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Planning Commission agendas and minutes may be viewed on the City's website:
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Copies of the staff reports or other documentation relating to each item of business referred to on
the Agenda are on file in the Community Development Department and are available for public
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CITY OF ATASCADERO
PLANNING COMMISSION AGENDA
REGULAR MEETING
Tuesday, July 20, 2021
6:00 P.M.
City Hall Council Chambers
6500 Palma Avenue, 4th Floor
Atascadero, California 93422
CALL TO ORDER
Pledge of Allegiance
Roll Call: Chairperson Jeff van den Eikhof
Vice Chairperson Tori Keen
Commissioner Jason Anderson
Commissioner Victoria Carranza
Commissioner Randy Hughes
Commissioner Jennifer McIntyre
Commissioner Dennis Schmidt
APPROVAL OF AGENDA
PUBLIC COMMENT (This portion of the meeting is reserved for persons wishing to
address the Commission on any matter not on this agenda and over which the
Commission has jurisdiction. Speakers are limited to three minutes. Please state your
name for the record before making your presentation. The Commission may take action
to direct the staff to place a matter of business on a future agenda.)
CONSENT CALENDAR (All items on the consent calendar are considered to be
routine and non-controversial by City staff and will be approved b y one motion if no
member of the Commission or public wishes to comment or ask questions.)
1. APPROVE THE DRAFT MINUTES OF JUNE 1, 2021
Recommendation: Commission approve the June 1, 2021, Minutes.
PLANNING COMMISSION BUSINESS
City of Atascadero Planning Commission Agenda Regular Meeting, July 20, 2021
Page 2 of 3
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@atownplanning
Scan this QR Code
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COMMUNITY DEVELOPMENT STAFF REPORTS
None
PUBLIC HEARINGS
(For each of the following items, the public will be given an opportunity to speak. After a
staff report, the Chair will open the public hearing and invite the applicant or applicant’s
representative to make any comments. Members of the public will be invited to provide
testimony to the Commission following the applicant. Speakers should state their name
for the record and can address the Commission for three minutes. After all public
comments have been received, the public hearing will be closed, and the Commission
will discuss the item and take appropriate action(s).
DISCLOSURE OF EX PARTE COMMUNICATIONS:
Prior to a project hearing, Planning Commission Members must disclose any communications they have had on any
quasi-judicial agenda items. This includes, but is not limited to, Tentative Subdivision Maps, Parcel Maps, Variances,
Conditional Use Permits and Planned Development Permits. This does not disqualify the Planning Commission
Member from participating and voting on the matter, but gives the public and applicant an opportunity to comment on
the ex parte communication.
2. AMENDMENT TO EXISTING BUILDING AT 5880 ARDILLA ROAD
The proposed project consists of the construction of an addition to an existing multi-
family building. This includes adding a 2nd story onto an existing one-story building as
well as the addition of a courtyard and community building. The project would increase
the density from 13 units to 32 units. The applicant is proposing a density bonus a nd is
requesting a parking reduction. The project is exempt from the California Environmental
Quality Act (CEQA), under Categorical Exemption § 15332, Class 32 In-Fill
Development Projects.
Ex Parte Communications:
Recommendation: The Planning Commission adopt the draft Resolution
approving amendments to Conditional Use Permit 02 -91 allowing an expansion
to an existing multi-family development up to 32 units consistent with previously
approved conditions of approval, based on findings and subject to conditions of
approval. (AMND21-0054)
COMMISSIONER COMMENTS AND REPORTS
DIRECTOR’S REPORT
ADJOURNMENT
The next regular meeting will be held on August 3, 2021, at 6:00 p.m.
Please note: Should anyone challenge in court any proposed development entitlement listed on this Agenda, that person
may be limited to raising those issues addressed at the public hearing described in this notice or in written
correspondence delivered to the Planning Commission at, or prior to, this public hearing.
City of Atascadero Planning Commission Agenda Regular Meeting, July 20, 2021
Page 3 of 3
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@atownplanning
Scan this QR Code
with your smartphone
to view the Planning
Commission Website.
City of Atascadero
WELCOME TO THE ATASCADERO PLANNING COMMISSION MEETING
The Planning Commission meets in regular session on the first and third Tuesday of each month at 6:00 p.m. at City
Hall, Council Chambers, 6500 Palma Avenue, Atascadero. Matters are considered by the Commission in the order of
the printed Agenda.
Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on
file in the office of the Community Development Department and are available for public inspection during City Hall
business hours at the Front Counter of City Hall, 6500 Palma Avenue, Atascadero, and on our website,
www.atascadero.org. All documents submitted by the public during Commission meetings that are either read into
the record or referred to in their statement will be noted in the minutes and available for review in the Community
Development Department. Commission meetings are audio recorded, and may be reviewed by the public. Copi es of
meeting recordings are available for a fee. Contact the City Clerk for more information (470-3400).
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City
meeting or other services offered by this City, please contact the City Manager’s Office or the City Clerk’s Office,
both at (805) 470-3400. Notification at least 48 hours prior to the meeting or time when services are needed will
assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or
service.
TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA
Under Agenda item, “PUBLIC COMMENT”, the Chairperson will call for anyone from the audience having business
with the Commission to approach the lectern and be recognized.
