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HomeMy WebLinkAboutPC_2021-09-07_AgendaPacket * COVID-19 NOTICE * Consistent with the SLO County Region 1 – Southern California Regional Stay at Home Order, the Planning Commission Meeting will not be physically open to the public and Planning Commissioners will be teleconferencing into the meeting. HOW TO SUBMIT PUBLIC COMMENT: Members of the public are highly encouraged to call 669-900-6833 to listen and provide public comment via phone, or submit written public comments to pc-comments@atascadero.org by 5:00 pm on the day of the meeting. Such email comments must identify the Agenda Item Number in the subject line of the email. The comments will be read into the record, with a maximum allowance of 3 minutes per individual comment, subject to the Chairperson’s discretion. All comments should be a maximum of 500 words, which corresponds to approximately 3 minutes of speaking time. If a comment is received after the agenda item is heard but before the close of the meeting, the comment will still be included as a part of the record of the meeting but will not be read into the record. If you would like to view presentations provided during the meeting, you may access them by clicking on the following link: https://us02web.zoom.us/j/83250238111?pwd=SG9OdGxyNHNTNmxRWEpHTzRQK0VnQT09 Webinar ID: 832 5023 8111 AMERICAN DISABILITY ACT ACCOMMODATIONS: Any member of the public who needs accommodations should contact the City Clerk’s Office at cityclerk@atascadero.org or by calling 805-470-3400 at least 48 hours prior to the meeting or time when services are needed. The City will use their best efforts to provide reasonable accommodations to afford as much accessibility as possible while also maintaining public safety in accordance with the City procedure for resolving reasonable accommodation requests. Planning Commission agendas and minutes may be viewed on the City's website: www.atascadero.org. 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 inspection on our website, www.atascadero.org. Contracts, Resolutions and Ordinances will be allocated a number once they are approved by the Planning Commission. The Minutes of this meeting will reflect these numbers. All documents submitted by the public during Planning 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 by contacting the Community Development Department. All documents will be available for public inspection during City Hall business hours once City Hall is open to the public following the termination of the Shelter at Home Order. WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan this QR Code with your smartphone to view the Planning Commission Website. CITY OF ATASCADERO PLANNING COMMISSION AGENDA REGULAR MEETING Tuesday, September 7, 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 by one motion if no member of the Commission or public wishes to comment or ask questions.) 1. APPROVE THE DRAFT MINUTES OF JULY 20, 2021  Recommendation: Commission approve the July 20, 2021 Minutes. PLANNING COMMISSION BUSINESS City of Atascadero Planning Commission Agenda Regular Meeting, September 7, 2021 Page 2 of 4 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan this QR Code with your smartphone to view the Planning Commission Website. 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 10205 EL CAMINO REAL The proposed project includes an Amendment to add a new residential building to the Macadero Apartments. 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 draf t Resolution approving amendments to a 19-unit residential development, allowing an expansion to an existing multi-family development up to 25 units subject to conditions or approval. (AMND21-0058) 3. CONDOMINIUM SUBDIVISION AT 6917 EL CAMINO REAL (SUITES A, C, D, E, F, G, H, J, K AND UNIT 1) The proposed project is a condominium subdivision at to allow for 9 airspace condominium units on one parcel for the existing Colony Square Theater building. The project is exempt from the California Environmental Qualit y Act (CEQA), under Categorical Exemption § 15315, Class 15: Minor Land Divisions. Ex Parte Communications: Recommendation: The Planning Commission adopt the draft Resolution approving Tentative Parcel Map AT21-0017, based on findings and subject to conditions of approval. (SBDV21-0065) City of Atascadero Planning Commission Agenda Regular Meeting, September 7, 2021 Page 3 of 4 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan this QR Code with your smartphone to view the Planning Commission Website. COMMISSIONER COMMENTS AND REPORTS DIRECTOR’S REPORT ADJOURNMENT The next regular meeting will be held on September 21, 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, September 7, 2021 Page 4 of 4 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @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 fo r 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. Co pies 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 7/20/2021 Page 1 of 4 ITEM NUMBER: 1 DATE: 9-7-21 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting – Tuesday, July 20, 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 6:01 p.m. and Vice Chairperson Keen led the Pledge of Allegiance. ROLL CALL Present: By Teleconference - Commissioners Anderson, Carranza, Hughes, Vice Chairperson Keen and Chairperson van