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HomeMy WebLinkAboutPC_2023-09-05_AgendaPacket 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 5, 2023 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 Greg Heath Commissioner Randy Hughes 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 mot ion if no member of the Commission or public wishes to comment or ask questions.) 1. APPROVAL OF THE DRAFT MINUTES OF JULY 18, 2023 • Recommendation: Commission approve the July 18, 2023 Minutes. City of Atascadero Planning Commission Agenda Regular Meeting September 5, 2023 Page 2 of 3 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan this QR Code with your smartphone to view the Planning Commission Website. PLANNING COMMISSION BUSINESS COMMUNITY DEVELOPMENT STAFF REPORTS 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. 4701, 4711, 4721, 4731, 4741 EL CAMINO REAL and 5900 THROUGH 5938 GRAN PASEO WAY The proposed project is to consider a request for common area amenity space modifications for the Grand Oaks Paseo Project on APN 029-274-001 through 029- 274-032 for CalCoastal Holdings, LLC. (AMND23-0080) • Recommendation: Staff’s recommendation is for the Planning Commission to approve the requested modifications as conditioned. COMMISSIONER COMMENTS AND REPORTS DIRECTOR’S REPORT ADJOURNMENT The next regular meeting will be held on September 19, 2023 at 6:00 p.m. at City Hall, Council Chambers, 6500 Palma Ave, Atascadero, CA. 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 5, 2023 Page 3 of 3 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 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 m ay be reviewed by the public. Copies of meeting recordings are available for a fee. Contact the City Clerk for more information at (805) 470-3400. 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 Commission 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 Community Development Department at (805) 461-5035 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. HOW TO SUBMIT PUBLIC COMMENT: If you wish to comment, please email public comments to: pc-comments@atascadero.org by 12:00 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 forwarded to the Planning Commission and made a part of the administrative record. If a comment is received after the deadline for submission but before the close of the meeting, the comment will still be included as a part of the administrative record of the meeting but will be forwarded to the Planning Commission the next business day. Please note, email comments will not be read into the record. 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 tha t are either read into the record or referred to in their statement will be noted in the Minutes and available for review by contacting th e Community Development Department. All documents are available for public inspection during City Hall business hours by appointment. PC Draft Minutes of 7/18/2023 Page 1 of 5 ITEM NUMBER: 1 DATE: 9-5-23 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting – Tuesday, July 18, 2023 – 6:00 P.M. City Hall 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: Commissioners Anderson, Carranza, Heath, Hughes, Schmidt, Vice Chairperson Keen, and Chairperson van den Eikhof Absent: None Vacant: None Others Present: Annette Manier, Recording Secretary Staff Present: Senior Planner, Kelly Gleason Associate Planner, Mariah Gasch Staff Absent: Community Development Director, Phil Dunsmore APPROVAL OF AGENDA MOTION: By Commissioner Carranza and seconded by Commissioner Hughes to approve the Agenda. Motion passed 7:0 by a roll-call vote. PUBLIC COMMENT None. Chairperson van den Eikhof closed the Public Comment period. 1 PC Draft Minutes of 7/18/2023 Page 2 of 5 ITEM NUMBER: 1 DATE: 9-5-23 CONSENT CALENDAR 1. APPROVAL OF THE DRAFT MINUTES OF JUNE 20, 2023 • Recommendation: Commission approve the June 20, 2023 Minutes. MOTION: By Commissioner Anderson and seconded by Commissioner Schmidt to approve the Consent Calendar. Motion passed 7:0 by a roll-call vote. PLANNING COMMISSION BUSINESS None COMMUNITY DEVELOPMENT STAFF REPORTS None PUBLIC HEARINGS 2. 6225 ATASCADERO AVE., ABC CHURCH (CONTINUED FROM 6/20/2023) The proposed project is for an amendment to the original use permit to revise conditions to consider allowing amplified sound on APN 030-192-018. (AMND22- 0037) • Recommendation: Staff’s recommendation is for the Planning Commission to approve or deny the outdoor amplified music. DISCLOSURE OF EX PARTE COMMUNICATIONS: Commissioner Anderson had a discussion with Shaun Russel regarding the project on June 20, 2023, as stated at the last meeting. All other commissioners had no ex parte. Planner Gasch presented the staff report and answered questions from the Commission. PUBLIC COMMENT The following members of the public spoke: Shaun Russel and Theresa Robinson. Mr. Russel addressed questions raised during Commission deliberation s, and answered questions from the Commission. Chairperson van den Eikhof closed the Public Comment period. 