HomeMy WebLinkAboutResolution 04-121 2004-10-26RESOLUTION NO.: 04-121
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF EL PASO DE ROBLES
TO GRANT APPROVAL FOR TENTATIVE PARCEL MAP PR 04-0491
(ALBAN/EBERLE) APN: 009-083-001
WHEREAS, this is Tentative Parcel Map PR 04-0491, an application filed by Jeanie Eberle and John
Alban, to subdivide an approximately five acre parcel into four (4) individual parcels. The property is ,
zoned Manufacturing Planned-Develoment (M P-D), and is located at 1850 Ramada Drive; and
WHEREAS, the applicant proposes to create four lots that would be: 24,000 s.f.; 30,000 s.f.; 32,500 s.f.;
and 3.27 acres respectively; and
WHEREAS, the existing building on proposed Parcel 1 will remain, and the other proposed three parcels
will be vacant until each property owner obtains approval of an individual Planned Development
application from the Planning Commission; and
WHEREAS, the proposed map is consistent with the requirements of the Zoning Ordinance and General
Plan; and
WHEREAS, the proposed tentative parcel map is Categorically Exempt from environmental review per
Section 15315 of the State's Guidelines to Implement the California Environmental Quality Act (CEQA),
Class 15, Minor Land Divisions; and
WHEREAS, the open public hearing was conducted by the Planning Commission on October 26, 2004 to
consider facts as presented in the staff report prepared for the tentative parcel map, and to accept public
testimony regarding the application; and
WHEREAS, based upon the facts and analysis presented in the staff report, public testimony received
and subject to the conditions listed below, the Planning Commission makes the following findings as
required by Government Code Sections 66474 and 65457:
The proposed tentative parcel map is consistent with the adopted General Plan for the City of El
Paso de Robles;
1.
The design of lots, drainage, sewers, water and other improvements is consistent with the
General Plan and Zoning Ordinance;
2.
The site is physically suitable for the type of development proposed;3.
The site is physically suitable for the proposed density of development;4.
The design of the land division is not likely to cause substantial environmental damage or
substantially and unavoidably injure fish or wildlife or their habitat;
5.
The land division proposed is not likely to cause serious public health problems;6.
7.The design of the land division will not conflict with easements acquired by the public at large,
for access through or use of, property within the proposed subdivision;
8.The fulfillment of the requirements listed in the Conditions below are a necessary prerequisite to
the orderly development of the site and surrounding area.
NOW, THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of El Paso de
Robles, does hereby grant tentative map approval for Tentative Parcel Map PR 04-0491 subject to the
following conditions of approval.
STANDARD CONDITIONS OF APPROVAL:
1. The applicant/developer shall comply with those standard conditions which are indicated as
applicable in "Exhibit A" to this resolution.
SITE SPECIFIC CONDITIONS OF APPROVAL:
NOTE: In the event of conflict or duplication between standard and site specific conditions, the site
specific condition shall supersede the standard condition.
PLANNING
2. The project shall be designed so that it substantially conforms with the following exhibit and
conditions established by this resolution:
DESCRIPTIONEXHIBIT
Tentative Parcel Map PR 04-0491B
3. Pursuant to submittal requirements and Standard Condition B-1 of Attachment A, prior to
occupancy the applicant shall provide on a 3.5 inch disk or IBM-compatible CD a copy of all
signed and stamped approved plans, exhibits, resolutions, and all submittal materials and other
documentation pertaining to approval of this application for electronic archiving. The applicant
may elect to have the City send out the documents for scanning at the applicant's expense.
4. Prior to the issuance of any building permits, site plans, archtitectural elevations and landscaping
plans shall be reviewed by the Development Review Committee.
5. Approval of a Planned Develoment application shall be required prior to development of each
parcel. A Constructive Notice shall be recorded on the deeds of the newly created parcels that
requires that a traffic study shall be required to be prepared for development of each property,
including Parcel 1, if future proposed land uses (and traffic generation) are proposed to be more
intense than existing land uses. The property owners will be required to enter into an Agreement
to Participate in Intermim Improvements for the Highways 46 West and 101 interchange, and
also an Agreement Not to Oppose Formation of a Community Facilities District to implement the
long-term interchange improvements.
