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HomeMy WebLinkAboutPC Resolution 2020-0006JUL 7 2020 PC RESOLUTION 2020-0006 CITY OF ATASCADEROPLANNING RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING SBDV 19-0069 / TENTATIVE PARCEL MAP AT 19-0052 ESTABLISHING THREE AIRSPACE UNITS ON ONE COMMON LOT AT 7050, 7054 & 7058 CURBARIL AVENUE (APN 031-231-019) (Winslow) WHEREAS, an application has been received from Eric Winslow (Applicant/ Owner), PO Box 6014, Atascadero, CA 93423 to consider Tentative Parcel Map AT 19-0052 to allow the three airspace condominium units on one lot at 7050, 7054 & 7058 Curbaril Avenue (031-231-019); and WHEREAS, the site has a General Plan Designation of Medium Density Residential (MDR); and WHEREAS, the site is in the Residential Multifamily (RMF -10) zoning district; 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 July 7, 2020, studied and considered Tentative Parcel Map AT 19-0052. NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings for approval of Tentative Parcel Map AT 19-0052. 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)), and Fact: The Residential Multifamily zone was established to increase density with projects such as apartments and condominiums. General Plan Land Use, Open Space and Conservation (LOS) Element Policy 1.1 aims to preserve Atascadero's rural character by increasing density near the urban core. Policy 2.1 requires that the mass and scale of multifamily projects fit in with adjacent single-family neighborhoods. The three houses are not physically connected and appear as three residences on one lot. 2. The site is physically suitable for the type of development (Government Code§ 66474(c)),and, Fact: The site is relatively flat and does not require substantial grading for development. 3. The site is physically suitable for the proposed density of development (Government Code § 66474(d)),and, Fact: The site does not require substantial grading. The density meets standards set by the General Plan and Municipal Code and allows for each unit to maintain open, outdoor space. 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)), and Fact: Atascadero Creek is approximately 500 feet away from the subject property and will not be affected by the proposed parcel map, and, 5. The design of the subdivision or the type of improvements will not cause serious health problems. (Government Code § 66474(f)), and Fact: The existing colony house will be restored and the two other units have approved building permits, which have been reviewed by the City for code compliance. 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 three units will share a common driveway. No other properties rely on this property for access. SECTION 2. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on July 7, 2020, resolves to approve Tentative Parcel Map AT 19-0052 (SBDV 2019-0069), subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Tentative Parcel Map On motion by Commissioner Zirk, and seconded by Vice Chairperson van den Eikhof the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: Anderson, Shaw, Wolff, Keen, Zirk, van den Eikhof, Dariz (7 ) NOES: None (0 ) ABSTAIN: None (0 ) ABSENT: None (0 ) ADOPTED: July 7, 2020 CITY OF ATASCADERO, CA ark Dariz Planning Commission Chairperson Attest: Phil Dunsmore Planning Commission Secretary EXHIBIT A: Conditions of Approval SBDV 19-0069 Conditions of Approval Timing Tentative Parcel Map BL: Business License 7850 Curbaril Ave. FM: Final Map GP: Grading Permit SBDV 19-0069 Fl: Building InspPerection FI: Finallnspecfion TO: Temporary Occupancy F0: Final Occupancy Planning Services 1. SBDV 19-0069 (Tentative Parcel Map AT 19-0052) shall be for the subdivision of 7850 Curbaril Ongoing Avenue; Lot 12, Block FC, Atascadero Colony, recorded in Map Book 4, Page 53 in the County of San Luis Obispo, State of California (Assessor's Parcel Number 031-231-019), 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 July 7, 2022, consistent with Section 66452.5(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. 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. 8. This map shall be for the approval of 3 airspace units on one common lot. There shall be no further Ongoing division of the property. 9. Prior to recordation of the final parcel map, the applicant shall submit a condominium plan for FM recording concurrently with the final parcel map. A qualified licensed professional shall prepare the final parcel map and the condominium plan. Engineering 9. Prior to approval of the Parcel Map, the Applicant shall have the map reviewed by the public utility providers for power, telephone, gas, cable TV, and the Atascadero Mutual Water Company. The Applicant shall provide a letter from each utility company stating that the easements and rights-of-way shown on the map for public utility purposes are acceptable. 10. Documents that the City of Atascadero requires to be recorded concurrently with the Parcel Map (e.g.: CC&Rs, easements not shown on the map, agreements, etc.) shall be listed on the certificate sheet of the map. Conditions of Approval Timing Tentative Parcel Map BL: Business License 7850 Curbaril Ave. FM: Final Map GP: Grading Permit SBDV 19-0069 Fl: Final InspPerection FI: Final Inspection TO: Temporary Occupancy F0: Final Occupancy 11. The City of Atascadero may require an additional map sheet for information purposes in accordance with the Subdivision Map Act. 12. The Parcel Map shall offer of a 6 -feet wide Public Utility Easement (PUE) contiguous to the Curbaril Avenue right-of-way. 13. Development improvements that modify a natural drainage 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. 14 The Applicant shall construct a 5 -feet wide, integral, sidewalk, curb and gutter in accordance with City Standard Specifications and Drawing. The new curb -face shall be 18 -feet off -set from the right-of-way centerline. The street shall be saw -cut at least 2 -feet from the lip of the new gutter and repaved in accordance with City Standard Specifications and Drawings. A 5:1 pavement taper shall be constructed at each end of the new frontage improvements. All new pavement shall have a structural section designed based on a Traffic Index = 6.0. 15. Where the new frontage improvements do not join existing frontage improvement, the Applicant shall construct an asphalt ramp in accordance with San Luis Obispo County Standard No. C-7. 16. The existing utility pole located at the southerly end of the new frontage improvements shall be relocated to behind the new sidewalk, or, to the satisfaction of the City Engineer. 17. All finish graded areas shall be landscaped to the satisfaction of the Community Development Director or revegetated using a native seed mixture to prevent erosion, to the satisfaction of the City Engineer. All disturbed areas shall show at least 70% of the area with vegetation started before a final site inspection is approved, or, covered with alternative erosion control materials / methods acceptable to the City Inspector. 18. Post -construction stormwater shall comply with the Section 5 of the City Standard Specifications and the Regional Water Quality Control Board Res. No. R3-2013-0032. 19. A Stormwater Control Plan is required and shall include Tier 1 and Tier 2 requirements. Prior to Occupancy Release of any structure the Applicant shall provide the following documents, to the satisfaction of the City Engineer: ATAS - SWP-1001_Engineer Certification Form ATAS - SWP-1003_OwnerAgentlnfo ATAS - SWP-1007_ Exhibit_ B_ Instructions_ SCM FORM ATAS - SWP-1008_Stormwater System Plans and Manuals ATAS - SWP-3001_Stormwater System O&M _Agreement ATAS - SW-3002—Private Stormwater System Recorded Notice 20. Where storm water is concentrated as a result of new 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. 21. Each condominium unit shall be served by a separate sewer lateral, to the satisfaction of the City Engineer 22. New utility services shall be constructed underground to each unit, to the satisfaction of the City Engineer. Conditions of Approval Timing Tentative Parcel Map BL: Business License 7850 Curbaril Ave. FM: Final Map GP: Grading Permit SBDV 19-0069 Fl: Final Ing InspPerection FI: Final lnspec6on TO: Temporary Occupancy FO: Final Occupancy 23. Each unit shall be served with separate services for water, sewer, gas, power, telephone and cable TV. Utility laterals shall be located and constructed to each unit in accordance with City Standards Specifications and Drawings.