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HomeMy WebLinkAboutPC Resolution 21-0003iTY OF ATASCADERO PC RESOLUTION 2021-0003 fS,; PLANNING 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 SBDV 18-0150 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. 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. CE A. 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 ANIND21-0018 (amendment to conditions for AT 18-0116), subject to the following: EXHIBIT A: Revised Conditions of Approval On motion by Commissioner Schmidt, and seconded by Vice Chairperson Keen, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: Anderson, Carranza, McIntyre, Schmidt, Keen, van den Eikhof (6 ) NOES: None (0 ) ABSENT: None (0 ) ABSTAINED: None ADOPTED: March 16, 2021 CITY OF ATASCADERO, CA e ikof Planning Commission Chairp ce-�) ATTEST: Phil Dunsmore Planning Commission Secretary (0) EXHIBIT A: Conditions of Approval AM N D21-0018 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 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. 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. 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. 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. 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.