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HomeMy WebLinkAboutPC Resolution 2023-0013PC RESOLUTION 2023-0013 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 and WHEREAS, the site's General Plan Designation is Medium -Density Residential (MDR); 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 dulynoticed Public Hearing held on September 19, 2023, studied and considered the Conditional Use Permit USE 23- 0072. NOW THEREFORE, BE Tt 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: SECTION 1. CE!QA. 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 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 Schmidt, and seconded by Vice Chairperson Keen, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: Carranza, Heath, Schmidt, Keen, van den Eikhof (5) NOES: None (2) ABSENT: Anderson, Hughes (2) ABSTAINED: None (0) ADOPTED: September 19, 2023 CITY OF ATASCADERO, CA -Jef en Eikhof ' Planning Commission Chairperson ATTEST: Phil Dunsmore Planning Commission Secretary Exhibit A: Conditions of Approval USE 23-0072 Conditions of Approval / Mitigation Monitoring Program 5705 Olmeda Avenue USE 23-0072 Planning Services Conditions Timing I Responsibility /Monitoring 1. PS: Planning Services BL: Business License Bs:Building Services GP: Grading Permit FD: Fin: Depatrient BP: Building Pemrt PD: Police Deparhnent FI: Final Inspection CE: City Engineer Mr. Temporary Occupancy WW: Wastewater F0: Final Occupancy CA City Attorney 1. This Conditional Use Permit shall allow for the establishment of an Ongoing PS Residential Care Facility use at 5705 Olmeda described on the attached exhibits and located on APN 029-253-016, regardless of owner. 2. The approval of this use permit shall become final and effective for the Ongoing PS 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. 3. The Community Development Department shall have the authority to BL PS, BS, CE 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. I 4. Approval of this Conditional Use Permit shall be valid for twenty-four BL PS (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. 5. The applicant shall defend, indemnify, and hold harmless the City of Ongoing CA 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. 6. Elevations shall be consistent with what is shown in Exhibit C. Colors Ongoing PS and materials shall match the existing facade. 7. The applicant shall not be granted occupancy of the new structure until TO/FO/Ongoing PS, BS 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. � Exhibit B: Site Plan USE 23-0072 L1 i s 04 w ®4 Sao i i rr ww 'w A N Q 0 N W N i 0 u� It■ It■ r IRE 11