1. Give your name for the record (not required)
2. State the nature of your business.
3. All comments are limited to 3 minutes.
4. All comments should be made to the Chairperson and Commission.
5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any
other individual, absent or present.
This is when items not on the Agenda may be brought to the Commission’s attention. A maximum of 30 minutes will
be allowed for Public Comment Portion (unless changed by the Commission).
TO SPEAK ON AGENDA ITEMS (from Title 2, Chapter 1 of the Atascadero Municipal Code)
Members of the audience may speak on any item on the agenda. The Chairperson will identify the subject, staff will
give their report, and the Commission will ask questions of staff. The Chairperson will announce when the public
comment period is open and will request anyone interested to address the Co mmission regarding the matter being
considered to step up to the lectern. If you wish to speak for, against or comment in any way:
1. You must approach the lectern and be recognized by the Chairperson.
2. Give your name (not required).
3. Make your statement.
4. All comments should be made to the Chairperson and Commission.
5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any
other individual, absent or present.
6. All comments limited to 3 minutes.
If you wish to use a computer presentation to support your comments, you must notify the C ommunity Development
Department at 470-3402 at least 24 hours prior to the meeting. Digital presentations brought to the meeting should
be on a USB drive or CD. You are required to submit to the Recording Secretary a printed copy of your presentation
for the record. Please check in with the Recording Secretary before the meeting begins to announce your presence
and turn in the printed copy.
The Chairperson will announce when the public comment period is closed, and thereafter, no further public
comments will be heard by the Commission.
PC Draft Minutes of 6/1/2021
Page 1 of 3
ITEM NUMBER: 1
DATE: 7-20-21
CITY OF ATASCADERO
PLANNING COMMISSION
DRAFT MINUTES
Regular Meeting – Tuesday, June 1, 2021 – 6:00 P.M.
City Hall (Teleconference)
6500 Palma Avenue, Atascadero, California
CALL TO ORDER - 6:00 p.m.
Chairperson van den Eikhof called the meeting to order at 6:02 p.m. and Commissioner
Schmidt led the Pledge of Allegiance.
ROLL CALL
Present: By Teleconference - Commissioners Anderson, Carranza,
Schmidt, Vice Chairperson Keen and Chairperson van den Eikhof
Absent: Commissioner Randy Hughes (excused absence)
Commissioner Jennifer McIntyre (excused absence)
Vacant: None
Others Present: By Teleconference - Recording Secretary, Annette Manier
Staff Present: By Teleconference –
Community Development Director, Phil Dunsmore
Deputy Director of Economic and Community Development, Loreli Cappel
Senior Planner, Kelly Gleason
Assistant Planner, Mariah Gasch
APPROVAL OF AGENDA
MOTION: By Commissioner Schmidt and seconded by Vice
Chairperson Keen to approve the Agenda.
Motion passed 5:0 by a roll-call vote.
PUBLIC COMMENT
None
Chairperson van den Eikhof closed the Public Comment period.
1
PC Draft Minutes of 6/1/2021
Page 2 of 3
ITEM NUMBER: 1
DATE: 7-20-21
CONSENT CALENDAR
1. APPROVE THE DRAFT MINUTES OF MAY 18, 2021
Recommendation: Commission approve the May 18, 2021, Minutes.
MOTION: By Commissioner Anderson and seconded
by Commissioner Carranza to approve the
Consent Calendar.
Motion passed 5:0 by a roll-call vote.
PLANNING COMMISSION BUSINESS
None.
COMMUNITY DEVELOPMENT STAFF REPORTS
None.
PUBLIC HEARINGS
2. AMENDMENT TO DEL RIO ROAD COMMERCIAL AREA SPECIFIC PLAN
The proposed project is located at the South East corner of Del Rio Road and El
Camino Real and includes retail/commercial/mixed-use buildings, a conference
building, outdoor amphitheater, RV lodging site, hotel and relocation and
expansion of the residentially-zoned portion of the site. The project is consistent
with the previously certified EIR and subsequent addendums completed for the
Del Rio Road Commercial Area Specific Plan.
Ex Parte Communications:
Recommendation: Recommend the project move forward to the City Council for
approval. (AMND21-0020)
EX PARTE COMMUNICATIONS
Commissioner Schmidt heard this item at the Design Review Committee and read the
letters sent prior to the meeting. Chairperson van den Eikhof heard this item at the Design
Review Committee.
Planner Gleason presented the staff report, and she and Director Dunsmore answered
questions from the Commission.
PUBLIC COMMENT
The following members of the public spoke: Ted Lawton (who presented Exhibit A), Jeni
Kim, Jack Phelan, Mike Mancack, and Wade Kelley.
The following emails were read into the record by Recording Secretary Manier:
Brian Gordon Kennelly (Exhibit B)
Scott Huffman (Exhibit C)
2
PC Draft Minutes of 6/1/2021
Page 3 of 3
ITEM NUMBER: 1
DATE: 7-20-21
Chairperson van den Eikhof closed the Public Comment period.
