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Home My WebLink AboutPC Resolution 21-0013C��CT i 2021 PC RESOLUTION 2021-0013 CITY OF ATASCADERO PLANNING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, ADOPTING NEGATIVE DECLARATION 2021-0002 AND APPROVING TENTATIVE PARCEL MAP AT 20-0019 TO ALLOW A FOUR LOT SUBDIVISION ON APN 050-291-011 BERGQUIST 6255 Llano Rd (SBDV20-0025) WHEREAS, an application has been received from Thomas J Bergquist (Applicant and Owner), P.O. Box 2647, Atascadero, CA 93423 to consider Tentative Parcel Map AT 20-0019 to allow the subdivision of one parcel into four parcels at 6255 Llano Rd (APN 050-291-011); and WHEREAS, the site has a General Plan Designation of Rural Estate (RE); and WHEREAS, the site is in the Residential Suburban (RS) zoning district; and WHEREAS, the minimum lot size within the Residential Suburban (RS) zoning district ranges between 2.5 and 10 acres (gross) for new subdivisions, consistent with the Atascadero Municipal Code; and WHEREAS, the minimum lot size for the subject lot is 4.436 acres (gross); and WHEREAS, the original lot is 48.09 acres in gross area; and WHEREAS, the Initial Study/Draft Mitigated Negative Declaration was prepared and circulated for public and agency review on August 20, 2021 with a minimum 20 -day review period. This comment period provided an opportunity for the public and agencies to review the issues addressed and offer comments on any aspect of the environmental review process, or the adequacy of the evaluation; 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 Hearing. The Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on October 5, 2021, studied and considered the proposed project. SECTION 3. Findings for approval of Tentative Parcel Man AT 20-0019. 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 General Plan designation for the site is Rural Estate with minimum lot size between 2.5 and 10 gross acres for properties in the Residential Suburban (RS) zoning district. The subject site has a minimum lot size of 4.436 gross acres. The lots created will be 18 -acres and 10 acres (gross), respectively. They will also have a General Plan designation of RE. The proposed subdivision follows General Plan program LOC 5.2.5 "New lots with slope averaging 30% or greater are not permitted except when they contain building envelopes with less than 20% average slope (including driveways and leach fields), and when the creation of such parcels includes an offer of public dedication or easement that would directly benefit City residents, and where native tree impacts are minimal". Although development has not yet been planned, this subdivision has identified building envelopes for each of the new parcels that have slopes less than 30% and are less vegetated. 2. The site is physically suitable for the type of development (Government Code§ 66474(c)). Fact: the proposed building envelopes have slopes of <20% percent allowing for future development of the site in compliance with uses permitted under the Residential Suburban zoning district. 3. The site is physically suitable for the proposed density of development (Government Code § 66474(d)). Fact: The proposed lots are 18 -acres and 10 -acres in size. No development is currently proposed, however, future development will be limited to building envelopes identified on the map which have slopes less than 20% and which minimize grading and vegetation impacts. 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 applicant proposes subdividing one 48 -acre lot into four parcels; there is no development planned at this time. Identified building envelopes have been identified to minimize impacts on existing vegetation heavily sloped areas of each site if development were to occur. 5. The design of the subdivision or the type of improvements will not cause serious health problems. (Government Code § 66474(f)), and Fact: No new construction is proposed. The subdivision is proposed in an area that is currently developed with single-family homes. The proposed lot sizes meet the standards of the Atascadero Municipal Code. 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: Llano Rd will remain unchanged. No private access easements exist on-site. SECTION 4 CE A. A draft Negative Declaration was prepared in accordance with CEQA and circulated for public review. The Planning Commission reviewed and analyzed the draft environmental determination and has determined that the document is adequate and complete based on all available information and public input received. SECTION 5. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on October 5, 2021, resolves to approve Tentative Parcel Map AT 20- 0019 (SBDV 2020-0025), subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Tentative Parcel Map On motion by Commissioner Hughes, and seconded by Commissioner Schmidt the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: Anderson, Carranza, Hughes, Schmidt, Keen and van den Eikhof (6) NOES: None (0) ABSTAIN: None (0) ABSENT: McIntyre (1) ADOPTED: October 5, 2021 CITY OF ATASCADERO, CA Jeff vAn—&dPikhof Planning Commission Chairperson Attest: Phil Dunsmore Planning Commission Secretary EXHIBIT A: Conditions of Approval SBDV 20-0025 Conditions of Approval Timing Tentative Parcel Map BL: Business License 6255 Llano Road FM: Final Map GP: GradingPermt SBDV 20-0025 BP: Building PermA Fl: Final Inspection TO: Temporary Occupancy F0: Final Occupancy Planning Services 1. SBDV 20-0025 (Tentative Parcel Map AT 20-0019) shall be for the subdivision of 6255 Llano Ongoing Road into 4 parcels 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. 1 3. Approval of this Tentative Parcel Map shall be valid for a period of twenty-four (24) months and FM shall expire on October 5, 2023, consistent with Section 66452.6(a)(1) of the California Subdivision Map Act. 4. 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. 5. The Community Development Department shall have the authority to approve minor changes to FM 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, 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. 7. 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. 8. The proposed building envelopes shall be recorded as an additional map sheet. FM The building envelope for parcel 4 shall omit the existing drainage in addition to a 30 -foot setback area to each side of the centerline of the drainage. A no -build open space easement shall be recorded on the portions of the lots upslope from the building envelopes. A separate document shall be recorded detailing permitted and non -permitted uses. Permitted uses shall include passive recreation uses and structures and activities that do not require a permit. 9. All new and existing utilities shall be undergrounded along each parcel frontage with the development of each parcel. All new on-site utilities shall be undergrounded. 10. A deed notification shall be recorded against parcels 3 and 4 notifying owners of the existing drainage paths on-site and notification that any future development of the parcels will require a hydrology analysis and may require setbacks from the drainage path. Conditions of Approval 'riming Tentative Pace/ Map BL: Business License 6255 Llano Road FM: Final Map GP: Grading Permit SBDV 20-0025 BP: Building Permit FI: Final Inspection TO: Temporary Occupancy F0: Final Occupancy Engineering 11. Documents that the City of Atascadero requires to be recorded concurrently with the Map BP (e.g.: easements not shown on the map, common driveway 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 FM accordance with the Subdivision Map Act. 13. The Subdivider shall dedicate a 6 -feet wide Public Utility Easement (PUE) contiguous to the FM road rights-of-way on Llano Rd. 14. 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 15. Each lot shall be served with separate services for water, gas, power, telephone and cable TV. BP Utility laterals shall be located and constructed to each lot in accordance with City Standards and Standard Specifications. 16. Prior to recording the Final Map, the Applicant shall have the map reviewed by the public utility providers for power, telephone, gas, cable TV, and the Atascadero Mutual Water FM 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. Exhibit B: Tentative Parcel Map SBDV 20-0025 /Sidi, r r , 1 •4� 4 f � , , r t *i l i � �l � � ,:fY t •,a!Itrr�lt,; 1 ,fill I • 'y i •I:, '!(' ;141 tl{ =—s y#{LSL1�3 4 , �isy{1-k t1 i41+;t1 Y i •t1 '4{ 4\i,S{Iirtlt4ly�L1 1 o, [ i •� i � � (t 111<t J �' E � i ! f,{,: ttr✓� I R ,,t'�+r a t 1• V •� V i, i 1;;j jt{Ii1 If �t ktMX �4' r 1 tS \ S % 7FlIlrr' rrrlfl+ { { r r I•++far+; !I _ 14 4 1� 1 ;� i Ir rrirftl III{fa�i'{tlr4 � Y 4 �4 I 2 11