HomeMy WebLinkAboutPC Resolution 2019-0007PC RESOLUTION 2019-0007
CITY OF ATASCAI. EEO
PLANNING
RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF ATASCADERO, CALIFORNIA, APPROVING
SBDV18-0150 / TENTATIVE PARCEL MAP AT 18-0116
TO ALLOW A SUBDIVISION AT 8559 AND 8565 SANTA ROSA ROAD
(APN 056-301-008 AND 056-301-009)
(AIELLO and SPENCER)
WHEREAS, an application has been received from Greg Aiello, 8559 Santa Rosa Road,
Atascadero, CA 93422 (Applicant and Owner) and Brett Spencer, 8565 Santa Rosa Road,
Atascadero, CA 93422 (Owner) to consider Tentative Parcel Map AT 18-0116 to allow the
subdivision of two parcels into four parcels at 8559 and 8565 Santa Rosa (APN 056-301-008 and
056-301-009); and
WHEREAS, the site has a General Plan Designation of Single -Family Residential (SFR -
Y); and
WHEREAS, the site is in the Residential Single -Family (RSF-Y) zoning district; and
WHEREAS, the minimum lot size within the RSF-Y zoning district is 1 acre (gross) for
new subdivisions, consistent with the Atascadero Municipal Code; and
WHEREAS, the total gross area of the original lots is 180,180 square feet (4.2 acres);
and
WHEREAS, where 4 or more lots are served by a single access way, a road is required
consistent with the Atascadero Municipal Code; 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 subdivision is exempt from the California Environmental Quality Act
(CEQA) as a Class 15 exemption for minor land divisions; 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 May 7, 2019, studied and considered Tentative Parcel Map AT 18-0116.
NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the
following actions:
SECTION 1. Recitals. The Planning Commission finds the above recitals are true and
correct.
SECTION 2. CEQA. The Planning Commission finds the project is exempt from the
California Environmental Quality Act (CEQA), Public Resources Code Section 21000 et.seq. as
a Class 15 exemption, because it is a parcel map in a residential zoning district in an urbanized
area that needs no exceptions from the Atascadero Municipal Code. Services and access are
available to the flat lots. The parcels have not been involved in another subdivision in the
previous 2 years.
SECTION 3. Findings for approval of Tentative Parcel Mau AT 2018-0116. 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 §§ 66474(a) and
(b))•
Fact: The General Plan designation for the site is Single -Family Residential with a 1 -acre
minimum lot size. The lots created will be at least 1 -gross acre in size.
2. The site is physically suitable for the type of development (Government Code§
66474(c)).
Fact: The site is flat and has little vegetation except non-native annual grasslands and planted
landscapes associated with existing residences.
3. The site is physically suitable for the proposed density of development (Government
Code § 66474(d)).
Fact: The proposed lots are flat and large enough to accommodate single family residences
and associated accessory structures and uses. The native soil in the subdivision has a slow
percolation rate, which currently results in occasional standing water on the site. The parcels
are of sufficient size to provide adequate space for onsite stormwater management required
for the addition of impervious surfaces on the lots.
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)).
Fact: The property is surrounded by residential uses and does not have defined natural
drainage channels or significant habitat value.
5. The design of the subdivision or the type of improvements will not cause serious
health problems. (Government Code § 66474(f)).
Fact: Future construction will be limited to uses allowed in the single-family zoning districts,
which do not include heavy commercial or industrial uses. New dwelling units 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)).
Fact: The existing shared driveway will be improved and will benefit all adjoining property
owners. The road dedication will replace access easements, but will benefit all adjacent
property owners.
7. Non -perpendicular property line: The proposed configuration better suits the planned design
of the development to allow the angled property line.
Fact: The proposed subdivision contains existing improvements that necessitate placement of
the property line at a skewed angle from the road. The proposed parcel boundary is
appropriate based on existing improvements and will not cause future detriment to the
surrounding properties or neighborhood.
