Loading...
HomeMy WebLinkAboutResolution 2001-023 RESOLUTION NO. 2001-023 A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO CERTIFING PROPOSED MITIGATED NEGATIVE DECLARATION 2001-006 PREPARED FOR ZONE CHANGE 2001-0003, ROAD ABANDONMENT 2001-0003 AND TENTATIVE TRACT MAP 2000-0001 FOR 6250 SAN GABRIEL ROAD, APN 054-192-0049 054-192-0059 054-191-0259 054-192-0179 054-192-0189 054-191-0269 054-191-0279 054-191-0209 054-191-021. (6250 San Gabriel Road, Rancho De Paraiso) WHEREAS, an application has been received from Rancho De Paraiso, Harry B. Larsen Family Trust, (6250 San Gabriel Road, Atascadero, CA 9342) Applicant and Property Owner to consider a project consisting of a Road Abandonment (RAB 2001-0003) requesting the abandonment of a portion of the Portal Road colony right-of-way and the realignment of the existing Escondido Road right-of-way, and tract map to subdivide 69.39 acres into 17 lots ranging from3.25 to 6.39 acres (TTM 2000-0001). The project is located at 6250 San Gabriel Road,APN 054-192-004, 054-192-005, 054-191-025, 054-192-017, 054-192-018, 054-191-026, 054-191 027, 054-191-020, 054-191-021; and, WHEREAS, an application has been initiated by the City of Atascadero for a zone change to change the zoning district of the Rancho de Paraiso Tract Map area(69.4± acres) from Agriculture to Residential Suburban; and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2001-006 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act(CEQA); and, WHEREAS, the Planning Commission of the City of Atascadero held a public hearing on Tuesday, April 17, 2001, to consider the project, at which meeting the Commission adopted Resolution PC 2001-013 recommended the City Council certify the proposed Mitigated Negative Declaration; and NOW, THEREFORE, the City Council of the City of Atascadero, at a public hearing held on Tuesday, June 26, 2001, hereby certifies Mitigated Negative Declaration 2001-0006 as shown on Exhibit A based on the following Findings: 1. The proposed Mitigated Negative Declaration has been completed in compliance with CEQA; and, 2. The proposed Mitigated Negative Declaration was presented to the City Council, and the information contained therein was considered by the City Council, prior to recommending action on the project for which it was prepared; and, 3. The project does not have the potential to degrade the environment when mitigation City of Atascadero Resolution No.2001-023 Page 2 measures are incorporated into the project's mitigation monitoring program as conditions of approval; and, 4. The project will not achieve short-term to the disadvantage of long term environmental goals; and, 5. The project does not have impacts which are individually limited, but cumulatively considerable; and, 6. The project will not cause substantial adverse effects on human beings either directly or indirectly; and, 7. The proposed Mitigated Negative Declaration will be forwarded to the City Council, and the information therein contained will be considered by the City Council, prior to taking final action on the project. On motion by Mayor Pro Tem Scalise and seconded by Council Member Clay, the foregoing Resolution is hereby adopted following roll call vote: AYES: Council Members Clay, Johnson, Luna, Scalise and Mayor Arrambide NOES: None ABSTAIN: None ABSENT: None ADOPTED: June 26, 2001 By• U �� �. Michael Arrambide, Mayor Attest: Y�1 -�' Marcia McClure Torgerson, Cityerk Approved as to form: �� 7/ a4v--- Roy . Hanley, City orney City of Atascadero Resolution No.2001-023 Page 3 EXHIBIT A: Proposed Mitigated Negative Declaration 2001-0006 Resolution No.2001-023 TTM 2000-0001; RAD 2001-0003;ZCH 2001-0013 i9ia o 197e rangy CITY OFATASCADERO PROPOSED MITIGATED NEGATIVE DECLARATION#2001-006 6500 Palma Avenue Atascadero, CA 93422 805/461-5035 APPLICANT: Rancho De Paraiso Harry B. Larsen Family Trust 6250 San Gabriel Road Atascadero, CA 93422 PROJECT TITLE: Tentative Tract Map 2000-0001, Road Abandonment 2001-0003,Zone Change 2001-0013 (City Initiated) PROJECT LOCATION: 6250 San Gabriel Road,CA 93422, San Luis Obispo County/APN 054- 192-004, 054-192-005, 054-191-025, 054-192-017,054-192-018, 054- 191-026, 054-191-027, 054-191-020, 054-191-021. PROJECT DESCRIPTION: A residential subdivision of 10 existing colony lots totally 69.39 acres into 17 lots and a road abandonment application requesting