MOTION: By Commissioner Schmidt and
seconded by Commissioner Anderson to adopt PC
Draft Resolution recommending the City Council
approve General Plan Amendments, Specific Plan
Amendments, a Zoning Map Amendment, Concept
Master Plan of Development, and Conditional Use
Permit for the Del Rio Ranch project, based on
findings and subject to conditions of approval, and
is recommending that the City Council work on
trying to provide temporary use as discussed.
Motion passed 5:0 by a roll-call vote.
COMMISSIONER COMMENTS AND REPORTS
None
DIRECTOR’S REPORT
Director Dunsmore stated that the next meeting may be cancelled because there are no
items ready for that date.
Director Dunsmore introduced Loreli Cappel, the City’s new Deputy Director of Economic
Development. Director Dunsmore and Deputy Director Cappel answered questions in
regards to future projects, especially around Sunken Gardens.
ADJOURNMENT – 8:07 p.m.
The next regular meeting is scheduled for June 15, 2021, at City Hall, Council Chambers,
6500 Palma Avenue, Atascadero.
MINUTES PREPARED BY:
____________________________
Annette Manier, Recording Secretary
Administrative Assistant
The following Exhibits are available in the Community Development Department:
Exhibit A – Presentation by Cal Coastal Communities
Exhibit B – Email from Brian Gordon Kennelly
Exhibit C – Email from Scott Huffman
3
ITEM
NUMBER:
2
DATE: 7-20-21
Atascadero Planning Commission
Staff Report – Community Development Department
Empire Apartments Addition
5880 Ardilla Rd. / USE21-0054
RECOMMENDATION(S):
Staff Recommends: The Planning Commission adopt the draft Resolution approving
amendments to Conditional Use Permit 02-91 allowing an addition to add 19 units to the
existing 13-unit apartment building for a total of 32-units consistent with a previously
approved project based on findings and subject to conditions of approval.
Project Info In-Brief:
PROJECT
ADDRESS: 5880 Ardilla Road Atascadero, CA APN 030-481-019
PROJECT
PLANNER
Mariah Gasch
Assistant Planner 470-3436 mgasch@atascadero.org
PROPERTY
OWNER Arris Studio Architects
GENERAL PLAN
DESIGNATION:
ZONING
DISTRICT:
SITE
AREA EXISTING USE PROPOSED USE
High Density
Residential (HDR)
Residential
Multi-Family
(RMF-24)
1.10
acres
Multi-Family
Residence
Expanded multi-family
residence
ENVIRONMENTAL DETERMINATION
☐ Environmental Impact Report SCH: ___________________________
☐ Negative / Mitigated Negative Declaration No. ___________
☒ Categorical Exemption CEQA – Guidelines Section 15332
☐ Statutory Exemption §§ 21000, et seq & ________________________
☐ No Project – Ministerial Project
4
ITEM 2 | 7/20/2021
Conditional Use Permit
AMND21-0054/ Arris Studio Architects
DISCUSSION:
Existing Surrounding Uses / Parcel Configurations:
ZONING AND LOCATION AERIAL
SURROUNDING ZONING DISTRICTS AND USES
North: HWY 101 South: Residential
Single-Family (RSF-Z) East: RMF-24
West: Residential
Single-Family
(RSF-Z)
Summary:
The subject site is approximately 1.1 acres and currently developed with one multi -family
building with 13 units, including one manager’s unit. The units are currently income
restricted and rented at the “low income” level (residents must qualify based on 80% of
the area median income). The existing building contains one studio, 11 one-bedroom
units and one three-bedroom manager’s unit. Laundry facilities are provided on-site. The
proposed project will result in a total of 12 studio units, 19 one-bedroom units and one
three-bedroom manager’s unit. The applicant is also proposing to add a new detached
community building with 612 square feet (SF) of community space and 191 SF of storage
space. The renovation will add a courtyard, move the trash enclosure, widen the parking
lot, and upgrade accessibility to current standards while maintaining shared laundry
facilities.
Atascadero Municipal Code (AMC) 9-2.110 requires that all multi-family residential
developments consisting of 12 or more units obtain Conditional Use Permit (CUP)
approval.
RMF-24
RSF-Z
5
ITEM 2 | 7/20/2021
Conditional Use Permit
AMND21-0054/ Arris Studio Architects
This project was presented to the Design Review Committee (DRC) on March 11, 2021.
The DRC primarily focused on the site’s parking constraints and accessibility for
residents. The applicant has addressed the DRC’s comments by incorporating additional
bicycle parking and a fence to regulate access.
Background:
The subject building was formerly the Empire Inn Motel. In 1991, the San Luis Obispo
Non-profit Housing Corporation (now Housing Authority of San Luis Obispo) applied for
a CUP to convert the motel into low income apartments. The original project obtained a
CUP in 1991.
Analysis:
Density
The property is zoned High Density Residential which requires a minimum density of 20
units/acre and allows for a maximum density of 24 units/acre. Therefore, this project site
has a minimum density of 22 units and a maximum base density of 27 units. Per CA
Government Code Section 65915, the applicant can receive a density bonus of up to 35 %
above what is allowed by the zoning code for designating at least 20% of the units for low
income. With the density bonus, the site could have up to 36 units total. The applicant is
proposing a total of 32 units, all of which will be affordable at the lo w income level. Per
City code, a CUP is required for multi-family developments of 12 units or greater.
