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HomeMy WebLinkAboutResolution 13-79 0 ' RESOLUTION NO. 13-79 RESOLUTION RELATIVE TO THE GRANTING OF A CONDITIONAL USE PERMIT (WALTON) T H C I T Y C 0 U N C I L City of :Atascadero, California WHEREAS, the County Planning Commission of the County of San Luis Obispo, State of California, did, on the 28th day of June, 1979, consider the application of Robert W. Walton (U781204:1) for a Conditional Use Permit to allow an 8-unit apartment project in a R-2-B-2-D zone, located on the east side of Capistrano Avenue, north of Highway 41, Atascadero, being a portion of Parcel 4 of Parcel Map CO 74-185; a portion of Life Residence Park, Atascadero Colony, Assessor's Parcel Map No. 29-105-09, County of San Luis Obispo, State of California. WHEREAS, the Planning Commission, after considering the facts relating to said application, did find that the establish- ment, maintenance, and/or conducting of the use for which the Conditional Use Permit is sought will not under the circumstances and conditions applied in this particular case, be detrimental to the health, safety, or welfare of persons residing or working ' in the neighborhood of such use and will not, under the circum- stances and conditions applied in this particular case, be detrimental to the public welfare, injurious to property or improvements in said neighborhood, nor shall be inconsistent with the character of the neighborhood or contrary to its orderly development nor shall conditions created by the use be inordinate to the normal traffic volume, and therefore did recommend that this Council grant said Use Permit subject to the conditions as hereinafter set forth. ' WHEREAS, the Planning Commission has, in recommending this Conditional Use Permit, determined that a maximum ;of seven units be allowed based on Findings A through F of the Staff Report as listed on page 8 dated June 28, 1979 , and with Conditions l through 14 as listed in the Staff Report on page 5 with changes in Conditions 1, 2, 3, and 8 as listed on page 9 of the Staff Report; said report is attached hereto as Exhibit A. NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Atascadero in a regular meeting assembled on the 27th day of August, 1979, does hereby grant the aforesaid Use Permit, incorporating the findings of the Planning Commission and subject to the conditions in Alternate III in the Staff Report dated June 28, 1979 attached hereto as Exhibit A. Resolution No. 13-79 Page Two If the use authorized by any Conditional Use Permit or modification has not been established or if substantial work on the property towards the establishment of the use is not in progress after a period of twelve (12) months from the date of such authorization or such other time period as may be designated in the Conditional Use Permit or the conditions have not been met, said Conditional Use Permit or modifications shall become null and void and of no effect. The Planning Commission may extend the Conditional Use Permit for additional periods of six (6) months if for reasons beyond the control ' of the applicant the use had not been established. A written request to extend the date and sufficient evidence showing the applicant's inability to comply must be filed with the ' Planning Department ten (10) days prior to the expiration date of the Conditional Use Permit. If the use authorized by any Conditional Use Permit or modification, once established, is or has been unused, abandoned, discontinued, or has ceased for a period of six months (6) or conditions have not been complied with, said Conditional Use ' Permit or modification shall become null and void and have no effect. ' On motion by Councilman Stover and seconded by Mayor Wilkins the foregoing resolution was adopted in its entirety on the following roll call vote ' AYES: Councilman Stover and Mayor Wilkins NOES: Councilman Mackey ABSENT: Councilmen Highland and Nelson ADOPTED: August 27, 1979 f ROBERT J. WILK N$, JR. , Mayor ATTEST: MU MY L. ARDEN, City Clerk PLANNING DEPARTMENT STAFF REPORT TO: PLANNING COMMISSION DATE: JUNE 28, 1979 ' FROM: WARREN HOAG, DEVELOPMENT REVIEW SECTION SUBJECT: U781204: 1 ROBERT WALTON -- BOARD REFERRAL OF CONDITIONAL ' USE PERMIT TO ALLOW AN 8 UNIT APARTMENT PROJECT IN THE R-2-B-2-D ZONE, ATASCADERO PROJECT STATUS ' The Planning Commissionpreviously considered this Conditional Use Permit on May 10, 1979, and acted to approve the .project with conditions limiting the maximum number of units to four. The decision to reduce: the number_ of units approved was based on the interpretation that the Low Density Multiple' Family Residential designation of the site by the adopted 1978 Atascadero General Plan permits no more than