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HomeMy WebLinkAboutPC Resolution 2024-0014PC RESOLUTION 2024-0014 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING A ONE-YEAR TIME EXTENSION (TEX24-0055) FOR AMENDMENT (AMND21-0054) TO CONDITIONAL USE PERMIT 02-91, ALLOWING AN ADDITIONAL 19 UNITS AND VARIOUS SITE MODIFICATIONS AT 5880 ARDILLA ROAD EMPIRE APARTMENTS APN 030-271-019 (HOUSING AUTHORITY OF SLO) WHEREAS, an application has been received from the Housing Authority of San Luis Obispo (Owner/Applicant), 487 Leff Street, San Luis Obispo, CA 93401, to consider a second one-year time extension (TEX24-0055) for an amendment (AMND21-0054) to Conditional Use Permit 02-91 at 5880 Ardilla Road (APN 030-271-019); and WHEREAS, the site's General Plan Designation is High Density Residential (HDR); and WHEREAS, the site's Zoning District is Residential Multi -Family, 24 units/acre (RMF - 24); and WHEREAS, the Planning Commission approved Conditional Use Permit 02-91 during a timely and properly noticed Public Hearing on May 7, 1991; and WHEREAS, the Planning Commission approved an amendment to Conditional Use Permit 02-91 (AMND21-0054) during a timely and properly noticed Public Hearing on July 20, 2021; and WHEREAS, the applicant was granted a one-year administrative time extension on June 6, 2023, extending the expiration date of the amendment entitlement to July 20, 2024; and WHEREAS, the proposed time extension would extend the expiration date of the amendment entitlement to July 20, 2025; 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 Public Hearing upon the subject time extension 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 time extension; and NOW THEREFORE, BE IT RESOLVED, that the Planning Commission of the City of Atascadero, California, makes the following findings and determinations with respect to the proposed time extension: SECTION 1. Recitals. The above recitals are true and correct. SECTION 2. Public Hearing. The Planning Commission of the City of Atascadero, in a regular session assembled on August 6, 2024, resolved to approve a one-year time extension (TEX24- 0055) for an amendment to Conditional Use Permit 02-91 (AMND21-0054). SECTION 3. CEQA. The project was determined to be 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.) pursuant to CEQA Guidelines Section 15332, because it includes in -fill development as defined. The proposed time extension does not have any measurable impact or effect on the environment as defined in CEQA Guidelines Section 15358. SECTION 4. Findings. The Planning Commission finds as follows: 1. There have been no changes to the provisions of the General Plan or zoning regulations applicable to the project since the approval of the entitlement; and Fact: Changes to the City's zoning regulations have occurred since the original entitlement was approved in the form of the City's Objective Design Standards ordinance and corresponding Title 9 updates. However, as a use permit, consistency with these new standards is not required. Therefore, none of these changes apply to the proj ect. 2. There have been no changes in the character of the site or its surroundings which affect how the standards of the General Plan or zoning regulations apply to the project; and Fact: There have been no changes to the character of the site or its surroundings which affect how any applicable standards or regulations apply to the project. 3. Substantial site work could not be completed as set forth in Section 9-2.113 because of circumstances beyond the control of the applicant. Fact: This project involves the construction of deed -restricted affordable housing, which is generally financed by a variety of different sources including public and private grants, State tax credits, and local affordable housing funds. Per the attached statement of justification, the Housing Authority of San Luis Obispo is requesting the subject time extension in order to have additional time to coordinate and secure sources of funds for costs associated with permitting and construction. SECTION 5. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on August 6, 2024, resolved to approve time extension TEX24-0055 subject to the following: EXHIBIT A: Conditions of Approval On motion by Vice Chairperson van den Eikhof and seconded by Commissioner Schmidt, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: Anderson, Carranza, Heath, Schmidt, van den Eikhof, Keen (6) NOES: None (0) ABSENT: Hughes (1) ABSTAINED:None ADOPTED: August 6, 2024 CITY O ASCADERO, CA Tori Keen Planning Commission Chairperson ATTEST: Phil Dunsmore Planning Commission Secretary (0) Exhibit A: Conditions of Approval AM N D21-0054 / TEX24-0055 Conditions of Approval Timing 5880 Ardilla Rd. BL: Business License GP: Grading Permit AMND21-00541 TEX24-0055 BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Planning Services Conditions 1. This Conditional Use Permit shall allow for the addition and site modifications Ongoing described in the attached exhibits, including 19 new units, a community building, parking lot renovations, a new fire access lane, and accessibility improvements at the Empire Apartments located on APN 030-271-019. 2. The approval of this use permit shall become final and effective for the purposes of Ongoing 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 approve the BP following minor changes to the project that (1) modify the site plan project by less than 10%, (2) result in a superior site design or appearance, and/or (3) address a construction design issue that is not substantive to the Master Plan of Development. The Planning Commission shall have the final authority to approve any other changes to the Master Plan of Development and any associated Tentative Maps unless appealed to the City Council 4. Approval of this Conditional Use Permit shall be valid for twenty-four (24) months BP 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 and started construction on the project. 5. The applicant shall defend, indemnify, and hold harmless the City of Atascadero or its Ongoing agents, officers, and employees against any claim or action brought to challenge an approval by the City, or any of its entities, concerning the construction or use of the addition and site modifications subject to this entitlement. 6. All exterior elevations, finish materials and colors shall be consistent with what is shown BP / FI in EXHIBIT D of PC Resolution 2021-0010. 7. The applicant shall submit a landscape and irrigation plan concurrently with their BP/FI building permit submittal. 8. The developer and/or subsequent owner shall assume responsibility for the Ongoing continued maintenance of all landscape and common areas, consistent with EXHIBIT D of PC Resolution 2021-0010. 9. Trash receptacles are to be fully shielded from adjacent properties. BP/ Ongoing 10. The applicant shall submit a Parking Management Plan, to be approved by the FI Community Development Director, and record the plan prior to requesting a final planning inspection. 11. The applicant shall add a new six foot tall. fence along the eastern property line prior BP to requesting a final planning inspection. 12. Prior to issuance of building permits, the owner shall record a deed restriction BP designating the project as 100% affordable to low income households for a minimum term of 55 -years. City Engineer Conditions 13. A preliminary Storm Water Control Plan (SWCP) must be completed showing how the proposed project will comply with City and State regulations (Regional Water Quality Control Board Res. No. R3-2013-0032). The preliminary SWCP shall be completed using the City standard form and should include preliminary calculations supporting any required treatment or storage areas associated with Drainage Management Areas (DMA). 14. The remodel of existing facilities and the new facilities are subject to the current City sewer fees and said fees j shall be paid prior to issuance of building permits. , _� 15. The applicant shall work with the City Engineer to determine if frontage improvements are feasible and/or warranted prior to issuance of building permits. 16. The applicant shall work with the City Engineer to determine if additional street lighting is feasible and/or warranted prior to issuance of building permits. Fire Department Conditions 17. Show non-skid surface where required per the Fire Code.