The URL can be used to link to this page

Home My WebLink AboutResolution 2004-025 RESOLUTION NO. 2004-025 RESOLUTION OF THE CITY COUNCIL RECERTIFYING MITIGATED NEGATIVE DECLARATION 2002- 0044 PREPARED FOR GENERAL PLAN AMENDMENT 2003-0011 AND ZONE CHANGE 2003-0076 - APN 029-302-047 (5245 El Camino Real/ Sherwin) WHEREAS, an application has been received from Stan Sherwin (5245 El Camino Real, Atascadero CA 93422) Applicant and Property Owner to consider a project consisting of a general plan amendment changing the GC (General Commercial) land use designation to MDR (Medium Density Residential); and change a portion of the CR (Commercial Retail) zoning district to RMF-10 (Residential Multi-Family, 10 units/Acre) on 0.15 acres within APN 029-302-047; and, WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2002- 0044 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 of the City of Atascadero held a public hearing on Tuesday, March 3, 2004 following the close of the review period to consider the Initial Study and Proposed Mitigated Negative Declaration; and, WHEREAS, the City Council of the City of Atascadero held a public hearing on Tuesday, March 23, 2004 following the close of the review period to consider the Initial Study and Proposed Mitigated Negative Declaration; and, NOW, THEREFORE, the City Council of the City of Atascadero, hereby resolves to recertify Proposed Mitigated Negative Declaration 2002-0044 based on the following Findings as shown on Exhibit A: 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 project does not have the potential to degrade the environment when mitigation measures are incorporated into the project. 4. The project will not achieve short-term to the disadvantage of long-term environmental goals. City of Atascadero Resolution No.2004-025 Page 2 of 5 5. The project does not have impacts, which are individually limited,but cumulatively considerable. 6. The project will not cause substantial adverse effects on human beings either directly or indirectly. On motion by Council Member Scalise 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, Pacas, Scalise and Mayor Luna NOES: None ABSTAIN: Council Member O'Malley ADOPTED: March 23, 2004 CITY ATASCAD By: �""` Dr. orge Luna, Mayor ATTEST: YIA (- 1 Marcia McClure Torgerson, C.M.C., Ci Clerk APPROVED AS TO FORM: Roy A.Y anley, City AXorney CITY OF ATASCADER0 19la 19 g CAD PROPOSED RECERTIFICATION OF MITIGATED NEGATIVE DECLARATION #2002-0044 6905 El Camino Real,Suite 6 Atascadero,CA 93422 805/461-5000 Applicant: Stan Sherwin,5265 El Camino Real,Atascadero,CA 93422 Project Title: Recertification of MND 2002-0044 for GPA 2003-0011,ZCH 2003-0076 applied only to the construction of a 1,600 square foot residential duplex building that was previously evaluated under CUP 2002-0075 for the K-Jon's mixed-use project. Project 5245,5265 El Camino Real,Atascadero,CA 93422 Location: (San Luis Obispo County)APN 029-302-047,029-312-036 Project The project consists of an application for a General Plan Amendment from General Commercial(GC) Description: . to Medium-Density Residential(MDR)and from Commercial Retail(CR)to Residential Multi- Family-10(RMF-10)Zone to allow construction of a 1,600 square foot residential duplex with parking and landscaping on 0.15 acres on an existing 0.46-acre commercial site that was previously evaluated under CUP 2002-0075. General Plan Designation: General Commercial Zoning District: Commercial Retail Findings: 1. The project does not have the potential to degrade the environment. 2. The project will not achieve short-term to the disadvantage of long-term environmental goals. 3. The project does not have impacts which are individually limited,but cumulatively considerable. 4. The project will not cause substantial adverse effects on human beings either directly or indirectly. Determination: Based on the above findings,and the information contained in the initial study 2002-0044(made a part hereof by reference and on file in the Community Development Department),it has been determined that the above project will not have an adverse impact on the environment when the following proposed mitigation measures are incorporated into the project(see attachment). Prepared By: Steve McHarris,Planning Services Manager Date Posted: February 24,2004 Public Review Ends: March 14,2004 Attachments: - Location Map - Approved Site&Landscape Plan - Approved Elevations - Approved Floor Plan - Approved Grading,Drainage&Utility Plan - Initial Study 2002-0044 Ft7c QA200D-OOH.KJankLSAff7Dm.doc ..... . . .. Print Doc 02?4A412:41 PM 6905 L CANHNO REAL SUITE 6 •ATASCADERO,CA 93422 (805)461-5000 • FAX 461-7612 City of Atascadero Resolution No.2004-025 Page 3 of 5 Exhibit A Proposed Mitigated Negative Declaration 2002.0044 Exhibit A Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP:GradServices CUP 2002-0075, GPA 2003-0011, ZCH 2003- BP:Building Pernt Bs:BBuldi Planning T0:Temporary FD:Fire Dep ri nent 0076 Occupancy PD:Poke Department FI:Final mspe*n CE:City Engineer F0:Final Occupancy WW:Wasteweter CAClly5245, 5265 El Camino Real AMW W erc mo . BP PS 1.0 Mitigation Measure 1.c.1: All lighting shall be designed to eliminate any off site glare. All exterior site lights shall utilize full cut-off,"hooded" lighting fixtures to prevent offsite light spillage and glare. Any luminaire pole height shall not exceed 30-feet in height, limit intensity to 2.0 foot candles at ingress/egress,and otherwise 0.6 foot candle minimum to 1.0 maximum in parking areas. Fixtures shall be shield cut-off type. Mitigation Measure 1.c.2: The project landscape shall include requiring BP PS 1.c.2 24-inch box sized street trees adjacent to El Camino Real. Mitigation Measure 3.b: The project shall be conditioned to comply with BP BS 3.b all applicable District regulations pertaining to the control of fugitive dust (PM-10)as contained in section 6.4 of the Air Quality Handbook. All site grading and demolition plans notes shall list the following regulations: A. All material excavated or graded shall be sufficiently watered to prevent excessive amounts of dust. Watering shall occur at least twice daily with complete coverage,preferably in the late morning and after work is finished for the day. B. All clearing,grading,earth moving, or excavation activities shall cease during periods of high winds(i.e.greater than 20 mph averaged over one hour)so as to prevent excessive amounts of dust. C. All material transported off-site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. D. The area disturbed by clearing,grading,earth moving,or excavation operations shall be minimized so as to prevent excessive amounts of dust. E. Permanent dust control measured identified in the approved project re-vegetation and landscape plans shall be implemented as soon as possible following completion of any soil disturbing activities. F. