Loading...
HomeMy WebLinkAboutResolution 1999-030 RESOLUTION NO. 1999-030 A RESOLUTION OF THE COUNCIL OF THE CITY OF ATASCADERO DENYING AN APPEAL, THEREBY UPHOLDING THE PLANNING COMMISSION'S ACTION APPROVING A TENTATIVE PARCEL MAP TO DIVIDE ONE RESIDENTIAL LOT AT 6105 SAN ANSELMO INTO THREE PARCELS (TPM#99002 (AT 99-040); Gearhart) WHEREAS, Kelly V. Gearhart requested approval of a tentative parcel map to subdivide a 4.27-acre site at 6105 San Anselmo into three commercial parcels; and WHEREAS, the site is zoned Commercial Tourist (CT), allowing the type of use and density proposed; WHEREAS, the proposed project is in conformance with the Land Use Element of the General Plan and all other applicable General Plan policies; and WHEREAS, the proposed project, as conditioned, is consistent with the Zoning Ordinance, Subdivision Ordinance and all other applicable codes, ordinances and standards; and WHEREAS, the Planning Commission conducted a public hearing on the tentative tract map application on April 20, 1999 and approved the request; and WHEREAS, Planning Commissioner William Zimmerman appealed that decision to the City Council; and WHEREAS, the City Council conducted a public hearing on the appeal of the tentative tract map approval on May 25, 1999 and accepted testimony, both written and oral, on the subdivision proposal. NOW, THEREFORE, SECTION 1. Negative Declaration with Mitigation. The City Council finds that the proposed project, as conditioned and with mitigation, will not have potentially significant environmental effects. The Negative Declaration with Mitigation prepared for the project complies with the requirements of the California Environmental Quality Act (CEQA) and is hereby approved as adequate. SECTION 2. Findings for approval of subdivision. The City Council hereby makes the following findings: 1. The proposed subdivision, as conditioned, is consistent with the General Plan and applicable zoning requirements. City of Atascadero Resolution No. 1999-030 Page 2 2. The design and improvement of the proposed subdivision is consistent with the General Plan and applicable zoning requirements. 3. The site is physically suitable for the type and density of development proposed. 4. 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. 5. 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. 6. The proposed subdivision design and type of improvements proposed will not cause serious public health problems. SECTION 3. Approval. The City Council hereby upholds the action of the Planning Commission, thereby approving Tentative Parcel Map #99002, as shown on Exhibit A, subject to the conditions in Exhibit B. On motion by Mayor Pro Tem Arrambide and seconded by Mayor Johnson, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: Mayor Pro Tem Arrambide and Mayor Johnson NOES: Council Member Luna ABSENT: Council Members Clay and Lerno abstained ADOPTED: May 25, 1999 C OF CAD O, CA Ray Jo so , Major ATTEST: Marcia McClure Torgerson, City Oieik Appr ved as to fo . a- 1 Roy A. nley, City Att rney ■■ ■ ■ EXHIBIT A 19Parcel Map Tentative Parcel Map 99002 6105 San Anselmo and 4700 San Palo Roads v Pomm l was"-w 01 AM YNO IFy t AV AA N a ` Y Pagnoa or Pas a a�c m 144 a y PALAM MINE t: • ►yi PATI=1 a , & (PARCELa) � \ w. PAR=I 14M S PAIGE 3 �1 / PMs a a rl.0 ugCom m me \ �• IAVIRRURr mAwR>t., a AVAL 20-M X POR'T04�TS 1 ee 2 Yi 2L (PANAL 2) AM 2040 ALAI,F.,tT k,fRrss 4. wrr rti a r v M-Iq 14'040 i MUM APPLY POR M AM WAL OF VS CO OOi - a r"PROPOTTT saw Or DONE PRELreIURY UAP NO ur t At.or GSlOM SC= RAT[TYAT I Ar TIS ORIER or an TIS mr" m AM"or SAID 00m AID TRAT T)S W""TIOY Sm!VA o TRIS NO OON=10 T)R SW W MY )rr.« aAwco oAim ar NOW n dw IOMT1R PAR=UN AT$ -ON rye Y -- w..AT as OF PARCEL.YAP CO Mit ONKEL.a ATAL er- a,Yf SpurI]Ap� rw 4L%W.W d LOTS t]34 OF S.OM i ATASCA0a0 OOI.OY'Y)d O in AMOR w,. AT ICADM COIMTT CF SAM WR C1WNP%STA'R OF CAtVCMMV rrID «' CAREER Ur R4 CA w-.w.wa►It ID1L[i') I FtWWART M Ic" OMw n1 �s,- go no INMN IQ11.7��IMf aA1wMY ^em NOR, •.•� Rags o rawR-sur IwAr.�s EXHIBIT B Resolution No. 1999-030 Conditions for Tentative Parcel Map 99002 6105 San Anselmo and 4700 San Palo Roads CONDITIONS Engineering Division: 1. All public improvements shall be constructed in conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings or as directed by the City Engineer. 2. The applicant shall enter into an Plan Check/Inspection agreement with the City. Prior to recordation of the parcel map, all outstanding plan check/inspection fees shall be paid. 3.. An encroachment permit for work within the San Anselmo right-of-way shall be obtained from the City Engineering Department prior to the issuance of building permits. 4. The applicant shall provide a six-foot wide public utility easement along the entire property frontage outside the existing San Anselmo Avenue right-of-way. 5. The applicant shall be responsible for the relocation and/or alteration of existing utilities. All new utilities shall be installed underground or as approved by the Community Development Director. Utilities shall be extended to the property line frontage of each lot or its public utility easement. 