SECTION 4. Approval. The Planning Commission of the City of Atascadero, in a
regular session assembled on May 7, 2019, resolves to approve Tentative Parcel Map AT 18-
0116 (SBDV 18-0150), subject to the following:
EXHIBIT A: CEQA Notice of Exemption
EXHIBIT B: Conditions of Approval
EXHIBIT C: Tentative Parcel Map AT 18-0116
On motion by Commissioner Beraud, and seconded by Commissioner Wolff, the foregoing
resolution is hereby adopted in its entirety by the following roll call vote:
AYES: Anderson, Beraud, van den Eikhof, Wolff, Dariz (5)
NOES: None (0)
ABSENT: Zirk, Shaw (2)
ABSTAINED: None (0)
ADOPTED: May 7, 2019
CITY OF ATASCADERO, CA
ark Dariz
Planning Commission Vice Chairperson
Attest:
Phil Dunsmore
Planning Commission Secretary
EXHIBIT A: CEQA Notice of Approval
SBOV18-0150
A'
CITY OF A TASCADERO
NOTICE OF EXEMPTION
6500 Palma Avenue Atascadero, CA 93422 805.461.5000
TO: Atascadero Planning
,! Commission
Atascadero City Council
FROM: Katie Banister, Associate Planner
City of Atascadero
Community Development Department
6500 Palma Avenue
Atascadero, CA 93422
Date Adopted: Apri I 11, 2018
SUBJECT: Filing, of Notice of Determination in Compliance with Section 21152.1 of the Public Resources Code.
PLoject Title SBDV18-0150, Tentative Parcel Map AT 18-0116
Proiect Owner: Greg Aiello, 8559 Santa Rosa Road, Atascadero, CA 93422
Brett Spencer, 8565 Santa Rosa Road. Atascadcro, CA 93422
Proicet Location: 8559 and 8565 Santa Rosa Road. Atascadero, CA 93422 (San Luis Obispo County, 056-301-
008
56-301-008 and 056-301-009)
Project Description: The proposed project is the subdivision of two residential parcels into four residential
parcels. The project would include an offer to dedicate a 20 -foot wide right-of-way.
Name of Public Agency Approving PWiect City of Atascadere
Nanic of Person or 6.Lvncv Carrying Out Project Greg Aiello, property owner.
Exempt Status:
❑ Mini.sterial (Scv. 15073) ❑ UneWncy Pmjw (Sec. 1507 (b) and (c))
❑ DeclamA Unergency (Sce. 15061 (a)) ❑ Ckne-ral Rule Exemption (Sec:. 15061.c)
Cate-gorically Fxctrpt (Sec. 15.301-15333):15315
Reasons why Woject is exgmRt.
The project qualifies for a Class 15 Categorical Exemption from the California Environmental Quality Act (CEQA
Guidelines Section 15301) for a minor subdivision. The exemption is applicable because the project is a parcel map
in a residential zoning district in an urbanized area. No exceptions from the Atascadero Municipal Code are required.
Services and access are available to the generally flat lots. The pamcls have not been involved in another subdivision
in the last 2 years.
Contact Person: Katie Banister, Associate Planner, kbanister @atascadcro.org, (805) 470-3480
Date: April 1), 2018 tyat-(ec—
Katie Banister, Associate Planner
EXHIBIT B: Conditions of Approval
SBDV18-0150
Conditions of Approval
Tentative Parcel Map AT 18-0116
8559 and 8565 Santa Rosa Road
SBDV18-0150
Planning Services
1. SBDV18-0150 (Tentative Parcel Map AT 18-0116) shall be for the subdivision of 8559 and
8565 Santa Rosa Road; Portions of Lot 11, Block 12, Atascadero Colony, recorded in Map
Book 3AC, Page 9A in the County of San Luis Obispo, State of California (Assessor's Parcel
Numbers 056-301-008 and 056-301-009), 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 approval, fourteen (14) days following the Planning Commission approval, unless 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
shall expire on May 7, 2021, consistent with California Government Code Section
66452.6(a)(1) (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 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,
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 the City.
8. On the final parcel map, or a separate document recorded concurrently with the final parcel
map, the owner of Parcel 1 shall record a waiver of direct access to Santa Rosa Road effective
should the City accept the offer of road dedication. The waiver shall be in a format to the
satisfaction of the City Engineer and Community Development Director.
9. Prior to or concurrently with recordation of the final map, the subdivider shall record a deed
restriction on Parcel 2 notifying future owners of the non -conforming front setback of the
residence. The recorded document shall notify owners that any future building construction
must be located outside the full front setback required by the Zoning Ordinance current at the
Conditions of Approval
Tentative Parcel Map AT 18-0116
8559 and 8565 Santa Rosa Road
SBDV18-0150
time of building permit application, including, but not limited to:
• new structures,
• additions to, or expansions of the residence, and
• the replacement of destroyed structures, as defined by the Nonconforming Uses
chapter of the Zoning Ordinance or successor code section.
