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HomeMy WebLinkAboutResolution 1999-067 RESOLUTION NO. 1999-067 A RESOLUTION OF THE CITY COUNCIL OF ATASCADERO APPROVING PHASED TENTATIVE TRACT MAP 98013 THEREBY ALLOWING A 40 LOT RESIDENTIAL, RECREATION AND INDUSTRIAL SUBDIVISION OF APN 049-031-003. (3900 Traffic Way/Shores) WHEREAS, an application has been received from Mildred Shores (PO Box 216, Atascadero, CA 93423) Applicant, and Richard Davis (3900 Traffic Way, Atascadero, CA 93422) Property Owner to consider a project consisting of the following elements (1) General Plan Amendment 98002 to change the land use designation of approximately 39.9± acres from Single Family Suburban to 20.3± acres High Density Single Family, 10.0± acres Recreation, 2.7± acres Industrial and 6.9± acres streets and the extension of the Urban Service Line to provide sewer service to the project area, (2) Zone Change 98004 to change the zoning from RS (Residential Suburban) to RSF-X (Residential Single-Family 1/2-acre minimum with sewer), L (Recreation), and I (Industrial), consistent with the General Plan Amendment with a Planned Development Overlay District, and (3) a 43-lot tentative tract map with a net residential density of 38 dwelling units; and, WHEREAS, the proposed project as conditioned is in conformance with the Land Use Element and Diagram of the City of Atascadero's General Plan and all other applicable General Plan policies; and, WHEREAS, a portion of the map is located in the Residential Single-Family 1/2 Acre Minimum District with a Planned Development 15 overlay (RSX-X/PD-15) Zoning District which allows for the clustering of residential lots with a minimum area of 1/4 acre; and, WHEREAS, remaining portion of the map is located in the Recreational District with a Planned Development 15 overlay (L/PD-15) Zoning District and the Industrial Zoning District which both allow for the proposed uses and lot sizes; 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 Tentative Tract Map application was held by the Planning Commission of the City of Atascadero on October 19, 1999 at which hearing evidence, oral and documentary, was admitted on behalf of said Tentative Tract Map following which the Commission recommended approval; and, WHEREAS,a timely and properly noticed Public Hearing upon the subject Tentative Tract Map application was held by the City Council of Atascadero on November 9, 1999 at which hearing evidence, oral and documentary, was admitted on behalf of said Tentative Tract Map; and, City of Atascadero Resolution No. 1999-067 Page 2 WHEREAS, the Mitigated Negative Declaration prepared for the project studied and considered prior approval of the Tentative Tract Map, and NOW, THEREFORE, the City Council of Atascadero finds as follows: 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 of development proposed. 4. The site is physically suitable for the density of development proposed. S. 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. 6. 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. 7. The proposed subdivision design and type of improvements proposed will not be detrimental to the health, safety or welfare of the general public. NOW, THEREFORE, BE IT RESOLVED that the City Council of Atascadero, in a regular session assembled on November 9, 1999, approved Phased Tentative Tract Map 98013 for a 41-lot residential, recreational and industrial subdivision on 39.9± acres consistent with Exhibit A as amended by Exhibit B, Exhibit C; and subject to the Conditions of Approval contained in Exhibit D. On motion by Mayor Pro Tem Arrambide and seconded by Council Member Luna, the foregoing Resolution is hereby adopted by the following roll call vote: AYES: Council Members Arrambide, Clay, Luna, Scalise and Mayor Johnson NOES: None ABSTAIN: None ABSENT: None ADOPTED: November 9, 1999 City of Atascadero Resolution No. 1999-067 Page 3 By &SNIL Ray J has ayor Attest: Marcia McClure Torgerson, City Cl k Approved as to form: kq'� I V/)�kN z Roy I Hanley, City Atto y Exhibit A:Tentative Parcel Map Resolution No.1999-067 TPM 98013 yC ykU.1 IN 149 ' \49 'l� 1� .�fl! #�i •' It oil Ci J ♦. �O I dE jY 4�� 6 � ���il ; 1�: � I �� I I I�•k I � 3$ Q' I t � ► 4 H M by i �i $y \ � $y A \\ 1 r'y�•,a �i a r u X Exhibit A:Tentative Parcel Map Resolution No.1999-067 ? TPM 98013 t " LJ I / I/l tiyllll. .X v e1£ _ - 5 _ •,.� 0. a e a•: � bb < (Y 35h e III 1� O its LLL a b� � w I 6 :i " CO V 'a lel !s lie 11 hil I4 a +, �y • 9�a � v '� MAICH UNE-SEE SKEET 2 Resolution 1999-067 Exhibit B:Tentative Map with Mitigation Measures Applied Resolution No.1999-067 TPM 98013 - ~ - RECREATION 6.42 ACRESrXIT It � .tcAeq .�et '"•Tt��' � �� „ter M1 SJrL71R-�- � OPEN 411111( - t ,\ � � '� ';, Lor}a--- • - � V i- - �tN r,^ ':4Y" �. \ 0.$F•:�:. (Xr+' - lam • � �,: .fir; ..r.__s`'1�-�,�.-'" • 'Awe .n t - � a 7, Exhibit C:Alternative Traffic Way Street Section Resolution No.1999-067 TPM 98013 �o 5� 20� 20 �-+o�..�� •ate �5�+�aY 'f1Z,� Resolution 1999-067 Exhibit D: CONDITIONS OF APPROVAL Resolution No. 1999-067 Tentative Parcel Map 98013 Planning Services 1. Approval of this Tentative Tract Map shall be valid for twenty-four(24)months after its effective date. At the end of the period,the approval shall expire and become null and void unless a final map has been filed or a time extension granted. 2. The applicant shall be entitled to file multiple final maps for the phased tentative tract map consistent with the requirements of Section 66456.1. of the Subdivision Map Act. 3. The form of the Final Tract Map shall be consistent with the approved Tentative Tract Map shown in Exhibit A as amended by Exhibit B and C and conditioned in Exhibit D. 4. The applicant shall provide the City with 10 blue line copies of a revised Tentative Tract Map that reflects all substantive project approval changes, following final approval. 