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Home My WebLink AboutPC Resolution 2002-0054OCT 1 5 2002 FINAL RESOLUTION NO. PC 2002-0054 LCIT Y OF ATASCA® PLANNING 2 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 3650 TRAFFIC WAY (TPM 2002-0029 / SKIBO) WHEREAS, Henry J. Skibo, 3650 Traffic Way, Atascadero, CA, 93422 (Owner/Applicant), applied for a Tentative Parcel Map to subdivide one lot totaling 2.01 acres into two parcels; 1.01 acres and 1.00 acres each (all lot areas are gross area); and, WHEREAS, the proposed project has a General Plan Designation of Single Family Residential (SFR) 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, minimum lot size of 1.0 acre, which allows for the proposed use and density when certain findings are made; and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2002- 0036 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 October 15, 2002 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 2002-0036 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. Findin s 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 installation of a standard street, either alone or in conjunction with neighboring properties is not feasible. 11. The flag lot is justified by topographical conditions. 12. 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 2002-0029 to subdivide two one totaling 2.01 acre into two parcels; 1.01 acres, and 1.00 acres each, subject to the following Conditions and Exhibits: EXHIBIT A: Mitigated Negative Declaration EXHIBIT B: Conditions of Approval EXHIBIT C: Tentative Parcel Map 2002-0029 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: Commissioners Bentz, Eddings, Jones, Fonzi, Kelley, O'Malley, and Porter (7) NOES: None (0) ABSENT: None (0) ADOPTED: October 15, 2002 CITY OF ATASCADERO, CA David Bentz, Planni g C ission Chairperson ATTE Warren Frace, Planning Commission Secretary EXHIBIT B: Conditions of Approval Final Resolution PC 2002-0054 TPM 2002-0029 Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure 3650 Traffic WayPM: Parcel Map GP: Grading Permit PS: Planning g Services TPM 2002-0029 BP: Building Permit TO: Temporary Occupancy BS: Building Services FD: Fire Department F0: Final Occupancy PI: Public Improvements PD: Police Department CE: City Engineer WW: Wastewater CA CV Attorney AMWC: Atascadem Mutual Water Company Planning Services Standard Planning Conditions 1. The approval of this application shall become final, subject PM PS to the 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 PM PS years 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 PM PS authority 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 PM PS approved 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 Ongoing CA 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. 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 Specific Conditions-CEQA 7. The Building Permit for a single family residence shall comply with all applicable Air Pollution Control District regulations pertaining to the control of fugitive dust (PM -10) as contained in section 6.4 of the Air Quality Handbook. All Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure 3650 Traffic WayPM: Parcel Map GP: Grading Permit PS: Planning PS: Services TPM 2002-0029 BP. Building Pemut TO: Temporary Occupancy BS: Building Services FD: Fire Department F0: Final Occupancy PI: Pudic Improvements PD: Police Department CE: City Engineer WW: Wastewater CA City Attomey AMWC: Atascadero Mutual Water Company site grading and demolition plans shall list the regulations. 8. Percolation tests are required in the City of Atascadero before building permits for residences can be issued. 9. A soils report shall be required to be submitted with a future 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. 10. All construction activities shall comply with the City of Atascadero Noise Ordinance for hours of operation. Engineering Standard Conditions 11. In the event that the applicant is allowed to bond for any BP CE public improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 12. An engineer's estimate of probable cost shall be submitted PM CE for review and approval by the City Engineer to determine the amount of the bond. 13. The Subdivision Improvement Agreement shall record PM CE concurrently with the Final Map. 14. All public improvements shall be constructed in conformance BP / PM CE with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 15. The applicant shall enter into a Plan Check/inspection BP CE agreement with the City. 16. Drainage easements shall be provided as needed to BP CE accommodate both public and private drainage facilities. 17. The applicant shall be responsible for the relocation and/or BP CE alteration of existing utilities. 18. Drainage shall cross lot lines only where a drainage BP CE easement has been provided. Drainage from off-site areas shall be conveyed across the project site in drainage easements. Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure 3650 Traffic Way PM: Parcel Map CP Grading Permit PS: Planning Services TPM 2002-0029 BP: Building Pennit TO: Temporary Occupancy BS: Building Services FD: Fire Department FC: Final Occupancy PI: Pubic Improvements PD: Police Department CE: City Engineer WW: Wastewater CA City Attorney AMWC: Atascadero Mutual Water Company 19. The applicant shall install all new utilities (water, gas, BP CE electric, cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement 20. The applicant shall monument all property corners for Ongoing CE construction control and shall promptly replace them if disturbed. 21. A preliminary subdivision guarantee shall be submitted for PM CE review in conjunction with the processing of the parcel map. 22. All existing and proposed utility, pipeline, open space, or PM CE 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. 23. Prior to recording the parcel map, the applicant shall submit PM CE a map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein shall be submitted for review and approval by the City in accordance with the Subdivision Map Act and the City's Subdivision Ordinance. 24. Prior to recording the parcel map, the applicant shall set PM CE monuments at all new property corners and a registered civil engineer or licensed land surveyor shall indicate, by certificate on the final 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. 25. Prior to the map being placed on the agenda for City Council PM CE acceptance, the map shall be signed by the City Engineer. 26. Prior to recording the parcel map, the applicant shall pay all PM CE outstanding plan check/inspection fees. 27. Prior to recording the parcel map, the applicant shall have PM CE 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 which indicates their review of the map. The letter shall identify any new easements which 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. 28. Upon recording the parcel map, the applicant shall provide PM CE the City with a black line clear Mylar (0.4 mil) copy and a Conditions of Approval / Mitigation Monitoring Program Timing Responsibility Mitigation /Monitoring Measure 3650 Traffic Way PM: Parcel Map GP: Grading Permit PS: Planning Services TPM 2002-0029 BP. Building Permit TO: Temporary Occupancy BS: Building Services FD: Fire Department F0: Final Occupancy PD: Police Department PI: Public Improvements CE: City Engineer. WW: Wastewater CA: City Attorney AMWC: Atascadero Mutual Wear Company blue line print of the recorded map. 29. Prior to the final inspection, the applicant shall submit a FO CE written certification from a registered civil engineer or land surveyor that all survey monuments have been set as shown on the final map. 30. Prior to the final inspection, the applicant shall submit a FO CE written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans. 31. Prior to recording the parcel map, the applicant shall PM CE complete all improvements required by these conditions of approval. 32. Prior to issuance of building permits, the applicant shall BP CE submit a grading and drainage plan incorporating erosion control, prepared by a registered civil engineer for review and approval by the City Engineer. Building /Fire Marshal: Atascadero Mutual Water Company: EXHIBIT C: Approved Tentative Parcel Map Draft Resolution PC 2002-0054 TPM 220-0029 .1if$fetim m rtA $ 11Yp'�y • W: •Vt.M' Y li 8 Q m 0"1, a Q TS74 iQV +uw\� V• O N j Gr1i rn 0 � b< y lei V). "Roo M Nog m 52gn, Z a - q li 8 Q m 0"1, 0 � b< y lei V). "Roo M Nog m 52gn, Z a - q