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HomeMy WebLinkAboutPC Resolution 2003-0031MAR - 4 2 ORIGINAL RESOLUTION NO. PC 2003-0031 CITY OF ATASC PLANNIN A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCAD APPROVING A TENTATIVE PARCEL MAP, TO DIVIDE ONE RESIDENTIAL LOT I TWO PARCELS AT 8105 COROMAR AVE. (TPM 2002-0034- BASYE) WHEREAS, Phillip Basye, 209 Sandydale Dr., Nipomo, CA, 93444 (Owner/Applicant), applied for a Tentative Parcel Map to subdivide one lot totaling 1.34 acres into two parcels; 0.77 and 0.52 net acres; and, WHEREAS, the proposed project has a General Plan Designation of Single Family Residential (SFR -X) and is in conformance with the Land Use Element of the General Plan and all other applicable General Plan policies; and, WHEREAS, the site is located in the Residential Single Family (RSF-X), minimum lot size of 0.5 acre net, which allows for the proposed use and density when certain findings are made; and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2003-0004 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission held a duly noticed public hearing to consider the proposed Mitigated Negative Declaration and Tentative Parcel Map application on March 4, 2003 at 7:00 p.m. and considered testimony and reports from staff, the applicants, and the public. NOW, THEREFORE, the Planning Commission takes the following actions: SECTION 1. Certification of Negative Declaration. The Planning Commission of the City of Atascadero, hereby certifies Mitigated Negative Declaration 2003-0004 based on the following findings: 1. The Negative Declaration has been completed in compliance with requirements of the California Environmental Quality Act; and, 2. The project does not have the potential to degrade the environment; and 3. The project will not achieve short-term to the disadvantage of long-term environmental goals; and, 4. The project does not have impacts which are individually limited, but cumulatively considerable; and, 5. The project will not cause substantial adverse effects on human beings either directly or indirectly. SECTION 2. Findings for approval of subdivision. The Planning Commission finds as follows: 1. The proposed subdivision, as conditioned, is consistent with the General Plan and applicable zoning requirements. 2. The design and improvement of the proposed subdivision is consistent with the General Plan and applicable zoning requirements. 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the density of development proposed. 5. The design and improvement of the proposed subdivision will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat. 6. The subdivision is consistent with the character of the immediate neighborhood. 7. The design of the subdivision will not conflict with easements acquired by the public at large for access through, or the use of property within, the proposed subdivision; or substantially equivalent alternative easements are provided. 8. The proposed subdivision design and type of improvements proposed will not cause serious public health problems. 9. The proposed subdivision will be accomplished without detriment to the adjacent properties. 10. The proposed accessway improvements meet the intent of the subdivision ordinance and are adequate for safe emergency vehicle access. SECTION 3. Approval. The Planning Commission does hereby approve Tentative Parcel Map 2002-0034 to subdivide one parcel totaling 1.34 acres into two parcels; 0.77 and 0.52 acres, subject to the following Conditions and Exhibits: EXHIBIT A: Mitigated Negative Declaration EXHIBIT B: Conditions of Approval EXHIBIT C: Tentative Parcel Map 2002-0034 On motion by Commissioner Jones and seconded by Commissioner Kelley, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: Commissioners Jones, Kelley, Porter, Fonzi, Bentz, O'Keefe, and Beraud (7 ) NOES: None (0 ) ABSENT: None (0 ) ABSTAIN: None (0 ) ADOPTED: March 4, 2003 CITY OF ATASCADERO, CA t Roberta Fonzi U Planning Commission Chairperson ATTE Warren Frace Planning Commission Secretary EXHIBIT A: Certified Mitigated Negative Declaration Final Resolution PC 2003-0031 TPM 2002-0034 CITY OF ATASCADERO CERTIFIED MITIGATED NEGATIVE DECLARATION #2003-0004 6500 Palma Avenue Atascadero, CA 93422 805/461-5035 Applicant: Phillip Basye, 709 Sandydale Dr., Nipomo, CA 93444 Project Title: Tentative Parcel Map 2002-0034 Project 8105 Coromar Ave., Atascadero, CA 93422, San Luis Obispo County Location: APN 056-031-036 Project A proposed subdivision of an existing 1.34 -acre lot into two individual parcels of .77 and .52 net Description: acres. The site is currently developed with a single-family residence and detached shed. The existing residence will be confined to one lot. An existing shed shall be removed to allow the new lot to be developed with a new single-family residence. The parcels are slight to moderately sloped and contain several native oak trees. The newly created parcel averages slopes of less than 10%. The property will be served by City sewer, and water is available from Atascadero Mutual Water Company. General Plan Designation: Single Family Residential (SFR). Zoning District: Residential Single Famil -Y (RSF-X) Findings: 1. The project does not have the potential to degrade the environment. 2. The project will not achieve short-term to the disadvantage of long-term environmental goals. 3. The project does not have impacts which are individually limited, but cumulatively considerable. 