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HomeMy WebLinkAboutResolution 2002-042 RESOLUTION NO. 2002-042 A RESOLUTION ATASCADERO CITY COUNCIL APPROVING CONDITIONAL USE PERMIT 2002-0067, A MASTER PLAN OF DEVELOPMENT FOR THE PD-16 OVERLAY ZONING DISTRICT ON APN 049-023-0309 049-291-0169 049-291-005 (2000 Ferrocarril Avenue / Gearhart) WHEREAS, an application has been received from Kelly Gearhart, 6205 Alcantara Avenue, Atascadero, CA 93422, (Applicant & Owner), to consider a project consisting of a Planned Development overlay zone change to PD-16 with the adoption of a Master Plan of Development, and an sixteen-lot cluster residential tract map, on a 31+/- acre lot located at 2000 Ferrocarril Road (APN 049-023-030, 049-291-016, 049-291-005); and, WHEREAS, the site's vested General Plan Designation is PUB (Public) and SSF (Single Family Suburban); and, WHEREAS, the site's vested zoning district is P (Public) and RS (Residential Suburban); and, WHEREAS,the Planning Commission has recommended that a site be rezoned to a PD- 16 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 September 17, 2002, studied and considered the Master Plan of Development for Zone Change 2002-0067, after first studying and considering the Draft Mitigated Negative Declaration prepared for the project, and, WHEREAS, the Atascadero City Council, at a Public Hearing held on October 8, 2002, studied and considered the Master Plan of Development for Zone Change 2002-0067, after first studying and considering the Draft Mitigated Negative Declaration prepared for the project, and, NOW, THEREFORE,the City Council takes the following actions: City of Ataseadero Resolution No.2002-042 Page 2 SECTION 1. Findings for Approval of Master Plan of Development. The 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-16 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 October 8, 2002, resolved to approve Conditional Use Permit 2002-0067, a Master Plan of Development for Zone Change 2002-0029 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: ARBORIST REPORT 5. EXHIBIT E: ELEVATIONS /COLOR AND MATERIALS City of Ataseadero Resolution No.2002-042 Page 3 On motion by Council Member Johnson and seconded by Council Member 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: October 8, 2002 B3 y: Michael Arrambide, Mayor Attest: Marcia McClure T©rgerson, City C rk- Approved as to form: Ila ck,�W, Roy . Hanley, City Attorney City of Atascadero Resolution No.2002-042 Page 4 EXHIBIT A:Conditions of Approval CUP 2002-0067: PD-16-2 Master Plan of Development Conditions of Approval Timing Responsibility Mitigation CUP 2002-0067 /Monitoring Measure PD-16-2 Overlay 2000 Ferrocarril PS:Planning Services BL:Business License BS:Building Services GP:Grading Permit FD:Fire Department BP:Building Permit PD:Police Department FI:Fine]Inspection CE:City Engineer TO:Temporary Occupancy WW:Wastewater F0:Fina]Occupancy CA:City Altomey 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 2001-0029. 2. Approval of this Master Plan of Development shall be valid BP PS concurrently with the life of Tentative Tract Map 2002-0014 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 of proposed units shall be of BP PS equivalent architectural character and quality with the Master Plan of Development as shown in E. All houses shall have a minimum floor area of 1200 square feet and two covered parking spaces. 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 B. City of Atascadero Resolution No.2002-042 Page 5 Conditions of Approval Timing Responsibility Mitigation CUP 2002-0067 /Monitoring Measure PD-16-2 Overlay 2000 Ferrocarril PS:Planning Services BL:Business License BS:Building Services GP:Grading Penit FD:Fire Department BP:Building Paint PD:Police Departrnent FI:Final Inspection CE:City Engineer TO:Temporary Occupancy W.Waster F0:Fined Occupancy CA City Attorney 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 D. Mitigation Measures 9. The project shall be conditioned to comply with all IP PS 3.b.1. applicable District regulations pertaining to the control of fugitive dust (PM-10) as contained in section 6.4 of the Air Quality Handbook. All site grading and demolition plans notes shall list the following regulations: A. All material excavated or graded shall be sufficiently watered to prevent excessive amounts of dust. Watering shall occur at least twice daily with complete coverage,preferably in the late morning and after work is finished for the day. