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HomeMy WebLinkAboutPC_2017-06-06_AgendaPacket WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website CITY OF ATASCADERO PLANNING COMMISSION AGENDA SPECIAL MEETING Tuesday, June 6, 2017 6:00 P.M. (note time change) Historic City Hall Council Chambers 6500 Palma Avenue, 4th Floor Atascadero, California 93422 CALL TO ORDER Pledge of Allegiance Roll Call: Chairperson Duane Anderson Vice Chairperson Jerel Seay Commissioner Ryan Betz Commissioner Mark Dariz Commissioner Josh Donovan Commissioner Jan Wolff Commissioner Tom Zirk 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 three minutes. Please state your name 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 DRAFT MINUTES OF PLANNING COMMISSION MEETING ON MAY 16, 2017 City of Atascadero Planning Commission Agenda Special Meeting, June 6, 2017 Page 2 of 4 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website PLANNING COMMISSION BUSINESS COMMUNITY DEVELOPMENT STAFF REPORTS None PUBLIC HEARINGS DISCLOSURE OF EX PARTE COMMUNICATIONS: Prior to a project hearing Planning Commission Members must disclose any communications they have had on any quasi-judicial agenda items. This includes, but is not limited to, Tentative Subdivision Maps, Parcel Maps, Variances, Condi tional Use Permits, and Planned Development Permits. This does not disqualify the Planning Commission Member from participating and voting on the matter, but gives the public and applicant an opportunity to comment on the ex parte communication. (For each of the following items, the public will be given an opportunity to speak. After a staff report, the Chair will open the pub lic hearing and invite the applicant or applicant’s representative to make any comments. Members of the public will be invited t o provide testimony to the Commission following the applicant. Speakers should state their name for the record and can address the Commission for three minutes. After all public comments have been received, the public hearing will be closed, and the Commis sion will discuss the item and take appropriate action(s).) 2. PLN 2017-1635, TENTATIVE PARCEL MAP FOR 8390 CURBARIL AVE. COMMISSIONER COMMENTS AND REPORTS DIRECTOR’S REPORT Property Owner: Eric Winslow, PO Box 6014, Atascadero, CA 93423 Project Title: PLN 2017-1635 / TPM 2017-0104 Project Location: 8390 Curbaril Ave., Atascadero, CA 93422 (San Luis Obispo County) APN 056-091-017 Project Description: The applicant proposes to divide the property into two (2) parcels on a moderately sloping lot. The property is currently occupied by a singl e-family residence, a residential accessory (studio) structure, and paved driveway. General Plan Designation: Single-Family Residential (SFR-X) Zoning District: Residential Single-Family (RSF-X) Proposed Environmental Determination: The subdivision is not categorically exempt from the California Environmental Quality Act (CEQA). The City prepared an Initial Study which found that no significant impacts are expected. The Notice of Intent to Adopt Mitigated Negative Declaration is available for review from 5/12/17 to 6/1/17 and is available at www.atascadero.org/Environmental Docs. Staff Recommendation: Staff recommendation is to approve the project with conditions. City of Atascadero Planning Commission Agenda Special Meeting, June 6, 2017 Page 3 of 4 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website ADJOURNMENT The next Special regular meeting will be on June 20, 2017, at 6:00 p.m. at City Hall Council Chambers, 6500 Palma 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. City of Atascadero Planning Commission Agenda Special Meeting, June 6, 2017 Page 4 of 4 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website City of Atascadero WELCOME TO THE ATASCADERO 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 City Hall, Council Chambers, 6500 Palma Avenue, 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 business hours at the Front Counter of City Hall, 6500 Palma Avenue, Atascadero, and on our website, www.atascadero.org. 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. Commission meetings are audio recorded, and may be reviewed by the public. Copies of meeting recordings are available for a fee. Contact the City Clerk for more information (470-3400). 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 or the City Clerk’s Office, both at (805) 470-3400. 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 meetin g or service. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, “PUBLIC COMMENT”, the Chairperson will call for anyone from the audience having business with the Commission to approach the lectern and be recognized. 1. Give your name for the record (not required) 2. State the nature of your business. 3. All comments are limited to 3 minutes. 