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HomeMy WebLinkAboutPC_2023-09-19_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 19, 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 motion if no member of the Commission or public wishes to comment or ask questions.) 1. APPROVAL OF THE DRAFT MINUTES OF SEPTEMBER 5, 2023 • Recommendation: Commission approve the September 5, 2023 Minutes. City of Atascadero Planning Commission Agenda Regular Meeting September 19, 2023 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. 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. 5705 OLMEDA AVE. CARE FACILITY The proposed project is to consider a request for a Conditional Use Permit to designate the site as a residential care facility within an existing multi-family property for Family Care Network on APN 029-253-016. (USE23-0072) • Recommendation: Staff’s recommendation is for the Planning Commission to approve the project. 3. MORRO ROAD/CURBARIL AVE MIXED-USE PROJECT The proposed project is to consider a mixed-use development for Curbaril Corner LLC, on the following addresses/APNs: (USE22-0093) 7955 MORRO ROAD & 8005 CURBARIL AVE (APN 031-161-044) 8021, 8023, 8025, 8027 CURBARIL AVE (APN 031-161-048) 8051&8053 CURBARIL AVE (APN 031-161-045) 8035 CURBARIL AVE (APN 031-161-049) 8011 CURBARIL AVE (APN 031-161-046) 8041 & 8043 CURBARIL AVE (APN 031-161-050) 8017 CURBARIL AVE (APN 031-161-047) 8045 CURBARIL AVE (APN 031-161-051) • Recommendation: Staff’s recommendation is for the Planning Commission to approve the project. City of Atascadero Planning Commission Agenda Regular Meeting September 19, 2023 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 October 3, 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 19, 2023 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 for public inspection during City Hall business hours at the Front Counter of City Hall, 6500 Palma Avenue, Atascadero, and on our website, www.atascadero.org. All documents submitted by the public during Commission meetings that are either read into the record or referred to in their statement will be noted in the minutes and available for review in the Community Development Department. Commission meetings are audio recorded, and may be reviewed by the public. 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 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 th e Community Development Department. All documents are available for public inspection during City Hall business hours by appointment. PC Draft Minutes of 9/5/2023 Page 1 of 4 ITEM NUMBER: 1 DATE: 9-19-23 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting – Tuesday, September 5, 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 Hughes 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: Community Development Director, Phil Dunsmore Senior Planner, Kelly Gleason APPROVAL OF AGENDA MOTION: By Commissioner Heath 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. CONSENT CALENDAR 1. APPROVAL OF THE DRAFT MINUTES OF JULY 18, 2023 • Recommendation: Commission approve the July 18, 2023 Minutes. 1 PC Draft Minutes of 9/5/2023 Page 2 of 4 ITEM NUMBER: 1 DATE: 9-19-23 MOTION: By Commissioner Schmidt and seconded by Vice Chairperson Keen 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. 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 Cal Coastal Holdings, LLC. (AMND23-0080) • Recommendation: Staff’s recommendation is for the Planning Commission to approve the requested modifications as conditioned. DISCLOSURE OF EX PARTE COMMUNICATIONS: Commissioner Carranza stated that she visited the site today and knocked on doors, but was not able to reach any residents. She did run into one of the brokers, Marco Caracas from Cal Coastal, who is in the audience tonight. All other commissioners had no ex parte. Planner Gleason presented the staff report, and she and Director Dunsmore answered questions from the Commission. PUBLIC COMMENT The following members of the public spoke: Ted Lawton/Cal Coastal who answered questions from the Commission, Olivia Montiano, Tyler Smith, Marco Caracas, and Korey Jones. Chairperson van den Eikhof closed the Public Comment period. Chairperson van den Eikhof adjourned the meeting at 7:13 p.m. for a break. Chairperson van den Eikhof called the meeting back to order at 7:18 p.m. with all present. 2 PC Draft Minutes of 9/5/2023 Page 3 of 4 ITEM NUMBER: 1 DATE: 9-19-23 PUBLIC COMMENT The following members of the public spoke: Ted Lawton /Cal Coastal who answered questions from the Commission, Marco Caracas, Tyler Smith, and Gonzalo (resident). Chairperson van den Eikhof closed the Public Comment period. The Commission agreed to split the approval of the proposed amendments to the project into Phase 1 and Phase 2, with Phase 2, (the removal and replacement of the community room), to be considered at a future hearing on October 17th . The Commission strongly encouraged residents of the project to voice their wants/needs for the meeting in October. MOTION: By Vice Chairperson Keen and seconded by Commissioner Carranza to adopt a portion of Draft Resolution (PHASE 1) of the amendments to the common amenity space area (specifically the common open space) amending Grand Oaks Master Plan of Development (Resolution 2019-082) as follows: • Strike all conditions and portions thereof that relate to the El Camino frontage amenity space. • Add a condition that the alternative design for the community building lot, be presented at the October 17th PC hearing. • In no case shall an inspection past slab be permitted and completed on two additional residential units that have started construction, or any other residential units that may be constructed, until the removal and replacement of the community room is brought back to the Commission for consideration. • Add a condition that a minimum of two 15-gallon shade trees be installed within the central open space area. • There will be a minimum of one community BBQ with a countertop. • Strike the requirement for a gas fireplace. • Modify condition that requires completion of central open space area prior to final of Lots 17-20 (4-week timeframe). Instead, require completion completed prior to framing inspection for Lots 22 or 23 or any other future lot (18+months timeframe.) Motion passed 7:0 by a roll-call vote. 3 PC Draft Minutes of 9/5/2023 Page 4 of 4 ITEM NUMBER: 1 DATE: 9-19-23 COMMISSIONER COMMENTS AND REPORTS None DIRECTOR’S REPORT Director Dunsmore stated that there is a lot of policy work going on, including the General Plan, and asked the Commissioners to stay posted on upcoming public outreach. Director Dunsmore stated that Objective Design Standards and CEQA thresholds (incl. creeks, PPNs, historic preservation), will be forthcoming. On Oct. 7th, there will be another General Plan meeting, and on October 14th, there will be a meeting at the Lake Pavilion. On September 19th, the Commission will hear a small care facility project on Olmeda, and a mixed-use project on Curbaril/Morro Road. ADJOURNMENT – 8:39 p.m. The next regular meeting is scheduled for September 19, 2023, at City Hall, 6500 Palma Avenue, Atascadero. MINUTES PREPARED BY: ____________________________ Annette Manier, Recording Secretary Administrative Assistant 4 ITEM 2 Residential Care Facility USE23-0072 / Family Care Network 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 Atascadero Planning Commission Staff Report – Community Development Department USE 23-0072 5705 Olmeda Avenue / Residential Care Facility RECOMMENDATION(S): Planning Commission adopt PC Resolution 2023-0012 approving USE23-0072 allowing a Residential Care Facility use with 7 or more residents in the Residential Multi-family 10 du/ac (RMF-10) zone, based on findings and subject to Conditions of Approval. Project Info In-Brief: PROJECT ADDRESS: 5705 Olmeda Ave Atascadero, CA APN 029-253-016 PROJECT PLANNER Sam Mountain Assistant Planner (805)470-3404 smountain@atascadero.org APPLICANT Family Care Network, Inc. (FCNI) PROPERTY OWNER Family Care Network, Inc. (FCNI) GENERAL PLAN DESIGNATION: ZONING DISTRICT: SITE AREA EXISTING USE PROPOSED USE General Commercial Residential Multi-family, 10 du/ac (RMF-10) 0.34 acres Transitional housing 7+ Resident Residential Care Facility 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 5 ITEM 2 Residential Care Facility USE23-0072 / Family Care Network 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: RMF-10 (residential multi-family, 10 du/ac) RMF-24 (residential multi-family, 24 du/ac) RMF-24 (residential multi- family, 24 du/ac) RMF-10 (residential multi-family, 10 du/ac) Project History Originally constructed in 1963, the property was purchased by Family Care Network, Inc. (FCNI) in 2006 and began serving residents in 2007. Since then, FCNI has received ten (10) building permits for various renovations including meter replacements and utility line upgrades, mostly from 2012 to 2014. Currently, the property consists of a parking structure and a fourplex which can serve up to eight (8) residents. The