Loading...
HomeMy WebLinkAboutPC_2021-03-16_AgendaPacket * COVID-19 NOTICE * Consistent with Executive Orders N-25-20 and No. N-29-20 from the Executive Department of the State of California and the San Luis Obispo County Health Official’s March 18, 2020 Shelter at Home Order, the Planning Commission Meeting will not be physically open to the public and Planning Commissioners will be teleconferencing into the meeting. HOW TO SUBMIT PUBLIC COMMENT: Members of the public are highly encouraged to call 669-900-6833 to listen and provide public comment via phone, or submit written public comments to pc-comments@atascadero.org by 5:00 pm on the day of the meeting. Such email comments must identify the Agenda Item Number in the subject line of the email. The comments will be read into the record, with a maximum allowance of 3 minutes per individual comment, subject to the Chairperson’s discretion. All comments should be a maximum of 500 words, which corresponds to approximately 3 minutes of speaking time. If a comment is received after the agenda item is heard but before the close of the meeting, the comment will still be included as a part of the record of the meeting but will not be read into the record. If you would like to view presentations provided during the meeting, you may access them by clicking on the following link: https://us02web.zoom.us/j/83250238111?pwd=SG9OdGxyNHNTNmxRWEpHTzRQK0VnQT09 Webinar ID: 832 5023 8111 AMERICAN DISABILITY ACT ACCOMMODATIONS: Any member of the public who needs accommodations should contact the City Clerk’s Office at cityclerk@atascadero.org or by calling 805-470-3400 at least 48 hours prior to the meeting or time when services are needed. The City will use their best efforts to provide reasonable accommodations to afford as much accessibility as possible while also maintaining public safety in accordance with the City procedure for resolving reasonable accommodation requests. Planning Commission agendas and minutes may be viewed on the City's website: www.atascadero.org. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the Community Development Department and are available for public inspection on our website, www.atascadero.org. Contracts, Resolutions and Ordinances will be allocated a number once they are approved by the Planning Commission. The Minutes of this meeting will reflect these numbers. All documents submitted by the public during Planning Commission meetings that are either read into the record or referred to in their statement will be noted in the Minutes and available for review by contacting the Community Development Department. All documents will be available for public inspection during City Hall business hours once City Hall is open to the public following the termination of the Shelter at Home Order. WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan this QR Code with your smartphone to view the Planning Commission Website. CITY OF ATASCADERO PLANNING COMMISSION AGENDA REGULAR MEETING Tuesday, March 16, 2021 6:00 P.M. City Hall Council Chambers 6500 Palma Avenue, 4th Floor Atascadero, California 93422 CALL TO ORDER Pledge of Allegiance Roll Call: Chairperson Jeff van den Eikhof Vice Chairperson Tori Keen Commissioner Jason Anderson Commissioner Vacant Commissioner Victoria Carranza Commissioner Jennifer McIntyre Commissioner Dennis Schmidt APPROVAL OF AGENDA PUBLIC COMMENT (This portion of the meeting is reserved for persons wishing to address the Commission on any matter not on this agenda and over which the Commission has jurisdiction. Speakers are limited to three minutes. Please state your name for the record before making your presentation. The Commission may take action to direct the staff to place a matter of business on a future agenda.) CONSENT CALENDAR (All items on the consent calendar are considered to be routine and non-controversial by City staff and will be approved by one motion if no member of the Commission or public wishes to comment or ask questions.) 1. DRAFT MINUTES OF MARCH 2, 2021  Recommendation: Commission approve the March 2, 2021, Minutes. City of Atascadero Planning Commission Agenda Regular Meeting, March 16, 2021 Page 2 of 3 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan this QR Code with your smartphone to view the Planning Commission Website. PLANNING COMMISSION BUSINESS COMMUNITY DEVELOPMENT STAFF REPORTS PUBLIC HEARINGS (For each of the following items, the public will be given an opportunity to speak. After a staff report, the Chair will open the public hearing and invite the applicant or applicant’s representative to make any comments. Members of the pu blic will be invited to provide testimony to the Commission following the applicant. Speakers should state their name for the record and can address the Commission for three minutes. After all public comments have been received, the public hearing will b e closed, and the Commission will discuss the item and take appropriate action(s). DISCLOSURE OF EX PARTE COMMUNICATIONS: Prior to a project hearing, Planning Commission Members must disclose any communications they have had on any quasi-judicial agenda items. This includes, but is not limited to, Tentative Subdivision Maps, Parcel Maps, Variances, Conditional Use Permits and Planned Development Permits. This does not disqualify the Planning Commission Member from participating and voting on the matter, but gives the public and applicant an opportunity to comment on the ex parte communication. 