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Home My WebLink AboutPC Resolution 21-0011;Iij . A �" A,, UP V 2021 PC RESOLUTION 2021-0011 c/��CITY OF ATASCADERO RESOLUTION OF THE PLANNING COMMISSION OF PLANNING THE CITY OF ATASCADERO, CALIFORNIA, APPROVING SBDV 21-0065 / TENTATIVE PARCEL MAP AT 21-0017 ESTABLISHING NINE AIRSPACE UNITS ON ONE COMMON LOT AT 6917 EL CAMINO REAL (APN 029-361-048,049) (Cinema Square, LLC) WHEREAS, an application has been received from Cinema Square, LLC (Applicant/ Owner), 4656 Vintage Ranch Lane, Santa Barbara, CA 93110 to consider Tentative Parcel Map AT 21-0017 to allow nine airspace condominium units on one lot; and WHEREAS, the site has a General Plan Designation of Downtown (D); and WHEREAS, the site is in the Downtown Commercial (DC) zoning district; 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 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 Hearings. 1. The Planning Commission held a duly noticed public hearing to consider the project on September 7, 2021 and considered testimony and reports from staff, the applicants, and the public. SECTION 3. Findings for approval of Tentative Parcel Map. The Planning Commission finds as follows: 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan (Government Code § § 66474(a) and (b)). Fact: The Downtown zoning district is designed to encourage a wide variety of pedestrian oriented uses such as retail, entertainment, and restaurant. The existing Colony Square development allows for these uses in a master planned walkable center. The existing theater building is the main portion of this development. The project proposes an airspace subdivision of the building to allow for separate ownership of each existing tenant space. The proposed subdivision will not alter the physical improvements on-site and required CC&Rs will ensure that the center functions as one development. 2. The site is physically suitable for the type of development (Government Code§ 66474(c)),and, Fact: The site is flat and no physical changes are required. 3. The site is physically suitable for the proposed density of development (Government Code § 66474(d)),and, Fact: The nine proposed airspace units are within an existing building. The tentative parcel map does not affect the density. 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 airspace subdivision of an existing commercial building will not result in any physical changes to the site and will not degrade the environment. 5. The design of the subdivision or the type of improvements will not cause serious health problems. (Government Code § 66474(f)), and Fact: The improvements are minor and will not cause 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)). Fact: The building exists and no new structures are proposed. SECTION 4. CE A. The project is exempt from the California Environmental Quality Act (CEQA), under Categorical Exemption § 15315, Class 15: Minor Land Divisions. SECTION 5. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on September 7, 2021, resolves to approve Tentative Parcel Map AT 21-0017 (SBDV 21-0065), subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Tentative Parcel Map On motion by Commissioner Schmidt, and seconded by Commissioner Anderson the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: Commissioners Schmidt, Anderson, van den Eikhof, Keen, and Hughes ( 5 ) NOES: None (0 ) ABSTAIN: None (0 ) ABSENT: Commissioners Carranza and McIntyre (2 ) ADOPTED: September 7, 2021 CITY OF ATASCADERO, CA Jeff n d4rffiih of Planning Commission Chairperson Attest: Phil Dunsmore Planning Commission Secretary EXHIBIT A: Conditions of Approval SBDV 21-0065 Conditions of Approval Timing Tentative Parcel Map BL: Business License 6917 EI Camino Real FM: Final Map GP: Grading Permit SBDV 21-0065 BP: Building Pennd Fl: Final Inspection TO: Temporary Occupancy F0: Final Occupancy Planning Services 1. SBDV 21-0065 (Tentative Parcel Map AT 21-0017) shall be for the airspace subdivision of 6917 EI Ongoing Camino Real; Lot 1 of Tract 2733, as shown on the map filed in book 31 at pages 55-56, in the city of Atascadero, County of San Luis Obispo, California. (Assessor's Parcel Number's 029-361-048 & 049), as generally shown in attached Exhibit B, regardless of owner. 2. The appeal period is fourteen (14) days following the Planning Commission approval unless prior Ongoing to the time, 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 FM expire on September 7, 2023, consistent with Section 66452.6(a)(1) of the California Subdivision Map Act. The approved Tentative Parcel Map may be extended consistent with Section 66452.6(e) of the 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. 7. This map shall be for the approval of 9 airspace units on one common lot. There shall be no further Ongoing division of the property without approval of a subsequent map. 8. Prior to recordation of the final parcel map, the applicant shall submit a condominium plan for FM recording concurrently with the final parcel map. A qualified licensed professional shall prepare the final parcel map and the condominium plan. 9. Prior to recordation of the final map, the applicant shall provide recorded CC&R's outlining FM maintenance responsibilities between the owners. CC&R's shall be consistent with, and address existing CC&Rs for the Colony Square project as needed. 10. The site shall be kept in a neat manner at all times and the landscaping shall be continuously Ongoing maintained in a healthy and thriving condition. Public Works Conditions 11. Prior to approval of the Parcel Map, the Applicant shall have the map reviewed by the public FM utility providers for power, telephone, gas, cable TV, and the Atascadero Mutual Water Conditions of Approval Timing Tentative Parcel Map BL: Business License 6917 EI Camino Real FM: Final Map GR Grading Permit SBDV 21-0065 FI: Building Permit FI: FinallnspecUon TO: Temporary Occupancy F0: Final Occupancy Company. The Applicant shall provide a letter from each utility company stating that the easements and rights-of-way shown on the map for public utility purposes are acceptable. 12. Documents that the City of Atascadero requires to be recorded concurrently with the Parcel Map (e.g.: CC&Rs, easements not shown on the map, agreements, etc.) shall be listed on the certificate sheet of the map. 13. The City of Atascadero may require an additional map sheet for information purposes in accordance with the Subdivision Map Act. 14. Provide updated CC&Rs or tiered CC&Rs prior to recordation of the final map. 15. Provide a condominium plan, which contains descriptions and diagrams identifying the boundaries of the separate interests (the condominium "units"), the common areas, and exclusive use common areas (ie. parking spaces and balconies), prior to recordation of the Final Map. 16. Applicant to pay Sewer Processing Fee at time of Final Map Application for updating billing records for the new APNs created with the Map. CL