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HomeMy WebLinkAboutResolution 2001-043 RESOLUTION NO. 2001-043 A RESOLUTION OF THE ATASCADERO CITY COUNCIL APPROVING AN AMENDMENT TO THE MASTER PLAN OF DEVELOPMENT FOR THE PD-15 OVERLAY ZONING DISTRICT. (CUP 2001-0040) (3900 Traffic Way / Shores) WHEREAS, an application has been received from Jim Shores (PO Box 216, Atascadero, CA 93422) Applicant and Property Owner to consider a project consisting of a Zone Change (ZCH 2001-0015) of 0.75 acres from L/PD-15 (Recreation) to LS/PD-15 (Special Recreation), amendment of the Master Plan of Development for Planned Development 15 to relocate three building sites outside of jurisdictional wetlands (CUP 2001-0040), and the amendment of Phase III of Tract Map 2317 to change the location of lots consistent with the Master Plan of Development and create three additional lots (TTM 98013). The project is located at 3900 Traffic Way (APN 049-033-021); and, WHEREAS,the site's General Plan Designation is REC (Recreation); and, WHEREAS, the site's current zoning district is "L/PD-15"; and, WHEREAS, the Planning Commission has recommended that a portion of the site be rezoned to "LS /PD-15" which allows single family residential uses in conjunction with 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 Master Plan of Development Amendment 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 duly noticed Public Hearing held on August 21, 2001, studied and considered the Master Plan of Development(CUP 2000-0040), after first studying and considering re-certification of Mitigated Negative Declaration 99029 recommended the project for approval to the City Council, and WHEREAS,the Atascadero City Council, at a duly noticed Public Hearing held on November 13, 2001, studied and considered the Master Plan of Development(CUP 2000-0040), after first studying and considering re-certification of Mitigated Negative Declaration 99029, 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 City of Atascadero Resolution No.2001-043 Page 2 Appearance Review Manual; and, 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) including the PD-15 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 November 13, 2001, resolved to approve the amendment of the Master Plan of Development (CUP 2000-0040) subject to the following: 1. EXHIBIT A: Conditions of Approval 2. EXHIBIT B: PD-15 Master Plan of Development: Overall Site Plan 3. EXHIBIT C: PD-15 Phase III Master Plan of Development: Detailed Site Plan 4. EXHIBIT D: Arborist Report: Tree Protection Recommendations 5. EXHIBIT E: Typical Elevations and Typical Floor Plans 6. EXHIBIT F: Typical Stem Wall Foundation Construction Detail (Lots 5, 6, 7 and 8 only) On motion by Council Member Johnson and seconded by Council Member Clay, 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: November 13, 2001 By . Michael Arrambide, Mayor City of Atascadero Resolution No.2001-043 Page 3 Attest: ' Marcia McClure Torgerson, Cit lerk Approved as to form: (4:�6 FG A Roy )Hanley, City?rney City of Atascadero Resolution No.2001-043 Page 4 EXHIBIT A:Conditions of Approval PD-15 Master Plan of Development Amendment(CUP 2001-0040) Conditions of Approval/Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure Traffic WayCluster Subdivision/PD-15 FM:FinalMap GP:Grading Permit PS:Planning Services Master Plan Of Development Amendment BP:Building Pemit BS:Building Services TO:Temporary Occupancy FD:Fire Departrnent CUP 2001-0040 FI:Fined Inspection PD:PoliceDepartrnent PI:Public Improvements CE:City Engineer WW:Wastewater CA:City Attorney AMWC:Atascadero Mutual Water Company Planning Services 1. The approval of this Master Plan of Development shall On going PS become final and effective following the end of the referendum period for Zone Change 2000-0015(Rezone to LS/PD-15). 2. Approval of this Master Plan of Development Amendment On going PS shall be valid concurrently with the life of Tentative Tract Map 98013 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 On going PS authority to approve minor changes to the project to(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 Maps and construction permits On going PS shall be consistent with the Master Plan of Development contained herein. 5. All exterior elevations,finish materials and colors for houses BP PS located on Lots 5,6 and 7shall be consistent with the Master Plan of Development as shown in Exhibit D and E. Each of the three houses shall have a unique appearance. 