Loading...
HomeMy WebLinkAboutPC Resolution 2019-0030PC RESOLUTION 2019-0030 CITY OF ATASCADERO PLANNING RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THE CITY COUNCIL APPROVE A CONDITIONAL USE PERMIT (MASTER PLAN OF DEVELOPMENT) AND VESTING TENTATIVE PARCEL MAP (AT18-0111) DEV18-0124 7900 Curbaril Ave. APN 031-231-003 WHEREAS, an application has been received from Robert Mannon (PO Box 2359, Atascadero, Ca 93423), Applicant, and Owner, to consider a Planned Development zone map and text amendment, a Master Plan of Development (Conditional Use Permit), and a Vesting Tentative Parcel Map; and WHEREAS, the site's current General Plan Land Use Designation is Medium Density Residential (MDR); and WHEREAS, the site's current Zoning Designation is Residential Multi -Family (RMF -10); and WHEREAS, the Planning Commission has recommended that the City Council approve a Planned Development 36 overlay zoning district on the subject property; and, WHEREAS, the PD36 requires the adoption of a Master Plan of Development, approved in the form of a Conditional Use Permit; 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 Master Plan of Development and Vesting Tentative Tract Map was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Master Plan of Development; and WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing, studied and considered the proposed Conditional Use Permit (Master Plan of Development) and the proposed the Vesting Tentative Parcel Map (AT 18-0111). NOW, THEREFORE, BE IT RESOLVED, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Recitals: The above recitals are true and correct. SECTION 2. Public Hearing. The Planning Commission of the City of Atascadero, at a Public Hearing held on October 15, 2019, considered the proposed project. SECTION 3. Facts and Findings. The Planning Commission makes the following findings, determinations and approvals with respect to the Conditional Use Permit and Vesting Tentative Parcel Map: A. Findings for Approval of a Conditional Use Permit FINDING: The proposed project or use is consistent with the General Plan FACT: The proposed project is consistent with General Plan Land Use Circulation and Housing Element Policies. Application of the PD36 overlay zone allows for development standards to be established through a Master Plan of Development. The proposed project is consistent with the Zoning Ordinance and the PD36 overlay zone as proposed. FINDING: The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) including provisions of the PD36 Overlay Zone FACT: The Planned Development 36 overlay allows for development standards to be established through a Master Plan of Development. The proposed project is consistent with the Zoning Ordinance and the PD36 as proposed. FINDING: The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use. FACT: The proposed residential use will not be detrimental to the health, safety, or welfare of the general public or persons residing in the neighborhood. A residential use is consistent with the surrounding neighborhood The Planned Development overlay language and City development standards will ensure that pedestrian and vehicular access conditions are designed in a manner which does not create ongoing safety concerns. FINDING: The proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development. FACT: The proposed residential use is consistent with surrounding residential and commercial uses. FINDING: The proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. FACT: The proposed single-family residences will not generate significant and unavoidable impacts to traffic. The project will contribute City TIF fees toward the US 101 interchanges. All abutting public roads will be improved to City standard. FINDING: The proposed project is in compliance with any pertinent City policy or criteria adopted by ordinance or resolution of the City Council, including the City's Appearance Review Manual and the Inclusionary Housing Policy. FACT: The proposed project was reviewed by the Design Review Committee and was found to comply with all standards of the City's Appearance Review Manual. The project is proposing to comply with the City's interim Inclusionary Housing Policy. FINDING: The Master Plan of Development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area. FACT: The PD36 allows for small lot single-family developments within the multi -family zoning district providing flexibility in ownership and product type throughout the City. FINDING: Benefits derived from the Master Plan of Development and PD36 Overlay Zone cannot be reasonably achieved through existing development standards or processing requirements. FACT: The Planned Development 36 overlay text modifies standard development requirements to allow for a small lot single-family