four units on any oneap rcel regardless of lot size. When considering the request on May 29, 1979, the Board of Supervisors informally, favored. a General Plan interpretation that no more than four y units are. allowed in any one structure in the -Low Density Multiple Family Residential designation, with no actual limit on the total number of units, on a single parcel to four. Con- sequently, the Board of Supervisors referred the .Conditional Use Permit back to :the. Planning Commission to review alter- native interpretations of. the General Plan and make' a`'recommenda- ton on exactly what theallowable density in accordance with the General'-Pian would be for the,- subject project. - GENERAL PLAN CONSIDERATIONS The text .of 197.8 Atascadero General Plan contains three passages which discuss allowable densities for the- Multiple Family Residential..designations: A-"' The follQWng passage: on page 45 in the general discussion section specifically refers to the Low Density Multiple Family Res;identiaL.,designation: "Should be permitted in areas not adjacent to arterials and may. be permitted adjacent to Single Family Residential. - Ma.y include duplexes, triplexes;, and four-plexes; but not apartments. of 5 or,>more; dwelling units. " This assa a is subject to inte retation as to whether p g a � a) no more than four units are permitted on any one parcel rcel regardless of lot size or, b) no more than four units are permitted in any one structure with no actual 004065' k Lam' U781204: 1 ROBERTWTON Page 2 1 OJA,; fit limit on the total number ofunitson a single parcel to four. If the first interpretation is applied to the subject project , no more than four units would be allowed. If the second interpretation is applied, then the allowable overall density for the project would be determined by one of the two tables discussed below. B. Also in the general discussion. section (as added to page 44 by the addendum incorporated into the General Plan at the time of adoption) , the following passage and table specifies a range of allowable }nits per acrebasedon the number of bedrooms per unite "The use density shall be based upon the criterion of approximately 36 individual residents per acre. The following maxima shall apply 18 one-bedroom apartments per acre 12 two-bedroom apartments per acre 9 three-bedrooms per acre 7 four-bedroom apartments per acre. or Any combination of the above when, multiplied by standard occupancy factors, does not exceed 36 residents per acre." It should be noted that the text does not indicate whether this table applies to only one or both of the two Multiple Family Residential designations, Low Density and High Density. This table would provide for a maximum of 6 two-bedroom units if applied to thesubjectproject. C. On page 45, the following is listed as a "Residential Policy Proposal": "6. Multi-Family Residential Use Areas should have a minimum building site of one-half acre with the number of allowable units corresponding to the following table: No. of Bedrooms Required Land Area Per Unit 1 2;400 2 3,600 3 4,800 4 5,90011 Once again, the text does not make the distinction as to whether this table applies to only the Low Density Multiple Family Residential designation, or only the High. Density Multiple Family Residential designation, ' or both. If applied to the subject project , this table would allow a maximum of 7 two-bedroom units. U781204: 1 ROBERT&LTON Page 3 STAFF COMMENTS If the General Plan is interpreted to limit projects in the Low Density Multiple Family Residential only in terms of a maximum of four units per structure rather than per parcel, then the overall total of units for such projects would be determined by one of the two tables contained in the present General Plan text which are listed above as "B" and "C" . As the two tables are contradictory in terms of the ratio of ' land area required per number of bedrooms in a unit, an interpretation is needed as to which table should apply.- Because Table "C'' is listed as a "Residential Policy Proposal" in the General Plan text while Table "B" is mentioned only in the general discussion section, it appears that the requirements specified in Table "C" should be the controlling criteria at the present time for determining allowable densityin the Multiple Faniil Residential designations, whether Low Density or High Density. If the Planning Commission wishes to maintain its previous interpretation that only four units-per parcel regardless of lot size are allowed in the Low Density Multiple` Family Residential designation, then the previous decision to approve the subject project with a maximum of only four units should be upheld. However, if the Planning Commission instead changes