The URL can be used to link to this page

Home My WebLink AboutPC Resolution 2019-0024APPROVEN PC RESOLUTION 2019-0024 CITY OF ATASCADERO PLANNING RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING SBDV 19-0024 / TENTATIVE PARCEL MAP AT 19-0017 TO ALLOW A SUBDIVISION AT 9040 SAN DIEGO ROAD (APN 041-321-004) (Whitaker) WHEREAS, an application has been received from Skip Touchon (Applicant), P.O. Box 777, Templeton, CA 93465, and Arnold & Susan Whitaker, 9040 San Diego Road, Atascadero, CA 93422 (Owners) to consider Tentative Parcel Map AT 19-0017 to allow the subdivision of one parcel into two parcels at 9040 San Diego (APN 045-431-004); and WHEREAS, the site has a General Plan Designation of Rural Estate (RE); and WHEREAS, the site is in the Residential Suburban (RS) zoning district; and WHEREAS, the minimum lot size within the Residential Suburban (RS) zoning district ranges between 2.5 and 10 acres (gross) for new subdivisions, consistent with the Atascadero Municipal Code; and WHEREAS, the minimum lot size for the subject lot is 2.7 acres (gross); and WHEREAS, the original lot is 9.86 acres in gross area; and WHEREAS, the existing single-family residence, garage and shop located on the proposed Parcel 1 were permitted by the City in 2004; and WHEREAS, the existing single-family residence located on the proposed Parcel 2 is unpermitted; 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 October 1, 2019, studied and considered Tentative Parcel Map AT 19-0017. NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings for approval of Tentative Parcel Man AT 19-0017. 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 Rural Estate with minimum lot size between 2.5 and 10 gross acres for properties in the Residential Suburban (RS) zoning district. The subject site has a minimum lot size of 3 gross acres. The lots created will be 6.86 -acres and 3 acres (gross), respectively. They will also have a General Plan designation of RE. General Plan Land Use, Open Space and Conservation (LOS) Element Policy 8.2 is to establish and maintain setbacks for creekside development. 2. The site is physically suitable for the type of development (Government Code§ 66474(c)). Fact: the proposed lot has a slope of 18% percent and received a "Well suited" septic suitability after percolation testing was done on the property. 3. The site is physically suitable for the proposed density of development (Government Code § 66474(d)). Fact: The proposed lots are 6.86 -acres and 3 -acres in size. The property owners may still develop their property but would likely see obstacles related to the physical and natural features of the property. 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: Two blue line creeks run through the property according to data from the United States Geographical Survey. Aerial photography suggests that these are ephemeral drainages which serve primarily for storm water drainage with no additional wildlife. 5. The design of the subdivision or the type of improvements will not cause serious health problems. (Government Code § 66474(f)). Fact: No new construction is proposed. 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: San Diego Road will remain unchanged. The Subdivider is required to dedicate the southeasterly 25 -feet (more or less) of the subject property for public roadway purposes, to the satisfaction of the City Engineer. The dedication shall produce 45 -feet wide right-of-way for La Paz Lane adjacent to the subject property. The Subdivider shall dedicate a 6 -feet wide Public Utility Easement (PUE) contiguous to the road rights-of-way on La Paz Lane and San Diego Rd. New easements will not affect existing easements. SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on October 1, 2019, resolved to approve Tentative Parcel Map AT 19-0017 (SBDV 19-0024), subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Tentative Parcel Map On motion by Commissioner van den Eikhof, and seconded by Commissioner Keen the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: Keen, van den Eikhof, Wolff, Dariz (4) NOES: None (0) ABSTAINED:None (0) ABSENT: Zirk, Shaw, Anderson (3) ADOPTED: October 1, 2019 CITY OF ATASCAD O Mark Dariz Planning Commission Vice Chairperson Attest: Phil Dunsmore Planning Commission Secretary EXHIBIT A: Conditions of Approval SBDV 19-0024 Conditions of Approval Timing Tentative Parcel Map BL: Business License 9040 San Diego Road FM: Final Map GP: Grading Permit SBDV 19-0024 A: Final BuildingPermit FI: Final Inspection TO: Temporary Occupancy F0: Final Occupancy Planning Services 1. SBDV 19-0024 (Tentative Parcel Map AT 19-0017) shall be for the subdivision of 9040 San Diego Ongoing Road and 9081 La Paz Lane; Lot 21, Block 66, Atascadero Colony, recorded in Map Book 3AC, Page 98 in the County of San Luis Obispo, State of California (Assessor's Parcel Number 054-431- 004), as generally shown in attached Exhibit B, regardless of owner. 2. The appeal period is fourteen (14) days following the Planning Commission approval unless prior Ongoing 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 shall FM expire on October 1, 2021, 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 FM California Subdivision Map Act. Any requested map extension 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 FM 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 either remove all accessory uses from FM Parcel 2 or convert the existing workshop/storage building into a dwelling unit, as permitted by Atascadero Municipal Code Chapter 9-5, California Government Code 65852,150 and 65852.2, and to the satisfaction of the City Building Official. The residence shall become the primary use on Parcel 2 after the Parcel Map is recorded. 8. 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. 9. 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. Engineering 9. Documents that the City of Atascadero requires to be recorded concurrently with the Map (e.g.: BP easements not shown on the map, common driveway agreements, etc.) shall be listed on the certificate sheet of the map. Conditions of Approval Timing Tentative Parcel Map BL: Business License 9040 San Diego Road FM: Final Map GP: Grading Permit SBDV 19-0024 Fl: Building Permit FI: Final Inspection TO: Temporary Occupancy F0: Final Occupancy 10. The City of Atascadero may require an additional map sheet for information purposes in FM accordance with the Subdivision Map Act. 11. La Paz Lane between Atascadero Ave and the subject property is a 50 -feet wide right-of-way. FM A small portion of the southerly corner of the subject property was previously dedicated as a 25 - feet wide public right-of-way. La Paz Lane, northeasterly of the subject property, is a 40 -feet wide right-of-way. Dedication of right-of-way across the subject property will complete the La Paz Lane right-of-way. Therefore, the Subdivider shall dedicate the southeasterly 25 -feet (more or less) of the subject property for public roadway purposes, to the satisfaction of the City Engineer. The dedication shall produce 45 -feet wide right-of-way for La Paz Lane adjacent to the subject property. 12. The Subdivider shall dedicate a 6 -feet wide Public Utility Easement (PUE) contiguous to the FM road rights-of-way on La Paz Lane and San Diego Rd. 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 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. Fire hydrant locations shall be to the satisfaction of the Fire Marshal. FM 16. Prior to recordation of the Parcel Map, the Subdivider shall provide field verification of the FM location of the leach fields serving the existing structures. In the case where a portion of either leach system extends beyond the limits of the proposed parcel boundaries, appropriate easements shall be prepared and submitted to the City Engineer for review and approval. Said easement may be required to include a 100 percent leach field expansion area if an expansion area cannot be accommodated within the same lot as the building it serves. 17. Prior to recordation of the Parcel Map, the Subdivider shall submit a percolation test for the new FM parcel. I + k Exhibit B: Tentative Parcel Map SBDV 19-0024