2
6. A Constructive Notice shall be recorded on the deed of Parcel 3 that when development is
proposed on this parcel that the existing oak trees shall be preserved in compliance with the City
Oak Tree Ordinance.
ENGINEERING
1. Prior to recordation of the final parcel map, curb, gutter and sidewalk shall be constructed along
the frontage of the property in accordance with City Industrial Standard A-4 and plans approved
by the City Engineer. The plans and construction program shall include the installation of street
lights, underground utilities necessary to serve the new parcels, and fire hydrants as required by
the Fire Chief.
2. Prior to recordation of the final parcel map, a storm water detention basin, sized to accommodate
the ultimate development of the property shall be constructed in accordance with plans approved
by the City Engineer.
3. Prior to recordation of the final parcel map, all overhead utilities located on or adjacent to the
subject property shall be relocated underground.
4. Prior to recordation of the final parcel map, appropriate private easements shall be provided for
the extension of sewer and water lines to each parcel.
5. Prior to recordation of the final parcel map, the applicant shall construct a 16-inch water main
along the frontage of the property (or in an easement on the property) in accordance with plans
approved by the City Engineer. An easement for the water main shall be dedicated on the final
parcel map if required by the City Engineer. The applicant may request the City Council for
reimbursement for the construction cost of this water main.
PASSED AND ADOPTED THIS 26 h day of October, 2004 by the following Roll Call Vote:
Commissioners -Hamon, Ferravanti, Johnson, Steinbeck, Kemper, and Mattke
Commissioners -Chair Flynn
Commissioner -None
Commissioners -None
AYES:
NOES:
ABSENT:
ABSTAIN:
CINITRNAN, fOMtZ5
ATTEST:
ROBERT A. LATA
SECRETARY OF THE PLANNING COMMISSION
3
L
EXHIBIT A OF RESOLUTION 04-121
CITY OF EL PASO DE ROBLES STANDARD DEVELOPMENT CONDITIONS
FOR SINGLE FAMILY RESIDENTIAL TRACT AND PARCEL MAPS
PROJECT #:Tentative Parcel Map PR 04-0491
APPROVING BODY:_Planning Commission
DATE OF APPROVAL: 10/26/04
APPLICANT:_Alban, Eberle
LOCATION: -1 R5O Ramada Drive
The following conditions that have been checked are standard conditions of approval for the above referenced
project. The checked conditions shall be complied with in their entirety before the project can be finalized, unless
otherwise specifically indicated. In addition, there may be site specific conditions of approval that apply to this
project in the resolution.
COMMUNITY DEVELOPMENT DEPARTMENT -The applicant shall contact the Planning Division, (805)
237-3970, for compliance with the following conditions:
GENERAL CONDITIONSA.
This project approval shall expire on October 26, 2006, unless a time extension request is filed
with the Community Development Department prior to expiration.
1.
The site shall be developed and maintained in accordance with the approved plans and unless
specifically provided for through the Planned Development process, development shall comply
with the Zoning Code, all other applicable City Ordinances, and applicable Specific Plans.
2.
Prior to recordation of the map, all conditions of approval shall be completed to the satisfaction of
the City Engineer and Community Developer Director or his designee.
3.
This project is subject to the California Environmental Quality Act (CEQA), which requires the
applicant submit a $25.00 filing fee for the Notice of Determination payable to "County of San
Luis Obispo". The fee should be submitted to the Community Development Department within 24
hours of project approval, which is then forwarded to the San Luis Obispo County Clerk. Please
note that the project may be subject to court challenge unless the required fee is paid.
4.
In accordance with Government Section 66474.9, the subdivider shall defend, indemnify and hold
harmless the City, or its agent, officers and employees, from any claim, action or proceeding
brought within the time period provided for in Government Code section 66499.37, against the
City, or its agents, officers, or employees, to attack, set aside, void, annul the City's approval of
this subdivision. The City will promptly notify subdivider of any such claim or action and will
cooperate fully in the defense thereof.