den Eikhof Absent: Commissioner Jennifer McIntyre (excused absence) Commissioner Dennis Schmidt (unexcused absence) Vacant: None Others Present: By Teleconference - Recording Secretary, Annette Manier Staff Present: By Teleconference – Senior Planner, Kelly Gleason Assistant Planner, Mariah Gasch Staff Absent: Community Development Director, Phil Dunsmore APPROVAL OF AGENDA Commissioner Carranza stated for the record that the property owner listed in the agenda packet states Arris Studio Architects, and should be H ASLO. Planner Gasch stated that they are both applicants, but HASLO is the owner of the property. MOTION: By Commissioner Anderson and seconded by Vice Chairperson Keen to approve the Agenda, with the correction noted above. Motion passed 5:0 by a roll-call vote. 1 PC Draft Minutes of 7/20/2021 Page 2 of 4 ITEM NUMBER: 1 DATE: 9-7-21 PUBLIC COMMENT None Chairperson van den Eikhof closed the Public Comment period. CONSENT CALENDAR 1. APPROVE THE DRAFT MINUTES OF JUNE 1, 2021  Recommendation: Commission approve the June 1, 2021 Minutes. MOTION: By Commissioner Carranza and seconded by Commissioner Anderson 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 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 and 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) EX PARTE COMMUNICATIONS Commissioner Carranza reached out to the property owner and architect and spoke to the Housing Authority regarding the project. Chairperson van den Eikhof saw this item when it went to the Design Review Committee. Planner Gasch presented the staff report, and she and Planner Gleason answered questions from the Commission. Planner Gasch clarified that the staff report says Ardilla Road, but it should say Ardilla Avenue. 2 PC Draft Minutes of 7/20/2021 Page 3 of 4 ITEM NUMBER: 1 DATE: 9-7-21 PUBLIC COMMENT The following members of the public spoke: Scott Smith, Michael Burke, Adrianna Cook (who shared a presentation, Exhibit A), and Greg Ravatt. The following emails were read into the record and will be entered into the record by Recording Secretary Manier: Robert Bass (Exhibit B) Michael Norlock (Exhibit C) Chairperson van den Eikhof closed the Public Comment period. MOTION: By Vice Chairperson Keen and seconded by Commissioner Carranza to adopt PC 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 with the following amendments:  Applicant shall add a new 6-ft. fence along eastern property line prior to requesting a final planning inspection.  Applicant shall work with the City Engineer to determine if frontage improvements are feasible and/or warranted  City Engineer to review sight distance and applicant shall implement any needed modifications such as vegetation removal.  Applicant shall work with the City Engineer on sight distance and possible street lighting for safety.  Prior to issuance of building permits, the owner shall record a deed restriction designating the project as 100% affordable to low income households for a minimum term of 55-years. Motion passed 5:0 by a roll-call vote. This project will move forward to building permits. COMMISSIONER COMMENTS AND REPORTS None 3 PC Draft Minutes of 7/20/2021 Page 4 of 4 ITEM NUMBER: 1 DATE: 9-7-21 DIRECTOR’S REPORT Planner Gleason stated that the next meeting may be cancelled because there are no items ready for that date. Planner Gleason gave an update on Ancient Owl Brewery, Colony Market, and the Del Rio Ranch project. ADJOURNMENT – 7:32 p.m. The next regular meeting is scheduled for August 3, 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 from Arris Studio Architects Exhibit B - Email from Robert Bass Exhibit C – Letter from Michael Norlock 4 Atascadero Planning Commission Staff Report – Community Development Department Macadero Apartments Housing Expansion 10205 El Camino Real / AMND 21-0058 RECOMMENDATION(S): Staff Recommends: The Planning Commission adopt the draft Resolution approving amendments to add 6 new units to an existing 19-unit apartment development subject to conditions of approval. Project Info In-Brief: MEETING DATE PROJECT PLANNER APPLICANT / CONTACT PLN NO. 9/7/21 Mariah Gasch Housing Authority San Luis Obispo / Arris Studio Architects AMND 21-0058 PROJECT ADDRESS GENERAL PLAN DESIGNATION ZONING DISTRICT ASSESOR PARCEL NUMBER(S) SITE AREA 10205 El Camino Real High Density Residential (HDR) Residential Multi-Family - 24 (RMF-24) 030-461-012 1.16 acres 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 ITEM NUMBER: 2 DATE: 9-7-21 5 ITEM 2 | 9/7/2021 Amendment AMND21-0058/ Arris Studio Architects DISCUSSION: Existing Surrounding Uses / Parcel Configurations: ZONING AND LOCATION AERIAL SURROUNDING ZONING DISTRICTS AND USES North: RMF-24 South: RMF-24 East: RMF-24 West: RMF-10 Summary: The subject site is approximately 1.16 acres in size and is currently developed with four (4) two-story multi-family buildings containing nineteen (19) units, an outdoor play area, and an approximately 1,383 square foot community building. The units are not currently deed restricted but rented at the low-income level (80% of the area median income) through the Housing Authority of San Luis Obispo (HASLO). The existing community building contains an office, storage area, and shared laundry facility. The ap plicant is proposing to add six (6) units (one additional building), renovate the existing community room, and