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