6. All site work,grading,site improvements,and general GP/BP PS building pad locations shall be consistent with the Master Plan of Development as shown in Exhibit C. 7. All site development shall be consistent with the maximum BP PS intensities described in the statistical project summary as shown on Exhibit C. 8. All design and location of all yard and habitat shall be BP/Fl PS consistent with the Master Plan of Development. All fencing shall be installed in conjunction with each house. Fencing along the wetlands preserve shall be transparent and decorative and shall not conflict with any sensitive habitat City of Atascadero Resolution No.2001-043 Page 5 Conditions of Approval/Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure Traffic Wa Cluster Subdivision/PD-15 FM:Finall Map PS:Plannin SenAces y GP:Grading Pennft 9 Master Plan of Development Amendment BP:Building Permit BS:Building Services p TO:Temporary Occupancy FD:Fre Department CUP 2001-0040 FI:Final Inspection PD:Police Department PI:Public Improvements CE:City Engineer W.Wastewater CA:City Attxney AMWC:Atascadero MuWal Water Company areas. 9. All required tree protection measures and fencing shall be GP/BP PS installed consistent with the arborist report contained in Exhibit D. 10. Houses constructed on lots 5,6,7 and 8 shall employ a BP PS stem wall foundation technique to minimize site grading impacts consistent with Exhibit F. No filling or cutting shall occur outside of the building foot print and driveway. 11. The rear setback of all units adjacent to the wetlands BP PS preserve shall be 20-feet. 12. Front yard setbacks may be reduced on lots located with in BP PS Phase III with environmental constraints as follows: Front Yards House/Porch 15 feet Loading Garages 18 feet 13. A decorative wood rail fence shall be provided along the BP PS Traffic Way frontage of lots 16, 17, 18,24,and 25. 14. No solid fencing taller than 3 feet in height shall be BP PS constructed within 25 feet of any street frontage. 15. The habitat area shall be fenced with a suitable barb-less BP PS wire fence mounted on wood posts. Weed abatement and required maintenance of the area shall be the responsibility of the subdivision maintenance organization. The habitat area shall be preserved in perpetuity and shall not be used in any other way including livestock grazing. 16. All lots with frontage on Traffic Way shall have a single BP PS shared access point consistent with the Tract Map. Each driveway shall include a 3-point turn around to prevent vehicles from backing onto Traffic Way. 17. All residential dwellings shall be designed and sited to BP PS minimize impacts to existing native trees. Any impacted trees shall be mitigated consistent with the requirements of the Native Tree Ordinance. 18. The park site shall be dedicated to the City of Atascadero. BP PS Prior to any development of the park site the City shall conduct a Phase 11 Archaeological Survey. Significant archaeological features should be incorporated into the design of the park to the extent possible. The City of Atascadero shall prepare a Park Master Plan prior to improvement. Additional environmental review will be required of lighting and parking facilities for active City of Atascadero Resolution No.2001-043 Page 6 Conditions of Approval/Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure Traffic Way Cluster Subdivision/PD-15 FM:FinallMap PS:Planning Services GP:Grading Perrot Master Plan of Development Amendment BP:Building Pemit BS:Building Services TO:Temporary Occupancy FD:Fire Deparbnent CUP 2001-0040 Fl:Fined Inspection PD:Police Depa hent PI:Public Improvements CE:City Engineer WW:Wastewater CA:City Attorney AMWC:Atascadero Mutual Water Company sports features 19. Residential lots with slopes exceeding 10%within Phases BP PS I and II shall be subject to a consolidated precise plan review process concurrently with building permits. City of Atascadero Resolution No.2001-043 Page 7 EXHIBIT B: PD-15 Master Plan of Development Overall Site Plan and Statistics CUP 2001-0040 / Land Use Zoning Acreage Dwelling Density Ave Lot Size High Density Single Family RSF-X(2 du's/ac max) 18.5 acres 38 du's 2.0 du's/ac 0.49 ac / ] ! Park(Public) Recreation 6.4 acres 0 du's Open Space Recreation 5.4 acres 0 du's /yli X ] y E 11!1 l 1 Industrial Industrial 2.7 acres Streets 6.9 acres Total 39.9 acnes 38 du's 0.95 du's/ac X \ _ ��_ I♦ + Y� } - — _q� • � i �` WIIYIL-Nl WlR 1 _...,.