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Home My WebLink AboutResolution 2002-006 RESOLUTION NO. 2002-006 A RESOLUTION OF THE ATASCADERO CITY COUNCIL APPROVING CONDITIONAL USE PERMIT 2001-0050, A MASTER PLAN OF DEVELOPMENT FOR THE PD-7 OVERLAY ZONING DISTRICT ON APN 030-461-054 (9385 Musselman Avenue/APN 030-461-054 /Jim Shores) WHEREAS, an application has been received from Jim Shores, PO Box 216, Atascadero, CA 93423, (Applicant), and Raymond Marasse, 9385 Musselman Avenue, Atascadero, CA 93422, (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, a ten-lot residential tentative tract map, and a request to abandon a portion of the Musselman Avenue public right-of-way on APN 030-461-054; 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 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 Public Hearing held on January 15, 2002, studied and considered the Master Plan of Development for Zone Change 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 February 26, 2002, studied and considered the Master Plan of Development(CUP 2001-0050), 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.2002-006 Page 2 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 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 February 26, 2002 resolved to approve the Master Plan of Development(CUP 2000-0050) subject to the following: a) EXHIBIT A: CONDITIONS OF APPROVAL b) EXHIBIT B: Site Plan C) EXHIBIT C: Statistical Summary of Project d) EXHIBIT D: Landscape Plan e) EXHIBIT E: Grading and Drainage Plan f) EXHIBIT F: ELEVATIONS AND EXTERIOR COLORS AND MATERIALS g) EXHIBIT G: FLOOR PLANS 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 City of Atascadero Resolution No.2002-006 Page 3 ABSTAIN: None ABSENT: None ADOPTED: February 26, 2002 By: G Michael Arrambide, Mayor Attest: Marcia McClure Torgerson, City Verk Approved as to form: 'LE ,C, 7W4/I Roy ranley, City Att ney City of Atascadero Resolution No.2002-006 Page 4 Exhibit A: Conditions of Approval CUP 2001-0050: PD-7 Master Plan of Development Conditions of Approval Timing Responsibility CUP 2001-0050 /Monitoring PS:Planning Services Conditions Amended at the 1/15/02 PlanningCommission BL:Business License BS:FiBuildingeDepartment GP:Grading Permit FD:Fire Deparhnent Meeting BP:Building Permit PD:Police Department FI:Final Inspection CE:City Engineer TO:Temporary Occupancy WW:Wastewater F0:Final Occupancy CA:City Attorney 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 2001-0019. 2. Approval of this Master Plan of Development shall be valid BP PS concurrently with the life of Tentative Tract Map 2001-0008 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 BP/FM PS authority to approve minor changes to the project the (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 Tract Maps and construction BP/FM PS permits shall be consistent with the Master Plan of Development contained herein. 5. All exterior elevations, finish materials and colors shall be BP PS consistent with the Master Plan of Development as shown in EXHIBIT. 6. All site development shall be consistent with the maximum BP/FM PS intensities described in the statistical project summary as shown on EXHIBIT. 7. All site work, grading and site improvements shall be BP/FM PS consistent with the Master Plan of Development as shown in EXHIBIT,and EXHIBIT. 8. Native oaks trees shall be preserved and protected during BP PS construction consistent with the Tree Protection Plan prepared for the project (Steve Alvarez, Certified Arborist, August 9,2001) Tree protection shall be in place prior to the City of Atascadero Resolution No.2002-006 Page 5 Conditions of Approval Timing Responsibility CUP 2001-0050 /Monitoring ; PS:Planning Services Conditions Amended at the 1/15/02 PlanningCommission BL:Business License BS:Building Services GP:Grading Permit FD:Fire Departinent Meeting BP:Building Pemtit PD:Police Depa tnent FI:Final Inspection CE:City Engineer TO:Tenporary Occupancy WW:Wastewater F0:Final Occupancy CA:City Attorney issuance of any construction permits. 