relocate the existing play area. The renovation will add an additional community space and upgrade accessibility to current standards while maint aining shared laundry and office uses. Additionally, all, exclusive of a manager’s unit, units on site will require a 55-year affordable deed restriction prior to building permit issuance consistent with State Density Bonus requirements. Adding this deed restriction will add 24 units to our low income housing stock that can be counted towards our 2020 through 2028 Regional housing Needs Allocation (RHNA). Atascadero Municipal Code (AMC) 9-2.110 requires that all multi-family residential developments consisting of twelve or more units obtain conditional use permit (CUP) approval. Since the original project was approved prior to the CUP requirement the project is considered existing legal non-conforming and the applicant is required to seek a conditional use permit with this expansion to bring the project into compliance. RMF-24 RMF-10 6 ITEM 2 | 9/7/2021 Amendment AMND21-0058/ Arris Studio Architects 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 23 units and a maximum base density of 28 units. The proposed project will result in 25 total units on site in compliance with the Atascadero Municipal Code’s density standards. State Density Bonus The existing residential units on site are not income restricted. However, the Housing Authority rents at affordable levels based on the mission of the organization . The applicant is seeking funding that requires that the units be deed restricted and concessions are being requested in accordance with State density bonus law. The proposed new units will be affordable at the low-income level (80% of the area median income) and the applicant will be required to record rental restrictions for all existing units to qualify for density bonus provisions. Per State density bonus law, rental projects that are 100% affordable for very-low and low-income households can request up to four (4) concessions to development standards. The City can only deny requested concessions if it can be clearly shown that the concessions may cause adverse impacts to health, safety, or the physical environment and, in these cases, the City would bear the burden of proof for the denial of a requested concession or incentive . The applicant is requesting the following concessions: 1. Waiver of development standards related to indoor storage for the proposed units. 2. Waiver of development standards related to parking lot landscaping. Discussion of concessions is included in the analysis below. Renewal of the affordable agreement for all units will be required prior to the issuance of permits and will ensure continued affordability of the project. This project will provide units toward the City’s Regional Housing Needs Allocation (RHNA) requirements. Site Design The proposed building will be sited toward the rear of the property where the existing play area is located. Parking is consolidated on site with each building surrounded by landscaping and pathways. The play area will be relocated and renovated. The new play area will include active recreation facilities, including a playground and small bouldering area for children. Renovation and expansion is also proposed for the community building. The new building will include a 631 square-foot addition with additional community spaces and an exterior BBQ area. 7 ITEM 2 | 9/7/2021 Conditional Use Permit AMND21-0058/ HASLO 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 Parking and Access Access is provided by an existing driveway off El Camino Real. The existing parking lot contains 25 parking spaces and no accessible parking. The applicant originally proposed to remove one (1) existing parking space to accommodate the ADA parking walkway addition, add five (5) new parking spaces, and convert two (2) existing spaces to accessible parking for a total of 29 spaces. The Design Review Committee requested that the applicant provide at least thirty-two (32) spaces as concerns regarding parking were expressed at the DRC meeting. The State density bonus law sets a maximum parking ratio for projects providing affordable units. Per state law, a maximum of 3 1 parking spaces may be required. The applicant revised their site plan to include three additional parking spaces, including two tandem spaces per DRC direction, providing one additional New community building and BBQ area New 6-unit building New Play Area Additional Parking as requested by DRC 8 ITEM 2| 9/7/2021 Amendment AMND21-0058/ HASLO Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero space above State law requirements. The new proposed parking meets the State density bonus ratio as shown in the following table: Bedroom Type Total Units (Proposed and Existing) Parking Required (Atascadero Municipal Code) Density Bonus Ratio Total Parking Provided Studio/One Bedroom 11 16.5 10 (1/ unit) 32 Two Bedroom 7 14 10.5 (1.5/ unit) Three Bedroom 7 17.5 10.5 (1.5/ unit) Guest Parking 0 5 0 Total 53 31 required 32 Per State law, the City cannot deny a parking density bonus ratio 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. The City would need to provide substantial evidence for the denial to this request. This project site is served by some adjacent on-street parking along El Camino Real, and Musselman Drive is a