4. All comments should be made to the Chairperson and Commission. 5. No person shall be permitted to make slanderous, profane or negative personal remarks conc erning any other individual, absent or present. This is when items not on the Agenda may be brought to the Commission’s attention. A maximum of 30 minutes will be allowed for Public Comment Portion (unless changed by the Commission). TO SPEAK ON AGENDA ITEMS (from Title 2, Chapter 1 of the Atascadero Municipal Code) 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 Co mmission regarding the matter being considered to step up to the lectern. If you wish to speak for, against or comment in any way: 1. You must approach the lectern and be recognized by the Chairperson. 2. Give your name (not required). 3. Make your statement. 4. All comments should be made to the Chairperson and Commission. 5. No person shall be permitted to make slanderous, profane or negative personal remar ks concerning any other individual, absent or present. 6. All comments limited to 3 minutes. If you wish to use a computer presentation to support your comments, you must notify the C ommunity Development Department at 470-3402 at least 24 hours prior to the meeting. Digital presentations brought to the meeting should be on a USB drive or CD. You are required to submit to the Recording Secretary a printed copy of your presentation for the record. Please check in with the Recording Secretary 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 Commission. PC Draft Minutes of 5/16/17 Page 1 of 3 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Special Meeting – Tuesday, May 16, 2017 – 6:00 P.M. City Hall Council Chambers 6500 Palma Avenue, Atascadero, California CALL TO ORDER - 6:02 p.m. Chairperson Anderson called the meeting to order at 6:02 p.m. and Commissioner Zirk led the Pledge of Allegiance. ROLL CALL Present: Commissioners Betz, Dariz, Donovan, Wolff, Zirk, Vice Chairperson Seay, and Chairperson Anderson Absent: None Others Present: Recording Secretary, Annette Manier Staff Present: Community Development Director, Phil Dunsmore APPROVAL OF AGENDA MOTION: By Vice Chairperson Seay and seconded by Commissioner Wolff to approve the Agenda. Motion passed 7:0 by a roll-call vote. PUBLIC COMMENT None Chairperson Anderson closed the Public Comment period. CONSENT CALENDAR 1. APPROVAL OF DRAFT MINUTES OF PLANNING COMMISSION MEETING ON MAY 2, 2017 2. APPROVAL OF A 1-YEAR TIME EXTENSION FOR PLN 2007-1237, VESTING TENTATIVE TRACT MAP FOR LAS LOMAS TOWNHOMES (ZAPPAS) ITEM NUMBER: 1 DATE: 6-6-17 1 PC Draft Minutes of 5/16/17 Page 2 of 3 Community Development Director Dunsmore stated that the wording on the project conditions were amended on Item 2, and if further clarification is needed, the item would need to be pulled for further discussion, and he would be available to answer any questions. Commissioners agreed to move forward with a motion. MOTION: By Commissioner Zirk and seconded by Commissioner Donovan to approve the consent calendar. Motion passed 7:0 by a roll-call vote. PLANNING COMMISSION BUSINESS None COMMUNITY DEVELOPMENT STAFF REPORTS 3. PLN 2017-1645, PLANNING COMMISSION MEETING TIME CHANGE Community Development Director Dunsmore gave the staff report and answered questions from the Commission. MOTION: By Commissioner Zirk and seconded by Dariz to approve Resolution PC 2017-A recommending that the City Council amend the Atascadero Municipal Code Title 2, Chapter 9.08, amending Planning Commission Meeting time from 7:00 p.m. to 6:00 p.m. Motion passed 7:0 by a roll-call vote. PUBLIC HEARINGS None COMMISSIONER COMMENTS AND REPORTS Commissioner Donovan stated that there is a very large abandoned Carl’s Jr. sign in the A-Town Deli parking lot. The Commission directed staff to look into th is issue. Community Development Director said there is an abandoned signs section in the Sign Ordinance, so staff will look into the matter further, and report back at the next meeting. Commissioner Zirk stated he will be absent for the June 6th and June 20th Planning Commission meetings. Commissioner Betz stated he will be absent for the June 6th and possibly the June 20th Planning Commission meetings. 