4. The project will not cause substantial adverse effects on human beings either directly or indirectly. Determination: Based on the above findings, and the information contained in the initial study 2003-0004 (made a part hereof by reference and on file in the Community Development Department), it has been determined that the above project will not have an adverse impact on the environment when the following proposed mitigation measures are incorporated into the project (see attachment). Prepared By: Date Posted: Public Review Ends: Attachments: Exhibit: Kelly Davis, Assistant Planner February 4, 2003 February 23, 2003 1. Location Map 2. Tentative Parcel Map 3. Site Plan A. Initial Study EXHIBIT B: Conditions of Approval Final Resolution PC 2003-0031 TPM 2002-0034 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure 8105 Coromar Ave. PM: Parcel Map GP: Grating Permit PS: Planning Services TPM 2002-0034 BP: Building Permit TCr. Temporary Occupancy BS: Building Services FD: Fire Department FO,. Final Occupancy PI: Public Improvements PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Water Company Planning Services Standard Planning Conditions 1. The approval of this application shall become final, PM PS subject to the completion of the conditions of approval, fourteen (14) days following the Planning Commission 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 PM PS two years after its effective date. At the end of the period, the approval shall expire and become null and void unless an extension of time is granted pursuant to a written request received prior to the expiration date. 3. The Community Development Department shall have PM PS 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. 4. A parcel map drawn in substantial conformance with the PM PS approved tentative map, and in compliance with all conditions set forth herein, shall be submitted for review and approval in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 5. The subdivider shall defend, indemnify, and hold Ongoing CA 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. 6. The parcel map shall be subject to additional fees for PM PS park or recreation purposes (QUIMBY Act) as required by City Ordinance. Project Specific Conditions-CEQA 7. The project shall be conditioned to comply with all BP PS/BS 3.b. applicable District regulations pertaining to the control of fugitive dust (PM -10) as contained in section 6.4 of the Air Quality Handbook. All site grading and Conditions of Approval / Mitigation Monitoring Program 8105 Coromar Ave. TPM 2002-0034 Timing Responsibility Mitigation /Monitoring Measure PM: Parcel Map GP: Grading Permit PS: Planning Services BP: Building Permit BS: Building Services TO: Temporary Occupancy FD: Fire Department F0: Final Occupancy PD: Police Deparment PI: Public Improvements CE: City Engineer WW: Wastewater CA CilyAttomey AMWC: Atascadero Mutual Water Company demolition plans notes shall list the following regulations: A. All material excavated or graded shall be sufficiently watered to prevent excessive amounts of dust. Watering shall occur at least twice daily with complete coverage, preferably in the late morning and after work is finished for the day. B. All clearing, grading, earth moving, or excavation activities shall cease during periods of high winds (i.e. greater than 20 mph averaged over one hour) so as to prevent excessive amounts of dust. C. All material transported off-site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust. D. The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized so as to prevent excessive amounts of dust. E. Permanent dust control measured identified in the approved project revegetation and landscape plans shall be implemented as soon as possible following completion of any soil disturbing activities. F. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading shall be sown with fast -germinating native grass seed and watered until vegetation becomes established. G. All disturbed areas not subject to revegetation shall be stabilized using approved chemical soil binders, jute netting, or other methods in advance by the APCD. H. All roadways, driveways, sidewalks, etc. to be paved shall be completed as soon as possible. In addition, structural foundations shall be completed as soon as possible following building pad construction. I. On-site vehicle speed shall be limited to 15 mph for any unpaved surface. J. All unpaved areas with vehicle traffic shall be watered at least twice per day, using non -potable water. K. Streets adjacent to the project site shall be swept daily to remove silt which may have accumulated from construction activities so as to prevent excessive amounts of dust from leaving the site. L. Wheel washers may be required when significant offsite import or export of fill is involved. 8. There are two native trees located on the created BP BS/PS 4.e.1 parcel. The proposed location for access to the newly created parcel will encroach into the dripline of the 24" oak. Pervious pavers shall be installed on those portions of the driveway that are under 12 percent and under the canopy of native trees. Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure 8105 Coromar Ave. PM: Parcel Map GP: Grading Permit PS: Planning Senates g TPM 2002-0034 BP: Building Permit TO: Temporary Occupancy BS: Building Services FD: Fire Department F0: Final Occupancy PI: Public Improvements PD: Police Department CE: City Engineer WW: Wastewater CA, City Attomey AMWC: Atascadero Mutual Water Company 9. The building permit site plan shall identify all BP BS/PS 4.e.2 protection and enhancement measures. Tree protection fencing shall be installed at the driplines of all native trees within 20' of any construction activity. Encroachment into the dripline of any native tree will require additional preservation and enhancement measures as approved by planning staff at time of review. 