HomeMy WebLinkAboutOrdinance 580 CERTIFICATION
I, Marcia McClure Torgerson, C.M.C., City Clerk of the City of Atascadero, hereby
certify that the foregoing is a true and correct copy of Ordinance No. 580, adopted by the
Atascadero City Council at a regular meeting thereof held on May 13, 2014, and that it has been
Now duly published pursuant to State Law.
DATED:
Marcia McClure Torgerson,C.M.C.
City Clerk
City of Atascadero, California
imm
ORDINANCE NO. 580
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ATASCADERO, CALIFORNIA, AMENDING THE ATASCADERO
MUNICIPAL CODE, SPECIFICALLY SECTION 9-3.656 (PD-11) OF THE
ATASCADERO ZONING ORDINANCE
Zone Change 2014-0171
Oak Ridge Estates /3F Meadows
(Castlerock Development / KM Holdings)
The City Council hereby finds and declares as follows:
WHEREAS, an application has been received from K&M Holdings, 445 Green Gate
Road, San Luis Obispo, California 93401, (Applicant), to consider an amendment to Section 9-
3.656 (PD-11) of the Atascadero Zoning Ordinance pertaining to the off-site road improvement
requirements for the 3-F Meadows/Oak Ridge Estates housing development; and,
WHEREAS, the City Council directed City staff to process an amendment to PD-11
during a City Council meeting held on May 14, 2013; and,
WHEREAS, the PD-11 project area, also known as 3-F Meadows and Oak Ridge
Estates, is currently zoned Residential Suburban/PD-11 (RS /PD-11); and,
WHEREAS, a Final Environmental Impact Report (SCH 94061014) was certified by the
Atascadero City Council on February 28, 1995; and,
WHEREAS, an addendum to the Final Environmental Impact Report that analyzes the
proposed amendment to PD-11 has been prepared and reviewed by the Planning Commission;
and,
WHEREAS, the Planning Commission has determined that it is in the best interest of the
City to enact this amendment to the Atascadero Zoning Ordinance to protect the health, safety
and welfare of its citizens by applying orderly development of the City; 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 Zone
Change application was held by the Planning Commission of the City of Atascadero at which
*W hearing evidence, oral and documentary, was admitted on behalf of said Zoning Amendments;
and,
City of Atascadero
Ordinance No. 580
Page 2 of 12
WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed
taw Public Hearing held on April 1, 2014, studied and considered Zone Change 2014-0171, after first
studying and considering the Proposed Environmental Impact Report Addendum prepared for
the project, and,
WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone
Change application was held by the City Council of the City of Atascadero at which hearing
evidence, oral and documentary, was admitted on behalf of said Zoning Amendments; and,
WHEREAS,the City Council of the City of Atascadero, at a duly noticed Public Hearing
held on April 22, 2014, studied and considered Zone Change 2014-0171, after first studying and
considering the Proposed Environmental Impact Report Addendum prepared for the project and
the Planning Commission's recommendation, and,
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO
HEREBY RECOMMENDS THE FOLLOWING:
SECTION 1. Findings for Approval of an amendment to the Atascadero Zoning
Ordinance, amending portions of Section 9-3.656 (PD-11).
The City Council finds as follows:
1. The proposed amendment is consistent with the Atascadero General Plan; and,
2. The proposed amendment is consistent with the original intent of the PD-11 Zoning
Code; and,
3. The proposed amendment will not 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. The proposed amendments will not be inconsistent with the character or the immediate
neighborhood or contrary to its orderly development.
SECTION 2. Approval. The City Council of the City of Atascadero, in a regular
session assembled on April 22, 2014, resolved to introduce for first reading by title only, an
ordinance that would amend section 9-3.656 (PD-11) of the Atascadero Zoning Ordinance:
9-3.656 Establishment of Planned Development Overlay Zone No. 11: (PD11).
The Planned Development Overlay Zone No. 11 is established as shown on the official zoning maps
(Section 9-1.102 of this title). The conditions of development are established:
Conditions of Approval.
ow (a) Planning Division.