5.
(Adopted by Planning Commission Resolution 94-038)
1
6.All signs shall be subject to review and approval as required by Municipal Code Section 21.19 and
shall require a separate application and approval prior to installation of any sign.
All existing and/or new lighting shall be shielded so as to be directed downward in such a manner
as to not create off-site glare or adversely impact adjacent properties. The style, location and
height of the lighting fixtures shall be submitted with the building plans and subject to approval by
the Community Development Department.
7.
'
8.All existing and/or new landscaping shall be installed with automatic irrigation systems.
D 9.All walls/fences and exposed retaining walls shall be constructed of decorative materials which
include but are not limited to splitface block, slumpstone, stuccoed block, brick, wood, crib walls
or other similar materials as determined by the Development Review Committee, but specifically
excluding precision block.
The following areas shall be placed in a Landscape and Lighting District:10.
All lots shall be included in the Landscape and Lighting District for maintenance of street lights
and the area within the 100-year flood inundation area
LI 11.The following areas shall be permanently maintained by the property owner, Homeowners'
Association, or other means acceptable to the City:
LI The applicant shall install durable, decorative fence/wall treatments and landscaping along all
arterial streets consisting of brick, tubular steel with pilasters, or other similar materials as
determined by the Development Review Committee, but specifically excluding precision block and
wood fences. Substantial setbacks with landscaping may be considered as an alternative, subject to
approval by the Development Review Committee.
12.
LI The applicant shall provide a one-foot non-access easement along the rear/side of all lots that back
up/side against a collector or arterial street.
13.
THE FOLLOWING CONDITIONS SHALL BE COMPLETED PRIOR TO THE ISSUANCE OFB.
BUILDING PERMITS OR RECORDATION OF THE FINAL MAP, WHICHEVER OCCURS
FIRST:
Two sets of the revised Planning Commission approved plans incorporating all Conditions of
Approval, standard and site specific, shall be submitted to the Community Development
Department.
1.
LI Prior to the issuance of building pennits, the
Q Development Review Committee shall approve the following:
Q Planning Division Staff shall approve the following:L a. A detailed landscape plan including walls/fencing;
2.
Q b.Other: Exterior Lighting Cut Sheets
(Adopted by Planning Commission Resolution 94-038)
2
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E 3.The Covenants, Conditions, and Restrictions (CC&Rs) and/or Articles Affecting Real Property
Interests are subject to the review and approval of the Community Development Department, the
Public Works Department and/or the City Attorney. They shall be recorded concurrently with the
Final Map or prior to the issuance of building permits, whichever occurs first. A recorded copy
shall be provided to the affected City Departments.
4.The applicant shall agree, in a manner acceptable to the City Attorney, to pay impact mitigation
fees as may be established through a resolution or ordinance adopted by the City Council, in effect
at the time building permits are issued.
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6.Street names shall be submitted for review and approval by the Planning Commission, prior to
approval of the final map.
LI 7.The developer shall provide constructive notice to all buyers that all homes are required to utilize
semi-automated trash containers as provided by the City's franchisee for solid waste collection.
LI 8.The developer shall provide constructive notice to future buyers that all residential units shall be
required to be equipped with trash compactors.
LI The applicant shall meet with the City's Crime Prevention Officer prior to the issuance of building
permits for recommendations on security measures to be incorporated into the design of the
structures to be constructed. The applicant is encouraged to contact the Police Department at
(805) 237-6464 prior to plan check submittal.
9.
(Adopted by Planning Commission Resolution 94-038)
3
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PUBLIC WORKS DEPARTMENT -The applicant shall contact the Engineering Division, (805) 237-3860, for
compliance with the following conditions:
APPLICANT: Alban, Eberle
REPRESENTATIVE: Lewis
PROJECT: Tentative Parcel Map 04-0491
PREPARED BY: John Falkenstien
CHECKED BY:
TO PLANNING:
C.PRIOR TO ANY PLAN CHECK:
The applicant shall enter into an Engineering Plan Check and Inspection Services Agreement with
the City.