2 PC Draft Minutes of 5/16/17 Page 3 of 3 Commissioner Donovan stated he will be absent for the June 20th Planning Commission meeting. DIRECTOR’S REPORT PLN 2017-1647, REMOVAL OF DEODAR CEDAR TREE IN SUNKEN GARDENS Community Development Director Dunsmore gave a report on the failing state of the tree planted between 1920-1922, and said it will be removed in June 2017. The wood will be salvaged with some wood going to the Atascadero Historical Society Staff, and some going to the City to make furniture for City Hall. Staff is working on a succession planting plan for these trees in Sunken Gardens. Commissioners shared some concerns regarding the safety of the tree, its close proximity to the nymph statues if it were to fall, and inquired about potential fencing around the tree. Community Development Director Dunsmore stated he would check with Public Works Department on these issues. Commissioners shared ideas on what to do with the wood (leaving a portion of the trunk as a dedication with a plaque, hollowing out the trunk to make something inside, and/or utilizing the wood for the community). There was unanimous consent by the Planning Commission that due to the safety issue this tree poses, the tree should be removed. Phil announced upcoming training on May 25th for the Commissioners (Harassment/Discrimination training and Commissioner training). Commissioner Zirk stated he will be absent. Community Development Director Dunsmore stated that the next Planning Commission meeting is scheduled for June 6, 2017. On that agenda will be a Tentative Parcel Map on Curbaril. ADJOURNMENT – 6:39 p.m. The next Special Regular meeting of the Planning Commission is scheduled for June 6, 2017, at 6:00 p.m. at City Hall, Council Chambers, 6500 Palma Avenue, Atascadero. MINUTES PREPARED BY: ____________________________ Annette Manier, Recording Secretary Administrative Assistant 3 ITEM 2 | 06/06/2017 Tentative Parcel Map 2017-0104 PLN 2017-1635 / Winslow ADDITIONAL INFORMATION MAY BE OBTAINED BY CONTACTING THE ATASCADERO COMMUNITY DEVELOPMENT DEPARTMENT AT http://www.atascadero.org 6500 PALMA AVENUE | ATASCADERO, CA 93422 | (805) 461-5000 | (805) 461-7612 Atascadero Planning Commission Staff Report – Community Development Department PLN 2017-1635 Tentative Parcel Map RECOMMENDATION(S): Staff recommends the Planning Commission adopt PC Resolution 2017-A certifying Mitigated Negative Declaration 2017-0008 and PC Resolution 2017-B approving Tentative Parcel Map (TPM) 2017-0104 to subdivide one residential parcel into two residential parcels. Project Info In-Brief: The applicant proposes to divide the property at 8390 Curbaril Ave. into two parcels. The property is located about ¼ mile west of Highway 101 on Curbaril Ave. There is an existing single-family residence and residential accessory structure (studio) on the property. This project requests an exception to the Atascadero Subdivision Ordinance. The parent lot would be divided to create two narrow and deep parcels, which would each exceed the allowed 3:1 depth-width ratio. Each lot would have frontage along Curbaril Ave. PROJECT ADDRESS: 8390 Curbaril Ave. Atascadero, CA APN 056-091-017 PROJECT PLANNER Katie Banister Assistant Planner 470-3480 kbanister@atascadero.org APPLICANT Eric Winslow PROPERTY OWNER Eric Winslow GENERAL PLAN DESIGNATION: ZONING DISTRICT: SITE AREA EXISTING USE PROPOSED USE Single Family Residential (SFR-X) Residential Single Family (RSF-X) 1.04 acres Single-Family Residence 2 Single-Family Residences ENVIRONMENTAL DETERMINATION 4 ITEM 2 | 06/06/2017 Tentative Parcel Map 2017-0104 PLN 2017-1635 / Winslow Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ☐ Environmental Impact Report SCH: ___________________________ ☒ Negative / Mitigated Negative Declaration No. _2017-0008___ ☐ Categorical Exemption CEQA – Guidelines Section 153____ ☐ Statutory Exemption §§ 21000, et seq & ________________________ ☐ No Project – Ministerial Project DISCUSSION: Existing Surrounding Uses / Parcel Configurations: The property is located in the RSF-X (Residential Single-Family with a ½ acre minimum lot size) zoning district. Properties to the north and west have 1-acre minimum lot sizes. Properties to the south and east have one-half acre minimum lot sizes. Neighboring properties range from relatively rectangular in shape to creatively-designed flag lots. Existing Zoning Existing Aerial North: South: East: West: Limited-Single Family (LSF-Y) Residential-Single Family (RSF-X) Residential-Single Family (RSF-X) HWY 101 Residential-Single Family (RSF-Y) Summary: The project is the subdivision of one residential parcel into two parcels on a moderate ly sloping lot. The property is currently occupied by a single-family residence constructed in about 1940, a residential accessory (studio) structure constructed in 1984, and a paved driveway. LSF-Y RSF-Y RSF-X 5 ITEM 2 | 06/06/2017 Tentative Parcel Map 2017-0104 PLN 2017-1635 / Winslow Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero The original parcel is 1.04 acre in net size; the proposed lots are 0.53 and 0.51 acres in net size. The new parcels will retain the zoning and General Plan designation as the parent parcel: Residential Single-Family (RSF-X), and Single-Family Residential (SFR- X), respectively. Minimum lot size in this zoning district is 0.5 acre net area. The existing residence will remain on proposed parcel 1. The studio will be located on parcel 2, where a future single-family