its interpretation to specify that the four unit limit in the General Plan applies only to the number of units per 'structure, `then the new interpretation must be based on other criteria presently contained in the General 1 Plan. In that event, either Tables "B or "C" should be identified as the applicable criteria for determining allowable density in both the Low Density and High Density Multiple Family Residential designations' at thepresenttime, and new findings and conditions reflecting the particular configuration of the subject project dictated by the chosen table should then be adopted. It should be noted that on June 7, 1979, the' Atascadero Advisory Committee consideredthe issue of the lack of lack of differentiation between the densities allowed in the Low ' Density and High Density Multiple Family Residential designations (see attached Tetter) The Committeedeveloped a new density table for the Low Density Multiple Family Residential designation which represents approximately 60% of the density allowed by the table for the High Density designation (this table would allow .only four units if applied to the subject project) . While the Committee recommends that the Planning Commission use this new table " . . .as a guide until the change can be processed as an amendment to the Plan", the table cannot be used as a basis for a formal decision through the General Plan interpretation process. Because the new language is a total departure from.the- content of the present General Plan text,, a formal General Plan amendment to include the recommended table is needed before it can be used as official policy. U781204:1 - ROBERT OLTON • f - Page 4 One last consideration is the matter of the recent incorporation of Atascadero. Although it appears that the new City Council will be the body taking final action on this project, the County Planning Commission may still act on this matter as requested by the Board of Supervisors. Any action taken will likely constitute an informal recommendation to the City Council instead, however. It should also be kept in mind, that this Staff report and the recommendations it contains were prepared in light of County policies and procedures. RECOMMENDATION There are three alternatives available to the Planning Commission for acting on this matter: I. Uphold the previous interpretation that no more than four units per parcel are allowed in the Atascadero General Plan' s Low Density Multiple Family Residential designation and reaffirm the action taken on May 10, 1979, to deny the requested 8-unit project and instead approve the Conditional Use Permit with a maximum of four units based on the following: Findings : A.. The adopted 1978 Atascadero General Plan is interpreted to require that a maximum of 4 units are .allowed on a single parcel regardless of parcel size in areas t designated by said Plan as "Low Density Multiple- Family Residential" j B. The Board of Supervisors has issued a Negative Declaration for the project ' s Environmental. Impact Determination with the condition that the proposed project conform with the Atascadero General Plan. C. The 8-unit project is contrary to the orderly development of the neighborhood and the community as a whole because it would exceed the maximum density specified by the Low Density Multiple-Family Residential designation of the adopted 1978 Atascadero General Plan. ' D. Limiting the project to a maximum of four units will enable it to be found consistent with the Low Density Multiple-Family Residential designation of the adopted Atascadero General Plan. E. Limiting the project to a maximum of four units would enable it to be found consistent with the mandatory findings set forth in Section 22. 92. 080(1) of the County Zoning Ordinance. F. Limiting the project to a maximum of four units would enable on-site amenities to be increased and proper placement of required parking 1 U781204: 1 -- ROBERTOLTON • Page 5 � - i Conditions: 1'. Submit a revised site plan for Planning Department review and approval prior to application for a building permit, said plan to indicate the following: A. A maximum of four (4) apartment units accompanied by a minimum of six (6) off-street parking spaces. Said spaces to be located behind the required 25 foot front yard setback. 2. Building architecture to be consistent with approved elevations. 3. Any roof-mounted 'mechancal equipment shall be architecturally screened from view. If such units are proposed, submit revised architectural elevations indicating method of screening for .Planning Department review and approval prior to issuance of a building permit. 