City of Atascadero
Ordinance No. 580
Page 3 of 12
(1) To ensure conformance with the provisions of the PD-11 Overlay Zone, a master plan of
development shall be prepared which satisfies all of the following conditions prior to the recordation of
low any final document implementing Lot Line Adjustment 94-005. The Master Development Plan shall
consist of the one(1) inch equals forty(40)feet plans entitled"Precise Road Alignment/Lot Grading
Plan,"amended and supplemented, as required by these conditions.
(2) A Mitigation Monitoring Program, prepared in conformance with the Mitigation Monitoring
Plan contained in the final EIR for this project, shall be prepared and implemented prior to the
commencement of any construction. Preparation of the Mitigation Monitoring Program shall be the
financial responsibility of the applicant.
(3) The applicant shall demonstrate,to the satisfaction of the City Attorney,that adequate title
and/or interest has been obtained for the existing Colony rights-of-way within the project boundary prior
to approval of the Master Development Plan.
(4) The Master Development Plan shall show the location of building envelopes, leach field areas,
and driveways for lots whose average slope exceeds thirty percent(30%). The building, leach field and
driveway locations shall be subject to the review and approval of the Community Development Director.
(5) Open space easements to provide wildlife corridors shall be provided in conformance with the
recommendations of the Final EIR. Limits on fencing and other detrimental uses within easement areas
shall be restricted by the project CC and R's. The location of the easements and CC and R restrictions
shall be subject to the review and approval of the Community Development Director.
(6) The"Open Space"lots(Lots A, B and C)as shown on Exhibit B shall be offered for dedication
to the City.
vrr (7) Road Abandonment 94-001 shall be completed and all necessary documents shall be recorded
prior to, or simultaneously with the recordation of any final document(s) implementing LLA 94-005.
(8) Retaining walls shall be used wherever feasible to reduce the amount of grading necessary for
the construction of roads and homes. Grading plans shall be reviewed by the City Engineer and
Community Development Director to ensure that proposed grading does not exceed that necessary to
develop the site.
(9) Road maintenance agreements, in a form approved by the City Attorney, shall be prepared and
recorded for each group of lots which share a driveway or other common access. The agreements may be
made a part of the CC and R's, or may be recorded as deed restrictions, or may be recorded as separate
road maintenance agreements.
(10) The applicant shall prepare a Comprehensive Restoration Plan (CRP)as part of the road
improvement plans. The CRP shall be prepared by a qualified professional and shall address plant lists,
planting methods(to include slope preparation, mulching and slope protection), and a maintenance
program, including weed control and irrigation. The CRP shall be reviewed and approved by the City
Engineer and Community Development Director prior to the issuance of permits for road construction.
(11) The lot line adjustment shall not result in the establishment of any greater number of lots that
are nonconforming due to lot size than currently exists. The lot line adjustment shall not result in the
establishment of any lot which is smaller than the smallest currently existing Colony lot within the subject
site.
(b) Fire Department.
am (1) Water Supply.
City of Atascadero
Ordinance No. 580
Page 4 of 12
(i) Prior to final occupancy release by the City,the minimum required fire flow shall be one
thousand(1000)gallons per minute at twenty(20)psi residual pressure for a one-hundred-twenty(120)
too minute duration in residential development, or as approved by the Fire Chief. The required fire flow will
increase, as provided in UFC Appendix III-A, based on square feet of residential construction,with a fifty
percent(50%)fire flow credit for automatic sprinkler systems.
Verification must be provided from water company or fire department records in established areas or
by a proof of design test at the completion of new on-site water main construction. Homes designated
strictly as model homes and/or sales offices, but with no residential occupancy, shall be granted
exemption from the required fire flow as approved by the Fire Chief.
(ii) Underground fire service mains and appurtenances shall conform to NFPA 24 minimum
standard and plans are reviewed by the Fire Department prior to installation. The underground main size
shall be a minimum of eight(8) inch diameter.
If combustible building materials are used, a temporary onsite water tank with an approved Fire
Department connection shall be installed prior to any stockpiling or installing any combustible materials.
