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HomeMy WebLinkAboutPC_2024-10-01_AgendaPacket CITY OF ATASCADERO PLANNING COMMISSION HOW TO OBSERVE THE MEETING: Interested individuals may attend the meeting in-person at Atascadero City Hall. To observe remotely, the meeting may be livestreamed on Zoom. The video recording of the meeting will be available through the City’s website and on the City’s YouTube Channel. To observe remotely using the Zoom platform please visit: https://us02web.zoom.us/j/81712225756 HOW TO SUBMIT PUBLIC COMMENT: Public comment may be provided in-person. Written public comments are accepted at pc-comments@atascadero.org . Comments should identify the Agenda Item Number in the subject line of the email. Such comments will be forwarded to the Planning Commission and made a part of the administrative record. To ensure distribution to the Planning Commission before consideration of an item, please submit comments not later than 12:00 p.m. the day of the meeting. All correspondence will be distributed to the Planning Commission, posted on the City’s website, and be made part of the official public record of the meeting. Please note, comments will not be read into the record. Please be aware that communications sent to the Planning Commission are public records and are subject to disclosure pursuant to the California Public Records Act and Brown Act unless exempt from disclosure under applicable law. Communications will not be edited for redactions and will be printed/posted as submitted. AMERICANS WITH DISABILITIES 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/agendas. 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 the Community Development Department. All documents are available for public inspection by appointment during City Hall business hours. 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, October 1, 2024 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 Tori Keen Vice Chairperson Jeff van den Eikhof 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 AUGUST 6, 2024 • Recommendation: Commission approve the August 6, 2024 Minutes. PLANNING COMMISSION BUSINESS City of Atascadero Planning Commission Agenda Regular Meeting October 1, 2024 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. COMMUNITY DEVELOPMENT STAFF REPORTS None 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 a pplicant 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 d isqualify 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. 6370 ATASCADERO AVE, EL CAMINO HOMELESS ORGANIZATION (ECHO) The project is a request for an Amendment to the Emergency Shelter Overlay Zone text, the ECHO Operations and Management Plan, and the Conditiona l Use Permit (PLN 2014-1492) to increase the number of client serving beds from 60 to 90, increase the number of meal program participants from 80 to 100, and increase the shower program operation to 15 hours per week on APN 030-341-013. This Amendment would facilitate the construction of a 7,600 SF 2 -story addition to the existing shelter facility. (AMND24-0060) • CEQA: The project is covered by the general rule exemption (CEQA Section 15061(3)(b)) and categorical exemption Class 1 (CEQA Section 15301(c)(2)). • Recommendation: Staff’s recommendation is for the Planning Commission to adopt the Draft Resolution recommending that the City Council take the following actions: i. Introduce an ordinance for first reading, by title only, that would approve amendments to the Atascadero Municipal Code Title 9 Chapter 3 Article 23 ES (Emergency Shelter) Overlay Zone text; ii. Approve amendments to Conditional Use Permit (PLN 2014 -1492); iii. Amend the Operations and Management Plan for the El Camino Homeless Organization (ECHO) to allow for an expansion of an existing shelter and programs located at 6370 Atascadero Avenue; and take such additional, related, action that may be desirable. COMMISSIONER COMMENTS AND REPORTS City of Atascadero Planning Commission Agenda Regular Meeting October 1, 2024 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. DIRECTOR’S REPORT ADJOURNMENT The next regular meeting will be on October 15, 2024 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 October 1, 2024 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 of fice 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 a vailable 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 the Com munity Development Department. All documents are available for public inspection during City Hall business hours by appointment. Item 1 PC Draft Minutes of 8/6/2024 Page 1 of 3 CITY OF ATASCADERO PLANNING COMMISSION DRAFT MINUTES Regular Meeting – Tuesday, August 6, 2024 – 6:00 P.M. City Hall 6500 Palma Avenue, Atascadero, California CALL TO ORDER - 6:00 p.m. Chairperson Keen called the meeting to order at 6:01 p.m. and Commissioner Carranza led the pledge of allegiance ROLL CALL Present: Commissioners Anderson, Heath, Schmidt, Carranza, Vice Chairperson van den Eikhof, and Chairperson Keen Absent: Commissioner Hughes Vacant: None Others Present: Jessica Applegate, Recording Secretary Staff Present: Phil Dunsmore, Community Development Director Taylor Foland, City Attorney Sam Mountain, Assistant Planner APPROVAL OF AGENDA MOTION: By Commissioner Schmidt and seconded by Commissioner Anderson to approve the Agenda. Motion passed 6:0 by a roll-call vote. (Hughes absent) PUBLIC COMMENT None. Chairperson Keen closed the Public Comment period. CONSENT CALENDAR 1. APPROVAL OF THE DRAFT MINUTES OF June 18, 2024 1 Item 1 PC Draft Minutes of 8/6/2024 Page 2 of 3 • Recommendation: Commission approve the June 18, 2024 Minutes. 2. TIME EXTENSION FOR EMPIRE APARTMENTS AT 5880 ARDILLA RD. • Recommendation: Commission adopt Draft Resolution to approve the Time Extension. (TEX24-0055) MOTION: By Commissioner Schmidt and seconded by Commissioner Anderson to approve the Consent Calendar. Motion passed 6:0 by a roll-call vote. (Hughes absent) PLANNING COMMISSION BUSINESS None COMMUNITY DEVELOPMENT STAFF REPORTS None PUBLIC HEARINGS 3. 9575 VISTA BONITA AVE The project includes a request for an Amendment to Conditional Use Permit 98001 to allow the construction of an additional 20-foot monopine and appurtenant infrastructure at an existing telecommunications site on APN 030-441-023. • CEQA: The project is consistent with the previously certified Mitigated Negative Declaration 2004-0026 the project (AMND24-0047). i. Recommendation: Planning Commission adopt Draft Resolution approving an Amendment to Conditional Use Permit 98001, allowing a new monopine telecommunications tower at the existing telecommunications facility, based on findings and subject to conditions of approval. DISCLOSURE OF EX PARTE COMMUNICATIONS: Chairperson Keen stated that a neighbor reached out to her to ask if the applicant is following the previous conditional use permit; she has had some discussion with staff and is looking into getting more information during discussion at the meeting. Assistant Planner Mountain presented the staff report and answered questions from the Commission. 