residence is also proposed. Both residences will take access from the existing driveway off Curbaril Avenue. The future residence on parcel 2 will require a driveway extension to the proposed building envelope located about 50 feet from the Curbaril Avenue right-of-way. The driplines of six native trees are partially within the proposed building envel ope on parcel 2. The applicant estimates one 16-inch valley oak tree may be removed when constructing the new residence. The subdivision is not categorically exempt from the California Environmental Quality Act (CEQA) for two reasons. First, parcel 1 will have an average slope greater than 20 percent. Secondly, the proposed lots will require an exception to City standards. The proposed lots exceed the 3:1 depth-width ratio required by the Atascadero Subdivision Ordinance. The Planning Commission is asked to certify Mitigated Negative Declaration (MND) 2017-0008 for the project (see Resolution A) Analysis: Slope: Parcel 1 will have an average slope of 24.6 percent. Parcel 2 will have an average slope of 12.3 percent. The Atascadero Subdivision Ordinance (Atascadero Municipal Code (AMC) 11-6.25) precludes the creation of lots where the average slope is greater than 30 percent unless an adequate building envelope is identified with a slope less than 20 percent. Neither proposed lot will exceed this standard. CEQA requires review of parcels whose average slope is more than 20 percent. Steeply sloped parcels typically require significant grading to develop. This proposed parcel has an existing driveway and residence, which are located on the flatter areas of the parcel. The property is served by the City sewer. Depth-to-width ratio: The Atascadero Subdivision Ordinance (AMC 11 -6.23) limits the depth-to-width ratio of new lots to 3:1 “unless there is adequate assurance that deep lot subdivisions and subsequent development will be accomplished without detriment to adjacent properties.” Immediately adjacent properties to the west and south are flag lots (deep lot subdivisions) with long access-ways. All adjacent properties are developed with single-family residences. None qualify for a subdivision under current zoning standards. The applicant intends to build a new residence on Parcel 2. The residence will be subject to the standards of the municipal and building codes, including building setback and height requirements. The lots are approximately 80 feet wide, which is not excessively narrow for a residential lot. Adjacent properties are not expected to experience a significant detriment due to this subdivision. 6 ITEM 2 | 06/06/2017 Tentative Parcel Map 2017-0104 PLN 2017-1635 / Winslow Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Establishing a principal use: Parcel 2 has an existing residential accessory structure, which meets the definition of a studio (“any type of residential occupancy construction (R) with no kitchens, no overnight stays, cooking facilities and/or no bathing facilities ,” (AMC 9-5.020 (f))). Properties in Atascadero may not establish an accessory use without first establishing a principal use (AMC 9 -6.102). If the lot is divided, Parcel 2 would have an accessory use but no principal use. Conditions of attached Resolution B require the applicant to apply and pay all fees for a building permit for a single-family residence on Parcel 2 before the parcel map may be recorded. This building permit will not be issued until after recordation as two primary residences are not permitted on a single-family residential lot. If the residence is not constructed, the City will consider the studio the principal residence until such time a structure that meets the building and municipal codes is constructed. Conclusion: The subdivision of 8390 Curbaril will not have a detrimental impact on the surrounding neighborhood. It meets the minimum lot size requirements. The tentative map is conditioned so that an accessory use will not be established before a principal use is established. ENVIRONMENTAL DETERMINATION: The City of Atascadero prepared an Initial Study to determine if the proposed project would have a significant adverse effect on the environment. The Initial Study found that no significant impacts are expected. Consequently, a Mitigated Negative Declaration was prepared for the Project (see Resolution A). Adoption of Mitigated Negative Declaration No. 2017-0008 will satisfy the requirements of CEQA for this Tentative Parcel Map. FINDINGS: To approve Tentative Parcel Map 2017-0104, the Planning Commission must make the following findings. These findings and the facts to support these findings are included in attached Resolution B. Tentative Parcel Maps / Tentative Subdivision Maps 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan and the proposed Specific Plan (Government Code§§ 