HomeMy WebLinkAboutResolution 2004-054 RESOLUTION NO. 2004-054
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO APPROVING
AMENDMENT TO CONDITIONAL USE PERMIT 2001-0047,
A MASTER PLAN OF DEVELOPMENT FOR THE
PD-7 OVERLAY ZONING DISTRICT ON APN 030-081-027
(7257 Parriza Ct. /APN 030-081-027 & 033/ Gearhart)
WHEREAS, an application has been received from Kelly Gearhart and Morro Road
Homes, LLC, 6205 Alcantara Avenue, Atascadero, California 93422, (Applicant & Owner), to
consider a project consisting of a zone change from CR (Commercial Retail) to RMF-16 / PD-7
(Residential Multi-Family with Planned Development Overlay#7) with the adoption of a Master
Plan of Development, and a two-lot residential tract map, on .36 acres located at 7257 Parriza Ct.
(APN 030-081-027); and,
WHEREAS, the site's General Plan Designation is GC (General Commercial); and,
WHEREAS, the City Council has ordained that the site be re-designated to HDR (High
Density Residential); and
WHEREAS, the site's current zoning district is CR(Commercial Retail); and,
WHEREAS, the City Council has ordained that the site be rezoned to RMF-16
(Residential Multi-family, 16 units per acre) including a PD-7 overlay district which requires the
adoption of a Master Plan of Development; and,
WHEREAS, the 1 aws 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 Zone
Change application was held by the Planning Commission of the City of Atascadero on May 18,
2004 at which hearing evidence, oral and documentary, was admitted on behalf of said Master
Plan of Development; and,
WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing
held on May 18, 2004, studied and considered the Master Plan of Development for Zone Change
2003-0075 and recommended approval to the City Council of the City of Atascadero, and,
WHEREAS, a timely and properly noticed Public Hearing upon the subject Zoning Map
Amendment application was held by the City Council of the City of Atascadero on June 22, 2004
at which hearing evidence, oral and documentary, was admitted on behalf of said general plan
amendment; and
City of Atascadero
Resolution No. 2004-054
Page 2 of 10
WHEREAS,the City Council of the City of Atascadero, at a duly noticed Public Hearing
held on Tuesday, June 22, 2004,studied and considered the Amendment to Conditional Use
Permit 2001-0047; and,
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Atascadero:
SECTION 1. Findings for Approval for a Master Plan of Development. The City
Council finds as follows:
1. The proposed project or use is consistent with the General Plan and the City's
Appearance Review Manual; and,
2. The proposed project or use satisfies all applicable provisions of the Title (Zoning
Ordinance) including the PD-7 Ordinance; and,
3. The establishment, and subsequent operation or conduct of the use will not, because
of the circumstances and conditions applied in the particular case, be detrimental to
the health, safety, or welfare of the general public or persons residing or working in
the neighborhood of the use, or be detrimental or injurious to property or
improvements in the vicinity of the use; and,
4. That t he p roposed p roj ect o r u se w ill n of b e inconsistent w ith t he c haracter o r t he
immediate neighborhood or contrary to its orderly development; and,
5. That the proposed use or project will not generate a volume of traffic beyond the safe
capacity of all roads providing access to the project, either existing or to be improved
in conjunction with the project, or beyond the normal traffic volume of the
surrounding neighborhood that would result from full development in accordance
with the Land Use Element.
SECTION 2. Approval. The City Council of the City of Atascadero, in a regular
session assembled on June 22, 2004, resolved to approve Amendment to Conditional Use Permit
2001-0047, A Master Plan of Development for Zone Change 2003-0075 subject to the following:
1. EXHIBIT A: CONDITIONS OF APPROVAL
2. EXHIBIT B: SITE PLAN AND TENTATIVE MAP
3. EXHIBIT C: STATISTICAL SUMMARY OF PROJECT
4. EXHIBIT D: ELEVATIONS
5. EXHIBIT E: COLOR AND MATERIALS
6. EXHIBIT F: FLOOR PLANS
City of Atascadero
Resolution No. 2004-054
Page 3 of 10
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, Scalise and Mayor Luna
NOES: Council Member Pacas
ABSENT: None
ADOPTED: June 22, 2004
CITY OF ATASCADERO
. George Luna, Mayor
Attest:
NIL
Marcia McClure Torgerson, C.M.C., Cit Jerk
APPROVED AS TO FORM:
Roy A. Hanley, City Attorney
Thomas R. Gibson, Interim City Attorney (as of July 1 , 2004)
City of Atascadero
Resolution No. 2004-054
Page 4 of 10
EXHIBIT A:Conditions of Approval
Amendment to CUP 2001-0047: PD-7 Master Plan of Development
Conditions of Approval Timing Responsibility Mitigation
Amendment to CUP 2001-0047 /Monitoring Measure
PD-7 Overlay 7257 Parriza Ct. PS:Planning Services
BL:Business License BS:Building Services
GP:Grading Permit FD:Fire Deparbnent
BP:Building Pemtit PD:Police Department
Fl:Final Inspection CE:City Engineer
TO:Temporary Occupancy ww:wastewater
F0:Final Occupancy CA City Attorney
Planning Services
1. The approval of this use permit shall become final and PS
effective following the end of the referendum period for
General Plan Amendment 2003-0010 and Zone Change
2003-0075.
