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:
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Hanley, City Atto y
Exhibit A:Tentative Parcel Map
Resolution No.1999-067
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Resolution 1999-067
Exhibit B:Tentative Map with Mitigation Measures Applied
Resolution No.1999-067
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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.