2 Item 1 PC Draft Minutes of 8/6/2024 Page 3 of 3 PUBLIC COMMENT The following members of the public spoke: None Chairperson Keen closed the Public Comment period. MOTION: By Commissioner Anderson and seconded by Commissioner Carranza to continue the item to date uncertain. Motion passed 6:0 by a roll-call vote. (Hughes absent) COMMISSIONER COMMENTS AND REPORTS Chairperson Keen commented positive feedback regarding the Traffic Way road paving project. Commissioner Carranza gave a report on stakeholder feedback requesting to include water elements with the DIR update and GP open house. Commissioner Caranza reported on the Mural project committee and public art process. Commissioner Schmidt commented on Commissioner Caranza’s report to possibly including utilities with water elements with the DIR. DIRECTOR’S REPORT Director Dunsmore reported on the GP update and that the recent open house had a good turnout and feedback. Director Dunsmore reported that there will be a re-write for some of the zoning regulations coming up in the future and that the City was currently working with consultant proposals. Director Dunsmore commented that the Council will be working on giving direction regarding vacation rentals. ADJOURNMENT – 6:24 p.m. The next regular meeting will be on August 20, 2024 at City Hall, 6500 Palma Avenue, Atascadero, CA. MINUTES PREPARED BY: ____________________________ Jessica Applegate, Recording Secretary Permit Technician 3 Item 2 Department: Community Development Date: 10/1/2024 Placement: Public Hearing TO: PHIL DUNSMORE, COMMUNITY DEVELOPMENT DIRECTOR FROM: KELLY GLEASON, PLANNING MANAGER PREPARED BY: XZANDREA FOWLER, SENIOR PLANNER SUBJECT: Emergency Shelter Overlay Zone Amendment (ECHO expansion) 6370 Atascadero Avenue, Atascadero, CA 93422 (APN: 030-341-013) RECOMMENDATION: Staff recommends that the Planning Commission: Adopt Draft Resolution A, recommending the City Council: 1. Introduce an Ordinance for first reading, by title only, to approve amendments to the Atascadero Municipal Code Title 9 Chapter 3 Article 23 ES (Emergency Shelter) Overlay Zone text; 2. Approve amendments to Conditional Use Permit (PLN 2014-1492); and 3. Amend the Operations and Management Plan for the El Camino Homeless Organization (ECHO) to allow for an expansion of an existing shelter and programs located at 6370 Atascadero Avenue. REPORT IN BRIEF: ECHO currently operates a variety of emergency housing shelter activities at 6370 Atascadero Avenue. They are seeking amendments to the zoning text along with an amendment to their Conditional Use Permit, and their Operations and Management Plan to increase their capacity and construct additions to the existing shelter. The amendments would allow for: 1. An increase in the number of overnight beds from 60 to 90; 2. Increase the number of meal program participants from 80 to 100; 3. Increase the shower program operation hours; and 4. The construction of a new 7,600 square-foot 2-story building at the front of the site. DISCUSSION: BACKGROUND In September 2013, the City Council adopted an Emergency Shelter Ordinance for consistency with State Law (SB-2) and the City’s adopted Housing Element. As a part of that approval, the City Council designated a site-specific parcel (APN 030-341-013) as the location for an overnight 4 10/1/2024 |Item 2| Staff Report emergency shelter and zoned the site with an ES (Emergency Shelter) Overlay Zone. At that time, this site was home to a temporary shelter operated by the El Camino Homeless Organization (ECHO). With the adoption of the ES overlay zone, the ECHO site became a permanent homeless shelter within the City. In May 2014, the City Council approved an on-site Operations Management Plan as required by the ES overlay zone (AMC 9-3.504). The Operations Agreement allows the City to review rules and regulations for the emergency shelter and provides some flexibility in changing these rules if the operations need to be adjusted to address any unforeseen issues without the need for amending the City’s Emergency Shelter ordinance. The Operations Agreement includes the following: • List of programs offered • Operation standards • A security and safety plan • Neighborhood relations • Mechanisms for enforcement of the agreement With the approval of the ES overlay zone and the operations agreement, a subsequent Conditional Use Permit (PLN 2014-1492/ CUP 2014-0279) was approved in June 2014 to establish a meal program on-site. The Conditional Use Permit (CUP) allows a maximum of 80 meal program participants to be served daily and sets forth screening, staffing, and time limits for meal activities and participant use of the facility. The CUP also provides enforcement mechanisms should the operator of the facility fail to comply with any conditions of approval. On September 10, 2019, the City Council approved text amendments to the Atascadero Municipal Code Title 9 Chapter 3 Article 23 ES Overlay Zone to increase the number of shelter clients, update hours of operation, change the text for special activities, and decrease the number of required neighborhood meetings per year. Currently, the ECHO shelter is at capacity most nights and has a waiting list of people needing overnight shelter. In addition, some of ECHO’s existing clients are families with young children with different service-level needs. Based on these needs, ECHO began conversations with the City to amend its Operations Management Plan and Conditional Use Permit to maximize the use of the existing site to better meet the needs of Atascadero’s homeless population. ECHO is proposing the expansion of its facility to accommodate additional beds, restrooms, bathing facilities, a laundry room, a multi- purpose room, small lounge rooms, and additional space for employees. The proposed expansion will be a 2-story custom modular structure, approximately 7,600 square feet in size with an enclosed walkway connection to the existing 2-story 9,355 square foot building. While the construction of the expanded facility is ministerial based on State law, some of the requested changes require an amendment to the ES Overlay Zone code text, which regulates the number of overnight beds, the CUP which regulates the number of meal program participants, and the 5 10/1/2024 |Item 2| Staff Report required on-site management plan. These regulations and performance standards remain under the jurisdiction of the City and are not superseded by State law. PROPOSED AMENDMENTS The following is a synopsis of the proposed amendments to the ES Overlay Zone text (Attachment 1a), the CUP (Attachment 1c), and the current ECHO Operations and Management Plan (Attachment 1b). ES (Emergency Shelter) Overlay Zone (Section 9-3.504 Operating Standards) This section includes the standards by which the shelter would operate. Applicant-requested changes include: • Increasing the number of overnight beds from 60 to 90 to accommodate heightened demand. • Increasing the number of participants in the meal program from 80 to 100 to accommodate additional overnight clients. Conditional Use Permit (PLN 2014-1492/CUP 2014-0279) The previously approved CUP (PLN 2014-1492/CUP 2014-0279) placed a condition of approval on the operation of the meal program, which limits the number of meal program participants. Applicant-requested changes include: • Increasing the maximum number of meal program participants from 80 to 100 to accommodate the additional overnight clients. ECHO Shelter Operations and Management Plan The on-site management plan is required by the Atascadero Municipal Code Section 9-3.504(e) for the operation of an Emergency Shelter. Applicant-requested changes to the current ECHO Operations and Management Plan include: • Increasing the number of overnight beds from 60 to 90 to be consistent with the ES Overlay Zone text amendment • Increasing operational hours for the shower program, for non-shelter clients to 15 hours per week and removing the specific number of days and time frames to allow for greater flexibility throughout the year, especially to address operational challenges related to bi - annual time changes. BUILDING EXPANSION While State law (AB 2339) allows for the ministerial approval of expanded shelter facilities, the City retains authority to regulate the maximum number of beds. The proposed amendments to the overlay zone and operations agreement will allow for the expansion of the current facility. The emergency shelter expansion will be a 7,600 square-foot 2-story custom modular structure with an enclosed walkway connection to the existing 2-story building. The proposed structure will consist of seven prefabricated modules, built off-site and designed to be transported via flatbed to the project site. The prefabricated modules will be reviewed by the State for building code compliance. Only site-specific construction activities will be reviewed and inspected by the City. 6 10/1/2024 |Item 2| Staff Report The building will appear as normal “stick-built” construction from the exterior perspective. The new building is 26 feet in height to match the existing facility. A hip-roof is proposed to screen roof-mounted equipment behind a parapet. The exterior building articulation will be limited to exterior paint and finishes since the structure will be pre-fabricated. The applicant will work with the manufacturer to explore options for recessed windows, incorporating several siding treatments, extending the roof overhang, and adding an enhanced entry porch feature along the street frontage. Conceptual Exterior Rendering The proposed site improvements will include new flatwork to connect the new building to the existing sidewalk along the Atascadero Avenue. The existing parking lot may require restriping to ensure the configuration complies with ADA requirements. The conceptual landscaping includes a variety of trees, shrubs, grasses, etc., consistent and complimentary to the existing mix of landscaping materials and design. The first floor of the building will accommodate additional overnight clients while the second floor will be dedicated to ECHO staff and site operations. The complete expansion design package is included as Attachment 2. ENVIRONMENTAL DETERMINATION: The California Environmental Quality Act (CEQA) (Section 15061(3)(b) exempts activities that are covered by the general rule that CEQA applies only to projects that have the potential to cause a 7 10/1/2024 |Item 2| Staff Report significant effect on the environment. The proposed amendments to the ES Overlay Zone text, modification of the previously approved CUP 2014-0279 COA#8, and updates to the required on- site management plan for consistency will not have any significant adverse environmental impacts. Additionally, CEQA (Section 15301(c)(2)) exempts additions to existing structures provided that the addition will not result in an increase of more than 10,000 square feet when the project is in an area where all public services and facilities are available to allow for maximum development permissible in the General Plan and the area in which the project is located is not environmentally sensitive. While the expansion of the facility is ministerial under State law, the proposed amendments to the ES Overlay Zone and operation plan will result in allowances for facility expansion. The proposed expansion of the existing shelter and program activities would result in an addition that is less than 10,000 square feet in an area where all public services and facilities are available to support the expansion of the existing shelter and on a site that has been previously developed and is not designated as an environmentally sensitive area. CONCLUSION: The proposed amendments have been analyzed by staff to ensure revisions are consistent with the Atascadero Municipal Code. The proposed amendments will facilitate minor expansion of the shelter and on-site programs and will not have a significant impact on the surrounding neighborhood. Staff is recommending that the Planning Commission adopt Draft Resolution A recommending approval of the amendments to the City Council. ALTERNATIVES TO THE STAFF RECOMMENDATION: 1. The Planning Commission may recommend modifications of the text amendments to the City Council. Any proposed modifications should be 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 th at is required. A motion, and approval of that motion, to continue the item to a future date. 3. The Planning Commission may recommend the City Council deny the proposed text amendments. The Commission must specify the reason for the denial of the proposed text amendments, 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. FISCAL IMPACT: None. 8 10/1/2024 |Item 2| Staff Report ATTACHMENT(S): 1. Draft Resolution A a. ES (Emergency Shelter) Overlay Zone Text b. ECHO Operations and Management Plan c. Conditions of Approval 2. Conceptual Design Package 9 10/1/2024 |Item 2| Staff Report ATTACHMENT 1: Draft Resolution AMND24-0060 & ZCH24-0061 DRAFT PC RESOLUTION A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE TEXT AMENDMENTS TO THE ES (EMERGENCY SHELTER) OVERLAY ZONE (AMC 9-3.504), CONDITIONAL USE PERMIT (PLN 2014-1492), AND THE EL CAMINO HOMELESS ORGANIZATION (ECHO) OPERATIONS AND MANAGEMENT PLAN FOR THE EXPANSION OF AN EXISTING SHELTER AND PROGRAMS WITHIN THE EMERGENCY SHELTER (ES) OVERLAY ZONE (APN: 030-341-013) 6370 ATASCADERO AVENUE EL CAMINO HOMELESS ORGANIZATION (AMND24-0060 & ZCH24-0061) WHEREAS, an application was received from the El Camino Homeless