2. AMENDMENT (AMND) TO A 4-LOT SUBDIVISION AT 8559 AND 8565 SANTA ROSA ROAD The proposed project consists of an Amendment to a previously approved 4-lot subdivision (SBDV18-0150). This project qualifies for a Class 15 Categorical Exemption under CEQA Section 15315 for minor land divisions. Ex Parte Communications: Recommendation: Approve the project with amended conditions. (AMND21-0018) COMMISSIONER COMMENTS AND REPORTS DIRECTOR’S REPORT ADJOURNMENT The next regular meeting will be held on April 6, 2021, at 6:00 p.m. Please note: Should anyone challenge in court any proposed development entitlement listed on this Agenda, that person may be limited to raising those issues addressed at the public hearing described in this notice or in written correspondence delivered to the Planning Commission at, or prior to, this public hearing. City of Atascadero Planning Commission Agenda Regular Meeting, March 16, 2021 Page 3 of 3 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan this QR Code with your smartphone to view the Planning Commission Website. City of Atascadero WELCOME TO THE ATASCADERO PLANNING COMMISSION MEETING The Planning Commission meets in regular session on the first and third Tuesday of each month at 6:00 p.m. at City Hall, Council Chambers, 6500 Palma Avenue, Atascadero. Matters are considered by the Commission in the order of the printed Agenda. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the Community Development Department and are available for public inspection during City Hall business hours at the Front Counter of City Hall, 6500 Palma Avenue, Atascadero, and on our website, www.atascadero.org. All documents submitted by the public during Commission meetings that are either read into the record or referred to in their statement will be noted in the minutes and available for review in the Community Development Department. Commission meetings are audio recorded, and may be reviewed by the public. Copies of meeting recordings are available for a fee. Contact the City Clerk for more information (470-3400). In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager’s Office or the City Clerk’s Office, both at (805) 470-3400. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, “PUBLIC COMMENT”, the Chairperson will call for anyone from the audience having business with the Commission to approach the lectern and be recognized. 1. Give your name for the record (not required) 2. State the nature of your business. 3. All comments are limited to 3 minutes. 4. All comments should be made to the Chairperson and Commission. 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present. This is when items not on the Agenda may be brought to the Commission’s attention. A maximum of 30 minutes will be allowed for Public Comment Portion (unless changed by the Commission). TO SPEAK ON AGENDA ITEMS (from Title 2, Chapter 1 of the Atascadero Municipal Code) Members of the audience may speak on any item on the agenda. The Chairperson will identify the subject, staff will give their report, and the Commission will ask questions of staff. The Chairperson will announce when the public comment period is open and will request anyone interested to address the Co mmission regarding the matter being considered to step up to the lectern. If you wish to speak for, against or comment in any way: 1. You must approach the lectern and be recognized by the Chairperson. 2. Give your name (not required). 3. Make your statement. 4. All comments should be made to the Chairperson and Commission. 5. No person shall be permitted to make slanderous, profane or negative personal remarks concernin g any other individual, absent or present. 6. All comments limited to 3 minutes. If you wish to use a computer presentation to support your comments, you must notify the C ommunity Development Department at 470-3402 at least 24 hours prior to the meeting. Digital presentations brought to the meeting should be on a USB drive or CD. You are required to submit to the Recording Secretary a printed copy of your presentation for the record. Please check in with the Recording Secretary before the meeting begins to announce your presence and turn in the printed copy. The Chairperson will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Commission. PC Draft Minutes of 3/2/2021 Page 1 of 3 ITEM NUMBER: 1 DATE: 3-16-21 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting – Tuesday, March 2, 2021 – 6:00 P.M. City Hall (Teleconference) 6500 