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.
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Exhibit B: Site Plan
USE 23-0072
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