2 PC Draft Minutes of 7/18/2023 Page 3 of 5 ITEM NUMBER: 1 DATE: 9-5-23 MOTION: By Commissioner Carranza and seconded by Commissioner Hughes to adopt Draft Resolution A amending ABC Church’s Master Plan of Development (PC Resolution 2005-0036) and approving AMND 22-0037 to allow outdoor amplified music, based on findings and subject to conditions of approval, with the elimination of Condition 12. Motion passed 6:1 by a roll-call vote. (Schmidt voted no) 3. CONDITIONAL USE PERMIT FOR 6805 SYCAMORE ROAD (CONTINUED FROM 6-20-23) The proposed project is a request to add RV storage lot to an existing site for VSM Leasing & Rentals with an exception to minimum landscape standards on APN 028-121-001. (USE21-0107) • Recommendation: Staff’s recommendation is for the Planning Commission to allow a new business for outdoor recreational vehicle (RV) storage in the Industrial Park zone. DISCLOSURE OF EX PARTE COMMUNICATIONS: All Commissioners had no new ex parte since the last meeting. Planner Gasch provided the background on the project site, and explained why the project is coming back before the Commission. Planner Gasch presented the staff report, and she and Planner Gleason answered questions from the Commission. The applicant is requesting an exemption from the landscaping requirement. Planner Gasch shared a list of allowable uses for this site (Exhibit A). Planner Gleason stated that the City received public comment stating that there was a Bald Eagle’s nest close to the proposed site. After consulting with the City Attorney (who is available during this meeting) the City is adding a condition as follows: • The applicant shall hire a qualified biologist to provide a nesting bird survey and survey for special status species within 3 month of construction commencement. This survey shall include a survey for Eagle nests within 1 mile of the project site. The applicant shall follow all recommendations of the qualified biologist and shall obtain all permits from the Dept of Fish and Wildlife as necessary. 3 PC Draft Minutes of 7/18/2023 Page 4 of 5 ITEM NUMBER: 1 DATE: 9-5-23 PUBLIC COMMENT The following members of the public spoke: Don McAdam (representing the Water Company and VS Marine) who shared a presentation (Exhibit B), Audrey Taub, Susan Harvey (representing No. Co. Watch), and Alandra (wildlife biologist). Chairperson van den Eikhof adjourned the meeting at 7:49 p.m. for a break due to technical difficulties. Chairperson van den Eikhof called the meeting back to order at 8:00 p.m. with all present. PUBLIC COMMENT (CONTINUED) The following members of the public spoke: Dolores Howard (SLO Beaver Brigade), Jodi Olson, Eric Finlayson, Susie Reynolds, Dwayne English (who stated for the record that he opposes this project), Anne Colby, John Chapman, Theresa Robinson, Scott Kelley, Ray Hasch, and Steven Plauman. Chairperson van den Eikhof closed the Public Comment period. Staff addressed questions raised during public comment. MOTION: By Commissioner Schmidt and seconded by Commissioner Hughes to approve the Conditional Use Permit (CUP) USE21-0107 allowing a new business for outdoor Recreational Vehicle (RV) storage in the Industrial Park zone, with the included additional condition recommended by staff. Motion passed 4:3 by a roll-call vote. (Anderson, Carranza and Keen voted no) Chairperson van den Eikhof and Planner Gleason explained that any decision made by the Planning Commission is appealable to the City Council and there is a fee if filed by the public, but no fee if filed by Council. An appeal must be made within 14-days. COMMISSIONER COMMENTS AND REPORTS None DIRECTOR’S REPORT Planner Gleason stated that we currently have no items ready for the August 1st meeting, so that meeting may be cancelled. 