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading shall be sown with fast-germinating native grass seed and watered until vegetation becomes established. G. All disturbed areas not subject to re-vegetation shall be stabilized using approved chemical soil binders,jute netting, or other methods in advance by the APCD. H. All roadways,driveways,sidewalks,etc.to be paved shall be completed as soon as possible. In addition,structural foundations shall be completed as soon as possible following building pad construction. I. On-site vehicle speed shall be limited to 15 mph for any unpaved surface. City of Atascadero Resolution No.2004-025 Page 4 of 5 Exhibit A Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP:Grading Permit PS:Planning Services CUP 2002-0075, GPA 2003-0011, ZCH 2003- BP:Building Pemil BS:Building services 0076 Occupancy PPD:Poke Dep�r em FI:Final inspection CE:Cily Engineer F0:Final Occupancy WW:Wastewater City 5245, 5265 EI Camino Real AAMWC werrCComp. J. All unpaved areas with vehicle traffic shall be watered at least twice per day, using non-potable water. K. Streets adjacent to the project site shall be swept daily to remove silt,which may have accumulated from construction activities so as to prevent excessive amounts of dust from leaving the site. L. Wheel washers may be required when significant offsite import or export of fill is involved. M. Large canopy shade trees shall be provided along street frontages and within parking areas to shade paved areas and minimize urban heat build-up. Mitigation Measure4.ef: An arborist report and tree preservation GP, PS,BS,CE 4.ef recommendations is required for any proposed construction or earthwork BP within or adjacent to the drip line of the existing off-site oak tree located at the northeast corner of the site,prior to grading or building permit issuance. Mitigation Measure 5.e: Should any cultural resources be unearthed GP BS 5.e during site development work,the provisions of CEQA-Section 15064.5, will be followed to reduce impacts to a non-significant level. Mitigation Measure 61.1: The Building Permit Application plans shall GP PS,BS,CE 6.b.2 include erosion control measures to prevent soil,dirt,and debris from entering the storm drain system during and after construction. A separate plan shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. Mitigation Measure 6.b.2: All cut and fill slopes shall be hydro seeded GP PS,BS,CE 6.b.4 with an appropriate erosion control method(erosion control blanket, hydro-mulch,or straw mulch appropriately anchored)immediately after completion of earthwork between the months of October 15 through April 15. All disturbed slopes shall have appropriate erosion control methods in place. Duration of the project: The contractor will be responsible for the clean up of any mud or debris that is tracked onto public streets by construction vehicles. Mitigation Measure 6.c.d: A soils report shall be required to be submitted GP BS 6.c.d with a future building permit by the building department.The building plans will be required to follow the recommendations of the soils report to assure safety for occupants and buildings. Mitigation Measure 8.0.1: A Storm Water Pollution Prevention Plan GP PS,BS,CE ISAII (SWPPP)/Erosion Control Plan shall be submitted and approved by the City Engineer prior to the issuance of the building permit. The plan shall include storm water measures for the operation and maintenance of the project for the review and approval of the City Engineer. The Building Permit application plans shall identify Best Management Practices (BMPs)appropriate to the uses conducted on site that effectively prohibit the entry of pollutants into storm water runoff. Mitigation Measure 8.e.f.2: The developer is responsible for ensuring GP PS,BS,CE 6.b.3 that all contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best Management Practices will result in the issuance of correction notices,citations,or stop orders. Mitigation Measure 11.d: All construction activities shall comply with the BP, PS,BS 11.d City of Atascadero Noise Ordinance for hours of operation. City of Atascadero Resolution No.2004-025 Page 5 of 5 Exhibit A Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP:Grading Perini! PS:Planning Services CUP 2002-0075, GPA 2003-0011, ZCH 2003- BP:BuildingPemq BS:Building Swim TO:Temporary FD:Fre Deparbrienl 0076 Occupancy PD:Police Department FI:Final irrspectlon CE:City Engineer F0:Final Occupancy WW:Wastewater 5245, 5265 El Camino Real AMWC w�Gomp. GP Construction activities shall be limited to the following hours of operation: • 7 a.m.to 7 p.m. Monday through Friday • 9 a.m.to 6 p.m. Saturday • No construction on Sunday Further,particularly loud noises shall not occur before 8 a.m.on weekdays and not at all on weekends. The hours of construction may be modified by the Community Development Director upon a determination that unusually loud construction activities are having a significant impact on the neighbors. Failure to comply with the above-described hours of operation may result in withholding of inspections and possible construction prohibitions, subject to the review and approval of the Planning Commission. A sign shall be posted on-site with the hours of operation and a telephone number of the person to be contacted in the event of any violations. The details of such a sign shall be approved by staff during the Grading Plan/Building Permit review process. Mitigation Measure 15.g: The applicant shall provide reciprocal access BP BS 15.g easements to the northerly,central,and southerly adjoining properties per the proposed site plan. � S oUUTIO � S � a �