Palma Avenue, Atascadero, California CALL TO ORDER - 6:00 p.m. Chairperson van den Eikhof called the meeting to order at 6:02 p.m. and Commissioner Schmidt led the Pledge of Allegiance. ROLL CALL Present: By Teleconference - Commissioners Anderson, Carranza, McIntyre, Schmidt, Vice Chairperson Keen, and Chairperson van den Eikhof Absent: None Vacant: One Others Present: By Teleconference - Recording Secretary, Annette Manier Staff Present: By Teleconference - Community Development Director, Phil Dunsmore Associate Planner, John Holder Assistant Planner, Mariah Gasch APPROVAL OF AGENDA MOTION: By Vice Chairperson Keen and seconded by Commissioner Anderson to approve the Agenda. Motion passed 6:0 by a roll-call vote. PUBLIC COMMENT None. Chairperson van den Eikhof closed the Public Comment period. 1 PC Draft Minutes of 3/2/2021 Page 2 of 3 ITEM NUMBER: 1 DATE: 3-16-21 CONSENT CALENDAR 1. DRAFT MINUTES OF MARCH 2, 2021  Recommendation: Commission approve the March 2, 2021 Minutes. MOTION: By Commissioner Schmidt and seconded by Commissioner McIntyre to approve the Consent Calendar. Motion passed 6:0 by a roll-call vote. PLANNING COMMISSION BUSINESS Director Dunsmore stated that Commission member Betz has left the Planning Commission to accept a position with the City of Atascadero. COMMUNITY DEVELOPMENT STAFF REPORTS None PUBLIC HEARINGS (For each of the following items, the public will be given an opportunity to speak. After a staff report, the Chair will open the public hearing and invite the applicant or applicant’s representative to make any comments. Members of the public will be invited to provide testimony to the Commission following the applicant. Speakers should state their name for the record and can address the Commission for three minutes. After all public comments have been received, the public hearing will be closed, and the Commission will discuss the item and take appropriate action(s).) DISCLOSURE OF EX PARTE COMMUNICATIONS: Prior to a project hearing Planning Commission Members must disclose any communications they have had on any quasi-judicial agenda items. This includes, but is not limited to, Tentative Subdivision Maps, Parcel Maps, Variances, Conditional Use Permits, and Planned Development Permits. This does not disqualify the Planning Commission Member from participating and voting on the matter, but gives the public and applicant an opportunity to comment on the ex parte communication. 2. CONDITIONAL USE PERMIT (CUP) FOR 7125 SERENA COURT The proposed project consists of a CUP for the addition of a new diesel generator with a fuel tank and enclosure at an existing cell site. This project is consistent with previously certified Mitigated Negative Declaration 2002 -0034 and 2006-0002. Ex-Parte Communications: Recommendation: Approve the project with conditions. (USE21-0003) EX PARTE COMMUNICATIONS None 2 PC Draft Minutes of 3/2/2021 Page 3 of 3 ITEM NUMBER: 1 DATE: 3-16-21 Planner Gasch presented the staff report and she and Director Dunsmore answered questions from the Commission. PUBLIC COMMENT The following members of the public spoke: David Elliott. Mr. Elliott answered questions from the Commission. Chairperson van den Eikhof closed the Public Comment period. MOTION: By Commissioner Anderson and seconded by Commissioner Carranza to adopt PC Resolution approving CUP USE21-0003, amendments to CUP 2002-0060 and CUP 2005-0158 allowing modification to the existing telecommunications facility at 7125 Serena Court consistent with the Planning Commission Resolutions 2002-0045 and 2006-0015 based on findings and subject to Conditions of Approval. Motion passed 6:0 by a roll-call vote. COMMISSIONER COMMENTS AND REPORTS Commissioner Carranza asked about the Greenhouse Gas report that was discussed at the last meeting, and Director Dunsmore answered her questions. DIRECTOR’S REPORT Director Dunsmore gave the following updates:  Upcoming March 11, 2021 Special Planning Commission and City Council meeting on housing.  Commissioners were emailed about Planning Commissioner’s Academy training.  Large projects are moving forward.  The next hearing will have an item that will be an amendment to a map. ADJOURNMENT – 6:37 p.m. The next regular meeting is scheduled for March 16, 2021, at City Hall, Council Chambers, 6500 Palma Avenue, Atascadero. MINUTES PREPARED BY: ____________________________ Annette Manier, Recording Secretary Administrative Assistant 3 ITEM 2 | 3/16/21 Subdivision COA Amendment AMND21-0018 / Santa Rosa 4-Lot Subdivision ADDITIONAL INFORMATION MAY BE OBTAINED BY CONTACTING THE ATASCADERO COMMUNITY DEVELOPMENT DEPARTMENT AT http://www.atascadero.org 6500 PALMA AVENUE | ATASCADERO, CA 93422 | (805) 461-5000 Atascadero Planning Commission Staff Report – Community Development Department AMND21-0018 Amendment to Conditions of Approval for SBDV18-0150 RECOMMENDATION(S): Staff Recommends: The Planning Commission adopt the draft Resolution approving the amendment to the Conditions of