development with individual lot ownership. City Council Planned Development Policy requires project benefits such as affordable inclusionary housing, pocket parks, and high-quality landscape and architecture in exchange for modified development standards. As conditioned, the project satisfies these requirements. B. Findings for Approval of Vesting Tentative Tract Map (AT18-0111) FINDING: The proposed subdivision, design and improvements as conditioned, are consistent with the General Plan and applicable zoning requirements, including provisions of the PD36 overlay district. FACT: The proposed amendments are consistent with General Plan Land Use Circulation and Housing Element Policies. The Planned Development 36 overlay allows for development standards to be established through a Master Plan of Development. The proposed project is consistent with the Zoning Ordinance and the PD36 as proposed for amendment. FINDING: The proposed subdivision, as conditioned, is consistent with the proposed Planned Development Overlay District 436 Master Plan of Development. FACT: The subdivision is consistent with the currently proposed Master Plan of Development. FINDING: The site is physically suitable for the type of development proposed. FACT: The site has minimal slope. The site has been designed to accommodate the proposed residential units and associated site improvements including drainage. FINDING: The site is physically suitable for the density of development proposed. FACT: The site is located along Curbaril near to the intersection with Morro Rd / Highway 41. The surrounding uses include multi -family and commercial. The maximum density of the site is 10 du/ac which could accommodate a total of 6 residential units. A total of 4 units are proposed. FINDING: The design and improvement of the proposed subdivision will not cause substantial environmental damage or substantially and unavoidably injure fish and wildlife or their habitat. FACT: The proj ect biologist confirmed that no sensitive species or environmental features exist on the property. FINDING: The design of the subdivision or the type of improvements will not cause serious health problems. FACT: The design of the subdivision or the type of improvements will not cause serious health problems. FINDING: The design of the subdivision will not conflict with easements acquired by the public at large for access through, or the use of property within, the proposed subdivision; or substantially equivalent alternative easements are provided. FACT: The site is private property and no easements for public use exist at this time. FINDING: Covenants, Conditions and Restrictions (CC&R's) or equivalent shall be required that incorporate the Master Plan of Development conditions of approval to ensure that the site retains the proposed qualities (architecture, colors, materials, plan amenities, fencing, and landscaping) over time. FACT: A condition of approval has been included in the attached resolution, requiring CC&R's be recorded concurrently with the final map. FINDING: The proposed subdivision design and type of improvements proposed will not be detrimental to the health, safety or welfare of the general public. FACT: The proposed residential use will not be detrimental to the health, safety, or welfare of the general public or persons residing in the neighborhood. A residential use is consistent with the surrounding neighborhood. The Planned Development overlay language and City development standards will ensure that pedestrian and vehicular access conditions are designed in a manner which does not create ongoing safety concerns. SECTION 4. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on October 15, 2019, resolved to recommend the City Council approve a master plan of development and vesting tentative parcel map consistent with the following: EXHIBIT A: Vesting Tentative Parcel Map (AT18-0111) EXHIBIT B: Conditions of Approval EXHIBIT C: Master Plan of Development SECTION 5. CEQA. The proposed project is Categorically Exempt (Class 15) from the provisions of the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA") and CEQA Guidelines (Title 14 California Code of Regulations §§ 15000, et seq.) CEQA pursuant to CEQA Guidelines Section 15315, which exempts minor subdivisions of land. 