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HomeMy WebLinkAboutResolution 2001-033 RESOLUTION NO. 2001-033 A RESOLUTION OF THE ATASCADERO CITY COUNCIL APPROVING CONDITIONAL USE PERMIT 2001-0041, A MASTER PLAN OF DEVELOPMENT FOR THE PD-7 OVERLAY ZONING DISTRICT ON APN 030-461-047 AND APN 030-461-049. (9351-9353 Musselman Drive/APN 030-461-047, 030-461-049 / Richard Shannon) WHEREAS, an application has been received from Richard Shannon (5070 San Benito Road, Atascadero, CA 93422) Applicant and Property Owner to consider a project consisting of a zone change from RMF-16 (Residential Multi-Family) to RMF-16 / PD-7 (Residential Multi-Family with Planned Development Overlay #7) with the adoption of a master plan of development, and an eight-lot residential tentative tract map on APN 030-461- 047, 030-461-049; and, WHEREAS, the site's General Plan Designation is HDMF (High Density Multi- Family; and, WHEREAS, the site's current zoning district is RMF-16 (Residential Multi-Family; and, WHEREAS, the Planning Commission has recommended that a site be rezoned to include a PD-7 overlay district which requires the adoption of a Master Plan of Development; 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 Zone Change application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Master Plan of Development; and, WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing held on July 17, 2001, studied and considered the Master Plan of Development for Zone Chance 2001-0011, after first studying and considering the Draft Negative Declaration prepared for the project, and, WHEREAS, the Atascadero City Council, at a duly noticed Public Hearing held on August 28, 2001, studied and considered the Master Plan of Development (CUP 2001-0041), after first studying and considering the Proposed Negative Declaration prepared for the project; and , NOW,THEREFORE, the City Council takes the following actions: SECTION 1. Findings for Approval for Amendment of the Master Plan of Development. The City Council finds as follows: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual; and, 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) including the PD-7 Ordinance; and, 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. SECTION 2. Approval. The Atascadero City Council, in a regular session assembled on August 28, 2001 resolved to approve the amendment of the Master Plan of Development(CUP 2000-0041) subject to the following: a) EXHIBIT A: Conditions of Approval b) EXHIBIT B: Site Plan C) EXHIBIT C: Statistical Summary of Project d) EXHIBIT D: Landscape Plan e) EXHIBIT E: Grading and Drainage Plan f) EXHIBIT F: Tree Protection Detail g) EXHIBIT G: Elevations and Floor Plans h) EXHIBIT H: Exterior Colors and Materials On motion by Council Member Johnson and seconded by Mayor Pro Tem Scalise, the foregoing Resolution is hereby adopted following roll call vote: AYES: Council Members Clay, Johnson, Scalise and Mayor Arrambide NOES: Council Member Luna ABSTAIN: None ABSENT: None ADOPTED: August 28, 2001 c J. Michael Arrambide, Mayor Attest: Marcia McClure Torgerson, City Cle Approved as to form: �r Ro . Hanley, City Aftomey EXHIBIT A:Conditions of Approval CUP 2001-0041: PD-7 Master Plan of Development Conditions of Approval Timing Responsibility Mitigation CUP 2001-0041 /Monitoring Measure PS:Planning Services BL:Business License BS:Building Services GP:Grading Per-ft FD:Fire Department BP:Building Permit PD:Police Department FI:Final Inspection CE:City Engineer TO:Temporary Occupancy WW:Wastewater F0:Final Occupancy CA:City Attorney Planning Services 1. The approval of this use permit shall become final and PS effective following the end of the referendum period for Zone Change 2001-0011. 2. Approval of this Master Plan of Development shall be valid BP PS concurrently with the life of Tentative Tract Map 2001-0005 and then indefinitely following final map. The Master Plan of Development approval shall expire and become null and void unless a final map is recorded consistent with the Master Plan of Development. 