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Home My WebLink AboutResolution 2002-013 RESOLUTION NO. 2002-013 A RESOLUTION ATASCADERO CITY COUNCIL APPROVING CONDITIONAL USE PERMIT 2001-0049, A MASTER PLAN OF DEVELOPMENT FOR THE PD-7 OVERLAY ZONING DISTRICT ON APN 029-302-050 (5070-5080 Palma Avenue/APN 029-302-050 Elbert Gifford /Wilson Land Surveys) WHEREAS, an application has been received from Elbert Gifford Jr. (13505 Chispa Road, Atascadero, CA 93422) 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 five-lot residential tentative tract map on APN 029-302-050; 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 Public Hearing held on March 5, 2002, studied and considered the Master Plan of Development for Zone Change 2001-0020, after first studying and considering the Draft Negative Declaration prepared for the project, and, WHEREAS, the Atascadero City Council, at a Public Hearing held on April 23, 2002, studied and considered the Master Plan of Development for Zone Change 2001-0017, after first studying and considering the Draft Negative Declaration prepared for the project, and, NOW, THEREFORE, the Atascadero City Council takes the following actions: City of Atascadero Resolution No.2002-013 Page 2 SECTION 1. Findings for Approval of Master Plan of Development. The Atascadero 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 3. Approval. The Atascadero City Council, in a regular session assembled on April 23, 2002, resolved approve Conditional use Permit 2001-0049, A Master Plan of Development for Zone Change 2001-0020 subject to the following: a) EXHIBIT A: Conditions of Approval b) EXHIBIT B: Master Plan of Development C) EXHIBIT C: Statistical Summary of Project d) EXHIBIT D: Landscape Plan e) EXHIBIT E: Tract Map f) EXHIBIT F: Architectural Elevations City of Atascadero Resolution No.2002-013 Page 3 On motion by Council Member Scalise and seconded by Council Member Johnson, 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: April 23, 2002 By: �ti�eG 'J ichael Arrambide, Mayor Attest: PI&A ,-!, )D Marcia McClure Torgerson, City Prk Approved as to form: Rd' anley, City Att rney City of Atascadero Resolution No.2002-013 Page 4 EXHIBIT A:Conditions of Approval CUP 2001-0049: PD-7 Master Plan of Development Conditions of Approval Timing Responsibility Mitigation CUP 2007-0049 /Monitoring Measure PS:Planning Services 5080 Palma Avenue BL:Business License BS:Building Services GP:Grading Permit FD:Fire Department BP:Building Pemut 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 2001-0020. 2. Approval of this Master Plan of Development shall be valid BP PS concurrently with the life of Tentative Tract Map 2001-0012 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 BP PS remain consistent with the Master Plan of Development as shown in Exhibit F. 6. All site development shall be consistent with the maximum BP/FM PS intensities described in the statistical project summary as shown on Exhibit C. 7. All site work, grading, drainage and site improvements shall BP/FM PS remain consistent with the Master Plan of Development as shown in Exhibit B—Exhibit F and conditioned in Tentative Tract Map 2001-0012. City of Atascadero Resolution No.2002-013 Page 5 EXHIBIT B:Master Plan of Development CUP 2001-0049: PD-7 Master Plan of Development m o m JOE z l 1-51 n - U) VVMS a b Ii �N i ill I INo a S � f 9 ta�ra / HIII 4 � emaoe ° J City of Atascadero Resolution No.2002-013 Page 6 EXHIBIT C:Statistical Summary of Project CUP 2001-0049: PD-7 Master Plan of Development "Buil "Footprint "5917 5554 s.f. 5537 s.f. 5283 s.f. 6074 s.f. 1446 s.f 1446 s.f 1446 s.f 1212 s.f (not to exceed 35%) 27% 26% 26% 27% 19% Landscaped Area 3361 S.F. 3136 s.f. 3118 s.f. 3106 s.f. 3037 s.f (minimum 50%) 56% 56% 56% 59% 50% Covered Parking 2 spaces 2 spaces 2 spaces 2 spaces 1 2 spaces Guest Parking 1 space 1 space 1 spacel 1 spacel 1 space Overall Site Landscaping(Net Area): 63% Minimum 60% �.1. --- � s -•-rte` _-� � !1 "" - v City of Atascadero Resolution No.2002-013 Page 9 EXHIBIT F:ELEVATIONS AND COLOR/MATERIALS CUP 2001-0049: PD-7 Master Plan of Development Parcel 1 Parcel 2 a Parcel 3 Parcel 4 Parcel 5