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed water should be used whenever possible. B. All clearing,grading,earth moving,or excavation activities shall cease during periods of high winds (i.e.greater than 20 mph averaged over one hour) so as to prevent excessive amounts of dust. C. All material transported off-site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. D. The area disturbed by clearing,grading,earth moving,or excavation operations shall be minimized so as to prevent excessive amounts of dust. E. Permanent dust control measured identified in the approved project revegetation and landscape plans shall be implemented as soon as possible following completion of any soil disturbing activities. F. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading shall be sown with fast-germinating native grass seed and watered until vegetation becomes established. G. All disturbed areas not subject to revegetation shall be stabilized using approved chemical soil binders,jute netting,or other methods approved in advance by the APCD. H. All roadways,driveways,sidewalks,etc.to be paved shall be completed as soon as possible. In City of Atascadero Resolution No.2002-042 Page 6 Conditions of Approval Timing Responsibility Mitigation CUP 2002-0067 /Monitoring Measure PD-16-2 Overlay 2000 Ferrocarril PS:Planning Services BU Business Ucense BS:Building Services GP:Grading Pemtit FD:Fire Departnent BP:Building Pernet PD:Police Deparknerd Fl:Find Inspection CE:City Engineer TO:Temporary Occupancy WW:Wastewater F0:Final Occupancy CA City Attorney addition,structural foundations shall be completed as soon as possible following building pad construction. I. On-site vehicle speed shall be limited to 15 mph for any unpaved surface. J. All unpaved areas with vehicle traffic shall be watered at least twice per day,using non-potable water. K. Streets adjacent to the project site shall be swept daily to remove silt which may have accumulated from construction activities so as to prevent excessive amounts of dust from leaving the site. L. Wheel washers may be required when significant offsite import or export of fill is involved. M. All dirt stock-pile areas should be sprayed daily as needed. 10. A multi-use Class I bicycle, pedestrian and equestrian IP PS 3.c.1. trail will be provided from Chico Road to the Salinas River and along the shoulder of the new proposed street. 11. Large canopy shade trees shall be provided along street IP PS 3.c.2. frontages to minimize urban heat build-up. 12. All construction within the drip lines of native trees shall IP PS 4.e.1. be consistent with the mitigation requirements of the 5/13/02 arborist report. 13. A tree fencing protection plan shall be submitted with IP PS 4.e.2. construction plans and installed prior to permit issuance 14. All tree removals shall be mitigated consistent with the IP PS 4.e.3. requirements of the Atascadero Native Tree Ordinance 15. An arborist shall be retained monitor construction, IP PS 4.e.4. mitigations,and overall tree health. 16. A Storm Water Pollution Prevention Plan (SWPPP) will IP PS 8.c.1. be required to be approved by the RWQCB prior to construction. 17. Deed disclosures shall be recorded against all lots FM PS 11.a.1. notifying potential buyers that noise levels on their property will most likely exceed the recommended limits established by the City of Atascadero when trains are present on the tracks. Advise buyers that noise levels during train passbys will be very loud, potentially City of Ataseadero Resolution No.2002-042 Page 7 Conditions of Approval Timing Responsibility Mitigation CUP 2002.0067 /Monitoring Measure PD-16-2 Overlay 2000 Ferrocarril PS:Planning Services BL:Business License BS:Building Services GP:Grading Permit FD:Fire Department BP:Building Permft PD:Police Department FI:Final Inspecion CE:City Engineer TO:Temporary Occupancy WW:Wastevraisr F0:Final Occupancy CA:City Mornay annoying,and perhaps startling. 