Organization, PO Box 2077, Atascadero, CA 93423, (Owner/Applicant) for amendments to the Emergency Shelter (ES) Overlay Zone, Conditional Use Permit (PLN 2014-1492), and the El Camino Homeless Organization (ECHO) Operations and Management Plan to allow for an expansion of an existing shelter and programs located at 6370 Atascadero Avenue; and WHEREAS, the ES (Emergency Shelter) Overlay Zone site has a General Plan Designation of High Density Residential (HDR) and is in conformance with the Land Use Element of the General Plan and all other applicable General Plan policies; and WHEREAS, the site is located in the Residential Multi-Family Zone (RMF-24) zoning district and is located within an ES overlay zone, as established by the Atascadero Municipal Code section 9-3.502(a); and WHEREAS, a Conditional Use Permit is required for any additional services or programs, including daytime service programs beyond those described in the Atascadero Municipal Code Section 9-3.504(d)(1); and WHEREAS, all operators of a shelter are required to prepare an on-site management plan per Atascadero Municipal Code section 9-3.504(e); and 10 10/1/2024 |Item 2| Staff Report 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 CEQA have been adhered to; and WHEREAS, a timely and properly noticed Public Hearing upon the subject Amendment to ES (Emergency Shelter) Overlay Zone text 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 Amendment; and 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 amendments: SECTION 1. Recitals. The above recitals are true and correct. SECTION 2. Public Hearing. the Planning Commission held a duly noticed public hearing to consider the proposed on-site management plan amendments on October 1, 2024, at 6:00 p.m. and considered testimony and reports from staff, the applicants, and the public. SECTION 3. CEQA. The Planning Commission makes the following environmental determinations: 1. The proposed amendments to the ES Overlay zoning text, to the conditions of approval for Conditional Use Permit (PLN 2014-1492), and the ECHO Operations and Management Plan are exempt from the California Environmental Quality Act (CEQA), Public Resources Code Section 21000 et seq., because it can be seen with certainty that there is no possibility that the enactment of proposed amendments will have any significant adverse environmental impacts. 2. Additionally, CEQA (Section 15301(c)(2)) exempts additions to existing structures provided that the addition will not result in an increase of more than 10,000 square feet when the project is in an area where all public services and facilities are available to allow for maximum development permissible in the General Plan and the area in which the project is located is not environmentally sensitive. While the expansion of the facility is ministerial under State law, the proposed amendments to the ES Overlay Zone and operation plan will result in allowances for facility expansion. The proposed expansion of the existing shelter and program activities would result in an addition that is less than 10,000 square feet in an area where all public services and facilities are available to support the expansion of the existing shelter and on a site that has been previously developed and is not designated as an environmentally sensitive area. SECTION 4. Findings and Facts. The Planning Commission makes the following findings, determinations, and approvals with respect to the following: 11 10/1/2024 |Item 2| Staff Report Findings of Approval of a Zone Text Amendment: 1. FINDING: The ES (Emergency Shelter) Overlay Zone text amendment is consistent with General Plan policies and all other applicable ordinances and policies of the City. FACT: The proposed zone text amendments align the code requirements with the vision, intent, and policies of the adopted General Plan. 2. FINDING: The Amendment of the Zoning Ordinance will provide for the orderly and efficient use of lands where such development standards are applicable. FACT: The proposed text amendment provides for orderly development within the ES Overlay Zone in accordance with the adopted General Plan for the compatible use of the property based on neighborhood characteristics. 3. FINDING: The text change will not, in itself, result in significant environmental impacts. FACT: The proposed text changes are minor and do not trigger any environmental impacts. Findings of Approval of a Conditional Use Permit Amendment: 4. FINDING: The proposed project or use is consistent with the General Plan. FACT: The proposed use permit amendment is consistent with the vision, intent, and policies of the adopted General Plan. 5. FINDING: The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance). FACT: The proposed use permit amendment is consistent with the provisions of the ES Overlay Zone and the underlying zoning district. 6. FINDING: The establishment and 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 use permit amendment will increase the operational hours for an existing daytime program at an existing shelter location. The proposed increase in operational hours for the shower program services can be accommodated within the existing facility and conditions of approval and existing ES code text will ensure that the daytime use of the site will not be detrimental to the surrounding neighborhood or 12 10/1/2024 |Item 2| Staff Report general public. 7. FINDING: That the use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development. FACT: The proposed use permit amendment will increase the operational hours for an existing daytime program at an existing shelter location. The proposed increase in operational hours for the shower program services can be accommodated within the existing facility and conditions of approval and existing ES Overlay Zone code text will ensure that the services remain compatible with the surrounding neighborhood. 8. FINDING: That the proposed use 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 proposed use permit amendment to increase the operational hours of the shower program services will not generate an increase in traffic beyond the safe capacity of surrounding roads. 9. FINDING: That the proposed project is in compliance with any pertinent City policy or criteria adopted by ordinance or resolution of the City Council. FACT: The proposed use permit amendment to increase the operational hours of the shower program services at an existing shelter is compliant with all applicable City policies. SECTION 5. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on October 1, 2024, resolved to recommend approval of amendments to the ES (Emergency Shelter) Overlay Zone text, Conditional Use Permit establishing the meal program, and the El Camino Homeless Organization (ECHO) Operations and Management Plan for the existing shelter located at 6370 Atascadero Avenue (AMND24-0060 & ZCH24-0061) subject to the following: EXHIBIT A: Emergency Shelter Overlay Zone Text EXHIBIT B: ECHO Operations and Management Plan EXHIBIT C: Conditions of Approval 13 10/1/2024 |Item 2| Staff Report 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 _________________________________________ Tori Keen Planning Commission Chairperson ATTEST: ___________________________________ Phil Dunsmore Planning Commission Secretary 14 10/1/2024 |Item 2| Staff Report Exhibit A: Emergency Shelter Overlay Zone Text Amendment AMND24-0060 & ZCH24-0061 Article 23. ES (Emergency Shelter) Overlay Zone 9-3.504 Operating standards. The following operating standards apply to emergency shelters: (a) Emergency Shelter Operator. Each shelter shall be operated by an agency or organization with experience in managing or providing social services. (b) Maximum Number of Beds. An emergency shelter shall have a maximum number of beds for overnight clients served by the facility. This limitation on client beds does not include accommodations for management, employees, or volunteers. The following is the maximum number of client beds for approved shelter(s): (1) Assessor Parcel Number (APN) 030-341-013: sixty (60) beds ninety (90) beds. (c) On-Site Management and Supervision. (1) Assessor Parcel Number (APN) 030-341-013. There shall be a minimum of one (1) on duty supervisor for every thirty (30) overnight shelter clients during the operating hours. (d) Operating Hours. (1) Assessor Parcel Number (APN) 030-341-013. Shelter hours of operation are limited to between 4:00 p.m. and 9:00 a.m. daily. Shelter clients and the general public are not permitted on the premises outside these hours unless otherwise permitted by the approval of a Conditional Use Permit per section (h). Exceptions: (i) Temporary shelter clients are permitted on the premises during hours of operation. (ii) Operator staff, board members, and contractors are not subject to any time restrictions. (iii) Special Activities. Up to one special function per month is allowed for Non-Shelter Clients by appointment and under the supervision of ECHO Staff. ECHO may hold additional special functions (in excess of one per month) with City staff approval in writing. These functions may include but are not limited to: a. Fundraisers (not involving shelter clients); b. Neighborhood open houses (not involving shelter clients); c. Neighborhood meetings (not involving shelter clients); d. Holiday events for shelter clients; and e. Official government enumeration surveys involving shelter clients. (e) On-site Management Plan Contents. The operator must prepare and follow an on-site management plan that must include the following: (1) Rules. A list of rules and regulations for overnight clients. 15 10/1/2024 |Item 2| Staff Report (2) Logs. Provide a methodology for tracking the number of overnight clients. (3) Security and safety plan that will address security and safety of occupants, loitering control and management of outdoor areas. (4) Types and descriptions of programs offered on-site. (5) Required On-Site Signage: (i) No loitering signs (ii) No trespassing sign (iii) No camping signs (6) Identify a neighborhood liaison and provide the contact information for the liaison. (7) Hold at least one (1) neighborhood meeting each calendar year. (8) A dispute resolution process for any neighborhood issues that may arise. (9) Mechanisms for enforcement. (f) Management Plan Submittal—Approval and Review. (1) The initial management plan must be submitted within sixty (60) days of approval of the overlay zone change and thereafter must be submitted for review by the City annually on February 1st of every year. (2) The initial management plan must be approved by the City Council. (3) Annual Review. The management plan will be reviewed annually by staff. Updates to the Operation Management Plan will be forwarded to the City Council for review at a public hearing. (g) Meal Program CUP Requirement and Operating Standards (Assessor Parcel Number (APN) 030-341-013). Any on-site meal program that is open to the general public (Open Meal Program) is an ancillary use subject to the approval of a conditional use permit under Section 9- 2.110 of this code. Any such approved Open Meal Program shall abide by the following operating standards: (1) Hours of Operation. Open Meal Program service operating hours shall be between 4:00 p.m. and 6:00 p.m., daily. Non-Shelter Client participants shall vacate the site no later than 6:15 p.m. (2) The operator shall take reasonable steps to prevent meal recipients from congregating in and around the site at all times to minimize adverse impacts on adjacent properties. (3) Employees and Volunteers. In addition to the required staffing listed in 9 -3.504(c)(1), the Open Meal Program shall operate with a staffing ratio of one (1) employee or trained volunteer for every ten (10) meal program participants. The operator shall provide training to all volunteers and employees. (4) Outdoor Monitors. From 4:00 p.m. to 6:15 p.m. daily, the Open Meal Program shall include a minimum of one (1) outdoor monitor to supervise participants in the rear of the property and one (1) outdoor monitor to supervise participants in the front of the property. 16 10/1/2024 |Item 2| Staff Report Outdoor monitors shall be considered employees or volunteers for the staffing ratio purposes listed in 9-3.504(h)(3). (5) Number of Participants Served. The maximum number of participants in the meal program shall not exceed eighty (80) one hundred (100) persons served in one (1) day. This includes both temporary overnight shelter clients, and non-shelter client participants (general public). (6) Participant Screening. All Open Meal Program participants must be screened by the operator prior to admission for meal service. (7) Log of Participants. A log of Open Meal Program participants is required to be kept daily. The operator must make reasonable efforts to collect the following information: (i) Legal name (ii) Date of birth (iii) Housing status (8) Review of Open Meal Program Participants. The operator must make available a log of Open Meal Program participants for periodic review by the City. (9) Neighborhood Dispute Resolution Process. If the operator fails to follow these operating standards or any other conditions of approval, disputes regarding such alleged violations or other impacts on the neighborhood will be addressed as set forth in this subsection. (i) Any complaints shall first be reported to the neighborhood liaison. (ii) If a resolution does not occur, any complaint may be submitted as a code violation complaint to the City. (iii) Repeated violations to these operating standards or the conditions of approval may result in a review of the operation of the shelter or the Open Meal Program by the City Council. Following such review, the City Council may amend these provisions to further regulate the shelter and Open Meal Program, including the possible suspension or revocation of the Open Meal Program. (h) Optional Conditional Use Permit (CUP). The shelter operator may apply for a CUP to provide additional services or programs, including daytime service programs beyond those described in subsection (d)(1). 