5. All new street names will be Spanish is origin and will be approved by the Community Development Department. 6. General Plan Amendment 98002 and Zone Change 98004 shall be approved and effective prior to the recordation of the map. 7. All native trees in the proximity of street improvements will be preserved to the extent possible. Street section exceptions shall be allowed, grading altered and utilities shall be rerouted as needed to protect native trees. Staff shall have the authority to approve tree removals in excess of 24-inches where avoidance becomes infeasible along the collector street frontage only. Tree protection shall be installed and mitigation fees paid prior to the issuance of permits for subdivision improvements. All tree protection shall be shown on improvement plans. 8. The applicant shall create a homeowners association or similar entity and submit agreements for the maintenance of all private roads, sewer facilities,drainage facilities,the open space area, and other common facilities. The maintenance entity and maintenance agreements shall be reviewed and approved by the City Engineer and the City Attorney. Recorded copies of formation of the maintenance entity and maintenance agreements shall be submitted to the City prior to recordation of the final map. 9. The developer shall underground all existing overhead utilities. 10. The parkland parcel shown as parcel 42 shall be offered for dedication to City of Atascadero as a public park. The dedication will occur with the understanding that the City of Atascadero is under no obligation to develop the property during any specific timelines. 11. The open space area will have a deed restriction placed upon the site,restricting the use of the property to open space only. Agricultural use of the property including grazing shall not Resolution 1999-067 be permitted. Weed abatement and property maintenance including fencing shall be the responsibility of the subdivision maintenance organization. 12. A maximum of three shared driveways will be allowed for the industrial lots with reciprocal access easements. The driveway locations will align with residential driveways across the street where feasible. 13. Industrial zoned lots,less than 50-feet in depth, shall not be used for industrial uses unless additional area is obtained from the neighboring railroad property or a precise plan is approved for the site. 14. (Mitigation Measure La.) All exterior site lights related to industrial uses shall utilize full cut-off, "hooded" lighting fixtures to prevent offsite light spillage and glare. 15. (Mitigation Measure 3.a.) The project shall be conditioned to comply with the following District regulations pertaining to the control of fugitive dust (PM-10). All site grading and demolition plans notes shall list the following regulations. A. All material excavated or graded shall be sufficiently watered to prevent excessive amounts of dust. Watering shall occur at least twice daily with complete coverage,preferably in the late morning and after work is finished for the day. B. All clearing, grading, earth moving, or excavation activities shall cease during periods of high winds (i.e. greater than 20 mph averaged over one hour) so as to prevent excessive amounts of dust. C. All material transported off-site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. D. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized so as to prevent excessive amounts of dust. E. Permanent dust control measured identified in the approved project revegetation and landscape plans shall be implemented as soon as possible following completion of any soil disturbing activities. F. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading shall be sown with fast-germinating native grass seed and watered until vegetation becomes established. G. All disturbed areas not subject to revegetation shall be stabilized using approved chemical soil binders,jute netting, or other methods in advance by the APCD. Resolution 1999-067 H. All roadways, driveways, sidewalks, etc. to be paved shall be completed as soon as possible. In addition, structural foundations shall be completed as soon as possible following building pad construction. I. On-site vehicle speed shall be limited to 15 mph for any unpaved surface. J. All unpaved areas with vehicle traffic shall be watered at least twice per day, using non-potable water. K. Streets adjacent to the project site shall be swept daily to remove silt which may have accumulated from construction activities so as to prevent excessive amounts of dust from leaving the site. 16. (Mitigation Measure 3.b. ) Bicycle storage racks shall be provided for all industrial uses and for the future park. Bike racks will be provided in convenient and secure location. 17. (Mitigation Measure 3.c. ) Large canopy shade trees shall be provided along all street frontages at intervals of no more than 50-feet on center. Trees will be installed with subdivision improvements. 