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HomeMy WebLinkAboutResolution 2001-034 RESOLUTION NO. 2001-034 A RESOLUTION OF THE CITY COUNCIL APPROVING TENTATIVE TRACT MAP 2001-0005 THEREBY ALLOWING AN EIGHT LOT RESIDENTIAL SUBDIVISION OF APN 030- 461-047 AND APN 030-461-049 CONSISTENT WITH THE PD-7 MASTER PLAN OF DEVELOPMENT (CUP 2001-0041) (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 with a Master Plan of Development allowing an eight lot subdivision of the site; 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 Parcel Map 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 application; and, WHEREAS,the Planning Commission of the City of Atascadero, at a Public Hearing held on July 17, 2001, studied and considered Tentative Tract Map 2001-0005, 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 Tentative Tract Map 2001-0005, after first studying and considering the Proposed Negative Declaration prepared for the project; and, NOW, THEREFORE,the City Council takes the following actions: City of Atascadero Resolution No.2001-034 Page 2 Section One. Findings of Approval for Tentative Tract Map, the Atascadero City Council 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 proposed subdivision, as conditioned, is consistent with the Planned Development Overlay District 97 Master Plan of Development(CUP 2001-0041). 4. The site is physically suitable for the type of development proposed. 5. The site is physically suitable for the density of development proposed. 6. 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. 7. 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. 8. The proposed subdivision design and type of improvements proposed will not be detrimental to the health, safety or welfare of the general public. SECTION 2. Approval. The Atascadero City Council, in a regular session assembled on August 28, 2001 resolved approve Tentative Tract Map (TTM 2001- 0005) subject to the following: a) Exhibit A: Tentative Tract Map 2001-0005 b) Exhibit B: Conditions of Approval 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 City of Atascadero Resolution No.2001-034 Page 3 S By: I is ael Arrambide, Mayor Attest: Marcia McClure Torgerson, City Cl Approved as to form: Roy anley, City Attorne City of Atascadero Resolution No.2001-034 Page 4 Exhibit A:Tentative Tract Map TTM 2001-0005 ' yyyy — --- 3AIk94 NVYV IN 9 - .wy p NIN 4 - — 1 1 � � x F 1 � ! moi. I I 4D .ru L t g 1 • Y ��� N � \�N tll� � �� 3 4 h /Y e.10d 0000 aaoa City of Ataseadero Resolution No.2001-034 Page 5 EXHIBIT B: Conditions of Approval TTM 2001-0005 Conditions of Approval Timing Responsibility Mitigation. /Monitoring Measure 9351-9353 Musselman Drive PM.Parcel Map GP:Grading Permit PS:Planning SerAces BP:Building Pemrt BS:Building Services TO:TenWrary Occupancy FD:Fire DWartmerd Tentative Tract Map 2001-0005 F0:Final Occupancy PD:Police Department Pl:Public Improvements CE:City Engineer WW:Wastewater CA:City Attorney AMWC:Atascadem Mutual Wager Company Conditions Amended based on the 7/17/01 Planning Commission Meeting and City Engineer Recommendations (Amendments identified with strike through and underline.) Planning Services 1. The approval of this application shall become final, subject PM PS to the completion of the conditions of approval,fourteen(14) days following the Planning Commission approval unless prior to the time,an appeal to the decision is filed as set forth in Section 9-1.111(b)of the Zoning Ordinance. 2. Approval of this Tentative Tract Map shall be valid for two PM PS years after its effective date. At the end of the period, the approval shall expire and become null and void unless an extension of time is granted pursuant to a written request received prior to the expiration date. 3. The Community Development Department shall have the PM PS authority to approve minor changes to the project that (1) result in a superior site design or appearance, and/or (2) address a construction design issue that is not substantive to the Tentative Parcel Map. 4. The Tract Map shall be subject to additional fees for park or PM PS recreation purposes (QUIMBY Act) as required by City Ordinance. 