17 10/1/2024 |Item 2| Staff Report Exhibit B: ECHO Operations and Management Plan AMND24-0060 & ZCH24-0061 El Camino Homeless Organization (ECHO) Operations and Management Plan The El Camino Homeless Organization (ECHO) is a 501(c)3 nonprofit organization that operates a 60-bed 90-bed transitional and emergency homeless shelter at 6370 Atascadero Avenue in Atascadero, CA. ECHO currently provides emergency shelter for families and individuals who do not have permanent housing. The following is the updated management plan as required by the City of Atascadero for operation of an Emergency Shelter, consistent with Section 9-3.504 (e) of the Atascadero Municipal Code. 1.0 Definitions For the purposes of this agreement, unless otherwise apparent from the context, certain words and phrases used in the agreement are defined as follows: A. Case Managers: Shall mean trained ECHO staff and/or volunteers that work one-on-one with Shelter Clients. They assist with a wide range of issues on a case-by-case basis that includes, but not limited to finding permanent housing, health care, financial assistance, or job training. B. Dinner Guests: Dinner Guests shall mean all non-shelter clients participating in the ECHO Meal Program. C. Non-Shelter Clients: Non-Shelter clients shall mean those clients that are receiving services outside of the shelter program and shall include dinner guests and shower guests. D. Potential Shelter Applicant: Potential Shelter Applicant shall mean a person that has come to ECHO seeking to learn about and potentially apply for the Shelter Program. E. Shelter Clients: Shelter Clients shall mean clients that have been accepted into the Shelter Program and are currently residing at ECHO, along with those clients that have graduated in good standing from the ECHO Shelter Program, but are continuing to receive support services from ECHO during the day time hours. F. Shelter Program: Transitional and emergency shelter program for accepted and screened clients. Clients participating in the shelter program stay overnight and may participate and be present during day time hours at the ECHO homeless shelter at 6370 Atascadero Avenue. 18 10/1/2024 |Item 2| Staff Report G. Shower Guests: Shower Guests shall mean all non-shelter clients participating in the ECHO Shower Program. 2.0 Programs Offered A. Shelter Program: Transitional and emergency shelter for accepted and screened clients. Shelter Clients participating in the Shelter Program may also receive meals and food as a part of the Shelter Program. B. Case Management: Shelter Clients that are accepted to the shelter are required to enter case management after a five -day assessment period. Case managers work with clients to create a plan to assist with job training and placement, financial literacy, behavioral health referrals, housing, transportation assistance, educational goals, and other supportive services. Shelter Clients are required to meet with their case managers at least once a week to ensure progress. C. Supportive Services and Resources: 1. Children’s programs that include but are not limited to tutoring, nutrition education, art and music appreciation, and literacy to foster the well - being and development of the children ECHO serves. 2. Parent education classes that help parents acquire skills to improve their parenting of and communication with their children in order to reduce the risk of child maltreatment and/or reduce children's disruptive behaviors. 3. Health and wellness programs assist clients in embracing a healthy lifestyle. Nutrition education classes, and practical instruction with ECHO’s garden program. Programs to break the cycle of addiction to tobacco and other substances. Other wellness programs may include emotional, environmental, financial, intellectual, physical, occupational and social wellness support. D. Dinner Program: An open meal program that provides an evening meal to Shelter Clients and Dinner Guests. The Open Meal Program is subject to Conditional Use Permit (CUP) approval. Rules and regulations of the meal program are contained in the CUP as conditions of approval. In the event that a CUP is denied or a CUP is revoked, the Open Meal Program will no longer be a program that is offered. E. Shower Program: On a scheduled and managed basis, non-shelter clients are allowed to use ECHO’s shower facilities to promote good hygiene and the prevention of illness. The shower program, for non-shelter clients, will operate 19 10/1/2024 |Item 2| Staff Report no more than 10 15 hours per week, up to 5 days a week, from 4:00 – 6:00pm. Rules relating to the shower program are included in the shelter’s Policies and Procedures Manual. 3.0 Operating Standards A. Hours of Operation: 1. Shelter Program: Hours of operation for Shelter Clients will be based on the availability of supervision and capacity to offer programs, but may be up to 24 hours per day. 2. Dinner Program: Dinner guests are not permitted on-campus until 4:00 pm daily and must leave the ECHO campus by 6:00 p.m. 3. Shower guests are permitted on campus only during those times outlined in the Shelter Policies and Procedures Manual. 4. Potential Shelter Applicants may only be on the premises for the time needed to obtain necessary information and to complete the intake process (generally expected to be under 2 hours). 5. The general public, volunteers, and maintenance personnel are permitted on the premises under supervision of ECHO staff. 6. Special Functions: Up to two special functions per month is allowed for Non-Shelter Clients by appointment and under supervision of ECHO staff. These functions may include but are not limited to: fund raisers, neighborhood meetings, open houses, holiday gatherings, special client services (e.g., wedding or memorial service) or government sponsored enumeration surveys. ECHO may hold additional special functions (in excess of the one per month) with City staff approval in writing. The request for additional functions should be made to the Community Development Director and should include a description of the function, expected dates and times of the function, and any rules or procedures in place for the function. Additional information may be requested by the Community Development Director, prior to City approval. B. Number of Beds: The dorm facility has a maximum of sixty (60) ninety (90) beds. C. Staffing: 1. President/CEO: The President/CEO is the liaison with the Board of Directors and is directly responsible for overseeing and guiding the 20 10/1/2024 |Item 2| Staff Report organization’s operations. The President/CEO is directly responsible to ECHO’s Board of Directors. 