1.
D.PRIOR TO RECORDING OF THE FINAL OR PARCEL MAP:
The owner shall pay all Final Map fees, and current and outstanding fees for Engineering Plan
Check and Construction and Inspection services and any annexation fees due.
1.
2.If, at the time of approval of the final/record parcel map, any required public improvements have
not been completed and accepted by the City the owner shall be required to enter into a
Subdivision Agreement with the City in accordance with the Subdivision Map Act, prior to
recordation. The owner shall also be required to post securities to guarantee the installation and
completion of said improvements as specified in the Subdivision Map Act and submit a Certificate
of Insurance as required by the City. The owner shall also be required to post securities for
grading in accordance with Section 7008 of the Uniform Building Code, latest edition. This bond
shall be of sufficient amount to ensure completion of the grading and drainage facilities. (A
finding of "orderly development" has been made for this condition on parcel maps).
Bonds required and the amount shall be as follows:
Performance Bond......100% of improvement costs.
Labor and Materials Bond........50% of performance bond.
D 3.The developer shall annex to the City's Landscape and Lighting District for payment of the
operating and maintenance costs of the following:
Ela. Street lights;
Q b. Parkway and open space landscaping;
Q c. Wall maintenance in conjunction with landscaping;
Qld. Graffiti abatement;
De. Maintenance of open space areas.
D The owner shall offer to dedicate to the City a 6 foot public utilities and 6 foot tree easement
adjacent to all road right-of-ways. The owner shall offer to dedicate to the City the following
easement(s). The location and alignment of the easement(s) shall be to the description and
satisfaction of the City Engineer:
4.
Wa.
Wb.
Qc.
Ed.
Qe.
Public Utilities Easement;
Water Line Easement;
Sewer Facilities Easement;
Landscape Easement;
Storm Drain Easement.
(Adopted by Planning Commission Resolution 94-038)
4
5.The subdivider shall offer to dedicate and improve the following street(s) to the standard indicated:
Ramada Drive Industrial A-4
Street Name City Standard Standard Drawing No.
6.Landscape and irrigation plans for the public right-of-way shall be incorporated into the
improvement plans and shall require a signature of approval by the Department of Public Works,
Street Superintendent and the Community Development Department.
All improvement plans shall be prepared by a registered civil engineer and shall be submitted to
the City Engineer for review and approval. The improvements shall be designed and placed to
Public Works Department Standards and Specifications.
7.
8.Prior to any site work a Preliminary Soils Report shall be prepared for the property to determine
the presence of expansive soils or other soils problems and shall make recommendations regarding
grading of the proposed site.
The applicant shall submit a composite utility plan signed as approved by a representative of each
public utility, together with the improvement plans. The composite utility plan shall also be signed
by the Water, Fire, Wastewater and Street Division Managers.
9.
10.A complete grading and drainage plan prepared by a registered civil engineer shall be included
with the improvement plans. Drainage calculations shall be submitted, with provisions made for
on-site detention/ retention if adequate disposal facilities are not available, as determined by the
City Engineer.
]The owner shall provide an additional map sheet to record concurrently with the final map or
parcel map showing the lot configuration, and the area subject to inundation by the 100 year storm
with base flood elevations shown in feet, in relation to the National Geodetic Vertical Datum of
1929.
11.
The owner shall install all utilities (sewer, water, gas, electricity, cable TV, and telephone)
underground to each lot in the subdivision. Street lights shall be installed at locations as required
by the City Engineer. All existing overhead utilities adjacent to or within the project shall be
relocated underground, except for electrical lines 77 kilovolts or greater. All utilities shall be
extended to the boundaries of the project, unless it is determined that no need for future extension
exists. All underground construction shall be completed and approved by the City and the public
utility companies, and the subgrade shall be scarified and compacted, before paving the streets.