5. The applicant shall record CC&R's for the subdivision subject to the review and approval of the City Engineer, City Attorney and Planning Department. The CC&R's shall identify the maintenance responsibilities of all private driveways, sewer facilities, drainage facilities, common parking areas, site lighting, landscape areas, fencing, and other common facilities. The CC&R's shall also state that each unit shall have no more than three bedrooms and that all exterior colors, exterior materials, and yard fencing shall be consistent with the overall master plan of development. 6. The granting of this entitlement shall apply to the property On going PS located at 9331-9351 Musselman Drive (APN 030-461-047 and APN 030-461-049)regardless of owner. 7. A tract map drawn in substantial conformance with the PM PS approved tentative map, and in compliance with all conditions set forth herein,shall be submitted for review and City of Atascadero Resolution No.2001-034 Page 6 Conditions of Approval Timing Responsibility Mitigation /Monitoring Measure 9351-9353 Musselman Drive PM.Parcel Map PS:Planning Services GP:Grading Permit BP:Building Permit BS:Building Services TO:Temporay Occupancy FD:Fire Department Tentative Tract Map 2001-0005 F0:Final Occupancy PD:Police Department PI:Public Improvements CE:City Engineer WW:Wastewater CA City Attorney AMWC:Atascadero Mutual Water Company approval in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. Engineering Conditions: 8. The applicant shall construct, to the approval of the City FM CE Engineer,the following street improvements: a) Musselman Drive shall receive a 2-inch asphalt overlay along the frontage of the subject property or as directed by the City Engineer b) Musselman Drive shall be improved to the satisfaction of the City Engineer to match the existing road improvements on both of the project, i.e.: curb, gutter, and sidewalks on the north edge and curb and gutter of the south edge. 9. Prior to recording the parcel map, the applicant shall FM CE construct, bond for or pay an in-lieu fee for all public improvements required by these conditions of approval. 10. A 6-foot wide public utility easement along Musselman Drive FM CE shall be delineated on the final map. 11. Prior to recording the parcel map, demonstrate that all FM CE easements required to provide utilities to the new parcels have been acquired and are shown on the map. DRAINAGE 12. Provisions for the repair and maintenance of any on-site FM CE drainage structures shall be included in the CC&R's for this Tract. Submit copies of the same for review by the City Engineer and approval by the City Attorney. 13. Storm water shall be disposed of in one of the following BP CE ways: a) Existing storm drain in the rear of the property. Storm water runoff from this project will be split, part conducted to Musselman Drive and part to the storm drain facility at the rear of the westerly parcel. The basin shall contain the 50 year developed while releasing the 2 year undeveloped into the existing system. Provide calculations supporting your design. In addition, any water being released off-site at this location will require an analysis of the existing system City of Ataseadero Resolution No.2001-034 Page 7 Conditions of Approval Timing Responsibility Mitigation /Monitoring Measure 9351-9353 Musselman Drive PM:Parcel Map GP:Grading PermitPS:Planning Services BP:Building Permit BS:Building Services TO:Temporary Occupancy FD:Fre Department Tentative Tract Map 2001-0005 FO:Final Occupancy PD:Poke Department PI:Public Improvements CE:City Engineer WW:Wastewater CA:City Attorney AMWC:Atascadero Mutual Water Company downstream. Improvements may be required to upgrade the existing system should the analysis reveal inadequacies.Any such improvements shall be the responsibility of the subdivider. Subdivider shall either acquire the necessary permission to improve the existing inlet on the adjacent parcel or acquire a drainage acceptance letter from the same. b) Surface drain to Musselman Drive. Submit to the City Engineer for review and approval, a grading plan, designed by a registered civil engineer demonstrating that all storm water runoff can be conducted to the gutter in Musselman Drive. The existing storm drain system at the back of Lot 4 shall be removed and capped at the property line. c) Storm drain to the existing storm drain in Musselman Drive. Design and construct an on-site underground stormdrain system that can carry the water to the extension of the existing culvert downstream on Musselman. This will require the extension of the public storm drain system up the south side of Musselman Drive to the Tract Boundary. Improvement plans for the on-site storm drain system shall be submitted with the drainage calculations justifying the design. Calculations and plans shall be wet stamped by a registered Civil Engineer. The existing storm drain system at the back of Lot 4 shall be removed and capped at the property line. 14. A copy of the proposed drainage easement shall be FM CE submitted for review and approval by the City Engineer. 