the abandonment of a portion of the Portal Road colony right-of-way and a realignment and improvement of the Escondido Road colony right-of-way. The project will involve the construction of 16 new homes with 6 new homes accessing from Portal Road, 5 homes accessing off of Escondido Road and 5 homes accessing from an existing driveway on San Gabriel Road. The project will include the improvement of Escondido Road connecting it to San Gabriel Road. The extension of Escondido Road will require the crossing of a blue line creek. The public improvements required for the project will require the removal of several native trees. Two open space easements are proposed as part of the project totaling 13 acres +/ and a pedestrian easement is proposed to provide a public pedestrian connection between the terminus of Portal Road and the extension of Escondido Road. The project also involves a city initiated application for a zone change to change the zoning district from Agriculture to Residential Suburban. The zone change application will change the City's Zoning Map to mirror the Suburban Single Family general plan designation shown on the Land Use Element. The zone change will not have an affect of the future use of the property and will fulfill Section E.2 (Implementation) of the City's General Plan. City of Atascadero Resolution No.2001-023 Page 4 FINDINGS: 1. The project does not have the potential to degrade the environment when mitigation measures are incorporated into the project. 2. The project will not achieve short-term to the disadvantage of long-term environmental goals, when mitigation measures are implemented. 3. The project does not have impacts which are individually limited, but cumulatively considerable,when mitigation measures are implemented. 4. The project will not cause substantial adverse effects on human beings either directly or indirectly,when mitigation measures are implemented. DETERMINATION: Based on the above findings, and the information contained in the initial study 2001-0006 (made a part hereof by reference and on file in the Community Development Department), it has been determined that the above project will not have an adverse impact on the environment when the following project is developed in accordance with required conditions. PREPARED BY: Jamie L. Kirk,Associate Planner DATE POSTED: 3/23/01 PUBLIC REVIEW ENDS: City of Ataseadero Resolution No.2001-023 Page 5 Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure San Gabriel Raod/Escondido Road/Portal Road FM:Final Map PS:Planning Services GP:Grading Permit TTM 2000-0001 /RA 2001-0003/Zone Change 2001-0013 BP:Building Pemxt BS:Building ServicesTO:Temporary Occupancy FD:Fire Deparbnent F0:Final Occupancy DFG:DeparOmentof PI:Public Improvements Fish and Garne CE:City Engineer RWQCB:Regional Water Quality Control Board CA:City Attorney AMWC:Atascadero Mutual Water Company Planning Services 1. Future building envelopes shall be in substantial FM PS I.C. conformance with the `Building Site Details" submitted with the Tentative Tract Map application and attached to the initial study. The building sites shall be delineated by a survey point and corresponding radius on the final map. 2. The maximum grading permitted on any site shall not BP PS 1.c. exceed 8 feet in overall height (cut or fill) measured from natural to finish grade. Where 8 feet of cut would be exceeded for the building pad, a second floor or split level shall be used. Yard areas shall be minimized to reduce the amount of cut or fill required. Retaining walls shall be incorporated where there is a proposed grade difference of 8 feet to achieve a natural transition. 3. If future construction on a lot is inconsistent with the BP PS I.C. `Building Site Details" a Precise Plan application will be required to be approved for the residence. 4. The access drive to Lot 3 shall be designed with retaining BP PS 1.c. features to minimize the amount of cut and fill required for its construction. 5. The project shall be conditioned to comply with all applicable Ongoing PS/CE 3.b. District regulations pertaining to the control of fugitive dust (PM-10) as contained in section 6.4 of the Air Quality Handbook. All site grading and demolition plans notes shall list the following regulations: 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. 