HomeMy WebLinkAboutResolution 2023-010EXHIBIT A: Conditions of Approval
SBDV 22-0085
Conditions of Approval
10850 El Camino Real
SBDV22-0085
Timing
BL: Business License FM: Final Map GP: Grading Permit
BP: Building Permit
PIP: Public
Improvement Plans
FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy
Planning Conditions
1. SBDV22-0077 (Vesting Tentative Tract Map TR 3187) shall be for the subdivision of 10850 El
Camino Real; A portion of Lot 4, Block 35 of the City of Atascadero, County of San Luis Obispo,
State of California, according to the map recorded October 21, 1914 in Book 3, Page 46 of Maps,
in the office of the county recorder of said county. (Assessor’s Parcel Number’s 054-351-008), as
generally shown in attached Exhibit B, regardless of owner. The Tract Map allows for:
a. The subdivision of one existing parcel into 32 parcels, and
b. A 43-unit airspace subdivision on resulting Parcel 31
Ongoing
2. The appeal period is 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.
Ongoing
3. Approval of this Tentative Tract Map shall be valid for a period of twenty-four (24) months, consistent
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
FM
4. The applicant shall deed restrict the following affordable housing units within the development
prior to or concurrently with recordation of a Final Map for the project:
• 3 units dedicated to persons of very low income; • 6 units dedicated to persons of low income;
Prior to the issuance of building permits:
• Applicant shall construct six (6) units dedicated to persons of moderate income and
record deed restrictions for these units; or
• Pay an in-lieu fee of 5.00% of the construction valuation of six (6) market rate units.
For sale units shall be deed restricted for 30 years. Units that are designated affordable that
are rental units shall be restricted for 55 years.
FM
5. The emergency services and facility maintenance costs listed below shall be 100% funded by
the project in perpetuity. The service and maintenance costs shall be funded through a
community facilities district established by the City at the developer's cost. The funding
mechanism must be in place prior to or concurrently with acceptance of the final maps. The
funding mechanism shall be approved by the City Attorney, City Engineer and Administrative
Services Director prior to acceptance of any Final Map. The administration of the above
mentioned funds shall be by the City. Developer agrees to participate in the Community Facilities
District and to take all steps reasonably required by the City with regard to the establishment of
the district and assessment of the property.
• All Atascadero Police Department service costs to the project.
• All Atascadero Fire Department service costs to the project.
FM
Resolution 2023-010
Exhibit A
Conditions of Approval
10850 El Camino Real
SBDV22-0085
Timing
BL: Business License
FM: Final Map
GP: Grading Permit
BP: Building Permit
PIP: Public
Improvement Plans FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy
• Off-site common City of Atascadero park facilities maintenance service costs related to the
project.
6. All tract maintenance costs listed below shall be 100% funded by the project in perpetuity. The
service and maintenance cost shall be funded through a Homeowners Association established
by the developer subject to City approval or similar maintenance entity. The Homeowners
Association or similar maintenance entity must be in place prior to, or concurrently with,
acceptance of any Final Map. The Homeowners Association or similar entity shall be approved
by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of
any Final Map. The administration of the above mentioned funds, and the coordination and
performance of maintenance activities, shall be the responsibility of the Homeowners
Association.
• All streets, bridges, sidewalks, streetlights, street signs, roads, emergency access roads,
emergency access gates, and sewer mains within the project.
• All parks, trails, recreational facilities and like facilities.
• All open space and native tree preservation areas.
• All drainage facilities and detention basins.
• All creeks, flood plains, floodways, wetlands, and riparian habitat areas.
• All common landscaping areas, street trees, medians, parkway planters, manufactured
slopes outside private yards, and other similar facilities.
• All frontage landscaping and sidewalks along public streets per municipal code
requirements.
FM
7. Prior to Final Map, the applicant shall submit CC&Rs for review by the Community Development
Department. The CC&R’s shall record with the Final Map and shall include the following:
• Provisions for maintenance of all common areas including access, parking, street trees,
fencing and landscaping.
• A detailed list of each individual homeowner’s responsibilities for maintenance of the
individual units. • Individual unit’s responsibility for keeping all trash receptacles within the unit’s garage. • Include provisions for ensuring parking within garages.
CC&R’s may include the entire project under one document or may be tiered should separate
governing documents be desired for the single-family and multi-family portions of the project.
FM
8. A condo plan shall be prepared and reviewed by the City prior to recordation. The condo plan
shall record concurrently with the final map and shall be listed on the face of the map.
FM
9. The Applicant shall enter into a Subdivision Agreement with the City and bond for all subdivision
improvements (public and certain private improvements) that are not completed prior to
recordation of the first Final Map and each subsequent phased Final Map. The Subdivision
Improvement Agreement and bond shall be approved by the City Council and prepared in
accordance with City regulations.
FM
10. An engineer’s Estimate of Probable Cost shall be submitted for review and approval by the City
Engineer to determine the amount of the bonds.
