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HomeMy WebLinkAboutResolution 2004-029 RESOLUTION NO. 2004-029 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING VESTING TENTATIVE TRACT MAP 2003-0043, A SIX LOT MAP CONSISTENT WITH A PD-7 OVERLAY ZONE OF APN 031-183-002 (7755 NAVAJOA AVE/HUCKOBEY) WHEREAS, an application has been received from Jack Huckobey (5050 Portola Rd, Atascadero, CA 93422) Applicant and Property Owner to consider a project consisting of a zone change from RMF-10 (Residential Multi-Family) to RMF-10 / PD-7 (Residential Multi-Family with Planned Development Overlay#7) with the adoption of a Master Plan of Development, and a four lot residential Tentative Parcel Map on APN 031-183-002 and, WHEREAS, the site's General Plan Designation is MDR (Medium-Density Residential); and, WHEREAS, the site's current zoning district is RMF-10 (Residential Multi-Family); and, WHEREAS, the Planning Commission has recommended that a site be rezoned to include a PD-7 overlay with a Master Plan of Development thereby allowing a six 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 Tract 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 October 7, 2003, studied and considered Tentative Tract Map 2003-0043, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project; and, WHEREAS, the Atascadero City Council, at a Public Hearing held on December 9, 2003, studied and considered Vesting Tentative Tract Map 2003-0043, after first studying and considering the Draft Mitigated Negative Declaration prepared for the project; and, NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Atascadero: City of Atascadero Resolution No.2004-029 Page 2 of 12 SECTION 1. Findings of Approval for Tentative Parcel Mau 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 proposed Planned Development Overlay District#7 Master Plan of Development (CUP 2003-0087). 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 December 9, 2003, resolves to approve Vesting Tentative Tract Map (TTM 2003-0043) subject to the following: 1. Exhibit A: Vesting Tentative Tract Map 2003-0043 2. Exhibit B: Conditions of Approval/Mitigation Monitoring Program. City of Atascadero Resolution No.2004-029 Page 3 of 12 On motion by Council Member Scalise and seconded by Council Member Claly, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: Council Members Clay, O'Malley, Pacas, and Scalise NOES: Mayor Luna ABSENT: None ADOPTED: March 23, 2004 CITY ATASCAD O By:- Dr. y. Dr. eorge Luna, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., CUt Clerk APPROVED AS TO FORM: Roy A. anley, City Attorfey City of Atascadero Resolution No.2004-029 Page 4 of 12 Exhibit A:Vesting Tentative Tract Map 2003-0043 I- full I It, fit, � r t O I I t S I I 4 } 1 � Jill } ! YAYN F iCt � F I t aw g� I aa.wr 'l l City of Atascadero Resolution No.2004-029 Page 5 of 12 Exhibit B:Conditions Of Approval/Mitigation Monitoring Program Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP:Grading Permit PS:Planning Services BP:Building Pem t BS:Building Services 7755 Navajoa Ave SIP:Subdivision FD:Fire Department Improvement Plans PD:Police Department Vesting Tentative Tract Map FM:Final Map CE:City Engineer T0:Temporary Occupancy WW:Wastewater TTM 2003-0043 FI:Final inspection CA Cily Attomey F0:Final Occupancy AMWC:Water Comp. Planning Services 1. The approval of this Tentative Parcel Map shall not FM PS become final and effective following approval of Zone Change 2002-0036 and CUP 2003-0087. 2. Approval of this Tentative Parcel Map shall be valid FM PS for 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. 3. The Community Development Department shall 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 design issue that is not substantive to the Tentative Tract Map and that the Final Map is in substantial conformance with the Tentative Map. 4. The Parcel Map shall be subject to additional fees for FM PS park or recreation purposes (QUIMBY Act) as required by City Ordinance. 5. The granting of this entitlement shall apply to the Ongoing PS property located at 7755 Navajoa Ave(APN 031-183- 002)regardless of owner. 6. The Final Map shall be drawn in substantial FM PS conformance with 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. 7. The subdivider shall defend, indemnify, and hold FM PS 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. 8. Affordable Housing Requirement: The applicant shall FM PS,CE either set aside one housing unit at the moderate category rate for a period of 30 years and pay in-lieu fees for the factional portion owed in excess of one City of Atascadero Resolution No.2004-029 Page 6 of 12 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP:Grading Permit PS:Planning Services 7755 Navajoa Ave SIF Building Subdivision`"t FD:Fire DepaNr nt Improvement Plans PD:P*e DepaMient Vesting Tentative Tract Map FM:Final Map CE:City Engineer T0:Temporary Occupancy WW:Wastewater TTM 2003-0043 FI:Final inspectbn CA:City Abrney FO:Final Occupancy AMWC:Water Comp. unit, or pay an in-lieu fee based on 2.50% of the valuation of each of the market rate units. Building Services 9. A soils investigation prepared by a licensed FM PS,BS,CE Geotechnical 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 10. A minimum 16'paved with 20'total clear width FM PS,CE access with a minimum head clearance of 13'-6"is to be provided to each building location. Twenty- foot clear width may be provided with use of turf block or low-lying shrubs along the west side for emergency vehicle access. 