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HomeMy WebLinkAboutPC Resolution 2018-0033F APF ' DEC 4 2010 PC RESOLUTION 2018-0033 CITY OF ATASCADF-R0 PLANNING RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING AT 18-0123 TO ALLOW A SUBDIVISION AT 11885 HALCON RD (APN 045-401-014) SB_DV 1$-0092 (JOY) WHEREAS, an application has been received from Michael and Laura Joy, 11885 Halcon Rd, Atascadero, CA 93422 (Applicant and Owner) to consider a project consisting of Tentative Parcel Map to allow the subdivision of one parcel into three parcels at 11885 Halcon Rd (APN 045-401-014); and WHEREAS, the site's current General Plan Designation is Single -Family Residential (SFR -Y); and WHEREAS, the site's current zoning district is Residential Single -Family / Planned Development Overlay Zone #33 (RSF-Y / PD33); and WHEREAS, the minimum lot size within the RSF-Y zoning district is 1 acre (gross) for a new subdivision, consistent with the Atascadero Municipal Code; and WHEREAS, the existing site has a gross area of 5.03 acres; and WHEREAS, the proposed project is consistent with previously certified Mitigated Negative Declaration 2015-0007; 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 December 4, 2018, studied and considered Parcel Map AT 18-0123; and NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings for approval of Tentative Parcel Man. 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 one acre minimum lot size (SFR -Y). The lots created will each be a minimum of 1 acre (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)), and Fact: The lots are located along a minor arterial road with utilities available. The site is surrounded by similarly -sized, single-family residential properties and subdivision of this property into up to 4 parcels was anticipated with the approved PD33 overlay zoning district. The topography is gently to moderately sloped (less than 20% grade average) and building envelopes with slopes less than 20% have been identified. 3. The site is physically suitable for the proposed density of development (Government Code § 66474(d)), and Fact: The proposed lots are each one acre in size and the parcel with the existing residence is 2.9 acres. 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 density. The Planned Development Overlay zone anticipates up to 4 parcels on this site. 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. Consistent with previous approvals, a biological survey was completed and no sensitive species were found. Additional surveys will be required should any future construction take place during the spring months. 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 two single-family residences 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: There is an existing access and utility easement located on the subject property that serves the existing developed residential parcel to the south. This easement will be replaced by a new access and utility easement allowing access through the adjacent Cerro Robles development and overlaying the existing shared driveway. The proposed easement is conditioned to be wide enough to accommodate future development potential of the adjacent southerly residential parcel. 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 to provide any additional utility easements along the project frontage and to construct a multi- use pathway as required by PD33. 8. The subdivision and subsequent development will be accomplished without detriment to adjacent properties. Fact: Subdivision of the parcel was anticipated with the approval of Planned Development Overlay Zone 433. Subdivision and subsequent development of this parcel will not be detrimental to adjacent properties. 0 SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a regular meeting assembled on December 4, 2018, resolved to approve Parcel Map AT 18-0123 subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Tentative Parcel Map On motion by Commissioner Donovan and seconded by Commissioner Betz the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: Anderson, Betz, Dariz, Donovan, Wolff, Seay (6 ) NOES: None (0 ) ABSTAIN: None (0) ABSENT: Zirk ( I ) ADOPTED: December 4, 2018 Attest: Phil Dunsmore Planning Commission Secretary CITY OF ATASCADERO, CA iekf Se -ay Planning Commission Chairperson EXHIBIT A: Conditions of Approval SBDV 18-0092 / AT 18-0123 Conditions of Approval Timing Tentative Parcel Map FM: Final Map SP: Building Permit 11885 Halcon Road FO: Final Occupancy SBDV 18-0092 / AT 18-0123 Planning Services 1. The appeal period is fourteen (14) days following the Planning Commission approval as set forth Ongoing 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 no sooner than December 4, 2020, consistent with Section 66452.6(a)(1) of the California Subdivision Map Act, 3. 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. 4. 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. 5. 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. 6. The access easement serving parcel 045-401-013 to the east shall be a minimum of 25 -feet in FM width and shall be demonstrated at final map that a 20 -foot paved road with 2 foot shoulders can be accommodated. 7. A biology report will be required to be submitted with any residential building permit where construction will take place during the spring months. 