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HomeMy WebLinkAboutPC Resolution 2024-0007PC RESOLUTION 2024-0007 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING TENTATIVE PARCEL MAP AT 24-0002 (SBDV24-0015) FOR A THREE LOT SUBDIVISION PURSUANT TO STATE LAW GOVERNING SMALL HOME LOT DEVELOPMENTS (GOV'T CODE SECTION § 66499.40) AND TO ALLOW A FLAG LOT SUBDVISION Condor Enterprises, LLC 7685 Santa Ynez Avenue, APN 031-152-021 WHEREAS, an application has been received from Condor Enterprises, LLC, 14002 San Antonio Rd, Atascadero, CA 93422, (Applicant/ Owner) to consider Tentative Parcel Map AT 24- 0002 (SBDV 24-00015) to allow a three -parcel, deep lot subdivision, including a flag lot, of a 0.32 -ac property at 7685 Santa Ynez Avenue, Atascadero, CA 93422 (APN 031-152-021); and WHEREAS, the site has a General Plan Designation of Medium Density Residential; and WHEREAS, the site is in the Residential Multifamily, 10 dwelling unit per acre (RMF - 10) zoning district; and WHEREAS, the application is submitted as a Small Home Lot Development consistent with the criteria of the Starter Home Revitalization Act of 2021 (Gov. Code § 66499.40) as approved by Assembly Bill 803 and made effective January 1, 2022; 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 Tentative Parcel Map 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 Tentative Parcel Map; and NOW, THEREFORE, the Planning Commission of the City of Atascadero, California hereby finds, resolves and determines as follows: SECTION 1. Recitals: The above recitals are true and correct and incorponited herein as if set forth in full. SECTION 2. Public Hearings. The Planning Commission held a duly noticed public hearing to consider the project on April 16, 2024 and considered testimony and reports from staff, the applicants, and the public. SECTION 3. Findingspproval of Tentative Parcel Map. The Planning Commission finds as follows: Subdivision Map Act Findings (Government Code §§ 66474(a) -(g)) 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan and applicable Specific Plans. Fact: The subject property is designated Medium Density Residential and is zoned RMF -10. The proposed lot will continue to allow the residential uses permitted anticipated by the General Plan and permitted by the zone. The subject property is not within a specific plan area. 2. The site is physically suitable for the type of development. Fact: The subject property is a flat lot in a developed residential neighborhood with sufficient space to provide necessary access and services for new residential uses. 3. The site is physically suitable for the proposed density of development. Fact: The subject property is a 13,895 SF lot zoned RMF -10. As existing, the site can be developed with three units without any foreseeable physical constraints that would prohibit the ability to meet local development standards. 4. 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. Fact: The project is a subdivision of a semi -developed multifamily lot in a predominantly developed residential neighborhood. The vacant areas of the lot consist of significantly disturbed dirt, gravel and grass which have minimal habitat value for any protected flora or fauna. 5. The design of the subdivision or the type of improvements will not cause serious health problems. Fact: Standard frontage improvements are conditioned to be completed the time of development to address drainage and improve on street parking. A condition of approval is included with the project that is intended to create a single point of vehicular access for Parcels 2 & 3 in order to reduce potential traffic safety conflicts by limiting access to a single driveway entry for both properties. 6. The design of the subdivision will not conflict with easements, acquired by the public at large, for access through or use of property within the proposed subdivision. Fact: No access easements presently exist on the subject property. A new access easement will be established on Parcel 2 in favor of Parcel 3 to secure safe access through a single driveway for both properties. Small Home Lot Development Findings (Gov. Code § 66499.40(g)(1)-(4)) 7. The small lot development meets all of the requirements of Gov. Code § 66499.40. Fact: The proposed subdivision meets the defining criteria of a "Small Home Lot Development" and will be conditioned to ensure that all future single-family development complies with standards set forth by Gov. Code § 66499.40. 