Loading...
HomeMy WebLinkAboutResolution 2002-008 RESOLUTION NO. 2002-008 A RESOLUTION OF THE CITY COUNCIL APPROVING TENTATIVE TRACT MAP 2001-0008 THEREBY ALLOWING A TEN LOT RESIDENTIAL SUBDIVISION OF APN 030-461- 054 CONSISTENT WITH THE PD-7 MASTER PLAN OF DEVELOPMENT (CUP 2001-0050) (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 with a Master Plan of Development allowing a ten 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 January 15, 2002, approved Tentative Tract Map 2001-0008, 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 Tentative Tract Map 2001-0008, 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.2002-008 Page 2 Section One. Findings of Approval for Tentative Tract Mab, the Atascadero City Council 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#7 Master Plan of Development(CUP 2001-0050). 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. Section 2. Approval. The Atascadero City Council, in a regular session assembled on February 26, 2002, resolved to approve the Tentative Tract Map (TTM 2001-0008) subject to the following: a) Exhibit A: Tentative Tract Map 2001-0008 b) Exhibit B: Conditions of Approval City of Atascadero Resolution No.2002-008 Page 3 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 ABSTAIN: None ABSENT: None ADOPTED: February 26, 2002 t 13 . Michael Arrambide, Mayor Attest: iq C� 2� �- Marcia McClure Torgerson, City Cl rk Approved as to form: Roy 7anley, dty Attor ey City of Ataseadero Resolution No.2002-008 Page 4 Exhibit A:Tentative Tract Map TTM 2001-0008 VESTING TENTATIVE TRACT GAAP TRACT 2444 MPY 06 O 1M 1A96•p00 Cp.6N'I W LHiINt'(d t/61 WIB CWYO.VIAUMA y � � LOT t^ i �.� LOT1—� • ,� �. �� T Y Lor s _ \, �j i r r \`.��j .y��� ®. tA1R111W1��iPfi llil�Et YM ftp. ��Z� �Iwr vlww-..w.w».r .6ti•. City of Ataseadero Resolution No.2002-008 Page 5 EXHIBIT B: Conditions of Approval TTM 2001-0008 Conditions of Approval Timing Responsibility Mitigation /Monitoring Measure 9385 Musselman Avenue PM.Parcel Map GP:Grading Permit PS:Planning Services BP:Building Permit BS:Building Services TO:Temporary Occupancy FD:Fire Department Tentative Tract Map 2001-0008 FO:Final Occupancy PD:Police Department PI:Public Improvements CE:City Engineer WW:Wastewater CA:City Attorney AMWC:Atascadero Mutual Water Company 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. Approval of this Tentative Tract 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. 3. 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. 4. The Tract Map shall be subject to additional fees for park or PM PS recreation purposes (QUIMBY Act) as required by City Ordinance. 5. The applicant shall record CC&R's for the subdivision subject to the review and approval of the City Engineer, City Attorney and Planning Department. The CC&R's shall identify the maintenance responsibilities of all private driveways, sewer facilities, drainage facilities, common parking areas, site lighting, landscape areas, fencing, and other common facilities. The CC&R's shall also state that each unit shall have no more than three bedrooms and that all exterior colors, exterior materials, and yard fencing shall be consistent with the overall master plan of development. 6. The granting of this entitlement shall apply to the property On going PS located at 9331-9351 Musselman Drive (APN 030-461-047 and APN 030-461-049)regardless of owner. 7. Pervious pavers shall replace traditional paving in the area PI PS shown below: City of Atascadero Resolution No.2002-008 Page 6 Conditions of Approval Timing Responsibility Mitigation /Monitoring Measure 9385 Musselman Avenue PM.Parcel Map PS:PlanningServioes GP:Grading Permit BP:Building Permit BS:Building Services TO:Temporary Occupancy FD:Fire Department Tentative Tract Map 2001-0008 F0:Final Occupancy PD:Police Department PI:Public Improvements CE:City Engineer WW:Wastewater CA City Attorney AMWC:Atascadero Mutual Water Company it 8. The subdivider shall defend, indemnify, and hold harmless Ongoing CA the City of Atascadero or its agents,officers,and employees against any claim or action brought to challenge an approval by the city,or any of its entities,concerning the subdivision 9. A tract 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: PROJECT SPECIFIC CONDITIONS 10. A complete hydrology report supporting the stormwater GP CE collection/treatment/disposal design will be required prior to Grading Permit approval. 11. Street Improvement plans shall incorporate design of PI CE handicap access to the new path from the sidewalk on Mussellman Ave. SANITARY SEWER CONDITIONS 12. All sewer facilities within the project boundary shall remain Ongoing WW private and shall not become a part of the City. 13. Applicant shall submit maintenance agreements for all FM WW sewer mains within the project boundary for review and approval by the City Attorney and the City Engineer. 14. Newly created lots are subject to the payment of sewer FM WW extension fees City of Atascadero Resolution No.2002-008 Page 7 Conditions of Approval Timing Responsibility Mitigation /Monitoring Measure 9385 Musselman Avenue PM.Parcel Map GP:Grading Perrot PS:Planning Services BP:Building Pemit BS:Building Ser*es TO:Temporary Occupancy FD:Fire Deparhnent Tentative Tract Map 2001-0008 FO:Final Occupancy PD:Police Department PI:Public Improvements CE:City Engineer WW:Wastewater CA CityAtiomey AMWC:Atascadero Mutual Water Company 15. Sanitary Sewer main extension plans shall be submitted for BP WW review and approval by the Public Works Department prior to the start of construction. Plans shall include a profile view of all sewer mainlines. Elevations and stationing on new plans shall conform to elevation and stationing on existing city approved plans. STANDARD CONDITIONS 16. All public improvements shall be constructed in conformance FM CE with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 17. In the event that the applicant is allowed to bond for the public improvements required as a condition of this map,the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 18. An engineers estimate of probable cost shall be submitted for review and approval by the City Engineer to determine the amount of the bond. 19. The Subdivision Improvement Agreement shall record concurrently with the Final Map. 20. The applicant shall enter into a Plan Check/Inspection agreement with the City. 21. The applicant shall be responsible for the relocation and/or alteration of existing utilities. 