short distance away. San Luis Obispo Regional Transit Authority also provides a fixed route bus stop adjacent to the project site’s entrance along El Camino Real. Stop frequency is estimated to be hourly between 7 a.m. and 5 p.m., with less frequent stops after 5 p.m. Additionally, a condition has been added to provide a parking management plan that will outline assigned parking, parking per unit, and tandem parking details. Landscaping The proposed new building is setback a minimum of 10-feet from the rear property line and 5-feet from the side property line, consistent with Atascadero Municipal Code standards. Landscaping will be enhanced throughout the project site to include native trees, groundcover, shrubs, and grasses adjacent to the concrete walkways. Approximately 49% of the site is landscaped, exceeding 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 applicant is requesting a concession from the parking area landscaping requirements to maximize available parking. New landscaping will focus on providing parking lot shade to the greatest extent possible. Fencing/ Trash Enclosure: The site has 6-foot tall fencing that surrounds the property. In front of Building 1, along El Camino Real, there is a 6-foot tall wooden fence that provides privacy for the residents of Building 1. The height of the fence should remain at 6 feet for priva cy of the residents. 9 ITEM 2| 9/7/2021 Amendment AMND21-0058/ HASLO Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero However, staff recommend that’s the wooden header and additional landscaping be added to soften the appearance of the fence from El Camino Real. A portion of the fencing is already proposed to be removed and re-installed to accommodate the tandem parking spaces. Existing fence along Building 1 The gate for the trash enclosure is a tan cinderblock enclosure with a slatted chain-link fence. Staff has added a condition that the existing chain link gate be replaced with an opaque gate and that the cinderblock be repainted to match the new colors of the buildings. Existing trash enclosure 10 ITEM 2| 9/7/2021 Amendment AMND21-0058/ HASLO Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Landscape Plan Common Open Space Per the Atascadero Municipal Code Section 9-3.262, 300 square feet of communal outdoor recreational area is required per unit as a common open space area with each area being a minimum of 1,000 square-feet resulting in a minimum requirement of 7,500 square-feet. The applicant is proposing approximately 650 square feet of new outdoor recreational area, a 3,890 square foot tot lot, and 350 square feet of enhanced outdoor common area with barbeque facilities, in addition to the approximately 5,900 square feet of accessible landscaped areas in between each building. The applicant is providing approximately 9,800 square feet of landscaped and outdoor common spaces, not including the enhanced spaces that are below the 1,000 square foot threshold. 11 ITEM 2| 9/7/2021 Amendment AMND21-0058/ HASLO Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Site Open Space Architectural Design The new residential building and community room expansion are designed to be consistent with the existing architectural style and materials. Materials include earth toned exterior colors, asphalt shingle roofing, smooth stucco, vinyl windows, and horizonta l siding. In addition, renovations to the interiors and exteriors of each existing building are proposed to enhance the appearance of the entire site. The renovations to the existing buildings will include:  Replacing windows, cabinets, countertops, flooring, appliances, and all fixtures  Repainting both exterior and interior walls  New landscaping in any private open space areas  Conversion of site and units to fully accessible code requirements  Interior unit upgrades will match finishes for the proposed units  Exterior existing stairs will be replaced 12 ITEM 2 | 9/7/2021 Conditional Use Permit AMND21-0058/ HASLO 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 Architectural Design-Community Building Architectural Design-Residential Building 13 ITEM 2| 9/7/2021 Amendment AMND21-0058/ HASLO Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero The entrances to the new units are located along the front of the building with pathways that connect the units to the parking and community areas. The proposed building contains five (5) 476 square foot one-bedroom units and one (1) 687 square foot two- bedroom unit, with three (3) units on the first floor and three (3) units on the second floor. Proposed Residential Building Floor Plan First Floor Second Floor 14 ITEM 2| 9/7/2021 Amendment AMND21-0058/ HASLO Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero AMC Section 9-3.262 requires 100 cubic feet of enclosed storage space in each unit in addition to bedroom closet space. The proposed units have small, 40 cubic feet linen closets in the bathrooms. The applicant is requesting a density bonus concession to reduce this requirement as it would inhibit the creation of affordable housing units. Housing Accountability Act The Housing Accountability Act (HAA), Government Code Section 65589.5, establishes limitations on a local government’s ability to deny, reduce the density of, or make infeasible housing development projects that are consistent with objective local development standards and contribute to meeting housing need. In order to do any of the previously stated, local governments must make specified written findings based upon a preponderance of the evidence that a specific, adverse health or safety impact exists. However, local governments are not prohibited from requiring a housing development project to comply with objective, quantifiable, written development standards, conditions, and policies. Those standards must meet the following criteria though:  Be appropriate to, and consistent with, meeting the local government’s share of the Regional Housing Needs Allocation (RHNA) or meeting the local government’s need for emergency shelters as identified in the housing element of t he general plan.  