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Home My WebLink AboutPC Resolution 21-0010PC RESOLUTION 2021-0010 t CITY OF ATASCADERO PLANNING 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 and WHEREAS, the site has a General Plan Designation of High Density Residential (HDR); 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. 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. 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 person's 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 Ave. 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. 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 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. Findiny_s 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 Anderson, and seconded by Commissioner Keen, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: Anderson, Carranza, Hughes, Keen, van den Eikhof (5 ) NOES: None (0 ) ABSENT: McIntyre, Schmidt (2 ) ABSTAINED: None (0 ) ADOPTED: July 20, 2021 CITY OF ATASCADERO, CA Jeff v n ikho Planning Commission Chairperson AT ST:: Phil Dunsmore Planning Commission Secretary EXHIBIT A: Conditions of Approval AIVIND 21-0054 Conditions of Approval Timing AMND 21-0054 5880 Ardilla Ave. BL: Business License GP: Grading Permit Addition to existing residential multi -family 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 Ongoing attached exhibits and located on APN 030-271-019. 2. The approval of this use permit shall become final and effective for the purposes of Ongoing 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. 3. The Community Development Department shall have the authority to approve the BP 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. 4. Approval of this Conditional Use Permit shall be valid for twenty-four (24) months BP 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. 5. The applicant shall defend, indemnify, and hold harmless the City of Atascadero or its Ongoing 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. 6. All exterior elevations, finish materials and colors shall be consistent with what is shown BP / FI in EXHIBIT D. 7. The applicant shall submit a landscape and irrigation plan concurrently with their BP / FI building permit submittal. 8. The developer and/or subsequent owner shall assume responsibility for the Ongoing continued maintenance of all landscape and common areas, consistent with EXHIBIT D. 9. Trash receptacles are to be fully shielded from adjacent properties. BPI Ongoing 10. The applicant shall submit a Parking Management Plan, to be approved by the FI Community Development Director, and record the plan prior to requesting a final planning inspection. 11. The applicant shall add a new six foot tall fence along the eastern property line prior BP to requesting a final planning inspection. 12. Prior to issuance of building permits, the owner shall record a deed restriction BP designating the project as 100% affordable to low income households for a minimum term of 55 -years. City Engineer Conditions 13. 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). 14. 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. 15. The applicant shall work with the City Engineer to determine if frontage improvements are feasible and/or warranted prior to issuance of building permits. 16. The applicant shall work with the City Engineer to determine if additional street lighting is feasible and/or warranted prior to issuance of building permits. Fire Department Conditions 17. Show non-skid surface where required per the Fire Code. m 'm x X W C? t� d N _G Z E Q m 3 is 0 :ri., ..� .a .rs t w RMW- Z Ln l4 4 C C Q CL 'aZ � Z J Q W H m K W 44 w It