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HomeMy WebLinkAboutResolution 2013-005 RESOLUTION NO. 2013-005 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO GRANTING THE APPEAL OF CONDITIONAL USE PERMIT 2005-0157 AMENDING CONDITION 14 TO REQUIRE TWLEVE (12) DEED RESTRICTED MODERATE INCOME UNITS APN 049-042-018 1155 EL CAMINO REAL (OAKHAVEN VILLAGE, LLC WHEREAS, an application has been received from Oakhaven Village LLC, 3160 Ocean Terrace, Marina, CA 93933, (Owner and Applicant) to consider an appeal to Conditional Use Permit 2005-0157 condition 14 that requires that the developer set aside 30 year deed restricted affordable housing units for two (2) very low, five (5) low, and five (5) moderate income throughout the development at 1155 El Camino Real (APN 049-042-018); and, WHEREAS, the site's current General Plan Designation is High Density Residential (HDR); and, WHEREAS,the site's current zoning district is Multi-Family Residential (RMF-20) with a Planned Development Overlay (PD-26); and, WHEREAS, a timely and properly noticed Public Hearing on July 19, 2005, the Planning Commission adopted PC 2005-0047 recommending that the City Council approve Conditional Use permit 2005-0157 (Master Plan of Development) and PC 2005-0048 recommending that the City Council approve Vesting Tentative Tract Map 2005-0067 with changes to the conditions of approval that included modifications to the inclusionary housing condition to reflect the inclusion of two (2) very low, five (5) low, and five (5) moderate deed restricted units throughout the development, consistent with the City's Council's Affordable Housing Policy; and, WHEREAS, Staff revised its report to the City Council to reflect the Inclusionary Affordable Housing changes as recommended by the Planning Commission; and, WHEREAS, Staff reported to the City Council that conditions of approval had been added to ensure that this requirement is met (Condition CUP 14, /TTM 11); and, WHEREAS, a timely and properly noticed Public Hearing on August 9, 2005, the City Council, on a 3-0 roll call vote, adopted Resolution 2005-076, Master Plan of Development and Resolution 2005-077, Vesting Tentative Tract Map; and, WHEREAS, it was the intent of the City Council that the project conditions of approval include twelve (12) moderate deed restricted units throughout the development, consistent with the City's Affordable Housing Policy; and, City of Atascadero Resolution No. 2013-005 Page 2 of 5 WHEREAS, a clerical error had occurred on City Council Resolution 2005-076 (CUP), Condition 14 that does not reflect the project conditions as intended by the City Council; and, WHEREAS, the proposed project was required to provide inclusionary housing due the approval of a Planned Development Overlay, which requires a legislative approval by the City Council; and, WHEREAS, the inclusionary housing policy requires the that twenty (20) percent of the total project is set aside for affordable housing; and, WHEREAS, the project is proposing the development of sixty-two (62) small lot single family residential homes; and, WHEREAS, the City's inclusionary housing policy requires that single family residential uses set aside twenty (20) percent of its total units to moderate income qualified home buyers, and, WHEREAS, a timely and properly noticed Public Hearing upon the subject 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 application; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on December 19, 2012, approved amendments to Conditional Use Permit 2005-0157, after first studying and considering the testimony and the environmental determination prepared for the project, and, WHEREAS, an appeal of the project was received within the 14 day project appeal period by the project applicant and property owner at 1155 El Camino Real, and, WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing held on March 26, 2013, studied and considered the appeal of Conditional Use Permit 2005- 0157, after first studying and considering the materials prepared for the project, and, NOW, THEREFORE, the City Council of the City of Atascadero takes the following actions: SECTION 1. Findinl4s for Granting the Appeal and amending CUP 2005-0157. The City Council finds as follows: 1. The proposed project is a single family residential use, 2. The percentage of units within the project must be affordable shall be twenty (20) percent of the total project. 3. The distribution of affordable units in single family land use areas shall 100% Moderate. 4. The project is required to provide twelve (12) deed restricted affordable housing units for City of Atascadero Resolution No. 2013-005 Page 3 of 5 the moderate income group. SECTION 3. Amendment. The City Council of the City of Atascadero, in a regular session assembled on March 12, 2013, resolved to grant the appeal and amended Conditional Use Permit 2005-0157 subject to the following: EXHIBIT A: Conditions of approval/Mitigation Monitoring Program EXHIBIT B: Master Plan of Development(2012 Amendment) EXHIBIT C: Floor Plan A (2012 Amendment) EXHIBIT D: Floor Plan A Sections and Elevations (2012 Amendment) EXHIBIT E: Floor Plan B (2012 Amendment) EXHIBIT F: Floor Plan B Sections and Elevations (2012 Amendment) EXHIBIT G: Floor Plan C(2012 Amendment) EXHIBIT H: Floor Plan C Sections and Elevations (2012 Amendment) EXHIBIT 1: Floor Plan D (2012 Amendment) EXHIBIT J: Floor Plan D Section and Elevations (2012 Amendment) EXHIBIT L: Project Site Sections and Entry (2012 Amendment) EXHIBIT M: Preliminary Landscape Plan(2012 Amendment) EXHIBIT N: Tree Protection Plan EXHIBIT 0: Grading, Drainage and Utility Plan (2 sheets) EXHIBIT P: Approved Street Sections EXHIBIT Q: Proposed Circulation Layout On motion by Council Member Kelley and seconded by Council Member Sturtevant, the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: Council Members Kelley, Moreno, Sturtevant and Mayor O'Malley NOES: None ABSENT: None ABSTAIN: Council Member Fonzi ADOPTED: March 26, 2013 City of Atascadero Resolution No. 2013-005 Page 4 of 5 CITY OF ATASC RCO By: Tom O'Ma, ey, Mayor ATTEST: 84"JA� Marcia McClure Torgerson, C.M.C., Vy Clerk APPROVED AS TO F M: Brian Pierik, City Attorney City of Atascadero Resolution No. 2013-005 Page 5 of 5 Due to length of Exhibits A-Q, they are not attached with this Resolution; they are, however, available for review in their entirety in the Office of the City Clerk.