2. Shelter Manager: The President/CEO shall appoint an individual responsible for overseeing and coordinating the activities of shelter clients, non-shelter clients and volunteers during the hours of shelter operation (Shelter Manager). The Shelter Manager ensures that the facility is ready and safe for shelter operations. 3. Volunteers: Volunteers fill positions and perform tasks related to the operation of the shelter. Volunteers shall complete an application and screening process prior to being matched with appropriate roles and responsibilities. Volunteers shall be trained and supervised by ECHO paid staff and senior volunteer team leaders. 4. Overnight Staffing: Overnight staffing will include one (1) staff person or trained volunteer per thirty (30) Shelter Clients. 5. Outdoor Monitors. At least two (2) outdoor monitors are to be on-site from the hours of 4:00 p.m. to 6:15 p.m. daily. 6. Executive Council: The Executive Council includes the Chair, Vice- Chair, Secretary, and CFO of ECHO’s Board of Directors. D. Admission to shelter: Prior to admission to ECHO, the following screening methods will be used for clients and or guests: 1. Screening for alcohol and/or drug use. 2. Screened for listing on the State of California Department of Justice designated registered sex offender list (Megan’s Law). 3. Review for any outstanding warrants as determined by the Atascadero Police Department. 4. Drug and Alcohol Testing: Shelter Clients may be randomly tested for drug and alcohol use at the discretion of ECHO trained staff. 5. Shelter Clients / Non-Shelter Client Logs: ECHO shall maintain daily logs of Shelter Clients, dinner guests, and all individuals who have been suspended from services. The logs are available for review to the City of Atascadero upon request and shall remain confidential between the City and ECHO. 21 10/1/2024 |Item 2| Staff Report 4.0 Operational Procedures: A. The ECHO Board of Directors adopts a set of Policies and Procedures that govern the operations of the programs that are provided by ECHO. These Policies and Procedures are periodically updated by the ECHO Board of Directors to remain current with laws, regulations, grants, and operational efficiency. To ensure compliance with this Agreement, a copy of the most current adopted Policies and Procedures Manual shall be given to City staff. The ECHO Board has the right to adopt those rules, regulations and procedures that they feel are necessary to operate the Shelter, but at a minimum the Policies and Procedures must include the following: 1. The use or storage of drugs, alcohol or tobacco while on the premises is strictly prohibited with the exception of prescribed medications, which shall be reported and a list maintained by ECHO staff. 2. Shelter Clients and Non-Shelter Clients agree to any drug testing or search and comply in a timely manner per staff instructions. 3. Theft or use of other’s belongings without their permission, including ECHO property is prohibited. 4. The display of inappropriate sexual behavior including possession of sexually explicit material is prohibited. 5. Shelter Clients and Non-Shelter Clients agree to dress modestly and appropriately at all times, including shirt and footwear. 6. The display of any form of threatening behavior including profanity or violence toward themselves or others is prohibited. 7. Possession of any weapons or other devices that could be used to cause harm to persons or property is prohibited. 8. Shelter Clients and Non-Shelter Clients agree to monitor children’s behavior at all times. 9. Failure to stay overnight at the shelter without prior permission of the shelter manager may result in a suspension from ECHO services. 10. Any behavior deemed by Shelter Management to be threatening to the ongoing health, safety or domestic tranquility of the shelter environment may result in the immediate and permanent termination of ECHO services. 22 10/1/2024 |Item 2| Staff Report B. Minor infractions: The Policies and Procedures Manual shall at a minimum contain disciplinary procedures for minor infractions. Minor infractions could include: 1. Verbal abuse of volunteers, chaperones, staff, visitors or other clients. 2. Smoking or chewing tobacco anywhere on the grounds (including the parking lot). 3. Failing to get prior permission from the shelter manager to arrive late or leave early including leaving the campus after being admitted to the dormitory. 4. Disruptive behavior or creating a negative environment. 5. Wearing inappropriate or suggestive clothing, including no shirt or footwear. 6. Failing to directly supervise children, or allowing children to be overly disruptive. 7. Disturbing others with unnecessary noise between 10:00 p m and 6:00 a m. 8. Changing beds or using an unauthorized sleeping location. 9. Failing to respond reasonably to ECHO staff requests. 10. Failing to complete assigned chores. 11. Returning to a car without an escort, between the hours of 7:00pm and 6:00am, after being admitted to the dorm. 12. Loitering on shelter grounds without ECHO supervision between the hours of 7:00pm and 6:00am. 13. Extended working on or sleeping in vehicle on ECHO property. The Policies and Procedures Manual adopted by ECHO shall include discipline for all minor infractions up to and including expulsion from the program for continued infraction of the rules. C. Major Infractions. The Policies and Procedures Manual shall at a minimum contain rules addressing the following. Each of the following are infractions 23 10/1/2024 |Item 2| Staff Report that could result in immediate expulsion from services. The duration of expulsion will be at the discretion of the ECHO Staff. 1. Lying or failing to disclose complete information. 2. Testing positive for or possessing alcohol or drugs. 3. Refusing drug testing or search. 4. Inappropriate sexual behavior or possessing sexually explicit material. 5. Willful destruction of shelter property. 6. Violence or threats of violence to self or others. 7. Theft of ECHO or client property. 8. Possessing weapons or other devices capable of harming persons or property. 9. Staying out of the shelter overnight without permission of the Shelter Manager. 10. Any behavior deemed by ECHO Staff to threaten the ongoing health, safety or domestic tranquility of the shelter environment. D. Each Shelter Client must sign an agreement acknowledging the receipt and understanding of the Rules and Regulations and agreeing to abide by the Rules and Regulations. The agreement must indicate that violation of the Rules and Regulations may be cause for immediate and permanent termination of ECHO services at the discretion of the Shelter Manager. E. ECHO staff must enforce and cultivate a culture of compliance with its adopted Rules and Regulations from the Policies and Procedures Manual. The City may periodically inspect ECHO and/or talk to Shelter Clients, Non -Shelter Clients, and volunteers to determine if ECHO’s Policies and Procedures are being followed. 