3. The Community Development Department shall have the BP/FM PS authority to approve minor changes to the project the(1) increase the intensity of the project by less than 10%, (2) result in a superior site design or appearance,and/or(3) address a construction design issue that is not substantive to the Master Plan of Development. The Planning Commission shall have the final authority to approve any other changes to the Master Plan of Development and any associated Tentative Maps. 4. All subsequent Tentative Tract Maps and construction BP/FM PS permits shall be consistent with the Master Plan of Development contained herein. 5. All exterior elevations,finish materials and colors shall be BP PS consistent with the Master Plan of Development as shown in EXHIBIT G and EXHIBIT H. 6. All site development shall be consistent with the maximum BP/FM PS intensities described in the statistical project summary as shown on EXHIBIT C. 7. All site work,grading and site improvements shall be BP/FM PS consistent with the Master Plan of Development as shown in EXHIBIT B,EXHIBIT E and EXHIBIT F. 8. Native oaks trees shall be preserved and protected during BP PS construction consistent with the Tree Protection Plan prepared for the project(Jack Brazeal,Consulting Arborist, February 26,2001) Tree protection shall be in place prior to the issuance of any construction permits. Conditions of Approval Timing Responsibility Mitigation CUP 2001-0041 /Monitoring Measure PS:Planning Services BL:Business License BS:Building Services GP:Grading Permit FD:Fire Department BP:Building Permit PD:Police Department FI:Final Inspection CE:City Engineer TO:Temporary Occupancy WW:Wastewater F0:Final Occupancy CA CityAttomey 9. A final landscape and irrigation plan shall be approved prior BP PS to the issuance of building permits and included as part of site improvement plan.All exterior meters,air conditioning units and mechanical equipment shall be screened with landscape material. 10. Tree Mitigation: 2 fifteen-gallon coast live oaks shall be incorporated into the landscape plan prepared for the site. 11. The yards adjacent to Musselman Drive shall be not be BP PS enclosed with any fencing which exceeds 3-feet in height -end of conditions- EXHIBIT B:Site Plan CUP 2001-0041: PD-7 Master Plan of Development -- - - a n I d ciNv Er 13 s s n rT--------- - --- -- ---- g j&d fill.. IN 5 c, \ y ild E oil 41 E 90d EXHIBIT C:Statistical Summary of Project CUP 2001-0041: PD-7 Master Plan of Development Lot Area 5413.3 5199.3 5247.8 5267.1718!18s.f1. 5207.1 5198.9 5397.7 Building Footprint 1818 s.f. 1818 s.f. 1818 s.f. 1818 s.f. 1818 s.f. 1818 s.f. 1818 s.f. (not to exceed 35%) 33.60% 35.00% 34.60% 34.50% 35.00% 34.90% 35.00% 33.70% Landscaped Area 2360.2 s.f. 2079.7 s.f. 2273.7 s.f. 2921.7 s.f. 2801.3 s.f. 2155.1 s.f. 2079.5 s.f. 2362.2 s.f. (minimum 40%) 43.60% 40.00% 43.30% 55.50% 53.90% 41.40% 40.00% 43.80% Covered Parking 2 spaces 2 spaces 2 spaces 2 spaces 2 spaces 2 spaces 2 spaces 2 spaces Guest Parking 1 1 spacel 1 spacel 1 spacel 1 space 1 space 1 space 1 space 1 space IK �il � Aim Von ` SO&�Z2 �L1t, iiiS $j i fp�gTl ,,�[�l\11 ,lamr MAI MEN SEE • i 41 = r s goo ft.r � m ♦ \ ♦ 1 SSS da �o+rarer♦r♦i ri °. ,rr">. �+ � �1"' e♦\r° r na ME NO, AM VOK s(�dmnny n e v .♦ �I O DOGS©l"1'©OE E�Ci h - oo�o�ooe© EXHIBIT F:Tree Protection Detail CUP 2001-0041: PD-7 Master Pian of Development CaAW"4rMAJ d fe4 x /Q Aeywc 'rod E N "PCC e&140010 IWAW W.-IIvo fRF-1 N �f ® GED fG�r'r�E i�lBRic. N fXl�iffrtlG DSC J 4°M/4/ezhw oy rr rem © al ja."E m A i N m z n i m n z 3 P � 4 Far/sT.61WAI0 4 �(I�/CSL pol(,20u� PRVF,� O�t�t/L . /10 Ac" n AIMEE: AeAVOPW *4WrV>•fk IVSTiYLLA-17oiC/ EXHIBIT G:ELEVATIONS AND FLOOR PLANS CUP 2001-0041: PD-7 Master Plan of Development . ,�m.�.".r......... «.� ". woNnxe.aryaon �i i f !j raid ru.s.wam..ne:u.:.Fr —77 y ► F 6 � I y ! m �' Ia EXHIBIT H:EXTERIOR COLORS AND MATERIALS CUP 2001-0041: PD-7 Master Plan of Development r - ATEI*i SAWLt A# oevvwi4iii*Fclo, RICH`,- , T TATIVE,TRAO C'''. . 24 Ap =61411 CHOW* X-U SAN ON(SAZ dU1 �... 5U Courtywd 515 5pw�� c ( iy X-575 GANYt {N , r' CoLow COLOR fw. r c 4% Rw X-21 MOWERKY(SAS9"Of, .:E ^^ .•