The URL can be used to link to this page

Home My WebLink AboutPC Resolution 2020-0014OCl 2"1 2020 PC RESOLUTION 2020-0014 CITY OF ATASCADERO PLANNING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING COUNCIL APPROVE TENTATIVE PARCEL MAP AT 20-0013 THAT INCLUDES AN ABANDONMENT OF A PORTION OF RAMONA ROAD RIGHT-OF-WAY AND DEDICATION. 2930 RAMONA ROAD (APN 049-212-001) AND 2945 (APN 049-211-038) RAMONA ROAD (MILLER) SBDV20-0047 WHEREAS, an application has been received from Viki and Nick Miller, 2930 Ramona Road, Atascadero, CA 93422 (Owner) and Granite Ridge Development, 8679 Santa Rosa Road, Atascadero, CA 93422 (Applicant) to consider the abandonment of a portion of Ramona Road that is located within a residential property, a lot line adjustment, and subdivision of parcel (project) through the approval of Tentative Parcel Map at 2930 Ramona Road (APN 049-212-001) and 2945 (APN 049-211-038) Ramona Road and, WHEREAS, the site's current General Plan Designation Residential Estate (RE); and WHEREAS, the site's current zoning district is Residential Suburban (RS); and, WHEREAS, the minimum lot size within the RS zoning district is 2.5 to 10 acres consistent with performance standard in the Atascadero Municipal Code; and WHEREAS, the existing site has a combined gross area of 12.35 acres; and WHEREAS, the project includes the abandonment of an unbuilt portion of the Ramona Road right-of-way and dedication of new public right-of-way over the existing roadway location as part of the Tentative Parcel Map; and WHEREAS, with the dedication of new public right-of-way, the proposed road abandonment is in conformance with the Circulation Element of the General Plan and all other applicable General Plan policies; and WHEREAS, the portion of the right-of-way, as shown on the attached Exhibit B, has never been improved and has been impassable for vehicular travel for a period of five consecutive years and no public funds have been expended for maintenance on the subject right-of-way during such period; and WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the state and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and WHEREAS, a timely and properly noticed Public Hearing upon the subject Tentative Parcel Map 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 Tentative Parcel Map and Road Abandonment; and NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Atascadero makes the following findings, determinations and recommendations with respect to the proposed map: SECTION 1. Recitals: The above recitals are true and correct. SECTION 2. Public Hearing. The Planning Commission of the City of Atascadero, in a regular session assembled on October 20, 2020, resolved to recommend that the City Council Tentative Parcel Map AT20-0013 as shown in Exhibit A, attached hereto and incorporated herein by this reference. SECTION 3. CE A. The proposed map qualifies for a Categorical Exemption from the California Environmental Quality Act (CEQA), Public resources Code Section 21000 et seq., Section 15315: Minor Land Divisions. SECTION 4. Findings. The Planning Commission finds as follows: Tentative Parcel Map: 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan (Government Code§§ 66473.5 and 66474(a) and (b))• Fact: The General Plan designation for the site is Residential Estate with a two and a half -acre minimum lot size (RE) based on performance standards. The lots created will each be a minimum of 2.5 acres (gross) and comply with performance standards in the Atascadero Municipal Code. They will also have a General Plan designation of Residential Estate. 2. The site is physically suitable for the type of development (Government Code§ 66474(c)). Fact: The lots are located along a minor arterial road with utilities, excepting the City sewer, available. The site is surrounded single-family residential properties and open space. The topography is gently sloped (less than 20% grade) and no development is proposed. 3. The site is physically suitable for the proposed density of development (Government Code § 66474(d)). Fact: The proposed lots are a minimum of two and a half acre in size. Under current standards, each lot could have a primary residence, accessory dwelling unit, and two detached accessory structures. The topography and suitable soil conditions can support the proposed maximum density if development was proposed. 4. The design of the subdivision or the proposed improvements will not cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. (Government Code § 66474(e)), and Fact: The proposed project will effect two parcels, one that is vacant and one that currently contains existing residential structures. Both parcels do not have significant tree coverage or water drainage features that might support fish or significant wildlife habitat. The parcels are located adjacent to Graves Creek. Future residences are subject to post -construction stormwater and creek setback requirements that will prevent significant impact to water drainage and creek areas. Additionally, the project will utilize existing roads and will not affect the drainage pattern of the neighborhood. 5. The design of the subdivision or the type of improvements will not cause serious health problems. (Government Code § 66474(f)), and Fact: Future development of single-family residences will not cause serious health problems. 6. The design of the subdivision will not conflict with easements for access through or use of property within the proposed subdivision. (Government Code § 66474(g)), and Fact: The proposed subdivision includes a right-of-way abandonment of an unconstructed portion of Ramona Road. The projects includes a new right-of-way dedication for the constructed portion of Ramona Road that shall be offered to the public in perpetuity. San Benito Road right-of-way exists on the northern and western boundaries of the parcels. The subdivision will not conflict with this right-of-way. Therefore, the design of the subdivision will not conflict existing easements. 