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HomeMy WebLinkAboutPC_2005-03-01_AgendaPacketCALL TO ORDER CITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting March 1, 2005 — 7:00 P.M. City of Atascadero Pavilion on the Lake 9315 Pismo Ave. - Atascadero, California Pledge of Allegiance Roll Call: Chairperson Porter Vice Chairperson Beraud Commissioner Fonzi Commissioner Jones Commissioner Kelley Commissioner O'Keefe Commissioner Peterson APPROVAL OF AGENDA PUBLIC COMMENT (This portion of the meeting is reserved for persons wishing to address the Commission on any matter not on this agenda and over which the Commission has jurisdiction. Speakers are limited to five minutes. Please state your name and address for the record before making your presentation. The Commission may take action to direct the staff to place a matter of business on a future agenda) CONSENT CALENDAR (All items on the consent calendar are considered to be routine and non -controversial by City Staff and will be approved by one motion if no member of the Commission or public wishes to comment or ask questions) 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON FEBRUARY 15, 2005. City of Atascadero Planning Commission Agenda COMMUNITY DEVELOPMENT STAFF REPORTS PUBLIC HEARINGS Regular Meeting March 1, 2005 Page 2 of 4 (For each of the following items, the public will be given an opportunity to speak. After a staff report, the Chair will open the public hearing and invite the applicant or applicant's representative to make any comments. Members of the public will be invited to provide testimony to the Commission following the applicant. Speakers should state their name and address for the record and can address the Commission for five minutes. After all public comments have been received, the public hearing will be closed, and the Commission will discuss the item and take appropriate action(s).) 2. ZONE CHANGE 2005-0096: CITY CODE TEXT CHANGE FOR PD Applicant: City of Atascadero, 6905 El Camino Real, Suite 6, Atascadero, CA 93422 Project Title: Zone Change 2005-0096 Project Lots bordering Seperado Avenue from Tract 2317 Location: APN 031-222-099 (San Luis Obispo County) Project The proposed Text Amendment will prohibit lots created by Tract 2317 that border Seperado Avenue Description: from obtaining ingress and egress on Seperado Avenue. General Plan Designation: Single Family Residential - X (SFR -X) Zoning District: Residential Single Family (RSF-X)/Planned Development #15 Proposed Class 1 of the California Environmental Quality Act (CEQA) (Section 15301) exempts alterations or Environmental In substantial conformance with Certified Mitigated Negative Declaration #99029 Determination: 3. TENTATIVE TRACT MAP 2004-0063: 8320 SANTA YNEZ AVE. Applicant: Cary and Monica Bennett, 8320 Santa Ynez, Atascadero, CA 93422 Project Title: Tentative Tract Map 2004-0063 Project 8320 Santa Ynez Ave., Atascadero, CA 93422 Location: APN 031-222-099 (San Luis Obispo County) Project The project consists of a request to establish four airspace condominium units over an existing lot of Description: record. Three units are currently under construction. There is an existing unit on the property. General Plan Designation: Multi Family Residential - 10 (RMF -10) Zoning District: Medium Density Residential (MDR) Proposed Class 1 of the California Environmental Quality Act (CEQA) (Section 15301) exempts alterations or Environmental conversions of existing facilities which create no or negligible expansions of use. Determination: City of Atascadero Planning Commission Agenda Regular Meeting March 1, 2005 Page 3 of 4 COMMISSIONER COMMENTS AND REPORTS DIRECTOR'S REPORT ADJOURNMENT The next regular meeting of the Planning Commission will be on March 15, 2005, at the Pavilion on the Lake, 9315 Pismo Avenue, Atascadero. Please note: Should anyone challenge in court any proposed development entitlement listed on this Agenda, that person may be limited to raising those issues addressed at the public hearing described in this notice or in written correspondence delivered to the Planning Commission at, or prior to this public hearing. XityhaMcdvlpmnh - PC AgendasIPC 20051PC Agenda. 3-1-05. word. am. doc City of Atascadero Planning Commission Agenda Regular Meeting March 1, 2005 Page 4 of 4 City of Atascadero WELCOME TO THE A TASCADERO PLANNING COMMISSION MEETING The Planning Commission meets in regular session on the first and third Tuesday of each month at 7:00 p.m., at the Pavilion on the Lake, 9315 Pismo Ave., Atascadero. Matters are considered by the Commission in the order of the printed Agenda. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the Community Development Department and are available for public inspection during City Hall Annex business hours at the Community Development counter and on our website, www.atascadero.org. An agenda packet is also available for public review at the Atascadero Library, 6850 Morro Road. All documents submitted by the public during Commission meetings that are either read into the record or referred to in their statement will be noted in the minutes and available for review in the Community Development Department. