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Home My WebLink AboutResolution 2002-016 RESOLUTION NO. 2002-016 A RESOLUTION OF THE ATASCADERO CITY COUNCIL APPROVING CONDITIONAL USE PERMIT 2001-0047, A MASTER PLAN OF DEVELOPMENT FOR THE PD-7 OVERLAY ZONING DISTRICT ON APN 030-081-003 (7250 Santa Ysabel Avenue /APN 030-081-003 / Gearhart) WHEREAS, an application has been received from Kelly Gearhart, 6205 Alcantara Avenue, Atascadero, CA 93422, (Applicant & Owner), and Eugene and Donna Barre, and Kenneth and Jacqueline Lerno and James Miller, (Property Owners) 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, and an eleven-lot residential tract map, on a 1.33 acre lot located at 7250 Santa Ysabel Avenue (APN 030-081-003); 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 Atascadero City Council at which hearing evidence, oral and documentary, was admitted on behalf of said Master Plan of Development; 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: SECTION 1. Findings for Recommendation of 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 City of Atascadero Resolution No.2002-016 Page 2 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 April 23, 2002, resolved to approve Conditional use Permit 2001-0047, a Master Plan of Development for Zone Change 2001-0017 subject to the following: 1. EXHIBIT A: CONDITIONS OF APPROVAL 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: ARBORIST REPORT/TREE PROTECTION PLAN 7. EXHIBIT G: GRADING AND DRAINAGE PLAN: TREE PROTECTION 8. EXHIBIT H: ELEVATIONS AND COLOR AND MATERIALS 9. EXHIBIT 1: COLOR AND MATERIALS 10. EXHIBIT J: FLOOR PLANS City of Atascadero Resolution No.2002-016 Page 3 On motion by Council Member Johnson and seconded by Council Member Luna, the foregoing Resolution is hereby adopted following roll call vote: AYES: Council Members Clay, Johnson, Luna, Scalise and Mayor Arrambide NOES: None ABSTAIN: None ABSENT: None ADOPTED: April 23, 2002 Michael Arrambide, Mayor Attest: l I�'C� YKA4 C Marcia McClure Torgerson, City Cler Approved as to form: 1+6. 1" Roy anley, dity Attor ey City of Ataseadero Resolution No.2002-016 Page 4 EXHIBIT A:Conditions of Approval CUP 2001-0047: PD-7 Master Plan of Development Conditions of Approval Timing Responsibility Mitigation CUP 2001-0047 /Monitoring Measure PD-7 Overlay 7250 Santa Ysabel Avenue PS:Planning Services BL:Business License BS:Building Services GP:Grading Permit FD:Fire Deparknent BP:Building Pemtit PD:Police Departrnent FI:Final Inspection CE:City Engineer TO:Terrporary 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 2001-0017. 2. Approval of this Master Plan of Development shall be valid BP PS concurrently with the life of Tentative Tract Map 2001-0010 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 H, I and J.. 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 and site improvements shall be BP/FM PS consistent with the Master Plan of Development as shown in Exhibit B, D, E, F and G. 8. Native oaks trees shall be preserved and protected during BP PS construction consistent a Tree Protection Plan prepared for the project. All tree protection shall be in place prior to the issuance of any construction permits consistent with Exhibit F. City of Atascadero Resolution No.2002-016 Page 5 Conditions of Approval Timing Responsibility Mitigation CUP 2001-0047 /Monitoring Measure PD-7 Overlay 7250 Santa Ysabel Avenue PS:Planning Services BL:Business License BS:Building Services GP:Grading Permit FD:Fire Deparknent BP:Building Pe r it PD:Police Departrnent FI:Final Inspecton CE:City Engineer T0:Terrywrary 0ocupancy WW:Wastewater F0:Final Occupancy CA City Rlomey 9. 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. All landscaping beneath Oak trees shall be approved by the arborist for compatibility with the tree. 10. A 2-car garage shall be constructed for the existing house BP PS on lot 7. 