7. The installation of any public improvements deemed necessary prior to recordation of a Final Map is in order to insure orderly development of the surrounding area (Government Code § 66411.1(b)(2), and Fact: The map contains conditions as shown in Exhibit A to allow for future public improvements within the new right-of-way dedication and all conditions shall be met prior to recordation of a Final Map. 8. The subdivision and subsequent development will be accomplished without detriment to adjacent properties, and Fact: The neighborhood consists of a range of lot sizes that have been subdivided over time. The creation of an additional lot could increase residential density by up to one primary residential unit. Surrounding parcels range in size from less than a quarter acre to nearly twelve Road Abandonment: 1. The abandonment is consistent with the circulation element of the City's General Plan. Fact: The abandonment would not conflict with Policy 2.1 Program 4 of the City's Circulation Element as the abandonment would not be appropriate for a potential trail location. Ramona Road is identified as a City -maintained road, however the realignment of the right-of-way is offered for dedication on the constructed portion of Ramona Road allows for a contiguous roadway. 2. Right-of-way to be abandoned is deemed excess right-of-way and no longer required by the public. Fact: The applicant is proposing to abandon an unbuilt portion of Ramona Road and dedicate new public right-of-way over the existing road alignment. With the dedication, the unbuilt portion is not needed for public vehicular or pedestrian. The proposed lot line adjustment ensures that all resulting parcels abut a public right-of-way for access. SECTION 5. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on October 20, 2020 resolved to recommend that the City Council approve Parcel Map AT 20-0013 including an abandonment for a portion of the Ramona Rd right-of-way and dedication of new public right-of-way subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Tentative Parcel Map BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Commissioner Anderson and seconded by Commissioner Wolff, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: Anderson, Keen, Shaw, Wolff, Zirk, van den Eikhof, Dariz (7) NOES: None (0) ABSENT: None (0) ABSTAINED: None ADOPTED: October 20, 2020 CITY OF ATASCADERO, CA Mark Dariz v Planning Commission Chairperson ATTEST: Phil Dunsmore Planning Commission Secretary (0) Exhibit A: Conditions of Approval SBDV20-0047 Conditions of Approval Timing Tentative Parcel Map BL: Business License 2930 and 2945 Ramona Road FM: Final Map GP: Grading Permit SBDV 20-0047 / AT 20-0013 BP: Building Permit Fl: Final Inspection TO: Temporary Occupancy F0: Final Occupancy Planning Services 1. The project approval becomes effective fourteen (14) days following the Planning Commission Ongoing approval unless prior to the time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 2. Approval of this Tentative Parcel Map shall be valid for a period of twenty-four (24) months from the FM date of City Council action, consistent with Section 66452.6(a)(1) of the California Subdivision Map Act. 3. The approved Tentative Parcel Map may be extended consistent with Section 66452.6(e) of the FM California Subdivision Map Act. Any requested map extension shall be consistent with Section 11- 4.23 of the Atascadero Municipal Code. 4. The Community Development Department shall have the authority to approve minor changes to the FM 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. 5. The Subdivider shall defend, indemnify, and hold harmless the City of Atascadero or its agents, Ongoing officers, and employees against any claim or action brought to challenge an approval by the City, or any of its entities, concerning the subdivision. 6. The Subdivider shall pay all applicable Quimby Act fees to the City in accordance with the fee FM schedule and policies in effect at the time of subsequent applications. Engineering 7. Documents that the City of Atascadero requires to be recorded concurrently with the Map (e.g.: FM easements not shown on the map, common driveway agreements, etc.) shall be listed on the certificate sheet of the map. 8. The City of Atascadero may require an additional map sheet for information purposes in FM accordance with the Subdivision Map Act. 9. Easements that are not intended to continue in perpetuity shall not be shown on the Parcel Map and shall be recorded by separate instrument. FM 10. The Parcel Map shall include a new right-of-way dedication to the public for the constructed FM portion of Ramona Road right-of-way to the satisfaction of the City Engineer. 11. The new right-of-way alignment within the subject property shall be a minimum of 40 -feet in width FM and shall provide sufficient space to allow for a future road shoulder, four feet wide from the edge of pavement, to the extent feasible and to the satisfaction of the City Engineer. 12. The Subdivider shall be responsible for the placement monuments in accordance with City FM Standards, to the satisfaction of the City Engineer. Type and placement of monuments shall be determined by the City Engineer. 13. The new right-of-way shall be offered to the public in perpetuity. FM Conditions of Approval Timing Tentative Parcel Map BL: Business License 2930 and 2945 Ramona Road FM: Final Map GP: Grading Permit SBDV 20-0047 / AT 20-0013 BP: Building Permit FI: Final Inspection TO: Temporary Occupancy F0: Find Occupancy 14. The right-of-way abandonment shall be perfected upon recordation of the Parcel Map. FM 15. Prior to recording the Map, the Applicant shall have the map reviewed by the public utility FM providers for power, telephone, gas, cable TV, and the Atascadero Mutual Water Company. The Applicant shall obtain a letter from each utility company stating that the easements and rights-of-way shown on the map for public utility purposes are acceptable 0 T- 9 0 N a 'f.. en,basg;: ++ m.aasu 2 T v4 €aTZ j Si m • T_s Al lip • � G� a .J 8��UF� y.=ii Wt AvraxQtu i1Y15 fill a 1 6 d kx .2. 3 �s2 O 3gy�y pP Alk •� i �# � � � `'� 1 � � ' - - 4 0►. _ - _ .ate � S S�' . d + 00600# jr- 0(gRa oa 10 7E � Qa�R �, re ➢ � s'. �n,,,q p.ho � Zt� ii $• fill, in, i � t �Yh .am Aeaqu+w � AZ• • m ew RN Jg Bc y'iry%A o: e� a