site current houses clients of FCNI who are current or former foster youth in need of housing, as well as an on-site resident advisor. The site will continue to serve the same clientele, and FCNI is seeking to formalize this use in order to add an additional dwelling unit to the property. Project Description / Summary The proposed project consists of an application for a Minor Conditiona l Use Permit to operate the existing and future apartments on the site as a residential care facility use with seven (7) or more residents in the RMF-10 zoning district. The use permit would allow FCNI to add another dwelling unit. They are proposing a 1,190 SF modular dwelling that will allow them to house 3 additional tenants. As part of this project, the existing parking structure will be demolished to make room for the new building. This building was originally submitted to the City as an ADU; however, the site already exceeds allowed density in the RMF-10 zoning district. RMF-10 RMF-24 6 ITEM 2 Residential Care Facility USE23-0072 / Family Care Network Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Although there are no changes in the proposed use of the property, a care facility designation will allow the additional unit to be added by formalizing the care facility use. This is the land use definition closest to the specific use of the property, and will not alter the residential characteristics of the site. The care facility designation also allows a residential property to exceed the unit density of the zoning district, sin ce it no longer operates as a multi-family apartment. The property is roughly 15,000 square feet (0.34 acres), whereas existing Municipal Code requirements mandate that all lots with residential care facilities with seven (7) or more residents must be 20,000 square feet (0.46 acres) or larger. However, the applicant is separately requesting an amendment to the zoning text to allow for care facilities on smaller sites. Staff is currently processing this amendment, and the amendment would need to be completed prior to the occupancy of the additional dwelling unit on the site. Analysis The proposed project is for a Minor Conditional Use Permit for a residential care facility with seven (7) or more residents. Atascadero Municipal Code 9 -3.230 allows this use in RMF zones, including RMF-10, with approval of a minor Conditional Use Permit. The Planning Commission has the authority to approve or deny the CUP, subject to findings, and to adopt conditions of approval for the project. In this scenario, the use would be conditional upon approval of the zone text amendment to allow for the reduced lot size. Parking A.M.C. 9-4.118 details parking requirements for various land uses. Due to the project sharing significant characteristics with multifamily housing, it will be required to meet multifamily housing parking requirements, which mandate two (2) spaces per two - bedroom unit, a half space for every additional bedroom, and one (1) guest space per five (5) units. In total, this project will require 11.5 spaces, rounded to twelve (12). The proposed additional building was originally submitted as an ADU, which per State law only requires a single space rather than the currently-applied standard of 2.5 spaces for a 3-bedroom unit. As a result, plans only show eleven (11) spaces out of a required twelve (12). There is an additional area on the western end of the parking lot which would fit the required dimensions of a parking space per Atascadero Municipal Code with minor modifications. The applicant will be required to submit plans that fulfill AMC 9 -4.118 parking requirements for multifamily housing prior to permit issuance. Design and Landscaping The site currently has many oak trees split between its Olmeda Avenue frontage and the back of the property. Submitted plans show three planters in various areas of the parking lot alongside existing trees; however, the plans do not specify irrigation methods or plant 7 ITEM 2 Residential Care Facility USE23-0072 / Family Care Network Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero species. The construction plans will need to illustrate a landscape plan, consistent with the City’s municipal code, which includes appropriate trees and shrubs for any new landscape areas. Landscape and Lot Coverage Atascadero Municipal Code 9-4.125(a) sets minimum landscaped area standards by zone. In parcels zoned RMF-10, twenty-five percent (25%) of site area must be uncovered by pavement or buildings. Submitted plans show approximately 7,300 SF of landscape area on an approximately 15,000 SF site, leading to a landscaped area percentage of 48.7% and exceeding Municipal Code standards. There are no Municipal Code standards for lot coverage for residential care facilities . However, this land use is very similar to a multi-family project. A.M.C. 9-3.262 requires that low-density multifamily projects limit the percentage of the lot covered by structures to 40%, or 50% for high-density projects. Total structural lot coverage of the proposed plans is 2,900 SF, or just under 20%. 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 15332, because it meets all required conditions to be considered in-fill development. FINDINGS: To approve USE23-0072, the Planning Commission must make the following findings. These findings and the facts to support these findings are included in the attached resolution. 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. That the proposed project or use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development; and 8 ITEM 2 Residential Care Facility USE23-0072 / Family Care Network Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the land use element; and 6. The proposed project is in compliance with any pertinent City policy or criteria adopted by ordinance or resolution of the City Council; and 7. Any additional findings deemed necessary. ALTERNATIVES: 1. The Planning Commission may include modifications to the project and/or conditions of approval for the project. Any proposed modificat ions, 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. Aerial Photo 2. Site Plan 3. Elevations 4. Floor Plan 5. Site Photos 6. Draft Resolution 2023-0012 9 ITEM 2 Residential Care Facility USE23-0072 / Family Care Network ADDITIONAL INFORMATION MAY BE OBTAINED BY CONTACTING THE ATASCADERO COMMUNITY DEVELOPMENT DEPARTMENT AT http://www.atascadero.org 6500 PALMA AVENUE | ATASCADERO, CA 93422 | (805) 461-5000 ATTACHMENT 1: Aerial Photo USE 23-0072 10 ITEM 2 Residential Care Facility USE23-0072 / Family Care Network 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 Plan USE 23-0072 11 ITEM 2 Residential Care Facility USE23-0072 / Family Care Network ADDITIONAL INFORMATION MAY BE OBTAINED BY CONTACTING THE ATASCADERO COMMUNITY DEVELOPMENT DEPARTMENT AT http://www.atascadero.org 6500 PALMA AVENUE | ATASCADERO, CA 93422 | (805) 461-5000 ATTACHMENT 3: Elevations USE 23-0072 12 ITEM 2 Residential Care Facility USE23-0072 / Family Care Network ADDITIONAL INFORMATION MAY BE OBTAINED BY CONTACTING THE ATASCADERO COMMUNITY DEVELOPMENT DEPARTMENT AT http://www.atascadero.org 6500 PALMA AVENUE | ATASCADERO, CA 93422 | (805) 461-5000 ATTACHMENT 4: Floor Plan USE 23-0072 13 ITEM 2 Residential Care Facility USE23-0072 / Family Care Network Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero ATTACHMENT 5: Site Photos USE 23-0072 Existing building 14 ITEM 2 Residential Care Facility USE23-0072 / Family Care Network ADDITIONAL INFORMATION MAY BE OBTAINED BY CONTACTING THE ATASCADERO COMMUNITY DEVELOPMENT DEPARTMENT AT http://www.atascadero.org 6500 PALMA AVENUE | ATASCADERO, CA 93422 | (805) 461-5000 Existing parking structure (to be demolished) 15 ITEM 2 Residential Care Facility USE23-0072 / Family Care Network 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 Site of proposed building 16 ITEM 2 Residential Care Facility USE23-0072 / Family Care Network Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Oaks in the rear of the property 17 ITEM 2 Residential Care Facility USE23-0072 / Family Care Network 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 6: Draft Resolution 2023-0012 USE 23-0072 DRAFT PC RESOLUTION 2023-0012 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING A CONDITIONAL USE PERMIT (USE23-0072) ALLOWING A RESIDENTIAL CARE FACILITY WITH 7 OR MORE RESIDENTS IN THE RMF-10 ZONING DISTRICT APN 029-253-016 (Family Care Network, Inc.) WHEREAS, an application has been received from an Applicant, Family Care Network, Inc., (1255 Kendall Road, San Luis Obispo, CA, 93401) to consider a Conditional Use Permit (USE 23-0072) to allow a Residential Care Facility use with 7 or more residents in the Residential Multi-family, zoning district; and WHEREAS, the site’s General Plan Designation is Medium-Density Residential (MDR); and WHEREAS, the site’s Zoning is Residential Multi-family, 10 du/ac (RMF-10); and WHEREAS, the proposed project qualifies for a Categorical Exemption consistent with CEQA section 15332: in-fill 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 Minor 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 Conditional Use Permit; and WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on September 19, 2023, studied and considered the Conditional Use Permit USE 23- 0072. NOW THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of Atascadero, California, makes the following findings, determinations and recommendations with respect to the proposed Conditional Use Permit: 18 ITEM 2 Residential Care Facility USE23-0072 / Family Care Network Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero SECTION 1. CEQA. The Planning Commission finds as follows: 1. The proposed project has been found Categorically Exempt under Class 32, Section 15332, in-fill development, of the California Environmental Quality Act. SECTION 2. Findings. The Planning Commission finds as follows: Conditional Use Permit: 1. The proposed use is consistent with the General Plan; and Fact: The proposed Residential Care Facility use at this location is consistent with the Medium Density Residential designation of the General Plan and the General Plan Land Use Element Goals LOC 14 for expanding existing business and the availability of needed services. 