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager's Office, (805) 461-5000, or the City Clerk's Office, (805) 461-5000. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK ON AGENDA ITEMS Members of the audience may speak on any item on the agenda. The Chairperson will identify the subject, staff will give their report, and the Commission will ask questions of staff. The Chairperson will announce when the public comment period is open and will request anyone interested to address the Commission regarding the matter being considered to step up to the podium. If you wish to speak for, against or comment in any way: • You must approach the podium and be recognized by the Chairperson • Give your name and address (not required) • Make your statement • All comments should be made to the Chairperson and Commission • All comments limited to 5 minutes (unless changed by the Commission) • No one may speak for a second time until everyone wishing to speak has had an opportunity to do so, and no one may speak more than twice on any item. If you wish to use a computer presentation to support your comments, you must notify the Community Development Department at least 24 hours prior to the meeting. Access to hook up your laptop to the City's projector will be provided. You are required to submit to the Recording Secretary a printed copy of your presentation for the record. Please check in with the Chairperson before the meeting begins to announce your presence and turn in the printed copy. The Chairperson will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Council. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, "PUBLIC HEARINGS", the Chairperson will call for anyone from the audience having business with the Commission to: • Please approach the podium and be recognized • Give your name and address (not required) • State the nature of your business This is the time items not on the Agenda may be brought to the Commission's attention. A maximum of 30 minutes will be allowed for Community Forum (unless changed by the Commission). CALL TO ORDER ITEM NUMBER: 1 DATE: 3-1-05 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting February 15, 2005 — 7:00 P.M. Chairperson Kelley called the meeting to order at 7:00 p.m. and Commissioner O'Keefe led the Pledge of Allegiance. ROLL CALL Present: Commissioners Beraud, Fonzi, Jones, O'Keefe, Peterson, Porter and Chairperson Kelley Absent: None Staff Present: Community Development Director Warren Frace, Deputy Community Development Director Steve McHarris, Deputy Public Works Director Jeff van den Eikhof and Recording Secretary Grace Pucci. APPROVAL OF AGENDA MOTION: By Commissioner Fonzi and seconded by Commissioner Peterson to approve the agenda. Motion passed 7:0 by a roll -call vote. PLANNING COMMISSION BUSINESS A. ELECTION OF NEW CHAIR AND VICE -CHAIR MOTION: By Chairperson Kelley and seconded by Commissioner Fonzi to nominate Vice Chairperson Porter to the position of Chairperson. Motion passed 7:0 by a roll -call vote. PC Draft Minutes 02/15/05 Page 1 of 4 MOTION: By Commissioner Fonzi to nominate Commissioner O'Keefe to the position of Vice Chairperson Commissioner O'Keefe declined the nomination. MOTION: By Commissioner Fonzi and seconded by Commissioner Peterson to nominate Commissioner Beraud to the position of Vice Chairperson. Motion passed 7:0 by a roll -call vote. PUBLIC COMMENT - None CONSENT CALENDAR 1. APPROVAL OF MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON FEBRUARY 1, 2005. MOTION: By Commissioner O'Keefe and seconded by Commissioner Jones to approve Item #1. Motion passed 6:0 by a roll -call vote. (Porter abstained) COMMUNITY DEVELOPMENT STAFF REPORTS PUBLIC HEARINGS 2. ZONE CHANGE 2004-0090, CONDITIONAL USE PERMIT 2004-0138, TENTATIVE PARCEL MAP 2004-0066 Applicant: Aaron Gannage P.O. Box 6411 Los Osos, CA 93412 Project Title: Zone Change 2004-0090, Conditional Use Permit 2004-0138, Tentative Parcel Map 2004-0066 Project 7392 Santa Ysabel, Atascadero, CA 93422 Location: APN 030-121-026 Project The project consists of an application to subdivide the subject property in order to create four Description: individual lots with a Planned Development Overlay Zone #7. Lots range from 2,745 square feet to 4,552 square feet and proposed residential units range from 800 to 1200 square feet. An existing residence will also be demolished. No native trees are proposed for removal and the project will take access from Santa Ysabel Avenue. General Plan Designation: High Density Residential (HDR) Zoning District: Residential Multifamily -16 (RMF -16) Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration is proposed. The Environmental certified Mitigated Negative Declaration is available for public review from 1/18/05 through 2/7/05 at Determination: 6905 El Camino Real, Suite 6, Community Development Department from 8:00 a.m. to 