66473.5 and 66474(a) and (b)), and 2. The site is physically suitable for the type of development (Government Code§ 66474(c)), and 3. The site is physically suitable for the proposed density of development (Government Code § 66474(d)), and 7 ITEM 2 | 06/06/2017 Tentative Parcel Map 2017-0104 PLN 2017-1635 / Winslow Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 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. (Government Code § 66474(e)), and 5. The design of the subdivision or the type of improvements will not cause serious health problems. (Government Code § 66474(f)), and 6. The design of the subdivision will not conflict with easements for access through or use of property within the proposed subdivision . (Government Code § 66474(g)), and 7. The installation of public improvements are necessary prior to recordation of a Final Map in order to insure orderly development of the surrounding area (Government Code § 66411.1(b)(2). ALTERNATIVES: 1. The Planning Commission may include modifications to the project and/or conditions of approval for the project. Any proposed modifications , including conditions of approval, should be clearly re-stated in any vote on any of the attached resolutions. 2. The Planning 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 to develop the additional information. The Commission should clearly state the type of information that is required. A motion, and approval of that motion, is required to continue the item to a future date. 3. The Planning Commission may deny the project. The Commission must specify what findings cannot be made and provide a brief oral statement based on the Staff Report, oral testimony, site visit, correspondence, or any other rationale introduced and deliberated by the Planning Commission. ATTACHMENTS: 1. Draft Resolution PC 2017-A 2. Draft Resolution PC 2017-B 8 ITEM 2 | 06/06/2017 Tentative Parcel Map 2017-0104 PLN 2017-1635 / Winslow Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENT 1: Draft Resolution PC 2017-A PLN 2017-1635 DRAFT PC RESOLUTION 2017-A CERTIFICATION OF MITIGATED NEGATIVE DECLARATION A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO CERTIFYING ENVIRONMENTAL DOCUMENT NUMBER 2017-0008 PLN 2017-1635 WINSLOW WHEREAS, an application has been received from Eric Winslow, PO Box 6014, Atascadero, CA 93423 (Applicant and Owner), and to consider Planning Application PLN 2017- 1635, for a project consisting of a Tentative Parcel Map and certification of a Mitigated Negative Declaration (MND) on a 1.04-acre site located at 8390 Curbaril Ave., Atascadero, CA 93422 (APN 056-091-017); and, WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration, Environmental Document Number 2017-0008, 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, Section 21000, et. seq., of the Public Resources Code and Section 15000, et. seq., of Title 14 of the California Code of Regulations (the “CEQA Guidelines”), which govern the preparation, content, and processing of Negative Declarations, have been fully implemented in the preparation of the Mitigated Negative Declaration; and, WHEREAS, pursuant to California State Law and the Atascadero Municipal Code, public hearing notices were mailed to all property owners within an area exceeding a three hundred foot radius of the subject property and a public hearing was published for a minimum of 10 days prior to the first public hearing; and WHEREAS, a duly noticed public hearing was held by the Atascadero Planning Commission on June 6, 2017, to consider the Mitigated Negative Declaration to which all interested persons were given the opportunity to be heard and has recommended certification of the Mitigated Negative Declaration; and WHEREAS, the Planning Commission of the City of Atascadero has reviewed and considered the information contained in the Mitigated Negative Declaration for the PLN 2017- 1635, including all associated applications; and, 9 ITEM 2 | 06/06/2017 Tentative Parcel Map 2017-0104 PLN 2017-1635 / Winslow Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero NOW, THEREFORE, BE IT RESOLVED, the Planning Commission of the City of Atascadero, hereby certify Proposed Mitigated Negative Declaration, Environmental Document Number 2017-0008 based on the following findings. SECTION 1. Findings to Certify Mitigated Negative Declaration. The Planning Commission finds as follows: 1. The Proposed Mitigated Negative Declaration has been completed in compliance with CEQA. 2. The Proposed Mitigated Negative Declaration was presented to the Planning Commission, and the information contained therein was considered by the Planning Commission, prior to recommending action on the project for which it was prepared. 