12.
Any utility trenching in existing streets shall be overlaid to restore a smooth riding surface as
required by the City Engineer. Boring and jacking rather than trenching may be required on newly
constructed or heavily traveled City Streets.
13.
LI Prior to paving any street, the water and sewer systems shall successfully pass a City pressure test.
The sewer system shall also be tested by a means of a mandrel and video inspection with a copy of
the video tape provided to the City. No paving shall occur until the City has reviewed and viewed
the sewer video tape and has determined that the sewerline is acceptable. Any repair costs to the
pipeline including trench paving restoration shall be at the developer's expense.
14.
(Adopted by Planning Commission Resolution 94-038)
5
D 15.The owner shall install all street name, traffic signs and traffic striping as directed by the City
Engineer.
D 16.The adjoining existing City street is inadequate for the traffic generated by the project, or will be
severely damaged by the construction. The applicant shall remove the entire roadway and replace
it with a minimum full half-width street plus a 12' wide travel lane and 8' wide base shoulder
adequate to provide for two-way traffic. (A finding of "rough proportionality" has been made in
the resolution for this condition.)
LI 17.The development includes a phased street construction along the project boundary for future
completion by the adjacent property owner, the applicant shall provide a minimum half-width
street plus a 12' travel lane and 4' wide base shoulder adequate for two-way traffic. (A finding of
"rough proportionality" has been made in the resolution for this condition.)
2 18.The project fronts on an existing street. The applicant shall pave-out from the proposed gutter to
the edge of pavement if the existing pavement section is adequate, and shall feather the new paving
out to the centerline for a smooth transition. If the existing pavement, structural sections or
geometrics are inadequate per current City Standards, the roadway shall be replaced to centerline
and the remaining pavement shall be overlaid. (A finding of "rough proportionality" has been
made in the resolution for this condition.)
E.PRIOR TO ANY SITE WORK:
The applicant shall obtain a Grading Permit from the City Building Division.1.
LI Prior to issuance of a Grading Permit the developer shall apply, through the City, to FEMA and
receive a Letter of Map Amendment (LOMA) issued from FEMA. The developer's engineer shall
provide the required supporting data to justify the application.
2.
3.Any existing Oak trees located on the project site shall be protected and preserved as required in
City Ordinance No. 553, Municipal Code No. 10.01 "Oak Tree Preservation", unless specifically
approved to be removed. An Oak tree inventory shall be prepared listing the Oak trees, their
disposition, and the proposed location of any replacement trees required. In the event an Oak tree
is designated for removal, an approved Oak Tree Removal Permit must be obtained from the City,
prior to its removal.
All property corners shall be staked for construction control, and shall be promptly replaced if
destroyed.
4.
Any grading anticipated during the rainy season (October 15 to April 15) will require the approval
of a construction zone drainage and erosion control plan to prevent damage to adjacent property.
Appropriateness of areas shall be subject to City Engineer approval.
5.
LI Any construction within an existing street shall require a traffic control plan. The plan shall
include any necessary detours, flagging, signing, or road closures requested. Said plan shall be
prepared and signed by a registered civil or traffic engineer.
6.
PRIOR TO ISSUANCE OF A BUILDING PERMIT:F.
(Adopted by Planning Commission Resolution 94-038)
6
.f
A final soils report shall be submitted to the City prior to the final inspection and shall certify that
all grading was inspected and approved, and that all work has been done in accordance with the
plans, preliminary report, and Chapter 70 of the Uniform Building Code.
1.
2.The applicants civil and soils engineer shall submit a certification that the rough grading work has
been completed in substantial conformance to the approved plans and permit.
Building permits shall not be issued until the water system has been completed and approved, and
a based access road installed sufficient to support the City's fire trucks, in a manner approved by
the Fire Chief.
3.
D 4.Prior to issuance of a Building Permit for building within Flood Insurance Rate Map (FIRM) zones
AI-A30, AE, AO, AH, A, V-V30, VE and V, the developer shall provide an Elevation Certificate
in accordance with the National Flood Insurance program. This form must be completed by a land
surveyor, engineer or architect licensed in the State of California.