5:00 p.m., Monday through Friday. PC Draft Minutes 02/15/05 Page 2 of 4 Deputy Community Development Director Steve McHarris gave the staff report and answered questions of the Commission. PUBLIC COMMENT Patrick Kennedy, owner, spoke about the project and answered questions of the Commission. Aaron Grannage, applicant and representative, answered questions of the Commission. Chairperson Porter closed the Public Comment period. MOTION: By Commissioner Kelley and seconded by Commissioner O'Keefe to adopt Resolution PC 2005-0013 recommending that the City Council certify Proposed Mitigated Negative Declaration 2004-0043; and, adopt Resolution PC 2005-0014 recommending that the City Council introduce an ordinance for first reading to approve Zone Change 2004-0090 based on findings; and, adopt Resolution PC 2005-0015 recommending that the City Council approve Conditional Use Permit 2004- 0138 to include the Master Plan of Development (EXHIBIT B) based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, adopt Resolution PC 2005-0016 recommending the City Council approve Vesting Tentative Parcel Map 2004-0066 based on findings and subject to Conditions of Approval and Mitigation Monitoring; and, incorporate into the conditions the use of fruitless olive trees as an alternative use, and include a concrete block wall between the commercial property and applicant's property, and shade elements over the windows. Motion passed 7:0 by a roll -call vote. COMMISSIONER COMMENTS AND REPORTS Commissioner Jones suggested in future for south and western elevations that staff could recommend windows with a high solar heat gain value as an alternative to shade. Commissioner Kelley questioned whether staff could prevent a project from coming before the Commission until a complete package is received from the applicant. Vice Chairperson Beraud spoke about "Community 2050" presented by SLOCOG, which she had attended. Commissioner Fonzi asked if the Commission could participate in the walk through the downtown that the City Council will be attending on Friday. Community Development PC Draft Minutes 02/15/05 Page 3 of 4 Director Warren Frace responded that the Commission is invited along with the general public and explained the details for the day. Commissioner Jones complimented the Commissioners who worked on the Carlton Hotel project and asked about the housing inventory report. Director Frace stated staff is working on pulling all the numbers together and hope to release the report in March. DIRECTOR'S REPORT Director Frace reviewed the agenda for the next Planning Commission meeting, and updated the Commission on projects they had approved in the past. ADJOURNMENT Chairperson Porter adjourned the meeting at 7:56 p.m. to the next regularly scheduled meeting of the Planning Commission on March 1, 2005. MEETING RECORDED AND MINUTES PREPARED BY: Grace Pucci, Recording Secretary \\Cityhall\cdvlpmnt\— PC Minutes\PC Minutes 05\PC Draft Minutes 2-15-05.gp.doc PC Draft Minutes 02/15/05 Page 4 of 4 ITEM NUMBER: 2 DATE: 3-1-05 Atascadero Planning Commission Staff Report — Community Development Department Planned Development 15 Text Amendment Zone Change 2005-0096 (City of Atascadero) SUBJECT: A proposed Planned Development -15 Zone Text Amendment to prohibit lots created by Tract 2317 that border Seperado Avenue ingress and egress on Seperado Avenue (with the exception of lot #30 and lot #10). RECOMMENDATION: Staff Recommends: 1. The Planning Commission adopt Resolution PC 2005-0021, recommending that the City Council introduce an ordinance for first reading, by title only, to approve Zone Change 2005-0096 based on findings. SITUATION AND FACTS: 1. Applicant: 2. General Plan Designation 3. Zoning District: 4. Environmental Status DISCUSSION: Background City of Atascadero Single Family Residential - X (SFR -X) Residential Single Family - X (RSF-X)/ PD -15 In substantial conformance with Certified Mitigated Negative Declaration #99029. On January 25, 2005, staff received direction from City Council to initiate a text amendment to the Planned Development #15 (PD -15) Overlay Zone. The request stems from discussion over appealed Tree Removal Permit #2004-054 that included access from Seperado Avenue for a new single family residence in place of the recorded flag lot from ITEM NUMBER: 2 DATE: 3-1-05 Traffic Way (Attachment 1). The City Council upheld the tree removal request allowing access from Seperado Avenue, subject to conditions requiring improvements to Seperado Avenue. Upon approval of the tree removal request, City Council requested staff bring forward an amendment to the PD -15 Overlay Zone that would prohibit any additional lots from obtaining access off of Seperado Avenue. Analysis According to the Atascadero Municipal Code 7-12.102 Definitions, a driveway is defined as follows: (i) "Driveway" means that point of vehicular ingress or egress to private property where it meets the prescribed or legal public right-of-way and shall include, but not be limited to, that portion