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HomeMy WebLinkAboutResolution 1999-038 RESOLUTION NO. 1999-038 A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO APPROVING TENTATIVE TRACT MAP #99001 (Tract 2318) SUBDIVIDING RESIDENTIAL PROPERTY AT 3055 TRAFFIC WAY (TTM#99001;Mackey) WHEREAS, Dan Mackey requested approval of a Tentative Tract map to subdivide a 4.47-acre site at 3055 Traffic Way into 30 single family residential lots, including one open space lot; and WHEREAS, Ordinance 361 has been introduced to rezone the site to Low Density Multi Family with a Planned Development Overlay (RMF-10 (PD7)) wherein the zoning of the site allows for the uses and densities proposed; WHEREAS, the proposed project is in conformance with the Land Use Element of the General Plan and all other applicable General Plan policies as amending by Council Resolution 1999-037; and WHEREAS, the proposed project, as conditioned, and subject to said rezoning 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 June 15, 1999 and recommended approval of the tentative map; and WHEREAS, the City Council conducted a public hearing on the tentative tract map application on August 10, 1999 and accepted testimony, both written and oral, on the merits of the subdivision proposal. NOW, THEREFORE, SECTION 1. Findings. 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. City of Ataseadero Resolution 1999-038 Page 2 of 2 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 2. Approval. The City Council does hereby approve Tentative Tract Map #99001 as shown on Exhibit A subject to the Conditions of Approval shown in Exhibit B. On motion by Mayor Pro Tem Arrambide and seconded by Council Member Lerno, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: Council Members Arrambide, Lerno and Mayor Johnson NOES: Council Member Luna ABSTAIN: Council Member Clay ABSENT: None ADOPTED: August 10, 1999 C FAS DERO, CA Ray fohns ayor ATTEST: Marcia McClure Torgerson, City Cler Approved as to form: [) �a, � - ,,6 Roy A anley, City Attorn EXHIBIT A OF 4 ?� I) sr;�ice—• —", —. — ( i NII If — -; 9� �•!i i '{. R i 7r, rIN ,I f' at 00 CND R O S 5 f- � 3 O 00 IM = Z Elf j Q C C a I a O O O a i_ i }} y u s� 71 ..a !r ovou 1; LI �1e a I a : .1 1 .O-f• r�--••---=— — I i- 1, �1 � et I 2 XO F B4 T A avoa — ---------- {rl 9lIN38 NYS It �. x, I Gi CN � .dal• �:I. i Q co i.4 is �. CL Ya CL I: u = — _—..= 9511 W VIC LLJ ccl ef Vie' •r `� I :� { EXHIBIT A . \... 3 OF 4 ,I. �Lj. -h.� •il i.. o � ----3;�----- —•• iii' I s ( �1 t 1 .1 ^ 62 lei all c� 'Y � a •- dl 11 ,�; I � r 1 U r-I i 1 j 1 I• it 1 1 Y• EXHIBIT A 4 OF 4 ------- �.; a aroa 001M -------—-—-—-—- 77 s it �- - •'� a N 'rd z. � I ' ' r i 1 Z d! I; ; jC ._;._ j I i Lt s. +, EXHIBIT B CONDITIONS of subdivision approval Engineering: 1. 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. 2. The applicant shall enter into a Plan Check/Inspection agreement with the City. 3. A six (6) foot Public Utility Easement(PUE) shall be provided contiguous to the Traffic Way and Chico Road property frontages. 4. Slope easements shall be provided on each side of the right-of-way as needed to accommodate cut or fill slopes. 5. Drainage easements shall be provided as needed to accommodate both private and public drainage facilities. 6. The applicant shall be responsible for the relocation and/or alteration of existing utilities. 7. The applicant shall install all new utilities (water, gas, electric, cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 8. The applicant shaltmonument all property corners for construction control and shall promptly replace them if disturbed. 9. All existing and proposed utility,pipeline, open space, or other easements are to be shown on the final map. If there are building or other restrictions related to the easements, they shall be noted on the final map. 10. A preliminary subdivision guarantee shall be submitted for review in conjunction with the processing of the final map. 11. Prior to recording the final map,plans shall be submitted for review and approval by the City Engineer for all improvements required by these conditions of approval. Plans shall be prepared by a registered civil engineer and shall be prepared in conformance with City Standards. 12. Prior to recording the final map, the applicant 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. 13. Prior to recording the final map, the applicant shall set monuments at all new property corners and a registered civil engineer or licensed land surveyor 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. 14. Prior to recording the final map, the applicant shall pay all outstanding plan check/inspection fees. 15. Prior to recording the final map,the applicant shall submit a grading and drainage plan prepared by a registered civil engineer for review and approval by the City Engineer. 16. Prior to recording the final map, the applicant shall design and construct the following street improvements. R-value testing shall be done, and the pavement section designed by a registered civil engineer to the satisfaction of the City Engineer. A. The easterly half of Traffic Way shall be improved in conformance with City Standard 406 (Collector) along the entire property frontage, or as approved by the City Engineer. A 10-foot wide offer of dedication shall be provided along the Traffic Way property frontage. B. The northerly half of Chico Road shall be improved in conformance with City Standard 403 (Rural Collector) from Traffic Way to the Union Pacific Railroad right-of-way, or as approved by the City Engineer. A 5-foot wide offer-of- dedication shall be provided along the Chico Road property frontage. C. The existing streets adjacent to the property frontage shall be overlaid to remedy an inadequate structural section or to remedy deteriorated paving surface as directed by the City Engineer. Transitions shall be constructed between the proposed improvements and the existing improvements as directed by the City Engineer. 17. A 5-foot wide offer-of-dedication shall be provided along the Chico Road property frontage in conformance with City Standard Drawing No. 403 (Rural Collector). Prior to recording the final map, the applicant shall acquire title or interest in any off-site land that may be required to allow for the construction of the improvements required by these conditions of approval. 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. 