11. The location of all existing and proposed fire FM CE hydrants shall be shown on subsequent building permit applications. 12. A letter shall be provided from Atascadero Mutual FM CE Water Company stating the minimum expected water available to the site. Amount available must meet minimum requirement specified in the California Fire Code. 13. Address signage design shall be provided prior to FM CE issuance of any subsequent building permits. 14. Fire lanes shall be delineated to restrict parking as FM CE required by the Fire Authority. City Engineer Site Specific Conditions 15. The applicant shall construct new curb,gutter and BP PS/PW sidewalk,in accordance with City Standards,as shown on improvement plans,along entire frontage. 16. The applicant shall overlay or slurry seal the entire BP PW street frontage of Navajoa,in accordance with City Standards. The applicant shall retain the onsite 50 year developed BP/GP/FM PW storm and meter out the 2-year historic storm in the historic release location.The basin shall have a overland escape route for storm events over the 50 year event.The City of Atascadero Resolution No.2004-029 Page 7 of 12 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP:Grading Peank PS:Planning Services BP:Budding Permit BS:Building Services 7755 Navajos Ave SIP:Subdivision FD:Fire Depararsm Improvement Flans PD:Police Department Vesting Tentative Tract Map FM:Final Map CE:Ck Engineer TO:Temporary Occupancy WW:Wastewater TTM 2003-0043 FI:Final inspection CA City Attorney F0:Final Occupancy AMWC:Water Cone. overland escape route shall not damage other properties. The Storm water from Navajoa Ave shall be allowed to enter the site and be released at a historic location. 17. The applicant shall pay sewer Extension BP PW (Annexation)and Connection fees upon issuance of building permit. 18. A homeowners association,or other funding and FM PW maintenance agreement shall be submitted for approval by the City Engineer and City Attorney prior to recording the final map. The agreement shall cover scheduled maintenance of the pervious avers,and maintenance of the drainage facilities. 19. Existing drainage patterns from adjacent BP PW properties shall not be obstructed. 20. All drainage from improvements shall cross FM PW property lines within drainage easements. City Engineer Standard Conditions 21. In the event that the applicant is allowed to bond for BP BS the public improvements required as a condition of this map,the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 22. An engineers estimate of probable cost shall be BP PW submitted for review and approval by the City Engineer to determine the amount of the bond. 23. The Subdivision Improvement Agreement shall BP PW record concurrently with the Final Map. 24. All public improvements shall be constructed in BP PW conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 25. The applicant shall enter into a Plan BP BS Check/Inspection agreement with the City. 26. The applicant shall be responsible for the relocation BP PW and/or alteration of existing utilities. 27. The applicant shall install all new utilities (water, SP BS gas, electric, cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 28. The applicant shall monument all property corners BP PW for construction control and shall promptly replace them if disturbed. City of Atascadero Resolution No.2004-029 Page 8 of 12 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP:Grading Permit PS:Planning Swbas BP:Building Permit BS:Building Services 7755 Navajoa Ave SIP:Subdivision FD:FireDepannent Inprovemerd Plans PD:Police Department Vesting Tentative Tract Map FM:Final Map CE:City Engineer T0:Temporary Occupancy WW:Wastewater TTM 2003-0043 Fl:Final ins moon Ca city Annoy F0:Final Occupancy AMWC:Water Comp. 29. A preliminary subdivision guarantee shall be BP PW submitted for review in conjunction with the processing of the parcel map. 30. All existing and proposed utility, pipeline, open BP PS/PW space, or other easements are to be shown on the parcel map. If there are building or other restrictions related to the easements, they shall be noted on the parcel map. The applicant shall show all access restrictions on the parcel map. 31. Prior to recording the parcel map, the applicant BP PS/PW shall submit a map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 32. Prior to recording the parcel map, the applicant's BP PW surveyor shall set monuments at all new property corners or shall indicate, by certificate on the final 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. 