15. A grading and drainage plan shall be submitted to the City FM CE for review and approval by the City Engineer. SANITARY SEWER CONDITIONS 16. The applicant shall pay all sewer extension fees prior to the FM WW recording of the final map. 17. On-site sewer main plans, designed by a registered civil FM WW engineer, shall be submitted for review and approval by the Public Works Department prior to final map. STANDARD CONDITIONS 18. In the event that the applicant chooses to bond for the public FM CE improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement City of Ataseadero Resolution No.2001-034 Page 8 Conditions of Approval Timing Responsibility Mitigation /Monitoring Measure 9351-9353 Musselman Drive PM.Parcel Map PS:Planning Services GP:Grading Pem it BP:Building Pernit BS:Building Services TO:Temporary Occupancy FD:Fire Deparlmerd Tentative Tract Map 2001-0005 FO:Final Occupancy PD:Police Departrnent PI:Public Improvements CE:City Engineer WW:Wastewater CA.Gly Attorney AMWC:Atescadero Mutual Water Company Agreement with the City Council. Applicant shall have a period of one year from the date of the recordation of the final map in which to complete the improvements required as a condition of this subdivision. 19. An engineer's estimate of probable cost shall be submitted FM CE for review and approval by the City Engineer to determine the amount of the bond. 20. The Subdivision Improvement Agreement shall be accepted FM CE by City Council on the consent agenda with the map and record concurrently with the Final Map. 21. All public improvements shall be constructed in conformance FM CE with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 22. A six (6) foot Public Utility Easement (PUE) contiguous to FM CE Musselman Avenue shall be offered for dedication on the Tract Map. 23. The applicant shall enter into a Plan Check/Inspection BP CE agreement with the City. 24. The applicant shall be responsible for the relocation and/or BP CE alteration of existing utilities. 25. Drainage shall cross lot lines only where a drainage BP CE easement has been provided. Drainage from off-site areas shall be conveyed across the project site in drainage easements. 26. The applicant shall install all new utilities (water, gas, BP CE electric,cable TV and telephone)underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement 27. The applicant shall monument all property corners for Ongoing CE construction control and shall promptly replace them if disturbed. 28. A preliminary subdivision guarantee shall be submitted for FM CE review in conjunction with the processing of the parcel map. 29. All existing and proposed utility, pipeline, open space, or FM CE other easements are to be shown on the parcel map. If there are building or other restrictions related to the easements, they shall be noted on the parcel map. City of Atascadero Resolution No.2001-034 Page 9 Conditions of Approval Timing Responsibility Mitigation /Monitoring Measure arcel 9351-9353 Musselman Drive PM.Grading Map Pemtit GP:GrGrading PS:Planning Services BP:Building Pemit BS:Building Services TO:Temporary Occupancy FD:Fire Deparbnent Tentative Tract Map 2001-0005 FO:Final Occupancy PD:Police Deparbnent PI:Public Improvements CE:City Engineer WW:Wastewater CA City Attorney AMWC:Atascadero Mutual Wear Cwrpany 30. Prior to recording the parcel map,the applicant shall submit FM CE 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. 31. Prior to recording the parcel map, the applicant shall set FM CE monuments at all new property corners and a registered civil engineer or licensed land surveyor shall indicate, by certificate on the final map, that comers have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 32. Prior to the map being placed on the agenda for City Council FM CE acceptance,the map shall be signed by the City Engineer. 