3. The project does not have the potential to degrade the environment when mitigation measures are incorporated into the project. Fact. The proposed project creates one parcel for single-family residential development in an area currently developed for single-family residences. City roads and water and sewer service are available for the development of the lots. 4. The project will not achieve short-term environmental goals to the disadvantage of long- term environmental goals. Fact. The project will allow urban infill in an area close to services resulting in higher density residential development, which is consistent with long-term statewide goals of reducing greenhouse gas emissions. 5. The project does not have impacts which are individually limited, but cumulatively considerable. Fact. The project densifies an existing neighborhood. It will not impact any stream or wetland. It relies on existing roads and utilities. 6. The project will not cause substantial adverse effects on human beings either directly or indirectly. Fact. The project will take place on a previously developed lot. New structures will be visible from Curbaril Road and adjacent properties, but will be in character with the surrounding neighborhood. EXHIBIT A: Environmental Document Number 2017-0008, Mitigated Negative Declaration 10 ITEM 2 | 06/06/2017 Tentative Parcel Map 2017-0104 PLN 2017-1635 / Winslow Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero On motion by Commissioner _________ and seconded by Commissioner ____ the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: (0) NOES: (0) ABSTAIN: (0) ABSENT: (0) ADOPTED: CITY OF ATASCADERO, CA ______________________________ Duane Anderson Planning Commission Chairperson Attest: ______________________________ Phil Dunsmore Planning Commission Secretary t:\- 17 plns\pln 2017-1635 tpm curbaril\pln 2017-1635_tpm_pc_sr_kb.docx 11 ITEM 2 | 06/06/2017 Tentative Parcel Map 2017-0104 PLN 2017-1635 / Winslow Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Exhibit A: Environmental Document Number 2017-0008, Mitigated Negative Declaration PLN 2017-1635 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 ITEM 2 | 06/06/2017 Tentative Parcel Map 2017-0104 PLN 2017-1635 / Winslow Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENT 2: Draft Resolution PC 2017-B PLN 2017-1635 DRAFT RESOLUTION PC 2017-B RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA APPROVING PLN 2017-1635 / TPM 2017-0104 TO ALLOW A SUBDIVISION AT 8390 CURBARIL AVE. (APN 056-091-017) (WINSLOW) WHEREAS, an application has been received from Eric Winslow, PO Box 6014, Atascadero, CA 93423 (Applicant and Owner), to consider a project consisting of Tentative Parcel Map 2017-0104 to allow the subdivision of one parcel into two parcels at 8390 Curbaril (APN 056-091-017); and, WHEREAS, the site’s current General Plan Designation is Single-Family Residential SFR-X); and WHEREAS, the site’s current zoning district is Residential Single-Family (RSF-X); and, WHEREAS, the minimum lot size within the RSF-X zone is ½ acre for new subdivision, consistent with the Atascadero Municipal Code; and WHEREAS, the site has a net area of 45,432 square feet (1.04 acres); and WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2017-0008 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 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, the Planning Commission of the City of Atascadero held a public hearing on June 6, 2017 to consider the Initial Study and Proposed Mitigated Negative Declaration; 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 WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on June 6, 2017, studied and considered Tentative Parcel Map 2017-0104; and 44 ITEM 2 | 06/06/2017 Tentative Parcel Map 2017-0104 PLN 2017-1635 / Winslow Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings for approval of Tentative Parcel Map. The Planning Commission finds as follows: 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan (Government Code§§ 66473.5 and 66474(a) and (b)), and Fact: The General Plan designation for the site is Single-Family Residential with a ½-acre minimum lot size (SFR-X). The lots created will be 0.53 acres and 0.51 acres respectively. They will also have a General Plan designation of SFR-X. 2. The site is physically suitable for the type of development (Government Code§ 66474(c)), and Fact: Parcel 1, which is already developed with a single-family residence and driveway, will have an average slope of 24.6%. Parcel 2, where a new single -family residence is proposed, will have an average slope of 12.3%. The existing driveway entrance will serve both parcels and is about 180 feet to the west of the intersection of Curbaril with Coromar Avenue. The site is on a straight section of Curbaril Ave. The created lots are each approximately 80 feet wide and approximately 280 feet deep, which will provide adequate space for new structures while observing required setbacks. The existing residence is on the steeper parcel. The new residence is proposed within one of the least steep areas of the site. No creeks or wetlands are located on the property. 