8. Trees shall be installed along the Halcon Rd frontage concurrently with any building permit for a residence on proposed Parcel 1 and 2. Trees shall be a maximum of 35 -feet on center. Natural tree groupings shall be permitted provided no less than the number of trees required at a 35 -foot spacing are installed. 9. Affordable Housing Requirement: The applicant shall submit a payment of 5% of the building valuation for each residential unit to be placed into the City's inclusionary housing fund. Payment shall be required prior to building permit issuance. 10. The emergency services and facility maintenance costs listed below shall be 100% funded by the project in perpetuity. The service and maintenance costs shall be funded through a Community Facilities District (CFD) established by the City at the developer's cost. The funding mechanism must be in place prior to or concurrently with acceptance of the final maps. The funding mechanism shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any final map. The administration of the above mentioned funds shall be by the City. Developer agrees to participate in the Community Facilities District and to take all steps reasonably required by the City with regard to the establishment of the district and assessment of the property. ■ All Atascadero Police Department service costs to the project. Conditions of Approval Timing Tentative Parcel Map FM: Final Map BP Buiding Permit 11885 Halcon Road FO: Fin Occupancy SBDV 18-0092 / AT 18-0123 ■ All Atascadero Fire Department service costs to the project. ■ Off-site common City of Atascadero park facilities maintenance service costs related to the project. 11. All subdivision maintenance costs listed below shall be 100% funded by the project in perpetuity. The service and maintenance cost shall be funded through a Homeowners Association established by the developer subject to City approval. The Homeowners Association must be in place prior to, or concurrently with, acceptance of any final maps. The Homeowners Association shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any Final Map. The administration of the above mentioned funds, and the coordination and performance of maintenance activities, shall be the responsibility of the Homeowners Association. a) All streets, bridges, sidewalks, streetlights, street signs, roads, emergency access roads, emergency access gates, and sewer mains within the project. b) All parks, trails, recreational facilities and like facilities. c) All open space and native tree preservation areas. d) All drainage facilities and detention basins. e) All creeks, flood plains, floodways, wetlands, and riparian habitat areas. f) All common landscaping areas, street trees, medians, parkway planters, manufactured slopes outside private yards, and other similar facilities. g) All frontage landscaping and sidewalks along public streets 12. Prior to issuance of building permits for any residential unit, the applicant shall pay their fair share toward improvements at the US 101/Santa Barbara interchange based on the City approved cost estimate of 6.5 million for the build -out improvements, not to exceed $8,000 per unit. Engineering GENERAL Ongoing 1. Public improvement plans (PIPs) shall be prepared by a licensed civil engineer. PIPs shall be prepared on 24"x36" plan sheets, shall use the City Standard border and signature block, and shall comply with Section 2 of City Standard Specifications. 2. The Applicant is responsible for all rights-of-way acquisitions and associated costs. PARCEL MAP FM 1. Prior to recording the Parcel Map, the Applicant shall have the map reviewed by the public utility providers for power, telephone, gas, cable TV, and the Atascadero Mutual Water Company. The Applicant shall obtain a letter from each utility company stating that the easements and rights-of-way shown on the map for public utility purposes are acceptable. 2. Documents to be recorded concurrently with the Parcel Map (e.g.: off-site rights-of-way dedications, easements not shown on the map, agreements, etc.) shall be listed on the certificate sheet of the map. 3. The City of Atascadero may require an additional map sheet for information purposes in accordance with the Subdivision Map Act. Conditions of Approval Timing Tentative Parcel Map FM: Final Map eP Building Permit 11885 Halcon Road FO: Final Occupancy SBDV 18-0092 / AT 18-0123 EASEMENTS FM 1. A 6 -feet wide Public Utility Easement (PUE) shall be dedicated contiguous to the road rights-of-way. 2. Road slope easements shall be dedicated where the road prism cut/fill slopes extend beyond the right-of-way. The easement shall extend not less than five feet (horizontally) beyond any daylight or catch line of the graded slope or other required road facility (such as a brow ditch, retaining wall, drainage swale, etc.), to the satisfaction of the City Engineer. 3. Common driveway easements shall include ingress/egress, public & private utilities, and drainage, to the satisfaction of the City Engineer. 4. Wherever an easement is created for commonly owned or operated improvements for the benefit of more than one lot, there shall also be created a maintenance and operations agreement, to the satisfaction of the City Engineer and City Attorney. 5. Easements that are not intended to continue in perpetuity shall not be shown on the Final Map and shall be recorded by separate instrument. OFF-SITE ROAD IMPROVEMENTS 1. The Applicant shall extend Via Milagro into the subject property and terminate the FM roadway in a cul-de-sac, to the satisfaction of the City Engineer. 