33. Prior to recording the parcel map, the applicant BP BS shall pay all outstanding plan check/inspection fees. 34. Prior to recording the parcel map, the applicant BP PW 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,which indicates their review of the map. The letter shall identify any new easements, which 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 parcel map. 35. Upon recording the final map, the applicant shall BP PW provide the City with a black line clear Mylar (0.4 mil)copy and a blue line print of the recorded map. 36. Prior to the final inspection of any public BP PW 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. City of Atascadero Resolution No.2004-029 Page 9 of 12 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP:Grading Penn PS:Planning Services BP:Building Penmit BS:Building Services 7755 Navajoa Ave SIP:Subdivision FD:FreDepartrnent Irrpmement Plans PD:Police Department Vesting Tentative Tract Map Fre:Final Map CE:Ciy Engineer TO:Temporary Occupancy WW:Wastewater TTM 2003-0043 Fl:Final inspection cn Ck Attorney F0:Final Occupancy AMWC:Water Comp. Atascadero Mutual Water Company 37. Prior to the recordation of the Final Parcel Map,the BP BS applicant shall submit plans showing the water distribution facilities required to serve the project for review and approval by the Atascadero Mutual Water Company.All new water distribution facilities shall be constructed in conformance with Atascadero Mutual Water Company Standards. 38. Prior to the recordation of the Final Map,the BP BS applicant shall obtain a"Will Serve"letter from the Atascadero Mutual Water Company. 39. Prior to issuance of building permits,the applicant BP BS shall pay all installation and connection fees required by the Atascadero Mutual Water Company. 40. Show all fire suppression appurtenances required BP BS by the Atascadero Fire Department. 41. Prior to the recordation of the Final Parcel Map,the BP BS applicant shall submit plans showing the water distribution facilities required to serve the project for review and approval by the Atascadero Mutual Water Company.All new water distribution facilities shall be constructed in conformance with Atascadero Mutual Water Company Standards. 42. A 5-foot drainage easement shall be recorded BP PW on the final map along the south property line of Parcel A and Parcel B and the east property line of Parcel B. 43. Existing drainage patterns from adjacent BP PW properties shall not be obstructed. 44. All drainage from improvements shall cross BP PW property lines within drainage easements. Mitigation Measures Mitigation Measure 1.c.1: If exterior lighting is proposed,it BP PS 1.c.1 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 16-feet in height, limit intensity to 2.0 foot candles at ingress/egress,and otherwise 0.6 foot candle minimum to 1.0 maximum within the private street. Fixtures shall be shield cut-off type and compatible with historic setting, subject to staff approval. City of Atascadero Resolution No.2004-029 Page 10 of 12 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP:Grading Permit PS:Planning Services BP:Building Permit BS:Building Services 7755 Navajoa Ave SIP:SubdWiDn FD:Fire Department Ir prmement Plans PD:Police Department Vesting Tentative Tract Map FM:Final Map CE:City Engineer TO:Temporary 00Cupancy WW:Wastewater TTM 2003-0043 FI:Final inspectim CA Cay Momey F0:Final Occupancy AMWC:Water Cone. Mitigation Measure 1.c.2: Proposed residences shall utilize a variety of colors and a minimum of two accent base materials throughout the project.Color Schemes shall be comprised of a minimum of three complimentary colors and shall be used to accentuate building trim and architectural features. Mitigation Measure 3.b.1: The project shall be conditioned to SP BS 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. • Phase construction activities, if appropriate. 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 City of Atascadero Resolution No.2004-029 Page 11 of 12 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP:Grading Permil PS:Planning S&-&w BP:Building Pernit BS:Building Services 7755 Navajoa Ave SIP:SubdWionn FD:Fire Dep drneot Improvement Plans PD:Police Department Vesting Tentative Tract Map FM:Final Map CE.City Engineer TO:Temporary Occupancy WW:Wastewater TTM 2003-0043 FI:Final inspection CA City Altomey F0:Final Occupancy AMWC:Water Comp. 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 plann4ed 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 re-vegetation 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:All tree removals shall be mitigated as GP BS 4.e.1 prescribed by the Atascadero Native Tree Ordinance. ($2900.00) City of Atascadero Resolution No.2004-029 Page 12 of 12 Conditions of Approval/ Timing Responsibility Mitigation Mitigation Monitoring Program /Monitoring Measure GP:Grading Pem ll PS:Planning Services BP:Building Permit BS:Building Services 7755 Navajoa Ave SIP:Subdivision FD:FireDepamnem Improvement Plans PD:Poke Department Vesting Tentative Tract Map FM:Final Lisp CE:City Engineer TO:Temporary Occtpancy WW:Wastewater TTM 2003.0043 FI:Final inspection CA City attorney F0:Final Occupancy AMWC:Water Camp. Mitigation Measure 6.b: The grading permit application plans GP BS 4.e.2 shall 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.c.d: A soils report shall be required to be GP BS 4.e.3 submitted 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 residents and buildings. Mitigation Measure 8.e.f: The developer is responsible for GP BS 4.e.4 ensuring 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 work orders. Mitigation Measure 11.d: All construction activities shall GP BS 4.e.5 comply with the City of Atascadero Noise Ordinance for hours of operation. 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 Community Development Director. 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.