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HomeMy WebLinkAboutPC Resolution 2018-0032>� NOV 2013 PC RESOLUTION 2018-0032 CITY OF ATASCADERO PLANNING RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA APPROVING AT 18-0087 TO ALLOW A SUBDIVISION AT 6450 PORTOLA AVE (APN 054-072-006) SBDV18-0094 (SANDERS) WHEREAS, an application has been received from Michael Sanders, 37170 Hot Springs Dr., Porterville, CA 93257 (Owner) and David Graves, 6450 Portola Road, Atascadero (Applicant) to consider a project consisting of Tentative Parcel Map to allow the subdivision of one parcel into two parcels at 6450 Portola Ave (APN 054-072-006); and, WHEREAS, the site's current General Plan Designation is Single -Family Residential (SFR -Z); and WHEREAS, the site's current zoning district is Residential Single -Family (RSF-Z); and, WHEREAS, the minimum lot size within the RSF-Z zoning district is 1.5 -acres (gross) for a new subdivision, consistent with the Atascadero Municipal Code; and WHEREAS, the existing site has a gross area of 3 acres; and WHEREAS, the proposed project qualifies for an Categorical Exemption consistent with CEQA Guidelines Section 15315 for minor land divisions; and WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the state and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and WHEREAS, a timely and properly noticed Public Hearing upon the subject Tentative Parcel Map application was held by the Planning Commission of the City of Atascadero, at which hearing evidence, oral and documentary, was admitted on behalf of said Tentative Parcel Map; and WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on November 20, 2018, studied and considered Parcel Map AT 18-0087; and 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)). Fact: The General Plan designation for the site is Single -Family Residential with a one and a half -acre minimum lot size (SFR -Z). The lots created will each be 1.5 acres (gross). They will also have a General Plan designation of SFR -Z. 2. The site is physically suitable for the type of development (Government Code§ 66474(c)). Fact: The lots are located along a minor arterial road with utilities, excepting the City sewer, available. The site is surrounded by similarly -sized, single-family residential properties. The topography is gently sloped (less than 10% grade). 3. The site is physically suitable for the proposed density of development (Government Code § 66474(d)). Fact: The proposed lots are each one and a half acre in size. Under current standards, each lot could have a primary residence, accessory dwelling unit, and two detached accessory structures. The topography and suitable soil conditions can support the proposed maximum density. 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 site has previously been used for residential purposes. It does not have significant tree coverage or water drainage features that might support fish or significant wildlife habitat. The project will utilize existing roads and will not affect the drainage pattern of the neighborhood. Future residences are subject to post -construction stormwater requirements that will prevent significant impact to the watershed. 5. The design of the subdivision or the type of improvements will not cause serious health problems. (Government Code § 66474(f)), and Fact: The eventual 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 any public improvements deemed necessary prior to recordation of a Final Map is in order to insure orderly development of the surrounding area (Government Code § 66411.1(b)(2), and Fact: Public improvements are largely installed for the site. The tentative map is conditioned so the applicant will provide a public utilities easement with the map. 8. The subdivision and subsequent development will be accomplished without detriment to adjacent properties, and Fact: The neighborhood consists of a range of lot sizes that have been subdivided over time. Lot frontage width also varies throughout the neighborhood. The creation of an additional lot will increase residential density by up to two units. Surrounding parcels range in size from less than a quarter acre to almost 4 acres. A no -build easement is proposed to limit the buildable are of the site. The General Plan anticipates residential growth in this area and no detrimental impacts will result from the modified lot configuration. SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a regular meeting assembled on November 20, 2018 resolved to approve Parcel Map AT 18-0087 subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Tentative Parcel Map On motion by Commissioner Anderson, and seconded by Commissioner Donovan the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: Commissioners Anderson, Donovan, Seay, Dariz, Zirk (5 ) NOES: None (0 ) ABSTAIN: None (0 ) ABSENT: Commissioners Wolff and Betz (2 ) ADOPTED: November 20, 2018 CITY OF ATASCADERO, CA J Seay Planning Commission Chairperson Attest: Phil Dunsmore Planning Commission Secretary EXHIBIT A: Conditions of Approval SBDV 18-0094 / AT 18-0087 Conditions of Approval Timing Tentative Parcel Map BL: Buslness License 6450 Portola Road FM. Final Map GP. Grading Permit SBDV 18-0094 / AT 18-0087 BP: Building Permit Fl: Finaltnspecton TO: Temporary Occupancy FO: Final Occupancy Planning Services 1. The appeal period is fourteen (14) days following the Planning Commission approval unless prior Ongoing to the time, an appeal to the decision is fled as set forth in Section 9-1.111(b) of the Zoning Ordinance. 2. Approval of this Tentative Parcel Map shall be valid for a period of twenty-four (24) months and FM shall expire on November 20, 2020, consistent with Section 66452.6(a)(1) of the California Subdivision Map Act, 3. The approved Tentative Parcel Map may be extended consistent with Section 66452.6(e) of the FM California Subdivision Map Act. Any requested map extension shall be consistent with Section 11- 4.23 of the Atascadero Municipal Code. 4. The Community Development Department shall have the authority to approve minor changes to FM 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. 5. The Subdivider shall defend, indemnify, and hold harmless the City of Atascadero or its agents, Ongoing officers, and employees against any claim or action brought to challenge an approval by the City, or any of its entities, concerning the subdivision. 6. The Subdivider shall pay all applicable Quimby Act fees to the City in accordance with the fee FM schedule and policies in effect at the time of subsequent applications. 7. The proposed no -build easements shall be shown on the face of the map and shall be recorded FM through separate instrument which describes which activities are allowed within the easement area and which activities are disallowed within the easement areas. 3 sided Ag structures or similar such agricultural support structures shall be permitted within the no -build easement area. Engineering 9. Documents that the City of Atascadero requires to be recorded concurrently with the Map BP (e.g.: easements not shown on the map, common driveway agreements, etc.) shall be listed on the certificate sheet of the map. 10. The City of Atascadero may require an additional map sheet for information purposes in FM accordance with the Subdivision Map Act. 11. A 6 -feet wide Public Utility Easement (PUE) shall be dedicated contiguous to the road right -of- FM way. 12. Driveways serving more than one lot may require an easement for ingress/egress, public & FM private utilities, and drainage, to the satisfaction of the City Engineer. 13. Easements that are not intended to continue in perpetuity shall not be shown on the Parcel Map and shall be recorded by separate instrument. FM Conditions of Approval Timing Tentative Parcel Map BL: Business License 6450 Portola Road FM: Final Map GP: Grading Permit SBDV 18-0094 / AT 18-0087 BP: Building Permit FI: Final Inspection T0: Temporary Occupancy F0: Final Occupancy 14. Each lot shall be served with separate services for water, sewer, gas, power, telephone and BP cable TV. Utility laterals shall be located and constructed to each lot in accordance with City Standards and Standard Specifications. 15. Prior to recordation of the Parcel Map, the Applicant shall provide a percolation test for Parcel 2. FM 16. The Parcel Map shall include dedication to the public for one-half of Portola Road right-of-way FM (25 -feet, parallel and radial to Portola Road centerline as shown on the Map of Atascadero Colony recorded in the Office of the County Recorder in Book 3AC of Maps at Page 13A). 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