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HomeMy WebLinkAboutPC Resolution 2019-00282-;, OC! 2019 RESOLUTION PC 2019-0028 CITY OF ATASCADERO PLANNING RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, APPROVING A ONE-YEAR TIME EXTENSION OF AN APPROVED VESTING TENTATIVE PARCEL MAP (TPM 2009-0095 / TEX 19-0068) 2055 EL CAMINO REAL (WALMART STORES, INC) WHEREAS, the applicant, Gresham Savage (representing Walmart), has applied for an extension of a Vesting Tentative Parcel Map that proposes a subdivision of 26.3 gross acres into four parcels consisting of a 19.2 acre parcel for construction of a general retail store, two (2) parcels for construction of retail / office uses, and a remaining parcel for construction of multi- family units; and WHEREAS, the City Council approved a Vesting Tentative Parcel Map on July 12, 2012; and WHEREAS, the automatic one-year Time Extension via AB 116 went into effect July 11, 2013, setting the expiration date to July 12, 2016; and, WHEREAS, the Planning Commission approved a one-year time extension on August 16, 2016, consistent with Atascadero Municipal Code Section 9-2.117(a), setting the expiration date to July 12, 2017; and, WHEREAS, the Planning Commission approved a one-year time extension on June 28, 2017, setting the expiration date to July 12, 2018; and, WHEREAS, the Planning Commission approved a one-year time extension on August, 2018, setting the expiration date to July 12, 2019; and, WHEREAS, the applicant has submitted for an additional one-year time extension for Vesting Tentative Parcel Map entitlements within the time limits required by the Subdivision Map Act; and, NOW, THEREFORE, the Planning Commission of the City of Atascadero, California, takes the following actions: SECTION 1: Findings for approval of the Time Extension: The Planning Commission makes the following findings consistent with Atascadero Municipal Code Section 9-2.117(a) FINDING: There have been no changes to the provisions of the General Plan or zoning regulations applicable to the project since the approval of the entitlement; FACT. There have been no applicable changes to the General Plan or zoning regulations since the project was entitled on July 12, 2012. All conditions of approval and required mitigation measures are to be completed by all projects within the adopted Specific Plan overlay zone (SP -2) in addition to all applicable zoning requirements and General Plan requirements. 2. FINDING: There have been no changes in the character of the site or its surroundings which affect how the standards of the General Plan or zoning regulations apply to the project. FACT. The site remains vacant. The surrounding properties have yet to develop; therefore, there have been no changes in the character or its surroundings which affect how the standards of the General Plan or zoning regulations apply to the project. 3. FINDING: There have been changes to the scope of the project since Walmart no longer intends to develop the site with a retail store and is seeking to convey the entitlements to another retail developer. FACT. The site remains vacant. The extended vacancy of the site has led to excessive weeds, refuse, an attractive nuisance and poor aesthetics. A recent fire on the site further reduced the aesthetic character of the site. Continued site maintenance and some work towards completion of project compliance would show due diligence in maintain the project approvals and towards marketing the property for new retail or other commercial interests. SECTION 2: Approval: The Planning Commission does hereby approve a one-year Time Extension of TPM 2009-0095, to expire on July 12, 2020, subject to the following ongoing conditions: 1. Walmart shall continue to move forward with a development project on the site or continue to move forward to actively seek sale of the property to another owner with similar development interests. 2. Walmart shall maintain the project site in good order, free of trash, debris, and weeds, including the removal of dead trees and excessive fire fuel and shall complete annual weed abatement as required by City ordinance. 3. Walmart shall apply for a demolition permit and remove the abandoned structure (residence) on the site within 6 months of time extension approval (prior to April 15, 2020. 4. Walmart shall remove all temporary fencing at the perimeter of the site. BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. On motion by Chairperson Zirk, and seconded by Commissioner Keen, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: Commissioners Anderson, Keen, Shaw, Wolff, van den Eikhof, Dariz, Zirk (7) NOES: None (0) ABSENT: None (0) ABSTAINED: None ADOPTED: October 15, 2019 CITY OF ATASCADERO, CA vt�M''L44 Tom Zirk Planning Commission Chairperson ATTEST: Phil Dunsmore Planning Commission Secretary (0) \\cityhall\shared\cdvlpmnt\- pins (pre 2018 projects)\- 07 pins\pin 2007-1245 - walmart\final map\tex 2019\resolution pc 2419.docx