(iii) Fire Hydrants. The minimum number and distribution of fire hydrants is one(1)hydrant every
five hundred(500)feet as provided in UFC Appendix III-B. The fire hydrant will be Atascadero Mutual
Water Company specification with one four and one-half(4'/2) inch and one or more two and one-half
(2'/z) inch outlets. Existing hydrants may be adequate, provided they consist of a minimum of one four
and one-half(4'/2)inch and one two and one-half(2'/z) inch outlet.
New hydrant color will be Safety Yellow for public right-of-way and Safety Red for private right-of-
way. All hydrants in the public right-of-way to have"Blue Dot"highway reflector installed on the
adjacent street of driveway to clearly identify the fire hydrant location.
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(iv) The dwellings shall be equipped with a residential automatic fire sprinkler system. The
sprinkler system will be designed and installed according to NFPA Pamphlet No. l 3D. The fire
department requires a minimum one(1)inch water meter for residential sprinkler systems.
(2) Fire Apparatus Access.
(i) If combustible construction materials are used, all required public access roadways shall be
completed to a minimum width of twenty(20)feet, or as described in subsections(a.)and(b.)below,
capable of supporting forty thousand(40,000)pounds, with an all-weather surface,to within one hundred
fifty(150)feet of all stockpiles and all sides of buildings with combustible construction. The access
roadways to be posted"No Stopping/Fire Lane"and shall not be used for the storage of materials.
Proposed private roads, driveways or extensions of existing roads shall be designed and constructed as
follows:
a. Single-family residential access road. A vehicular access to more than one parcel or vehicular
access to a single parcel with more than two(2)buildings or more than three(3) dwelling units shall be
twelve(12)feet width for one-way traffic and sixteen(16) feet width for two-way traffic. The road shall
also provide for a ten(10)foot fuel modification area on each side.
b. Driveway. A vehicular access to a single parcel with one(1)or two(2)buildings,having no
more than three(3)dwelling units on a single parcel and any number of accessory buildings.
iwr
City of Atascadero
Ordinance No. 580
Page 5 of 12
Length Required Width
0-49 feet 12 feet
50-99 feet 14 feet
Greater than 16 feet
200 feet (Note 1 and Note 2)
NOTE:
1. For driveways exceeding three hundred(300) feet,turnaround shall be provided at the building
site and must be within fifty(50)feet of the dwelling.
2. For driveway exceeding eight hundred(800)feet, a turnout shall be provided at the midpoint or
every four hundred(400)feet.
(ii) Fire apparatus access roads shall have an unobstructed vertical clearance of not less than
thirteen(13)feet and six(6) inches. Driveways shall have not less than fifteen (15)feet of vertical
clearance.
(iii) Fire apparatus access roads and driveways shall be designed and maintained to support the
imposed loads of forty thousand(40,000)pounds at twenty-five(25)miles per hour, and shall be
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provided with a surface so as to provide all-weather driving capabilities.
(iv) The turning radius of a fire apparatus access road shall have a horizontal inside radius curvature
of not less than twenty-eight(28)feet inside radius and forty-eight(48)feet outside radius.
(v) All dead-end fire apparatus access roads in excess of one hundred fifty(150)feet in length shall
be provided with approved provisions for turning around of fire apparatus. The bulb or cul-de-sac radius
shall not be less than forty(40)feet.The hammer-head T shall extend a minimum of thirty(30)feet to each
side of the centerline of the entry road and be eighteen(18)feet wide. The turnaround shall extend forty
(40)feet from the entry road and be a minimum of eighteen (18)feet wide. Where parcels are zoned five
(5)acres or larger,turnarounds shall be provided at intervals of approximately one thousand three
hundred twenty(1,320)feet, or as approved by the Fire Chief. Each dead-end road shall have a
turnaround constructed at its terminus.
(vi) The minimum level of improvement is determined by the grade of the access road or driveway
providing access from the road to the building site or parking area as follows(UFC 10.204):
Surface Minimum Grade
All-Weather Less than 12 percent
Nonskid(Note 1) 12 percent to 16 percent
err Nonskid(Note 2) Over 16 percent
City of Atascadero
Ordinance No. 580
Page 6 of 12
Note 1. Surface shall be asphalt or concrete in the City of Atascadero Engineering Standard Specifications
irr. and Drawings including a nonskid finish (brushed concrete or equivalent pavement).