4. Submit generalized landscaping and irrigation plans in accordance with Planning Department landscaping plan review policy for planning staff review and approval prior to issuance of a building permit. All proposed plant materialsshallbe sized to achieve a mature appearance within three years of installation. 5. Landscaping in accordance with the approved landscaping plan shall be installed or bonded for prior to final building inspection. If bonded for, landscaping shall be installed within 60 days of final building inspection, and thereafter maintained in a viable 1 condition on a continuing basis. 6. All on-site utilities and utility connections to any proposed buildings shall be underground, 7. Submit two sets of site grading and drainage plans for review and approval by the County Engineering Department- prior to issuance of a building or grading permit. If so required by the County Engineering Department, said plans to be prepared by a Registered Civil Engineer and shall include I provisions for on—site retention of storm water run-off. 8. Provide a minimum of six (6) off-street parking spaces. Vehicle parking and access areas shall be paved with a 'minimum of two inches of A.C. over rock base; individual parking spaces shall be paint-striped or otherwise indicated, and provided with concrete wheel stops or approved functional equivalent. Paved areas shall be permanently maintained. U781204: 1 - ROBERT#LTON . Page 6_ 1 9. The project shall be connected to the community water and sewer systems. ' 10. Site and building plans shall be reviewed by the followingagencies. Provide the Planning Department with letters or other documentation verifying review and any requirements from these agencies prior to issuance of a building permit or establishment of the use: A. Atascadero Fire Department. -11. All trash disposal areas shall ,be screened from view with a solid 'wall or solid fencing. Submit drawings of screening structures prior to issuance of a building permit and install said approved screening prior to final building inspection. 12. The applicant shall comply with the State Subdivision Map Act in the event of any future split or division of the subject property. 13. Provide the County Engineer with an offer of ' dedication of 5 feet along the entire Capistrano Avenue frontage of the site. Said offer to be recorded prior to final building inspection. 14. ` Install concrete curb, gutter and sidewalk along the entire Capistrano Avenue frontage of the site under an inspection agreement and encroachment permit issued by the County Engineering Department. Said improvements to be installed or bonded for prior to final building inspection. II . Change the previous General Plan interpretation to specify that the four unit limit for the Low Density Multiple Family Residential designation applies only to the number of unitsperstructure and that allowable density is to be based on the table on Page 44 of the General Plan text (Table "B") . Thisalternativewould require denial of the requested-8-unit project and approval of the Conditional Use Permit with a maximum of 'six units based on the following Findings: A. The adopted 1978 Atascadero General Plan is interpreted to require that a maximum of 4 units are allowed per structure and overall allowable density is to be determined by the table on page 44 of the General ' Plan text in areas designated by said Plan as "Low Density Multiple-Family Residential" . U781204: 1 - ROBERTOALTON Page ? B. The Board of Supervisors has issued a Negative Declaration for the project' s Environmental Impact Determination with the condition that the proposed ' project conform with the Atascadero General Plan. C. The 8-unit project is ,contrary to the orderly development ' of the neighborhood and the community as a whole because it would exceed the maximum density specified by the Low density Multiple-Family Residential designation of the adopted 1978 Atascadero General Plan. ' D. Limiting the project to a maximum of six units will enableit to be found consistent with the Low Density Multiple-Family Residential designation of the adopted Atascadero General Plan. E. Limiting the project to a maximum of six units ' would enable it to be found consistent with the mandatory findings set forth in Section 22. 92. 080(1) of the County Zoning Ordinance. F. Limiting the project to a maximum of six units would enable on-site amenities to be increased and proper placement of required parking. Conditions: The same conditions specified for Alternative I apply with the following exceptions: 1. Submit a revised site plan for Planning Department review and approval prior to application for a building permit, said plan to indicate the following: A. A maximum of six two-bedroom apartment units and. a minimum of nine off-street parking spaces with all- paces located behind the ' required 25 foot front yard setback. 