2. The proposed project satisfies all applicable provisions of the Title (Zoning Ordinance); and Fact: As conditioned, the project satisfies the provisions of the Atascadero Municipal Code. AMC 9-3.230 allows for Residential Care Facility uses with 7 or more residents in the RMF-10 zone with approval of a Conditional Use Permit. The proposed parking is adequate to serve the proposed use. 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and Fact: The proposed used is not 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. That the proposed project will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and Fact: The proposed use upholds the character of its immediate neighborhood given the RMF-10 and RMF-24 zoning of its surroundings. The proposed use designation is a clarification for a small expansion of use; the property has been used for the same purposes since 2007 and has not changed the neighborhood’s character during this time frame. The addition on one dwelling unit will be consistent with the overall density of surrounding properties. 5. That the proposed project will not generate a volume of traffic beyond the safe capacity 19 ITEM 2 Residential Care Facility USE23-0072 / Family Care Network Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero 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. Fact: The project is located off of Traffic Way, one of the most heavily traveled roads in the City. The use is consistent with surrounding uses and will not bring excessive traffic to the area. SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on September 19, 2023, resolved to approve Conditional Use Permit Use 23- 0072 subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Site Plan EXHIBIT C: Elevations 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 Eikhof Planning Commission Chairperson ATTEST: ___________________________________ Phil Dunsmore Planning Commission Secretary 20 ITEM 2 Residential Care Facility USE23-0072 / Family Care Network Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Exhibit A: Conditions of Approval USE 23-0072 Conditions of Approval / Mitigation Monitoring Program 5705 Olmeda Avenue USE 23-0072 Timing BL: Business License 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 Conditions 1. This Conditional Use Permit shall allow for the establishment of an Residential Care Facility use at 5705 Olmeda described on the attached exhibits and located on APN 029-253-016, regardless of owner. Ongoing PS 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 PS 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%, and/or (2) result in a superior site design or appearance. BL PS, BS, CE 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. If the use is established and becomes vacant, establishment of a similar use shall be done in accordance with the City’s non-conforming use code. BL PS 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 this conditional use permit. Ongoing CA 6. Elevations shall be consistent with what is shown in Exhibit C. Colors and materials shall match the existing façade. Ongoing PS 7. The project shall be required to meet or exceed all applicable parking requirements prior to building permit issuance. BP PS 8. A final landscape and irrigation plan shall be approved by the City prior to the issuance of building permits. BP PS 9. The applicant shall not be granted occupancy of the new structure until and unless the City institutes a Zoning Code Update reducing lot size requirements for the Residential Care Facility use or the structure is modified to otherwise meet all development standards for an Accessory Dwelling Unit. TO/FO/Ongoing PS, BS 21 ITEM 2 Residential Care Facility USE23-0072 / Family Care Network Planning Commission | City of Atascadero | www.atascadero.org | fb.me/planningatascadero Conditions of Approval / Mitigation Monitoring Program 5705 Olmeda Avenue USE 23-0072 Timing BL: Business License 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 Public Works Conditions 10. Prior to approval of a building permit, the applicant shall submit a full Stormwater Control Plan to the satisfaction of the City Engineer. BP CE 11. Applicant shall install updated frontage improvements for this project to the satisfaction of City Engineer and according to Municipal Code requirements, including curbs which connect to neighboring property curbs and a concrete driveway. Note that a separate encroachment permit is required for the work in City right of way. The plans showing the public improvements shall be approved at building permit application and used for the encroachment permit application. BP CE Fire Conditions 12. Applicant shall submit fire sprinkler plans as required by Fire Marshall prior to building permit issuance. BP FD 22 ITEM 2 Residential Care Facility USE23-0072 / Family Care Network ADDITIONAL INFORMATION MAY BE OBTAINED BY CONTACTING THE ATASCADERO COMMUNITY DEVELOPMENT DEPARTMENT AT http://www.atascadero.org 6500 PALMA AVENUE | ATASCADERO, CA 93422 | (805) 461-5000 Exhibit B: Site Plan USE 23-0072 23 ITEM 2 Residential Care Facility USE23-0072 / Family Care Network 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 C: Elevations USE 23-0072 24 ITEM NUMBER: 3 DATE: 9/19/2023 Atascadero Planning Commission Staff Report – Community Development Department Curbaril / Morro Rd Mixed-Use (USE22-0093) RECOMMENDATION(S): Staff recommends Planning Commission: 1. Adopt Draft PC Resolution approving a Conditional Use Permit for a mixed-use development, subject to findings and conditions of approval. Project Info in Brief: PROJECT ADDRESS: Morro Rd / Curbaril Ave (Tract 2522) Atascadero, CA APN 031-161-044, 045, 046, 047, 048, 049, 050, and 051 PROJECT PLANNER Kelly Gleason Senior Planner 805-470-3446 kgleason@atascadero.org APPLICANT Max Zappas PROPERTY OWNER Z 8, LLC and Curbaril Corner, LLC GENERAL PLAN DESIGNATION: ZONING DISTRICT: SITE AREA EXISTING USE PROPOSED USE General Commercial (GC) Commercial Professional (CP) Approximately 1.5 acres Vacant Mixed-Use ENVIRONMENTAL DETERMINATION The project qualifies for a class 32 exemption: Infill development 25 ITEM NUMBER: 3 DATE: 9/19/2023 Zoning and Location Aerial North: South: East: West: Commercial Professional – developed with multi-family Commercial Retail / Multi-Family Single-Family residential Commercial Professional DISCUSSION: Project History The project site is part of a previous commercial subdivision approved in 2005 and recorded in 2006. Some shared improvements, such as parking lot and utility stub outs were installed but the buildings were never constructed. The previous project proposed one- and two-story office buildings and potential for a drive-through use. Project Description / Summary The subject site is approximately 1.5 acres in size and is comprised of 8 vacant parcels. The applicant proposes nine mixed-use buildings totaling approximately 11,000 square- feet of commercial space on the ground floor with 53 residential units on the upper floors with some units on the ground floor. The parking and access areas, in addition to utility infrastructure is existing on site and will be slightly modified to accommodate the revised plan. The applicant is proposing 8 affordable units that will meet the low -income affordability category in accordance with the County of San Luis Obispo Affordable Housing Standards. Per State density bonus law, the project qualifies for a density bonus and may request concessions to code required development standards. The project also qualifies for reduced residential parking ratios. The applicant is requesting one concession at this time: reduced residential open space. 