Be applied to facilitate and accommodate development at the density permitted on the site and proposed by the development or to facilitate and accommodate the development of the emergency shelter project.  Meet the definition of “objective”. Objective standards are those that involve no personal or subjective judgment by a public official and being uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official. Therefore, the Planning Commission cannot deny or condition this project in such a way that would make it infeasible or reduce the density below what is allowed by the Municipal Code and density bonus standrds. 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 Resolution. 15 ITEM 2| 9/7/2021 Amendment AMND21-0058/ HASLO Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 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; 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 traf fic volume of the surrounding neighborhood that would result from full development in accordance with the land use element; and 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. Site Photos 16 ITEM 2| 9/7/2021 Amendment AMND21-0058/ HASLO Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENT 1: Draft Resolution AMND21-0058 DRAFT PC RESOLUTION A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING AN AMENDMENT TO AN EXISTING MULTI-FAMILY DEVELOPMENT TO ALLOW FOR AN EXPANSION OF UNITS FOR THE MACADERO APARTMENTS ON APN 030-461-012 AMND21-0058 10205 EL CAMINO REAL SLO NON-PROFIT HOUSING CORPORATION 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 an existing 19-unit multi-family development to allow an expansion up to 25-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 1.16-acre site has a maximum base density of up to twenty-eight (28) units and minimum density of twenty three (23) units; and WHEREAS, Government Code Section 65915 allows 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 and up to four (4) concessions when 100% are designated for lower income households; and WHEREAS, the project includes 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 17 ITEM 2| 9/7/2021 Amendment AMND21-0058/ HASLO 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. Recitals: The above recitals are true and correct. SECTION 2. Public Hearings. 1. The Planning Commission held a duly noticed public hearing to consider the project on September 7, 2021 and considered testimony and reports from staff, the applicants, and the public. SECTION 3. 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 affordability to 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 use of the site for high-density residential is typical of the zoning designation. The proposed structure will be constructed to meet the standards of the building code. The reductions in proposed parking, landscaping, and storage 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 view of the proposed structure from El Camino will be slightly screened with low-lying vegetation and wooden fencing. The design will fit in with the character and architectural styles of the surrounding neighborhood. 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 18 ITEM 2| 9/7/2021 Amendment AMND21-0058/ HASLO Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero project, or beyond the normal traffic volume of the surroundi ng neighborhood that would result from full development in accordance with the land use element; and Fact: The addition of a units on the site will not contribute to significant additional traffic in the neighborhood. The use of the structure will be similar to uses currently onsite. However, there will be in increase in parking demand that will be accommodated with onsite parking, adjacent street parking, and transit availability. 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 expansion of units on site, with staff recommended conditions, is compliant with all related zoning codes and plans. 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 3. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on September 7, 2021, resolved to approve Amendment (AMND21-0058), subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Project Design Package 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 19 ITEM 2 | 9/7/2021 Conditional Use Permit AMND21-0058/ HASLO 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 21-0058 Conditions of Approval AMND21-0058 10205 El Camino Real Expansion of Affordable Housing Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Planning Services Conditions 1. This Amendment shall be for the addition of 6 units (1 building) and renovation to the existing 19 units use as described in attached Exhibits B and D located at 10205 El Camino Real. 