33. Prior to recording the parcel map, the applicant shall pay all FM CE outstanding plan check/inspection fees. 34. Prior to placing the final map on the agenda for City Council FM CE approval, 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 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 parcel map. 35. Upon recording the parcel map, the applicant shall provide FM CE the City with a black line clear Mylar (0.4 mil) copy and a blue line print of the recorded map. 36. Prior to recording the parcel map, the applicant shall FM complete all improvements required by these conditions of approval. Atascadero Mutual Water Company(AMWC): 37. Prior to recording the map,the applicant shall prepare plans FM AMWC that show all existing and proposed water distribution facilities required to provide water service to the subdivision. The plans shall be submitted for review and approval by the Atascadero Mutual Water Company. All water distribution facilities shall be constructed in conformance with the Atascadero Mutual Water Company standards and policies. City of Ataseadero Resolution No.2001-034 Page 10 Conditions of Approval Timing Responsibility Mitigation /Monitoring Measure 9351-9353 Musselman Drive PM:Parcel Map GP:Grading Pont PS:Planning Services BP:Building Permit BS:Building Services TO:Temporary Occupancy FD:Fire Department Tentative Tract Map 2001-0005 F0:Final Occupancy PD:Police Department PI:Public Improvements CE:City Engineer WW:Wastewater CA City Attamey AMWC:Atascadem Mutual Water Company 38. If on-site fire hydrants are not required by the City Fire BP AMWC Marshall, water service to the lots shall be provided from meters installed on Musselman Drive. 39. If on-site fire hydrants are required by the City Fire Marshall, FM AMWC the applicant shall design and construct the water main extension required to serve the hydrants. Water service to the lots shall be provided from the water main extension. The water main extension shall have a minimum pipe diameter of 8-inches. A 6-inch diameter pipe may be accepted if a registered engineer provides calculations for review and approval by the AMWC that demonstrate that a fire flow of 1000 gallons per minute per hydrant can be achieved from two hydrants on the water main that are operating simultaneously. A 15-foot wide easement shall be provided to the AMWC for construction and maintenance of the water main. Prior to recordation of the map, the applicant shall submit the easement documents to the AMWC for review and approval. 40. If on-site fire hydrants are required, the applicant shall FM AMWC provide a recorded copy of an agreement that requires the owner of the project to repair and/or replace any and all interlocking pavers, stamped concrete, colored concrete, or other specialized material that may be removed, displaced, or damaged by the AMWC during the maintenance and operation of the water distribution facilities on the site. The agreement shall be recorded prior to, or concurrently with, the final map. The applicant shall submit the agreement to the AMWC for review and approval prior to recordation. 41. Prior to recording the parcel map the applicant shall obtain a FM AMWC "Will Serve"letter from Atascadero Mutual Water Company. 42. Prior to the issuance of building permits, the applicant shall BP AMWC pay all installation and connection fees required by the Atascadero Mutual Water Company. FIRE MARSHAL REQUIREMENTS 43. Place an approved Fire Hydrant at the southwest corner of BP FD the driveway entrance into the project. 44. Show on plan view an approved Fire Department turnaround BP FD at the end of the driveway. 45. Each dwelling shall have an approved lighted address sign FO FD attached to the structure. City of Atascadero Resolution No.2001-034 Page 11 Conditions of Approval Timing Responsibility Mitigation /Monitoring Measure 9351-9353 Musselman Drive PM:Parcel Map GP:Grading Permit PS:Planning Services BP:Building Pem9t BS:Building Services TO:Temporary Occupancy FD:Fire Departrnent Tentative Tract Map 2001-0005 FO:Final Occupancy PD:Police Department PI:Public Improvements CE:City Engineer WW:Wastmaater CA City Attorney AMWC:Atascadero Mutual Water Company 46. At the end of the driveway, the turnaround area shall be BP FD striped and signed as per the Fire Marshall to prevent any person from parking in the turnaround area. 47. In lieu of items 43, 44, and 46, the Fire Department will BP FD accept the condition that all structures, including garages, within the project be fully equipped with Automatic Fire Sprinklers.