26 ITEM NUMBER: 3 DATE: 9/19/2023 Analysis: Site Design The current site is comprised of 8 lots with two buildings on lot 1 and one building on each of the remaining lots. The lot is a “L” shaped parcel with limited Morro Rd frontage. The adjacent properties along Morro Rd are zoned Commercial Professional; however, the property adjacent to the rear portion of the proposed project is developed with a legal non-conforming multi-family residential use. The adjacent property at Morro Road is currently utilized for a restaurant (Malu’s Kitchen). Properties to the south along Curbaril are zoned Single-Family Residential; therefore, the rear of the site is surrounded by residential land uses. The site has been designed to accommodate the existing site improvements including parking area, access driveways, and utility infrastructure. The site has two driveways from Curbaril Ave, preserving the smaller Morro Rd frontage for a street-oriented building. The previously approved plan included a drive-through located along the Curbaril frontage. The current proposal eliminated the drive -through an makes minor modifications to the parking area to facilitate the new design. 27 ITEM NUMBER: 3 DATE: 9/19/2023 Mixed-Use Layout The applicant is proposing a vertical mixed-use project with predominantly commercial tenant spaces on the ground floor. Current City Code recognizes the significant cost of providing an elevator in smaller mixed-use buildings and allowances can be made to allow an ADA compliant unit on the ground floor. In projects where there are more than two units on an upper floor, the Building Code requires that an accessible/adaptable unit be provided, either by the use of an elevator or at least a portion of one or more units, as required based on the required accessibility ratio, on the ground floor. In general, the code allowance for this provision requires that residential units not be located in a storefront location. The project is designed to include a residential unit on the ground floor in building 1A and buildings 3 through 8. Building 1B only includes 2 residential units (one 2nd floor and one 3rd floor unit) and is therefore exempt from ADA requirements. Buildi ng 2 includes a lift and is the largest building of the proposed. The ground floor unit in building 1A, which is located at the corner of Morro Rd and Curbaril Ave, is located in the rear portion of the building facing the parking lot and pushed back from both street frontages. The units in buildings 3 through 8 comprised approximately half of the ground floor located along the side of each tenant space facing the parking area. The City Council recently refined standards for ADA compliant units on the groun d floor of commercial buildings limiting unit size to 10% of the floor area of the commercial tenant space with a minimum size of 500 square-feet and a maximum size of 1,000 square-feet. These codified refinements took effect on December 8 th, after the use permit application was submitted; however, as a discretionary project the Planning Commission has authority over project design and must make findings related to General Plan consistency and neighborhood compatibility. Since the project was submitted prior to the effective date of the code refinements, the project could be considered under the code in place as of the application date, which was October 12. That pre-existing code allowed for an accessible unit to be located on the ground floor without limitation to size. Under the refined code, the units would be limited to 500sf. The units, as currently designed, are 657sf. Commercial Uses Commercial tenant spaces range from 887sf to 2,852sf. Buildings 1A and 1B have entries facing the frontage streets. The remaining buildings have entries off of the common parking area. A majority of the first -floor tenant space has a max interior height of 10-feet that will accommodate a variety of smaller-scale artisan, office, and retail uses. Site Planning Open Space Multi-family projects are required to provide private and common (shared) open space for each residential unit, however, Mixed-Use developments are typically in a more urban setting and thus, less open space is expected. The proposed project does provide common open space between buildings 2 and 8, 3 and 4, 7 and 8, and adjacent 28 ITEM NUMBER: 3 DATE: 9/19/2023 to building 6 (sitting areas) with a larger common area at the rear of the site between buildings 5 and 6. The areas are currently designed as passive areas with limited amenities. • Residential units are designed with private balconies; • Ground floor units have private open space at the rear of the buildings. • Common areas are open and accessible; therefore, offices may use these spaces as well. Open spaces areas and sizes are summarized below: OS Area SQ FT Code requirement 1 715 300sf/unit in common open space (minimum 1,000sf each) 2 2250 3 775 4 960 5 921 Balconies 0-181 Total of areas 1 -5 5,621 15,900 The DRC reviewed the proposed site layout and recommended that the spaces be designed as passive spaces to allow flexibility of use. These spaces could also be used by adjacent commercial tenants if uses have an outdoor component. Trash Service Four trash enclosures are located throughout the site. One of the enclosures, located adjacent to Building 1A, is designed to be directly at the property line. This area abuts the adjacent commercial parking area. Staff has conditioned that a letter be submitted from Atascadero Waste Management verifying that the enclosures meet size requirements for organic waste and recycling. The enclosures are required to be screened by code and staff has conditioned that the enclosure include materials consistent with the building architecture. Street trees are provided along both project frontages and parking lot shade trees are positioned to meet or exceed minimum code requirements. On-site stormwater facilities will be provided underground. Parking Parking is based on specific land use s. The project includes residential units and is taking advantage of the State’s Density Bonus Law which specifies the maximum number of spaces cities can require based on unit size. Since there are no specific commercial tenants at this time, exact parking requirements are not known for these tenant spaces; however, the project proposes commercial tenant parking for assumed commercial tenants. Based on state law, 54 spaces are required for the residential units with an additional 15 spaces provided for the commercial tenants based on an assume d mix of office, manufacturing, and storage spaces. The project proposed a total of 69 29 ITEM NUMBER: 3 DATE: 9/19/2023 spaces comprised of 63 vehicle spaces, 3 motorcycle spaces, and 3 bike racks. Although the number of spaces dedicated to commercial tenant spaces is minimal, it is likely that not all residential spaces will be occupied during normal business hours and thus, some sharing of parking is to be expected. A finding has been added to the resolution that the characteristics of the proposed uses do not necessitate the total number of parking spaces required by code and that reduced parking will be adequate to accommodate on the site all parking needs generated by the uses. At the recommendation of the DRC, a condition is included limiting reserved parking to 15 spaces for commercial tenants during normal business hours to ensure that daytime patrons will have access to on-site parking spaces. No other reservation of parking will be permitted and individual tenants will not be permitted to reserve spaces. Site Lighting All site lighting will be required to comply with the Atascadero Municipal Code. Project signage is conditioned to be compatible with surrounding residential uses and no lit signage will be permitted to be illuminated during the hours of 11pm and 6am. Parking lot lighting is required to be fully shielded. Architectural Design The project incorporates contemporary design elements and materials. All buildings are 3-stories in height and include both vertical and horizontal design elements. Materials include horizontal siding and Corten steel panels contrasted with light stucco and dark roof and trim features. Larger glass storefronts are included on the ground floors of the buildings fronting the streets with rhythmic smaller windows for the residential units above. Roof forms are a combination of flat with inverted gable (or butterfly) roof sections for visual interest. The lower floors of the buildings fronting the streets (buildings 1A, 1B, and 2) contain irregular angles, enhancing the contemporary theme and providing visual interest and unique areas for material changes. The height of all buildings is a maximum of 35-feet, consistent with code requirements. However, the building height limit is also limiting the ceiling height of the ground floor commercial units. Ground floor commercial unit ceiling height on many of the units is at ten feet. The typical minimum ceiling height for a commercial space (to include utilities, ducting and fire suppression) is twelve feet to allow flexibility in the use of the space and provide options for a greater variety of tenants . One option Planning Commission can consider is to allow the overall building height to exceed the maximum building height of 35 feet and instead be built to 37 feet and require the commercial units to have 12-foot high space. This shift would enhance the ability of these commercial spaces to accommodate a wider range of commercial tenants ; however, the applicant has submitted building permits for concurrent review and this change would require a revision to those permits. Signage Signage is proposed adjacent to the commercial entries for each building. Signage is proposed to be back or externally lit. A condition has been included to specify that no cabinet signs are permitted and that no internally lit signage be permitted to minimize 30 ITEM NUMBER: 3 DATE: 9/19/2023 lighting levels adjacent to residential uses. One monument sign is proposed along the Curbaril Ave frontage at the main project entrance. Affordable Housing The project is enacting the State’s Density Bonus Law for this project by providing some affordable units in exchange for a density bonus and concessions (relaxation of code standard). The base density of the project site is 36 units. The applicant is providing 8 low-income units (23% of the base density) and in return is eligible for a 46.25% density bonus, resulting in up to 17 bonus units allowed. The project has incorporated the maximum number of bonus units by proposing 53 total units. The state density bonus allows for a project applicant to seek concessions to City development standards where a waiver of those standards would remove barriers to housing development at maximum density. The project is eligible for two concession requests; however, the applicant is requesting one concession related to residential open space requirements. Community Facilities District (CFD) Based on findings from the 2003 Taussig Study, revenue from new residential development including property tax revenues, vehicle licensing fees, sales taxes, and other revenues are insufficient to cover the maintenance and emergency services costs of new development. Based on the revenue projections from the Taussig Study and consistent with adopted Council financial policies, the City has developed standard conditions of approval for new development projects that require the cost of maintenance and emergency services to be funded by the project through annexation into the existing Community Facilities District (CFD). As this project contains a residential component, a condition has been included t o annex into the citywide CFD. The applicant will be required to annex into the district prior to building permit issuance. The Special Tax levied against residential units for Fiscal Year 2022-2023 was $779.10 annually per residential unit, which is subject to an annual escalator. ENVIRONMENTAL DETERMINATION The project qualifies for a Class 32 Categorical Exemption as infill development. Surrounding properties are developed with urban uses and both fronting streets are designed to accommodate the additional anticipated traffic generated by this project. The project is consistent with the zoning designation and a mixed -use development at this location complies with residential density per the State’s density Bonus Code allowances. CONCLUSION The proposed project is an infill mixed-use development at an existing undeveloped commercial subdivision. The site provides shared parking, access, and drainage facilities. The project will provide approximately 11 commercial tenant spaces and 53 residential units, including 8 deed restricted low-income units. The DRC has endorsed the project design, as conditioned. 31 ITEM NUMBER: 3 DATE: 9/19/2023 ALTERNATIVES 1. The Planning Commission may make modifications to the proposed project and/or conditions of approval for the project. 2. The Planning Commission may determine more information is needed on some aspect of the project and may refer the item back to the applicant and staff to provide the additional information. The Commission should clearly state the type of information required and move to continue the item to a future date. 3. The Planning Commission may deny the project. The Commission should specify the reasons for denial of the project based on the finding that cannot be made. ATTACHMENTS: Attachment 1: Draft PC Resolution Attachment 2: CEQA Exemption 32 ITEM NUMBER: 3 DATE: ATTACHMENT: 9/19/2023 1 DRAFT PC RESOLUTION RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING A CONDITIONAL USE PERMIT FOR A MIXED-USE DEVELOPMENT AT HE CORNER OF MORRO RD AND CURBARIL AVE MORRO RD / CURBARIL MIXED-USE Z 8, LLC (USE22-0093) WHEREAS, an application has been received from Z8, LLC (8189 San Dimas Rd, Atascadero, CA 93422), Owner and Applicant, to consider a Mixed-Use development; and WHEREAS, the site’s current General Plan Land Use Designation is General Commercial (GC); and WHEREAS, the site’s current Zoning Designation is Commercial Professional (CP); and WHEREAS, mixed-use development is allowed in the Commercial Professional zoning district with the approval of a Conditional Use Permit; and WHEREAS, the project was reviewed by the Design Review Committee at their regularly scheduled meeting on December 15, 2022; 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 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 application; and NOW, THEREFORE BE IT RESOLVED by the Planning Commission of the City of Atascadero: SECTION 1. Recitals: The above recitals are true and correct. SECTION 2. Public Hearings. The Planning Commission held duly noticed public hearings to consider the project on September 19, 2023 where the Commission considered testimony and reports from staff, the applicants, and the public. 33 ITEM NUMBER: 3 DATE: ATTACHMENT: 9/19/2023 1 SECTION 3. Facts and Findings. The Planning Commission makes the following findings and determinations: 1. Findings for Approval of a Conditional Use Permit A. FINDING: The proposed project or use is consistent with the General Plan FACT: The proposed project is a vertical mixed-use development on an existing undeveloped Commercial subdivision. The city of Atascadero General Plan includes policies and programs that encouraged mixed-use development within this zoning district. B. FINDING: The proposed project or use satisfies all applicable provisions of the Zoning Ordinance FACT: The proposed mixed commercial and residential development is consistent with the zoning ordinance with approval of a Conditional Use Permit. The application meets all provisions of the Atascadero Municipal Code or as required by State law for the provision of affordable housing. C. FINDING: 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 FACT: The proposed development will be located at the intersection of Curbaril Ave and Morro Rd. Morro Rd is a State highway and is designed to accommodate regional as well as local traffic. The project will utilize existing driveways off Curbaril Ave, reducing traffic conflict potential on Morro Rd. The project site is bordered by commercial, multi-family, and single-family uses. The mixed-use nature of the project is compatible with surrounding uses. D. FINDING: The proposed project or use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development FACT: The proposed project occupies a vacant commercial tract at the corner of Curbaril Ave and Morro Rd. The site is surrounded by commercial, multi-family, and single-family uses. The proposed project includes a mixture of small-scale commercial and residential uses that provide a transition between Highway 41 and surrounding single-family uses along Curbaril Ave. E. FINDING: 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 34 ITEM NUMBER: 3 DATE: ATTACHMENT: 9/19/2023 1 surrounding neighborhood that would result from full development in accordance with the land use element FACT: The proposed development will occupy a vacant commercial infill site adjacent o developed parcels. The project fronts Curbaril Ave and Highway 41. Highway 41 is designed to accommodate both regional and local traffic. Curbaril is designated as a Minor Arterial and is designed to accommodate higher volumes of local traffic. The city’s General Plan designates this site for commercial uses with the allowance for residential units above the first floor with approval of a use permit. Higher intensity development is anticipated in this location by the General Plan and Housing Element. F. FINDING: The proposed project is in compliance with any pertinent City policy or criteria adopted by ordinance or resolution of the City Council. FACT: The project, as proposed and conditioned, is consistent with the city’s appearance review manual. As conditioned, the project is also required to be fiscally neutral through annexation into the Citywide CFD, consistent with City Council Policies. 