18. (Mitigation Measure 3.d. ) An 8-foot wide Class I bicycle and pedestrian pathway shall be provided along the northern side of Traffic Way. 19. (Mitigation Measure 3.e. ) Minimum 4-foot wide decomposed granite walking pathways shall be provided along the shoulders of local streets and the south side of Traffic Way. 20. (Mitigation Measure 4.a. ) The area shown as lots 4, 5 and 11 of the proposed tentative map will be designated as permanent open space. Deed restrictions will be recorded on these parcels in conjunction with the final map limiting all future use of the property to habitat preserve with limited public access. The entire perimeter of the open space area will be enclosed with a suitable habitat fence prior to construction of subdivision improvements. Lots 3, 6, 17 and 18 will be reconfigured to avoid the Freshwater Marsh. No utilities, grading, trenching or other construction shall occur within open space area. 21. (Mitigation Measure 4.b. ) A minimum 20-feet setback shall be maintained for all structures on lots adjoining the open space area. The setback shall be recorded as an easement on the final maps. 22. (Mitigation Measure 4.c. ) Prior to any site work, fencing of the open space area or Final Map,the applicant shall prepare and the Army Corp of Engineers shall approve a wetlands delineation of the site. The final map may be adjusted as needed to avoid any additionally identified wetlands without Planning Commission approval. 23. (Mitigation Measure 4.d. ) Oak tree#1 and#2 will be mitigated with the planting of 5-gallon Live Oak seedlings Resolution 1999-067 within the Habitat Area. The number of replantings will be consistent with the requirements of the Native Tree Ordinance. 24. (Mitigation Measure 4.e. ) Oak tree#3 located east of"Davis Court"will be preserved within'a street planter island. 25. (Mitigation Measure 4.f. All other oak trees within the proximity of subdivision improvements shall be fenced and protected during construction. Tree protection plans will be shown on all improvement plans. 26. (Mitigation Measure 5.a. ) A Phase II subsurface archaeological testing program shall be conducted prior to final map for the industrial area. The City of Atascadero will conduct a Phase II subsurface archaeological testing program for the park site prior to development. To the extent possible, the design of the public park should incorporate the preservation of archaeological resources. 27. (Mitigation Measure 5.b. ) All grading plans shall include the following note: Should any human remains be discovered during construction, then all site work shall stop immediately and the County Coroner shall be contacted. If the human remains are identified as being Native American, the California Native American Heritage Commission(NAHC) shall be contacted at 916/653-4082. 28. (Mitigation Measure 8.a. ) A storm water management plan shall be approved by the Regional Water Quality Control Board prior to the issuance of permits for site grading or subdivision improvements. 29. (Mitigation Measure l La. ) All construction activities on the site shall comply with City Noise Ordinance for hours of operations. Permitted construction hours will be noted on all construction plans. 30. (Mitigation Measure l Lb. ) All future industrial uses including,but not limited to, assembly, fabrication,vehicle maintenance,use of power tools and other noise generating activities shall occur only within enclosed buildings and away from open doors and windows. 31. (Mitigation Measure 15.a. ) Traffic calming elements shall be incorporated into the street design for the San Anselmo Avenue extension per the requirement of the City Engineer. These calming measure may include,but are not limited to, corner bow-outs, textured surfacing, median islands and speed humps. 32. (Mitigation Measure 15.b.) Common driveway access points with easements shall be provided for all lots fronting Traffic Way. Back-up lots to Traffic Way shall have access restriction easements. 33. Lots 18, 19,20 and 26 shall have an access restriction easement placed along the Traffic Way frontage. Resolution 1999-067 City Engineer 34. 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. 35. The applicant shall enter into an Plan Check/Inspection agreement with the City. All fees and invoices shall be paid in full prior to recordation of Final Map. 36. A six(6) foot Public Utility Easement(PUE) shall be provided contiguous to the Traffic Way and the collector street property frontages. 37. Slope easements shall be provided on each side of the right-of-way as needed to accommodate cut or fill slopes. 38. Drainage easements shall be provided as needed to accommodate both private and public drainage facilities. 39. The applicant shall be responsible for the relocation and/or alteration of existing utilities. 40. 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. 41. The applicant shall monument all property corners for construction control and shall promptly replace them if disturbed. 42. 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. 43. A preliminary subdivision guarantee shall be submitted for review in conjunction with the processing of the final map. 44. 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. 45. 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. 46. 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. Resolution 1999-067 47. Prior to recording the final map,the applicant shall pay all outstanding plan check/inspection fees. 48. 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. 49. Prior to recording the final map,the applicant shall submit the drainage calculations necessary to demonstrate that existing downstream drainage facilities have adequate capacity to handle the total flow from the fully developed watershed without adverse affect on other properties. If downstream facilities do not have adequate capacity,the applicant shall design and construct improvements to the downstream facilities or the applicant shall detain storm water on-site in conformance with City Standards. 