8. The small lot development complies with all requirements of the Subdivision Map Act that are not in conflict with Gov. Code § 66499.40. Fact: The proposed project complies with all provisions of the Subdivision Map Act as well as local subdivision requirements, including the specific requirements for Small Home Lot Developments in Gov. Code § 66499.40. All findings of approval applicable to tentative parcel maps are made as listed in discussed in this resolution 9. The small lot development complies with all local general plan, zoning, subdivision, and design standards that are not in conflict with Gov. Code § 66499.40. Fact: The proposed project complies with the City's general plan policies aof the Medium Density Residential land use designation as well as the applicable zoning provisions of the RMF -10 zone and local city subdivision standards. 10. The small lot development would have no specific, adverse impact upon the public health or safety. As used in this finding, a "specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact based on objective, identified written public health or safety standards, policies, or conditions, as they existed on the date the application was deemed complete. Fact: There are no foreseeable adverse, specific impacts associated with the subdivision or future development of this property. The subdivision VA allow for a density of three dwellings on the project site, which is equivalent to that of the original parcel. Flag Lot Findings (AMC § I1-6.26) 11. The subdivision is consistent with the character of the immediate neighborhood. Fact: The subject property is located along the boundary of the single family and multifamily zone. The nature of the development is such that each newparcel would have the same development potential as a single-family parcel, and the maximum density would be the same as that of the original lot. 12. The installation of a standard street, either alone or in conjunction with neighboring properties is not feasible. Fact: The size of the project cannot accommodate a standard street while retaining reasonably buildable lots due to the small lot nature of the subdivision. 13. The flag lot is justified by topographical conditions. Fact: The project site is topographically well-suited to accommodate a flag lot because the property is flat without constraints that would prevent the use or improvement of proposed 20' access way for driveway or utility purposes consistent with City standards. SECTION 4. CEQA. The project is exempt from the California Environmental Quality Act (CEQA), under Categorical Exemption § 15315, Class 15: Minor Land Divisions as identified in the attached Notice of Exemption. SECTION 5. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on April 16, 2024, resolves to approve Tentative Parcel Map AT 24-0002 (SBDV 24-0015), subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Tentative Parcel Map EXHIBIT C: Notice of Exemption On motion by Commissioner Carranza and seconded by Commissioner Hughes the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: Anderson, Carranza, Heath, Hughes, Schmidt, van den Eikhof, Keen (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) ADOPTED: April 16, 2024 CITY .OF ATASCADERO, CA Tori Keen Planning Commission Chairperson Attest: Phil Dunsmore Planning Commission Secretary Exhibit A: Conditions of Approval SDBV24-0015 Conditions of Approval Timing Resiomibility SBDV 24-0015 /Morioring Tentative Parcel Map 240002 BL: Business License PS: * Services BS: Buil* Services Condor Enterprises TPM GP: Grading Pemut BP: Building Penn FD: Fire Department PD: Polios Departinent FI: Final Inspection CE: Cy Engineer APN 031-152-021 TO: Temporary Occupancy FO: Final Occupancy WW: Wastewater CA City Abney PLANNING DIVISION 1. This approval is for Tentative Parcel Map 24-0002 (SBDV24-0015) Ongoing PS as depicted and described on the attached exhibits allows for the subdivision of APN 031-152-021 into a total of three legal lots under the small home lot development provisions of the Gov. Code § 66499.40. The approval of these entitlements project runs with the land, regardless of the owner. 