2. A 10 -feet wide combination pedestrian & bicycle trail shall be designed and constructed within the old alignment of the Halcon Rd right-of-way. The trail shall connect to the existing paved trail in Tract 3078 and shall extend northeasterly within the right-of-way (on the southeasterly side of the existing basin) and shall terminate at the northerly property line of the subject property. ON-SITE ROADWAYS FM/BP 1. The new cul-de-sac and road connection to Via Milagro shall be completed prior to recordation of the Parcel Map, or, bonded for in accordance with the City of Atascadero Municipal Code and the Subdivision Map Act. 2. The retaining wall supporting the new cul-de-sac shall be located beyond the cul-de-sac right-of-way. A slope and retaining wall easement shall be dedicated on the Parcel Map, to the satisfaction of the City Engineer. 3. The horizontal and vertical design of roads shall be in compliance with the City of Atascadero Engineering Standards and Standard Specifications, to the satisfaction of the City Engineer. The City Engineer reserves the right to make modifications to all submitted road designs, when in the opinion of the City Engineer, the public's health and safety is benefitted. 4. The design of structural pavement sections shall be based on a Traffic Index (TI) = 5.5 and a 50 -year design life. New roads with pavement placed prior to the construction of buildings will be subjected to additional construction traffic and wear associated with the on-site construction not included in the design life of the pavement section. Therefore to off -set this, the AC Conditions of Approval Timing Tentative Parcel Map FM: Final Map BP'. Building Permit 11885 Halcon Road FO: Final Occupancy SBDV 18-0092 / AT 18-0123 thickness shall be increased from that which is derived from Caltrans method by either: • 1" if the pavement is placed prior to building construction (not phased). • 1.5" if the pavement construction is phased (i.e. — a portion of the ultimate pavement thickness is deferred and a final pavement cap placed prior to final inspection). Final pavement cap shall not be less than 1.5". 5. A street centerline monument shall be provided in the Cul-de-sac in accordance with City Standard Specifications and Drawings. 6. The existing driveway connection to Viejo Camino shall be removed and rerouted to connect to the new Via Milagro cul-de-sac. 7. Prior to recordation of the Parcel Map, the Applicant shall either: a. Establish a benefit maintenance assessment district, or similar funding mechanism approved by the City, to provide sufficient funds on an annual basis to pay for the operation, maintenance and future replacement of the internal cul-de-sac, or, b. Annex into the adjacent southerly property Home Owners' Association (HOA) (Tract 3078). 8. Pavement and base sections shall be designed and constructed in accordance with the City of Atascadero Engineering Standard Specifications and Drawings. When said specifications are not clear, lack necessary details, or are silent, the minimum standard shall be based upon the current edition of the San Luis Obispo County Public Improvement Standards or Caltrans Standard Drawings and Standard Specifications, as determined by the City Engineer. STORM WATER BP 1. Stormwater run-off from the proposed cul-de-sac and common driveways shall be contained within the subject property. Post -construction stormwater shall comply with the Regional Water Quality Control Board Res, No. R3-2013-0032 2. A Storm Water Pollution Prevention Plan (SWPPP) is required prior to any ground disturbing activities of one acre or more. 3. When common drainage basins (serving multiple lots) are proposed, the basins shall be designed to desilt, detain and meter storm flows in accordance with City regulations. 4. Where storm water is concentrated as a result of new improvements, the drainage shall be conveyed in a non-erosive, controlled condition to an adequate point of discharge, to the satisfaction of the City Engineer. Where concentrated drainage from new improvements cannot be avoided and crosses more than one property, easements may be required. WATER DISTRIBUTION SYSTEM BP 1. The Applicant shall extend the water distribution system to the satisfaction of the Atascadero Mutual Water Company (AMWC), Fire Marshall, and City Engineer. Conditions of Approval Timing Tentative Parcel Maly FM: Final Map BP. Building Permit 11885 Halcon Road FO: Final Occupancy SBDV 18-0092 / AT 18-0123 2. Each lot shall be served with a separate water lateral and meter in accordance with the AMWC requirements. 3. Where the water distribution system requires an above ground reduced pressure unit, pressure booster station or other significant above ground facility, said facility shall be located in an easement contiguous to the road right-of-way and shall include visual screening, to the satisfaction of the AMWC, Community Development Director, and City Engineer. 4. Fire hydrant locations shall be to the satisfaction of the Fire Marshall. WASTEWATER BP 1. Each lot shall be provided a separate sewer lateral to the public sewer main in Halcon Rd in accordance with City Standard Specifications and Drawings. Easements may be required wherever lateral(s) cross adjacent lots. UTILITIES BP 1. Each lot shall be served with separate services for water, sewer, gas, power, telephone and cable TV. Utility laterals shall be located and constructed to each lot in accordance with City Standard Specifications and Drawings.