18. Prior to recording the final map,the applicant shall design and construct the drainage improvements required to eliminate the ponding of storm water at the intersection of Traffic Way with Chico Road. The applicant shall obtain a drainage easement and an encroachment permit from the Union Pacific Railroad to allow construction of the drainage improvements. 19. Prior to recording the final map,the applicant shall design and construct all of utility facilities (sewer,water, gas, cable, telephone, electrical, etc.)required to serve the subdivision. 20. Prior to recording the final map, the applicant shall demonstrate that those portions of the existing wastewater collection system required to convey sewage from the subdivision to Pump Station#5 have adequate capacity. The sewage flow used in the capacity calculations shall be the flow from all areas within the existing Urban Services Line at build-out plus the flow generated by the subdivision. If the existing wastewater collection system does not have adequate capacity to adequately convey the sewage flow, the applicant shall design and construct improvements to the existing wastewater collection system as required by the City Engineer and the Chief of Wastewater Operations. 21. Prior to recording the final map,the applicant shall enter into an agreement with the City to pay a pro-rata share for the design and construction of upgrades to Pump Station#5. The form and content of the agreement shall be reviewed and approved by the City Attorney and the City Engineer. The applicant's pro-rata share shall be based on the anticipated average daily dry weather flow generated by the project divided by the existing average daily dry weather flow to Pump Station#5. 22. Prior to recording the final map, the applicant 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 that 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 final map. 23. Prior to the final map being placed on the agenda for City Council acceptance, the City Engineer shall sign the map. 24. Upon recording the final map,the applicant shall provide the City with a black line clear Mylar(0.4 mil) copy and a blue line print of the recorded map. 25. Prior to the final inspection, all outstanding plan check and inspection fees-shall be paid. 26. Prior to the final inspection, 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. 27. Prior to the final inspection, the applicant shall submit a written certification from a registered civil engineer or land surveyor that all survey monuments have been set as shown on the final map. 28. Prior to the final inspection,the applicant shall submit 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. Community Development: 29. Open space easements shall be shown on the final map and recorded in separate instruments that spell out the conditions of use of the easement areas, to the approval of the Community Development Department. The identified cultural resource site must be delineated on the map and any grading within this area prohibited, except as approved by the Community Development Director upon consultation with a qualified archeologist. 30. Three housing units are to be restricted by deed or other appropriate instrument for sale to qualified lower-income buyers, as defined by the State Health and Safety Code Section 50079.5,to the approval of the Community Development Department. The remaining units shall be restricted by deed or other appropriate instrument for qualified moderate- income buyers making no more than 94%of median income, as defined by the State Health and Safety Code Section 50093,to the approval of the Community Development Department. Such restrictions shall be for a minimum of 30 years or longer if required by the home financing program or rental subsidy program. The advertising for the initial home sales shall be restricted to markets targeted to Atascadero residents only. 31. An acoustical engineer must review plans and make specific recommendations to reduce noise levels, in outdoor activity areas and within the residences, to levels determined to be acceptable in the Noise Element. Construction must be in accordance with the recommendations, to the approval of the Community Development Department. 32. Deeds for each home (or other appropriate recorded instrument) shall indicate that no additional bedrooms will be allowed to be added to each home,unless the City Council specifically modifies the zoning or otherwise permits such addition. The instrument shall note that any other additions to homes must be in accordance with the standards of the PD 7 overlay zone. 33. The total number of driveway ramps shall be reduced, by use of common driveways where they will not affect existing large trees and to the extent feasible driveway turn- arounds will be provided, to the approval of the Community Development Department. 34. The applicant shall submit additional color schemes for the homes, for a total of at least three schemes for each different front elevation, to the approval of the Community Development Department. 35. The homes shall be staggered on the lots,within the limits of the PD 7 standards,to provide variety in street appearance, and to preserve significant trees to the extent possible, to the approval of the Community Development Department. 36. Building plans shall include landscape plans for front yards,to include trees, shrubs, and groundcover,to the approval of the Community Development Department. Plants chosen should emphasize use of drought-tolerant natives that are compatible with the continued life of existing oaks. All front yards shall be landscaped at the time of construction, or in accordance with a landscape agreement, to the approval of the Community Development Department. 37. The drainage system shall be designed to the approval of the City Engineer and Community Development Department. The detention basin design shall incorporate landscape screening,primarily with low-maintenance native plants, to the approval of the Community Development Department. 38. The sound wall shall be protected with a graffiti-resistant coating or other means to guard against graffiti, to the approval of the Community Development Department. 39. A landscape district,homeowners' association, or other means shall be established to assure perpetual maintenance of the detention basin, open space easement areas, and sound wall for the benefit of all homeowners in the subdivision, to the approval of the Community Development Department. 40. The subdivision approval is effective on the date that GP 98003 and ZC 98010 become , effective.