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Home My WebLink AboutPC Resolution 2018-0036APPROVED Fc zme PC RESOLUTION 2018-0036 CITY OF ATASCADERO PLANNING RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA APPROVING SBDV18-0110 / AT 18-0128 TO ALLOW A SUBDIVISION AT 7330 & 7340 EL CAMINO REAL (APN 030-222-048) WHEREAS, an application has been received from Dynamic Atascadero Investments, 1725 1 st Street, Santa Monica, CA 90404 (Applicant & Owner) to consider a project consisting of Tentative Parcel Map AT 18-0128 to allow the subdivision of one parcel into two parcels at 7330 and 7340 El Camino Real (Parent address 7300 El Camino Real, APN (030-222-048); and, and WHEREAS, the site's current General Plan Designation is Service Commercial (SC); WHEREAS, the site's current zoning district is Commercial Service (CS); and WHEREAS, the CS zoning district does not require a minimum lot size, as stated in the Atascadero Municipal Code; and WHEREAS, the existing site has an area of 39,005 square feet (0.9 -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 December 4, 2018, studied and considered Tentative Parcel Map AT 18- 0128; and NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings of Environmental Exemption. The Planning Commission finds as follows: 1. The proposed project has been found Categorically Exempt under Class 15, Section 15315 (Minor Subdivisions) of the California Environmental Quality Act. SECTION 2. 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 Service Commercial. The zoning district is Commercial Service (CS), which has no minimum lot size. Both new parcels will remain under the Service Commercial General Plan designation. 2. The site is physically suitable for the type of development (Government Code§ 66474(c)). Fact: The lots are located along El Camino Real and are serviced by the City's sewer system. The site is surrounded by similarly -sized, commercial uses. Prior permits, including Conditional Use Permits, Design Review, and building permits, were obtained for the two buildings on the property and addressed aspects related to physical characteristics of the site. No changes to the site development design or existing uses will result from the proposed commercial subdivision. 3. The site is physically suitable for the proposed density of development (Government Code § 66474(d)). Fact: There is no minimum lot size in the Commercial Service zone. Prior permits for development of the property found the existing development density suitable for the parcel. Density will not be increased as result of the proposed commercial subdivision. 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 subdivision will primarily address ownership amongst the two buildings on the property. The two buildings on the existing commercial parcel were previously approved through the processes required for construction, including environmental review. There are no additional construction activities that are proposed with the subdivision of the existing parcel. Approval of the tentative parcel map will not cause environmental damage. 5. The design of the subdivision or the type of improvements will not cause serious health problems. (Government Code § 66474(f)), and Fact: The subdivision of this property will not cause any serious health problems. Site improvements were previously reviewed and permitted prior to submittal of the tentative parcel map, and those improvements 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: The project is conditioned to show all easements for shared access, shared parking, and any utilities that cross the property line on the Final Parcel Map prior to recordation. 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), and Fact: The site has been previously developed and public improvements previously installed. The Habit Restaurant is currently under construction on Parcel 2. The issued building permits show some improvements and landscape that will be installed on Parcel 1 as part of the current construction. A condition has been included that those improvements and landscape are either installed prior to the recording of the Final Parcel Map, or that an easement be recorded with the Final Map to allow installation of improvements on Parcel I which are shown on building permits for The Habit Restaurant. SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a regular meeting assembled on December 4, 2018 resolved to approve Tentative Parcel Map AT 18-0128 subject to the following: EXHIBIT A: Notice of Exemption EXHIBIT B: Conditions of Approval EXHIBIT C: Tentative Parcel Map AT 18-0128 On motion by Commissioner Donovan, and seconded by Commissioner Dariz the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: Commissioners Anderson, Betz, Dariz, Donovan, Seay, and Wolff (6 ) NOES: None ABSTAIN: None ABSENT: Vice Chairperson Zirk ADOPTED: December 4, 2018 CITY OF ATASCADERO, CA Y/2� J6fel Seay Planning Commission Chairperson Attest: Phil Dunsmore Planning Commission Secretary (0) (0) ( 1 ) EXHIBIT A: Notice of Exemption SBDVI 8-0110 / AT 18-0128 CITYOFATASCADERO NOTICE OFEXEMPT1021V 6500 palma Avenue Atascadero, CA 93422 805.461.5000 To.. 9 File Date Adopted: December 4, 2018 FROl1 Gallie Ta�:lor, Senior Planner City of Atascadero Comnmunity Development Department 6500 Palma Avenue Atascadero. CA 93422 SUBJECT: Filum oflXoticeo0eiemiinationin Compliance nithSection 2115 .1 o fthe Public Resources Code. Frajer! Title: SEDN718-0110 - Subdhisi-on, of Parcel at 7.330 & 7340 El Camirw Real ftmserrtatiye. Pamela 1ardini, Prate, Templeton, CA p34-65 Project Owner Utnaraic Iinvesfiments, LLC, 172.5 21st5treet, Santa b/101 ica, CA 90404 Project l..ocatinn:330 & 340 E1 Carnino Real,Atase-adero, CA 93422 (SanZuis Obispo Ccunt-V,030-2122-}48) ProjectDescription: The proposed project would subdivide the commercial property at 7330 &7340 El Camino Real into a total of two parcels. The subdivision would include parking and utilities easements for both properties. -Vam-ooLi ubiic 4ganoc &pr,ob aag Protect_ City of Atascadero Flame o0erson orAsencyCarrying OutProiect Dynamic inv,estments_ILC Exempt Status: Afro t�ial(Sg . I'M 73) El Emergency Praject(Sec. 1507 C') =A (x)) l] DeclaredEmeKemcy(Sec.15661(4)) �, GmeralRute F �ZMVOQJStc.35fl61.c) 0 Cate-g4miratlg Exanpt (SSec.15301-153»):'1938 5 Reasons whyproiectis exempt: Class 15 Categorical Exemption to the California Environmental Quality Act (CEQA Section 15 315) exempts minor land di-sisionsthatconform to the General Plan and. Zoning ordinance._ where ser-6ces and access are available. the lot has not been involved in another division mithin the pre -mous 21 ;rears and the average slope is less than 20 percent. The site is zoned for the proposed use_ The surrounding area is not environmentally sensitive and includes urban uses-%ithcut valuable habitat for threatened species. The project will not result in significant impacts tG uaEf c, noise, air quality or water quality- The project be served by existing rcads, utilities, and all necessary public services and facilities. Contact Person: CallieTayilor, Senior Planner, ctavlor@atascadero.org, (805)470-3448 Date: December4.2018 Caliie Taylor, Senicr Pl EXHIBIT B: Conditions of Approval SBDV18-0110 / AT 18-0128 Conditions of Approval Tentative Parcel Map 7330 & 7340 EI Camino Real SBDV18-0110 / AT 18-0128 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. SB6V18-0110 (Tentative Parcel Map / AT 18-0128) shall be for the subdivision of 7330 and 7340 Ongoing EI Camino Real (APN 030-222-048) as generally shown in attached Exhibit B, regardless of owner. 2. The approval of this application shall become final, subject to the completion of the conditions of Ongoing 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. 3. Approval of this Tentative Parcel Map shall be valid for a period of twenty-four (24) months and FM shall expire on December 4, 2020, consistent with Section 66452.6(a)(1) of the California Subdivision Map Act. 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. 5. 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. 6. 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. 7. Prior to recordation of the Parcel Map, the Subdivider shall pay all applicable Quimby Act fees to FM the City. 8. Parcel 2 of AT 18-0128 is currently under construction, and includes improvements, utilities, and FM landscape identified on the approved building permits which must be installed on Parcel 1. All site improvements and landscaping, including street trees, which are associated with the development and construction of Parcel 2 (The Habit Restaurant) shall either be installed on Parcel 1 prior to the recording of the Final Parcel Map, or an easement or agreement, with Ian-gua:4e to be approved by City's Community Development Director. shall be recorded with the Final Map to allow installation of improvements on Parcel 1 as shown on permits for the Habit Restaurant. Public Works FM 9. The Parcel Map shall include utility and drainage easements, as necessary, to accommodateFM existing utilities and drainage that crosses the common property line between the two new parcels. 10. A reciprocal parking and driveway easement is required to be recorded concurrently with the map. FM A common driveway and parking maintenance agreement shall be prepared by the subdivider and recorded concurrently with the Parcel Map. r Exhibit C: Tentative Parcel Map SBDV18-0110 / AT 18-0128