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 Commissioner Anderson, and seconded by Commissioner Wolff, 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 ABSENT: None ABSTAINED:None ADOPTED: October 15, 2019 ATTEST: Phil Dunsmore Planning Commission Secretary CITY OF ATASCADERO, CA Tom Zirk Planning Commission Chairperson EXHIBIT A: Tentative Parcel Map DEV18-0124 EXHIBIT B: Conditions of Approval DEV18-0124 Conditions of Approval / Timing Responsibility /Monitoring Mitigation Monitoring Program FM: Final Map Curbaril Residential Planned Development BP: Building Permit F0: Final Occupancy IP: Improvement Plans PS: Planning Services BS: Building Services FD: Fire Department DEV18-0124 FI: Final Improvement Inspection PD: Police Department CE: City Engineer CA: City Attorney 7900 Curbaril Ave. Planning Services 1. The approval of this use permit shall become final and effective Ongiong PS for the purposes of issuing building permits thirty (30) days following the City Council approval of the Establishment of PD36 upon second reading, unless prior to that time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. 2. The Community Development Director shall have the authority BP/FM PS, CE to approve minor changes to the project that remain in substantial conformance to the approved Master Plan of Development. Such changes may include, but are not limited to, building alterations and/or architectural changes, site placement of structures, landscape modifications, and construction design issues that do not substantively affect the Master Plan of Development. The DRC shall make a recommendation to the Community Development Director related to any proposed architectural design changes not in keeping with the architectural style approved by this resolution. The Planning Commission shall have the final authority to approve any changes to the Master Plan of Development and any associated Tentative Maps deemed to be substantive by the Community Development Director. 3. Approval of this Conditional Use Permit shall be valid for the life Ongoing PS of the Tentative Map. 4. The applicant shall defend, indemnify, and hold harmless the Ongoing PS 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 ■ All project development shall be in conformance with the BP PS attached exhibits with the following modifications: Conditions of Approval / Timing Responsibility /Monitoring Mitigation Monitoring Program FM: Final Map Curbaril Residential Planned Development BP: Building Permit F0: Final Occupancy IP: Improvement Plans PS: Planning Services BS: Building Services FD: Fire Department DEV18-0124 FI: Final Improvement Inspection PD: Police Department CE: City Engineer CA: City Attorney 7900 Curbaril Ave. ■ The parking court shall be colored or stamped concrete in areas not designated as pavers in compliance with PD -25 standards. ■ Stucco be hand troweled smooth finish ■ Windows be high quality materials, not vinyl. ■ Roofing be architectural grade dimensional composition shingles. ■ A darker integral stucco color for color scheme A and tying the units together by using the same window and garage color for all 4 units ■ Use of historic color palettes for complimentary and accent colors ■ Concrete pads & access gates shall be installed for trash storage ■ Retaining walls shall be dark color split face block 5. Affordable Housing Requirement: The applicant shall submit a GP/BP PS, CA payment of 5% of the building valuation for each residential unit to be placed into the City's inclusionary housing fund. Payment shall be required prior to building permit issuance. 6. The emergency services and facility maintenance costs listed BP PS below shall be 100% funded by the project in perpetuity. The service and maintenance costs shall be funded through a community facilities district established by the City at the developer's cost. The funding mechanism must be in place prior to or concurrently with acceptance of the final maps. The funding mechanism shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any final map. The administration of the above mentioned funds shall be by the City. Developer agrees to participate in the community facilities district and to take all steps reasonably required by the City with regard to the establishment of the district and assessment of the property. ■ All Atascadero Police Department service costs to the project. ■ All Atascadero Fire Department service costs to the project. Conditions of Approval / Mitigation Monitoring Program Curbaril Residential Planned Development DEV18-0124 7900 Curbaril Ave. Timing FM: Final Map BP: Building Permit F0: Final Occupancy IP: Improvement Plans FI: Final Improvement Inspection Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer CA City Attorney • Off-site common City of Atascadero park facilities maintenance service costs related to the project. 