Note 2. A driveway/access road that would provide a grade greater than sixteen percent(16%)and less
than twenty percent(20%)and is designed by a Registered Civil Engineer may be considered on a case-
by-case basis by the Fire Chief.
(vii) The maximum length of dead-end road, including all dead-end roads accessed from the dead-
end roads, shall use the following cumulative lengths as a guideline for approval by the Fire Chief,
regardless of the number of parcels served:
Parcels less than 1 acre 800 feet
Parcels I ac.to 4.66 ac. 1320 feet
Parcels 5 ac.to 19.99 ac. 2640 feet
Parcels 20+ac. 5290 feet
All lengths shall be measured from the edge of the roadway surface at the intersection that begins
from the road to the end of the dead-end road surface at its farthest point. Where a dead-end road crosses
areas of differing zones,the shortest allowable length shall apply.
(3) Fuel Management. All parcels shall comply with the fire department's wildland fuel
management program. The hazardous vegetation that the program is concerned with is seasonal and
recurrent in nature. Therefore,the operation of the program is planned on a continuous annual basis.
(c) Engineering Division.
(1) Road Improvements—General.
(i) All road improvements shall be constructed in accordance with the City Engineering
Department Standard Specifications and Drawings or as directed by the City Engineer.
(ii) An encroachment permit shall be obtained from the City Engineering Department prior to the
start of construction. The applicant shall enter into a Plan Check/Inspection agreement with the City.
(iii)Road improvement plans prepared by a registered civil engineer shall be submitted for review
and approval by the City Engineer prior to approval of the Master Development Plan.
Road improvement plans shall conform to the requirements of the City Standard Specifications, Section
2—Preparation of Plans. R-value testing shall be done, and pavement sections designed by a registered
civil engineer to the satisfaction of the City Engineer.
(2) Road Improvements—On-Site.
(i) The following roads shall be fully improved to a Rural Hillside Collection Section (City Std.
404), or as approved by the City Engineer prior to the issuance of building permits. The structural section
shall be based on a T.I. = 5.0.
am a. San Marcos Road from the project boundary to the intersection of Cenegal Road(prior to Phase
1);
City of Atascadero
Ordinance No. 580
Page 7 of 12
b. Cenegal Road from the project boundary to the intersection of San Marcos Road(prior to Phase
II);
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(ii) All other roads within the project boundary shall be fully improved to a Rural Hillside Local
Section(City Std. 402), or as approved by the City Engineer prior to the issuance of building permits. The
structural section shall be based on a T.I. =4.0.
(iii)The minimum right-of-way width for all on-site roads shall be fifty(50)feet.
(iv)All cul-de-sacs shall meet the requirements of City Standard 415,Typical Cul-de-Sac for rural
areas with an unobstructed turning radius of forty (40)feet and a paved radius of thirty-four(34)feet, or
as approved by the City Fire Marshal. Areas not paved within the forty(40)foot unobstructed turning
radius shall be designed and maintained to support imposed loads of forty thousand(40,000)pounds at
twenty-five(25)miles per hour and shall be provided with a surface which provides for all weather
driving capabilities.
(v) Slope easements shall be provided on each side of the right-of-way as needed to accommodate
cut slopes, fill slopes and/or retaining structures.
(vi)Curve widening shall be constructed on all on-site roads in conformance with Section 4,
Paragraph F of the City Standard Specifications, or as approved by the City Engineer.
(vii)On-site road alignments shall be designed such that all existing streets,roads and alleys outside
the project boundary,which intersect the project boundary, are provided with, and capable of obtaining,
access from the on-site roads. Road alignments outside the project boundary, which intersect the project
boundary, shall be clearly shown on the improvement plans.
(viii)The applicant shall install all necessary street name and traffic signs as well as all necessary
err traffic striping and markings as required by the City Engineer.
(ix)The applicant shall offer to dedicate all road rights-of-way for on-site roads to the City. The
irrevocable offer of dedication shall be filed prior to, or simultaneously with,the recordation of any final
document implementing Lot Line Adjustment 94-005.
(3) Road Improvements—Off-Site.