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. All material transported off-site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized so as to prevent excessive amounts of dust. City of Atascadero Resolution No.2001-023 Page 6 Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure San Gabriel Raod/Escondido Road/Portal Road FM:Final Map GP:Grading Pemtit PS:Planning services BS:Building Services Zone 2000-0001 /RA 2001-0003/Zone Change 2001-0013 BP:Building Pemtit FD:Fire Department TO:Temporary Occupancy FO:Final Occupancy DFG:Departrnentof PI:Public Improvements Fish and Game CE:City Engineer RWQCB:Regional Water Quality Control Board CA City Attorney AMWC:Atascadero Mutual Water Company 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. 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. 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. 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. On-site vehicle speed shall be limited to 15 mph for any unpaved surface. All unpaved areas with vehicle traffic shall be watered at least twice per day,using non-potable water. 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. Wheel washers may be required when significant offsite import or export of fill is involved. 6. The applicant shall notify the Department of Fish and Game BP PS/DFG 4.b. prior to any activity occurring on the site and provide the City of Atascadero with one of the following: 1. A Streambed Alteration Agreement; or 2. Written verification from the Department of Fish and Game that the project will not adversely affect existing fish or wildlife resources and a Streambed Alteration Agreement is not required. 7. Prior to the issuance of the building permit for the on and off- BP PS 4.e. site improvements the applicant shall submit a tree protection plan prepared by a certified arborist. The plan shall identify the tree protection measures to be in place during construction and provide direction to the contractor for other tree protection measures to be implemented during and after construction, including the appropriate times for an arborist to be on-site during construction activities. The plan City of Atascadero Resolution No.2001-023 Page 7 Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure San Gabriel Raod/Escondido Road/Portal Road FM:Final Map PS:Planning Services GP:Grading Pemut g TIM 2000-0001 /RA 2001-0003/Zone Change 2001-0013 BP:Building Pemd BS:Building Services TO:Temporary Occupancy FD:Fire Departrnent FO:Final Occupancy DFG:Depatnerdof Pl:Public Improvements Fish and Garne CE:City Engineer RWQCB:Regional Water Quality Control Board CA City Attorney AMWC:Atascadero Mutual Warr Company shall also include an inventory of all trees to be removed, including the size species and condition of the trees. 8. Prior to the issuance of the building permits for the on and BP PS 4.e. off-site improvements a "pre-construction" meeting shall be held on site with the arborist, the grading contractor, and Community Development Department staff to review the tree protection and discuss future construction activities near the native trees. 9. Prior to the final inspection the arborist shall provide written FO PS 4.e. verification that all mitigation measures prescribed in the tree protection plan were adhered to during construction and that no trees were significantly damaged by the construction activities. 10. Development on Lot 2, Lot 3, Lot 4 and Lot 17 has the BP PS 4.e. potential to impact several native trees and future construction of homes on these lots will require the removal of several native trees. A tree protection plan prepared by a certified arborist shall be reviewed and approved by community development staff prior to the issuance of building permits on these lots.The plan shall identify the tree protection measures to be in place during construction and provide direction to the contractor for other tree protection measures to be implemented during and after construction, including the appropriate times for an arborist to be on-site during construction activities. The plan shall also include an inventory of all trees to be removed, including the size species and condition of the trees. 