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HomeMy WebLinkAboutOrdinance 326 CERTIFICATION I, Marcia M. Torgerson, City Clerk of the City of Atascadero, hereby certify that the foregoing is the true and correct original of Ordinance No. 326 adopted by the Atascadero City Council at a regular meeting thereof held on May 27, 1997 and that it has been duly published pursuant to State Law. DATED: o "g Marcia M. Torgerson City Clerk City of Atascadero, California ORDINANCE NO. 326 AN ORDINANCE OF THE COUNCIL OF THE CITY OF ATASCADERO AMENDING MAP 6 OF THE OFFICIAL ZONING MAPS BY REZONING CERTAIN REAL PROPERTIES AT 5392 BARRENDA AVENUE FROM RMF/16 TO RMF/16 (PD7) (ZC 96010: Norton) WHEREAS, the proposed zoning map amendment is consistent with the General Plan in effect at the time of application acceptance, as required by Section 65860 of the California Government Code; and WHEREAS, the proposed amendment is in conformance with Section 65800 et seq. of the California Government Code concerning zoning regulations; and WHEREAS, the proposed amendment will not have a significant adverse impact upon the environment. The Negative Declaration prepared for the project is adequate; and WHEREAS, the Atascadero Planning Commission held a public hearing on April 15, 1997, 1997, and has recommended approval of Zone Change 96010 . NOW, THEREFORE, the Council of the City of Atascadero does ordain as follows : Section 1 . Council Findings . 1 . The proposal is compatible with surrounding land uses and the zoning in effect at the time of application acceptance. 2 . The proposal is consistent with the General Plan in effect at the time of application acceptance. 3 . The proposal will not result in any significant adverse environmental impacts . The Negative Declaration pre- pared for the project is adequate. 4 . Modification of development standards or processing requirements is warranted to promote orderly and harmonious development. Ordinance No. 326 Page 2 5 . Modification of development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area. 6. Benefits derived from the overlay zone cannot be reasonably achieved through existing development standards or processing requirements . 7 . The proposed plans offer certain redeeming features to compensate for requested modifications . Section 2 . Zoning Map. Map number 6 of the Official Zoning Maps of the City of Atascadero on file in the City Community Development Department is hereby amended to reclassify the parcels listed below, and shown on the attached Exhibit A which is hereby made a part of this ordinance by reference: Lots 6 & 7, Block D-A, Atascadero Colony Assessor' s Parcel No. 029-062-010 Development of said property shall be in accordance with the approved Master Plan of Development shown on the attached Exhibit B the Conditions of Approval shown on the attached Exhibit C. Section 3 . Publication. The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published, and circulated in the City in accordance with Section 36933 of the Government Code; shall certify the adopting and posting of this ordinance and shall cause this ordinance and this certification together with proof of posting to be entered into the Book of Ordinances of the City. Section 4 . Effective Date. This ordinance shall go into effect and be in full force and effect at 12 : 01 a.m. on the 31st day after its passage. Ordinance No. 326 Page 3 On motion by Councilmember Carden, seconded by Councilmember Clay, the foregoing ordinance is approved by the following roll call vote: AYES: Councilmembers Carden, Clay, Lerno, Luna and Mayor Johnson NOES: None ABSENT: None ADOPTED: . May 27, 1997 CIT AT ERO E B C �--• RAY JOHN 0 , May r ATTEST: )21. 1- MARCIA M. TORGERSON, City Clerk APP OVED AS TO FORM: ROYHANLE , Citj Attorney PRE ARED BY: STEVEN L. DECAMP, Acting Director Community Development Department ( EXHIBIT(s) ON FILE IN CITY CLERK'S OFFICE) einm.;:� ORDINANCE NO. 3 Z Co EXHIBIT B Page I of I II ;; 11 Iil 1 .! I =f 1 1 � ::� i OS1 1; r �E 63e.ai11d31 Mali if f�- .000 1 11 r--j t 11 ( 1 ,let -------- ..r- i •`\\\ � r ..u.a' _.,.tee s . '\. -!j. -----� ��(�\. {�� •T,yam i�Jrw �l Sr'-� ^\`a.a�'��yy '�- r. ; •� �,` ' •.., .:, �,,.. ``may 1 ---------'Ff------------------- .. ,VI -� jr • - -- EXHIBIT C Ordinance 326 CONDITIONS OF APPROVAL: 1 . This approval is based on plans contained in Attachments D through I . All development shall be in substantial conformance with those Attachments (the Master Plan of Development) , this Attachment (Conditions of Approval) and all applicable codes, ordinances and standards of the City of Atascadero. Any modifications of the project shall require review and approval by the Community Development Department. 