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HomeMy WebLinkAboutResolution 2002-014 RESOLUTION NO. 2002-014 A RESOLUTION ATASCADERO CITY COUNCIL APPROVING TENTATIVE TRACT MAP 2001-0012 THEREBY ALLOWING A FIVE LOT RESIDENTIAL SUBDIVISION OF APN 029-302- 050 CONSISTENT WITH THE PD-7 MASTER PLAN OF DEVELOPMENT (CUP 2001-0049) 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 with a Master Plan of Development allowing an eight 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 Tract 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 March 5, 2002, studied and considered Tentative Tract Map 2001-0012, 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 Tentative Tract Map 2001-0010, after first studying and considering the Draft Negative Declaration prepared for the project; and, NOW,THEREFORE,the Atascadero City Council takes the following actions: Section 1. Findings of Approval for Tentative Tract Map, the Atascadero City Council finds as follows: City of Atascadero Resolution No.2002-014 Page 2 1. The proposed subdivision, as conditioned, is consistent with the General Plan and applicable zoning requirements. 2. The design and improvement of the proposed subdivision is consistent with the General Plan and applicable zoning requirements. 3. The proposed subdivision, as conditioned, is consistent with the Planned Development Overlay District#7 Master Plan of Development(CUP 2001-0047). 4. The site is physically suitable for the type of development proposed. 5. The site is physically suitable for the density of development proposed. 6. 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. 7. 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. 8. 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 April 23, 2002 resolved to approve the Tentative Tract Map (TTM 2001-0012) subject to the following: 1. Exhibit A: Tentative Tract Map 2001-0010 2. Exhibit B: Conditions of Approval City of Atascadero Resolution No.2002-014 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 YM "ichaelArrambide, Mayor Attest: Marcia McClure Torgerson, City C rk Approved as to form: ()"6 I Lw� Ro anley, C ty Attey City of Atascadero Resolution No.2002-014 Page 5 EXHIBIT B: Conditions of Approval TTM 2001-0012 Conditions Of Approval Timing Responsibility Mitigation /Monitoring Measure 5070-5080 Palma 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 2001-0012 FO:Final Occupancy PD:Police Department PI:Public Improvements CE:City Engineer WW:Wastewater CA:City Attomey 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 two 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 5070-5080 Palma Avenue (APN 029-302-050) regardless of owner. 7. 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 City of Atascadero Resolution No.2002-014 Page 6 Conditions of Approval Timing Responsibility Mitigation /Monitoring Measure 5070-5080 Palma Avenue PM:Parcel Map GP:Grading Permit PS:Planning Services BP:Building Permit BS:Building Ser*es TO:Temporary Occupancy FD:Fre Depatnent Tentative Tract Map 20014012 FO:Final Occupancy PD:PoliceDeparbnent Pl:Public Improvements CE:City Engineer WW:Wastavater CA:City A lomey AMWC:Ataccadero Mutual Weer Cor pany by the city,or any of its entities,concerning the subdivision. 8. 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 Project Specific Conditions: Street Improvements 9. Prior to recording the parcel map, the applicant shall FM CE construct, to the approval of the City Engineer,the following street improvements; A. Palma Avenue shall receive a 2"asphalt overlay along the frontage of the subject property. B. The area between the existing edge of Palma Avenue and the property line shall be widened and a compacted base shoulder shall be placed for the use of pedestrians and overflow parking. C. A 3'wide strip of land fronting the subject property shall be offered for public right of way. D. Prior to recording the parcel map,the applicant shall construct, bond for or pay an in-lieu fee for all public improvements required by these conditions of approval. E. Prior to recording the parcel map, demonstrate that all easements required to provide utilities to the new parcels have been acquired and are shown on the map. DRAINAGE 10. Provisions for the repair and maintenance of the detention basins and on-site drainage structures shall be included in the CC&R's for this Tract. Submit copies of the same for review by the City Engineer and approval by the City Attorney. 11. The existing detention basin shall be improved in the following manner: City of Atascadero Resolution No.2002-014 Page 7 Conditions of Approval Timing Responsibility Mitigation /Monitoring Measure 5070-5080 Palma Avenue PM:Parcel Map GP:Grading PermitPS:Planning Services BP:Building Permit BS:Building Services TO:Temporary Occupancy FD:Fire Department Tentative Tract Map 2001-0012 F0:Final Occupancy PD:Police Departrnent PI:Pudic Improvements CE:City Engineer WW:Wastewater CA City Attorney AMWC:Atascadero Mutual Water Company following manner: A. The outlet structure shall be improved with a concrete inlet control. B. A solution to prevent standing water shall be implemented. (Staff was on the site a week after the last rain and water was still 4"deep in the bottom of the pond). C. The sides of the existing basin shall be reworked to be no steeper than 4:1 and shall be certified by the design engineer to this effect. Or, alternately, If the slopes of the drainage basin exceed 4:1,then the entire detention basin shall be enclosed with a 6'high no-climb fence to eliminate a public safety hazard. D. Submit revised detention basin plans for review and approval by the City Engineer. STANDARD CONDITIONS 12. 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. 13. A six (6) foot Public Utility Easement (PUE) contiguous to FM CE Palma Avenue shall be offered for dedication on the Tract Map. 14. The applicant shall enter into a Plan Check/Inspection BP CE agreement with the City. 15. The applicant shall be responsible for the relocation and/or BP CE alteration of existing utilities. 16. Drainage shall cross lot lines only where a drainage BP CE easement has been provided. Drainage from off-site areas shall be conveyed across the project site in drainage easements. 17. The applicant shall install all new utilities (water, gas, BP CE electric, cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement 18. The applicant shall monument all property corners for Ongoing CE construction control and shall promptly replace them if disturbed. City of Atascadero Resolution No.2002-014 Page 8 Conditions of Approval Timing Responsibility Mitigation /Monitoring Measu. 5070-5080 Palma Avenue PM:Parcel Map PS:Planning Services GP:Grading Pemit BP:Building Pemit BS:Building Services TO:Temporary Occupancy FD:Fire Department Tentative Tract Map 2001-0012 F0:Final Occupancy PD:Police Deparhnent PI:Public Improvements CE:City Engineer WW:Wastewater CA City Attorney AMWC:Atascadero Mutual Wafer Company 19. A preliminary subdivision guarantee shall be submitted for FM CE review in conjunction with the processing of the parcel map. 20. All existing and proposed utility, pipeline, open space, or FM CE other easements are to be shown on the parcel map. If there are building or other restrictions related to the easements, they shall be noted on the parcel map. 21. Prior to recording the parcel map, the applicant shall submit FM CE a map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 22. Prior to recording the parcel map, the applicant shall set FM CE monuments at all new property corners and a registered civil engineer or licensed land surveyor shall indicate, by certificate on the final 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. 23. Prior to the map being placed on the agenda for City Council FM CE acceptance,the map shall be signed by the City Engineer. 24. Prior to recording the parcel map, the applicant shall pay all FM CE outstanding plan check/inspection fees. 25. Prior to placing the final map on the agenda for City Council FM CE approval, 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 which indicates their review of the map. The letter shall identify any new easements which 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 parcel map. 26. Upon recording the parcel map, the applicant shall provide FM CE the City with a black line clear Mylar (0.4 mil) copy and a blue line print of the recorded map. 27. Prior to recording the parcel map, the applicant shall FM complete all improvements required by these conditions of approval.