11. In the event of the accidental discovery or recognition of Ongoing PS 5.d. human remains in any location the following actions shall be taken: There shall be no further excavation or disturbance of the site or any nearby area reasonably suspected to overlie adjacent human remains until: a.) The San Luis Obispo County Coroner is contacted to determine that no investigation of the cause of death is required,and b.) If the Coroner identifies the remains to be Native American, the coroner shall contact the Native American Heritage Commission. The Native American Heritage Commission shall identify the person or persons it believes to be the most likely descended from the deceased Native American. The most likely descendent may make recommendations to the landowner or the person responsible for the excavation work, for means of treating or disposing of, City of Atascadero Resolution No.2001-023 Page 8 Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure San Gabriel Raod/Escondido Road/Portal Road FM:Final Map GP:Grading PermitPS:Planning Services Buil icee TTM 2000-0001 /RA 2001-0003/Zone Change 2001-0013 BP:Building Pemit BD:Frceding ServeM TO:Temporary Occupancy FO:Final Occupancy DFG:Depatnerdof PI:Public Irnprovements Fish and Garne CE:City Engineer RWQCB:Regional Water Quality Control Board CA City Attorney AMWC:Atascadero Mutual Water Company with appropriate dignity,the human remains and any associates grave goods as provided in Public Resources Code Section 5097.98,or Where the following conditions occur, the landowner or his authorized representative shall rebury the Native American human remains and associated grave goods with appropriate dignity on the property in a location not subject to further disturbance. a.) The Native American Heritage Commission is unable to identify a most likely descendent or the most likely descendent failed to make a recommendation within 24 hours of being notified by the commission b.) The descendant identified fails to make a recommendation; or c.) The landowner or his authorized representative rejects the recommendation of the descendant and the mediation by the Native American Commission fails to provide measures acceptable to the landowner. 12. A revegetation / restoration plan shall be prepared for all Prepared Prior to PS 6.b. areas that are disturbed (removal of natural vegetation) FM during the installation of the public improvement required for Inspected prior the project. The plan shall be prepared and inspected by a to FO of BP registered Landscape Architect. 13. Prior to the recordation of the final map engineered septic FM CE 6.e. systems with percolation tests for each lot shall be submitted and approved by the City Engineer. 14. A NPDES General Construction Permit with a Storm Water BP CE/RWQCB 8.a. Pollution Prevention Plan will be required. The Storm Water 8.e. Plan must include Best Management Practices for the control of erosion and sediment runoff. 15. All work in the stream bed shall be confined to the period Ongoing PS/CE 8.c. between June 15 and October 15, unless otherwise approved by the Department of Fish and Game. 16. Any run-off from steep, erodible surfaces will be diverted so Ongoing PS/CE 8.c. as not to enter the stream. Sediment catch basins, erosion control mats, hay bales, fabric fences, or other appropriate means shall be used when such diversions are necessary. BP CE 15.d. City of Atascadero Resolution No.2001-023 Page 9 Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure San Gabriel Raod/Escondido Road/Portal Road FM:Final Map PS:Planning Services GP:Grading Permit TTM 2000-0001 /RA 2001-0003/Zone a Chan 2001-0013 BP:Building Permit BS:Building Services Change TO:Temporary Occupancy FD:Fire Department FO:Final Occupancy DFG:Department& PI:Public Improvements Fish and Game CE:City Engineer RWQCB:Regional Water Quality Control Board CA:City Attomey AMWC:Atascadero Mutual Water Company IS Pnrt;;l RoRd shall he improved te allew fell: two way travel BP CE 15.d. of I I -a—1 Read. 19. Traffic speed signage shall be installed in both direction as FO of Public CE 15.d. prescribed by the city engineer and the police chief on San Improvement Gabriel Road near the intersection of Escondido Road so permit the traffic travelling onto San Gabriel from Esconido Road will be aware of the speed limit. 20. Warning signs shall be provided in hazardous locations as BP CE 15.d. prescribed by the City Engineer from the Portal/Escondido Road at San Marcos Road and the intersection of Escondido Road at San Gabriel Road.