2. Findings for Approval of a Peak Hour Parking Exception FINDING: The characteristics of the proposed uses do not necessitate the total number of parking spaces required by code and that reduced parking will be adequate to accommodate on the site all parking needs generated by the uses. FACT: The site contains a mix of commercial and residential uses which, by their nature, tend to have different peak parking times. As such, a reduction in the number of total combined parking would minimize underutilized paved areas and create a more usable, pedestrian oriented development. SECTION 4. CEQA. The project is exempt from the California Environmental Quality Act (CEQA), under Categorical Exemption § 15332, Class 32; Infill Development. SECTION 5. Approval. The Planning Commission of the City of Atascadero, California, in a regular session assembled on September 19, 2023, resolved to approve a Conditional Use Permit for a mixed-use project (USE22-0093) subject to the following: 1. EXHIBIT A: Conditions of Approval 2. EXHIBIT B: Project Entitlement Package 35 ITEM NUMBER: 3 DATE: ATTACHMENT: 9/19/2023 1 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: September 19, 2023 CITY OF ATASCADERO, CA ______________________________ Jeff van den Eikhof Planning Commission Chairperson Attest: ______________________________ Phil Dunsmore Planning Commission Secretary 36 ITEM NUMBER: 3 DATE: ATTACHMENT: 9/19/2023 1 Attachment 1: Conditions of Approval USE22-0093: Curbaril / Morro Mixed-Use Conditions of Approval USE22-0093 Curbaril / Morro Rd Mixed-Use APN 031-161-044, 045, 046, 047, 048, 049, 050, and 051 Timing BL: Business License 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 Department 1. This approval includes the following entitlements: a) Master Plan of Development / Conditional Use Permit for a mixed-use commercial and residential development at the north-east corner of Curbaril and Morro Rd. Ongoing PS 2. The approval of these entitlements shall become final and effective for the purposes of issuing building permits at the close of the appeal period. Ongoing PS 3. In accordance with the Atascadero Municipal Code section 9- 8.105, any violation of any of the conditions of approval may be cause for revocation of this entitlement and subject the applicant and/or future property owners to the penalties set for in the Atascadero Municipal Code, as well as any other available legal remedies. Ongoing PS 4. The Community Development Director and/or City Engineer shall have the authority to make minor modifications to the Master Plan of development that are necessary to address code requirements or result in superior design. BP PS, CE 5. Approval of these entitlements 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, or a time extension has been granted consistent with the Atascadero Municipal Code. Once a permit has been issued to vest the project, any project component listed as a conditionally allowed use, at the time building permits are being sought, that has not received building permit within 3 years of the effective date of approval shall require a new application and the previous approval for that use shall be considered null and void. BP PS 6. 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 subdivision. Ongoing 7. All subsequent construction permits shall be consistent with the Master Plan of Development approved for the project, or as further specified by the conditions herein. BP PS, CE 37 ITEM NUMBER: 3 DATE: ATTACHMENT: 9/19/2023 1 Conditions of Approval USE22-0093 Curbaril / Morro Rd Mixed-Use APN 031-161-044, 045, 046, 047, 048, 049, 050, and 051 Timing BL: Business License 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. Final design of each phase and project component must be in substantial conformance with provided Exhibit(s) adopted with this Resolution, and any conditions of approval related to such. Any subsequent building permits issued for the project shall be considered a supplement to the granted entitlement and shall be fully enforced under the provisions of this approval. BP PS 9. Phasing; The building at the corner of Morro Rd and Curbaril (on Lot 1) shall be constructed prior to or concurrent with any other building on-site. The corner building must be finaled prior to or concurrently with any other building on site. All parking lot, access, and drainage improvements shall be completed prior to final of any building. GP / BP PS 10. All maintenance costs listed below shall be 100% funded by the project in perpetuity, except for public facilities that are planned for and currently maintained by the City of Atascadero. The service and maintenance cost shall be funded through an entity or mechanism established by the developer, subject to City Staff approval. This entity or mechanism must be in place prior to, or concurrently with acceptance of any final map(s) or the issuance of any building permits. The entity or mechanism shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to acceptance of any Final Map(s) or issuance of any building permits. The administration of the above mentioned funds, and the coordination and performance of maintenance activities, shall be the responsibility of the entity or mechanism. a) All parking and access areas. b) All landscaping and lighting within the proposed project area. c) Common area fencing and/or features. d) Open areas on private property within the proposed project area including detention facilities, bio-swales, and other low-impact- development features. e) Newly constructed drainage facilities on private property within the proposed project area. f) Landscaped frontages within the right-of-way of all public streets within the defined specific plan boundary. g) On-site sewer and storm drains located outside of the right-of- way. Ongoing PS, CE 11. The emergency services and facility maintenance costs listed below shall be 100% funded by the project in perpetuity. The BP PS 38 ITEM NUMBER: 3 DATE: ATTACHMENT: 9/19/2023 1 Conditions of Approval USE22-0093 Curbaril / Morro Rd Mixed-Use APN 031-161-044, 045, 046, 047, 048, 049, 050, and 051 Timing BL: Business License 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 service and maintenance costs shall be funded through a community facilities district established by the City at the developer's cost. The funding mechanism must be in place prior to issuance of any building permit. The funding mechanism shall be approved by the City Attorney, City Engineer and Administrative Services Director prior to issuance of permits. The administration of the above mentioned funds shall be by the City. Developer agrees to participate in the community facilities district and to take all steps reasonably required by the City with regard to the establishment of the district and assessment of the property. ▪ All Atascadero Police Department service costs to the project. ▪ All Atascadero Fire Department service costs to the project. ▪ Off-site common City of Atascadero park facilities maintenance service costs related to the project 12. Affordable Housing: The project is subject to State density Bonus law. In exchange for 1 concession (residential open space) and a density bonus of 17 units, the applicant must deed restrict a total of 8 units at the affordability rates listed below for a minimum of 55-years, or as otherwise permitted by Government Code Section 65915 – 65918. The affordable housing agreement shall be recorded prior to issuance of any building permit on-site or a separate document may be recorded for each lot prior to issuance of any building permit on that lot. • 8 units at the low-income rate BP PS 13. Shared parking and access easements are existing on the site based on the previous project subdivision. These easements shall be modified as needed to accommodate the new plan. Easements shall also accommodate shared drainage facilities and shall be modified as necessary. Parking shall not be designated for each use/tenant, except that up to 15 spaces may be reserved for general commercial use only during normal business hours but may not be tenant specific. A deed notification shall be recorded governing the use of shared spaces. Any documents and or easement extent amendments necessary to accommodate this condition and/or the revised project design shall be recorded prior to issuance of any building permit. BP PS, CE 14. Separate covenants shall be recorded governing use and maintenance responsibilities of each owner/tenant prior to issuance of any building permit. An additional covenant shall be BP PS 39 ITEM NUMBER: 3 DATE: ATTACHMENT: 9/19/2023 1 Conditions of Approval USE22-0093 Curbaril / Morro Rd Mixed-Use APN 031-161-044, 045, 046, 047, 048, 049, 050, and 051 Timing BL: Business License 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 recorded notifying all future property owners that the project is governed by a Master Plan of Development and any modifications or changes to the appearance, fencing, parking, or amenity areas requires approval by the City. 15. Agreements shall be required to be recorded against each parcel notifying any residential tenant of the commercial nature of the site to ensure that commercial activities are prioritized and not