4 PC Draft Minutes of 7/18/2023 Page 5 of 5 ITEM NUMBER: 1 DATE: 9-5-23 ADJOURNMENT – 9:00 p.m. The next regular meeting is scheduled for August 1, 2023, at City Hall, 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 – Allowable Uses Handout Exhibit B - Presentation by Don McAdams 5 ITEM 2 | 9/5/23 Grand Oaks AMND23-0080/ Cal Coastal Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Atascadero Planning Commission Staff Report – Community Development Department Grand Oaks Paseo Common Amenity Areas Amendment AMND23-0080 RECOMMENDATION(S): Planning Commission Adopt Draft Resolution amending Grand Oaks Master Plan of Development (Resolution 2019-082) and approving AMND23-0080 to revise the common open space and amenity plan, based on findings and subject to conditions of approval. Project Info In-Brief: PROJECT DESCRIPTION The proposed amendment includes elimination of the community building and redesign of the central common amenity space. Proposed improvements include a concrete patio with fireplaces, outdoor seating areas, and a dog run. PROJECT ADDRESS: Gran Paseo (formerly 4711 El Camino Real) Atascadero, CA PROJECT PLANNER Kelly Gleason 470-3446 kgleason@atascadero.org APPLICANT Cal Coastal Holding, LLC ENVIRONMENTAL DETERMINATION The proposed modifications will not create additional environmental impacts that were not identified in the previously certified Mitigated Negative Declaration prepared for the Grand Oaks project (DEV19-0049). 6 ITEM 2 | 9/5/23 Grand Oaks AMND23-0080/ Cal Coastal Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero DISCUSSION: Existing Surrounding Uses Existing Zoning Existing Aerial / Surrounding North: South: East: West: Residential Single Family-X / Commercial Professional (CP) Commercial Retail (CR) Residential Single- Family (RSF-X) Commercial Service / El Camino Real Background The Grand Oaks Development was approved by the City Council in November of 2019. The project included a small-lot cottage subdivision with common area amenities and live- work townhomes along the El Camino Real frontage. The project included a pproval of a custom Planned Development Overlay Zone to allow for the small lot subdivision and subsequent sale of each unit. As part of the project approval, the Council found that the project met the special findings for approval of the Planned Development Overlay Zone, as highlighted in the chart below: Project Area Project Area 7 ITEM 2 | 9/5/23 Grand Oaks AMND23-0080/ Cal Coastal Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Construction began in 2020 with approximately 50% of the units complete to date. The work-live portion of the project has not been started. During the time of construction, the project encountered challenges associated with the COVID pandemic, unstable constriction material costs and availability, and above normal rainfall. Additionally, the applicants spent revenue from this project on other projects outside of the City. These factors contributed to a substantially delayed completion schedule. The developers are requesting modifications to the approved Master Plan of Development to reduce the common residential amenities as a cost savings measure. Analysis Existing Master Plan of Development The existing Mater Plan of Development was designed with two main resident amenity spaces: the central open space and a community building adjacent to the El Camino Real frontage. The project, as approved, included an additional residential unit adjacent to the interior open space area. Prior to construction, the developers decided not to construct this unit to allow more open space between the units. The construction plans included an expanded deck surrounding two large live oak trees. This area included shared amenities Central Open Space area Community Building 8 ITEM 2 | 9/5/23 Grand Oaks AMND23-0080/ Cal Coastal Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero such as walking paths, community gardens, fire-pits, bocce court, BBQ and picnic areas. Due to construction impacts and drought conditions in 2020, one of the significant large oak trees died and was removed for safety. There is one remaining oak tree. The approved project also included a community building along the El Camino Real frontage. This building was envisioned to have a community kitchen and dining area/flex space with options for meeting rooms to be shared by the cottage and live-work homeowners. Revised Community Amenity Proposal A concrete patio space is proposed where a residential unit would have been. This patio is designed with a propane BBQ, gathering space, and propane firepit. This new area would be flat with a retaining wall along the western edge to accommodate access from the surrounding units are create a more usable space. Staff has conditioned that a permanent gas line be installed to the firepit to ensure that this area provides a quality amenity for the residents. Informal seating areas are proposed under the remain ing oak tree with mulch to reduce impacts to the rootzone as much as possible. The developers did have an arborist review the common area plans and it was recommended that improvements be minimized under the dripline of the tree to