2. Approval of this Master Plan of Development shall be valid BP PS
concurrently with the life of Tentative Tract Map 2004-0053
and then indefinitely following final map. The Master Plan of
Development approval shall expire and become null and
void unless a final map is recorded consistent with the
Master Plan of Development.
3. The Community Development Department shall have the BP/FM PS
authority to a pprove m inor changes to the p roject that (1)
increase the intensity of the project by less than 10%,(2)
result in a superior site design or appearance, and/or (3)
address a construction design issue that is not substantive
to the Master Plan of Development. The Planning
Commission shall have the final authority to approve any
other changes to the Master Plan of Development and any
associated Tentative Maps.
4. All subsequent Tentative Tract Maps and construction BP/FM PS
permits shall be consistent with the Master Plan of
Development contained herein.
5. All exterior elevations, finish materials and colors shall be BP PS
consistent with the Master Plan of Development as shown in
Exhibits D and E, attached hereto, except, consistent with
PD 7 requirements,the garage shall be recessed 5 feet from
the front of the residential unit.
6. All site development shall be consistent with the maximum BP/FM PS
intensities described in the statistical project summary as
shown in Exhibit C,attached hereto.
7. All site work, grading and site improvements shall be BP/FM PS
consistent with the Master Plan of Development as shown in
Exhibit B,attached hereto.
8. Native oaks trees, not approved for removal, shall be BP PS
preserved and protected during construction consistent with
the Tree Protection Plan prepared for the project. All tree
City of Atascadero
Resolution No. 2004-054
Page 5 of 10
Conditions of Approval Timing Responsibility Mitigation
Amendment to CUP 2001-0047 /Monitoring Measure
PD-7 Overlay 7257 Parriza Ct. PS:Planning Services
BL:Business License BS:Building Services
GP:Grading Permit FD:Fire Deparhnent
BP:Building Permit PD:Police Depatrnent
FI:Final Inspection CE:City Engineer
TO:Temporary Occupancy WW:Wastewater
F0:Final Occupancy CA City Allamey
protection shall be in place prior to the issuance of any
construction permits.
9. Prior to the issuance of grading or building and/or the GP PS
removal of any native trees, the Applicant shall pay the tree
mitigation fees as shown in Exhibit B of PC Resolution 2004-
0058.
10. A final landscape and irrigation plan shall be approved prior BP PS
to the issuance of building permits and included as part of
site improvement plan.All exterior meters,air conditioning
units and mechanical equipment shall be screened with
landscape material.
All landscaping beneath Oak trees shall be approved by the
arborist for compatibility with the tree.
11. One five-gallon native oak tree shall be planted on Lot 1. FO PS
12. Decorative boulders shall be integrated into the landscaping BP PS
along the driveway edges to discourage parking along the
driveways
13. All of the Parriza Court driveway shall be restored to its FO PS
original condition upon completion of construction activity on
Lot 1.
14. The private driveway for Lot 1 shall be incorporated into the GP/BP PS/FD
required fire department turnaround at the west end of
Parriza Court. The driveway design shall be reviewed and
approved by the Fire Department prior to issuance of
grading or building permits.
15. In accordance with City Council policy, prior to issuance of BP PS/BS
building permits, the developer shall pay an "inclusionary
affordable housing" in lieu fee equal to 5% of the
construction valuation of each market rate unit.
City of Atascadero
Resolution No. 2004-054
Page 6 of 10
EXHIBIT B:site Plan and Tentative Map
Amendment to CUP 2001-0047, PD-7 Master Plan of Development
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City of Aacd£o
Resolution No 2004-054
Page 7o10
EXHIBIT kkkc Summary ofProject
Amendment to CUP&e-«: PD-Masterma of Development
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City of Atascadero
Resolution No. 2004-054
Page 8 of 10
EXHIBIT D: Elevations and Color and materials
Amendment to CUP 2001-0047: PD-7 Master Plan of Development
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City of Atascadero
Resolution No. 2004-054
Page 9 of 10
EXHIBIT E:COLOR AND MATERIALS
Amendment to CUP 2001-0047: PD-7 Master Plan of Development
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Ntoon:lght White 2143-60 i
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Sweet Salmon 2167-66
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hforfzon Gray 2141-50
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City of Atascadero
Resolution No. 2004-054
Page 10 of 10
EXHIBIT F:FLOOR PLANS
Amendment to CUP 2001-0047: PD-7 Master Plan of Development
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Plan 1395