restricted due to the residential uses on the site. FM, BP PS, CE 16. All frontage or on-site trees shall be maintained in a manner that allows the tree to grow to its full natural height and natural canopy. No growth suppressants shall be permitted that result in stunting or modifying the natural growth pattern of the tree. Should such trees be maintained contrary to this condition, the owner shall be responsible for replacement. Ongoing PS 17. A tree protection plan shall be submitted as part of the permit package for building 1A or for any permit with construction activity within 20-feet of the dripline of the existing 24” live oak. The plan shall identify the location of any required tree protection fencing and construction related mitigation measures dictated by an arborist and/or City Native Tree Guidelines. All tree removals shall be mitigated consistent with the requirements of the Atascadero Municipal Code. Any required mitigation fees shall be paid prior to permit issuance. BP PS 18. A fencing plan shall be included with the building permit. Fencing within the interior of the project site shall be limited to safety fencing as deemed necessary by the Community Development Director and/or the City Engineer, or as required for outdoor restaurant areas. No chain-link fencing shall be permitted. Solid fencing may be used to screen mechanical equipment or provide small privacy areas for ground floor units between the unit and overall project boundary property line. The landscaped areas between buildings shall not be fenced unless necessary for patron seating areas. Wood fencing shall be high quality and shall include a top rail. No dog-eared fencing will be permitted. Any solid perimeter walls shall be a solid material and shall be designed to be compatible with the commercial center. Walls shall be earth toned in color. BP PS 19. Evergreen landscaping shall be included along project edges adjacent to residentially zoned parcels to the greatest extent feasible. Landscape materials shall include trees and shrubs that provide visual screening above the fence/wall line. BP PS 20. Frontage landscaping shall include London Plane street trees at a spacing of 30-feet on-center, or as approved by the City BP PS 40 ITEM NUMBER: 3 DATE: ATTACHMENT: 9/19/2023 1 Conditions of Approval USE22-0093 Curbaril / Morro Rd Mixed-Use APN 031-161-044, 045, 046, 047, 048, 049, 050, and 051 Timing BL: Business License 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 Engineer. Additional landscaping shall include accent trees and native grasses. Parking lot shade trees shall be Chinese Pistache or tree of similar canopy size. Landscaping throughout the projects shall include drought-tolerant species. All areas not behind residential privacy fencing shall be landscaped with a combination of shrubs, grasses, and groundcovers. Bark mulch shall be provided in all landscaped areas. 21. All trash enclosures shall be constructed of dark color split face block or similar and shall include high quality solid metal doors. Enclosures shall be designed in accordance with Cal Green requirements. Prior to issuance of any permit, the applicant shall provide verification from Atascadero Waste Management that all waste facilities are designed and sized adequately for the proposed uses. BP PS 22. All site lighting shall be shielded, directional, and dark sky compliant. Festoon lighting shall be permitted within outdoor patron seating areas only. Bollard and/or low level in-ground safety lighting shall be permitted along pedestrian pathways. Parking lot lighting shall include a minimum 2-inch lens shield or the lens shall be recessed a minimum of 2-inches into the light housing. Pole lighting shall be dimmed during evening hours with motion detectors installed to maintain safe lighting levels. BP PS 23. Signage shall be consistent with project exhibits, with the following modifications: • Signage must be externally or halo lit and lighting must be off between the hours of 11pm and 6am. • One monument sign shall be allowed along the Curbaril frontage at the main project entrance. BP PS 24. The site shall be maintained in and kept clear of any debris or storage including construction debris, unless part of an active, approved construction permit. All finishes shall be repaired or replaced as needed to maintain a high quality commercial / resort development. Any dead or non -thriving landscaping shall be immediately replaced. All landscaping required for screening of any use, structure, or utility /mechanical equipment shall be maintained at a height and density to achieve maximum screening while appearing groomed and orderly. Ongoing PS 25. No gates shall be permitted on any public or private roadway or accessway within the project area. BP / Ongoing PS 41 ITEM NUMBER: 3 DATE: ATTACHMENT: 9/19/2023 1 Conditions of Approval USE22-0093 Curbaril / Morro Rd Mixed-Use APN 031-161-044, 045, 046, 047, 048, 049, 050, and 051 Timing BL: Business License 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 26. For commercial, industrial, office or multi-family projects, all existing and/or new ground-mounted appurtenances such as air-conditioning condensers, electrical transformers, backflow devices etc., shall be screened from public view through the use of decorative landscaping subject to approval by the Community Development Director or his designee. All fire department connections for commercial and multi-family buildings shall be incorporated into the served buildings, unless waived by Community Development Director. If building integration is infeasible, all equipment shall be placed in a landscape planter and shall be fully screened by appropriately sized landscape species. BP PS 27. All existing and/or new roof appurtenances such as air - conditioning units, grease hoods, etc. shall be screened from public view. The screening shall be architecturally integrated with the building design and constructed of compatible materials to the satisfaction of the Community Development Director or his designee. BP PS Public Works Project Conditions 1. New easements shall be recorded consistent with the revised development plan and shall include any new shared drainage, access, parking, or trash facilities. Any existing easements shall be modified as necessary to accommodate the revised development plan. The shared access and parking easement shall be extended to include those areas over lot 1 as depicted on the revised development plan. All new and modified easements shall be recorded prior to issuance of any building permit. BP CE/PS 2. Street trees shall be provided along all project frontages. All street tree maintenance shall be the responsibility of the adjacent property owner. Trees shall be maintained in a way that supports to natural growth of the tree and allows the tree to reach its full natural height and width. BP, GP CE 3. Applicant shall confirm with all utility purveyors that existing stubbed utilities extended to the lots of the Tract 2522 are adequate for the proposed uses within the updated project at time of building permit issuance. Any upgrades or replacement of utility laterals shall be included in the building permit application utility plan for the project. BP CE 4. At time of building permit application, provide video evidence and report from a plumber that shared existing sewer lateral is clear BP CE 42 ITEM NUMBER: 3 DATE: ATTACHMENT: 9/19/2023 1 Conditions of Approval USE22-0093 Curbaril / Morro Rd Mixed-Use APN 031-161-044, 045, 046, 047, 048, 049, 050, and 051 Timing BL: Business License 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 and in working order up to manhole in Curbaril Ave. If flushing of existing lateral is required, contact Public Works to coordinate oversight to ensure material does not enter existing sewer main. 5. An encroachment permit shall be obtained prior to any work within City or Caltrans rights of way, as needed. BP CE 6. All public improvements shall be constructed in conformance with the City of Atascadero Engineering Department Standard Specifications and Drawings, or Caltrans Standards if applicable. BP, GP CE 7. The applicant shall be responsible for the relocation and/or alteration of existing utilities. BP, GP CE 8. The applicant shall install all new utilities (water, gas, electric, cable TV and telephone) underground. Utilities shall be extended to the property line frontage of each lot or its public utility easement. BP, GP CE 9. Prior to the final inspection of any public improvements, the applicant shall submit a written statement from a registered civil engineer that all work has been completed and is in full compliance with the approved plans. BP CE 10. Prior to the issuance of building permits the applicant shall submit a grading and drainage plan prepared by a registered civil engineer for review and approval by the City Engineer. BP, GP CE FIRE DEPARTMENT PROJECT CONDITIONS 11. Internal project and driveways shall meet the City of Atascadero F-7 standard. BP FD 12. A 26-foot