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Home My WebLink AboutPC Resolution 2022-0017APPROVED R' PC RESOLUTION 2022-0017 (k��'IiUV 1 2022 CITY OF ATASCADERO RESOLUTION OF THE PLANNING COMMISSION OIPLANNlNG THE CITY OF ATASCADERO, CALIFORNIA, APPROVING SBDV22-0077 (VESTING TENTATIVE TRACT MAP TR 3204) FOR A TWO LOT SUBDIVISION WITH 76 AIRSPACE CONDOMINIUMS ON PARCEL 2 LOCATED AT 030-461-00.4 CALIFORNIA MANOR II ATASCADERO CALIFORNIA MANOR, LP (SBDV22-0077) WHEREAS, an application has been received from Atascadero California Manor, LP (Applicant/ Owner), 1370 Jensen Ave. #B, Sanger, CA 93657 to consider a two -lot subdivision including seventy-six (76) airspace condominiums units for the development of California Manor II Apartments, a low-income affordable senior housing complex; and and and WHEREAS, the site has a General Plan Designation of High Density Residential (HDR); WHEREAS, the site is in the Residential Multi -Family 24 (RMF -24) zoning district; and WHEREAS, the existing site has a gross area of 4.73 acres; and WHEREAS, the minimum lot size in the Residential Multi -Family 24 zone is 0.5 acres; WHEREAS, the resulting lots from the subdivision are 2.95 acres and 1.78 acres; 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 Subdivision and Conditional Use Permit 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 Subdivision; 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. The Planning Commission held a duly noticed public hearing to consider the project on November 1. 2022 and considered testimony and reports from staff, the applicants, and the public. SECTION 3. Findings. The Planning Commission makes the following findings, determinations and approvals. 1. Findings for Approval of a Tentative Tract Map FINDING: The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan; and Fact: The High -Density Residential land use designation is designed to encourage housing types that increase density in the city. The minimum lot size in an HDR area is 0.5 acres net. The two resulting lots from this subdivision will be 2.95 and 1.78 acres, respectively. The HDR General Plan designation will remain for both lots. FINDING: The site is physically suitable for the type of development; and Fact: The site is flat and no physical changes are required. FINDING: The site is physically suitable for the proposed density of development; and Fact: The subdivision is of a lot that has an existing large multifamily apartment building. Although not an equal split, both new lots will be large enough in size to accommodate both current and proposed building densities. FINDING: 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; and Fact: The lot to be subdivided is already heavily developed. The new building will involve the removal of some large oak trees but otherwise will not substantially damage the environment or wildlife. FINDING: The design of the subdivision or the type of improvements will not cause serious health problems; and Fact: The improvements proposed will not cause health problems and are appropriate for HDR land use and zoning standards. FINDING: The design of the subdivision will not conflict with easements for access through or use of property within the proposed subdivision. Fact: The applicant is required to record new easements prior to recordation of the Final Map. 2. Findings for Approval of a Dep Lot Subdivision without a flag FINDING: An easement is sufficient to serve the proposed rear parcel and that the flag is in an area that is not feasible to provide access. Fact: An easement will provide sufficient access to the rear lot. A flag over Lot 1 has the potential to create issues in the future for potential owners. The flag would be located over parking spaces and if future owners wanted to take advantage of the flag it could impact access and functionality to both properties. SECTION 4. CEQA. 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 November 1, 2022, resolves to approve California Manor II Apartments Vesting Tentative Tract Map TR 3204 (SBDV22-0077), subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Vesting Tentative Tract Map TR 3204 EXHIBIT C: Preliminary Grading Plan EXHIBIT D: Preliminary Utility Plan On motion by Commissioner Schmidt, and seconded by Commissioner Heath the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: Anderson, Carranza, Heath, Schmidt, van den Eikhof (5) NOES: None (0) ABSENT: Keen, Hughes ADOPTED: November 1, 2022 CITY OF ATASCADERO, CA Jef v n Eikhof Planning Commission Chairperson Attest: PV' -'4' ('-� -Ll� Phil Dunsmore Planning Commission Secretary (0) (2) EXHIBIT A: Conditions of Approval SBDV 22-0077 Conditions of Approval Timing California Manor 11 Apartments BL: Business License 10165 EI Camino Real FM: Final Map GP: Grading Permit SBDV22-0077 Fl: BuildingPemlt FI: Final Inspection TO: Temporary Occupancy l FO: Final Occupancy Planning Services 1. SBDV22-0077 (Vesting Tentative Tract Map TR 3204) shall be for the subdivision of 10165 EI Ongoing Camino Real; A portion of Parcel A of Parcel Map AT81-183, as recorded in book 31, page 26 of parcel maps, in the County of San Luis Obispo, California. (Assessor's Parcel Number's 030-461- 044), as generally shown in attached Exhibit B, regardless of owner. The Tract Map allows for a. the subdivision of one existing parcel into two parcels, and b. a 76 -unit airspace subdivision on resulting parcel 2 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 Tract Map shall be valid fora period of twenty-four (24) months, consistent FM with Section 66452.6(a)(1) of the California Subdivision Map Act. The approved Tentative Tract 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 Tract 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. A deed restriction shall be entered between the City of Atascadero and the applicant deed BP restricting all 171 units to low income affordable and ages 62+ for a term of no less than 55 ears. This deed restriction shall be recorded prior to the issuance of building permits. 8. On-site easements for access for both lots in perpetuity, pedestrian traffic, drainage, utilities, FM parking, etc., shall be shown on the Final Map, and created by separate easement documents to be recorded concurrently with the Final Map. The easement document shall include a stipulation that the easements cannot be modified without approval of the City of Atascadero's Community Development Department. Public Works Conditions 9. At building permit submittal, provide City Stormwater Control Plan form and supplementary BP report addressing post construction requirements and Drainage Analysis supporting the sizing of the underground storage chambers according the City Standards and Specifications Section 5.0. Include a 100 -year storm overland escape path on plans. Exhibits/plans to support draft drainage report assumption that the overflow would go towards EI Camino Real. Design to Conditions of Approval Timing California Manor ii Apartments BL: Business License 10165 EI Camino Real FM: Final Map GP: Gracing Permit SBDV22-0077 Fl: Building Permit FI: Final Inspection TO: Temporary Occupancy F0: Final Occupancy ensure no cross -lot drainage into neighboring property is introduced as a result of the raising on the site at the east/back of the property. 10. Underground storage shall have a manhole and isolator row provided for maintenance purposes. FI SWCP forms (ATAS-SWP-1001, ATAS-SWP-1003, ATAS-SWP-2002, ATAS-SWP-3001, ATAS-SWP-3002) shall be completed and submitted to the City Engineer prior to a Final Inspection of Building(s). i � 1 `a 1 _ M1 J• � +tia./+il i01i 44111Y�'G �F4? 4 � ,Y64