ensure post -construction survivability. The tree is currently in a state of decline. New patio space Informal seating areas 9 ITEM 2 | 9/5/23 Grand Oaks AMND23-0080/ Cal Coastal Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero The construction of the 1,900 square foot community building has become financially infeasible for the developers. In order to continue construction on the remaining units, including the live-work building, the developer is requesting replacement of the community building with an additional outdoor amenity space. The proposal includes paved gathering space surrounding a large at-grade planter. This planter could accommodate a large shade tree. Permanent benches would be installed surrounding the planter. As there is a grade change from the sidewalk to the adjacent residential cottages, retaining walls will be required. The current plan shows the community patio at grade with the sidewalk with a ramp and stairs from the sidewalk to the residential level. It is unclear from the submitted landscape plan how the patio will accommodate the change in grade over the width of the space. Staff has added a condition that the patio space be raised off of the public way to create a more private feeling space for the residents. 10 ITEM 2 | 9/5/23 Grand Oaks AMND23-0080/ Cal Coastal Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Conclusion The Grand Oaks Project is partially complete with approximately 50% of the cottage units sold and construction ongoing on 4 additional units. Construction has not begun on the remaining 5 cottages nor the live-work building, the carport, or bike storage building. Many of the amenities that were intended to be completed at this time, are not in place, and both the current residents and the City are concerned about the existing and future condition of the property. The developer is requesting modifications to the community amenity spaces in response to challenging financial conditions and deletion of one of the units adjacent to the central amenity space. Project conditions include timelines and goals in order to help ensure orderly development. ALTERNATIVES: 1. The Planning Commission may include modifications to the proposed change request and/or conditions of approval. 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 request 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 requested modification. 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. It is important to note that the city cannot force construction of additional buildings but occupancy on future units will be held to ensure the completion of any common landscaped area adjacent po completed units. ATTACHMENTS: 1. Draft Resolution 2. Arborist Report 11 ITEM 2 | 9/5/23 Grand Oaks AMND23-0080/ Cal Coastal Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENT 1: Draft Resolution AMND23-0080 DRAFT PC RESOLUTION RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING AMENDMENTS TO THE GRAND OAKS PROJECT MASTER PLAN OF DEVELOPMENT(AMND23-0080) TO ALLOW MODIFICATIONS TO THE COMMON AMENITY SPACE APN 029-274-032, 029-274-03, 029-274-014 GRAND OAKS COMMUNITY AMENITIES ATASCADERO CALIFORNIA MANOR, LP (AMND23-0080) WHEREAS, an application has been received from Cal Coastal Holdings, LLC, (Applicant/ Owner), 242 El Dorado Way, Pismo Beach, CA 93449, (AMND23-0080) to consider an Amendment to the Master Plan of Development (Resolution 2019-082) to revise the common community amenity areas; and WHEREAS, the site has a General Plan Designation of High Density Residential (HDR) and General Commercial (GC); and WHEREAS, the site is in the Residential Multi-Family 24 (RMF-24) zoning district and Commercial Retail (CR) with a Planned Development Overlay Zone (PD27); and WHEREAS, A Master Plan of Development was approved by the City Council consistent with the PD overlay standards on November 12, 2019 (Resolution 2019-082); and WHEREAS, per the conditions of approval for the project, the Planning Commission has the authority to consider modifications to the Master Plan of Development; 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 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 Amendments; and NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: 12 ITEM 2 | 9/5/23 Grand Oaks AMND23-0080/ Cal Coastal Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 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 amendment application on September 5, 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 proposed amendments are consistent with the General Plan. The project site is designated General Commercial and High-Density Multi-Family and was approved as a custom-small lot subdivision with shared amenity space and a mixed-use component along the project frontage, consistent with the General Plan goals and policies. The proposed amendments do not change the overall use or character of the project. 