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 new utilities servicing the project shall be installed underground. BP 7. Architectural elevations shall be consistent with Exhibit B. Exterior building and roof colors and materials shall be consistent across all buildings on site. BP / FI 8. A parking management plan shall be submitted to assign parking for each units, provide basic details on tandem parking management, and clarify parking management on site. BP 9. The applicant shall submit an arborist report at the time of building permit submittal to ensure protection and mitigation measures for existing trees on site. BP / FI 10. The applicant shall provide, at minimum, 32 on-site parking spaces that comply with Atascadero Municipal Code Parking and Loading standards. BP / Ongoing 11. Approval of the preliminary design and density bonus shall not constitute any waiver of code requirements except for those approved under this amendment. BP 12. Prior to Building Permit Issuance, twenty-four (24) units shall be deed restricted for a 55- year period. Documentation of the deed restrictions shall be submitted to the City prior to Final Inspection. BP 13. All lighting shall be fully shielded. No fixtures with visible light sources shall be permitted. Parking lot lighting shall be the lowest level to achieve safety lighting. Pole height shall be limited to 16-feet maximum. Bollard and pedestrian scale lighting shall be incorporated into the common use areas as feasible and as needed. No flood lighting shall be permitted. BP/ Ongoing 20 ITEM 2| 9/7/2021 Amendment AMND21-0058/ HASLO Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 14. A decorative fence header shall be added to the existing wooden fence in front of Building 1. BP 15. Additional screening landscaping shall be installed in front of the fence in front of Building 1. This additional landscaping shall be shown on the landscape plan. BP 16. The existing chain link gate for the trach enclosure shall be replaced with an opaque gate and the cinderblock shall be repainted to match the new colors of the buildings. BP Public Works Conditions 17. 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). BP 18. The existing driveway approach shall be removed and replaced with an ADA compliant approach. 19. 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. BP Fire Department Conditions 20. Fire truck turnaround must meet City Engineering drawings F-1 and F-2. Confirm with Civil Engineer to maintain slope and approval will be needed for angle of approach and departure per 2019 CFC 503.2.8. BP 21. Must meet NFPA 13 requirements for sprinklers BP 22. Fire lane access will be marked per 2019 California Fire Code 503.3 BP 23. Driveway clearance to be maintained per City engineering document F-8 BP 21 ITEM 2 | 9/7/2021 Conditional Use Permit AMND21-0058/ HASLO 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: Project Design Package AMND21-0058 Site Plan 22 ITEM 2| 9/7/2021 Amendment AMND21-0058/ HASLO Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 23 ITEM 2| 9/7/2021 Amendment AMND21-0058/ HASLO Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 24 ITEM 2| 9/7/2021 Amendment AMND21-0058/ HASLO Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 25 ITEM 2| 9/7/2021 Amendment AMND21-0058/ HASLO Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 26 ITEM 2| 9/7/2021 Amendment AMND21-0058/ HASLO Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 27 ITEM 2| 9/7/2021 Amendment AMND21-0058/ HASLO Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 28 ITEM 2| 9/7/2021 Amendment AMND21-0058/ HASLO Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 29 ITEM 2| 9/7/2021 Amendment AMND21-0058/ HASLO Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 30 ITEM 2| 9/7/2021 Amendment AMND21-0058/ HASLO Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 31 ITEM 2| 9/7/2021 Amendment AMND21-0058/ HASLO Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 32 ITEM 2| 9/7/2021 Amendment AMND21-0058/ HASLO Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 33 ITEM 2 | 9/7/2021 Conditional Use Permit AMND21-0058/ HASLO 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: Site Photos AMND21-0058 View from El Camino Real View of building site 34 ITEM NUMBER: 3 DATE: 9/7/21 Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Atascadero Planning Commission Staff Report – Community Development Department Colony Square Commercial Condominium Map Tentative Parcel Map AT 21-0017 SBDV21-0065 RECOMMENDATION(S): Planning Commission adopt the draft resolution, approving Tentative Parcel Map AT 21- 0017, a request to establish nine (9) commercial airspace condominium units based on findings and subject to conditions of approval. Project Info In-Brief: PROJECT ADDRESS: 6917 El Camino Real Atascadero, CA APN 029-361-048, 049 PROJECT PLANNER Kelly Gleason Senior Planner 470-3446 kgleason@atascadero.org APPLICANT Leaha Magee, MBS Land Surveys PROPERTY OWNER Cinema Square, LLC GENERAL PLAN DESIGNATION: ZONING DISTRICT: SITE AREA EXISTING USE PROPOSED USE Downtown Downtown Commercial 0.65 acres Theater / Commercial Retail / Restaurant No change except allow for individual sale of tenant spaces ENVIRONMENTAL DETERMINATION ☐ Environmental Impact