HomeMy WebLinkAboutResolution 2001-049 RESOLUTION NO. 2001-049
A RESOLUTION OF THE ATASCADERO
CITY COUNCIL APPROVING A MASTER PLAN OF DEVELOPMENT
(CONDITIONAL USE PERMIT 2001-0048) FOR A PD-7 OVERLAY ZONE
OF APN 030-201-001 AND 002
(6555 ATASCADERO AVENUE / SHORES)
WHEREAS, an application has been received from Jimmie D. Shores (PO Box 216,
Atascadero, CA 93423) Applicant and Property Owner to consider a project consisting of a Zone
Change from RMF-10 (Residential Multi-Family) to RMF-10 / PD-7 (Residential Multi-Family
with Planned Development Overlay#7) with the adoption of a Master Plan of Development, and
a seven lot residential Tentative Tract Map on APN 030-201-001 and 002; and,
WHEREAS, the site's General Plan Designation is LDMF (Low Density Multi-Family;
and,
WHEREAS,the site's current zoning district is RMF-10 (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 duly noticed
Public Hearing held on Tuesday, November 6, 2001, studied and considered the Master Plan of
Development (CUP 2001-0048), after first studying and considering the Proposed Mitigated
Negative Declaration prepared for the project recommended approval of the project, and
WHEREAS, the Atascadero City Council, at a duly noticed Public Hearing held on
Tuesday, December 11, 2001, studied and considered the Master Plan of Development (CUP
2001-0048), after first studying and considering the Proposed Mitigated Negative Declaration,
and
NOW, THEREFORE, the City Council takes the following actions:
SECTION 1. Findings for Approval of Master Plan of Development. The City
Council finds as follows:
City of Atascadero
Resolution No.2001-049
Page 2
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 December 11, 2001, approved the Master Plan of Development (CUP 2001-0048) subject to
the following:
1. EXHIBIT A: Conditions of Approval/Mitigation Monitoring Program
2. EXHIBIT B: Site Plan
3. EXHIBIT C: Statistical Summary of Project
4. EXHIBIT D: Landscape Plan
5. EXHIBIT E: Grading and Drainage Plan
6. EXHIBIT F: Utility Plan
7. EXHIBIT G: Elevations and Floor Plans
8. EXHIBIT H: Exterior Colors and Materials
9. EXHIBIT I: Arborist Report
City of Atascadero
Resolution No.2001-049
Page 3
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, Luna and Mayor Arrambide
NOES: None
ABSTAIN: None
ABSENT: Council Member Scalise
ADOPTED: December 11, 2001
c
ZB
Michael Arrambide, Mayor
Attest:
CGSP01—
Marcia McClure Torgerson, City Cler
Approved as to form:
Roy ,. anley, City Atto
City of Atascadero
Resolution No.2001-049
Page 4
EXHIBIT A:Conditions of Approval/Mitigation Monitoring Program
PD-7 Master Plan of Development(CUP 2001-0048)
Conditions of Approval/ Timing Responsibility Mitigation
Mitigation Monitoring Program /Monitoring Measure
PS:Planning Services
BL:Business License BS:Building Services
6555 Atascadero Avenue GP:Grading Permit FD:Fire Department
BP:Building Permit PD:Police Departrnent
PD-7 Master Plan of Development FI:Fined Inspeclion CE:City Engineer
TO:Temporary Occupancy WW:Wastewater
CUP 2001-0048 F0:Final Occupancy Ca:Co Altomey
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 2001-0014.
2. Approval of this Master Plan of Development shall be FM PS
valid concurrently with the life of Tentative Tract Map
2001-0007 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. Changes to the Master Plan of Development shall be On-going PS
approved by the Planning Commission and do not require
Council action.
4. The Community Development Department shall have BP/FM PS
the authority to approve the following minor changes to
the project the(1)modify the site plan 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.
5. All subsequent Tentative Tract Maps and construction BP/FM PS
permits shall be consistent with the Master Plan of
Development contained herein.
6. All exterior elevations,finish materials and colors shall BP PS
be consistent with the Master Plan of Development as
shown in EXHIBIT G and EXHIBIT H with the following
modifications.
a. Minimum 5-foot setback required from leading edge
of column to garage.
b. Wood siding and masonry base treatment required
along all street and driveway frontages. A 2-foot
material return is required at all corners.