__j�:- _ _-....__.- X t ' --'�.; t:. - a'It i' I=y_\I �i V"+Y.• •x.11�.°�' I �, 1 ! � j --� .�'`. r/ / •[ z ] � ? � i�`fi �� i�>� f1Y� �l;i• 1 � 9 f� r�lil�t�t If fylyl $ c 1{ 1 ly 1 w i ' r -�- c°3 �ayp , I � gS - Y �. �gMull X Gsffi w I' �l 1R1 - P:1 , IE 11 I HO I 11151 1 X {{ 5SOrte. ■ F Y l / `� C t i 6 ' R / IKit Qa ,�, ► ��1=Y .► �/ , i � Ie! �-�,�_�.� �'� �� �" �� -�� 11��y��.� Ioff e i X �i X ` 1 Y � i�,�a � � RI Y I \I� � �a�\�� R � 1 � • �� lit y0 ,1� i {Y�� �-.-ice- V Y _ FILE wicx uxc-sri sxca x �S Phase Ill of Master Plan of COPY X Development PD-15 amended i� X with Exhibit C. X , ,t X City of Atascadero Resolution No.2001-043 Page 8 EXHIBIT C: PD-15 Master Plan of Development Phase 111 Site Plan CUP 2001-0040 . iQ+•�• $���T P?_ �. -__ �...� _........PHASE S 1 75 s I t 9' a � I / Nu Iy ' i I 1 I °� VaaVtA / _. T�f 99 fill / 1 �% ,� r I I I ,7°• PHASE 3 g5• I I � / PHAS 2 I• Sz 0 �� I City of Atascadero Resolution No.2001-043 Page 9 EXHIBIT D:Tree Protection Recommendations CUP 2001-0040 F1805/239-1? IVE 1 6 2001 802 PASO ROBLES STREET PASO ROBLES,CALIFORNIA 93439 239-3742 ARBOR TREE SURGERY FILE COPY This arborist report identifies all Oak Trees thought to be possibly impacted during construction and development of Tract 2317—Phase 3 North of the confluence of Del Rio and San Anselmo Roads in Atascadero. All areas concerning the health of the trees will be detailed along with suggested mitigation measures to insure minimal damage during the construction phase occurs. The trees are labeled on the accompanying map and spreadsheet as to 1 (Live Oak number one),to 2(Live Oak number two),etc. The trees are listed/numbered into two distinct areas. The unnamed street extending North from San Anselmo Rd.to Davis Way will be identified as the San Anselmo Rd.extension for the purposes of this report.The first area contains all trees East of the San Anselmo extension. Lo 1 is the tree located at the South East corner of the confluence of San Anselmo Rd.extension and Davis Way. The trees are listed in a clockwise rotation East on Davis Way to the border of Phase 3 then South through lot 8 and West back to the confluence of San Anselmo Rd and Del Rio Rd. The second area,which is West of San Anselmo Rd.extension begins with to 26 which,is located inside the proposed house on lot 13. The trees are listed in a clockwise rotation going south parallel to the San Anselmo Rd.extension then west along Del Rio Rd. The diameter of the trees is listed on the spreadsheet to help with identification relating to tree number. The"compaction avoidance"column identifies trees where compaction problems need to be avoided. Excess soil cannot be placed within the driplines and heavy equipment should not be operated there. The"hand dig footings" column identifies trees where construction is thought to encroach into dripline areas. All digging in these areas should be done by hand and all roots larger than one inch should be left uncut. If their removal is necessary,the cuts should be made by a qualified arborist. If a trench,footing,etc.is left exposed for more than eight hours,wet burlap should then be placed over the exposed roots until the trench is refilled. The"pruning class"column identifies trees suggested to need future pruning. A class one prune has emphasis on aesthetics,removal of dead,dying and weak branches and selective thinning to lesson wind resistance. A class two prune is recommended where aesthetic conditions are secondary to structural integrity and tree health concerns. It shall consist of removal of dead,dying,decaying,interfering,obstructing and weak branches as well as selective thinning to lesson wind resistance.The tree protection column identifies the trees that are recommended to have construction fencing installed at the dripline encompassing the tree(s). If dripline encroachment is inevitable,6-10"of mulch should be placed under the tree to mitigate compaction. The"additional comments"column identifies trees that may be impacted the most. A detailed analysis for each of those trees appear below. Lo 2 is a 36"dbh tree located along Davis Way at the northeast corner of lot 12. According to the,grading and drainage plan,the