7. All tract maintenance costs listed below shall be 100% funded by BP PS the project in perpetuity. The service and maintenance cost shall be funded through a Home Owners Association established by the developer subject to City approval. The Home Owners Association must be in place prior to, or concurrently with acceptance of any final maps. The Home Owners Association shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any Final Map. The administration of the above mentioned funds, and the coordination and performance of maintenance activities, shall be the responsibility of the Home Owners Association. a) All streets, bridges, sidewalks, streetlights, street signs, roads, emergency access roads, emergency access gates, and sewer mains within the project. b) All parks, trails, recreational facilities and like facilities. c) All open space and native tree preservation areas. d) All drainage facilities and detention basins. e) All creeks, flood plains, floodways, wetlands, and riparian habitat areas. fl All common landscaping areas, street trees, medians, parkway planters, manufactured slopes outside private yards, and other similar facilities. g) All frontage landscaping and sidewalks along public streets Timing Responsibility Conditions of Approval / /Monitoring Mitigation Monitoring Program FM: Final Map Curbaril Residential Planned Development BP: Building Permit F0: Final Occupancy IP: Improvement Plans PS: Planning Services BS: Building Services FD: Fire Department DEV18-0124 FI: Final Improvement Inspection PD: Police Department CE: City Engineer CA City Attorney 7900 Curbaril Ave. 8. Prior to final map, the applicant shall submit CC&Rs for review by BP PS, BS the Community Development Department. The CC&R's shall record with the Final Map and shall include the following: a) Provisions for maintenance of all common areas including access, parking, street trees, fencing and landscaping. b) A detailed list of each individual homeowner's responsibilities for maintenance of the individual units. c) Individual unit's responsibility for keeping all trash receptacles within the unit's garage. d) Concurrent with recordation of CC&Rs and/or integrated into CC&Rs shall be a paragraph addressing the City's roles and responsibilities related to the administration and enforcement of any CC&R provisions. ENGINEERING CONDITIONS PROJECT SPECIFIC CONDITIONS 9. Public improvement plans (PIPs) shall be prepared by a licensed IP CE civil engineer. PIPs shall be prepared on 24"x36" plan sheets, shall use the City Standard border and signature block, and shall comply with Section 2 of City Standard Specifications. 10. The Public Improvement Plan shall provide a City Standard PI CE plan and profile for the right-of-way centerline and new top of curb. A typical road section shall be diagramed and dimensioned on the plan and profile sheet and shall show right- of-way limits, centerline, lane widths, frontage improvements, PUE easement (beyond the right-of-way), and road surface cross -gradients. The plan and profile of the existing CL and edge of road flowline shall extend a minimum of 25 -feet beyond the limits of the new improvements to adequately show continuity between existing road conditions and the new frontage improvements, to the satisfaction of the City Engineer. 11. The Public Improvement Plan shall include design sections at 25- PI CE feet stations from centerline to right-of-way. Conditions of Approval / Timing Responsibility /Monitoring Mitigation Monitoring Program FM: Final Map Curbaril Residential Planned Development BP: Building Permit F0: Final Occupancy PS: Planning Services BS: Building Services FD: Fire Department IP: Improvement Plans FI: Final Improvement Inspect on PD: Police Department DEV18-0124 CE: City Engineer CA City Attorney 7900 Curbaril Ave. 12. An engineer's cost estimate shall be prepared by a registered civil PI CE engineer (using the City's standard spreadsheet) and submitted for review and approval by the City Engineer. 13. Prior to final inspection of the subdivision improvements, the FI CE Applicant's engineer shall submit the following documents for review and approval by the City Engineer: a. Record drawings prepared by a registered civil engineer b. Material certifications c. Material and site conditions testing reports Cl. Applicant's portion of the City Engineer's Final Inspection Checklist e. Engineer of Work Certification (City form) f. Utility provider clearance letters g. Stormwater Forms: i. ATAS - SWP-1001 Engineer Certification Form ii. ATAS - SWP-1003 Owner Agent Information iii. ATAS - SWP-3001 Stormwater System O&M Agreement iv. ATAS - SWP-3002 Private Stormwater System Recorded Notice PARCEL MAP CONDITIONS 14. Prior to recording the Parcel Map, the Applicant shall have the FM CE map reviewed by the public utility providers for power, telephone, gas, cable TV, and the Atascadero Mutual Water Company. The Applicant shall obtain a letter from each utility company stating that the easements and rights-of-way shown on the map for public utility purposes are acceptable. 