Therefore, the applicant is required to amend the existing CUP.
Site Design
The existing building was originally a motel built in the 1960’s, then la ter converted to
apartments. The site is accessed by a long, curved driveway with access onto Ardilla Ave.
The L-shaped one-story building contains thirteen units, a shared laundry facility and a
small storage space. There is also a walkway that runs in front of the units and a courtyard
between the units on the north side. The walkway is separated from the parking lot by low
walls, covered in a stone veneer. Along the walkway, the units have small outdoor patio
spaces for residents to use.
By adding a second story to the building, the applicant will increase the height from 9’-6”
to 22’-6”. The first floor would continue to have 12 units in addition to the manager’s unit
and laundry facility. The new second story would have 8 one -bedroom units in addition to
11 studio units. The site currently has a gazebo that is proposed to be removed and
replaced by a community building and courtyard. The applicant is also proposing to
extend the parking lot further east to accommodate a new accessible path in front of t he
units. The proposal also includes the addition of a new trash enclosure.
6
ITEM 2 | 7/20/2021
Conditional Use Permit
AMND21-0054/ Arris Studio Architects
ADDITIONAL INFORMATION MAY BE OBTAINED BY CONTACTING THE ATASCADERO
COMMUNITY DEVELOPMENT DEPARTMENT AT
http://www.atascadero.org
6500 PALMA AVENUE | ATASCADERO, CA 93422 | (805) 461-5000
Proposed Site Plan
Architecture and Design
The project was reviewed by the City’s Design Review Committee (DRC) on March 11,
2021. The DRC endorsed the project design and primarily discussed parking constraints
and accessibility. Due to the building’s history as a 1960’s motel, it encompasses a strong
mid-century modern architectural style. This architectural style can be seen in the
simplicity of the building, with a flat roof and the clean lines of the windows, doors and
walkway features. The existing color palette is also simple consisting of white and, green
with stone veneer accents on the walls along the walkway.
The applicant’s proposal maintains and enhances the mid-century modern theme that
exists on the site today. The second story addition includes slanted rooflines that slant
upwards toward the parking lot and interior courtyard and provide for an overhang above
the second floor exterior walkway. The design features new wood slatted screens, a
smooth stucco finish, new vinyl windows, and new painted entry doors. The entry doors
also include a long, geometric window, consistent with midcentury modern style. The
stone veneer walls will remain. The color scheme remains simple and neutral. The main
building is light grey with earthy green accents. The doors will be black and the windows
Exiting building / location
of 2nd story addition
Exiting manager’s unit and laundry
facilities / location of 2nd story addition
New community building New courtyard
Existing courtyard
7
ITEM 2 | 7/20/2021
Conditional Use Permit
AMND21-0054/ Arris Studio Architects
Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
will be white vinyl. The stonewall caps above the veneer stone walls will be painted a
burnt orange/ clay color.
The new community building matches this design with the same color scheme, wood
slatted screens and white vinyl windows. The project also includes a new trash enclosure
that will be a split faced concrete masonry unit block (CMU) with green doors.
Community Building:
Parking and Access
Access is provided by single driveway from Ardilla Avenue. The existing parking lot
contains 18 parking spaces with no accessible parking. The applicant is proposing to
remove three spaces to provide for a new fire truck turn around and add two new
accessible parking spaces resulting in 15 total spaces. The State density bonus law sets
a maximum parking ratio for projects providing affordable units. Per state law, a maximum
of 33 parking spaces may be required. However, the applicant is requesting a further
reduction as a concession in accordance with density bonus law. The applicant is
proposing the following parking ratios for the site:
Bedroom
Type
Total Units
(Proposed
and Existing)
Parking
Required
(Atascadero
Municipal
Code)
Maximum
Density
Bonus
requirements
Total Parking
Provided
Under requested
concession
Studio 12 18 12 (1 per unit)
15
One Bedroom 19 28.5 19 (1 per unit)
Three
Bedroom
1 2.5 2 (2 per unit)
Guest Parking 0 6.4 0
Total 32 56 33 15
Per State law, the City cannot deny a requested parking concession unless it has
conducted an area-wide or jurisdiction-wide parking study in the last seven years that
provides substantial evidence for higher vehicular parking ratios. Because Atascadero is
8
ITEM 2 | 7/20/2021
Conditional Use Permit
AMND21-0054/ Arris Studio Architects
Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
developed with limited neighborhood parking opportunities compared to other cities, the
Planning Commission should carefully consider the request for a reduction in parking
below the ratio established by State law. However, the City would need to provide
substantial evidence for the denial to this request and conduct a parking study in
accordance with State Law. There is no on-street parking along Ardilla Ave. and due to
the steep slope of the driveway, the site is difficult to access from the road on foot.
According to the owner/operator, many of the residents do not drive so the current parking
demand in the lot is low. Based on observations by staff and the applicant, it appears that
approximately half of the spaces are typically used.