3. The site is physically suitable for the proposed density of development (Government Code § 66474(d)), and Fact: The proposed lots are ½ acre in size, which is suitably large enough for a single-family residence. The steeper sloped lot is already developed. The future residence on Parcel 2 will be located on a relatively flat area. The site is served by nearby utilities and an existing road. 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. (Government Code § 66474(e)), and Fact: The parcel map is for a two lot subdivision, with an existing road. The lot was previously developed with a single-family residence. No creeks or wetlands will be impacted. Post-construction stormwater rules will prevent any potential off-site effects on fish and their habitat. 45 ITEM 2 | 06/06/2017 Tentative Parcel Map 2017-0104 PLN 2017-1635 / Winslow Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 5. The design of the subdivision or the type of improvements will not cause serious health problems. (Government Code § 66474(f)), and Fact: The construction of a single-family residence near the core of the City will not cause serious health problems. 6. The design of the subdivision will not conflict with easements for access through or use of property within the proposed subdivision. (Government Code § 66474(g)), and Fact: No existing easements are affected by this subdivision. 7. The installation of public improvements are necessar y prior to recordation of a Final Map in order to insure orderly development of the surrounding area (Government Code § 66411.1(b)(2). Fact: Public improvements are largely installed for the site. The tentative map is conditioned so the applicant will provide a shoulder on Curbaril Ave. and a public utilities easement before the map is recorded. SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a special session assembled on June 6, 2017 resolved to approve Tentative Parcel Map 2017-0104 subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Tentative Parcel Map 46 ITEM 2 | 06/06/2017 Tentative Parcel Map 2017-0104 PLN 2017-1635 / Winslow Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 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: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA ______________________________ Duane Anderson Planning Commission Chairperson Attest: ______________________________ Phil Dunsmore Planning Commission Secretary 47 ITEM 2 | 06/06/2017 Tentative Parcel Map 2017-0104 PLN 2017-1635 / Winslow Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero EXHIBIT A: Conditions of Approval PLN 2017-1635 / TPM 2017-0104 Conditions of Approval Tentative Parcel Map 8390 Curbaril Ave. PLN 2017-1635 / TPM 2017-0104 Timing BL: Business License FM: Final Map GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Planning Services 1. Tentative Parcel Map 2017-0104 shall be for the subdivision of 8390 Curbaril, the lot described as a Portion of Lot 14A of Block 7, recorded in Map Book 3AC, Page 6A in the County of San Luis Obispo, State of California (Assessor’s Parcel Number 056-091-017), as generally shown in attached Exhibit B, regardless of owner. Ongoing 2. The approval of this application shall become final, subject 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. Ongoing 3. Approval of this Tentative Parcel Map shall be valid for a period of twenty-four (24) months and shall expire on June 6, 2019, consistent with Section 66452.6(a)(1) of the California Subdivision Map Act. FM 4. The approved Tentative Parcel Map may be extended consistent with Section 66452.6(e) of the California Subdivision Map Act. A one (1) year extension may be granted consistent with Section 9-2.117(a) of the Atascadero Municipal Code. Any subsequent tentative map extensions shall be consistent with Section 11-4.23 of the Atascadero Municipal Code. FM 5. The Community Development Department shall have the 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. FM 6. The Subdivider shall defend, indemnify, and hold harmless 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. Ongoing 7. Prior to recordation of the Parcel Map, the Subdivider shall pay all applicable Quimby Act fees to the City. FM 8. All new residential units are subject to City development impact fees current at the time of building permit issuance. BP 9. An arborist report shall be prepared and submitted to the Community Development Department in conjunction with construction plans for new structures. Any tree removals and the mitigation of tree removals must be consistent with the City’s native tree regulations. BP 10. Prior to recordation, the Parcel Map shall be