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Home My WebLink AboutPC Resolution 2023-0009PC RESOLUTION 2023-0009 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING CALIFORNIA MANOR I AND CALIFORNIA MANOR II'S MASTER PLAN OF DEVELOPMENT(AMND23-0050) FOR 93 LOW INCOME UNITS AND 2 MANAGER'S UNITS ON PARCEL 1 AND 67 LOW INCOME UNITS, 8 MODERATE INCOME UNITS AND 1 MANAGER UNIT ON PARCEL 2 APN 030-461-044 CALIFORNIA MANOR II ATASCADERO CALIFORNIA MANOR, LP (AMND23-0050) WHEREAS, an application has been received from Atascadero California Grand Manor, LP (Applicant/ Owner), 1370 Jensen Ave. #B, Sanger, CA 93657, (AMND23-0050) to consider an amendment to the Master Plan of Development (PC Resolution 21-0014 and 22-0017) to revise the number of required deed restricted units in California Manor I from 95 low income units to 93 low income units and 2 manager's units and the number of required deed restricted units in California Manor II from 76 low income units to 76 one hundred percent affordable senior housing units consisting of 67 low income units with rents at or below 60% AMI, 8 units with rents at or below 80% AMI and 1 manager unit; and and WHEREAS, the site has a General Plan Designation of High Density Residential (HDR); WHEREAS, the site is in the Residential Multi -Family 24 (RMF -24) zoning district; and WHEREAS, the project qualifies for four automatic concessions Government code section 65915 related to development standards when applicant restricts the development to 100% low income, exclusive of a manager's units. WHEREAS, up to 20% of the units in the development, including total units and density bonus units, may be for moderate -income households. WHEREAS, Government code section 65915 requires the applicant to record a deed restriction through the City that will run with California Manor I and California Manor II for fifty- five years. 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 Subdivision and Conditional Use Permit 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 Subdivision; 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. The Planning Commission held a duly noticed public hearing to consider the project on June 20, 2023 and considered testimony and reports from staff, the applicants, and the public. SECTION 3. CEQA. This Ordinance is exempt from the California Environmental Quality Act (CEQA), Public resources Code Section 21000 et seq., because it can be seen with certainty that there is no possibility that the enactment of this Ordinance would have a significant effect on the environment (Pub. Resources Code § 21065; CEQA Guidelines §§ 15378(b)(4), 15061(b)(3). SECTION 4. Facts and Findings. The Planning Commission makes the following findings, determinations and approvals. I. The Planning Commission finds as follows: 1. The proposed project is consistent with the General Plan; and Fact: The High -Density Residential land use designation is designed to encourage housing types that increase density in the city. Additionally, the project is consistent with the Housing Element of the general plan, especially HOS Policy 1.3: Encourage the production of housing, with particular emphasis on housing affordable to persons with disabilities, elderly, large families, female -headed households with children, and homeless individuals. Because this is a senior (62+) affordable housing development, the City will be providing necessary housing for its elderly population. Also, this affordable housing project will help the city reach its RHNA numbers for low-income housing before the deadline of 2028. 2. The proposed projector use satisfies all applicable provisions of the Zoning Ordinance; and Fact: This proposed project was previously permitted through the Conditional Use Permit Process and was conditioned to meet all standards of the zoning code and State Density Bonus. 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 modification to affordability levels will not impact the site or the way the project is built. 4. The proposed projector use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development; and Fact: The modification of affordability levels will not change the physical characteristics of the 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 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 modification of affordability levels will not impact traffic or circulation. 6. The proposed project is in compliance with any pertinent City policy or criteria adopted by ordinance or resolution of the City Council. Fact: As conditioned, the projects meets all City and State development standards. SECTION 5. Apuroval. The Planning Commission of the City of Atascadero, in a regular session assembled on June 20, 2023, resolves to approve an amendment to California Manor II's Master Plan of Development (AMND23-0050), subject to the following: EXHIBIT A: Conditions of Approval On motion by Commissioner Carranza and seconded by Commissioner Hughes, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: Anderson, Carranza, Hughes, Schmidt, Keen, van den Eikhof (6) NOES: None (0) ABSTAIN: None (0) ABSENT: Heath (1) ADOPTED: June 20, 2023 CITY OF ATASCADERO, CA Je n Eikhof Planning Commission Chairperson Attest: Phil Dunsmore Planning Commission Secretary EXHIBIT A: Conditions of Approval SBOV 22-0077 Conditions of Approval Timing Responsibility /Monitoring Ca/ifomia Manor //Apartments BL: Business License PS: Planning Services 10165 EI Camino Real FM: Final Map GP: Grading Permit BS: Building FD: Fire Department AMN023-0050 BP: Building Permit Fl: Final Inspection PD: Police Deparhnent CE: City Engineer TO: Temporary Occupancy F0: Find Occupancy WW: Wastewater CA City Attorney Planning Services 1. PC Resolutions 21-0014 and 22-0017 shall be amended to allow the number of Ongoing PS required deed restricted units in California Manor II as 76 low income units to 76 one hundred percent affordable senior housing units consisting of 67 low income units, 8 moderate income units and 1 manager unit, subject to the conditions listed herein. All previous conditions approved as part of DEV21-0045 and SBDV22-0085 shall remain in effect unless specifically amended by this resolution. The project site is at 10165 EI Camino Real (APN 030-461-044) and this approval shall be in effect regardless of owner. 2. The appeal period is fourteen (14) days following the Planning Commission Ongoing PS 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. 3. The approval of this amendment shall become final and effective for the purposes FM PS 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. 4. The Community Development Department shall have the authority to approve FM PS 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 Tract Map. 5. The applicant shall defend, indemnify, and hold harmless the City of Atascadero Ongoing PS 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 this conditional use permit. 6. A deed restriction shall be entered between the City of Atascadero and the Ongoing PS applicant deed restricting 93 units on Lot 1 of Tract Map 3204 as one hundred percent affordable senior housing units (ages 62+) consisting of 93 low income units with rents at or below 60% AMI, and 2 manager units as well as 76 units on Lot 2 of Tract Map 3204 as one hundred percent affordable senior housing units (ages 62+) consisting of 67 low income units with rents at or below 60% AMI, 8 units with rents at or below 80% AMI and 1 manager unit. The number of units deed restricted revised without amending the Master Plan of Development. Manager's units shall remain unrestricted as to rent and income.