2. Landscape plans provided during building permit review shall include the planting of at least one (1) native tree on each lot. Additional tree replacement requirements (for trees removed) shall be satisfied by either on-site plantings or in lieu contributions into the City's Tree Replacement Fund prior to final building inspections. 3. Grading plans provided during building permit review shall include a tree protection plan prepared by a certified arborist or resource professional with similar education and experience. Any pruning of existing native trees shall be included as part of the tree protection plan, and the project arborist shall perform or supervise that pruning. 4 . Prior to the issuance of building/grading permits, the project arborist shall verify that tree protection has been installed on-site in accordance with the tree protection plan. Prior to any final inspections, the project arborist shall verify that all pruning of native trees was indeed done under his/her supervision. In addition, the project arborist shall supervise trenching for the installation of the drainage pipe across the adjoining property to the east and, prior to final inspection, shall verify that no roots over two (2) inches in diameter were severed. 5. All units shall be set back from the private road easement by at least fifteen (15) feet, with the exception of Lot 5 which shall remain at 13.8 feet from the easement. (NOTE: This will require that the residences on Lots 1 & 5 be shifted slightly to the southeast and southwest, respectively) . Fire Department Conditions 6. A new fire hydrant shall be installed at the entrance to the project, and the existing fire hydrant located at 5370 Barrenda Avenue shall be upgraded to current standards. Both of these hydrants shall be shown on plans provided during building permit review and the work shall be verified prior to final inspections. Engineering Department Conditions 7. All public improvements shall be constructed in conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 8 . The applicant shall enter into a Plan Check/Inspection agreement with the City. Prior to recordation of the final map, all outstanding plan check/inspection fees shall be paid. 9. An encroachment permit shall be obtained from the City Engineering Department prior to the issuance of building permits. 10. A Preliminary Soils Report shall be prepared for the property to determine the presence of expansive soil or other soil problems and shall make recommendations regarding grading of the proposed site. A final soils report shall be submitted by the soils engineer prior to the final inspection and shall certify that all grading was inspected and approved and that all work done is in accordance with the plans and the preliminary report. The final map shall state that a soils report has been prepared for the project. The statement shall provide the date the report was prepared along with the name and address of the soils engineer or geologist who prepared the report. 11 . All public improvements or improvements in the public right- of-way shall be secured with a 100% Performance Guarantee and a 50% Labor and Materials Guarantee until the improvements are deemed substantially complete by the City Engineer. Prior to the final inspection of the improvements, and before the other guarantees mentioned in this condition are released, a 10% Maintenance Guarantee shall be posted to cover the improvements for a period of 1 year from the date of the final inspectiox.. The guarantee amounts shall be based on an engineer's estimate submitted by the project engineer and approved by the City Engineer. The estimate shall be based on City standard unit-prices. The Guarantees posted for this project shall be approved by the City Attorney. 12. A six (6) foot Public Utility Easement (PUE) shall be provided contiguous to all street frontages. 13. The applicant shall be responsible for the relocation and/or alteration of existing utilities. 14 . 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. 15. The applicant shall overlay any utility trenching in existing streets to restore a smooth riding surface as required by the City Engineer. 16. The applicant shall construct all drainage facilities to City of Atascadero Standards. Each improvement shall be designed so as to not increase the rate of flow of water onto adjacent properties . The applicant shall demonstrate that the proposed drainage facilities provide safe conveyance for the overflow conditions which may occur during the 100-year design event. 