amended so the width of the access easement on Parcel 2 to benefit Parcel 1 is increased to a minimum of 20 feet. FM 11. Prior to recordation of the Parcel Map, the Subdivider shall apply for a building permit for a primary residence on Parcel 2 within the proposed building footprint. FM 48 ITEM 2 | 06/06/2017 Tentative Parcel Map 2017-0104 PLN 2017-1635 / Winslow Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Conditions of Approval Tentative Parcel Map 8390 Curbaril Ave. PLN 2017-1635 / TPM 2017-0104 Timing BL: Business License FM: Final Map GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy 12. Prior to recordation of the Parcel Map, the Subdivider shall produce building permit plans that meet all applicable requirements including the requirements of the Atascadero Municipal Code and the California Building Code. FM 13. Prior to recordation of the Parcel Map, all building permit and development impact fees shall be paid for the building permit; however, the City shall not issue the building permit until after recordation of the Parcel Map. If the Subdivider does not request the issuance of the building permit before it expires, the development impact fee shall be applied to the existing studio structure, which shall become the primary residence. Consistent with the California Building Code and Atascadero Municipal Code, building permit extensions are subject to approval by the City Chief Building Official. FM Engineering 9. Unless conditioned otherwise, road and site improvements are deferred until the time of development on each parcel. BP 10. Prior to recordation of the Parcel Map, the Subdivider shall prepare a separate document for a common driveway easement & agreement for that portion of the existing driveway serving both new parcels (to record concurrently with the Parcel Map). Otherwise, the Subdivider shall construct a new driveway on Parcel 1 and remove that portion of the driveway on Parcel 2 extending to Parcel 1. FM 11. Documents required to be recorded concurrently with the Parcel Map (e.g. - easements not shown on the map, agreements, CC&Rs, etc.) shall be listed on the certificate sheet of the map. FM 12. Wherever an easement is created for commonly owned or operated improvements for the benefit of more than one parcel, there shall also be created a maintenance and operations agreement, to the satisfaction of the City Engineer. FM STREET 13. Prior to recordation of the Parcel Map, the Subdivider shall construct a 4 -feet wide shoulder on Curbaril Ave. contiguous to the existing curb/berm, to the satisfaction of the City Engineer. The shoulder shall be Class 2 aggregate base, compacted to 90% with a cross slope not exceeding two percent (2%). FM 14. The Subdivider shall offer a six (6) feet wide Public U tilities Easement (PUE) contiguous to the Curbaril Ave. southerly right-of-way line; said PUE shall be delineated on the Parcel Map. The Parcel Map shall denote a City acceptance of the PUE on behalf of the public. FM UTILITIES 15. New lots or parcels shall be served with individual utilities (water, power, gas, telephone & cable TV) to the satisfaction of the City Engineer. If said utility services do not exist adjacent to the subject property, the utility services shall be extended at the time of development of either parcel, to the satisfaction of the City Engineer. BP 16. If existing utility services cross the new property line between Parcel 1 and Parcel 2 , the Subdivider shall show a utility easement on the Parcel Map (or by separate easement document) or relocate the affected utilities accordingly, to the satisfaction of the City Engineer. PM 17. Each parcel shall be served by a separate sewer lateral, to the satisfaction of the City Engineer. BP 49 ITEM 2 | 06/06/2017 Tentative Parcel Map 2017-0104 PLN 2017-1635 / Winslow Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Conditions of Approval Tentative Parcel Map 8390 Curbaril Ave. PLN 2017-1635 / TPM 2017-0104 Timing BL: Business License FM: Final Map GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy GRADING & DRAINAGE 18. Future grading on either parcel shall be designed to intercept cross lot drainage and direct any overland run-off to an approved point of discharge (e.g. - street, storm drain, drainage swale, easement, other acceptable point of discharge), as approved by the City Engineer. BP STORM WATER 19. A Storm Water Control Plan (SWCP) shall be prepared in accordance with City Standard Specifications and the Regional Water Quality Control Board Res. No. R3-2013-0032. The SWCP shall be completed on the City standard form available from the City Engineer. BP 50 ITEM 2 | 06/06/2017 Tentative Parcel Map 2017-0104 PLN 2017-1635 / Winslow Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Exhibit B: Tentative Parcel Map PLN 2017-1635 / TPM 2017-0104 51