(i) Curve widening shall be constructed on Los Altos Road from Highway 41 to San Marcos Road
where curve radii is less than two hundred(200) feet. Curve widening shall be constructed in
conformance with Section 4, Paragraph F of the City Standard Specifications, or as approved by the City
Engineer. Plans for the curve widening shall be submitted for review and approval by the City Engineer
prior to the approval of the Master Development Plan.
The curve widening on Los Altos Road shall be constructed when the ADT on Los Altos Road
reaches five hundred(500)vehicles per day,with the development of the twenty-seventh lot in Phase 1,
or within three(3)years of the issuance of building permits for Phase 1, whichever is earlier.
(ii) A"Stop" sign and stop bar shall be constructed at the intersection of Los Altos Road and San
Marcos Road and shall be constructed with the development of Phase 1 of the project and prior to the
issuance of building permits.
(iii) San Marcos Road between Los Altos Road and the project boundary shall be improved
preparatory to acceptance of this portion of road into the City maintained system.
Curve widening shall be constructed where curve radii is less than two hundred (200)feet. Curve
w widening shall be constructed in conformance with Section 4, Paragraph F of the City Standard
Specifications,or as approved by the City Engineer. Improvement plans for the curve widening shall be
City of Atascadero
Ordinance No. 580
Page 8 of 12
submitted for review and approval by the City Engineer prior to approval of the Master Development
Plan.
err San Marcos Road between Los Altos Road and the project boundary shall be improved prior to the
development of Phase 1 of the project and prior to the issuance of building permits.
(iv)The applicant shall enter into a maintenance agreement with the City for the portion of San
Marcos Road between Los Altos Road and the project boundary. The agreement shall guarantee that
damage to the road which results from construction traffic generated by the development of the project is
properly repaired. The agreement shall be reviewed and approved by the City Engineer and the City
Attorney. The agreement shall remain in-force throughout construction of Phase 1 and Phase 2 of the
project.
A maintenance security in a form acceptable to the City Attorney and the City Engineer shall be
posted for the portion of San Marcos Road between Los Altos Road and the project boundary. The
maintenance security shall remain effective until final acceptance of both Phase 1 and Phase 2 of the
project.
(v) The existing left-turn lane on State Highway 41 for eastbound traffic entering Los Altos Road
shall be brought into conformance with current Caltrans Design Standards.New left-turn lane
improvements shall be constructed on State Highway 41 for eastbound traffic entering the driveway
serving lots 109-112. Prior to the issuance of any additional building permits for housing units after the
year 2013;the Applicant shall provide the City with updated financial assurance mechanisms for the left-
turn lane improvements at Los Altos Road.
Timing: (Los Altos Road)The improvements necessary to bring the existing left-turn lane on
State Highway 41 for eastbound traffic entering Los Altos Road into conformance with current
am Caltrans Design Standards shall be constructed within three(3)years of the effective date of the
ordinance amendment or prior to the issuance of the 52nd housing unit building permit,
whichever occurs first. No additional housing unit building permits will be issued if either of the
preceding timing requirements is triggered.
(Lots 109-112)The new left-turn lane improvements for eastbound traffic on State highway 41
entering the driveways accessing Lots 109-112 shall be constructed prior to the issuance of the
first housing unit building for with the development of any portion of Lots 109-112, unless
Caltrans modifies or eliminates the left-turn lane requirements for the driveway accessing Lots
109-112.
(vi) The existing residential driveway approach serving lots 109-112 shall be brought up to current
Caltrans Design Standards.
Timing: Prior to the issuance of the first housing unit building permit for any portion of Lots 109-
112.
(vii) Applicable sight distance improvements in accordance with current Caltrans Design Standards shall
be constructed at the intersection of Los Altos Road and State Highway 41, and at the intersection of the
driveway serving Lots 109-112 and State Highway 41. Improvement plans for the sight distance
improvements shall be submitted for review and approval by Caltrans and the City Engineer.
aw Timing: Interim sight distance improvements for the current configuration of the Highway 41
and Lost Altos Road intersection shall be completed within six months of the effective date of
City of Atascadero
Ordinance No. 580
Page 9 of 12
this ordinance amendment. Ongoing interim sight distance maintenance shall be completed by
September 15`h each year thereafter and until the final intersection improvements are completed
and accepted by Caltrans. Interim sight distance improvements and ongoing interim maintenance
shall be completed as permitted by Caltrans and relevant permitting agencies and subject to the
City Engineer's verification. The City Engineer may stop issuance of building permits for
housing units if the sight distance maintenance is not conducted.
