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HomeMy WebLinkAboutResolution 2002-017 RESOLUTION NO. 2002-017 A RESOLUTION OF ATASCADERO CITY COUNCIL APPROVING TENTATIVE TRACT MAP 2001-0010 THEREBY ALLOWING AN ELEVEN LOT SUBDIVISION OF APN 030-081-003 AND APN 030-081-005 CONSISTENT WITH THE PD-7 MASTER PLAN OF DEVELOPMENT CUP 2001-0047 (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 with a Master Plan of Development allowing an eleven 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 Atascadero City Council at which hearing evidence, oral and documentary, was admitted on behalf of said application; and, WHEREAS,the Atascadero City Council, at a Public Hearing held on April 2, 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: 1. The proposed subdivision, as conditioned, is consistent with the General Plan and applicable zoning requirements. City of Atascadero Resolution No.2002-017 Page 2 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 2001-0010) subject to the following: 1. Exhibit A: Tentative Tract Map 2001-0010 2. Exhibit B: Conditions of Approval 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 City of Atascadero Resolution No.2002-017 Page 3 Michael Arrambide, Mayor Attest: fil Marcia McClure Torgerson, City Cle Approved as to form: UG, �L4 Roy ranley, 6ty orney City of Ataseadero Resolution No.2002-017 Page 4 Exhibit A.Tentative Tract Map TTM 2001-0010 I p gEv i i vZ71 li Vl` \ SYS \ \ A V�11V� � 1111 \ all I IIIIII \ � +I 111 it \ III 51g1mgQ1•r. . 6 � • 1 1 \ E� �b �I W' ' E� I i10 t ,i I $����� 11 1 el � Y•, iI IE tt 11 e� � S' ►� YUWyg l� :� Wi City of Atascadero Resolution No.2002-017 Page 5 Exhibit A:Tentative Tract Map TTM 2001-0010 I ii ii . i A ii � ii Ll o •`5y� A i..k 4 all i A �� . City of Atascadero Resolution No.2002-017 Page 6 EXHIBIT B: Conditions of Approval TTM 2001-0010 Conditions of Approval Timing Responsibility Mitigation 7250 Santa Ysabel Ave. /Monitoring Measure Tentative Tract Map 2001-0010 PM:Parcel Map PS:Planning Services GP:Grading Pe mit BP:Building Pemit BS:Building Services TO:Temporary Occupancy FD:Fire Department F0:Final Occupancy PD:Poke Department PI:Public Improvements CE:City Engineer WW:Wastewater CA City Attorney AMWC:Atascadero Mutual Warr 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 FM 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 7250 Santa Ysabel (APN 030-081-003) 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 Ataseadero Resolution No.2002-017 Page 7 Conditions of Approval Timing Responsibility Mitigation 7250 Santa Ysabel Ave. /Monitoring Measure Tentative Tract Ma 2001-0010 PM:Parcel Map Map GP:Grading Pemtit PS:Planning Services BP:Building Permit BS:Building Services TO:Terrporary Occupancy FD:Fire Deparbnent F0:Final Occupancy PD:Police Department PI:Public Improvernents CE:City Engineer WW:Waste%a CA CityAtlomey AMWC:Atascadem Mutual Wafer Company 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 Conditions: PROJECT SPECIFIC CONDITIONS 9. Obtain approval by the City Engineer of the grading & GP CE drainage plan and the storm drain design&facilities. 10. Detention basins will be designed per section 5.06 GP CE (Drainage Structures)of the Engineering Standards. 11. Submit calculations to support the design of any structures GP CE or pipes. Closed conduits shall be designed to convey the 10-year flow with gravity flow, the 25-year flow with head, and provide safe conveyance for the 100 year overflow. 12. Provide for the detention of the 50 year developed storm GP CE runoff, while metering out the 2 year undeveloped storm runoff. 13. Show the method of dispersal at all pipe outlets. Include GP CE specifications for size&type. 14. Show the method of dispersal at all pipe outlets. Include GP CE specifications for size&type. 15. Acquire drainage easements where needed. Drainage shall GP CE cross lot lines only where a drainage easement has been provided. 16. Concentrated drainage from off-site areas shall be conveyed GP CE across the project site in drainage easements. Public Improvements: 17. All public improvements shall be constructed in conformance GP CE with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 18. The City of Atascadero is reconstructing Santa Ysabel Ave GP CE in the late summer of 2002. The entire road surface will be City of Atascadero Resolution No.2002-017 Page 8 Conditions of Approval Timing Responsibility Mitigation 7250 Santa Ysabel Ave. /Monitoring Measure Tentative Tract Map 2001-0010 PM.Parcel Map PS:Planning Services GP:Grading Permit BP:Building Permit BS:Building Services TO:Temporary Occupancy FD:Fire Department F0:Final Occupancy PD:Police Department PI:Public Improvements CE:City Engineer WW:Wastewater CA City Attomey AMWC:Atascadero Mutual Water Company reconstructed. The project improvement plans have been completed. Applicant will construct the curb, gutter and sidewalk in conformance with the plans. The applicant shall either pave according to the Cities plans or pay the City for the value of the work and have the City contractor pave the section. Utilities: 19. There are several large transmission gas mains that cross GP CE this property. Prior to any building permit issuance all work around the mains will be approved by the utility in writing and all conflicts will be resolved. Easements&Property Issues: GP CE 20. Provide documentation for all of the easements required for construction,access,and utilities. 21. Submit copies of all legal descriptions and exhibits for any GP CE required easements for the review and approval by the City Engineer. 22. Prior to issuance of building permits, the applicant shall GP CE submit a grading and drainage plan with a separate sheet(s) devoted to sedimentation and erosion control, prepared by a registered civil engineer for review and approval by the City Engineer. SANITARY SEWER CONDITIONS 23. Drainage piping serving fixtures which have flood levels rims IP WW located below the elevation of the next upstream manhole cover of the public sewer system shall be protected from backflow of sewage by installing an approved type backwater valve. 