HomeMy WebLinkAboutResolution 2011-067 RESOLUTION NO. 2011-067
RESOLUTION OF THE CITE' COUNCIL
OF THE CITY OF ATASCADE O, CALIFORNIA,
APPROVING ANAMENDMENT TO CUP 2004-0130 AN
TTM 2004-0054 OAK GROVE 11 TO AMEND THE
AFFORDABLE HOUSING CONDITIONS
(1225 El Camino Real / Atalaya Street / People's Sell'Help Housing)
WHEREAS, an application has been received from People's Self Help Housing (3533
Empleo St., San Luis Obispo, CA 93401), Owner and Applicant, to consider a project consisting
of an Amendment to the Affordable Housing Condition of CUP 2004-0130 and TTM 2004-0054
at 1225 El Camino Real/Atalaya Street; and,
WHEREAS, the site's General Plan Designation is SFR-X (Single-Family Residential -
X); and,
WHEREAS, the site's Zoning District is RSF-X (Residential Single-Family-X) with a
Planned Development 17 (PD-17) Overlay; and,
WHEREAS, the Planned Development #17 requires the adoption of a Master Pian of
Development in the form of a Conditional Use Permit, and specific Conditions of Approval are
included in that Master Plan of Development; and,
WHEREAS, the proposed Amendment is consistent with Mitigated Negative
Declaration 2004-0022, which was prepared for the project in 2004 and made available for
public review in accordance with the requirements of the California Environmental Quality Act
(CEQA)prior to being certified by City Council; and,
WHEREAS, the Atascadero City Council, at a Public Hearing held on. October 11, 2011,
studied and considered the proposed project Amendment (CUP 2004-0130 & TTM 2004-0054)
after first studying and considering the Certified Mitigated Negative Declaration prepared for the
original project, and,
NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of
Atascadero:
SECTION 1. Findings. The City Council finds as follows:
1. The proposed project amendment or use is consistent with the General Plan and the
City's Appearance Review Manual; and,
2. The proposed project amendment or use satisfies all applicable provisions of the
Title (Zoning Ordinance) including the PD-17 Ordinance; and,
City of Atascadero
Resolution No. 2011-067
Page 2 of 3
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,
4. That the proposed project amendment or use will not be inconsistent with the
character or the immediate neighborhood or contrary to its orderly development;
and,
5. That the proposed use or project amendment 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.
SECTION 2. Approval. The City Council of the City of Atascadero, in a regular session
assembled on October 11, 2011, resolved to approve an Amendment to CUP 2004-0130 and
TTM 2004-0054 subject to the following:
Amend CUP Condition #11 & TTM Condition#9 to state:
Affordable Housing Requirement..- The applicant shall designate either 2 units as very-
Existing 1 low income or 4 units as low-income, deed-restricted for a 30 year period as,follows in
Condition _ accordance with the State Density Bonus Program provisions. Such units shall be located
throughout the project and shall be subject to planning staff approval.
Exception to resale restriction: The City will release the 2 very-low income, or 4 low
income 30 year recorded deed restrictions if the developer can demonstrate that the
project meets the followiLig criteria:
• The project shall be developed as an entirely affordable project, consisting of a
mix of very low, low, or moderate income units;
• The housing units must be constructed with at least 50% of the work performed by
Amendment° volunteers and/or households purchasing-the housing
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• The applicant must demonstrate that the home purchase financiL7g provided will
be affordable to the purchasing household for at least 30 years.
• At least 2 very-low income units, or 4 low income units shall be provided within
the 24 unit project to meet the density bonus provisions. When the first very low
income unit, or first two low income units are sold to qualified buyers, one of the
very-low income deed restricted units shall be released by the City. When the
second very-low income unit, or an additional two low income units are sold to
qualified buyers, the second very-low income deed restricted unit shall be
released bathe City.
On motion by Council Member Fonzi and seconded by Council Member Clay, the foregoing
Resolution is hereby adopted in its entirety on the following roll call vote:
City of Atascadero
Resolution No. 2011-067
Page 3 of 3
AYES: Council Members Clay, Fonzi, Kelley and Mayor O'Malley
NOES: None
ABSENT: Council Member Sturtevant
ADOPTED: October 11, 2011
CITY OF ATASC ERO
By
Tom O'Ma y, May
ATTEST:
Garcia McClure Torgerson, C.M.C., CiU Clerk
APPROVEDAST ORM:
Brian A. Pierik, City Attorney