Report SCH: ___________________________ ☐ Negative / Mitigated Negative Declaration No. ___________ ☒ Categorical Exemption CEQA – Guidelines Section 15315 ☐ Statutory Exemption §§ 21000, et seq & ________________________ ☐ No Project – Ministerial Project 35 ITEM NUMBER: 3 DATE: 9/7/21 Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero DISCUSSION: Existing Surrounding Uses / Parcel Configurations: Existing Zoning Existing Aerial / Surrounding North: South: East: West: Downtown Commercial (DC) Downtown Commercial (DC) Commercial Retail (CR) Downtown Commercial (DC) Background The applicant is proposing an airspace condominium of the existing Colony Square Theater building to allow for the individual sale of each tenant space. The existing building currently has nine (9) tenant spaces fronting both El Camino Real and the internal project parking lot. The underlying parcel will remain un-subdivided and all common areas will be maintained by an association tiered under the existing association established for the entirety of the Colony Square development. Analysis Atascadero Municipal Code (AMC) 11-6.41 states that “design criteria for subdivisions and the required physical improvements for them shall be in compliance with the City’s Zoning Ordinance, standard drawings and specifications, subdivision standards, and other applicable regulations or standards.” The existing site is consistent with the approved Master Plan of Development approved in 2005, therefore, no site modifications are 36 ITEM NUMBER: 3 DATE: 9/7/21 Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero required. Parking and access will continue to be governed by the Master Plan of Development and recorded CC&Rs. Staff recommends approving the proposed Tentative Parcel Map as the creation of airspace condominium spaces in this location will not negatively impact the intended purpose of the development. The condominium map will retain the underlying parcel and create nine (9) airspace ownership units for individual sale. A condominium plan will be required with recordation of the Final Map to detail the ownership boundaries of each space. Airspace units can be easily modified by recording a revised condominium plan, allowing for flexibility in the future. Conclusion The proposed condominium map is consistent with the General Plan and Zoning Ordinance, based on findings and conditions of approval. Staff recommends the Planning Commission approve the Tentative Parcel Map as conditioned. ENVIRONMENTAL DETERMINATION: 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, because it is a minor subdivision of existing commercial buildings and where no physical changes occur. FINDINGS: To recommend approval of the proposed project, findings are required to be made by the Planning Commission. The City’s General Plan and Zoning Ordinance identify the specific findings that must be made to approve a Tentative Parcel Map for commercial condominiums. Findings and the facts to support these findings are included in the Draft Resolution. 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 37 ITEM NUMBER: 3 DATE: 9/7/21 Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero introduced and deliberated by the Planning Commission. The theater building would remain un-subdivided and maintained under single ownership. ATTACHMENTS: 1. Draft Resolution 38 ITEM NUMBER: 3 DATE: 9/7/21 Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENT 1: Draft Resolution SBDV21-0065 DRAFT PC RESOLUTION RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING SBDV 21-0065 / TENTATIVE PARCEL MAP AT 21-0017 ESTABLISHING NINE AIRSPACE UNITS ON ONE COMMON LOT AT 6917 EL CAMINO REAL (APN 029-361-048, 049) (Cinema Square, LLC) WHEREAS, an application has been received from Cinema Square, LLC (Applicant/ Owner), 21 E. Carrillo St #200, Santa Barbara, CA 93101 to consider Tentative Parcel Map AT 21-0017 to allow nine airspace condominium units on one lot; and WHEREAS, the site has a General Plan Designation of Downtown (D); and WHEREAS, the site is in the Downtown Commercial (DC) 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 NOW, THEREFORE, 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 Hearings. 1. The Planning Commission held a duly noticed public hearing to consider the project on September 7, 2021 and considered testimony and reports from staff, the applicants, and the public. SECTION 3. Findings for approval of Tentative Parcel Map. 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)). 39 ITEM NUMBER: 3 DATE: 9/7/21 Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Fact: The Downtown zoning district is designed to encourage a wide variety of pedestrian oriented uses such as retail, entertainment, and restaurant. The existing Colony Square development allows for these uses in a master planned walkable center. The existing theater building is the main portion of this development. The project proposes an airspace subdivision of the building to allow for separate ownership of each existing tenant space. The proposed subdivision will not alter the physical improvements on-site and required CC&Rs will ensure that the center functions as one development. 2. The site is physically suitable for the type of development (Government Code§ 66474(c)),and, Fact: The site is flat and no physical changes are required. 