24. Sanitary sewer laterals (of force mains) must be installed in IP WW private easements when crossing adjoining properties in route to the public sewer. 25. If an existing sanitary sewer lateral is not utilized it shall be FM properly abandoned. 26. All new and existing buildings in this tract shall have their FM WW own exclusive sanitary sewer lateral, connection and connection permit. City of Atascadero Resolution No.2002-017 Page 9 Conditions of Approval Timing Responsibility Mitigation 7250 Santa Ysabel Ave. /Monitoring Measure Tentative Tract Map 2001-0010 PM.Parcel Map PS:PlanningServces GP:Grading Pemtit BP:Building Permit BS:Building Services TO:Temporary Occupancy F0:Fire Department F0:Final Occupancy PD:Police Department Pl:Public Improvements CE:City Engineer WW:Wasteuvater CA City Attorney AMWC:Atascadero Mutual Wasr Company 27. Any sewage lift station on the site shall conform the Section 6.07 of the City of Atascadero Engineering Standards. The systems will be individual premanufactured lift station for each residence. 28. Newly created lots are subject to the payment of sewer FM WW extension fees prior to final map recording. STANDARD CONDITIONS 29. 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. 30. 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. 31. An engineer's estimate of probable cost shall be submitted for review and approval by the City Engineer to determine the amount of the bond. 32. The Subdivision Improvement Agreement shall record concurrently with the Final Map. 33. The applicant shall enter into a Plan Check/Inspection agreement with the City. 34. The applicant shall be responsible for the relocation and/or alteration of existing utilities. 35. 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. 36. The applicant shall monument all property corners for construction control and shall promptly replace them if disturbed. 37. 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. 38. Slope easements shall be provided as needed to City of Atascadero Resolution No.2002-017 Page 10 Conditions of Approval Timing Responsibility Mitigation 7250 Santa Ysabel Ave. /Monitoring Measure Tentative Tract Map 2001-0010 GP'Para Map GP:Grading Permit PS:Planning Services BP:Building Permit BS:Building Services TO:Temporary Occupancy FD:Fire Department F0:Final Occupancy PD:Police Department PI:Pudic Improvements CE:City Engineer WW:Wastewater CA City Attorney AMWC:Atascadem Mulual Warr Company accommodate cut of fill slopes. 39. Drainage easements shall be provided as needed to accommodate both public and private drainage facilities. 40. The final map shall be signed by the City Engineer prior to the map being placed on the agenda for City Council acceptance. 41. 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. 42. 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. 43. Prior to recording the tract map, the applicant shall pay all outstanding plan check/inspection fees. 44. Prior to recording the map, the applicant shall complete all improvements required by these conditions of approval. 45. 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. 46. 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. 47. 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. 48. 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 Ataseadero Resolution No.2002-017 Page 11 Conditions of Approval Timing Responsibility Mitigation 7250 Santa Ysabel Ave. /Monitoring Measure Tentative Tract Ma 2001-0010 PM.Parcel Map Map GP:Lading Permit PS:Planning Services BP:Building Pemit BS:Building Services TO:Temporary Occupancy FD:Fire Departrnent F0:Final Occupancy PD:Police Departrnent PI:Public Improvements CE:City Engineer WW:Wastewater CA City Attorney AMWC:Atascadero Mutual Water Company on the final map. 49. An encroachment permit shall be obtained prior to any work within City rights of way. 50. 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): 51. Prior to approval of the water system plans by the AMWC, IP AMWC the applicant shall pay all installation and connection fees required by AMWC. 52. Prior to recording the parcel map the applicant shall obtain a IP AMWC "Will Serve"letter from Atascadero Mutual Water Company. 53. All water distribution facilities shall be constructed in IP AMWC conformance with AMWC standards, policies and approved procedures. 54. Manifold water meters per approved AMWC standards. IP AMWC Each individual home requires separate service line from separate meters. AMWC shall set all meters. 55. Water service lines shall be located in appropriate FM/IP AMWC easements. 56. All fire hydrant spacing shall meet Atascadero Fire IP AMWC Department Standards. Building Department Conditions 57. A soils investigation prepared by a licensed Geotechnical BP BS 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 Marshal Conditions 58. A fire hydrant must be provided within 400 feet of the project BP FD street frontage. City of Atascadero Resolution No.2002-017 Page 12 Conditions of Approval Timing Responsibility Mitigation 7250 Santa Ysabel Ave. /Monitoring Measure Tentative Tract Map 2001-0010 PM.Parcel Map GP:Grading Permit PS:Planning Services BP:Building Pemtit BS:Building Services TO:Temporary Occupancy FD:Fire Department F0:Final Occupancy PD:Police Department PI:Public Improvements CE:City Engineer WW:Wastewater CA City Attorney AMWC:Atascadero Mutual Water Company 59. Provide appropriate address signage at each residence. In BP FD addition, a sign is to be provided at the entrance to the project off of the common drive listing the addresses located within the project. 60. 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 Council Condition 61. Concurrently with recordation of the final map, 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.