wide fire lane shall be provided no closer than 15-feet and no farther than 30-feet from any building exceeding 30-feet in height, subject to the approval of the Fire Marshal. This may be accommodated within the parking lot drive aisles. BP FD 13. An Atascadero Construction Site Safety Plan is required to be submitted and approved prior issuance of building permits. BP FD 43 ITEM NUMBER: 3 DATE: ATTACHMENT: 9/19/2023 1 Attachment 2: Project Design Package USE22-0093 See following 44 45 46 47 48 49 50 51 52 53 54 55 56 57 Proposed Project Site CITY OF ATASCADERO NOTICE OF EXEMPTION 6500 Palma Avenue Atascadero, CA 93422 805.461.5000 TO: File State Clearinghouse Date Adopted: Aug. 21, 2023 FROM: Kelly Gleason, Senior Planner City of Atascadero Community Development Department 6500 Palma Avenue Atascadero, CA 93422 SUBJECT: Filing of Notice of Determination in Compliance with Section 21152.1 of the Public Resources Code. Project Title: USE22-0093 – Mixed Use Development Project Applicant: Max Zappas Project Owner: Z 8, LLC, 8189 San Dimas Ave, Atascadero, CA 93422 Curbaril Corner, LLC, 6100 El Camino Real #B, Atascadero, CA 93422 Project Location: Corner of Curbaril Ave and Morro Rd, Atascadero, CA 93422 (San Luis Obispo County, 031-161-044, 045, 046, 047, 048, 049, 050, and 051) 58 Project Description: The subject site is approximately 1.5 acres in size and is comprised of 8 vacant parcels. The applicant proposes nine mixed-use buildings totaling approximately 11,000 square-feet of commercial and 53 residential units. The parking and access areas, in addition to utility infrastructure is existing on site and will be slightly modified to accommodate the revised plan. The project site is part of a previous commercial subdivision approved in 2005 and recorded in 2006. Some shared improvements, such as parking lot and utility stub outs were installed but the buildings were never constructed. The previous project proposed 1 and 2 story office buildings and potential for a drive through use. The applicant is proposing 8 affordable units that will meet the low-income affordability category in accordance with the County of San Luis Obispo Affordable Housing Standards. Per State density bonus law, the project qualifies for a density bonus and may request concessions to code required development standards. The project also qualifies for reduced residential parking ratios. The applicant is requesting one concession at this time: reduced residential open space. Name of Public Agency Approving Project: City of Atascadero Name of Person or Agency Carrying Out Project: Max Zappas (Z8, LLC and Curbaril Corner, LLC) Exempt Status: Ministerial (Sec. 15073) Emergency Project (Sec. 1507 (b) and (c)) Declared Emergency (Sec. 15061 (a)) General Rule Exemption (Sec. 15061.c) Categorically Exempt (Sec. 15301-15333): 15332 59 Reasons why project is exempt: The Class 32 Exemption of the California Environmental Quality Act (CEQA) (Section 15332, In-Fill Development projects) consists of projects characterized as in-fill development meeting the following conditions: a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. Mixed Use residential and commercial projects require a conditional use permit per the City of Atascadero Municipal Code. This project is consistent with its General Plan designation (General Commercial), all applicable general plan policies, its zoning designation (Commercial Professional) and regulations with the approval of a Conditional Use Permit. The project is consistent with the Land Use, Open Space and Circulation (LOC) Policies and Programs 1.1 for guiding new development into the urban core; 1.1.7 for infill development; 1.4.1 for screening exterior lights; 2.1.3 and 7.2.3 for providing street trees; 7.2.4 for providing shade trees; 8.5.3 for providing on-site stormwater management; 13.1 for convenient location of goods and services; and 15.1 for directing growth to an area with existing City services. The project is consistent with Circulation Element (CIR) Policies and Programs 1.3.3 for locating on an arterial with minimal driveways; 1.4 for requiring a tree lined street; 1.5.1 for requiring adequate off- street parking; 1.5.3 for landscaping, lighting, screening and shade trees in the parking lot; and 2.3.1 for providing adequate sidewalks. The General Plan identifies the General Commercial land use designation as appropriate for mixed-use development. The project will comply with the State density Bonus law for the provision of affordable units, gaining a density bonus of 17 market-rate units as allowed by State law. b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. The proposed project is within the City limits of the City of Atascadero on a site 1.5 acres in size. The property is surrounded by commercial as well as single & multi-family residential uses. The site is currently vacant but it at the location of a previous commercial subdivision that was never fully constructed. Some common facilities were installed including parking, access, and frontage improvements. Some utilities are available to each lot. c) The project site has no value as habitat for endangered, rare or threatened species. The project site is comprised of 8 vacant parcels with some shared site improvements installed and is bordered by developed areas. The site is located at the corner of Highway 41 and Curbaril Ave. The site has been previously disturbed through the implementation of the previous tract improvements. No sensitive species exist on site. One native tree remains and will be protected during construction. d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. The project site is located off of State Highway 41 which is designed to accommodate commercial build- out of Morro Rd as anticipated in the General Plan. As the project is located adjacent to a heavily traveled road, residential uses will be required to incorporate fenestration design which mitigated exposure to excessive noise. The project is located on a one and a half acre lot and is proposed for 11,000 sf of commercial tenant space and 53 residential units (36 base density units + 17 state DB units). The units, as 60 designed, are studio to 2-bedroom units and will provide affordable by design and workforce housing in close proximity to Atascadero’s major business corridors. The General Plan anticipated this level of development along the Highway 41 corridor and transit, schools, and recreational facilities exist in close proximity, thus, impacts to air quality are less than significant. The project will be required to implement construction and post construction stormwater management per the requirements of the City and the regional Water Quality Control Board, thus, no impact to water quality will occur. Per City and State standards, all projects are required to implement stormwater detention, retention, and filtration as necessary. e) The site can be adequately served by all required utilities and public services. The project site is located in an area with full City and utility services. All service providers have adequate capacity to serve the site at completion of the project. The City has further considered whether the project is subject to any of the exceptions to the use of a categorical exemption found at CEQA Guidelines Section 15300.2. This section prohibits the use of categorical exemptions under the following circumstances: (a) for certain classes of projects (Classes 3, 4, 5, 6 and 11) due to location where the project may impact an environmental resource or hazardous or critical concern; (b) when the cumulative impact of successive projects of the same type in the same place, over time, is significant; (c) where there is a reasonable possibility that the activity will have a significant effect on the environment due to unusual circumstances; (d) where the project may result in damage to scenic resources, including but not limited to, trees, historic buildings, rock outcroppings, or similar resources, within a highway officially designated as a state scenic highway; (e) where the project is located on a state designated hazardous waste site; and (f) where the project may cause a substantial adverse change in the significance of a historical resource. All of the above considerations have been evaluated. The project will not impact an environmental resource no create a cumulative impact. Development in this area was anticipated in the General Plan build-out scenario and no significant cumulative impact will result as part of this project. The project will not create an unusual circumstance that would result in an environmental impact nor is it located along a designated scenic highway. The site is currently vacant with shared parking and access facilities installed as well as some utility connections. No historic resources exist on the site or adjacent to the site. Contact Person: Kelly Gleason, Senior Planner, kgleason@atascadero.org, (805) 470-3446 Date: August 21, 2023 ________________________________ Kelly Gleason, Senior Planner 61