Final sight distance improvements for the Highway 41 and Los Altos Road intersection shall be
constructed together with the final intersection improvements within three(3)years of the
effective date of this ordinance amendment or prior to the issuance of building permits for the
52"d housing unit,whichever occurs first.No additional housing unit building permits will be
issued if either of the preceding timing requirements is triggered.
The sight distance improvements for the driveways accessing Lots 109-112 shall be constructed
prior to the issuance of the first housing unit permit for any portion of Lots 109-112.
(viii)Advisory and warning signage shall be installed along State Highway 41 to advise drivers of the
approaching intersection with Los Altos Road and the driveway serving Lots 109-112. Signage shall be
designed and installed to comply with, and as allowed by, Caltrans Standards. Improvement plans for the
interim and final advisory and warning signage shall be submitted for review and approval by Caltrans
and the City Engineer. Prior to the issuance of any additional housing unit building permits after the year
2013;the applicant shall provide updated financial assurance mechanisms for the final advisory and
warning signage improvements.
Timing: interim advisory and warning signage improvements for Los Altos road shall be
Um constructed within six months of the effective date of this ordinance amendment. No additional
building permits for housing units will be issued after six months of the effective date of this
ordinance amendment, if the preceding timing requirement is not satisfied, unless the City
Engineer and Community Development Director grant a time extension. Time extension requests
will only be considered for delays that are outside of the applicant's control. Final advisory and
warning signage improvements shall be constructed within three(3)years of the effective date of
this ordinance amendment or prior to the issuance of building permits for the 52"d housing unit,
whichever occurs first.No additional housing unit building permits will be issued if either of the
preceding timing requirements is triggered.
The advisory and warning signage improvements for the driveways accessing Lots 109-112 shall
be constructed prior to the issuance of the first housing unit permit for of any portion of Lots 109-
112.
(ix) A right-turn taper in compliance with the Caltrans Highway Design Manual, Chapter 400,
Intersections at Grade, Figure 405.7, or as directed by Caltrans, shall be constructed on State Highway 41
for westbound traffic entering Los Altos Road. Improvement plans for the right-turn taper shall be
submitted for review and approval by Caltrans and the City Engineer. Prior to the issuance of any
additional housing unit building permits after the year 2013;the applicant shall provide updated financial
assurance mechanisms for the right turn taper.
Timing: A right-turn taper, in compliance with the California Caltrans Highway Design Manual,
Chapter 400 Intersections at Grade, Figure 405.7,or as directed by Caltrans, for Los Altos Road
shall be constructed within three(3)years of the effective date of this ordinance amendment or
City of Atascadero
Ordinance No. 580
Page 10 of 12
prior to the issuance of building permits for the 52"d housing unit, whichever occurs first.No
additional housing unit building permits will be issued if either of the preceding timing
requirements is triggered.
(x) Curve widening shall be constructed on the following roads where curve radii is less than two
hundred(200)feet. Curve widening shall be constructed in conformance with Section 4, Paragraph F of
the City Standard Specifications, or as approved by the City Engineer. Plans for the curve widening shall
be submitted for review and approval by the City Engineer prior to the approval of the Master
Development Plan.
a. Laurel Avenue from Santa Lucia Road to Cenegal Road.
b. Cenegal Road from Laurel Avenue to the project boundary.
The curve widening shall be constructed when the ADT on Laurel Avenue reaches five hundred
(500)vehicles per day, with the development of the thirty-eighth lot in Phase 2, or within three(3)years
of the issuance of building permits for Phase 2,whichever is earlier.
(xi)A three-foot wide Class II base or other all weather surface walkway shall be provided along one
side Cenegal Road from the project boundary to Laurel Avenue and along Laurel Avenue from Cenegal
Road to Santa Lucia Road, or as approved by the City Engineer. Improvement plans for the walkways
shall be submitted for review and approval by the City Engineer and Community Development Director
prior to approval of the Master Development Plan.
