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HomeMy WebLinkAboutResolution 2001-040 RESOLUTION NO. 2001-040 A RESOLUTION OF THE CITY COUNCIL APPROVING TENTATIVE PARCEL MAP 2001-0019 THEREBY ALLOWING A TWO LOT RESIDENTIAL SUBDIVISION OF APN 054-022-033 CONSISTENT WITH THE PD-16 MASTER PLAN OF DEVELOPMENT (CUP 2001-0046) (5725 Portola Road /APN 054-022-033 / Mike Messer) WHEREAS, an application has been received from Mike Messer (PO Box 1661, Atascadero, CA 93423) Applicant and Property Owner, to consider a project consisting of an amendment to the City's Zoning Text to create a new Planned Development Overlay District (PD 16), a zone change from RSF-Z (Residential Single Family—minimum lot size 1 %2 to 2 1/2 acres) to RSF-Z / PD-16 (Residential Single Family — minimum lot size 1 1/2 to 2 %2 acres with Planned Development Overlay 16), the adoption of a Master Plan of Development, and a two-lot residential Tentative Parcel Map on APN 054-022-033; and, WHEREAS, the site's General Plan Designation is LDSF (Low Density Single-Family; and, WHEREAS, the site's current zoning district is RSF-Z (Residential Single Family; with a minimum lot size of 1 1/2 to 2 %2 acres); and, WHEREAS, the Planning Commission has recommended that the site be rezoned to include a PD-16 overlay with a Master Plan of Development allowing a two-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 September 4, 2001, studied and considered Tentative Parcel Map 2001-0019, 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 October 23, 2001 studied and considered Tentative Parcel Map 2001-0019, after first studying and considering the Proposed Negative Declaration prepared for the project. NOW,THEREFORE,the City Council takes the following actions: City of Atascadero Resolution No.2001-040 Page 2 Section 1. Findings of Approval for Tentative Parcel Mau, the Planning Commission of the City of Atascadero finds as follows: a) The proposed subdivision, as conditioned, is consistent with the General Plan and applicable zoning requirements. b) The design and improvement of the proposed subdivision is consistent with the General Plan and applicable zoning requirements. c) The proposed subdivision, as conditioned, is consistent with the Planned Development Overlay District#16 Master Plan of Development(CUP 2001-0046). d) The site is physically suitable for the type of development proposed. e) The site is physically suitable for the density of development proposed. f) 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. g) 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. h) The proposed subdivision design and type of improvements proposed will not be detrimental to the health, safety or welfare of the general public. i) In order to assure orderly development, improvement plans shall be required prior to final map. SECTION 2. Approval. The Atascadero City Council, in a regular session assembled on October 23, 2001 resolved to approve Tentative Parcel 2001-0019 subject to the following: a) Exhibit A: Tentative Parcel Map 2001-0019 b) Exhibit B: Conditions of Approval On motion by Council Member Johnson and seconded by Council Member Scalise, the foregoing Resolution is hereby adopted following roll call vote: AYES: Council Members Clay, Johnson, Scalise and Mayor Arrambide NOES: Council Member Luna City of Atascadero Resolution No.2001-040 Page 3 ABSTAIN: None ABSENT: None ADOPTED: October 23, 2001 Michael Arrambide, Mayor Attest: Marcia McClure Torgerson, City Jerk Approved as to form: iI 1� Roy)t. anley, City A. City of Atascadero Resolution No.2001-040 Page 4 Exhibit A:Tentative Parcel Map TTM 2001-0005 ;f N I - I m 3 I b' g. I 7 i I I � ti u rort�aaaallo i -------------= --------- --'------------------ - I � - I City of Atascadero Resolution No.2001-040 Page 5 EXHIBIT B: Conditions of Approval TPM 2001-0019 Conditions of Approval Timing Responsibility Mitigation /Monitoring Measure 5725 Portola Road PM.Parcel Map PS:PlanningServices GP Grading Permit BP:Building Pemat BS:Building Services TO:Temporary Occupancy FD:Fire Deparanent Tentative Parcel Map 2001-0019 F0:Final Occupancy PD:Police Department Pl:Public Improvements CE:City Engineer WW:Wastewater CA City Attorney AMWC:Atascadero Mutual Water Cor pany 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. The Tentative Parcel Map application shall not be deemed approved until the end of the ordinance referendum period and enactment of Zone Change 2001-0016. 3. Approval of this Tentative Parcel 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. 4. 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. 