18. Locate outdoor living spaces out of direct line-of-sight IP PS 11.a.2. with the railway to the extent possible. 19. Installed landscaped berms around outdoor living areas IP PS 11.a.3. that have direct line-of-sight with the railway. 20. Construct all housing will stucco siding and concrete or On Going PS 11.a.4. tile roofing materials to reduce interior noise. 21. Minimize windows that have direct line of sight with On Going PS 11.a.5. railway. 22. Prior to recording the final map,the applicant shall make FM PS/CE AMWC-1 every effort to annex the property into the AMWC service area. The annexation is required to provide the subdivision with an adequate, safe and reliable source of water for domestic and fire suppression uses. If annexation into the AMWC service area fails for reasons beyond the control of the applicant, the applicant shall perform well tests on each lot to the satisfaction of the City Engineer. The final map shall not record until the well tests reveal there is an adequate, safe, reliable and long-term water supply available for each lot. 23. The applicant shall provide a 145-foot wide exclusionary FM PS AMWC-2 easement contiguous to the northerly tract boundary that expressly prohibits construction of septic systems or wells, or otherwise approved by the Atascadero Mutual Water Company. The applicant shall provide the easement by separate instrument, shall show the easement on the final map, and shall address the restrictions in the CC&R's for the project. 24. The applicant shall record instruments separate from and FM PS AMWC-3 concurrent with the final map that discloses the following to all property owners within the subdivision. AMWC shall review and approve the form and content of the instruments relative to these conditions of approval before they record. a. AMWC operates community water wells on the parcel adjacent to the subdivision (the "River Parcel") and that operation said community wells will have influence over and interfere with the private wells constructed on the lots within the subdivision. b. Development and operation of community wells and other water-related facilities on the River Parcel will be of an industrial nature. Impacts to the subdivision will result from operations on the City of Atascadero Resolution No.2002-042 Page 8 Conditions Of Approval Timing Responsibility Mitigation CUP 2002-0067 /Monitoring Measure PD-16.2 Overlay 2000 Ferrocarril PS:Planning Services BL:Business License BS:Building Services GP:Grading Permit FD:Fire DepaMient BP:Building Pen it PD:Police Departrnent Fl:Fined Inspection CE:City Engineer TO:Temporary Occupancy M.Wastewater F0:Fined Occupancy CA City Atiorney River Parcel that produce intermittent and continuous noise and dust. Other activities will include the drilling of wells, excavation of recovery ponds, construction of pipelines, hauling, handling and storage of hazardous materials, and construction of well and treatment buildings. c. The existence of an easement that prohibits construction of septic systems or wells within 145- feet of the northerly tract boundary. d. The possible future uses of the River Parcel that could include residential subdivisions, public parks or other uses. e. Prohibitions on the export of water from the private wells within the subdivision or transfer of water between properties within the subdivision. 25. All proposed trail access points on to AMWC property, FM PS AMWC-4 the Salinas River or the De Anza trail shall include appropriate signage and vehicular barriers to prevent property damage, damage to the riparian environment, vandalism, uses inconsistent with AMWC policies, or other inappropriate or illegal uses. All access points shall be adequately maintained by the City or an entity established to maintain the trail system. Access to AMWC property where the proposed roadway is contiguous to the northerly tract boundary shall be controlled in a manner consistent with other access points to AMWC property. -end of conditions- City of Atascadero Resolution No.2002-042 Page 9 EXHIBIT B:Site Plan Sheet 1 CUP 2002.0067: PD-16-2 Master Plan of Development • ,,�(� •W0.