HomeMy WebLinkAboutResolution 2013-029 RESOLUTION NO. 2013-029
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF ATASCADER®
TO ELIMINATE TWO (2) VERY LOW INC®ME UNITS AS PART OF AN
AMENDMENT TO CONDITIONAL USE PERMIT 2003-0095 (MASTER
PLAN OF DEVELOPMENT)
AT 9190 San Diego Way
(CenCal Ventures, LLC / Roberts)
WHEREAS, an application has been received from CenCal Ventures, LLC (5423
Village Road Suite 200, Long Beach, CA 90808) Property Owner and Tim Roberts, PE (2015
Vista De La Vina, Templeton, CA 93465) Applicant, to consider a project consisting of an
Amendment to the Master Plan of Development (CUP 2003-0095) for a 74-unit common lot
multi-family development at 9190 San Diego Way (APN 045-324-001 through. APN 045-324-
085); and,
WHEREAS, the site's current General Plan Designation is High Density Residential
(HDR); and,
WHEREAS, the site's current zoning district is Residential Multi-Family-20 (RMF-20);
and,
WHEREAS, the Planning Commission approved the original Master Plan of
Development(CUP 2003-0095)for the site in 2003; and,
WHEREAS, the Planning Commission approved an amendment to the Master Plan of
Development (CUP 2003-0095) for the site in 2004; and,
WHEREAS, the Planning Commission approved an amendment to the Master Plan of
Development(CUP 2003-0095) for the site on April 16, 2013; and
WHEREAS, the Planning Commission approved the use of a State Density Bonus to
achieve the desired project density because the underlying zoning district was Residential Multi-
Family-16 (RMF-16)for the site in 2003 and 2004; and
WHEREAS, the previous project applicant recorded seven (7) very low income units
deed restrictions on-site in compliance with the City's State Density Bonus ordinance in 2005;
and,
WHEREAS, the previous project applicant has received building permits to construct
two (2) deed restricted very low income units on APN 045-325-005 (Unit 104) and APN 045-
325-050(Unit 207); and,
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WHEREAS, the proposed project is consistent with maximum density allowable in the
underlying zoning district (RMF-20) and no longer requires a State Density Bonus to meet
density requirements; and
WHEREAS, the Planning Commission has rescinded project condition 7 of Planning
Commission Resolution 2004-0083 and project condition 11 of Planning Commission Resolution
2013-0010 requiring deed restricted housing to meet the requirements of the City's State Density
Bonus ordinance as a part of a timely and properly noticed Public Hearing; and
WHEREAS, at a timely and properly noticed Public Hearing on April 16, 2013 the
Planning Commission has waived the requirement for five (5) very low income deed restricted
units that were not constructed; and
WHEREAS, the Planning Commission also took action to recommend the City Council
wave two (2) deed restricted very low income units that have been constructed because the
proposed project density is under the maximum density allowed within the Residential Multi-
Family (RMF-20) zone; and
WHEREAS, a timely and properly noticed Public Hearing upon the subject Conditional
Use Permit Amendment application was held by the Planning Commission of the City of
Atascadero at which hearing evidence, oral and documentary, was admitied on behalf of said
Master Plan of Development Amendment; and,
WHEREAS,the City Council of the City of Atascadero, at a duly noticed Public Hearing
held on May 28, 2013, studied and considered the waiver of two (2) constructed very low income
units, after first studying and considering proposed amendments to the master plan of
development(CUP 2003-0095), and
NOW, THEREFORE, the City Council of the City of Atascadero takes the following
actions:
SECTION 1 Findings
1. The adopted amendment to the master plan of development reduced the total number
of units from 84 to 74.
2. The underlying zoning district is Residential Multi-Family(RMF)which allows for
up to 24 units to per net acre.
3. The project's net density is 3.9 acres.
4. The adopted amendments to the master plan of development afford 19 units per gross
acre, consistent with RMF-20 zoning regulations.
SECTION 2. Approval. The Atascadero City Council, in a regular session assembled
on May 21, 2013, resolved to eliminate two (2) deed restricted very low income units that have
City of Atascadero
Resolution No. 2013-629
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been constructed in Unit 104 and 207 of the Southside Villas project consistent with the
following:
EXHIBIT A: Location Map of Deed Restricted Units
EXHIBIT B: Unit 207 Deed Restriction
EXHIBIT C: Unit 104 Deed Restriction
SECTION 3: Direction to staff. The Atascadero City Council hereby directs the City
Manager to execute the necessary documents to release the affordable housing deed restrictions
from Units 104 and 207.
On motion by Council Member Fonzi and seconded by Council Member Kelley,the foregoing
Resolution is hereby adopted in its entirety on the following.roll call vote:
AYES: Council Members Fonzi, Kelley, Sturtevant and Mayor O'Malley
NOES: None
ABSENT: Council Member Moreno
ADOPTED: May 28,2013
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ATTEST:
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Marcia McClure Torgerson, C.M.C., Cit Jerk
APPROV AS TO FORM:
Brian A. Pierik, City Attorney
City of Atascadero
Resolution No. 2013-029
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Exhibit A: Location of Deed Restricted Units
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very Low Income
Unit 104
Very Low Income
Unit 207
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Note: Unit 211 has been
replaced with Unit 104 per
DOC # 201.3-017348 ,
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City of Atascadero
Resolution No. 2013-029
Page 5 of 5
EXHIBITS "B"AND "C"ON FILE IN THE OFFICE OF THE CITY CLERK
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