City of Atascadero
Resolution No.2001-049
Page 5
Conditions of Approval/ riming Responsibility Mitigation
Mitigation Monitoring Program /Monitoring Measure
PS:Planning Services
BL:Business License BS:Building Services
6555 Atascadero Avenue GP:Grading Permit FD:Fire Department
BP:Building Permit PD:Police Department
PD-7 Master Plan of Development Fl:Find Inspection CE:City Engineer
TO:Temporary Occupancy WW:Wastewater
CUP 2001-0048 FO:Final Occupancy CA:atyAttorney
7. All site development shall be consistent with the BP/FM PS
maximum intensities described in the statistical project
summary as shown on EXHIBIT C.
8. 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.
9. Native oaks trees shall be preserved and protected BP PS
during construction unless approved for removal.
Prior to permit issuance,a Tree Protection Plan shall be
prepared for the project by a certified arborist and
approved by Planning Services. Tree protection shall be
in place prior to the issuance of any construction permits
and the arborist shall be under contract to monitor tree
protection.
10. A final landscape and irrigation plan shall be approved BP PS
prior to the issuance of building permits and included as
part of site improvement plan consistent with EXHIBIT D.
All exterior meters,air conditioning units and mechanical
equipment shall be screened with landscape material.
The landscape plan shall be consistent with all applicable
mitigation measures include 4.b.2.
11. All project fencing shall be installed consistent with BP PS
EXHIBIT D subject to the following modifications.
a. The yards adjacent to Atascadero Avenue shall be
not be enclosed with any fencing which exceeds 3-
feet in height.
b. No fences in the rear yards adjoining Atascadero
Creek shall exceed 3-feet in height.
c. The design of the all fencing shall be compatible with
the overall project design.
12. A 6-foot wide pedestrian access shall be dedicated to the GP PS
City with a 4-foot wide decomposed granite walking BP
pathway shall be provided along the entire property line FM
fronting Atascadero Creek.
Mitigation Measures
13. The project shall comply with all applicable District GP PS 3.b.1
regulations pertaining to the control of fugitive dust(PM-
10)as contained in section 6.4 of Air Quality Handbook.
All site grading and demolition plans notes shall list the
City of Atascadero
Resolution No.2001-049
Page 6
Conditions of Approval/ Timing Responsibility Mitigation
Mitigation Monitoring Program /Monitoring Measure
PS:Planning Services
BL:Business License BS:Building Services
6555 Atascadero Avenue GP:Grading Permit FD:Fire Deparbnent
BP:Building Permit PD:Police Deparlmerd
PD-7 Master Plan of Development Fl:Fined Inspecdon CE:City Engineer
TO:Temporary Occupancy WW:Wastewater
CUP 2001-0048 FO:Final Occupancy CA:City Attorney
following regulations:
a.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.
b.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.
c.All material transported off-site shall be either
sufficiently watered or securely covered to prevent
excessive amounts of dust.
Cl.The area disturbed by clearing,grading, earth
moving,or excavation operations shall be
minimized so as to prevent excessive amounts of
dust.
e.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.
f. 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.
g.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.
h.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.
i. On-site vehicle speed shall be limited to 15 mph for
any unpaved surface.
j. All unpaved areas with vehicle traffic shall be watered
at least twice per day, using non-potable water.
k.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.
I. Wheel washers may be required when significant
offsite import or export of fill is involved.
14. No additional fill shall be added at the rear of lots 1 GP PS 4.1b.1.
and 4.
15. The rear yards of lots 1 and 4 shall be landscaped BP PS 4.b.2.
with native plants that are compatible with the creek
City of Atascadero
Resolution No.2001-049
Page 7
Conditions of Approval/ Timing Responsibility Mitigation
Mitigation Monitoring Program /Monitoring Measure
PS:Planning Services
BL:Business License BS:Building Services
6555 Atascadero Avenue GP:Grading Permit FD:Fire Department
BP:Building Permit PD:Police Department
PD-7 Master Plan of Development FI:Final Inspection CE:City Engineer
TO:Temporary Occupancy WW:Wastewater
CUP 2001-0048 FO:Final Occupancy Ca city Attorney
environment.- Turf areas shall be limited to 50%of the
rear yards of lots 1 and 4.
16. Habitat protection fencing with silt barriers shall be GP PS 4.b.3.
installed along the edge of the creek reservation prior to
issuance of building permits.
17. All tree protection measures and tree removals shall GP PS 4.e.1.
be consistent with the recommendations of a certified
arborist as shown in Exhibit I.