Approval of SBDV18-0150, a Tentative Parcel Map AT 18-0116 to subdivide two residential parcels into four residential parcels at 8559 and 8565 Santa Rosa Road. Project Info In-Brief: PROJECT ADDRESS: 8559 & 8565 Santa Rosa Road Atascadero, CA APN 056-301-008 056-301-009 PROJECT PLANNER Mariah Gasch Assistant Planner 470-3436 mgasch@atascadero.org APPLICANT Greg Aiello PROPERTY OWNER Greg Aiello & Brett Spencer GENERAL PLAN DESIGNATION: ZONING DISTRICT: SITE AREA EXISTING USE PROPOSED USE Single-Family Residential (SFR-Y) Residential Single-Family (RSF-Y) 3.24 acres Two single- family residences on two parcels. Two single-family residences on four parcels. Residences would be built on the new parcels in the future. ENVIRONMENTAL DETERMINATION ☐ Environmental Impact Report SCH: ___________________________ ☐ Negative / Mitigated Negative Declaration No. ______ ☒ Consistent with previous Categorical Exemption – CEQA Guidelines Section 15315 ☐ Statutory Exemption §§ 21000, et seq & ________________________ ☐ No Project – Ministerial Project 4 ITEM 2 | 3/16/21 Subdivision COA Amendment AMND21-0018 / Santa Rosa 4-Lot Subdivision Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Existing Surrounding Uses / Parcel Configurations: Surrounding Area and Zoning 2014 Aerial North: South: East: West: Residential Single- Family (RSF-Y) Residential Single- Family (RSF-Y) Residential Single- Family (RSF-X) Residential Single- Family (RSF-Y) Background: On May 7, 2019, the Planning Commission approved Tentative Parcel Map AT 18-0116 to subdivide two residential parcels into four residential parcels subject to conditions of approval. The properties are accessed by a shared driveway that currently serves a total of eight properties. The driveway is surfaced with gravel road base and is located within access easements over the affected properties. The subdivision creates two additional properties served by the same driveway and conditions of approval were included to dedicate this accessway as a public road for future neighborhood connectivity Conditions also called for improvements to the access way to city road standards prior to recordation of the final map. The applicant has not recorded the Final Map yet but has submitted all documentation for recordation with the exception of completion or bonds for the improvements . In the previously adopted project resolution, Condition #8 required that the Subdivider construct road improvements prior to the recordation of the Parcel Map. However, the Municipal Code (Title 11 Section 8.22) and Subdivision Map Act allow for deferral of improvements RS RSF-Y RSF-X Santa Rosa Elem. Atascadero Lake 5 ITEM 2 | 3/16/21 Subdivision COA Amendment AMND21-0018 / Santa Rosa 4-Lot Subdivision Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero for Parcel maps until time of building permit and the applicant is requesting to defer roadway improvements until the time of building permits. 11-8.22 Deferral of improvements for parcel maps Improvements required for parcel maps may be deferred until a building permit or other entitlement for development of the parcel(s) is granted by the City, unless the City Engineer and Community Development Director find that completion improvements are necessary to protect the public health and safety or are a necessary prerequisite to the orderly development of the surrounding area. If these findings are made, the City may require completion of the improvement requirements within a reasonable time following approval of the parcel map and prior to the issuance of permits for development. In this case, the applicant has been approved to create two additional parcels along an existing shared access drive. The City does not need improvements to be completed to allow public access at this time and public access will only be enacted should future subdivisions in the surrounding area trigger the need for a through connection. Therefore, the project meets the criteria for deferral. However, improvements will be triggered upon construction of new dwellings on each of the properties. In order to allow for deferral, amendments are proposed to the condition as shown below: Right-of-Way and Easement Condition #8 is proposed as follows: Prior to certificate of occupancy for any permit on either Parcels 3 or 4 , the Subdivider shall construct a 20-foot wide roadway in accordance with City Standard Drawing No. 401 and terminating said roadway in a cul-de-sac, to the satisfaction of the City Engineer. The new road section may incorporate the existing common driveway that exists partially on- and off-site in an existing easement to the satisfaction of the City Engineer. The new road section shall have a structural pavement and base section based on a Traffic Index of 5.5. All roadway design and construction shall be in accordance with City Standard Specifications and Standard Drawings, and to the satisfaction of the City Engineer. Prior to permit issuance for either Parcels 3 or 4, Public Improvement Plans for the roadway shall be approved and an Encroachment Permit issued for the required improvements. A Covenant to Install Public Improvements is required between the City and Subdivider outlining the conditions which will apply to any permits issued on Parcels 3 and 4 and shall be recorded immediately after map recordation. ENVIRONMENTAL DETERMINATION: The project is consistent with the previous categorical exemption determination (CEQA Guidelines Section 15315) for Minor Subdivisions. 