of the right-of-way between the private property line and curb, or between the private property line and the right-of-way pavement if no curb exists. The Text Amendment to PD -15 will prohibit lots in Tract 2317 that border Seperado Avenue from taking driveway access onto Seperado Avenue with the exception of Lot #30, APN#049-033-010, and Lot #10, APN#049-033-049 (Attachment 1). All other lots created by Tract 2317/PD-15 will provide driveway access from their respective frontage roads. The exception applied to lot 10 and 30 will be limited to a single driveway for the use of the primary residence. Secondary driveways such as those serving a workshop or other accessory use will not be permitted. Environmental Determination The Text Amendment, as proposed, is in substantial conformance with the original Mitigated Negative Declaration approved for Planned Development #15 (Attachment 3). With the exception of Lot #30 and #10, all lots created by Tract 2317 will access their respective site as provided by the building location (Attachment 2). Summary The Text Amendment is proposed as underlined: 9-3.660 Establishment of Planned Development Overlay Zone No. 15: (PD1 5). Planned Development Overlay Zone No. 15 is established as shown on the official zoning map (Section 9-1.102). All development within the district shall be in conformance with the development standards and established herein: (a) Purpose. The purpose of the district is to allow the creative clustering of residential parcels to preserve sensitive environmental features and provide common open space by allowing lot size smaller than the underlying zone's minimum. ITEM NUMBER: DATE: 3-1-05 (b) Development Standards. (1) The maximum density shall not exceed two (2) dwelling units for each gross acre of land. Individual lot sizes may be smaller provided the overall project density conforms to the specified maximum density. (2) Individual lot sizes shall be established in conjunction with a Tentative Tract Map and shall not be required to comply with the minimum lot size criteria for the Residential Single -Family one-half ('/2) Acre Minimum District (RSF-X), provided the overall density conforms to the specified maximum density. (3) City sewer service and water service from the Atascadero Mutual Water Company shall be provided to all residential lots. (4) In no case shall a residential lot size be less than one-quarter ('/4) acre, nor exceed a three -to -one (3:1) depth -to -width ratio. (5) A master plan of development shall be approved in conjunction with any Tentative Tract Map application. All subdivision improvements and subsequent development shall be consistent with the master plan of development. The master plan of development shall contain the following: (i) A site plan indicating land use, common open space, circulation, lot sizes, slopes, native trees and common landscape features; (ii) A statistical summary of the projects land uses and densities; (iii) A statement of project features that will provide a public benefit; (iv) Any special development standards that will be required of future development; (v) Individual building plans and elevations are not required. (6) Access. No lot shall take access from Seperado Avenue with exception to Lot 10 and Lot 30 to serve the orimary residence. Secondary driveways on Lot 10 and 30 are prohibited. ALTERNATIVES: 1. The Planning Commission may recommend medications to the proposed text amendment. 2. The Planning Commission may recommend denial of the proposed text amendment. 3. The Planning Commission may continue the hearing and refer the proposed text amendment back to staff for further analysis. PREPARED BY: Lisa Wilkinson, Assistant Planner ATTACHMENTS: Attachment 1: Tract 2317 - Lot 10 and 30 Attachment 2: Vicinity Map Attachment 3: Mitigated Negative Declaration #99029 Attachment 4: Draft Planning Commission Resolution 2005-0021 ITEM NUMBER: 2 DATE: 3-1-05 Attachment 1: Tract 2317 - Lot 10 and 30 w 1� 4 S• •� � �1V.ep�'w1"�wll * _ "�_-��...._—� = �- -fir � _ _ _ — — _ _ y e 4 a a C) — _- Figure 1: PD -15 Site Plan Lot 10 ;yC 3Q / /�— _ _ '— 777AFFIC \� o z„o>•�//��+^h� n/a _ ___.._.. / LOT 40 1.11 Al, wqy LOT 28 iiw:i INDER w � LOT 25 � 8 27 L i tOT29re ac �� / N� LOT 31 27,1355F LOTH s� u�„ is' w,oc weuc i no x. n"Se` se.,ert e i o , LOT 31) I�EM� i je— Figure 2: PD -15 Tract Map'0000SEPERADO AVENUE Lot 30 SPRR /LOT 39 LOT 32 LOT 33 LOT 34 Attachment 2: Vicinity A4. ITEM NUMBER: 2 DATE: 3-1-05 PD-15/Tract 2317 that border Seperado Avenue Lots to driveway ingress/egress on Seperado Avenue Attachment 3: Mitigated Negative Declaration #99029 (See following) Attachment 4: Draft Resolution PC 2005-0021 DRAFT RESOLUTION PC 2005-0021 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE ZONE CHANGE 2005-0096 TO MUNICIPAL CODE SECTION 9-3.660 THEREBY PROHIBITTING INGRESS AND EGRESS ONTO SEPERADO AVENUE WITH THE EXCEPTION OF LOT #10 AND LOT #30. (City of Atascadero) WHEREAS, an application has been initiated by the City of Atascadero (6905 El