15. Documents required to be recorded concurrently with the FM CE Parcel Map shall be listed on the certificate sheet of the map. 16. The City of Atascadero may require an additional map sheet FM CE for information purposes in accordance with the Subdivision Map Act. EASEMENTS Conditions of Approval / Timing Responsibility /Monitoring Mitigation Monitoring Program FM: Final Map Curbaril Residential Planned Development BP: Building Permit F0: Final Occupancy IP: Improvement Plans PS: Planning Sennces BS: Building Services FD: Fire Department DEV 18-0124 FI: Final Improvement Inspection PD: Police Department CE: City Engineer CA: City Attorney 7900 Curbaril Ave. 17. A 6 -feet wide Public Utility Easement (PUE) shall be FM CE dedicated contiguous to the Curbaril right-of-way. 18. Wherever an easement is created for commonly owned or FM CE operated improvements for the benefit of more than one lot a maintenance and operations agreement shall be required, to the satisfaction of the Community Development Director and City Engineer. 19. Development improvements that modify a natural drainage FM CE course may be required to provide an easement for the benefit of upstream tributary properties to an adequate point of discharge, to the satisfaction of the City Engineer. 20. Easements that are not intended to continue in perpetuity or may FM CE be subject to future modifications shall be recorded by separate instrument concurrently with the Parcel Map and not shown or referenced on the Parcel Map. OFF-SITE ROAD IMPROVEMENTS 21. The Applicant shall construct new frontage improvements IP CE consisting of a 5 -ft wide integral sidewalk, curb and gutter, new driveway approaches with a wrap-around ADA compliant sidewalk, and widen the roadway pavement to join said frontage improvements, in accordance with City Standard Specifications and Drawings and to the satisfaction of the City Engineer. 22. Where the new frontage improvements do not join existing IP CE frontage improvement, the Applicant shall construct an asphalt ramp in accordance with San Luis Obispo County Standard No. C-7. STORM WATER 23. Post -construction stormwater shall comply with the Section 5 of BP CE the City Standard Specifications and the Regional Water Quality Control Board Res. No. R3-2013-0032. 24. The Applicant's engineer shall prepare a hydrology study for BP CE review and approval by the City Engineer. Storm water detention or retention facilities may be required. The study shall analyze the change in stormwater run-off between existing site conditions and Timing Responsibility Conditions of Approval / /Monitoring Mitigation Monitoring Program FM: Final Map BP: Building Permit PS: Planning Services Curbaril Residential Planned Development F0: Final Occupancy IP: Improvement Plans BS: Building Services FD: Fire Department DEV18-0124 A Final Improvement Inspection PD: Police Department CE: City Engineer CA City Attorney 7900 Curbaril Ave. post -development conditions and shall include design and sizing recommendations of storm water improvements to be included on the improvement plans. 25. Where storm water is concentrated as a result of new BP CE improvements, the drainage shall be conveyed in a non-erosive, controlled condition to an adequate point of discharge, to the satisfaction of the City Engineer. Where concentrated drainage from new improvements cannot be avoided and crosses more than one property, drainage easements may be required, to the satisfaction of the City Engineer. WASTEWATER 26. Each lot shall be served by a separate sewer lateral to the public BP, IP CE sewer main in Curbaril Ave in accordance with City Standard Specifications and Drawings. Easements may be required wherever lateral(s) cross adjacent lots. UTILITIES 27. Each lot shall be served with separate services for water, sewer, BP, IP CE gas, power, telephone and cable TV. Utility laterals shall be located and constructed to each lot in accordance with City Standard Specifications and Drawings and to the satisfaction of the City Engineer. EXHIBIT C: Master Plan of Development DEV18-0124 IDWAIDMICV-1, WMI, cl --.I i 1, tAL dl,4t M ou Proposed Front Elevation I Jim i i Prnflsed Back Elevatiorl Option B Proposed Side Elevation Elevation 2 PTTT�d--�' Ptaptci Front Elevation 4 Proposed Back Elavabon ,o_,�--- Proposed FirSt Floor Plan Proposed Second Flom Plan ,, li In 0 4 1000001DOO4 0 9oo 0 a•an.anaAa•u,w �i 3 s ne+N+aA•,wwsNr �+ + �� ry ij � i «.s+•�ww+.s>� 37� v �ruanr-��wiur�s�u � a N.�7 sws iuvE no : ! FF[IT I i 8 ! 1 ! i 4 i 1 i i I Y S ■ ..Jn.anaasJ.�a,a i�=3 1 f 5 nrsvmtlaasswwrYrq Ja»s.Jri>raw y3*� h � i4i t ..ecsra4.:o.n,.�s ��R �� "� zzsfE.r9'ON36Y:75YSv � d � W «+s 4.a.annn i� � �enraavm��aosr 7 B��nf� Miora ��� t� � "� � s2ijS'�2lti82lf1� ► � 3 a �II L� ,y� h sv d� �. dill t r A R Ile Hp Ez p tl9�EE S. Qkk �S yyr i�}•� _asa «aK d $ � 4p 5�8 's €€ J d It rMnt>nayssvu�> Y! t ' rro�avaan000rx � o� 8�B,� l+ 1 - sails �naysan� ; : 4 a U A INSV _IX, w in I Xs 4