6. The applicant shall submit road improvement plans prepared by a registered civil engineer for review and approval by the City Engineer prior to recordation of the parcel map. Road improvement plans shall conform to the requirements of City Standard Specifications, Section 2 - Preparation of Plans. R-value testing shall be done, and the pavement section designed by a registered civil engineer to the satisfaction of the City Engineer. Road improvements shall include,but not be limited to the following: A. The easterly half of San Anselmo Avenue shall be improved in conformance with City Standard Drawing No. 406 (collector) along the entire property frontage, or as approved by the City Engineer. The improvements may require the overlaying of existing pavement to remedy an inadequate structural section or to remedy a deteriorated paving surface. Transitions shall be constructed where required to achieve a smooth join with existing improvements. B. Slope easements shall be provided on each side of the right-of-way as needed to accommodate cut or fill slopes. Offers of dedication shall be provided for all public improvements which are constructed outside of the existing rights-of-way. EXHIBIT B Resolution No. 1999-030 Conditions for Tentative Parcel Map 99002 6105 San Anselmo and 4700 San Palo Roads Page 2 7. The applicant shall monument all property corners for construction control and shall promptly replace them if disturbed. The applicant shall install all final property corners, or bond for them,prior to acceptance of the improvements. 8. The applicant shall provide notice either on the parcel map or by separate instrument recorded on, concurrently with, or prior to the recordation of the parcel map that there are requirements for off-site and on-site improvements and that the construction of the improvements shall be required prior to the issuance of building permits or other grants of approval for development of the parcels. 9. The applicant shall acquire title or interest in any off-site land that may be required to allow for the construction of the improvements. The applicant shall bear all costs associated with the necessary acquisitions. The applicant shall also gain concurrence from all adjacent property owners whose ingress or egress is affected by these improvements. 10. The 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 and the Uniform Building Code(UBC)prior to the final inspection. 11. A Mylar copy and a blue line print of the as-built improvement plans, signed by the registered engineer who prepared the plans, shall be provided to the City Engineer prior to the final inspection. 12. The applicant shall have the parcel map reviewed by all applicable public and private utility companies (cable, telephone, gas, electric, Atascadero Mutual Water Company). The applicant shall obtain a letter from each utility company which indicates their review of the parcel map. The letter shall identify any new easements which may be required by the utility company. New easements shall be shown on the parcel map. Letters from utility companies shall be submitted to the City prior to recordation of the parcel map. 13. All existing and proposed utility, pipeline, open space, or other easements are to be shown on the parcel map. If there are building or other restrictions related to the easements,they shall be noted on the final map. 14. A parcel map drawn in substantial conformance with the approved tentative map and in compliance with all conditions set forth herein shall be submitted for review and approval in conformance with the Subdivision Map Act and the City's Subdivision Ordinance EXHIBIT B Resolution No. 1999-030 Conditions for Tentative Parcel Map 99002 6105 San Anselmo and 4700 San Palo Roads Page 3 prior to recordation. The map shall be signed by the City Engineer prior to its being placed on the agenda for City Council acceptance. A. Monuments shall be set at all new property corners created and a registered civil engineer or licensed land surveyor shall indicate, by certificate on the parcel 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. B. A preliminary subdivision guarantee shall be submitted for review and approval by the City Engineer prior to recordation of the parcel map. 15. A black line clear Mylar (0.4 mil) copy and a blue line print of the tract map shall be provided to the City upon recordation. Community Development: 16. Any development of Parcel 3 requires approval of a Precise Plan. 17. Development of parcels 1 and 2 must include use of a common driveway for the two properties,to the approval of the Community Development Department. 18. A Conditional Use Permit is required for any development of parcels 1, 2, or 3.