Camino Real, Suite 6, Atascadero, CA 93422), to consider a zone text amendment to Planned Development Overlay Zone #15; and, WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact this amendment to the Zoning Ordinance to protect the health, safety and welfare of its citizens by applying orderly development of the City; and, WHEREAS, the Planning Commission has determined that the text amendment is in substantial conformance to Mitigated Negative Declaration #99029, as prepared in accordance with the State and local guidelines for implementation of the California Environmental Quality Act (CEQA); and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Change 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 zone text amendment; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on March 1, 2005, studied and considered Zone Change 2005-0096; and, NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings for Substantial Conformance to Mitigated Negative Declaration #99029. The Planning Commission finds as follows: 1. The proposed text amendment and any subsequent effects on the subject parcels are in substantial conformance to the certified Mitigated Negative Declaration (MND #99029). SECTION 2. Findings for Approval of Zone Text Change 2005-0096. The Planning Commission finds as follows: 1. The zone change is consistent with General Plan policies and all other applicable ordinances and policies of the City. 2. Amendment of the zoning ordinance will provide for the orderly and efficient use of lands where such development standards are applicable. 3. The zone change will not, in itself, result in significant environmental impacts. SECTION 3. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on March 1, 2005, resolved to recommend that the City Council introduce for first reading, by title only, an ordinance that would amend the zoning ordinance text as follows: 9-3.660 Establishment of Planned Development Overlay Zone No. 15: (PD15). Planned Development Overlay Zone No. 15 is established as shown on the official zoning map (Section 9-1.102). All development within the district shall be in conformance with the development standards and established herein: (a) Purpose. The purpose of the district is to allow the creative clustering of residential parcels to preserve sensitive environmental features and provide common open space by allowing lot size smaller than the underlying zone's minimum. (b) Development Standards. (1) The maximum density shall not exceed two (2) dwelling units for each gross acre of land. Individual lot sizes may be smaller provided the overall project density conforms to the specified maximum density. (2) Individual lot sizes shall be established in conjunction with a Tentative Tract Map and shall not be required to comply with the minimum lot size criteria for the Residential Single -Family one-half ('/2) Acre Minimum District (RSF-X), provided the overall density conforms to the specified maximum density. (3) City sewer service and water service from the Atascadero Mutual Water Company shall be provided to all residential lots. (4) In no case shall a residential lot size be less than one-quarter (1/4) acre, nor exceed a three -to -one (3:1) depth -to -width ratio. (5) A master plan of development shall be approved in conjunction with any Tentative Tract Map application. All subdivision improvements and subsequent development shall be consistent with the master plan of development. The master plan of development shall contain the following: (i) A site plan indicating land use, common open space, circulation, lot sizes, slopes, native trees and common landscape features; (ii) A statistical summary of the projects land uses and densities; (iii) A statement of project features that will provide a public benefit; (iv) Any special development standards that will be required of future development; (v) Individual building plans and elevations are not required. (6) Access. No lot shall take access from Seperado Avenue with exception to Lot 10 and Lot 30 to serve the primary residence. Secondary driveways on Lot 10 and 30 are prohibited. BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Commissioner , and seconded by Commissioner the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAIN: ( ) ADOPTED: CITY OF ATASCADERO, CA Greg Porter Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary \\Cityha11\cdv1pmnt\- ZCH - Zone Change\ZC 05\ZCH 2005-0096.PC-SR.1w.doc ITEM NUMBER: 3 DATE: 3-1-05 Atascadero Planning Commission Staff Report - Community Development Department Tentative Tract Map 2004-0063 (8320 Santa Ynez Ave/ Bennett) SUBJECT: The proposed project consists of an application for a Tentative Tract Map to establish a four unit condominium development on an existing lot of record at 8320 Santa Ynez Avenue. RECOMMENDATION: Staff Recommends: 1. Adopt Resolution PC 2005-0023 approving Tentative Tract Map 2004-0063 to establish four (4) residential condominium units on an existing legal lot of record based on findings and subject