50. 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. 51. Traffic Way shall be fully improved in conformance with City Standard Drawing No. 406 (Collector) along the entire property frontage or as directed by the City Engineer. A 60- foot wide offer of dedication shall be provided for Traffic Way. As an alternative to providing two 5-foot wide sidewalks along both sides of Traffic Way and upon approval of the City Engineer and the Community Development Director, the applicant will construct an 8-foot wide detached sidewalk on one side of Traffic Way and a 5-foot wide decomposed granite walkway on the other side consistent with Exhibit C. 52. The Traffic Way improvements shall incorporate a subsurface drainage system where required to remove ground water from the structural section and subgrade. The subsurface drainage system shall be constructed in conformance with Caltrans standards. 53. The applicant shall improve Seperado Avenue from the intersection of San Anselmo Avenue to a point 150-feet east on conformance with City Standard drawing no. 402 (Rural Hillside Collector) or as directed by the City Engineer. The applicant shall submit preliminary improvement plans for the remainder of Seperado Avenue which identify the slope and drainage easements required to construct Seperado Avenue in conformance with City Standard Drawing no 402 (Rural Hillside Local). The applicant shall provide the slope and drainage easements identified on the preliminary plans. 54. All onsite streets shall be constructed in conformance with City Standard Drawing No. 403 (Hillside Collector)or as directed by the City Engineer. A 50-foot wide offers of dedication shall be provided for all on-site streets. 55. The on-site cul-de-sacs shall be constructed in.conformance with City Standard Drawing No. 415 (Typical Cul-de-Sac,Urban), or as directed by the City Engineer. 56. Street lights shall be installed at the intersection of the on-site road with Traffic Way, at the intersection of the on-site road with existing San Anselmo Avenue and at the Resolution 1999-067 intersection of the on-site road with the San Anselmo Avenue extension or as directed by the City Engineer and Community Development Director. 57. Pavement transitions shall be constructed in conformance with Caltrans standards or as directed by the City Engineer. 58. The existing streets adjacent to the property frontage shall be overlayed 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. 59. 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. 60. Prior to recording the final map, the applicant shall design and construct the drainage improvements required to eliminate the ponding of storm water on Traffic Way. The applicant shall obtain a drainage easement and an encroachment permit from the Union Pacific Railroad to allow construction of the drainage improvements. 61. 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. 62. 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. 63. 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. 64. 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 Resolution 1999-067 6 easements which 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. 65. 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. 66. Prior to the final inspection, all outstanding plan check and inspection fees shall be paid. 67. 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. 68. 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. 69. 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. 70. Sewer mains constructed as a part of this project that will not receive flow from beyond the boundaries of this project shall be privately maintained. 71. Sewer mains constructed as a part of this project that may receive flow from beyond the boundaries of this project shall be City maintained and shall be 10" in diameter. These Public Sewer Mains shall be extended from the intersection of Del Rio Road, San Anselmo Avenue and Seperado Avenue and shall extend through the project and then east along Traffic Way to the intersection of Traffic Way and San Jacinto Avenue. If these Public Sewer Mains are installed beneath privately maintained roads, 15' maintenance easements shall be provided. 72. A 15' construction and maintenance easement between Seperado Avenue and Traffic Way, along the Northwest property line of Lot 30,shall be provided to the City for a future sewer main. A manhole in Traffic Way,with a 10"stub, shall be constructed opposite this easement. Fire Department 73. Water supply mains and fire hydrants shall be designed, installed, tested and approved by the Atascadero Mutual Water Company and the Fire Department. 74. Roadways and fire hydrants shall be designed per City standards. One new fire hydrant shall be placed near the project entrance as determined by the Fire Chief. The Fire Department turnaround area shall be identified on either a public R.O.W. or on a private street. Resolution 1999-067 Atascadero Mutual Water Company 75. Water service is conditional upon the applicant satisfying the 1993 conditions of issuance of shares. 76. Water main extensions with fire hydrants will be required to be looped or as approved by AMWC. 77. All construction of water mains and services shall be done in accordance to AMWC specifications and policies. 78. Easements that may be required for the installation of water mains shall be in AMWC's name with rights to the City of Atascadero. 79. Cross connection devices shall be required on lots with wells or springs that are served by the AMWC supply.