D 5.Prior to issuance of a Building Permit for building within Flood Insurance Rate Map (FIRM) zones
Al-A30, AE, AO, AH, A, V1-V30, VE and V, the developer shall provide a Flood Proofing
Certificate in accordance with the National Flood Insurance program. This form must be
completed by a land surveyor, engineer or architect licensed in the State of California.
G.PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY:
O All final property corners and street monuments shall be installed before acceptance of the public
improvements.
1.
0 No buildings shall be occupied until all public improvements are completed and approved by the
City Engineer, and accepted by the City Council for maintenance.
2.
3.All disturbed areas not slated for development shall be protected against erosion in a manner
acceptable to the City Engineer, which may include hydroseeding or landscaping.
The applicant shall pay any current and outstanding fees for Engineering Plan Checking and
Construction Inspection Services and any outstanding annexation fees.
4.
All top soil removed shall be stockpiled and evenly distributed over the slopes and lots upon
completion of rough grading to support hydroseeding and landscaping. All slope areas shall be
protected against erosion by hydroseeding or landscaping.
5.
[ ]All construction refuse shall be separated (i.e. concrete, asphalt concrete, wood, gypsum board,
etc.) and removed from the project to a recycling facility in accordance with the City's Source
Reduction and Recycling Element.
6.
D If any of the public improvements or conditions of approval are not completed or met, then the
subdivider may, at the discretion of the City Engineer, enter into a Perfonnance Agreement with
the City to complete said improvements at a later date and post securities to cover the cost of the
improvements. The form of the agreement and amount of the securities are subject to the approval
of the City Engineer.
7.
A blackline clear Mylar (0.4 MIL) copy and two (2) blueline prints of as-built improvement plans,
signed by the engineer of record, shall be provided to the City Engineer prior to the final
8.
(Adopted by Planning Commission Resolution 94-038)
7
inspection. A reduced copy (i.e. 1" = 100') of the composite utility plan shall be provided to
update the City's Atlas Map.
9.A benchmark shall be placed for vertical control on the U.S.G.S. Datum as required by the City
Engineer.
** **********************************************************************
PASO ROBLES FIRE DEPARTMENT -The applicant shall contact the Fire Department, (805) 237-3973, for
compliance with the following conditions:
H. GENERAL CONDITIONS
1.Fire hydrants shall be installed at intervals as required by the Fire Chief and City Engineer. The
maximum spacing for single family residential shall be 500 feet. The maximum spacing for multi-
family and commercial/residential shall be 300 feet. On-site hydrants shall be placed as required
by the Fire Chief.
§2.Building permits shall not be issued until the water system, including hydrants, has been tested and
accepted and a based access road installed sufficient to support the City's fire apparatus (HS-20
truck loading). The access road shall be kept clear to a minimum of 24 feet at all times and shall
be extended to each lot and shall be maintained to provide all weather driving conditions.
3.No buildings shall be occupied until all improvements are completed and accepted by the City for
maintenance.
4.If the development includes phased street construction, temporary turn-arounds shall be provided
for streets that exceed 150 feet in length. The temporary turn around shall meet City requirements
as set forth in the Public Works Department Standards and Specifications.
[ ]All open space areas to be dedicated to the City shall be inspected by the Fire Department prior to
acceptance. A report shall be submitted recommending action needed for debris, brush and weed
removal and tree trimming. The developer shall clean out all debris, dead limbs and trash from
areas to be recorded as open space prior to acceptance into a Benefit Maintenance District.
5.
II 6.Any open space included in a private development shall be subject to the approval of a vegetation
management plan approved by the Fire Chief.
1-1 Each tract or phase shall provide two sources of water and two points of access unless otherwise
determined by the Fire Chief and Public Works Director.
7.
Provisions shall be made to update the Fire Department Run Book.8.
(Adopted by Planning Commission Resolution 94-038)
8
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