to Conditions of Approval. SITUATION AND FACTS: 1. Applicant / Representative: Cary Bennett, 8320 Santa Ynez Avenue, Atascadero, CA 93422 2. Project Address: 8320 Santa Ynez Avenue, Atascadero, CA 93422 (San Luis Obispo County) APN 031-222-009 3. General Plan Designation: Medium Density Residential 4. Zoning District: Residential Multi -family -10 5. Site Area: 0.4 acres 6. Existing Use: Existing single family residence; residential multi -family units under construction. ITEM NUMBER: 3 DATE: 3-1-05 7. Environmental Status: Categorically Exempt: Class 1 of the California Environmental Quality Act (CEQA) Section 15301. Background: Surrounding Land Use and Setting The site is located in the RMF -10 zoning designations with the Atascadero Creek Reservation located west of the subject parcel. Commercial uses which front Highway 41 are located directly across from the subject site. North: Medium Density Residential South: Medium Density Residential East: General Commercial West: Open Space district adjacent to multi -family zoning RMF -10 rZ E r commercial r a° Condominium Design The zoning designation permits a maximum of ten (10) units per acre based on site characteristics and development standards for multi -family developments (AMC 9- 3.175). The site contains approximately 0.4 acres with less than 10% slope. Four dwelling units are the maximum permissible on lots with less that 10.99% average lot slope. In addition to the existing residence that fronts Santa Ynez Avenue, there are 3 residential units currently under construction and nearing completion. The multi -family development includes a duplex and a detached dwelling unit. Each unit contains 2 bedrooms and a single car garage with tandem driveway or adjacent uncovered parking spaces. A minimum 300 square feet of private open space is provided for each dwelling unit (Exhibit A). Public Improvements: City sewer will serve the property and water is available from the Atascadero Mutual Water Company. The project is conditioned to construct curb and gutter along the entire frontage (Exhibit B, condition #15). Sidewalks are not required for this project but are projected to be placed on the opposite side of Santa Ynez Avenue. Environmental Review: The project as proposed qualifies for a Class 1 Categorical exemption under the ITEM NUMBER: 3 DATE: 3-1-05 California Environmental Quality Act (CEQA) Section 15301 which exempts alterations or conversions of existing facilities which creates no or negligible expansions of use. CONCLUSIONS: The proposed condominium map, as conditioned, is consistent with the 2002 General Plan. The proposed subdivision is consistent with the General Plan Medium Density Residential land use designation and Residential Multi -family zoning regulations, based on development standards. Staff recommends the Planning Commission approve the Tentative Tract Map as conditioned. ALTERNATIVES: 1. The Commission may recommend modifications to the project and/or conditions of approval for the project. 2. The Commission may determine that more information is needed on some aspect of the project and may refer the item back to the applicant and staff for additional analysis. The Commission should clearly state the type of information that is required and move to continue the item to a future date. 3. The Commission may deny the project. The Commission should specify the reasons for denial of the project and make an associated finding with such action. PREPARED BY: Lisa Wilkinson, Assistant Planner ATTACHMENTS: Attachment 1: Location Map, Zoning and General Plan Attachment 2: Draft Resolution PC 2005-0023 ITEM NUMBER: DATE: 3-1-05 Attachment 1: Location Map, General Plan and Zoning ITEM NUMBER: DATE: 3-1-05 ATTACHMENT 2: Draft Resolution PC 2005-0023 DRAFT RESOLUTION PC 2005-0023 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 2004-0063 TO ESTABLISH FOUR AIRSPACE CONDOMINIUM UNITS ON ONE COMMON LOT APN 031-222-009 (8320 Santa Ynez Ave. /Bennett) WHEREAS, an application has been received from Cary Bennett (8320 Santa Ynez Ave. Atascadero, CA 93422), applicant and property owner, for a Tentative Tract Map to establish a 4 -unit condominium development on a common lot; and, WHEREAS, the General Plan designation is Medium Density Residential (MDR); and, WHEREAS, the site's existing zoning district is Residential Multi -family — 10 (RMF - 10) Zoning designation; and, WHEREAS, a Class 1 Categorical Exemption was prepared for the project in accordance with the requirements of the California Environmental Quality Act (CEQA); 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 Tract 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 application; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on March 1, 2005, studied and considered Tentative Tract Map 2004-0063; and, NOW THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings of Approval for Tentative Tract Map 2004-0063, the Planning Commission of the City of Atascadero finds as follows: ITEM NUMBER: DATE: 3-1-05 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 design and improvement of the proposed subdivision will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat. 4. 