18. Native tree removals shall be mitigated according the GP PS 4.e.2.
to the following table. The mitigation shall be in the
form of on-site tree replanting. The majority of the
replacement oak trees shall be planted along and within
the creek reservation.
Evergreen Native Trees(inches) Deciduous Native Trees(inches) Totals
dbh notes dbh notes
1 4-inches live oak 1 14-inches white oak
2 2 8-inches white oak
3 3 5-inches white oak
4 4 7-inches white oak
5 5 5-inches white oak
6 7-inches white oak
7 4-inches white oak
6 8 8-inches white oak
Total 4-inches Total 58-inches 62-inches
Mitigation Requirement
req'd tree replacements: 1 five gal trees req'd tree replacements: 19 five gal trees 20 five gal trees
Proposed Replanting 0 five gal trees Proposed Replanting 0 five gal trees 0 five gal trees
0 box trees(24") 0 box trees(24") 0 box trees(24")
Remaining Mitigation 1 five gal trees Remaining Mitigation 19 five gal trees 20 five gal trees
19. In the event of the accidental discovery or recognition of GP PS 5.b.1.
human remains in any location the following actions shall BP
be taken:
a. There shall be no further excavation or disturbance of
the site or any nearby area reasonably suspected to
overlie adjacent human remains until:
b. The San Luis Obispo County Coroner is contacted to
determine that no investigation of the cause of death
is required, and
c. If the coroner identifies the remains to be native
American, the coroner shall contact the Native
American Heritage Commission. The Native
City of Ataseadero
Resolution No.2001-049
Page 8
Conditions of Approval/ Timing Responsibility Mitigation
Mitigation Monitoring Program /Monitoring Measure
PS:Planning Services
BL:Business License BS:Building Services
6555 Atascadero Avenue GP:Grading Permit FD:Fire Departrnent
BP:Building Permit PD:Police Department
PD-7 Master Plan of Development Fl:Final Inspection CE:City Engineer
TO:Temporary Occupancy WW:Wastewater
CUP 2001.0048 F0:Final Occupancy CA CityMlomey
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, 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.
20. In the event archeological resources are unearthed or GP PS 5.b.2.
discovered during any construction activities,the BP
following standards apply:
a. Construction activities shall cease and the Planning
Department shall be notified so that the extent and
location of discovered materials may be recorded
by a qualified archeologist and disposition of
artifacts may be accomplished in accordance with
state and federal law.
21. The storm water filtration and detention basin shall be GP PS 8.a.1.
designed and installed maintain historic off-site peak BP
flows and filter sedimentation and pollutants prior to
release into the creek.
22. All residential dwellings shall be constructed a GP PS. 8.g.1
minimum of 1-foot above the 100-year flood plain. BP
Certified pad elevations shall be submitted to the
Building Department for approval prior to the issuance
of building permits.
City of Atascadero
Resolution No.2001-049
Page 9
Conditions of Approval/ Timing Responsibility Mitigation
Mitigation Monitoring Program /Monitoring Measure
PS:Planning Services
BL:Business License BS:Building Services
6555 Atascadero Avenue GP:Grading Permit FD:FireDepartnent
BP:Building Pennit PD:Police Depatrnent
PD-7 Master Plan of Development FI:Final Inspection CE:City Engineer
TO:Temporary Occupancy W.wastewater
CUP 2001-0048 FO:Final Occupancy CA:City Attorney
Fire Marshal
23. All common driveway shall be marked with red curbs BP FM
and no parking signage as required by the Fire Marshal.
24. Each dwelling shall have an approved lighted address BP FM
sign attached to the structure.
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EXHIBIT B:Site Plan
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City of Atascadero
Resolution No.2001-049
Page 11
EXHIBIT Q Statistical Summary of Project
Proposed Project Summary
Kom
Lot Area 5073 sf 5754 sf 5380 sf 7916 sf 5225 sf 5000 sf 9558 sf
Building Footprint 1509 sf 1509 sf 1509 sf 1509 sf 1509 sf 1509 sf 2000 sf
(not to exceed 35%) 30% 26% 28% 19% 29% 30% 21%
Landscaped Area 2630 sf 2796 sf 2190 sf 5060 sf 2920 sf 2929 sf 5500 sf
(minimum 40%) 52% 49% 41% 64% 56% 59% 58%
Covered Parking 2 spaces 2 spaces 2 spaces 2 spaces 2 spaces 2 spaces 2 spaces
Guest Parking 2 spaces 2 spaces 2 spaces 2 spaces 2 spaces 2 spaces 2 spaces
City of Atascadero
Resolution No.2001-049
Page 12
EXHIBIT D:Landscape Plan
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'gei �p tIl all
Native plants and
K �� kll t - oak tree replacement
along creek frontage.