2. The approval of these entitlements shall become final and effective Ongoing PS for the purposes of issuing building permits the day after the Planning Commission hearing unless an appeal is made in accordance with the Atascadero Municipal Code. 3. In accordance with the Atascadero Municipal Code section 9-8.105, Ongoing Ongoing any violation of any of the conditions of approval may be cause for revocation of this entitlement and subject the applicant and/or future property owners to the penalties set for in the Atascadero Municipal Code, as well as any other available legal remedies. 4. The Community Development Director and/or City Engineer shall BP / FM PS, CE have the authority to make modifications to the final map that remain in substantial conformance with the approved Tentative Map. 5. Approval of these entitlements shall be valid for twenty-four (24) BP / FM PS months after its effective date. At the end of the period, the approval shall expire and become null and void unless the project has received a final map, or a time extension has been granted, consistent with the Atascadero Municipal Code. 6. A final map drawn in substantial conformance with the approved FM PSiCE 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. 7. The applicant shall defend, indemnify, and hold harmless the City of Ongoing PS 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. 8. All subsequent Tentative Map and construction permits shall be BP / FM PS, CE consistent with the Master Plan of Development approved for the project, or as further specified by the conditions herein. 9. The subdivision shall be subject to additional fees for park or BP PS recreation purposes (QUIMBY Act) as required by City Ordinance. Conditions of Approval Timing Responsibility SBDV 24-0015 i /Monitoring Tentative Parcel Map 24-0002 BL: Business License PS: Planning Services BS: Building Services Condor Enterprises TPM GP: Grading Permit FD: Fire Department BP: Building Permit PD: Police Department FI: Final Inspection CE: City Engineer APN 031-152-021 TO: Temporary Occupancy F0: Final Occupancy Wwastewater CA City Attorney 10. A shared access and utility easement shall be recorded over the 20' FM PS, CE accessway on Parcel 2 in favor of Parcel 3. An easement agreement shall be recorded concurrently with the map which shall detail and govern nature of the easement, rights of the users, and maintenance responsibilities. 11. An access restriction shall be recorded on the face of the map for FM, BP PS Parcel 3 along the Navajoa Avenue frontage. All vehicular access shall occur from the shared access and utilities easement on Parcel 2 in favor of Parcel 3. 12. This subdivision shall be developed with a single-family dwelling as FM PS prescribed by Gov. Code § 66499.40, as approved by Assembly Bill 803 and made effective January 1, 2022. A deed covenant shall be recorded concurrent with recordation of the final map stating that the maximum floor area of any single-family residences on the resulting lots (Parcel 1, 2 and 3) shall not exceed 1,750 SF, or as otherwise permitted for consistency in accordance with Gov. Code § 66499.40. The deed covenant shall specify other provisions and restrictions of State law as necessary to convey future development requirements, including that the site complies with the external site front, side and rear setback requirements and that proposed units comply with existing height limitations, if applicable. 13. The design of a single-family residence on Parcel 3 shall have a front FM, BP PS building facade that faces Navajoa Avenue. This shall be included in the deed covenant. PUBLIC WORKS DEPARTMENT Utilities 14. Each lot shall be served with separate services for water, sewer, gas, BP CE power, telephone and cable TV. Frontage Improvements 15. A "Covenant of Installation of Public Improvements" shall be required BP CE to be recorded concurrently with the Final Map. The document shall require frontage improvements and timing in accordance with the improvement deferral provisions of the Subdivision Map Act for parcel maps. The required improvements will include road widening, curb and gutter, and any associated improvements, or a variation approved by the City Engineer. 