9. Pervious pavers shall replace traditional paving in the area shown below: -- = 1 3 A Ir" 10. A final landscape and irrigation plan shall be approved prior BP PS to the issuance of building permits and included as part of site improvement plan. All exterior meters, air conditioning units and mechanical equipment shall be screened with landscape material. 11. Tree Mitigation:$2,200.00 Tree Mitigation Fee Evergreen Native Trees(inches) Deciduous Native Trees(inches) Totals dbh notes dbh notes 1 1 4-inches 2 2 4-inches 3 3 4-inches 4 4 4-inches 5 5 4-inches 6 4-inches 7 6-inches 8 6-inches 9 8-inches 10 8-inches 11 8-inches 12 6-inches Total 0-inches Total 68-inches 66-inches Mitigation Requireme$200.00 per 6-in dbh Tree Fund Payment: $ - Tree Fund Payment: $ 2,200.00 $ 2,200.00 The tree mitigation fee shall be paid prior to the issuance of the building permit. City of Atascadero Resolution No.2002-006 Page 6 Conditions of Approval Timing Responsibility CUP 2001-0050 /Monitoring PS:Planning Services Conditions Amended at the 1/15/02 PlanningCommission Business License BS:Building Services es GGPP:Grading Permit FD:Fre Department Meeting BP:Building Pemit PD:Police Department FI:Final Inspection CE:City Engineer TO:Temporary Occupancy WW:Wastewater FO:Final Occupancy CA:City Attorney 12. One five-gallon native oak tree shall be planted on Lot FO PS 1 through Lot 9. 13. Architectural upgrades shall be provided on the front BP PS and side elevations of the exterior elevations for Scheme 4 and 5. The upgrades shall include a stone veneer or brick wainscot along the front and visible portions of the side elevations. 14. A defined porch feature and a secondary color BP PS element shall be provided for Scheme 4. 15. The public pedestrian access to Heilmann Park shall be BP PS reviewed and approved by the County Parks Department prior to the issuance of the public improvement permits for the project. 16. The wall around the retention basin shall not exceed 2- BP PS feet in height and shall be constructed with decorative materials. -end of conditions- City of Atascadero Resolution No.2002-006 Page 7 EXHIBIT B:Site Plan CUP 2001-0050: PD-7 Master Plan of Development s _........ __ y � »s ��yy y � S ..amu 0 6 I IX 4 8.}p 7 IiAF(P,NF laW awMawi n'. Y City of Atascadero Resolution No.2002-006 Page 8 EXHIBIT C:Statistical Summary of Project CUP 2001-0050: PD-7 Master Plan of Development 1=Im Em "In Lot Area 5561 4531 4494 6166 4668 4121 4735 6265 5058 16115 Building Footprint(s.f.) 1461 1461 1461 1282 1282 1282 1461 1461 1461 1732 (not to exceed 35%) 26% 32% 33% 20% 27% 31% 31 23% 29% 10% Landscaped Area(s.f.) 2634 1866 1987 3878 2305 1642 1925 2655 2477 12000 (minimum 40%) 47% 41% 44% 63% 49% 40% 41 42% 49% 74% Covered Parking 2 spaces 1 2 spaces 1 2 spaces 2 spaces 2 spaces 1 2 spaces 2 spacesl 2 spaces 2 spaces 2 spaces Guest Parking 1 space 1 1 spacel 1 space 1 space 1 space 1 1 spacel 1 spacel 1 space 1 space 1 space City of Atascadero Resolution No.2002-006 Page 9 EXHIBIT D:Landscape Plan CUP 2001-0050: PD-7 Master Plan of Development • A �t"�.. •"`�..`\ "`�.: �.' E'•S'kftFET '•+....:,.,-• -.,.,_. '�`-„..,, �, � � 1. LOT 3-. '#,•+- ''+•° ' LWT - r �'• � l LOT �. t LOT T J LOTMill f�`a�F:•. „) '.. {k, PLANT SYMDK Lk-MD vwm "AN OW Ow. as> NNW ftw om aures rR rrN ,rry a OWL .WL 7 s�ia 7M r 1fM ;j/'�j! 10MMN AIf�MWI1M it f 144 COVOS r City of Ataseadero Resolution No.2002-006 Page 10 EXHIBIT E:Grading and Drainage Plan CUP 2001-0050: PD-7 Master Plan of Development HOAAN PARK so IL } wrswwM(rtrwp�M � .. -. his �r .- ► � ,. FF 1 - I bt City of Atascadero Resolution No.2002-006 Page 11 EXHIBIT F:ELEVATIONS AND COLOR AND MATERIALS CUP 2001-0050: PD-7 Master Plan of Development '4T R-A R 14!t1u-ikiv Li,1 6 4N ........... .............. xf, s. 0— 0 via, xiyw'� City of Atascadero Resolution No.2002-006 Page 12 EXHIBIT G:FLOOR PLANS CUP 2001-0050: PD-7 Master Plan of Development � f Ll Ti h T� r l � S ' Floor Plan Schemes 1 through 3 I I s 1i t i 1 3+- Floor Plan Schemes 4 and 5