The Design Review Committee suggested promoting bicycling as a form of transportation
for residents. The applicant responded to this by adding two new bicycle racks for a total
of fourteen spaces for the residents to use. Staff has also added a condition that that the
applicant provide a parking management plan that can justify the low parking ratio. The
management plan can provide for things such as car sharing, specific units that must be
occupied by tenants who do not own vehicles, and other programs such as a direct
transportation service for tenants.
The Design Review Committee also discussed the requirement of frontage improvements
(curb, gutter, sidewalk) along Ardilla Avenue. Typically, a project of this size would trigger
these frontage improvements. However, the City Enginee r reviewed the project and
determined that frontage improvements are not necessary on this site as they will not
provide a significant benefit for the community. Due to the topography and location of the
existing driveway, the addition of a sidewalk would require significant grading and high
retaining walls. The existing driveway comes out on the northeast corner of the site ,
meaning that a future sidewalk would extend west. The properties to the west of the
subject site are zoned single-family residential which do not have any triggers for frontage
improvements. Therefore, if the sidewalk were to be built out, it would only lead to
residences and would not improve accessibility to downtown. The Design Review
Committee also discussed a concern regarding Empire residents walking up the hill and
through the adjacent property to the east to gain access to the site. Since there is no
access easement through the adjacent property, the applicant is proposing a fence along
the property line adjacent to the church to the south to discourage using this hill as a
walkway.
Landscaping
Landscaping will be enhanced throughout the project site and includes native trees,
groundcover, shrubs, and grasses adjacent to the walkways, within the courtyard and
around the parking lot. Approximately 41% of the site will be landscaped, well above the
minimum 25% required by the AMC. Per AMC Section 9-4.119, a minimum 10% of
parking areas need to be landscaped and shade trees are to be provided at 30 -foot
intervals. The Municipal Code requires trash enclosures to be landscaped, street trees to
be added along the street frontage, and a minimum five -foot landscape strip within side
yard setbacks. Due to parking lot constraints, adding landscaping around the new trash
enclosure will be difficult. There are also trees and vegetation lining Ardilla Avenue
already, leaving little space to plant new street trees. No landscaping is proposed within
9
ITEM 2 | 7/20/2021
Conditional Use Permit
AMND21-0054/ Arris Studio Architects
Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
setback areas except the addition of new groundcover. Due to the topography of the site
and orientation of the building, landscaping within the side setbacks would likely not be
visible to most. However, the applicant is adding landscaping around the parking lot.
Atascadero Municipal Code (AMC) 9-4.119 also includes landscape requirements for
parking lots. A minimum of 10% of all interior parking lots are required to be landscaped
and shade trees are to be provided at approximately 30-foot intervals. Landscape fingers
should also be provided between every eight parking spaces. The already constrained
parking lot makes adding additional landscaping very difficult. By adding more
landscaping within the parking lot, there may be more parking spaces lost. Due to the
existing mature vegetation on and adjacent to the site, staff recommends no changes to
the proposed landscape plan.
Landscape Plan
Multi-Family Standards
Storage:
The Zoning Ordinance requires specific standards for projects developed in residential
multi-family (RMF) zoning districts. AMC 9-3.262 states that each unit shall be provided
a minimum of 100 cubic feet of enclosed storage space, exclusive of closets, which may
be located in either a principal or accessory building. The applicant is requesting an
exception to this requirement as a concession through the State Density Bonus Law
provisions. Due to the existing layout and proposed unit sizes, storage inside the units is
limited. Aside from Unit 3 on the first floor, which has a larger storage closet, the other
units only have designated storage within standard bedroom closets. The new community
building includes a small storage area of approximately 200 square feet. Since the
10
ITEM 2 | 7/20/2021
Conditional Use Permit
AMND21-0054/ Arris Studio Architects
Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
applicant is trying to maximize the number of new affordable units by adding small units,
there is no additional space to add storage. The addition of new storage space would
likely reduce the overall number of units proposed.
Open Space:
The code requires outdoor recreational space at a ratio of three-hundred square feet per
unit. Based on this, a total of 9,600 square feet of open space is required for this proj ect.
According to the code, this can be provided in one shared location, provided that no
individual area is less than 1,000 square feet. The only proposed outdoor recreational
space is a courtyard that is approximately 890 square feet adjacent to the new community
building. The existing courtyard at the northern end of the building is 1,260 square feet.
Each downstairs units also has a small outdoor patio space in front of their unit which is
approximately 40 square feet. The project is below the zoning co de thresholds
requirement for open space. Therefore, the applicant is requesting a concession for this
requirement. Due to the site’s topography, there is limited opportunity to expand open
space further. The addition of more open space may result in a loss of units or extensive
grading.
ENVIRONMENTAL DETERMINATION:
The proposed project is Categorically Exempt (Class 32) 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 153 32, because it includes in-fill
development.
FINDINGS:
To approve the Conditional Use Permit, the Planning Commission must make the
following findings. These findings and the facts to support these findings are included in
the attached PC Resolution 2021.
Conditional Use Permit (AMC Section 9-2.110(b).(3).(iv)
1. The proposed project or use is consistent with the General Plan :
2. The proposed project or use satisfies all applicable provisions of this title;
3. 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;
4. The proposed project or use will not be inconsistent with the character of the
immediate neighborhood or contrary to its orderly development;
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AMND21-0054/ Arris Studio Architects
Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
5. 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; and
6. The proposed project is in compliance with any pertinent city policy or criteria adopted by
ordinance or resolution of the city council; and
Landscaping Exception (AMC Section 9-4.125(c).(2))
7. Existing vegetation topography or structural arrangement preclude the need for
landscaping.
