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Home My WebLink AboutPC Resolution 2023-0012PC RESOLUTION 2023-0012 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 CENTRAL COMMON AMENITY SPACE APN 029-274-0321,029-274-039 029-274-014 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, 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: 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. The project is consistent with the previous environmental analysis and determination for the Grand Oaks Paseo project. 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 projector 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. 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. 4. The proposed projector use will not be inconsistent with the character of the immediate neighborhood or contrary to its orderly development; and Fact: The 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 On motion by Vice Chairperson Keen, and seconded by Commissioner Carranza, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: Anderson, Carranza, Heath, Hughes, Schmidt, Keen, van den Eikhof (7) NOES: None (0) ABSTAIN: None (0) ABSENT: None (0) ADOPTED: September 5, 2023 CITY OF ATASCADERO CA Jeff . n Eik lof Planning Commissionrson Attest: Phil Dunsmore Planning Commission Secretary EXHIBIT A: Conditions of Approval AM N D23-0080 Conditions of Approval Timing Responsibility /Monitoring Grand Oaks Paseo BL: Business License PS: Planning Services Common Area Amendments FM: Final Map GP: Grading Permit BS: Building Services FD: Fire Department AMND23-0050 Permit Fl:inallInspection D: ol trnent PD: TO: Temporary Occupancy F0: Final Occupancy WW: Wastewater CA: City Attorney Planning Services 1. City Council Resolution 2019-082 and all associated entitlements shall be Ongoing PS 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. 2. The approval of these entitlements shall become final and effective for the Ongoing PS 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, 3. The Community Development Department shall have the authority to approve FM PS minor changes to the project that (1) result in a superior site design or appearance, and/or (2) address a construction design issue that is not substantive to the Tentative Tract Map. 4. The applicant shall defend, indemnify, and hold harmless the City of Atascadero Ongoing PS or its agents, officers, and employees against any claim or action brought to challenge an approval by the City, or any of its entities, concerning this Conditional Use Permit. 5. The central common amenity space shall include the features, detailed in Ongoing PS EXHIBIT B, and as modified below prior to final, including, but not limited to: • Movable seating within the central open space area • A minimum of 2 natural gas or propane fire pit tables • A minimum of 1 community BBQ 6. A minimum of 2 new live oak trees shall be planted within the central common open space area. Trees shall be a minimum 15 -gallon size. 7. The Central Open Space area shall be completed prior to framing inspection of any additional units. 8. Alternatives for the design of the community building lot shall be presented to the Planning Commission at the October 17th meeting. No inspection shall occur past slab inspection for any additional units until the design for the community building lot is approved. 9. Amenities and movable items may be replaced or modified by the Homeowners Association at any time in the future. Such modifications shall not be construed to be inconsistent with this approval, although the City retains enforcement authority over ensuring that these spaces remain common amenity spaces available to all project residents. EXHIBIT B: Revised project landscape and community amenity plan ' AMND23-0080 See Following fA