2. The proposed project or use satisfies all applicable provisions of the Zoning Ordinance; and Fact: The project was approved as part of a master planned residential and live-work project and a custom Planned Development Overlay zoning district was approved for the project to allow for the small-lot subdivision and flexibility in zoning standards. Findings were made at the time of project approval that the project satisfied all additional findings to qualify for the Planned development Overlay zone. The proposed amendments do not change the overall use or character of the project. 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 amendment will not change the use or character of the project and will not be detrimental to the health, safety, or welfare of the general public or residents within the project . 13 ITEM 2 | 9/5/23 Grand Oaks AMND23-0080/ Cal Coastal Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 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 amendments are to the common amenity areas only. No changes are proposed to the overall site development plan or unit design. 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 proposed amendments will not affect the use of the project site. No new uses are proposed. 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. City council policy requires special findings to be made to approve a Planned development Overlay Zone, which include high quality landscape design. The proposed amendments include high quality plant material and design, consistent with required findings. SECTION 5. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on September 5, 2023, resolves to approve an Amendment to the Grand Oaks Paseo Master Plan of Development (AMND23-0080), subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Revised project landscape and community amenity plan 14 ITEM 2 | 9/5/23 Grand Oaks AMND23-0080/ Cal Coastal 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 15 ITEM 2 | 9/5/23 Grand Oaks AMND23-0080/ Cal Coastal Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero EXHIBIT A: Conditions of Approval AMND23-0080 Conditions of Approval Grand Oaks Paseo Common Area Amendments AMND23-0050 Timing BL: Business License FM: Final Map GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Planning Services 1. City Council Resolution 2019-082 and all associated entitlements shall be amended to revise the design of the community amenity spaces as depicted in EXHIBIT B, subject to the conditions listed herein. All previous conditions approved as part of DEV19-0049 shall remain in effect unless specifically amended by this resolution. The project site is known as the Grand Oaks Paseo project and this approval shall be in effect regardless of owner. Ongoing PS 2. The approval of these entitlements shall become final and effective for the purposes of issuing building permits the day after the hearing, unless an appeal is made within 14 days of the approval hearing in accordance with the Atascadero Municipal Code. Ongoing PS 3. 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 Tract Map. FM PS 4. 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 this Conditional Use Permit. Ongoing PS 5. The common amenity space shall include the features, detailed in EXHIBIT B, and as modified below prior to final, including, but not limited to: Central Open Space area • Movable seating within the central open space area • A minimum of 2 natural gas or propane fire pit tables • A minimum of 3 BBQs • An outdoor natural gas fireplace with permanent gas line installed El Camino Frontage Amenity Space • 8 fixed benches • Minimum 15-gallon shade tree in the center planter with a minimum trunk diameter of 1.5 inches and minimum height of 8 feet from the soil level to the top of the tree. If a 15-gallon tree cannot be found that meets the minimum measurements, a 24” box shall be planted. • Retaining walls shall be of the same base material as shown for the live- work building. • Bollard and low-level lighting for safety . Ongoing PS 6. The El Camino Frontage amenity space shall be raised in elevation from the public way. 7. The Central Open Space area shall be completed prior to final of any units requesting final after 08/22/23. 