2. Submit architectural elevations of all proposed structures for Planning Department review and approval prior to application for a building permit, said elevations to detail exterior finiah materials and colors on all sides of proposed buildings 3. Submit detailed landscaping and irrigation plans in accordance with the Planning Department landscaping ' plan review policy for planning staff review and approval prior to issuance of' a building permit. All proposed plant materials shall be sized to achieve a mature appearance within three 'years of installation. U781204: 1 ROBERT LTON Page 8a? 8. Provide a minimum of 9 off-streetarkin spaces. P g P Vehicle parking and access areas shall be paved with a minimumoftwo inches of A.C. over rock base; individual parking spaces shall be paint- striped or otherwise indicated, and provided with concrete wheel stops or approved functional equivalent . Paved areas shall be permanently maintained. ' III. Change the previous General Plan interpretation to specify that the four unit limit for the Low Density Multiple Family Residential designation applies only to the number of units per structure and that allowable density is to be based on the table listed as "Residential Policy Proposal No. 6 on page 45 of the General Plan text (Table "C") This alternative would require denial of the requested 8-unit project and approval of the Conditional Use Permit with a maximum of seven units based on the following: Findings : A. The adopted 1978 Atascadero General Plan is interpreted to require that a maximum of 4 units are allowed per structure and overall allowable density is to be determined by the table listed as "Residential Policy Proposal" No. 6 on page 45 of the General Plan text in areas designated by said Plan as "Low Density Multiple-Family Residential" . i B. The Board of Supervisors has issued a Negative Declaration for the project' s Environmental Impact Determination with the condition that the proposed projectconform with the Atascadero General Plan. C. The 8-unit project is contrary to the orderly ' development of the neighborhoodandthe community as a whole because it would exceed the maximum density specified by the Low Density Multiple-Family Residential designation of' the adopted 1978 Atascadero General Plan. . D. Limiting the project to a-maximum of seven units will enable it to be found consistent with the Low Density Multiple-Family Residential designation of the adopted Atascadero General Plan. E_. Limiting the project to a maximum of seven units would enable it to be found consistent with the mandatory, findings set forth in Section 22. 92. 080(1) of the County Zoning Ordinance. F. Limiting the project to a maximum of seven units would enable on-site amenities to be increased and proper placement of required- parking. U781204: 1 - ROBERT qALTON i- Page 9 Conditions: The same conditions specified for Alternative I apply ' with the following exceptions: 1. Submit a revised site plan for Planning Department review and approval prior to application for a building permit, said plan to indicate the following: A. A maximum. of seven two-bedroom- apartment units and a minimum of 11 off-street parking spaces with all spaces located behind the required 25 foot front yard setback. 2 Submit architectural elevations of all proposed, structures for Planning Department review and approval prior to application for- a building permit, said elevations to detail exterior finish materials and colors on all sides of proposed buildings. 3. Submit detailed landscaping and irrigation plans in accordance with the Planning Department landscaping plan review policy for planning staff review and approval. prior to issuance of a building permit All proposed plant materials shall be sized to achieve a mature appearance within three years of installation. 8. Provide a minimum of 11 off-street parking spaces. Vehicle parking and access areas shallbe paved with a minimum of two inches of A.C. over rock base; individual parking spaces shall be` paint- striped or otherwise indicated, and provided with concrete wheel stops or approved functional equivalent Paved areas shall be permanently maintained. *15. If the Planning Commission elects to not reaffirm its previous action on this Conditional Use Permit as represented by Alternative I, it is the Staff recommendation that Alternative III be adopted instead of Alternative II because the former is supported by a table listed in the General Plan text as a "Residential Policy Proposal" while the latter is supported by a table mentioned only in the general discussion section of the text. *15. The road to the old stadium area shall be preserved.