3. The site is physically suitable for the proposed density of development (Government Code § 66474(d)),and, Fact: The nine proposed airspace units are within an existing building. The tentative parcel map does not affect the density. 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: The airspace subdivision of an existing commercial building will not result in any physical changes to the site and will not degrade the environment. 5. The design of the subdivision or the type of improvements will not cause serious health problems. (Government Code § 66474(f)), and Fact: The improvements are minor and will not cause health problems. 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 building exists and no new structures are proposed. SECTION 4. CEQA. The project is exempt from the California Environmental Quality Act (CEQA), under Categorical Exemption § 15315, Class 15: Minor Land Divisions. SECTION 5. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on September 7, 2021, resolves to approve Tentative Parcel Map AT 21-0017 (SBDV 21-0065), subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Tentative Parcel Map 40 ITEM NUMBER: 3 DATE: 9/7/21 Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 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: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA ______________________________ Jeff van den Eikhof Planning Commission Chairperson Attest: ______________________________ Phil Dunsmore Planning Commission Secretary 41 ITEM NUMBER: 3 DATE: 9/7/21 Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero EXHIBIT A: Conditions of Approval SBDV 21-0065 Conditions of Approval Tentative Parcel Map 6917 El Camino Real SBDV 21-0065 Timing BL: Business License FM: Final Map GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Planning Services 1. SBDV 21-0065 (Tentative Parcel Map AT 21-0017) shall be for the airspace subdivision of 6917 El Camino Real; Lot 1 of Tract 2733, as shown on the map filed in book 31 at pages 55-56, in the city of Atascadero, County of San Luis Obispo, California. (Assessor’s Parcel Number’s 029-361-048 & 049), as generally shown in attached Exhibit B, regardless of owner. Ongoing 2. The appeal period is fourteen (14) days following the Planning Commission approval unless prior to the time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. Ongoing 3. Approval of this Tentative Parcel Map shall be valid for a period of twenty-four (24) months and shall expire on September 7, 2023, consistent with Section 66452.6(a)(1) of the California Subdivision Map Act. The approved Tentative Parcel Map may be extended consistent with Section 66452.6(e) of the California Subdivision Map Act. Any requested map extension shall be consistent with Section 11-4.23 of the Atascadero Municipal Code FM 4. The Community Development Department shall have the authority to approve minor changes to the 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. FM 5. The Subdivider 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 subdivision. Ongoing 6. The Subdivider shall pay all applicable Quimby Act fees to the City in accordance with the fee schedule and policies in effect at the time of subsequent applications. FM 7. This map shall be for the approval of 9 airspace units on one common lot. There shall be no further division of the property without approval of a subsequent map. Ongoing 8. Prior to recordation of the final parcel map, the applicant shall submit a condominium plan for recording concurrently with the final parcel map. A qualified licensed professional shall prepare the final parcel map and the condominium plan. FM 9. Prior to recordation of the final map, the applicant shall provide recorded CC&R’s outlining maintenance responsibilities between the owners. CC&R’s shall be consistent with, and address existing CC&Rs for the Colony Square project as needed. FM 10. The site shall be kept in a neat manner at all times and the landscaping shall be continuously maintained in a healthy and thriving condition. Ongoing Public Works Conditions 11. Prior to approval of the Parcel Map, the Applicant shall have the map reviewed by the pub lic utility providers for power, telephone, gas, cable TV, and the Atascadero Mutual Water FM 42 ITEM NUMBER: 3 DATE: 9/7/21 Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Conditions of Approval Tentative Parcel Map 6917 El Camino Real SBDV 21-0065 Timing BL: Business License FM: Final Map GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy 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. 12. 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. 13. The City of Atascadero may require an additional map sheet for information purposes in accordance with the Subdivision Map Act. 14. Provide updated CC&Rs or tiered CC&Rs prior to recordation of the final map. 15. Provide a condominium plan, which contains descriptions and diagrams identifying the boundaries of the separate interests (the condominium “units”), the common areas, and exclusive use common areas (ie. parking spaces and balconies), prior to recordation of the Final map. 16. Applicant to pay Sewer Processing Fee at time of Final Map Application for updating billing records for the new APNs created with the Map. 43 ITEM NUMBER: DATE: 09/07/21 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: Tentative Parcel Map SBDV21-0065 44