10. Ongoing, any new utilities installed within the subdivision shall be placed underground.
Engineering
11. 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.
12. The City of Atascadero may require an additional map sheet for information purposes in
accordance with the Subdivision Map Act.
Right -of -Way and Easements
3. The Subdivider shall dedicate right-of-way for public road purposes sufficient to construct a
20 -feet wide public road and City Standard cul-de-sac. The right-of-way shall extend from Santa
Rosa Rd along the southwesterly boundary with the cul-de-sac centered on or about the common
property line between Parcel 2 and Parcel 3, to the satisfaction of the City Engineer. The
dedication of the cul-de-sac right-of-way shall be off -set northeasterly of the right-of-way centerline,
to the satisfaction of the City Engineer. The 20 -foot right-of-way shall continue to the northwesterly
boundary of Parcel 4 for future connection purposes but shall not be required to be constructed as
part of the map or the development of Parcels 3 or 4.
4. The Subdivider shall dedicate a 6 -feet wide Public Utility Easement (PUE) contiguous to
the new 20 -feet wide road right-of-way.
5. The Subdivider shall dedicate an easement over the existing public sewer main, to the
satisfaction of the City Engineer. The easement shall be not less than 20 -feet wide nor more
than 30 -feet wide depending upon location and depth of the sewer main. The easement shall
be off -set and centered over the sewer main, as determined by the City Engineer.
6. The Subdivider shall dedicate a 10 -feet wide public sewer easement contiguous to the
northeasterly boundaries of Parcels 2, 3, and 4, to the satisfaction of the City Engineer.
7. Easements that are not intended to continue in perpetuity shall not be shown on the
Parcel Map and shall be recorded by separate instrument.
Private Common Drive, Future Road
Conditions of Approval
Tentative Parcel Map AT 18--0116
8559 and 8565 Santa Rosa Road
SBDV78-0150
8. Prior to recordation of the Parcel Map, the Subdivider shall construct a 20 -foot wide
roadway in accordance with City Standard Drawing No. 401 and terminating said roadway in a
cul-de-sac, to the satisfaction of the City Engineer. The new road section may incorporate the
existing common driveway that exists partially on- and off-site in an existing easement to the
satisfaction of the City Engineer. The new road section shall be a center crowned roadway with
a structural pavement and base section based on a Traffic Index of 5.5. All roadway design and
construction shall be in accordance with City Standard Specifications and Standard Drawings,
and to the satisfaction of the City Engineer.
9.a The subdivider shall dedicate a private driveway easement over Parcel 3 for the benefit of
Parcel 4. The easement shall be aligned to avoid the removal of existing trees, to the
satisfaction of the City Engineer and Community Development Director.
9. b Development of Parcels 3 and 4 shall include paved driveways extending from the new
cul-de-sac and shall be designed to avoid removal of existing trees to the extent feasible, to the
satisfaction of the Community Development Director.
Stormwater
10. Development of Parcel 3 and Parcel 4 may require each parcel to be graded to create
positive conveyance of stormwater in a non-erosive manner, to the satisfaction of the City
Engineer.
Utilities
11. Each lot shall be served with separate services for water, power, telephone and cable
TV. Utility laterals shall be located and constructed to each lot in accordance with City
Standard Specifications and Drawings.
Fire Department
Prior to commencement of construction of and new structure on Parcels 3 or 4„ the subdivider
shall replace the existing wharf head hydrant located near the shared driveway with a new
hydrant with a single 4 -inch connection and two 2.5 -inch connections to the satisfaction of the
City Fire Marshal and consistent with Atascadero Mutual Water Company standards.
Prior to commencement of construction for any new residential structure, the subdivider shall
erect a master address sign board at the intersection of Santa Rosa Road and the proposed
right-of-way. The master sign board shall be designed and located to the satisfaction of the City
Building Official, City Fire Marshal, and Director of Community Development. The applicant
shall work with the existing property owners to relocate their address numbers onto this sign
board. All numbers shall be reflectorized.
Prior to recordation of the Parcel Map, the subdivider shall place individual reflectorized address
signs on the right-hand side of the driveway to each individual lot (Parcels 1-4) to the
satisfaction of the City Fire Marshal.
EXHIBIT C: Tentative Parcel Map AT 18-0116
SBDV18-0150
411
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