FM/ PIP
Resolution 2023-010
Exhibit A
Conditions of Approval
10850 El Camino Real
SBDV22-0085
Timing
BL: Business License
FM: Final Map
GP: Grading Permit
BP: Building Permit
PIP: Public
Improvement Plans FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy
11. If the tract monuments are not set prior to recordation of the Final Map, the Surveyor shall submit
a letter stating the cost required to set the tract monuments and the Applicant shall submit a
Monumentation Bond in an equal amount, to the satisfaction of the City Engineer.
FM
12. 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 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.
FM
13. Documents that the City of Atascadero requires to be recorded concurrently with the Final Map
(e.g.: off-site rights-of-way dedications, easements not shown on the map, agreements, etc.)
shall be listed on the certificate sheet of the map.
FM
14. The on-site road shall be privately owned and maintained. The Final Map shall dedicate an
easement over the road for access, drainage, public utilities, private water and private
wastewater purposes.
FM
15. In lieu of dedicating 0.94 acres of public park space, a parkland dedication fee (Quimby Act Fee)
must be paid prior to the recordation of a Final Map.
FM
16. Vesting Tentative Subdivision Map for all lots proposed in Tract 3187 was deemed complete on
February 21, 2023, for the purposes of vested development rights and fees consistent with the
Subdivision Map Act of the State of California.
17. The Subdivider shall defend, indemnify, and hold 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.
Ongoing
Public Works Conditions
18. The property owner shall dedicate a 6-feet wide Public Utility Easement (PUE) contiguous to the
El Camino Real right-of-way to the satisfaction of the utility purveyors and City Engineer.
FM
19. The water system may require easements outside of the road rights-of-way for water system
facilities to the satisfaction of the AMWC and City Engineer.
FM
20. The subdivider shall complete street improvements in accordance with City Standard Details
and Standard Specifications and to the satisfaction of the City Engineer. The following minimum
requirements shall be incorporated into the project consistent with approved Site Improvement
Plans for Tract 3099 (now Tract 3187), City permit number B18-15625 and all revisions:
a. New sidewalk, curb & gutter shall be installed across the property frontage and shall
match the existing adjacent frontage improvements.
b. The on-site private road shall be designed and constructed with a structural section based
on "R" value testing, utilizing the Traffic Index = 5.5 (with a 20-yr design life). The
Applicant shall be responsible for providing all testing and calculations. Calculations shall
include the safety factor defined in the State Highway Design Manual. The minimum
asphalt thickness shall not be less than 3-inches.
c. Street pavement shall be widened to meet the new frontage improvements. El Camino
Real pave-out shall be designed and constructed with a structural section based on "R"
PIP
Resolution 2023-010
Exhibit A
Conditions of Approval
10850 El Camino Real
SBDV22-0085
Timing
BL: Business License
FM: Final Map
GP: Grading Permit
BP: Building Permit
PIP: Public
Improvement Plans FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy
value testing, utilizing the Traffic Index = 10 (with a 20-yr design life). The minimum
asphalt thickness shall not be less than 3-inches.
d. Curb returns at El Camino Real shall maintain a 30-foot radius.
e. Directional ADA compliant curb ramps shall be installed at the El Camino Real
intersection, to the satisfaction of the City Engineer.
f. Street striping, signage, traffic signals, and any traffic control improvements shall be in
accordance with the CA Manual on Unified Traffic Control Devices (CA-MUTCD), and to
the satisfaction of the City Engineer.
g. Street lighting may be required at the intersection and/or locations as determined by the
City Engineer.
h. The bike lane shall be extended along the project side of El Camino Real to the southerly
intersection of La Costa Ct.
If the applicant wishes to record the final map prior to completion of subdivision improvements, a
subdivision improvement agreement and bonding for remaining improvements shall be required.
An engineer’s estimate of costs for remaining improvements shall be submitted to City Engineer or
his designee for review and approval and will serve as the basis for required bonding amounts to
be included in the subdivision improvement agreement to be provided to the developer.
21. The Applicant shall extend the water distribution system to the satisfaction of the AMWC and
City Engineer.
FM
22. Each lot shall be served with a separate water lateral and meter in accordance with the AMWC
requirements.
FM
23. Where the water distribution system requires an above ground facility, said facility shall be
located in an easement contiguous to the road right-of-way and shall include visual screening,
to the satisfaction of the AMWC, Community Development Director, and City Engineer.
FM
24. Each lot shall be served with individual utilities (water, power, gas, telephone & cable TV) to the
satisfaction of the City Engineer.
FM
25. Final site improvement plan must reflect this map (TR 3187). If current plans are inconsistent
with the new tract map, the improvement plans shall be updated upon recordation of the map to
reflect the recorded map.
FM/PIP
General Conditions
26. Approval of this entitlement shall be final and effective consistent with Atascadero Municipal
Code (AMC) section 9-1.111 seq. et. al.
Resolution 2023-010
Exhibit A
Resolution 2023-010
Exhibit B