17 . Drainage shall cross lot lines only where a drainage easement has been provided. Drainage from off-site areas shall be conveyed across the project site in drainage easements . 18 . The applicant shall limit storm water discharge from the developed site to the design capacity of the downstream drainage improvements. The applicant shall demonstrate that the design capacity of the downstream drainage improvements, or natural water courses, can adequately convey the total flow of storm water from the fully developed watershed plus the developed project site without adversely affecting other properties. Or the applicant shall detain storm water on the site in conformance with City Standards. 19. The applicant shall submit a grading and drainage plan, prepared by a registered civil engineer, for review and approval by the City Engineer prior to the recordation of the final map. 20. A sedimentation/erosion control plan addressing interim erosion control measures to be used during construction shall be submitted for review and approval by the City Engineer if development is to occur between October 15 and April 15. The sedimentation/erosion control plan shall be prepared by a registered civil engineer. 21 . The applicant shall submit road improvement plans prepared by a registered civil engineer for review and approval by the City Engineer prior to recordation of the parcel map. Road improvements plans shall conform to the requirements of the City Standard Specifications, Section 2 - Preparation of Plans. R-value testing shall be done, and the pavement section designed by a registered civil engineer to the satisfaction of the City Engineer. Road improvements shall include, but not be limited to the following: A. Barrenda Avenue shall be improved from centerline to the property frontage in conformance with City Standard 405 (Local) contiguous to ,the entire property frontage with the exception that the pavement width from center- line to the face-of-curb shall be 15 feet to match the existing improvements east of the project site, or as approved by the City Engineer. The improvements may require the overlaying of the existing pavement to remedy an inadequate structural section or to remedy a deteriorated paving surface. Transitions shall be constructed where required to achieve a smooth join with existing improvements. Sidewalk shall be constructed along Barrenda Avenue, but only to the extent shown on the preliminary grading plan (Attachment E) . B. Slope easements shall be provided on each side of the right-of-way as needed to accommodate cut or fill slopes. C. The on-site street shall be fully improved in conformance with City Standard Drawing No. 429 "Fire Access Standards (Private Roads) " . The on-site street shall be paved and shall provide a minimum width of 20 feet from face-of-curb to face-of-curb, unless otherwise approved by the City Fire Marshall . Parking shall be prohibited along the on-site street. 22 . The applicant shall monument all property corners for construction control and shall promptly replace them if disturbed. The applicant shall install all final property corners and street monuments, or bond for them, prior to acceptance of the improvements. 23. The applicant shall acquire title or 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 or egress is affected by these improvements . 24 . The applicant shall pay all sewer annexation fees prior to the recordation of the final map. 25. The applicant shall submit a written statement from a registered civil engineer that all public improvements have been completed and are in substantial conformance with the approved plans prior to the recordation of the final map. 26. The applicant shall submit written certification that all survey monuments have been set as shown on the final map prior to the final inspection. 27 . The applicant shall submit a maintenance agreement for the private drainage system (and the private on-site road) for review and approval by the City Engineer and the City Attorney. The approved maintenance agreement shall be recorded prior to recordation of the final map. 28 . Approval of this tentative tract map shall expire two (2) years from the date of final approval unless an extension of time is granted pursuant to a written request received prior to the expiration date. 29. Exterior colors shall be specified on plans submitted for a building permit and shall be approved by staff prior to the issuance of building permits. 30. Retaining walls constructed as part of foundation systems shall not exceed three (3) feet in height nor preclude the placement of windows in affected walls. 31. Retaining walls on Lot 5 shall be moved to the property line. C: \data\wp\map\ttm96010.coo