ALTERNATIVES:
1. The Planning Commission may include modifications to the project and/or
Conditions of Approval for the project. Any proposed modifications including
Conditions of Approval, should be clearly re-stated in any vote on any of the
attached resolutions.
2. The Planning Commission may determine that more information is needed on
some aspect of the project and may refer the item back to the applicant and staff
to develop the additional information. The Commission should clearly state the
type of information that is required. A motion, and approval of that motion, is
required to continue the item to a future date.
3. The Planning Commission may deny the project. The Commission must specify
what findings cannot be made, and provide a brief oral statement based on the
Staff Report, oral testimony, site visit, correspondence, or any other rationale
introduced and deliberated by the Planning Commission.
ATTACHMENTS:
1. Draft PC Resolution
2. Location and Zoning Map
3. Aerial View
4. Site Photos
12
ITEM 2 | 7/20/2021
Conditional Use Permit
AMND21-0054/ Arris Studio Architects
ADDITIONAL INFORMATION MAY BE OBTAINED BY CONTACTING THE ATASCADERO
COMMUNITY DEVELOPMENT DEPARTMENT AT
http://www.atascadero.org
6500 PALMA AVENUE | ATASCADERO, CA 93422 | (805) 461-5000
ATTACHMENT 1: Draft Resolution
AMND21-0054
DRAFT PC RESOLUTION
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF ATASCADERO, CALIFORNIA,
APPROVING AMENDMENT AMND21-0054, AN AMENDMENT TO
CONDITIONAL USE PERMIT 02-91 TO ALLOW FOR AN EXPANSION
OF UNITS FOR THE EMPIRE APARTMENTS ON APN 030-271-019
5880 ARDILLA ROAD
ARRIS STUDIO ARCHITECTS
WHEREAS, an application was received from Arris Studio Architects, 1327 Archer Street, Suite
220, San Luis Obispo, CA 93401, Applicant, and San Luis Obispo Non-profit Housing Corporation, 478
Leff Street, San Luis Obispo, CA 93401, Owner, to consider an Amendment to Conditional Use Permit
02-91 to allow an expansion to an existing multi-family development up to thirty-two units; and
WHEREAS, the site has a General Plan Designation of High Density Residential (HDR);
and
WHEREAS, the property is in the Residential Multi-Family (RMF-24) zoning district; and
WHEREAS, twenty-four (24) units per acre maximum density is allowed in High Density Multi-
family (RMF-24) zone and the 1.10-acre site has a base density of up to twenty-seven (27) units; and
WHEREAS, Government Code Section 65915 allows a density bonus of up to thirty-five percent
(35%) above what is allowed by the zoning code for designating at least twenty percent (20%) of the units
for low income; and
WHEREAS, the project includes one-hundred percent 100% low income restricted affordable
units; 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 Major Conditional
Use Permit Amendment 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 Conditional Use Permit; and
WHEREAS, the Planning Commission reviewed the proposed Conditional Use Permit application
on July 20, 2021, at 6:00 p.m. and considered testimony and reports from staff, the applicants, and the
public.
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Conditional Use Permit
AMND21-0054/ Arris Studio Architects
Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
NOW THEREFORE, the Planning Commission of the City of Atascadero, California, takes the
following actions:
SECTION 1. CEQA. The Planning Commission finds as follows:
1. The proposed project is Categorically Exempt (Class 32) 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 15332, because it includes in-fill development.
SECTION 2. Findings for approval of Conditional Use Permit. The Planning Commission
finds as follows:
1. The proposed project or use is consistent with the General Plan; and
Fact: The use is consistent with the Residential Multi-Family designation of the General Plan and
General Plan Land Use Element Policy 1.1, preserving the rural atmosphere, 1.1.7, infill within the
urban core, and Housing Element Policies 1.1, providing households for all income levels, 1.3,
encouraging the production of housing with an emphasis on affordable to the persons with
disabilities, and 2.1, facilitating housing development that is affordable to lower income households
by providing concessions.
2. The proposed project or use satisfies all applicable provisions of the Zoning Ordinance; and
Fact: As proposed, the project will meet the property’s setback, height and other site design
requirements. The use of the structure will be limited to uses permitted by the Zoning Ordinance.
The project, with Planning Commission approval of this Conditional Use Permit, satisfies all
applicable provisions of the Zoning Ordinance related to residential accessory structures.
3. 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; and
Fact: The proposed residential development will not be detrimental to the general public or working
persons health, safety, or welfare.
4. The proposed project or use will not be inconsistent with the character of the immediate
neighborhood or contrary to its orderly development; and
Fact: The proposed project is compatible with the surrounding neighborhood by providing a higher
density residential development along Ardilla Road with topographic and landscape buffering to
adjacent single-family land uses. The project has been designed to enhance the appearance of an
existing multi-family project with compatible architecture and project landscaping. The General
Plan identifies the project site as a prime multi-family site.