�� .Ib4_,., __,,.: ' Q r' 1 .I jr 1 T A t< v.l .x + pF xr�_1 yl m • .J TO 1 �, 1� •� 1 i, I 1 1 I I 1 I City of Atascadero Resolution No.2002-042 Page 10 EXHIBIT B:Site Plan Sheet 2 CUP 2002-0067: PD-16-2 Master Plan of Development i ' ural ' ------ '---------� Low i• i N , Is ------ N VA Ll - 1 I � i City of Atascadero Resolution No.2002-042 Page 11 EXHIBIT C Statistical Summary of Project CUP 2002-0067: PD-16-2 Master Plan of Development Lot 1 2.50 ac residential Lot 2 2.50 ac residential Lot 3 2.50 ac residential Lot 4 2.50 ac residential Lot 5 2.50 ac residential Lot 6 2.50 ac residential Lot 7 2.52 ac residential Lot 8 2.77 ac residential Lot 9 1.14 ac residential Lot 10 1.14 ac residential Lot 11 1.22 ac residential Lot 12 1.01 ac residential Lot 13 1.00 ac residential Lot 14 2.80 ac residential Lot 15 2.47 ac residential Lot 16 5.77 ac open space City of Ataseadero Resolution No.2002-042 Page 12 EXHIBIT D: Arborist Report page 1 CUP 2002-0067: PD-16-2 Master Plan of Development JUN 5'' 2002 'A 802 PASO ROBLES STREET PASO ROBLES,CALIFORNIA 93446 805,1114-30351591U E�T 42 ARBOR TREE SURGERY Date: 5/13/02 FILE C To: Kelly Gearhart From: Steven Alvarez,Arbor Tree Surgery Re: Riverbed Development,Atascadero This report is in regards to the Oak Trees bordering the existing road through the Riverbed Development. After reviewing the site,fifteen Oak.Trees will have impacts varying from slight to recommending removal. The trees are labeled on the accompanying map in an East to West direction. A large proportion of the trees require "road clearance"which unless otherwise specified will require a maximum of 5-10% canopy removal for vehicular traffic. The height above road level should be 16 feet. All pruning activities should be supervised by a trained arborist. "Dbh"referred to below is the diameter at breast height. Two trees will require retaining walls that should be constructed according to the following mitigation measures: 1) Trenching operations should be either hand dug or performed by an experienced backhoe operator. 2) All roots encountered larger than one inch in diameter should be cut with sharp tools. 3) The footing should be re-buried as soon as practically possible. Trees 1) 24"Live Oak-Road Clearance 2) 36"Live Oak-Road Clearance 3) 24"Live Oak-Road Clearance 4) 48"Live Oak-Road Clearance 5) 28"Live Oak-Road Clearance 6) 14"Live Oak-Removal is recommended for this tree due to its proximity to the roadway. 7) 60"Live Oak-Road Clearance 8) 72"Live Oak-Road Clearance 9) 40"Live Oak-Road Clearance 10) 11"Live Oak-This tree requires a retaining wall at approximately 8 feet out from the main stem so the soil level can be returned to its original grade. 11) 8"Live Oak-A retaining wall should be constructed to return soil level to its original grade. 12) 28"Live Oak-Road Clearance City of Ataseadero Resolution No.2002-042 Page 13 EXHIBIT D: Arborist Report page 2 CUP 2002-0067: PDA 6-2 Master Plan of Development 13) 50"White Oak-This particular tree has an extremely poor crotch between its two dominant stems. Failure is highly probable. Removal is recommended. 14) 48"White Oak-Road Clearance 15) 42"White Oak-Road Clearance All trees,except the removals,should be protected with construction fencing at the edge of the roadway. Excess fill should not be placed under the drip line of any tree. Drip line areas should not be used as a storage site nor should heavy machinery be operated there. All contractors working in this vicinity should sign off on this arborist report along with the plans identifying the trees. Since Steven G.Alvarez Certified Arborist#0511 Arbor Tree Surgery ® � M7- 777k- I, T � .Al' H � AlY �4t M ISO- it . City of Atascadero Resolution No.2002-042 Page 15 EXHIBIT E: ELEVATIONS AND COLOR AND MATERIALS CUP 2002-0067: PD-16-2 Master Plan of Development 3 gffi yy 1j N r., Y x s .& ............. ,,.,,.,. _..... _,_ � fry,