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Home My WebLink AboutPC Resolution 2003-0048MAY 2 0 2003 Ov(�GIML RESOLUTION NO. PC 2003-0048 CITY Qr ATASGAD PLANNING A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING A TENTATIVE PARCEL MAP TO DIVIDE ONE RESIDENTIAL LOT INTO TWO PARCELS AT 3955 MONTEREY RD (TPM 2003-0037- KUDEN) WHEREAS, John Kuden, PO Box 3605, San Luis Obispo, CA, 93403 (Owner/Applicant), applied for a Tentative Parcel Map to subdivide one lot totaling 3.85 acres into two parcels; 1.67 and 2.18 acres (all lot areas are gross area); and, WHEREAS, the proposed project has a General Plan Designation of Single Family Residential (SFR -Z) 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-Z), minimum lot size of 1.5 to 2.5 acres based on specific performance standards, which allows for the proposed use and density when certain findings are made; and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2003-0014 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 May 20, 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 2003-0014 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 2002-0037 to subdivide one parcel totaling 3.85 acres into two parcels; 1.67 and 2.18 acres gross, subject to the following Conditions and Exhibits: EXHIBIT A: Mitigated Negative Declaration EXHIBIT B: Conditions of Approval/Mitigation Monitoring EXHIBIT C: Tentative Parcel Map 2003-0037 On motion by Commissioner Kelley and seconded by Commissioner Jones, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: Commissioner Kelley, Jones, Fonzi, Porter, Beraud, O'Keefe, Bentz (7) NOES: None (0) ABSENT: None (0) 1.1 `,11"IM0t.TT� ADOPTED: May 20, 2003 CITY OF ATASCADERO, CA lk,&., �. , ., - Roberta Fonzi Planning Commission Chairperson ATTES arren Frace Planning Commission Secretary EXHIBIT A: Certified Mitigated Negative Declaration Resolution PC 2003-0048 TPM 2003-0037 CITY OF ATASCADERO CERTIFIED MITIGATED NEGATIVE DECLARATION #2003-0014 6500 Palma Avenue Atascadero, CA 93422 805/461-5035 Applicant: John Kuden, PO Box 3605, San Luis Obispo, CA 93403 805-541-6257 Project Title: Tentative Parcel Map 2003-0037 Project 3955 Monterey Rd, Atascadero, CA 93422, San Luis Obispo County Location: APN 049-221-049 Project A proposed subdivision of an existing 3.85 -acre lot into two individual parcels of 1.67 and 2.18 Description: gross acres. The site is currently developed with a single-family residence which will be confined to one lot 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 16%. 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 -Z (RSF-Z) 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 2003-0014 (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 April 22, 2003 May 11, 2003 1. Location Map 2. Tentative Parcel Map 3. Site Plan A. Initial Study EXHIBIT B: Conditions of Approval / Mitigation Monitoring Resolution PC 2003-0048 TPM 2003-0037 Conditions of Approval Timing Responsibility Mitigation Permit# TPM 2003-0037 /Monitoring Measure PS: Planning Sernces Address: 3955 Monterey Rd BL: Business License GP: Grading Permit BS: Building Services FD: Fire Depare'nent BP: Building Pemtit PD: Police Department FI: Finallnspeclion CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA City Attorney F0: Final Occupancy Standard Planning Conditions 1. The approval of this application shall become final, subject to the PM PS 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 -two years PM PS 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 the authority PM PS 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 approved PM PS 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 harmless the City Ongoing CA 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 park or PM PS recreation purposes (QUIMBY Act) as required by City Ordinance. Project Planning Conditions 7. All future site improvements shall be located within the designated building envelope and shall be located to reduce impacts to the natural drainage course. Encroachment into the front setback shall be permitted should zoning exceptions apply. 8. New graded slopes at the property, with a 2:1 slope or greater, BP GP PS that are five feet or greater in height, will require permanent erosion control measures to be installed prior to a final inspection Conditions of Approval Timing Responsibility Mitigation Permit# TPM 2003-0037 /Monitoring Measure PS: Planning Services Address: 3955 Monterey Rd BL: Business License GP: Grading Permit BS: Building Services FD: Fire Department BP: Building Permit PD: Police Department FI: Final inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA City Attorney F0: Final Occupancy of the project. Permanent erosion control measures will consist of drought tolerant landscape with jute netting or similar methods to be approved by the Community Development Department. 9. Future development of the site will require Precise Plan approval. 10. The project shall be conditioned to comply with all applicable BP PS/BS 3.b. 