5. 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
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AMND21-0054/ Arris Studio Architects
Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
project, or beyond the normal traffic volume of the surrounding neighborhood that would result
from full development in accordance with the land use element; and
Fact: The proposed project and use is consistent with the traffic projections and road improvements
anticipated within the General Plan and as proposed by the applicant.
6. The proposed project is in compliance with any pertinent City policy or criteria adopted by
ordinance or resolution of the City Council; and
Fact: The proposed additional units are within the maximum density allowed for the high density
residential multifamily zoning district. The proposed amendment, with staff recommended
conditions, is compliant with all related zoning codes and plans.
Findings for approval of a landscape exception. The Planning Commission finds as follows:
7. Existing vegetation topography or structural arrangement preclude the need for landscaping.
Fact: The site is developed with an existing building and parking lot. Adding additional landscaping
would reduce the number of parking spaces on an already constrained site. The applicant has
maximized the available area for landscaping.
SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular session
assembled on July 20, 2021, resolved to approve Conditional Use Permit AMND21-0054, subject to the
following:
EXHIBIT A: Conditions of Approval
EXHIBIT B: Site Plan
EXHIBIT C: Floor Plans
EXHIBIT D: Elevation Drawings
EXHIBIT E: Landscape Plan
On motion by Commissioner ____________________, and seconded by Commissioner _____________,
the foregoing resolution is hereby adopted in its entirety by the following roll call vote:
AYES: ( )
NOES: ( )
ABSENT: ( )
ABSTAINED: ( )
ADOPTED:
CITY OF ATASCADERO, CA
_________________________________________
Jeff van den Eikof
Planning Commission Chairperson
ATTEST:
___________________________________
Phil Dunsmore
Planning Commission Secretary
15
ITEM 2 | 7/20/2021
Conditional Use Permit
AMND21-0054/ Arris Studio Architects
ADDITIONAL INFORMATION MAY BE OBTAINED BY CONTACTING THE ATASCADERO
COMMUNITY DEVELOPMENT DEPARTMENT AT
http://www.atascadero.org
6500 PALMA AVENUE | ATASCADERO, CA 93422 | (805) 461-5000
EXHIBIT A: Conditions of Approval
AMND 21-0054
Conditions of Approval
AMND 21-0054
5880 Ardilla Road
Addition to existing residential multi-family
Timing
BL: Business License
GP: Grading Permit
BP: Building Permit
FI: Final Inspection
TO: Temporary Occupancy
FO: Final Occupancy
Planning Services Conditions
1. This Conditional Use Permit shall allow the accessory structure described in the
attached exhibits and located on APN 030-271-019.
Ongoing
2. The approval of this use permit shall become final and effective for the purposes of
issuing building permits 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.
Ongoing
3. The Community Development Department shall have the authority to approve the
following minor changes to the project that (1) modify the site plan project by less
than 10%, (2) result in a superior site design or appearance, and/or (3) address a
construction design issue that is not substantive to the Master Plan of Development.
The Planning Commission shall have the final authority to approve any other changes
to the Master Plan of Development and any associated Tentative Maps unless
appealed to the City Council.
BP
4. Approval of this Conditional Use Permit shall be valid for twenty-four (24) months
after its effective date. At the end of the period, the approval shall expire and
become null and void unless the project has received a building permit and started
construction on the project.
BP
5. The applicant 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 construction or use of the
detached accessory structure.
Ongoing
6. All exterior elevations, finish materials and colors shall be consistent with what is shown
in EXHIBIT D.
BP / FI
7. The applicant shall submit a landscape and irrigation plan concurrently with their
building permit submittal.
BP / FI
8. The developer and/or subsequent owner shall assume responsibility for the
continued maintenance of all landscape and common areas, consistent with
EXHIBIT D.
Ongoing
9. Trash receptacles are to be fully shielded from adjacent properties. BP/ Ongoing
10. The applicant shall submit a Parking Management Plan, to be approved by the
Community Development Director, and record the plan prior to requesting a final
planning inspection.
FI
City Engineer Conditions
11. A preliminary Storm Water Control Plan (SWCP) must be completed showing how the proposed project will
comply with City and State regulations (Regional Water Quality Control Board Res. No. R3-2013-0032). The
preliminary SWCP shall be completed using the City standard form and should include preliminary calculations
supporting any required treatment or storage areas associated with Drainage Management Areas (DMA).
12. The remodel of existing facilities and the new facilities are subject to the current City sewer fees and said fees
shall be paid prior to issuance of building permits.
