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Home My WebLink AboutPC Resolution 2022-0009APPRONED 11� JUL 5 2022 PC RESOLUTION 2022-0009 Crry OF ATASCADERO PLANNING RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP AT 21-0034 ESTABLISHING SIXTEEN AIRSPACE UNITS ON ONE COMMON LOT AT 3710 EL CAMINO REAL SBDV22-0026 3710 EL CAMINO REAL APN 049-221-016 (STAFFORD) WHEREAS, an application was received from Mitchell Stafford, 6955 Balboa Rd, Atascadero, CA 93422 (owner and applicant), for a Tentative Parcel Map to allow a commercial and residential airspace subdivision at 3710 El Camino Real (APN 049-221-016); and and WHEREAS, the property is in the General Commercial (GC) General Plan Land Use Designation; WHEREAS, the property is in the Commercial Retail (CR) zoning district; and WHEREAS, mixed use projects are considered a conditionally allowed use in the Commercial Retail 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, the proposed project qualifies for a Categorical Exemption consistent with CEQA Guidelines Section 15332: In -fill Development Projects; and WHEREAS, a timely and properly noticed Public Hearing upon the subject conditional use permit was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said use permit; 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 Tentative Parcel Map: SECTION 1. Recitals: The above recitals are true and correct. SECTION 2. Public Hearin. The Planning Commission of the City of Atascadero, at a Public Hearing held on July 5, 2022 considered the proposed project. SECTION 3. Findings for approval of Tentative Parcel Man. 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 Commercial Retail zoning district is designed to allow for mixed-use developments with the approval of a conditional use permit. The mixed-use development was approved in 2020 by the Planning Commission and is in the city's building permit review process. The project proposes an airspace subdivision of the buildings to allow for separate ownership of each residential and commercial space. The proposed subdivision will not alter the physical improvements approved for construction 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 relatively flat and no physical changes are required beyond what was previously approved. 3. The site is physically suitable for the proposed density of development (Government Code § 66474(d)), and Fact: The sixteen proposed airspace units are within a previously approved development. 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 development was previously approved and permits are ready to issue. No additional 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 July 5, 2022, resolved to approve a Tentative Parcel Map AT 21-0034 (SBDV22-0026) subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Tentative Parcel Map On motion by Vice Chairperson Keen, and seconded by Commissioner Hughes, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: Commissioners Keen, Hughes, Schmidt, Van den Eikhof, Carranza, Heath, and Anderson (7) NOES: None (0) ABSENT: None (0) ABSTAINED:None ADOPTED: July 5, 2022 CITY OF ATASCADERO, CA Jeff a Eikhof Planning Commission Chai �k� ATTEST: Phil Dunsmore Planning Commission Secretary (0) EXHIBIT A: Conditions of Approval SBDV22-0026 Condominium Subdivision Conditions of Approval Timing Tentative Parcel Map BL: Business License FM: Final Map 3710 EI Camino Real GP: Grading Permit BP: Building Pemdt SBDV 22-0026 FI: Finallnspecton TO: Temporary Occupancy F0: Final Occupancy l Planning Services Conditions 1. SBDV 22-0026 (Tentative Parcel Map AT 21-0034) shall be for the airspace subdivision of 3710 EI Ongoing Camino Real; a portion of lot 4 of block 18 of the Atascadero Colony, in the city of Atascadero, County of San Luis Obispo, California. (Assessor's Parcel Number's 049-221-016), 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 July 5, 2024, 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 I 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 16 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. The condominium plan shall include provisions to link garage units to residential units to ensure concurrent sale and ownership of said units. 9. Prior to recordation of the final map, the applicant shall provide recorded CC&R's outlining FM maintenance responsibilities between the owners. 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. 11. A deed notification shall be recorded against the property outlining the following: Conditions of Approval Timing Tentative Parcel Map BL: Business License 3710 EI Camino Real FM: Final Map GP: Grading Perr t SBDV 22-0026 BP: Building Permit Fl: Finallnspedon TO: Temporary Occupancy F0: Final Occupancy a. That the project is part of an approved use permit and all development including landscaping and fencing shall remain consistent with said approval, and b. All surface parking must remain shared between residential and commercial users with the exception of the 2 spaces between building 1 and 2 which may be reserved as residential guest parking. No other surface parking reservations are permitted, and c. Residential garages must be maintained for parking of vehicles, and d. That the fire department turnaround shall remain clear of obstructions at all times. Public Works Conditions 12. 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 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 Covenants, Conditions and Restrictions (CC&Rs) document for review by City - designating the responsibilities of the air space condo owners for the shared spaces/ improvements. 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. Frontage improvements shall be installed or bonded for as conditioned by City of Atascadero PC Resolution 2020-0015 for a Conditional Use Permit on the property, particularly the removal of curb, gutter and sidewalk will be limited to that which is needed for the new driveway configuration as this frontage is new. O O rL u = • � r� s e � Con ,y e1i jai E66 ' s � s e � i�9O1��lsml 10 i AyMFIfiliN 5311 w0i YHi'eY40t-� IW Y rw•.+. tVr, ON.t iaw, a}OHO 4Yt-ln.mr.yt