22. The applicant shall install all new utilities (water, gas, electric, cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 23. The applicant shall monument all property corners for construction control and shall promptly replace them if disturbed. 24. The applicant shall acquire title interest in any off-site land that may be required to allow for the construction of the improvements. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress and egress is affected by these improvements. 25. Slope easements shall be provided as needed to City of Atascadero Resolution No.2002-008 Page 8 Conditions of Approval Timing Responsibility Mitigation /Monitoring Measure 9385 Musselman Avenue PM:Parcel Map PS:Planning SenAces GP:Grading Permit BP:Building Permit BS:Building Servim TO:Temporary Occupancy FD:Fre Department Tentative Tract Map 2001-0008 F0:Final Occupancy PD:Police Department PI:Public Improvements CE:City Engineer WW:Wastewater CA:City Attorney AMWC:Atascadero Mutual Water Company accommodate cut of fill slopes. 26. Drainage easements shall be provided as needed to accommodate both public and private drainage facilities. 27. The final map shall be signed by the City Engineer prior to the map being placed on the agenda for City Council acceptance. 28. Prior to recording the tract map, the applicant shall submit a map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 29. Prior to recording the tract map, the applicant shall set monuments at all new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the parcel map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 30. Prior to recording the tract map, the applicant shall pay all outstanding plan checkrnspection fees. 31. Prior to recording the map, the applicant shall complete all improvements required by these conditions of approval. 32. Prior to recording the tract map,the applicant shall have 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 indicating their review of the map. The letter shall identify any new easements that 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 map. 33. Upon recording the final map,the applicant shall provide the City with a black line clear Mylar (0.4 mil) copy and a blue line print of the recorded map. 34. Prior to the final inspection of any public improvements, the applicant shall submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans. 35. Prior to the final inspection, the applicant shall submit a written certification from a registered civil engineer or land surveyor that all survey monuments have been set as shown City of Atascadero Resolution No.2002-008 Page 9 Conditions of Approval Timing Responsibility Mitigation /Monitoring Measure 9385 Musselman Avenue PM:Parcel Map PS:Planning ServicesGP:Grading Permit BP:Building Permit BS:Building Services TO:Temporary Occupancy FD:Fire Department Tentative Tract Map 2001-0008 F0:Final Occupancy PD:Police Department PI:Public Improvements CE:Qty Engineer WW:Wastewater CA City Attorney AMWC:Atascadero Mutual Water Company on the final map. 36. An encroachment permit shall be obtained prior to any work within City rights of way. 37. Prior to the issuance of building permits the applicant shall submit a grading and drainage plan prepared by a registered civil engineer for review and approval by the City Engineer. Atascadero Mutual Water Company(AMWC): 38. 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. 39. Prior to recording the parcel map the applicant shall obtain a BP AMWC "Will Serve"letter from Atascadero Mutual Water Company. 40. Prior to the start of construction, the applicant shall pay all BP AMWC installation and connection fees required by the Atascadero Mutual Water Company. 41. Prior to the start of construction, the applicant shall provide BP AMWC to Atascadero Mutual Water Company a notarized recorded copy of a 15-foot wide private utility easement that extends from the water main extension termination point, east to the property line at Bane Street. Building Department Conditions FM AMWC 42. A soils investigation prepared by a licensed Geotechnical BP AMWC Engineer is to be provided for the project.The report is to be provided at the time of building permit submittal along with the building plans for review by the Building Division. Recommendations contained in the report are to be incorporated into the project plans. Fire Marshall Conditions 43. Provide a fire hydrant within the public right-of-way at the BP FD cul-de-sac. Hydrant is to be constructed per City standards. 44. Provide appropriate address signage at each residence. In BP FD addition, a sign is to be provided at the entrance to the City of Atascadero Resolution No.2002-008 Page 10 Conditions of Approval Timing Responsibility Mitigation /Monitoring Measure 9385 Musselman Avenue PM.Parcel Map PS:Planning Services GP:Grading Pennft � BP:Building Permit BS:Building Services TO:Temporary Occupancy FD:Fire Depart hent Tentative Tract Map 2001-0008 F0:Fine Occupancy PD:Police Department PI:Public Improvements CE:City Engineer WW:Wastewater CA City Attorney AMWC:Atascadero Mutual Water Company project off of the cul-de-sac listing the addresses located within the project. 45. Note on the plans that signage or striping is to be provided FO FD along the street frontages and at the fire department turnaround which clearly indicate that parking is prohibited. Signage shall read"NO PARKING—FIRE LANE". City of Atascadero Resolution No.2002-008 Page 11 EXHIBIT B: Conditions of Approval RAS 2001-0007 City Engineer Conditions of Approval: 1. The Road Abandonment shall record concurrently with the Tract Map.