water Company City's Subdivision Ordinance. 24. All existing and proposed utility, pipeline, open space, FM CE or 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 map. The applicant shall show all access restrictions on the final map. 25. Prior to recording the final map, the applicant shall FM CE 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. 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 on the final map. 26. 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. 27. The applicant shall be responsible for the relocation FM CE and/or alteration of existing utilities. 28. The applicant shall install all new utilities (water, gas, FM CE electric, cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 29. Prior to the final inspection of any public FM CE 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. 30. The applicant shall monument all property corners for FM CE construction control and shall promptly replace them if disturbed. Engineering Project Specific Conditions City of Atascadero Resolution No.2004-012 Page 10 of 15 Conditions of Approval/Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure TPM 2002-0028(AT 01-091) PM: Parcel Map GP:Grading Prmt PS:Planning Services 9230 Vista Bonita Avenue BP:Building Prmt BS:Building Services TO:Temporary FD:Fire Department Occupancy PD:Police Department FO:Final CE:City Engineer Occupancy WW:Wastewater PI: Public CA:City Attorney Improvements AMWC: Atascadero Mutual Water Company 31. An ingress, egress and utility easement shall be FM CE retained over Vista Bonita Avenue. 32. A road maintenance agreement shall be prepared for FM CE maintenance of the private driveway, prior to recordation of the final map. The agreement shall be reviewed and approved by the City Engineer, Community Development Director and the City Attorney. After approval, the road maintenance shall record concurrently with the final map. Building/Fire Marshal: 33. Interior fully automatic fire sprinklers will be required for GP FD/PS/BS all new residential development. 34. All roads, access ways and driveways shall be built to GP FD/PS/BS Fire Department standards, including turnouts and/or turnarounds, as required. The short stretch of grade @ 22% shown on the tentative map will be acceptable due to the shallow bury of utilities. 35. All residential structures shall be within 800 feet of a GP FD/PS/BS fire hydrant as measured along the road and driveways. Water tanks will not be an acceptable method of providing emergency water supplies. Water Company: 36. The applicant shall design and construct the water FM AMWC system improvements needed to serve the subdivision. The water system improvements required to serve the subdivision shall be private, shall be operated and maintained by the applicant and shall be isolated from the AMWC system with an appropriate back-flow prevention device. The applicant is responsible for designing and constructing water system improvements that will deliver water at the pressures and flows needed to serve the subdivision. 37. AMWC expressly reserves and retains all rights and privileges grated to it, among other things, to construct City of Atascadero Resolution No.2004-012 Page 11 of 15 Conditions of Approval/Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure TPM 2002-0028(AT 01-091) PM: Parcel Map GP:Grading Prmt PS:Planning Services 9230 Vista Bonita Avenue BP:Building Print BS:Building Services TO:Temporary FD:Fire Department Occupancy PD:Police Department FO:Final CE:City Engineer Occupancy WW:Wastewater PI: Public CA:City Attorney Improvements AMWC: Atascadero Mutual Water Company and operate water facilities over, along, upon and through the segment of the roadway alignment that is to be abandoned. Said rights and privileges were granted to AMWC by that certain Deed, dated October 20, 1914, and recorded in the Office of the County Recorder, County of San Luis Obispo, State of California, in Volume 113, at page 56. MITIGATION MEASURES Mitigation Measure 3.b.1: The project is conditioned to BS BS/PS 3.b.1 comply with all applicable District regulations pertaining to the control of fugitive dust(PM-10)as contained in sections 6.3,6.4 and 6.5 of the April 2003 Air Quality Handbook. Section 6.3: Construction Equipment Maintain all construction equipment in proper tune according to manufacturer's specifications. • Fuel all off-road and portable diesel powered equipment, including but not limited to bulldozers, graders, cranes, loaders, scrapers, backhoes, generator sets, compressors, auxiliary power units, with ARB certified motor vehicle diesel fuel (Non- taxed version suitable for use off-road). • Maximize to the extent feasible, the use of diesel construction equipment meeting the ARB's 1996 or newer certification standard for off-road heavy-duty diesel engines. • Install diesel oxidation catalysts (DOC), catalyzed diesels particulate filters (CDPF)or other District approved emission reduction retrofit services (Required for projects grading more than 4.0 acres of continuously worked area). Section 6.4: Activity Management Techniques • Develop a comprehensive construction activity management plan designed to minimize the amount of large construction equipment operating during any given time period. • Schedule of construction truck trips during non-peak hours to reduce peak hour emissions. • Limit the length of the construction workday period, if necessary. 