16 ITEM 2 | 9/5/23 Grand Oaks AMND23-0080/ Cal Coastal Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Conditions of Approval Grand Oaks Paseo Common Area Amendments AMND23-0050 Timing BL: Business License FM: Final Map GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney 8. The El Camino Frontage Amenity Space shall be completed prior to final of the last unit in the grouping of lots 22 through 26 or any mixed-use unit, whichever occurs first. 17 ITEM 2 | 9/5/23 Grand Oaks AMND23-0080/ Cal Coastal Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero EXHIBIT B: Revised project landscape and community amenity plan AMND23-0080 See Following 18 LTLTLTLTLTWBWBWBWBWBWBRTRTRTRTRTRTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOORHRHRHRHOOOOOOOCCCCCCCCCRTRTMYRMYRLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTOOOOOOORHARHARHARHARHARHARHARHARHARHARHARHARHARHARHARHARHARHARHARHARHAOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOORHARHARHAWBWBWBWBWBWBRHRHRHRHRHRHRHRHRHRHRHRHRHRHRHARHARHARHARHARHARHARHARHARHARHARHARHARHARHARHARHARHARHARHAAJDAJDAJDAJDAJDAJDAJDAJDAJDAJDAJDAJDAJDAJDAJDAJDAJDAJDAJDAJDAJDAJDAJDAJDAJDAJDOOOOOOOOOOOOOOOOOOSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSDIDIDIDIDIDIDIDIDIDIDIDIDIDIDIDIDIDIDIDIDIDIDIDIDIDIDIDIDIDIJJJJJJJJJJJJJWBJJJJJJJJJJJJJJJJJJJJJJJJWBWBWBWBOOOOSSSSSSSSSSSSSSSSSSSSSSSSSSSOOOOOLTLTLTLTLTLTLTLTRTRTRTRTLTLTLTLTLTLTLTLTLTSSSSSSSSSSSSSOOOOOOOOSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTSSSSSSSSSSSSSRTRTRTLTLTLTLTLTOOOOOOOOOOSSSSSSSSSSSSSSSSSSSSSSSSSSSRTRTSSRTRTRTOOOOOSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSRTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTLTDIDIDILTLTLTLTRTRTRHRHRHRHRHRHRHRHRHRHSSSSSSSSSSSSWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBSSSSSSSSSLTLTLTLTBBBBBBBBBBBBBBBBCISCISCISCISCISCISCISCISCISCISCISRHRHRHRHRHRHOOOOOOOOOOOOOOOOOOOOOOOOOOWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBOOOWBWBWBWBWBWBWBWBWBWBWBWBWBDIDIDIDIDIDIWBWBWBWBWBRHRHRHRHRHRHRHRHRHRHRHRHRHRHRHRHRHRHRHWBWBWBVVVVVVVVVVVVVVVWBWBWBWBWBZZZZZZZZZZZZZWBZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZZOOLLLLLLLLLLLLLLLLWBWBWBWBWBWBWBWBWBRTRTIIIWBWBWBWBWBWBIIIIIIIIIIIZZZIIIIIIIIIIIIIIIIIIIIIIIIIIIWBIIIIIIIWBWBWBWBWBWBZZZZRHRHRHRHRHRHRHSIIIIIIIIIIIIIIIIIIIIIIIIIWBWBWBWBIIIIIIIIIIIIIIIIIILLLLIIPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPPQQQQQQQQQQVIIIJRHRHRHRHSSSSOOOOCCCWBWBWBWBWBWBMYRAJDAJDSSSSSSSQQQAJDAJDRHRHRHRHRHRHRHRHRHRHRHRHRHRHRHCCCCCCCCCSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSSRHARHARHARHARHARHARHARHARHARHARHARHARHARHARHARHARHARHARHARHARHARHARHARHARHAOOOOOOODIDIDIDIDISSSSSSSSSSSSSSSSSSSSSSSSSSSSCCCCCCCCCCCCCCMYRMYRMYRMYRMYRMYRMYRMYRMYRMYRMYRMYRMYRMYRMYRMYRMYRMYRMYRMYRMYRMYRMYRMYRMYRMYRMYRMYRMYRMYRMYRMYRMYRMYRMYRMYRMYRMYRMYRMYRMYRMYRMYRMYRMYRMYRMYRMYRMYRMYRMYRMYRMYRMYRMYRMYRMYRMYRMYRMYRMYRMYRMYRMYRMYRMYRMYRMYRMYRMYRMYRMYRMYRMYRMYRMYRMYRMYRMYRMYRMYRMYRMYRRHARHARHASSSSSSSSSSSSSSSSSSSOOOOOOOOOOOOOOOSSSSSSSSSSSSSSSSSSSSSSSZOOVOOOVOVVVVIILTLTIIIIVVVVOVOOVDIDIDIRHRHRHRHIIIIIIIIIDIDILRHRHRHIIIIIIII19 ITEM 2 | 9/5/23 Grand Oaks AMND23-0080/ Cal Coastal Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENT 2: Arborist Report AMND23-0080 20 Arborist Report/Review Grand Oaks Project Cal Coast Properties, Inc. 242 El Dorado Wy. Pismo Beach, CA 93449 805-215-2703 cell jack@calcoastalslo.com Ted@calcoastalslo.com 4711 El Camino Real, Atascadero, CA I met with Jack and Ted on Friday the 18th and they told me about the options for decking or synthetic turf to go on the root zone of the White Oak. When I began to educate them about the effect that would have on the tree they realized that they would like to change the plan to treat the root zone as naturally as possible, creating the least disturbance to as much of the root zone as is possible. This really will be the only workable plan to be able to save the tree and all of its benefits. They began to realize it was better to leave the root zone in as natural a state as possible, even repairing the presently grade-changed area to the natural grade that existed pre-construction. Oak litter and freshly chipped tree chippings will be used if any additional mulch will be needed to create a 3 inch mulch layer on top of the soil in all exposed areas of the root zone. They mentioned a non-machinery compacted base DG walkway through the root zone area which they will show on their plans. Synthetic turf anywhere near 40 feet of the trunk of the tree will absolutely stop the root activity underneath said turf area due to the compacted base that needs to be created for synthetic turf installation. The tree would respond negatively as a result and then would be at much higher risk of drought stress and eventual death. Please let me know if you have any other questions or if there is anything I can do. Prepared by: David Brown 805-474-8013 21