sewer easement runs through the dripline City of Atascadero Resolution No.2001-043 Page 10 of the tree. The two options to mitigate damage to this tree are 1: re-engineer the septic line out of the dripline or 2: bore underneath the tree at a minimum depth of 36"to avoiding disturbing the absorbing roots at the surface. The second concern for this tree is the roadway will cover approximately 30%of the dripline. The installation of porous pavers in this area would allow for proper gas exchange for the root system. Lo 4 is located north of Davis Way and east of lot 7. Currently, fill from the current construction activity is extending into the dripline. This should be removed immediately out of the dripline. Lo 8 is also located along Davis Way,just east of to 4. Multiple improper pruning cuts have been made to this tree and it is suggested that a qualified arborist return to make proper flush cuts to insure proper healing of the wounds. Lo's 12, 15, 16 and 17 appear in the plans to have their canopies extend into the proposed home on lot 8. There is significant slope on this parcel and the construction for this home may require moderate grading into the bank above the home. Hand digging is suggested. All roots encountered larger than one inch should be hand dug around. Wet burlap should be placed over the roots and kept moist until the back filling is complete if the trench is exposed for more than eight hours. A qualified arborist should perform all the pruning cuts required for these trees. Lo 36 is located just east of the proposed home on lot 10. The foundation within the dripline should be hand dug and all roots encountered larger than one inch in diameter should be dug around. Wet burlap should be placed over the roots and kept moist until back filling is complete if the trench is left exposed for more than eight hours. The canopy will extend into the proposed home and therefore should pruned by a qualified arborist. The canopy reduction on this tree is should not be more than 25%of the canopy per section 11.05 B3 of the Atascadero Tree Ordinance. Lo's 23 and 24 are located just east of the proposed home on lot 11. According to the plans,the house is located only a few feet from the trunk of these two trees. It is . suggested to alter the design of the house or insure a minimum of seven feet of clearance from the trunks. All foundation digging should be hand dug. All roots larger than one inch in diameter should dug around and covered with wet burlap that is kept moist until back filling(if exposed for more than eight hours). All pruning should be performed by a qualified arborist. Lo's 26 and 27 are located on lot 13 at the south-east corner of the proposed home. Both trees are so close to the foundation(less than 2' or within the foundation) that removal is suggested. A tree replacement program for these trees may be necessary. City of Atascadero Resolution No.2001-043 Page 11 The dbh of these two trees is approximately 35",therefore, 10 five gallon replacement trees would need to be planted per the Atascadero Tree Ordinance. Lo's 28-30 are located south of the above home. Dripline encroachment is inevitable and hand digging of the footings is suggested. All roots larger than one inch in diameter should be dug around covered with wet burlap that is kept moist until back filling is complete(if exposed for more than eight hours). Any necessary pruning should be completed by a qualified arborist. Lo's 35-39 are actually one multi-stemmed tree. Minor dripline encroachment will occur during the construction of the home on lot 46. All footings within the dripline should be hand dug. There is a possibility of encountering roots greater than one inch in diameter. They should be dug around. If root cutting is necessary, it should be performed by a qualified arborist. The exposed trench should be re-covered within eight hours or the roots should be covered with wet burlap. Lo's 42-51 are actually one multi-stemmed tree located 1 lot one south-east of the proposed home. Lo's 54, 55 and 56 are also a single multi-stemmed tree located at the northwest corner of the same home. Dripline encroachment when digging the footings will likely encounter roots greater than one inch in diameter. These areas should be hand dug and all roots should be dug around. All pruning of the canopy(s)and or root(s) should be completed by a