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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 VI I N-1 W, Al Q o � Z3 ,_ t"d Q W, Al