10. A soils report shall be required to be submitted with a BP BS 6.c.d future building permit by the building department. The building plans will be required to follow the recommendations of the soils report to assure safety for residents and buildings. The property contains no unusual geological formations. 11. All construction activities shall comply with the City of BP BS 11.4.1 Atascadero Noise Ordinance for hours of operation. Engineering 12. In the event that the applicant is allowed to bond for CE any public improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 13. An engineer's estimate of probable cost shall be submitted for review and approval by the City Engineer to determine the amount of the bond. 14. The Subdivision Improvement Agreement shall record concurrently with the Final Map. 15. The applicant shall enter into a Plan Check/Inspection agreement with the City. 16. A six (6) foot Public Utility Easement (PUE) shall be provided contiguous to the Coromar Ave. property frontage. 17. The applicant shall acquire title interest in any off-site land that may be required to allow for the construction of the improvements. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress and egress is affected by these improvements. 18. Slope easements shall be obtained by the applicant as needed to accommodate cut or fill slopes. 19. Drainage easements shall be obtained by the applicant as needed to accommodate both public and Conditions of Approval / Mitigation Monitoring Program 8105 Coromar Ave. TPM 2002-0034 Timing Responsibility /Monitoring PM. Parcel Map PS: Planning Services GP: Grading Permit g BP: Building Permit BS: Building Services TO: Temporary Occupancy FD: Fire Department FO: Final Occupancy PD: Police Department PI: Pudic Improvements CE: City Engineer WW: Wastewater CA City Attorney AMWC: Atascadero Mutual Water Company Mitigation Measure private drainage facilities. 20. A preliminary subdivision guarantee shall be submitted for review in conjunction with the processing of the parcel map. 21. The final map shall be signed by the City Engineer prior to the map being placed on the agenda for City Council acceptance. 22. Prior to recording the parcel map, the applicant shall pay all outstanding plan check/inspection fees. 23. Prior to recording the map, the applicant shall complete all improvements required by these conditions of approval. 24. Prior to recording the parcel map, the applicant shall set monuments at all new property corners. A registered civil engineer or licensed land surveyor shall indicate by certificate on the parcel map, that corners have been set or shall be set by a date specific and that they will be sufficient to enable the survey to be retraced. 25. Prior to recording the parcel map, the applicant shall submit a map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein. The map shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 26. All existing and proposed utility, pipeline, open space, or other easements are to be shown on the final/parcel map. If there are building or other restrictions related to the easements, they shall be noted on the final/parcel map. The applicant shall show all access restrictions on the final/parcel map. 27. Prior to recording the parcel map, the applicant shall have the map reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company indicating their review of the map. The letter shall identify any new easements that may be required by the utility company. A copy of the letter shall be submitted to the City. New easements shall be shown on the parcel map. 28. Prior to the issuance of building permits the applicant shall submit plans and supporting calculations/reports including street improvements, underground utilities, Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure 8105 Coromar Ave. PM: Parcel Map GP: Grading Permit PS: Planning Services g TPM 2002-0034 BP: Building Permit TO: Temporary Occupancy BS: Building Services FD: Fire Department F0: Final Occupancy PI: Public Improvements PD: Police Departrnent CE: City Engineer WW: Wastewater CA City komey AMWC: Atascadero Mutual Water Company composite utilities, and grading/drainage plans prepared by a registered civil engineer for review and approval by the City Engineer. Atascadero Mutual Water Company 29. Prior to the issuance of building permits, the applicant shall submit plans showing the water distribution facilities required to sere the project for review and approval by the Atascadero Mutual Water Company. The plans shall show the facilities required for fire protection. 30. Prior to the issuance of building permits, the applicant shall obtain a "Will Sere" letter from the Atascadero Mutual Water Company. 31. Prior to the issuance of building permits, the applicant shall pay all installation and connection fees required by the Atascadero Mutual Water Company. 32. All water distribution facilities shall be constructed in conformance with Atascadero Mutual Water Company standards, policies and approved procedures. 33. Separate meters are required for separate parcels. EXHIBIT C: Tentative Parcel Map Final Resolution 2003-0031 TPM 2002-0034