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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. ' I N MYS�111i' ArF1�l1=I�N� - M•�rs yt.�n4w ih i ��'� �, _.. �• t� u.mom! s�`ti EXHIBIT B:Site Plan '.!'. •*. .«'`''.� �- *?, 4 L! `�fyG S�^f�Y'4Qi .�yl�yiM1 i 1 �_r a 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 1�€��If a liteilk 01 'gei �p tIl all Native plants and K �� kll t - oak tree replacement along creek frontage. i j k.. 0 s s yp ;- . -- - � � M er; 5� ` {{ 1 (" itrtHil. 11" ill � �» � � AMS� { I tlui I t a till tap1A x 'cx 1� � `11I.M :r MB . [ r.� "-ICY g$ alb*� � p 'itt all. YR " All aiti rL r { f tl LANDSCIAPE PLAN *� --LOT*W A4 ATMOAMO COLONYi � � ATASC^DERO. CA. '-.. City of Atascadero Resolution No.2001-049 Page 13 EXHIBIT E:Grading and Drainage Plan ti 1 1 li 4 } 1 i ri t �'� 1'�`•. S� .:�' N a 1 r 7 7h li i I( 11 #�r ! h � 1 17 FJ {u No fill pads allowed for yards and building ' r�k ,, ( foundations. n II E" JIM I - 1 •� f. ; z { ! City of Atascadero Resolution No.2001-049 Page 14 EXHIBIT F: Conceptual Utility Plan ? i2i1<0 13 r . " T. tq Lk c.� + I d 1 •` Jf i 01 �..,. >+11 ` _ 1 .J.'�-Mt Nr�w�'f�N€.�� , •' '� J :I i S. i ,/wr �....��Y �F"�':5'}> .��.�.'•� �y\lt v � 1� it ..� �I ��1 . . i _ to - Y.-� ■ City of Atascadero Resolution No.2001-049 Page 15 EXHIBIT G: ELEVATIONS AND FLOOR PLANS ! E � 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 Aft w IA I� ��ill Illi; 'ilul�l�ii Ili'f�,l�l SII�Il�ll ��,a.i�frx�q �i'kScak€'W+ y a.. y % , 3-93 hlesa Tan ,, - a z X SRF!tC F4t€ to(BASE i0t3'? 97 Ph �ktC SA1t#3jEE ) �yY 1 PI i 9i i i � L7 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