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. 5. The proposed subdivision design and type of improvements proposed will not be detrimental to the health, safety or welfare of the general public. SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on March 1, 2005, resolved to approve Tentative Tract Map (TTM 2004-0063) subject to the following: 1. Exhibit A: Tentative Tract Map 2004-0063 2. Exhibit B: Conditions of Approval ITEM NUMBER: DATE: 3-1-05 On motion by Commissioner , and seconded by Commissioner foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: (0) NOES: (0) ABSENT: (0) ABSTAIN: (0) ADOPTED: CITY OF ATASCADERO, CA Greg Porter Planning Commission Chairperson Attest: Warren M. Frace Planning Commission Secretary the ITEM NUMBER: 3 DATE: 3-1-05 Exhibit A: Tentative Tract Map 2004-0063 LGC O � d /ydft v o NN 9 L a z a n N Za a Q -N— D Z �QOOU E$ o f �uQ=v'CL o NZ �i zcct� = CP 'W ITEM NUMBER: DATE: 3-1-05 Exhibit B: Conditions of Approval Conditions of Approval Timing Responsibility BL: Business /Monitoring 8320 Santa Ynez Avenue License GP: Grading PS: Planning Services Condominium Map Permit BP: Building BS: Building Services TTM 2004-0063 Permit FI: Final FD: Fire Department PD: Police Inspection TO: Temporary Department CE: City Engineer Occupancy FO: Final WW: Wastewater Occupancy CA: City Attorney Planning Services 1. The approval of this application shall become final, subject to the FM PS completion of the conditions of approval, fourteen (14) days following the Planning Commission approval unless prior to that 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 Tract Map shall be valid for two years after FM PS 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 authority to FM PS approve minor changes to the project that (1) result in a superior site design or appearance, and/or (2) address a design issue that is not substantive to the Tentative Tract Map and that the Final Map is in substantial conformance with the Tentative Map. 4. The Parcel Map shall be subject to additional fees for park or FM PS recreation purposes (QUIMBY Act) as required by City Ordinance. 5. The granting of this entitlement shall apply to the property located at On going PS APN 031-222-009 regardless of owner. 6. The Final Map shall be drawn in substantial conformance with the FM 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. 7. The subdivider shall defend, indemnify, and hold harmless the City of FM 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. No structure shall be erected within 35 feet of the Atascadero Creek Ongoing PS Reservation Line. Fire Marshal BP FM 9. An NFPA 13D Sprinkler system is being required as alternative for a BP FM ITEM NUMBER: DATE: 3-1-05 Conditions of Approval Timing Responsibility /Monitoring BL: Business 8320 Santa Ynez Avenue License GP: Grading PS: Planning Services Condominium Map Permit BP: Building BS: Building Services TTM 2004-0063 Permit FI: Final FD: Fire Department PD: Police Inspection TO: Temporary Department CE: City Engineer Occupancy FO: Final ww; wastewater CA: City Attorney Occupancy reduced driveway width. 10. Fire lane signage shall be submitted to the fire department for review BP FM and approval with on and off-site improvement plans. City Engineer Project Conditions Drainage: 11. All drainage facilities shall be designed and constructed in BP PW accordance with the current City of Atascadero Engineering Standards. 12. A homeowners association or other funding and maintenance FM PW agreement shall be submitted for approval by the City Engineer and the City Attorney prior to recording the final map. The agreement shall cover scheduled maintenance of the drainage facilities. 13. Existing drainage patterns from adjacent properties shall not be BP PW obstructed. 14. All drainage from improvements shall cross property lines within BP PW drainage easements. Frontage Improvements: BP PW 15. Project shall construct curb and gutter along entire frontage as BP PW determined by City Engineer. Curb and gutter shall not obstruct existing drainage patterns. 16. Entire frontage shall be overlaid or slurry sealed, as determined by BP PW the City Engineer, to the centerline plus 10 feet. Wastewater: 17. All onsite sewer mains shall be privately owned and maintained. BP PW 18. Prior to recording the final map, provisions for the repair and BP PW maintenance of the private SS shall be included in the CC&R's for this tract. Included shall be a mechanism to maintain the private sewer and structures, such as a homeowners association. The City Engineer and City Attorney shall approve the final form prior to recordation. 19. Applicant shall pay sewer extension (Annexation), Connection and BP PW Reimbursement fees (if applicable) upon issuance of building permit. 20. Gravity mains within the subdivision shall be sized according to BP PW City Standards. 