16. All public improvements shall be constructed in conformance with BP, GP CE the City of Atascadero Engineering Department Standard Specifications and Drawings. Public Improvement Plans shall be submitted to the Public Works department for review and approval. Conditions of Approval Timing Responibility SBDV 240015 /Monbring Tentative Parcel Ma 24-0002 Map BL: Business License PS: Plar®g Services BS: Buildq Services Condor Enterprises TPM GP: Gracing Permit FD: Fire- Department BP: Building Permit PD: Police Department FI: Final Inspection CE: Cj Engineer APN 031-152-021 TO: Temporary Occupancy F0: Final Occupancy WW: Wastewater CA C4Aymey 17. Prior to the final Public Works inspection of the first parcel to BP, GP CE develop which takes access off Navajoa Avenue (Parcel 2 or 3), the applicant shall submit a written certification from a registered civil engineer or land surveyor that all survey monuments have been set as shown on the final map. Standard Conditions 18. Documents that the City of Atascadero requires to be recorded FM CE 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. 19. The City of Atascadero may require an additional map sheet for FM CE information purposes in accordance with the Subdivision Map Act. 20. The applicant shall be responsible for the relocation and/or BP, GP CE alteration of existing utilities. 21. All utilities (water, sewer, gas, electric, cable TV and telephone) BP, GP CE shall be placed underground. Utilities shall be designed in a manner to accommodate future extensions or connection where feasible or required by the City. 22. Prior to recording the parcel map, the applicant shall have the FM CE map reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, sewer (City), water (Atascadero Mutual Water Company)). The applicant shall obtain a letter from each utility company indicating their review of the map. The letter shall identify any new easements that may be required by the utility company. A copy of the letters shall be submitted to the City. New easements shall be shown on the map. EXHIBIT B: Tentative Parcel Map SBDV24-0015 See Following a (/ zP�€ aCa A� sg dsi � Er a;aa �� Wm o��s asi a x ra a `� 84 - 4 pu_9 EXHIBIT C: Notice of Exemption SBDV24-0015 ITEM 2 04/02/2024 TPM AT 24-0002 SBDV24-0015 CITY OF ATASCADERO NOTICE OF EXEMPTION 6500 Palma Avenue Atascadero, CA 93422 805.461.5000 Date Received Stamp TO: ® Clerk -Recorder Office County of San Luis Obispo 1055 Monterey Street Suite D120 San Luis Obispo, CA 93408 '. ® Office of Planning and Research P.O. Box 3044, Room 113 Sacramento, CA 95812-3044 ' r FROM: City of Atascadero Community Development Department -------------------------------------------- 6500 -•-.-.-.-.-.-.---•-•- -•----- -6500 Palma Avenue Atascadero, CA 93422 SUBJECT: Filing of Notice of Exemption in Compliance with Sections 15062 and 21152 of the Public Resources Code Project Title: SBDV24-0015 — Tentative Parcel Map AT 24-0002 Project Applicant: Condor Enterprises, LLC, 14002 San Anselmo Rd., Atascadero, CA 93422; kwmcgurty@icloud.com; (805) 440-0285 Project Location: 7685 Santa Ynez Avenue, Atascadero, CA 93422 (APN 131-152-021) Project Description: Tentative Parcel Map for a three -lot subdivision of a 0.32 -acre lot zoned RMF -10 pursuant to the provisions for small home lot developments of the Starter Home Revitalization Act of 2021 (Cal. Gov. Code § 66499.40). The resulting Parcels, 1, 2, and 3 will be 5,319 SF, 3,642 SF, and 3,252 SF, respectively. Access to Parcel 1 will continue to be from Santa Ynez Avenue. Parcels 2 and 3 will be in a flag lot configuration with shared access proposed from Navajoa Avenue via a 20' access easement. Name of Public AgencyApproving Project: City of Atascadero Name of Person or Agency Carrying Out Project: Condor Enterprises, LLC CITY OF ATASCADER.0 NOTICE OF EXEMPTION Page 2 of 2 Exempt Status: ❑ Ministerial (Sec. 15268); ❑ General Rule Exemption (Sec. 15061. c); ❑ Declared Emergency (Sec. 15269(a)); ® Categorically Exempt (Sec. 15301 - 15333); ❑ Emergency Project (Sec. 15269(b)(c)); ❑ Statutory Exemption (Sec. 15261 - 15285) Reasons why the project is exempt: The project is exempt from environmental review pursuant to pursuant to CEQA Guidelines Section 15315 (Minor Land Divisions). The subject property in urbanized areas zoned for residential use and will be subdivided into a total of three parcels. The project is in conformance the Atascadero General Plan and Zoning Ordinance, and all provisions of state law that otherwise override local requirements. The new parcels will continue to have access at their respective street frontage to all necessary services and utilities. The property has not been involved in the subdivision of a larger parcel Within the previous 2 years. The parcel does not have an average slope greater than 20 percent. Lead Agency Contact Person: Erick Gomez, Planner (805) 470-3436 egomez@atascadero.org Date Exemption Accepted. 4/16/2024 03/08/2024 Page 2 of 2