0 Phase construction activities, if appropriate. City of Atascadero Resolution No.2004-012 Page 12 of 15 Conditions of Approval/Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure TPM 2002-0028(AT 01-091) PM: Parcel Map GP:Grading Print PS:Planning Services 9230 Vista Bonita Avenue BP:Building Prmt BS:Building Services TO:Temporary FD:Fire Department Occupancy PD:Police Department FO:Final CE:City Engineer Occupancy WW:Wastewater PI: Public CA:City Attorney Improvements AMWC: Atascadero Mutual Water Company Section 6.5: Fugitive PM10 All of the following measures shall be included on grading, demolition and building plan notes: A. Reduce the amount of the disturbed area where possible. B. 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. C. All dirt stockpile areas should be sprayed daily as needed. D. Permanent dust control measures identified in the approved project re-vegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities. E. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading should be sown with a fast-germinating native grass seed and watered until vegetation is established. F. All disturbed soil areas not subject to revegatation should be stabilized using approved chemical soil binder,jute netting, or other methods approved in advance by the APCD. G. All roadways, driveways, sidewalks, etc, to be paved should be complete as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used. H. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. I. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114. J. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or was off trucks and equipment leaving the site. K. 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. L. The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust off site. The name and telephone number of such persons shall be provided to the APCD prior to land use clearance for map recordation and land use clearance for finish grading of any structure. Mitigation Measure 4.e.1: The Grading Plan shall identify tree BP PS 4.e.1 protection fencing around the drip line of each existing on-site tree and/or native shrub mass within 20 feet of construction activity. City of Atascadero Resolution No.2004-012 Page 13 of 15 Conditions of Approval/Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure TPM 2002-0028(AT 01-091) PM: Parcel Map GP:Grading Prmt PS:Planning Services 9230 Vista Bonita Avenue BP:Building Prmt BS:Building Services TO:Temporary FD:Fire Department Occupancy PD:Police Department FO:Final CE:City Engineer Occupancy WW:Wastewater PI: Public CA:City Attorney Improvements AMWC: Atascadero Mutual Water Company Mitigation Measure 4.e.2: Grading and excavation and grading work BP PS 4.e.2 shall be consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: 1. All existing trees outside of the limits of work shall remain. 2. Earthwork shall not exceed the limits of the project area. 3. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 4. Vehicles and stockpiled material shall be stored outside the drip line of all trees. 5. All trees within the area of work shall be fenced for protection with 4-foot chain link,snow,or safety fencing placed per the approved tree protection plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing shall remain in place until completion of all construction activities. 6. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. Mitigation Measure 6.b: All disturbed areas, not shown on the BP BS 6.b project landscape plan for landscaping shall be hydro seeded with a native seed mix. Erosion control measures shall include an erosion control blanket for all 2:1 fill slopes.Affected areas that previously contained native shrubs and vegetation shall be replanted with similar plant species per an approved landscape plan. Duration of the project:The contractor will be responsible for the clean up of any mud or debris that is tracked out on to EI Bordo Rd and/or the private access drive by construction vehicles. Mitigation Measure 6.c.d: A soils report shall be required to be BP BS 6.c.d submitted with any future building permits by the building department.The building plans will be required to follow the recommendations of the soils report to assure safety for residents and buildings. Mitigation Measure 11.d: All construction activities shall comply with BP BS/PS 11.d the City of Atascadero Noise Ordinance for hours of operation. City of Atascadero Resolution No.2004-012 Page 14 of 15 EXHIBIT Q Tentative Parcel Map Draft Resolution A TPM 2002-0028 off Y, 4 f � ` a" ■ p� � �i � Y �t I MF ilY �Y �Y `I �1kti IIS I II l 12i i$ � r City of Atascadero Resolution No.2004-012 Page 15 of 15