qualified arborist. Lo's 52 and 53 are located near the driveway entrance for lot 1 and may require pruning for clearance. The branches should be pruned by a professional tree surgeon. To achieve compliance with the preceding recommendations, it is suggested that a monitoring program should be undertaken. During all foundation work,a certified arborist should inspect all dripline encroachment mitigation measures including all canopy pruning cuts and percentages. This would include monitoring compliance with hand digging within the driplines,proper cutting and covering of roots greater than one inch and insuring burlap is being kept wet until back filling is complete (if trenches are left exposed for more than eight hours). Steven G.Alvarez,Arbor Tree Surgery Certified Arborist#0511 Z 14a4A:—5 �-l3 - a/ City of Atascadero Resolution No.2001-043 Page 12 • k �e$S�,� � �, ��i , .. �#.µms, a((« ar 1 fj � aw i cCy� f L 3 R , , � a z< ; - N", City of Atascadero Resolution No.2001-043 Page 13 C'3 d xx YA ^w. a _ V4 o I FT sz� } } `1 � City of Atascadero Resolution No.2001-043 Page 14 Tree protection measures Tree sp and dbh compaction hand dig footings removal requested future class prune tree protection additional comments number avoidance during construct. to 1 48-in dbh yes 2 yes to 2 36-in dbh yes 1 yes sewer system and roadway construction to 3 60-in dbh yes 2 yes to 4 24-in dbh yes 1 yes excess fill in dripline 105 36-in dbh yes 1 yes to 6 18-in dbh yes 1 yes to 7 36-in dbh yes 1 yes 108 48-in dbh yes 1 yes proper pruning needed 109 42-in dbh yes 1 yes 1010 30-in dbh yes 1 yes loll 48-in dbh yes 1 yes to 12 18-in dbh yes yes 1 yes excavation concerns to 13 36-in dbh yes 1 yes Io 14 36-in dbh yes 1 yes Io 15 18-in dbh yes yes 1 yes excavation concerns to 16 18-in dbh yes yes 1 yes excavation concerns to 17 15-in dbh yes yes 1 yes excavation concerns 1018 18-in dbh yes 1 yes 10 19 24-in dbh yes 1 yes to 20 36-in dbh yes 1 yes seasonal pruning recommended Io 21 36-in dbh yes yes 2 yes to 22 10-in dbh yes 1 yes Io 23 24-in dbh yes yes 1 yes severe dripline encroachment to 24 24-in dbh yes yes 1 yes severe dripline encroachment to 25 36-in dbh yes 1 yes Io 26 20-in dbh yes yes 1 Wyes possible removal? to 27 15-in dbh yes yes 1 possible removal? to 28 20-in dbh es 1 assevere dripline encroachment to 29 18-in dbh yes yes 1 as severe dripline encroachment to 30 36-in dbh yes yes 1 severe dripline encroachment Io31 15-in dbh yes yes 1 to 32 15-in dbh yes 1 yes to 33 16-in dbh yes 1 yes dripline encroachment to 34 15-in dbh yes yes 1 yes dripline encroachment to 35 15-in dbh yes yes 1 yes dripline encroachment to 36 15-in dbh yes yes 1 yes dripline encroachment to 37 15-in dbh yes yes 1 yes dripline encroachment to 38 15-in dbh yes yes 1 yes dripline encroachment to 39 15-in dbh yes yes 1 yes dripline encroachment to 40 30-in dbh yes 1 yes to 41 24-in dbh yes 1 yes Io 42 12-in dbh yes yes 1 yes dripline encroachment Io 43 12-in dbh yes yes 1 yes dripline encroachment to 44 12-in dbh yes yes 1 yes dripline encroachment to 45 12-in dbh yes yes 1 yes dripline encroachment to 46 12-in dbh yes yes 1 yes dripline encroachment to 47 12-in dbh yes yes 1 yes dripline encroachment to 48 12-in dbh yes yes 1 yes dripline encroachment to 49 12-in dbh yes yes 1 yes dripline encroachment 1050 12-in dbh yes yes 1 yes dripline encroachment Io 51 12-in dbh yes yes 1 yes dripline encroachment lo52 22-in dbh yes 1 yes to 53 22-in dbh yes 1 yes to 54 20-in dbh yes yes 1 yes to 55 20-in dbh yes yes 1 yes to 56 20-in dbh yes yes 1 yes City of Atascadero Resolution No.2001-043 Page 15 EXHIBIT E:Typical Elevations and Typical Floor Plans(Lots 5,6 and 7 only) PD-15 Master Plan of Development CUP 2001-0040 VSs^� E�VATON �cx�va•.ra i is Garage to be ® located on front elevation Ljwr 91DQ,f 6SY,6 ION •CrV.�V�v14 Each unit will have vlaoNr df_saoTfoN a unique color and trim treatment to provide variation. ® Unit will utilize stem wall - F F construction per Exhibit F fifoFi'f•lfot EL.tVATION. . KiJiYM.rO City of Atascadero Resolution No.2001-043 Page 16 EXHIBIT F:Typical Stem Wall Foundation Construction Detail (Lots 5,6,7 and 8 only) PD-15 Master Plan of Development CUP 2001-0040 r -- 20" MIN. -- - a. AVI$ WA FENCING ai FILL UNDER HOUSE & DRIVEWAY ONLY STEM WALL- CONSTRUCTION EXISTING GROUND WETLANDS TYPICAL GRADING SEC'nON FOR LOTS 5, 6, 7 NOT TO SCALE