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 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. M Large canopy shade trees shall be provided along street frontages and within parking areas to shade paved areas and Conditions of Approval Timing Responsibility Mitigation Permit# TPM 2003-0037 /Monitoring Measure PS: Planning Services Address: 3955 Monterey Rd BL: Business License GP: Grading Permit BS: Building Services FD: Fire Departrnent BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA City Attorney F0: Final Occupancy minimize urban heat build-up. 11. The building permit site plan shall identify all protection and BP BS/PS 4.e.2 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. 12. A soils report shall be required to be submitted with a future BP BS 6.c.d 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. 13. All construction activities shall comply with the City of BP BS 11.d.1 Atascadero Noise Ordinance for hours of operation. City Engineer Standard Conditions 14. All public improvements shall be constructed in conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings and/or as directed by the City Engineer. 15. In the event that the applicant is allowed to bond for the public improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 16. 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. 17. The Subdivision Improvement Agreement shall record concurrently with the Final Map. 18. An encroachment permit shall be obtained prior to the issuance of building permit. 19. The applicant shall enter into a Plan Check/inspection agreement with the City. 20. A six (6) foot Public Utility Easement (PUE) shall be provided contiguous to the Monterey Road and San Anselmo Road property frontage. 21. The applicant shall be responsible for the relocation and/or alteration of existing utilities. Conditions of Approval Permit# TPM 2003-0037 Address: 3955 Monterey Rd Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning SeMces BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA City Attorney Mitigation Measure 22. The applicant shall install all new utilities (water, gas, electric, cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 23. The applicant shall monument all property comers for construction control and shall promptly replace them if disturbed. 24. 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. 25. Slope easements shall be provided as needed to accommodate cut of fill slopes. 26. Drainage easements shall be provided as needed to accommodate both public and private drainage facilities. 27. A preliminary subdivision guarantee shall be submitted for review in conjunction with the processing of the parcel map. 28. All existing and proposed utility, pipeline, open space, or other easements are to be shown on the parcel map. If there are building or other restrictions related to the easements, they shall be noted on the parcel map. The applicant shall show all access restrictions on the parcel map. 29. The final map shall be signed by the City Engineer prior to the map being placed on the agenda for City Council acceptance. 30. 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. 31. 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. 32. Prior to recording the parcel map, the applicant shall pay all outstanding plan check/inspection fees. 33. Prior to recording the map, the applicant shall complete all Conditions of Approval Timing Responsibility Mitigation Permit# TPM 2003-0037 /Monitoring Measure PS: Planning Services Address: 3955 Monterey Rd BL: Business License GP: Grading Permit BS: Building Services FD: Fin: Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer TO: Temporary WW: Wastewater Occupancy CA: City Attorney F0: Final Occupancy improvements required by these conditions of approval. 34. 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. 35. Upon recording the final map, the applicant shall provide the City with a black line clear Mylar (0.4 mil) copy and a blue line print of the recorded map. 36. Prior to the final inspection of any public improvements, the applicant shall submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans. 37. Prior to the final inspection, the applicant shall submit a written certification from a registered civil engineer or land surveyor that all survey monuments have been set as shown on the final map. Wastewater Department Project Conditions 38. Parcel 2 shall connect to the City sewer system. 39. Applicant shall pay sewer extension (Annexation), connection and reimbursement fees (if applicable) upon issuance of a building permit. Atascadero Mutual Water Company Project Conditions 40. Prior to the recordation of the Final Parcel Map, the applicant shall submit plans showing the water distribution facilities required to serve the project for review and approval by the Atascadero Mutual Water Company. All new water distribution facilities shall be constructed in conformance with Atascadero Mutual Water Company Standards. 41. Prior to the recordation of the Final Map, the applicant shall obtain a " Will Serve " letter from the Atascadero Mutual Water Company. 42. Prior to issuance of building permits, the applicant shall pay all installation and connection fees required by the Atascadero Mutual Water Company. 43. Each newly created parcel will require separate water meter. EXHIBIT C: Tentative Parcel Map Resolution PC 2003-0048 TPM 2003-0037 SIR ,._ yob . gU. oilghR . t Iw��e Ix� g RAN ;I Us +R"k