11. One five-gallon native oak tree shall be planted on Lot 1 FO PS through Lot 9. Planning Commission Conditions 13.Decorative boulders shall be integrated into the landscaping BP PS along the driveway edges to discourage parking along the driveways 14.Pavers shall be installed on the driveway of lot#8 and in any BP PS other locations required by the arborist. City Council Condition 15. Prior to occupancy of the dwelling unit on lot #5 a deed FO PS restriction shall be recorded that limits the sales price to a moderate income person as defined annually by the County of San Luis Obispo for a period of 10 years. -end of conditions- TOR-71 Lot 10 ��. around and storm drainage emergency turn easement. residential useSn ACM FIRM.MA OW77-1 4 � City of Atascadero Resolution No.2002-016 Page 7 EXHIBIT C Statistical Summary of Project CUP 2001-0047: PD-7 Master Plan of Development Lot Area T15471547 5509 5000 5180 7741 5495 5713 6578 Building Footprint(s.f.) 1547 1547 1395 944 746 1547 1547 (not to exceed 35%) 26% 28% 28% 31% 27% 12% 14% 27% 24% Landscaped Area(s.f.) 2869 2404 2355 2214 2098 6055 4268 3211 4483 (minimum 40%) 48% 44% 43% 44% 41% 78% 78% 56% 68% Covered Parking 2 spaces 2 spaces 2 spaces 2 spaces 2 spaces 2 spaces 2 spaces 2 spaces 2 spaces Guest Parking 2 spaces 1 2 spaces 2 spaces 2 spaces 2 spaces 1 2 spaces 2 spaces 2 spaces 2 spaces 1 1 1 11 11• -� �- \- ��_ i i a ci id kIV - A5 1Jhlip�ilf91111'y� E' ki i Ali All Ali tip IS- s] r r _:w. �l�I NOMMU City of Ataseadero, Resolution No.2002-016 Page 9 EXHIBIT E:Grading and Drainage Plan CUP 2001-0047: PD-7 Master Plan of Development lax 20 7, 2:1 711 IP—7 r A P Install a wood tree protection fence at edge of drip line prior to any construction activities. P Project arborist shall supervise -- roe swat---—lx—ZY1-- 7 6CO construction activities within all the root protection zone. Pi 2X P k -T, P A nr 0 -4 a ICA RAI 00 RQ 3 8 P 3 . '."I azli CO 7' 4 X Soo 0 R(O GRA.M SW Fj 0 00 4b- V. SANT A City of Atascadero Resolution No.2002-016 Page 10 EXHIBIT F: Arborist Report CUP 2001-0047: PD-7 Master Plan of Development i 802 PASO ROBLES STREET PASO ROBLES,CALIFORNIA 93446 805/239.1239 FAX 805/239-3742 .. ARBOR Tug SURSERT To: KELLY GL•ARHART DEVELOPMENT From: Steven G.Alvarez Certified Arborist#WC-0511 Regarding Arborist Report for the property at Santa Ysabel Avenue A.P.N.-030—081- 003. This report is in regards to the 60-inch white oak tree located at the above-mentioned lot, see preliminary landscape and irrigation plan(L-t)Robert Fisher. This Oak tree is apparently healthy,but in need of some crown reduction to eliminate limb weight and mistletoe,this tree will provide the property with good shade,beauty, and value. To insure this value is maintained,I would recommend the following mitigation measures while the development process is taking place: 1. No disturbance of soil within the driplinc of the tree. 2. Protective fencing should be installed at the dripline and left in place until the planned tree pavers have been installed,this will lessen any excessive soil compaction to the native soil. Until that time no heavy equipment shall be driven.under the trees which may contribute'to soil compaction. 3. The existing ground surface within.the driplinc of the oak tree shall not be cut,tilled compacted or pared. 4. Any foundation footings,pipelines,or other soil disturbance within the dripline must """"--)*ould be approved by a certified arborist in conjunction with Proper City approval. 5. No liquid or solid excess or waste construction materials of waste shall be dumped on the ground or into any grate between the dripline of the oak tree, 6. All finish grade construction within the dripline must be of pores or permeable material that is designed to allow necessary air and water to pass. 7. Completed design should refrain from the parking of any vehicles under the drip ling. Steven G.Alvarez iSA Certified Arborist#WC-0511 802 Paso Robles ST. Paso Robles CA 93446 (805)431-2581 City of Atascadero Resolution No.2002-016 Page 12 EXHIBIT H: ELEVATIONS AND COLOR AND MATERIALS CUP 2001-0047: PD-7 Master Plan of Development t �. >>, lila �n p �P City of Ataseadero Resolution No.2002-016 Page 13 EXHIBIT H: ELEVATIONS AND COLOR AND MATERIALS CUP 2001-0047: PD-7 Master Plan of Development City of Atascadero Resolution No.2002-016 Page 14 Ui IF Om , z m 09. D � , n z rative lattice )anel along +� ,rontage fences 0 77 RECEIVED DEC COMMU14TY DEVELOPMENT l. J KYt<44Yf..AMlWA9;.1>iYit0P�ltQ. -. ��C ,gyp ir '.. 3' City of Atascadero Resolution No.2002-016 Page 15 EXHIBIT H: ELEVATIONS AND COLOR AND MATERIALS CUP 2001-0047: PD-7 Master Plan of Development i I� I i RECEIVED DEC 0 COMMUWrY DEVELOPMENT • x M i .- .. •RMi1rf ll}}�R,1giI'Iq �{�' City of Atascadero Resolution No.2002-016 Page 16 EXHIBIT I:COLOR AND MATERIALS CUP 2001-0047: PD-7 Master Plan of Development '. ft NT Moonlight White 2143-60 0 'IS OWAIM o 'i3 n; Sweet Salmon 2867-60 L me-rwoon Sandy White 2148.50 Creekside Green 2141-40 ME= Horton dray 2141-50 r)esert Twilight 2137-40 (iOLG IAL SMVIT Cornku lien City of Atascadero Resolution No.2002-016 Page 17 EXHIBIT J:FLOOR PLANS CUP 2001-0047: PD-7 Master Plan of Development t Plan 1547 I I �.I E I Plan 1396