Fire Department Conditions
13. Show non-skid surface where required per the Fire Code.
16
ITEM 2 | 7/20/2021
Conditional Use Permit
AMND21-0054/ Arris Studio Architects
ADDITIONAL INFORMATION MAY BE OBTAINED BY CONTACTING THE ATASCADERO COMMUNITY DEVELOPMENT DEPARTMENT AT
http://www.atascadero.org
6500 PALMA AVENUE | ATASCADERO, CA 93422 | (805) 461-5000
EXHIBIT B: Site Plan
AMND21-0054
17
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Conditional Use Permit
AMND21-0054/ Arris Studio Architects
Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
EXHIBIT C: Floor Plans
AMND21-0054
18
ITEM 2 | 7/20/2021
Conditional Use Permit
AMND21-0054/ Arris Studio Architects
ADDITIONAL INFORMATION MAY BE OBTAINED BY CONTACTING THE ATASCADERO COMMUNITY DEVELOPMENT DEPARTMENT AT
http://www.atascadero.org
6500 PALMA AVENUE | ATASCADERO, CA 93422 | (805) 461-5000
19
ITEM 2 | 7/20/2021
Conditional Use Permit
AMND21-0054/ Arris Studio Architects
ADDITIONAL INFORMATION MAY BE OBTAINED BY CONTACTING THE ATASCADERO COMMUNITY DEVELOPMENT DEPARTMENT AT
http://www.atascadero.org
6500 PALMA AVENUE | ATASCADERO, CA 93422 | (805) 461-5000
20
ITEM 2 | 7/20/2021
Conditional Use Permit
AMND21-0054/ Arris Studio Architects
ADDITIONAL INFORMATION MAY BE OBTAINED BY CONTACTING THE ATASCADERO COMMUNITY DEVELOPMENT DEPARTMENT AT
http://www.atascadero.org
6500 PALMA AVENUE | ATASCADERO, CA 93422 | (805) 461-5000
EXHIBIT D: Elevation Drawings
AMND21-0054
21
ITEM 2 | 7/20/2021
Conditional Use Permit
AMND21-0054/ Arris Studio Architects
ADDITIONAL INFORMATION MAY BE OBTAINED BY CONTACTING THE ATASCADERO COMMUNITY DEVELOPMENT DEPARTMENT AT
http://www.atascadero.org
6500 PALMA AVENUE | ATASCADERO, CA 93422 | (805) 461-5000
22
ITEM 2 | 7/20/2021
Conditional Use Permit
AMND21-0054/ Arris Studio Architects
Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero
23
ITEM 2 | 7/20/2021
Conditional Use Permit
AMND21-0054/ Arris Studio Architects
ADDITIONAL INFORMATION MAY BE OBTAINED BY CONTACTING THE ATASCADERO COMMUNITY DEVELOPMENT DEPARTMENT AT
http://www.atascadero.org
6500 PALMA AVENUE | ATASCADERO, CA 93422 | (805) 461-5000
24
ITEM 2 | 7/20/2021
Conditional Use Permit
AMND21-0054/ Arris Studio Architects
ADDITIONAL INFORMATION MAY BE OBTAINED BY CONTACTING THE ATASCADERO COMMUNITY DEVELOPMENT DEPARTMENT AT
http://www.atascadero.org
6500 PALMA AVENUE | ATASCADERO, CA 93422 | (805) 461-5000
25
ITEM 2 | 7/20/2021
Conditional Use Permit
AMND21-0054/ Arris Studio Architects
ADDITIONAL INFORMATION MAY BE OBTAINED BY CONTACTING THE ATASCADERO COMMUNITY DEVELOPMENT DEPARTMENT AT
http://www.atascadero.org
6500 PALMA AVENUE | ATASCADERO, CA 93422 | (805) 461-5000
EXHIBIT E: Landscape Plan
AMND21-0054
26
ITEM 2 | 7/20/2021
Conditional Use Permit
AMND21-0054/ Arris Studio Architects
ADDITIONAL INFORMATION MAY BE OBTAINED BY CONTACTING THE ATASCADERO
COMMUNITY DEVELOPMENT DEPARTMENT AT
http://www.atascadero.org
6500 PALMA AVENUE | ATASCADERO, CA 93422 | (805) 461-5000
ATTACHMENT 2: Location and Zoning
AMND21-0054
RMF-24
RSF-Z
27
ITEM 2 | 7/20/2021
Conditional Use Permit
AMND21-0054/ Arris Studio Architects
ADDITIONAL INFORMATION MAY BE OBTAINED BY CONTACTING THE ATASCADERO
COMMUNITY DEVELOPMENT DEPARTMENT AT
http://www.atascadero.org
6500 PALMA AVENUE | ATASCADERO, CA 93422 | (805) 461-5000
ATTACHMENT 3: Aerial View
AMND21-0054
28
ITEM 2 | 7/20/2021
Conditional Use Permit
AMND21-0054/ Arris Studio Architects
ADDITIONAL INFORMATION MAY BE OBTAINED BY CONTACTING THE ATASCADERO
COMMUNITY DEVELOPMENT DEPARTMENT AT
http://www.atascadero.org
6500 PALMA AVENUE | ATASCADERO, CA 93422 | (805) 461-5000
ATTACHMENT 4: Site Photos
AMND21-0054
View Looking North at Apartments
View looking at Manager’s Unit/ Courtyard
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ITEM 2 | 7/20/2021
Conditional Use Permit
AMND21-0054/ Arris Studio Architects
ADDITIONAL INFORMATION MAY BE OBTAINED BY CONTACTING THE ATASCADERO
COMMUNITY DEVELOPMENT DEPARTMENT AT
http://www.atascadero.org
6500 PALMA AVENUE | ATASCADERO, CA 93422 | (805) 461-5000
Existing gazebo to be removed
Area of proposed community building
30