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HomeMy WebLinkAboutResolution 1999-025 RESOLUTION NO. 1999-025 A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO UPHOLDING THE PLANNING COMMISSION'S ACTION, THEREBY APPROVING A TENTATIVE PARCEL MAP TO DIVIDE ONE RESIDENTIAL LOT AT 5190 AGUILA ROAD INTO THREE PARCELS (TPM 998010 (AT 98-104); Jones) WHEREAS, Eileen and Grenville Jones requested approval of a tentative parcel map to subdivide a 5.70-acre site at 5190 Aguila Road into three single-family residential lots; and WHEREAS, the site is zoned Residential Single Family (RSF-Z), allowing the type of use and density proposed; WHEREAS, the proposed project is in conformance with the Land Use Element of the General Plan and all other applicable General Plan policies; and WHEREAS, the proposed project, as conditioned, is consistent with the Zoning Ordinance, Subdivision Ordinance and all other applicable codes, ordinances and standards; and WHEREAS, the Planning Commission conducted a public hearing on the tentative tract map application on April 6, 1999 and approved the request; and clarified conditions on April 20, 1999; and WHEREAS, Council Member George Luna appealed that decision to the City Council; and WHEREAS, the City Council conducted a public hearing on the appeal of the tentative tract map approval on May 11, 1999 and accepted testimony, both written and oral, on the subdivision proposal. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Atascadero, in a regular session assembled on May 11, 1999, upheld the Planning Commission's action, thereby approving a tentative parcel map to divide one residential lot at 5190 Aguila Road into three parcels: SECTION 1. Negative Declaration with Mitigation. The City Council finds that the proposed project, as conditioned and with mitigation, will not have potentially significant environmental effects. The Negative Declaration with Mitigation prepared for the project complies with the requirements of the California Environmental Quality Act (CEQA) and is hereby approved as adequate. City of Atascadero Resolution No. 1999-025 Page 2 of 3 SECTION 2. Finding for approval of a road width exception. The City Council makes the following finding: 1. An exception to the street width requirement is justified because the finish grades of the project site and adjoining street are incompatible for the purpose of accommodating the full street improvements required by Section 9-4.159 and 9-4.160 of the Zoning Regulations and shown in Engineering Standard 402 (Rural Hillside Local). SECTION 3. Findings for approval of subdivision. The City Council hereby makes the following findings: 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 site is physically suitable for the type and density of development proposed. 4. 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. 5. 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. 6. The proposed subdivision design and type of improvements proposed will not cause serious public health problems. SECTION 3. Approval. The City Council hereby upholds the action of the Planning Commission, thereby approving Tentative Parcel Map #98010, as shown on Exhibit A subject to the conditions in Exhibit B. On motion by Council Member Lerno and seconded by Mayor Johnson, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: Council Members Arrambide, Clay, Lerno and Mayor Johnson NOES: Council Member Luna ABSENT: None City of Atascadero Resolution No. 1999-025 Page 3 of 3 ADOPTED: May 11, 1999 ClT SC ERO, CA Ray lohnpn, ayor ATTEST: Marcia McClure Torgerson, City Cl k APPROVED AS TO FORM: 0 Roy lanley, City Atto y a _e nr•ur va�r �� � r. �Xhf f7ff"�C Tentative Parcel Map zERti', CAD Tentative Parcel Map 98010 5190 Aguila Avenue . 1 II /i/ /i'/ /�� /TV \\ •\` \ Vii.ikr%// Py\ r..mm \AW Wili ,��:j it %�• '� •Y if' /� -Z, \ ✓.. T a EXHIBIT B Resolution No. 1999-025 Conditions for Tentative Parcel Map#98010 City Council approval May 11, 1999 CONDITIONS Engineering Division: 1. All public road and drainage improvements shall be constructed in conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings, except as noted in condition no. 7,below, to the satisfaction of the City Engineer. 2. The applicant shall enter into a Plan Check/Inspection agreement with the City. Prior to recordation of the parcel map, all outstanding plan check/inspection fees shall be paid. 3.. An encroachment permit for work within the Aguila Avenue right-of-way shall be obtained from the City Engineering Department prior to the issuance of building permits. 4. The applicant shall provide a six-foot wide public utility easement along the entire property frontage. 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. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 6. 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 recordation of the parcel map. 7. The applicant shall submit road improvement plans prepared by a registered civil engineer for review and approval by the City Engineer prior to recordation of the parcel map. Road improvement plans shall conform to the requirements of 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: The Aguila Avenue frontage shall be improved with two inches of asphalt paving constructed on four inches of Class II base along the frontage of the subject property, to the satisfaction of the City Engineer. Aguila Avenue will be paved a minimum of 18' wide, as approved by the City Engineer, from the new driveway(that serves Parcels 2 & 3) southerly to join the existing paving. The improvements shall be extended as required to provide a smooth transition to existing improvements. - Exhibit B Conditions TPM 98010: 5190 Aguila Avenue Page 2 8. 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. 9. The applicant shall provide notice either on the parcel map or by a separate instrument recorded on, concurrently with, or prior to the recordation of the parcel map that there are requirements for off-site and on-site improvements and that construction of the improvements shall be required prior to issuance of building permits or other grants of approval for development of the parcels. 10. 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. 11. The applicant shall submit written certification that all survey monuments have been set as shown on the parcel map prior to the final inspection. 12 A Mylar copy and a blue line print of the 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. 13. The applicant shall have the parcel 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 parcel map. The letter shall identify any new easements which may be required by the utility company.New easements shall be shown on the parcel map. Letters from utility companies shall be submitted to the City prior to recordation of the parcel map. 14. A parcel 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 in conformance with the Subdivision Map Act and the City's Subdivision Ordinance prior to recordation. The map shall be signed by the City Engineer prior to its being placed on the agenda for City Council acceptance. A. Monuments shall be set at all new property corners created and a registered civil engineer or licensed land surveyor shall indicate,by certificate on the parcel 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. r .. s. Exhibit B Conditions TPM 98010: 5190 Aguila Avenue Page 3 B. A preliminary subdivision guarantee shall be submitted for review and approval by the City Engineer prior to recordation of the parcel map. 15. A black line clear Mylar(0.4 mil)copy.and a blue line print of the tract map shall be provided to the City upon recordation. Planning: 16. Proposals for homes on the new parcels are subject to Precise Plan review. Particular attention shall be given to the placement of the homes,with the object of conforming the buildings to the natural terrain and blending in materials and colors with the.surrounding natural environment. Grading shall be limited to that necessary to place the homes on the site and provide small yard areas.