5.0 Security and Safety. A. Occupant Safety. 1. Evacuation Plan. An evacuation plan to safely exit occupants from the shelter is posted. 24 10/1/2024 |Item 2| Staff Report 2. Monitors. Shelter volunteers are trained to follow emergency protocols in a variety of situations including medical, threats of violence, fire and natural disasters. 3. Children’s Play Areas. Children’s play areas are to remain fenced for controlled access. B. Loitering Control 1. Site Signage. “No loitering, no trespassing and no camping” signage will remain in locations as shown in Exhibit A of this agreement. Signage is to be consistent with the California Penal Code. 2. Landscaping and Fencing. Landscaping and fencing will remain in good repair consistent with Site Plan (Exhibit A) of this agreement. 3. Designated Assembly Area. The designated assembly areas will be utilized as shown in Exhibit A. 4. Playground Location. Playground areas are to be managed appropriately to reduce noise impacts on neighboring residents. Exhibit A shows acceptable playground locations. All playground improvements must be consistent with City and State regulations. C. Outdoor Management and Security 1. Lighting. Exterior lighting must include: i. Parking lot LED lighting consistent with City and State regulations. ii. Building perimeter LED lighting consistent with the California Building Code. City of Atascadero will ensure no light spillage into neighboring properties. 2. Video Surveillance. A video surveillance system will be maintained and monitored by ECHO staff along the building perimeter. 3. Outdoor Monitors. At least two (2) outdoor monitors will patrol the ECHO campus from 4:00 p.m. until 6:15 p.m. to ensure ECHO Policies and Procedures are being followed. Outdoor Monitors are only responsible for monitoring property owned by ECHO. 6.0 Neighborhood Relations A. Community Liaison. 25 10/1/2024 |Item 2| Staff Report 1. Community Liaison. The ECHO President/CEO (or their designee) is the designated community liaison to address any issue or complaint raised by a neighbor or community member that involves a shelter client(s) or shelter operations. 2. Complaints Received. All community complaints must be directed to the Community Liaison for proper action. The ECHO President/CEO (or their designee) must respond to the complaint with in five (5) working days from the date the complaint was received. 3. Contact. The Community Liaison contact information is posted at the shelter and on ECHO’s website. B. Neighborhood Meetings. ECHO will host a minimum of one (1) noticed neighborhood meeting per year. The purpose of the meeting is to maintain open dialog with neighbors, educate the community about ECHO, and address any questions or concerns about shelter operations. 1. Meeting Notices. Meeting notices will be mailed directly to ECHO’s neighbors, placed in local media and on ECHO’s website. ECHO will obtain the latest mailing list from the City of Atascadero. (Mailing Radius provided by City) 2. ECHO does not need to hold an additional neighborhood meeting unless 5 or more neighbors request a meeting in writing. ECHO will try to accommodate meetings requested by neighbors. C. Neighborhood Dispute Resolution 1. First Action. Any violation of ECHO Policies and Procedures or other concerns about shelter operations can be reported by contacting the Community Liaison and filing a complaint. The complaint is to be acted upon as described above (Section 6.0.A.2.). 2. Second Action. Any issues not resolved by the ECHO CEO/President will be forwarded to the ECHO Board Chair for further action. The Board Chair (or the Executive Council) must act on the complaint within ten (10) working days of the unresolved complaint. If action by the Board Chair or the Executive Council does not resolve the complaint then the complaint can be brought to a Third Action. 3. Third Action. Issues or complaints not adequately resolved by the ECHO Board Chair or Executive Council may be submitted to the City of Atascadero as a code violation complaint. 26 10/1/2024 |Item 2| Staff Report 4. Code Violation Compliant. A dispute that results in a submitted code violation to the City of Atascadero will be investigated by City Staff based on the adopted municipal code, adopted building code or any other regulation that ECHO operations fall under and that the City has jurisdiction over. This process will be consistent with the City’s Code Enforcement process. 7.0 Enforcement Mechanisms This Agreement is between ECHO and the Atascadero City Council for the operation of the transitional and emergency shelter. Both entities will act in good faith to implement this Operations and Management Plan. Any operational issues that cannot be resolved by ECHO and City staff will be forwarded to the Atascadero Planning Commission for consideration. 27 10/1/2024 |Item 2| Staff Report Exhibit C: Conditions of Approval AMND24-0060 Conditions of Approval 6370 Atascadero Avenue (APN: 030-341-013) AMND24-0060 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 approval is for an amendment AMND24-0060 to Condition of Approval (specifically Condition #8) of Conditional Use Permit (PLN 2014-1492), for 6370 Atascadero Avenue (APN: 030-341-013). All other Conditions of Approval remain in effect, except as added or modified below. Ongoing PS 2. The approval of this entitlement shall become final and effective for issuing building permits fourteen (14) days after the City Council hearing. BP PS, BS 3. The applicant shall defend, indemnify, and hold harmless the City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the City, or any of its entities, concerning this Conditional Use Permit. Ongoing PS 4. All site design, landscaping, fencing, exterior elevations, finish materials, and signage shall be consistent with the Master Plan of Development as adopted or as superseded by State Law. Ongoing PS 5. All fencing and landscaping shall be maintained in substantial conformity in perpetuity unless otherwise approved by the Community Development Department. All trees planted as part of the project, whether on-site or within the public right of way, 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 6. The maximum number of meal program participants shall be eighty (80) persons one hundred (100) persons. This shall include shelter clients. Maximum shelter clients shall be consistent with the adopted Emergency Shelter Overlay Zone ordinance for APN 030-341-013. PS PS 28 10/1/2024 |Item 2| Staff Report Attachment 2: Conceptual Design Package AMND24-0060 & ZCH24-0061 See Following 29 30 31 32 33