21. Drainage piping serving fixtures which have flood level rims located BP PW below the elevation of the next upstream manhole cover of the public or private sewer serving such drainage piping shall be ITEM NUMBER: DATE: 3-1-05 Conditions of Approval Timing Responsibility /Monitoring BL: Business 8320 Santa Ynez Avenue License GP: Grading PS: Planning Services Condominium Map Permit BP: Building BS: Building Services TTM 2004-0063 Permit FI: Final FD: Fire Department PD: Police Inspection TO: Temporary Department CE: City Engineer Occupancy FO: Final ww; wastewater CA: City Attorney Occupancy protected from backflow of sewage by installing an approved type backwater valve. Fixtures above such elevation shall not discharge through the backwater valve. City Engineer Standard Conditions 22. In the event that the applicant is allowed to bond for the public BP BS improvements required as a condition of this map, the applicant shall enter into a Subdivision Improvement Agreement with the City Council. 23. An engineer's estimate of probable cost shall be submitted for BP PW review and approval by the City Engineer to determine the amount of the bond. 24. The Subdivision Improvement Agreement shall record concurrently FM PW with the Final Map. 25. All public improvements shall be constructed in conformance with BP PW the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 26. The applicant shall enter into a Plan Check/Inspection agreement BP BS with the City. 27. The applicant shall be responsible for the relocation and/or BP PW alteration of existing utilities. 28. The applicant shall install all new utilities (water, gas, electric, cable BP BS TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 29. The applicant shall monument all property corners for construction BP PW control and shall promptly replace them if disturbed. 30. A preliminary subdivision guarantee shall be submitted for review BP PW in conjunction with the processing of the parcel map. 31. All existing and proposed utility, pipeline, open space, or other BP PS/PW 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. The applicant shall show all access restrictions on the parcel map. 32. Prior to recording the tract map, the applicant shall submit a map FM PS/PW 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. ITEM NUMBER: DATE: 3-1-05 Conditions of Approval Timing Responsibility /Monitoring BL: Business 8320 Santa Ynez Avenue License GP: Grading PS: Planning Services Condominium Map Permit BP: Building BS: Building Services TTM 2004-0063 Permit FI: Final FD: Fire Department PD: Police Inspection TO: Temporary Department CE: City Engineer Occupancy FO: Final ww; wastewater CA: City Attorney Occupancy 33. Prior to recording the tract map, the applicant's surveyor shall set FM PW monuments at all new property corners or 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. 34. Prior to recording the tract map, the applicant shall have the map FM PW 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. 35. Upon recording the final map, the applicant shall provide the City FM PW with a black line clear Mylar (0.4 mil) copy and a blue line print of the recorded map. 36. Prior to the final inspection of any public improvements, the BP PW applicant shall submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans. Atascadero Mutual Water Company 37. Before the start of construction on the water system improvements, GP, BP CE the applicant shall submit plans to AMWC for the water distribution facilities needed to serve the project. All water distribution facilities shall be constructed in conformance with AMWC Standards and Details and the California Waterworks Standards (Code of Regulations Title 22, Division 4, Chapter 16). All cross -connection devices shall conform to AWWA and California Department of Health Services standards. 38. Before the start of construction on the water system improvements, GP, BP CE the applicant shall pay all installation and connection fees required by AMWC. Subject to the approval of AMWC, the applicant may enter in to a "deferred connection" agreement. 39. Before issuance of building permits, the applicant shall obtain a GP, BP CE "Will Serve" letter from AMWC. 40. The applicant shall provide AMWC with easements for those water GP, BP CE facilities proposed for operation and maintenance by AMWC that are constructed outside of publicly maintained right-of-ways. AMWC shall review the form and content of the easements before recordation. ITEM NUMBER: DATE: 3-1-05 Conditions of Approval Timing Responsibility /Monitoring BL: Business License PS: Planning 8320 Santa Ynez Avenue GP: Grading services Condominium Map Permit BP: Building BS: Building services 2004-0063 PermTTM FI: Final FD: Fire Department Inspection PD: Police Department TO: Temporary CE: City Engineer Occupancy wyµ Wastewater FO: Final CA: City Attorney Occupancy 41. The applicant shall obtain a separate landscape -irrigation meter GP, BP CE from AMWC for the common areas within the project.