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LANDSCIAPE PLAN
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City of Atascadero
Resolution No.2001-049
Page 13
EXHIBIT E:Grading and Drainage Plan
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for yards and building
' r�k ,, ( foundations.
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City of Atascadero
Resolution No.2001-049
Page 14
EXHIBIT F: Conceptual Utility Plan
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City of Atascadero
Resolution No.2001-049
Page 15
EXHIBIT G: ELEVATIONS AND FLOOR PLANS
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inimum 5-foot
Aback required
om leading edge i' I
column to 8
irage.
,
al
1x
i ;
Wood siding and , L
masonry base i
treatment required ~
along all street i
and driveway
frontages. A 2- !'
foot material
return is required
at all corners.
City of Atascadero
Resolution No.2001-049
Page 16
EXHIBIT H: EXTERIOR COLORS AND MATERIALS PALETTE
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City of Atascadero
Resolution No.2001-049
Page 17
EXHIBIT I:ARBORIST REPORT
802 PASO ROBLES STREET PASO ROBLES,CALIFORNIA 93446 805/239-1239 FAX 805/239.3742
ARBOR RECEIVE®
TREE SURGERY
NOV 3 2001
August 9.2001 1 COMMUNITY DEVELOPMENT
To Whom It May Concern:
This report is in regards to the new construction planned for the northeastern corner
of Atascadero avenue and Santa Ynez avenue in the city of Atascadero,lot 1&2 block A-
B Atascadero Colony. All statements made in this report are in regards to oak trees that
may be impacted from construction.
After reviewing the property and site plan several mitigation measures must be
followed to insure minimal damage to the trees.
1. Fencing: Must be a minimum of 4' high,chain link,snow or safety fence,
staked at the drip-line or line of encroachment for each tree or group of trees.
Fence must be up before any construction or earth moving begins. For areas
where this is not possible,aeration of the soil (after development is complete)
shall be required.
2. Soil Aeration Methods: Soils under the drip-lines that have been compacted
by heavy equipment and/or construction activities must be returned to their
original state before all work is completed. Methods include water jetting,
adding organic matter,boring small holes with an auger(19"deep,2-3' apart
with a—24"auger)and moderate amounts of nitrogen fertilizer applied.
3. Chip Mulch: All areas(under the drip-lines of the trees) to be cut and all
areas that cannot be fenced shall receive a 4-6"deep layer of chip mulch to
retain moisture,soil structure and reduce the affects of compaction.
4. Trenching within the Drip-liue: All trenching done under the drip-lines of
trees shall be hand-dug,augured or bored,and all roots larger then one inch
must be cleanly cut by someone who is trained in root pruning with proper
hand tools. Wet burlap must be placed over any exposed roots until the trench
is refilled. Backhoe operator need to pay special attention to not injure any
roots.
5. Grading with the Dritr Line- Grading in excess of 1'in depth shall not
encroach within the following setback areas of the trees:
Trunk Diameter Set-back for Grading
4„-12” 5'
13"-24 10'
24„-36 15'
37”and larger_ 20'
6. Pruning Within the Drip-line- All pruning shall be done according to adopted
ISA standards.
City of Atascadero
Resolution No.2001-049
Page 18
Am 802 PASO ROBLES STREET PASO ROBLES,CALIFORMA 93446 806/23971239 FAX 805/239-3742
TREE SURGERY
7. Paving Within the Drip-Line: Porous pavers("turlblock",brick,ect.May be
required under the drip-lines unless paving area atlrects less than 25%of the
drip-line.
8. Landscaping Within the Driv-Line: Landscape planes for any proposed
plantings under the drip-line are required. It is the intent to discourage any
planting that requires irrigation,as this.practice has been know to kill
maturenative trees. Planting of drought tolerant species is encouraged.
A replacement program for the zemoved trees will need to be made. See attached copy of
Atascadero's Tree Standards and Guidelines,chapter 8.
. Special care needs to be made to trees not on the site but where their drip-line
encroaches the site,one south east of parcel 6 and one north of parcel 5,the above
mitigation plan is the same for these trees.
Sincerely,
Steven G.Alvarez,Certified Arborist 410511
Arbor Tree Service