6 ITEM 2 | 3/16/21 Subdivision COA Amendment AMND21-0018 / Santa Rosa 4-Lot Subdivision Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero FINDINGS: The attached resolution includes findings based on Municipal Code Section 11 -8.22 to support deferral of the public improvements until time of building permit. ALTERNATIVES: 1. The Planning Commission may include modifications to the project and/or conditions of approval for the project. Any proposed modifications including conditions of approval, should be clearly restated in any vote on any of the attached resolutions. It is important to note that changes should be limited to the deferral of improvements as the tentative map has already received approval and can be legally recorded in its current form. 2. The Planning Commission may determine that more information is needed related to the amendment and may refer the item back to the applicant and staff to develop the additional information. The Commission should clearly state the type of information that is required. A motion, and approval of that motion, is required to continue the item to a future date. 3. The Planning Commission may deny the amendment to defer improvements and enforce previously adopted project conditions to complete or bond for the improvements prior to map recordation. The Commission must specify what findings cannot be made, and provide a brief oral statement, based on the Staff Report, oral testimony, site visit, correspondence, or any other rationale introduced and deliberated by the Planning Commission. ATTACHMENTS: 1. Draft Resolution 7 ITEM 2 | 3/16/21 Subdivision COA Amendment AMND21-0018 / Santa Rosa 4-Lot Subdivision Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENT 1: Draft Resolution AMND21-0018 DRAFT PC RESOLUTION RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING AMND21-0018, AN AMENDMENT TO SUBDIVISION SBDV18-0150 / TENTATIVE PARCEL MAP AT 18-0116 TO ALLOW REVISED CONDITIONS OF APPROVAL (APN 056-301-008 AND 056-301-009) 8559 & 8565 SANTA ROSA ROAD AIELLO and SPENCER WHEREAS, an application has been received from Greg Aiello, 8559 Santa Rosa Road, Atascadero, CA 93422 (Applicant and Owner) and Brett Spencer, 8565 Santa Rosa Road, Atascadero, CA 93422 (Owner) to consider an amendment to SBDV18-0150 to allow for a revision to conditions of approval to defer road improvements until prior to issuance of a certificate of occupancy on Parcel 3 or 4; and WHEREAS, the site has a General Plan Designation of Single-Family Residential (SFR-Y); and WHEREAS, the site is in the Residential Single-Family (RSF-Y) zoning district; and WHEREAS, the minimum lot size within the RSF-Y zoning district is 1 acre (gross) for new subdivisions, consistent with the Atascadero Municipal Code; and WHEREAS, the total gross area of the original lots is 180,180 square feet (4.2 acres); and WHEREAS, where 4 or more lots are served by a single access way, a road is required consistent with the Atascadero Municipal Code; 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 Amendment 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 amendments; and WHEREAS, the Subdivision Map Act section 66411.1 and the Atascadero Municipal Code Section 11-8.22 allow for deferral of required subdivision improvements until the time of building permit based on findings. 8 ITEM 2 | 3/16/21 Subdivision COA Amendment AMND21-0018 / Santa Rosa 4-Lot Subdivision Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Recitals. The above recitals are true and correct. SECTION 2. Public Hearing. The Planning Commission held a public hearing on March 2, 2021, and considered testimony and reports from staff, the applicant and the public. SECTION 3. Findings. The Planning Commission finds as follows: 1. Improvements required for parcel maps may be deferred until a building permit or other entitlement for development of the parcel(s) is granted by the City, unless the City Engineer and Community Development Director find that completion improvements are necessary to protect the public health and safety or are a necessary prerequisite to the orderly development of the surrounding area. Fact: Completion of the required improvements is not necessary to protect the public health and safety nor is a necessary prerequisite to the orderly development of the surrounding area at time of map retardation and can be deferred until time of building permit consistent with the requirements of the Subdivision Map Act. SECTION 4. CEQA. The Planning Commission finds the amendment is consistent with the previous exemption determination in accordance with the California Environmental Quality Act (CEQA), Public Resources Code Section 21000 et.seq. as a Class 15 exemption. SECTION 5. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on March 16, 2021, resolves to approve AMND21-0018 (amendment to conditions for AT 18-0116), subject to the following: EXHIBIT A: Revised Conditions of Approval 9 ITEM 2 | 3/16/21 Subdivision COA Amendment AMND21-0018 / Santa Rosa 4-Lot Subdivision Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero On motion by Commissioner ____________________, and seconded by Commissioner _________________________, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAINED: ( ) ADOPTED: CITY OF ATASCADERO, CA _________________________________________ Jeff van den Eikof Planning Commission Chairperson ATTEST: ___________________________________ Phil Dunsmore Planning Commission Secretary 10 ITEM 2 | 3/16/21 Subdivision COA Amendment AMND21-0018 / Santa Rosa 4-Lot Subdivision Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero EXHIBIT A: Conditions of Approval AMND21-0018 Conditions of Approval AMND21-0018, an amendment to SBDV18-0150 Tentative Parcel Map AT 18-0116 8559 and 8565 Santa Rosa Road Planning Services 1. This amendment is for the revision of condition of approval #8 on Resolution 2019-0007. All conditions of approval from Resolution 2019-0007 remain in effect unless specifically modified by this resolution. This revision to condition of approval #8 allows the applicant to defer roadway improvements until the time the lots 3 and 4 are developed. The roadway shall be complete prior to issuance of a certificate of occupancy on any permits for Parcel 3 or 4. 2. The approval of this application shall become final, subject to the completion of the conditions of approval, fourteen (14) days following the Planning Commission approval, unless an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 3. Approval of this Tentative Parcel Map shall be valid for a period of twenty-four (24) months and shall expire on May 7, 2021, consistent with California Government Code Section 66452.6(a)(1) (Subdivision Map Act). 4. The approved Tentative Parcel Map may be extended consistent with Section 66452.6(e) of the California Subdivision Map Act. A one (1) year extension may be granted consistent with Section 9-2.117(a) of the Atascadero Municipal Code. Any subsequent tentative map extensions shall be consistent with Section 11-4.23 of the Atascadero Municipal Code. 5. The Community Development Department shall have the 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. 6. The Subdivider shall defend, indemnify, and hold harmless the City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the City, or any of its entities, concerning the subdivision. 7. Prior to recordation of the Parcel Map, the Subdivider shall pay all applicable Quimby Act fees to the City. 8. On the final parcel map, or a separate document recorded concurrently with the final parcel map, the owner of Parcel 1 shall record a waiver of direct access to Santa Rosa Road effective should the City accept the offer of road dedication. The waiver shall be in a format to the satisfaction of the City Engineer and Community Development Director. 9. Prior to or concurrently with recordation of the final map, the subdivider shall record a deed restriction on Parcel 2 notifying future owners of the non-conforming front setback of the residence. The recorded document shall notify owners that any future building construction must 11 ITEM 2 | 3/16/21 Subdivision COA Amendment AMND21-0018 / Santa Rosa 4-Lot Subdivision Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Conditions of Approval AMND21-0018, an amendment to SBDV18-0150 Tentative Parcel Map AT 18-0116 8559 and 8565 Santa Rosa Road be located outside the full front setback required by the Zoning Ordinance current at the time of building permit application, including, but not limited to:  new structures,  additions to, or expansions of the residence, and  the replacement of destroyed structures, as defined by the Nonconforming Uses chapter of the Zoning Ordinance or successor code section. 10. Ongoing, any new utilities installed within the subdivision shall be placed underground. Engineering 11. Documents to be recorded concurrently with the Parcel Map (e.g.: off-site rights-of-way dedications, easements not shown on the map, agreements, etc.) shall be listed on the certificate sheet of the map. 12. The City of Atascadero may require an additional map sheet for information purposes in accordance with the Subdivision Map Act. Right-of-Way and Easements 3. The Subdivider shall dedicate right-of-way for public road purposes sufficient to construct a 20-feet wide public road and City Standard cul-de-sac. The right-of-way shall extend from Santa Rosa Rd along the southwesterly boundary with the cul-de-sac centered on or about the common property line between Parcel 2 and Parcel 3, to the satisfaction of the City Engineer. The dedication of the cul-de-sac right-of-way shall be off-set northeasterly of the right-of-way centerline, to the satisfaction of the City Engineer. The 20-foot right-of-way shall continue to the northwesterly boundary of Parcel 4 for future connection purposes but shall not be required to be constructed as part of the map or the development of Parcels 3 or 4. 