5. The Parcel Map shall be subject to additional fees for park or PM PS recreation purposes (QUIMBY Act) as required by City Ordinance. 6. The granting of this entitlement shall apply to the property On going PS located at 5725 Portola Road (APN 055-022-033) regardless of owner. 7. The Hillside Preservation Easement shall be designated as FM PS an Open Space Easement and recorded on the Final Parcel Map. 8. Future construction on the lots shall be consistent with the BP PS Master Plan of Development(CUP 2001-0046)approved for the site. City of Atascadero Resolution No.2001-040 Page 6 Conditions of Approval Timing Responsibility Mitigation /Monitoring Measure 5725 Portola Road PM:Parcel Map PS:Planning Services GP:Grading Pemat BP:Building Pemtit BS:Building Services TO:Temporary Occupancy FD:Fire Deparbnent Tentative Parcel Map 2001-0019 FO:Final Occupancy PD:PoliceDepartnent Pl:Public Improvement; CE:City Engineer WW:Wastewater CA:City Attorney AMWC:Atascadero Mutual Water Corryany 9. A parcel 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 approval in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. Engineering Conditions: 10. The applicant shall attempt to work with the easement FM CE holders of the driveway to the north of the project to share access on the existing driveway. 11. If a shared access can not be coordinated, the FM CE applicant shall design and construct the driveway in coordination with the property to the east and the north (next to Portola Road). The driveway must be designed not to confuse or endanger the public. The access off Portola Road and at the end of the driveway must be designed and constructed to City standards. STANDARD CONDITIONS 12. All public Improvements shall be constructed or bonded for in conformance with the City Of Atascadero Engineering Department Standard Specifications and Drawings or as approved by the City Engineer prior to final map. 13. The applicant shall enter into a Plan Check/Inspection BP CE agreement with the City. 14. The applicant shall be responsible for the relocation and/or BP CE alteration of existing utilities. 15. Concentrated or modified drainage shall cross lot lines only BP CE where a drainage easement has been provided. Drainage from off-site areas shall be conveyed across the project site in drainage easements. 16. 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 17. The applicant shall monument all property corners for Ongoing CE construction control and shall promptly replace them if disturbed. City of Atascadero Resolution No.2001-040 Page 7 Conditions of Approval Timing Responsibility Mitigation /Monitoring Measure 5725 Portola Road PM.Parcel Map PS:Planning Services GP:Grading Permit BP:Building Permit BS:Building Services TO:Temporary Occupancy FD:Fire Departrnent Tentative Parcel Map 2001-0019 F0:Final Occupancy PD:Police Departrnerd Pl:Public IrnpDvements CE:City Engineer WW:Wastewater CA:City At[omey AMWC:Atascadero Mutual Waw Company 18. A preliminary subdivision guarantee shall be submitted for FM CE review in conjunction with the processing of the parcel map. 19. 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. 20. 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. 21. 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. 22. Prior to recording the parcel map, the applicant shall pay all FM CE outstanding plan check/inspection fees. 23. Prior to recording the parcel map, the applicant shall have FM CE 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. 24. 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. 25. Prior to recording the parcel map, the applicant shall FM complete all improvements required by these conditions of approval Fire Marshal Conditions 26. The project shall provide an approved fire department turn- BP FD around. The tum-around shall be located within 150 feet of City of Atascadero Resolution No.2001-040 Page 8 Conditions of Approval Timing Responsibility Mitigation /Monitoring Measure 5T25 Portola Road PM.Parcel Map PS:Planning Services GP:Grading Permit g BP:Building Permit BS:Building Services TO:Temporary Occupancy FD:Fire Department Tentative Parcel Map 2001-0019 F0:Final Occupancy PD:Police Departrnent PI:Public Improvements CE:City Engineer WW:Wastewater CA City Attorney AMWC:Atascadero Mutual Water Company the perimeter of either structure. Atascadero Mutual Water Company(AMWC): 27. 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. 28. Prior to recording the parcel map the applicant shall obtain a FM AMWC "Will Serve"letter from Atascadero Mutual Water Company. 29. 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.