The three-foot-wide pedestrian walkway shall be constructed when the ADT on Laurel Avenue
reaches five hundred(500)vehicles per day, with the development of the thirty-eighth lot in Phase 2, or
wr within three(3)years of the issuance of building permits for Phase 2, whichever is earlier.
(4) Drainage.
(i) All drainage improvements shall be constructed in accordance with the City Engineering
Department Standard Specifications and Drawings or as directed by the City Engineer.
(ii) A grading and drainage plan for each lot,prepared by a registered civil engineer, shall be
submitted for review and approval by the City Engineer prior to the issuance of building permits. A
registered civil engineer shall provide a written statement that all work has been completed and is in full
compliance with the approved plans and the Uniform Building Code (UBC).
(iii) An erosion control plan addressing interim erosion control measures to be used during the
construction shall be submitted for review and approval by the City Engineer. Erosion control measures
shall be in-place between October 1 st and April l st.
Prior to issuance of Grading Permits, and if required under the Clean Water Act(CWA),the
applicant shall obtain the necessary permits in compliance with the requirements of the National Pollutant
Discharge Elimination System(NPDES).
(5) Utilities.
(i) All relocation and/or alteration of existing utilities shall be the responsibility of the applicant.
(ii) The applicant shall submit a composite utility plan signed and approved by a representative for
each public utility company along with the improvement plans.
(iii)The applicant shall install all new utilities(water, gas, electric, cable TV and telephone)
am underground. Fire hydrants shall be installed at locations as required by the City Fire Marshal. Utilities
shall be extended to the property line frontage of each parcel or its public utility easement.
City of Atascadero
Ordinance No. 580
Page 11 of 12
(iv)Any utility trenching in existing streets shall be overlayed to restore a smooth riding surface to
the satisfaction of the City Engineer.
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(6) General.
(i) A Preliminary Soils Report shall be prepared for the property to determine the presence of
expansive soil or other soil problems and shall make recommendations regarding grading of the proposed
site. A final soils report shall be submitted by the soils engineer prior to the final inspection and shall
certify that all grading was inspected and approved and that all work done is in accordance with the plans
and the preliminary report.
(ii) All improvements shall be covered with a one hundred percent(100%)Performance Guarantee
and a fifty percent(50%)Labor and Materials Guarantee until the improvements are deemed substantially
complete by the City Engineer. Prior to the final inspection of the improvements, and before the other
guarantees mentioned in this condition are released,a ten(10)percent Maintenance Guarantee shall be
posted to cover the improvements for a period of one year from the date of the final inspection.The
guarantee amounts shall be based on an engineer's estimate submitted by the project engineer and
approved by the City Engineer. The guarantees posted for this project shall be approved by the City
Attorney.
(iii) A mylar copy and a blue line print of as-built improvement plans, signed by the registered
engineer who prepared the plans, shall be provided to the City Engineer prior to the final inspection.
(iv) The applicant shall acquire title or interest in any off-site land that may be required to allow for
the construction of the improvements.The applicant shall bear all costs associated with the necessary
acquisitions.
(v) All improvements shall be completed or bonded for prior to the approval of the Master
Development Plan. If the improvements are to be bonded,the applicant shall enter into a Performance
Agreement with the City. The form and content of the Performance Agreement shall be reviewed and
approved by the City Engineer and City Attorney. (Ord. 409 § 3, 2003; Ord. 286 § 3 Exh. C, 1995)
was
City of Atascadero
Ordinance No. 580
Page 12 of 12
INTRODUCED at a regular meeting of the City Council held on April 22, 2014, and
PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on
May 13, 2014, by the following roll call vote:
AYES: Council Members Fonzi, Kelley, Moreno, Mayor Pro Tem Sturtevant and
Mayor O'Malley
NOES: None
ABSTAIN: None
ABSENT: None
Cl Y OF ATASCADERO
By:
Tom O'Malley,
ATTEST:
Wow Marcia McClure Forge on, C.M.C.,
City Clerk
APPROVED AS TO FORM:
Brian A. Pieri , City Attorney