4. The Subdivider shall dedicate a 6-feet wide Public Utility Easement (PUE) contiguous to the new 20-feet wide road right-of-way. 5. The Subdivider shall dedicate an easement over the existing public sewer main, to the satisfaction of the City Engineer. The easement shall be not less than 20-feet wide nor more than 30-feet wide depending upon location and depth of the sewer main. The easement shall be off- set and centered over the sewer main, as determined by the City Engineer. 6. The Subdivider shall dedicate a 10-feet wide public sewer easement contiguous to the northeasterly boundaries of Parcels 2, 3, and 4, to the satisfaction of the City Engineer. 7. Easements that are not intended to continue in perpetuity shall not be shown on the Parcel Map and shall be recorded by separate instrument. 12 ITEM 2 | 3/16/21 Subdivision COA Amendment AMND21-0018 / Santa Rosa 4-Lot Subdivision Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Conditions of Approval AMND21-0018, an amendment to SBDV18-0150 Tentative Parcel Map AT 18-0116 8559 and 8565 Santa Rosa Road Private Common Drive, Future Road 8. Prior to certificate of occupancy for any permit on Parcels 3 or 4, the Subdivider shall construct a 20-feet wide roadway in accordance with City Standard Drawing No. 401and terminating said roadway in a cul-de-sac, to the satisfaction of the City Engineer. The new road section may incorporate the existing common driveway that exists partially on- and off-site in an existing easement to the satisfaction of the City Engineer. The new road section shall have a structural pavement and base section based on a Traffic Index of 5.5. All roadway design and construction shall be in accordance with City Standard Specifications and Standard Drawings, and to the satisfaction of the City Engineer. Prior to permit issuance for either Parcels 3 or 4, Public Improvement Plans for the roadway shall be approved and an Encroachment Permit issued for the required improvements. A Covenant to Install Public Improvements is required between the City and Subdivider outlining the conditions which will apply to any permits issued on Parcels 3 and 4 and shall be recorded immediately after map recordation. 9.a The subdivider shall dedicate a private driveway easement over Parcel 3 for the benefit of Parcel 4. The easement shall be aligned to avoid the removal of existing trees, to the satisfaction of the City Engineer and Community Development Director. 9.b Development of Parcels 3 and 4 shall include paved driveways extending from the new cul-de-sac and shall be designed to avoid removal of existing trees to the extent feasible, to the satisfaction of the Community Development Director. Stormwater 10. Development of Parcel 3 and Parcel 4 may require each parcel to be graded to create positive conveyance of stormwater in a non-erosive manner, to the satisfaction of the City Engineer. Utilities 11. Each lot shall be served with separate services for water, power, telephone and cable TV. Utility laterals shall be located and constructed to each lot in accordance with City Standard Specifications and Drawings. Fire Department Prior to commencement of construction of any new structure on Parcels 3 or 4, the subdivider shall replace the existing wharf head hydrant located near the shared driveway with a new hydrant with a single 4-inch connection and two 2.5-inch connections to the satisfaction of the City Fire Marshal and consistent with Atascadero Mutual Water Company standards. Prior to commencement of construction for any new residential structure, the subdivider shall erect a master address sign board at the intersection of Santa Rosa Road and the proposed right- of -way. The master sign board shall be designed and located to the satisfaction of the City Building Official, City Fire Marshal, and Director of Community Development. The applicant shall work with the existing property owners to relocate their address numbers onto this sign board. All numbers shall be reflectorized. 13 ITEM 2 | 3/16/21 Subdivision COA Amendment AMND21-0018 / Santa Rosa 4-Lot Subdivision Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Conditions of Approval AMND21-0018, an amendment to SBDV18-0150 Tentative Parcel Map AT 18-0116 8559 and 8565 Santa Rosa Road Prior to recordation of the Parcel Map, the subdivider shall place individual reflectorized address signs on the right-hand side of the driveway to each individual lot (Parcels 1-4) to the satisfaction of the City Fire Marshal. 14