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HomeMy WebLinkAboutPC Resolution 2023-0006PC RESOLUTION 2023-0006 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING SBDV22-0085 (VESTING TENTATIVE TRACT MAP TR 3187) FOR A 32 LOT SUBDIVISION WITH 43 AIRSPACE CONDOMINIUMS ON LOT 31 LOCATED AT 054-351-008 10850 EL CAMINO REAL / 108509 LLC WHEREAS, an application has been received from 10850, LLC (Applicant/ Owner), 701 Shadow Lane #300, Las Vegas, NV, 89106, to consider a 32 -lot subdivision including 43 airspace condominiums units on a 3.79 acre site located at 10850 El Camino Real, Atascadero, CA 93422 (APN 045-351-008); and WHEREAS, the site has a General Plan Designation of High Density Residential (HDR); and WHEREAS, the site is in the Residential Multi -Family 24 (RMF -24) zoning district; and WHEREAS, the existing site has a gross area of 3.79 acres; and WHEREAS, the minimum lot size in the Residential Multi -Family 24 zone is 0.5 acres; and WHEREAS, the resulting lots from the subdivision are consistent with Planned Development Overlay #34; 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 February 7, 2023 and considered testimony and reports from staff, the applicants, and the public. The Planning Commission held a duly noticed public hearing to consider the project on February 21, 2023 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. a. Findings for Approval of a Tentative Tract Map 1. FINDING: The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan; and Fact: The proposed subdivision has been designed and includes proposed improvements that are consistent with the City's adopted General Plan, in addition to the requirements that have been codified for the Planned Development Overlay. Zone No. 34. 2. FINDING: The site is physically suitable for the type of development; and Fact: The proposed site is suitable for this type of development as the grades are gently sloping. Based on the approved grading plan, the subdivision contains a number of lots and residential units that are consistent with the density of the underlying Residential Multi -Family Zoning District (RMF -24), of a maximum of twenty-four (24) units per acre. 3. FINDING: The site is physically suitable for the proposed density of development; and Fact: The site is directly adjacent to neighborhoods that are zoned Residential Multi - Family 24, which allow for the development of parcels with a maximum density of twenty-four (24) units per acre. Therefore, the project is consistent with the surrounding neighborhood and is suitable for the proposed density. 4. 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 project has been analyzed, consistent with the California Environmental Quality Act (CEQA), through certified Mitigated Negative Declaration, Environmental Document No. 2017-0009. With the incorporation of mitigation measures, in addition to project conditions, the proposed project's impacts will be mitigated to a threshold of less than significant. Therefore, the project will not create substantial environmental damage. 5. FINDING: The design of the subdivision or the type of improvements will not cause serious health problems; and Fact: The proposed project and the types of improvements include a subdivision for a total of 70 residential units over 32 lots. Since the project is residential in nature, and the improvements have been reviewed for consistency with the threshold established by the City, through adopted ordinances, and City policies, the proposed project will not cause serious health problems. 6. FINDING: The design of the subdivision will not conflict with easements for access through or use of property within the proposed subdivision. Fact: The installation of public improvements is necessary, prior to recordation of a Final Map, in order to ensure orderly development of the surrounding area. 7. FINDING: The proposed projector use satisfies all applicable provisions of the Title 9 of the Atascadero Municipal Code this title. Fact: Public improvements are included, as conditioned by the City Engineer, are required and consistent with the City's adopted General Plan, Master Facilities Plan, and Municipal Code. Therefore, the proposed improvements are necessary to ensure orderly development of the surrounding area. SECTION 4. CEOA. The project is consistent with Mitigated Negative Declaration No. 2017-0009 adopted by City Council on August 8a' 2017. SECTION 5. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on February 21, 2023, resolves to approve 10850 El Camino Real Tentative Tract Map TR 3187 (SBDV22-0085), subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Vesting Tentative Tract Map TR 3187 On motion by Commissioner Schmidt, and seconded by Commissioner Hughes the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: Anderson, Heath, Hughes, Schmidt, Keen, van den Eikhof (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Carranza (1) ADOPTED: February 21, 2023 CITY OF ATASCADERO, A Jeff.v . n Eikhof Planning Commission Chairp n Attesl�:�� (� Phil Dunsmore Planning Commission Secretary EXHIBIT A: Conditions of Approval SBDV 22-0085 Conditions of Approval Timing 10850 EI Camino Real BL: Business License SBDV22-0085 FM: Final Map GP: Grading Permit BP: Building Permit PIP: Public Improvement Plans FI: Finallnspection TO: Temporary Occupancy FO: Final Occupancy Planning Conditions 1. SBDV22-0077 (Vesting Tentative Tract Map TR 3187) shall be for the subdivision of 10850 B Ongoing 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 054351-008), 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 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 for a 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 applicant shall deed restrict the following affordable housing units within the development FM 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. 5. The emergency services and facility maintenance costs listed below shall be 100% funded by FM 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. Conditions of Approval I Timing 10850 EI Camino Rea! BL: Business License SBDV22-0085 FM: Final Map GP: Grading Permit BP: Building Permit PIP: Public Improvement Plans FC Final Inspection TO: Temporary Occupancy F0: Final Occupancy • Off-site common City of Atascadero park facilities maintenance service costs related to the project. All tract maintenance costs listed below shall be 100% funded by the project in perpetuity. The FM 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. Prior to Final Map, the applicant shall submit CC&Rs for review by the Community Development FM 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. 8. A condo plan shall be prepared and reviewed by the City prior to recordation. The condo plan FM shall record concurrently with the final map and shall be listed on the face of the map. 9. The Applicant shall enter into a Subdivision Agreement with the City and bond for all subdivision FM 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. 10. An engineer's Estimate of Probable Cost shall be submitted for review and approval by the City FMi PIP Engineer to determine the amount of the bonds. Conditions of Approval Timing 90850 EI Camino Real BL: Business License SBDV22-0085 FM: Final Map GP: Grading Permit BP: Building Permit PIP: Public Improvement Plans FI: Final Inspection TO: Temporary Occupancy F0: Final Occupancy 11. If the tract monuments are not set prior to recordation of the Final Map, the Surveyor shall submit FM 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. 12. Prior to recording the Final Map, the Applicant shall have the map reviewed by the public utility FM 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. 13. Documents that the City of Atascadero requires to be recorded concurrently with the Final Map FM (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. 14. The on-site road shall be privately owned and maintained. The Final Map shall dedicate an FM easement over the road for access, drainage, public utilities, private water and private wastewater purposes. 15. In lieu of dedicating 0.94 acres of public park space, a parkland dedication fee (Quimby Act Fee) FM must be paid prior to the recordation of a Final Map. 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, 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. Public Works Conditions 18. The property owner shall dedicate a 6-feet wide Public Utility Easement (PUE) contiguous to the FM EI Camino Real right-of-way to the satisfaction of the utility purveyors and City Engineer. 19. The water system may require easements outside of the road rights-of-way for water system FM facilities to the satisfaction of the AMWC and City Engineer. 20. The subdivider shall complete street improvements in accordance with City Standard Details PIP 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. EI Camino Real pave-out shall be designed and constructed with a structural section based on "R" Conditions of Approval Timing 90850 El Camino Real BL: Business License SBDV22-0085 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 EI Camino Real shall maintain a 30 -foot radius. e. Directional ADA compliant curb ramps shall be installed at the EI 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 EI 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 foir 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 FM City Engineer. 22. Each lot shall be served with a separate water lateral and meter in accordance with the AMWC FM requirements. 23. Where the water distribution system requires an above ground facility, said facility shall be FM 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. 24. Each lot shall be served with individual utilities (water, power, gas, telephone & cable TV) to the FM satisfaction of the City Engineer. 25. Final site improvement plan must reflect this map (TR 3187). If current plans are inconsistent FM/PIP with the new tract map, the improvement plans shall be updated upon recordation of the map to reflect the recorded map. 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. -W- I| otWAND04 i R1 its | J