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HomeMy WebLinkAboutResolution 1998-048 RESOLUTION NO. 1998-048 A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO APPROVING VARIANCE #98004 TO ALLOW AN EXCEPTION TO THE ZONING ORDINANCE WITH RESPECT TO MINIMITE SITE AREA, SETBACKS AND WASTE DISPOSAL REQUIREMENTS IN A RV PARK (Lots 24 & 25,Block UA,Atascadero Colony: Gearhart) WHEREAS,the applicant has filed the subject Variance application to allow for the orderly expansion of the existing RV Park located at 5000 Marchant Avenue; and WHEREAS,the Variance application would allow exceptions to Zoning Ordinance requirements relative to minimum site area, waste disposal and setbacks; and WHEREAS,the Planning Commission of the City of Atascadero, at a regularly scheduled public hearing held October 20, 1998, voted to recommend approval of the subject Variance application; and WHEREAS, the City Council has determined that it is in the best interest of the City to approve these applications 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 local guidelines implementing the California Environmental Quality Act(CEQA), have been adhered to; and WHEREAS,the project does not have the potential to cause significant adverse effects on the environment; the Negative Declaration prepared for the project is therefore adequate; and WHEREAS, a timely and properly noticed public hearing on Variance#98004 was held by the City Council of the City of Atascadero on November 10, 1998 at which hearing evidence, oral and documentary, was admitted on behalf of said applications and WHEREAS, the City Council of the City of Atascadero finds as follows: 1. The Variance does not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zoning district in which such property is situated. 2. There are special circumstances applicable to the property, including size, shape, topography, location, or surroundings, and because of these circumstances, the strict application of the Zoning Ordinance would deprive the property of privileges enjoyed by other property in the vicinity and in the same zoning district. Resolution No. 1998-048 Page 2 3. The Variance does not authorize a use which is not otherwise authorized in the zoning district. 4. The granting of such Variance does not, under the circumstances and conditions applied in the particular case, adversely affect the health or safety or persons, is not materially detrimental to the public welfare, nor injurious to nearby property or improvements. NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves the subject Variance application as shown in Exhibit A hereto and subject to the Conditions of Approval contained in Exhibit B hereto. On motion by Council Member Clay and seconded by Mayor Pro Tem Johnson, the foregoing resolution is hereby adopted in its entirety by the following role call vote: AYES: Council Members Clay, Johnson, and Mayor Carden NOES: Council Member Luna ABSENT: Council Member Lerno abstained ADOPTED: November 10, 1998 CITY OF ATASCADERO, CA q 9 7 f / /Harold L. Carden III, Mayor ATTEST: Marcia McClure Torgerson, City Cl4rk APPROVED AS TO FORM: �k5 �" ---- Roy . Hanley, City)rorney ii s ra 19 Exhibit A �p Resolution No. 1998-048 i.i Ct v. r ' //. J/(�( •rti �` moo.• •J a s �p < / 00011'7 EXHIBIT B Resolution No. 1998-048 Conditions of Approval for Variance#98004 CONDITIONS OF APPROVAL: 1. This Variance approval is for RV Park expansion only. All development shall conform to the Master Plan of Development shown in Attachment B hereto and the provisions of Planned Development Overlay Zone No. 10. Any modifications of the project shall be approved by the Community Development Department; substantial modifications shall be considered Zone Changes and shall require approval by both the Planning Commission and City Council. 2. All public improvements shall be constructed in conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 3. The applicant shall enter into a Plan Check/Inspection agreement with the City. The applicant shall pay all outstanding plan check/inspection fees prior to the final inspection. 4. The applicant shall obtain an encroachment permit prior to the issuance of building permits. 5. The applicant shall be responsible for the relocation and/or alteration of existing utilities. All new utilities (water, gas, electric, cable TV,telephone, etc.) shall be installed underground or as approved by the Community Development Director. The applicant shall extend all utilities to the property frontage or to the public utility easement. 6. The applicant shall construct all drainage facilities in conformance with the City Standard Specifications. 7. The applicant shall submit a grading and drainage plan, prepared by a registered civil engineer, for review and approval by the City Engineer prior to the issuance of building permits. 8. The applicant shall show both the pre-developed and post-developed 100-year limits of inundation on the grading and drainage plan. The applicant shall submit the drainage calculations required to demonstrate that the finish floor elevations of all proposed structures are at least one foot above the base flood elevation. The drainage calculations shall be submitted for review and approval by the City Engineer prior to the issuance of a building permit. The drainage calculations shall be prepared by a registered civil engineer. 9. The applicant shall secure all public improvements or improvements in the public right- of-way with a 100%performance guarantee and a 50% labor&materials guarantee prior to issuance of an encroachment permit. Prior to the final inspection, the applicant shall post a 10%maintenance guarantee to cover the improvements for a period of 1 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 estimate shall be based on City standard unit prices. The securities posted for this project shall be approved by the City Attorney. The performance and labor& materials securities will be release by the City 35 days from the date a Notice of Completion is filed with the County and upon posting of the 10%maintenance guarantee. 10. The applicant shall submit road improvement plans prepared by a registered civil engineer for review and approval by the City Engineer. 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 the pavement section designed by a registered civil engineer to the satisfaction of the City Engineer. Road improvements shall include, but not be limited to the following: A. The applicant shall improve Tecorida Avenue, as required by the City Engineer and Community Development Director, from Marchant Avenue to the southerly property boundary. Improvements shall be in conformance with the Native Tree Ordinance to minimize tree removals along Tecorida Avenue. Improvements shall provide minimum City Standards for Fire Access. B. Offers of dedication shall be provided for all public improvements constructed outside of existing rights-of-way. Offers of dedication shall be recorded prior to the final inspection. C. The applicant shall construct the improvements necessary to eliminate the ponding of storm water on the easterly side of Alcantara Avenue near the northeasterly property corner. 11. The applicant shall monument all property corners for construction control and shall promptly replace them if disturbed. 12. 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. The applicant shall also gain concurrence from all adjacent property owners whose ingress or egress is affected by these improvements. 13. The applicant shall provide public utility easements for all utilities which are to be relocated outside of the existing rights-of-way. Recorded copies of the easements shall be submitted to the City Engineer prior to the final inspection 14. 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 and the Uniform Building Code (UBC)prior to the final inspection. 15. 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. A certification shall be included that all survey monuments have been set as shown on the parcel map. 16. The California Department of Fish and Game shall review and approve plans prior to the issuance of building permits. 17. No common dumping facility may be provided for use on site.