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HomeMy WebLinkAboutPC_2014-06-17_AgendaPacket WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website CITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Tuesday, June 17, 2014 – 7:00 P.M. Historic City Hall Council Chambers 6500 Palma Avenue, 4th Floor (Enter on Lewis Ave./Jr. High School Side) Atascadero, California 93422 CALL TO ORDER Pledge of Allegiance Roll Call: Chairperson Dennis Schmidt Vice Chairperson Mark Dariz Commissioner David Bentz Commissioner Duane Anderson Commissioner Len Colamarino Commissioner Christian Cooper Commissioner Jan Wolff APPROVAL OF AGENDA PUBLIC COMMENT (This portion of the meeting is reserved for persons wishing to address the Commission on any matter not on this agenda and over which the Commission has jurisdiction. Speakers are limited to three minutes. Please state your name for the record before making your presentation. The Commission may take action to direct the staff to place a matter of business on a future agenda.) PLANNING COMMISSION BUSINESS City of Atascadero Planning Commission Agenda Regular Meeting, June 17, 2014 Page 2 of 4 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website CONSENT CALENDAR (All items on the consent calendar are considered to be routine and non -controversial by City Staff and will be approved by one motion if no member of the Commission or public wishes to comment or ask questions.) 1. APPROVAL OF ACTION MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON MAY 20, 2014. COMMUNITY DEVELOPMENT STAFF REPORTS None PUBLIC HEARING DISCLOSURE OF EX PARTE COMMUNICATIONS: Prior to a project hearing Planning Commission Members must disclose any communications they have had on any quasi-judicial agenda items. This includes, but is not limited to, Tentative Subdivision Maps, Parcel Maps, Variances, Conditional Use Permits, and Planned Development Permits. This does not disqualify the Planning Commission Member from participating and voting on the matter, but gives the public and applicant an opportunity to comment on the ex parte communication. (For each of the following items, the public will be given an opportunity to speak. After a staff report, the Chair will open the public hearing and invite the applicant or applicant’s representative to make any comments. Members of the public will be invited t o provide testimony to the Commission following the applicant. Speakers should state their name for the record and can address the Commission for three minutes. After all public comments have been received, the public hearing will be closed, and the Commission will discuss the item and take appropriate action(s).) 2. PLN 2014-1492 – Conditional Use Permit for ECHO Shelter Open Meal Program El Camino Homeless Organization, 6370 Atascadero Mall Property Owner / Applicant: El Camino Homeless Organization (ECHO), 6370 Atascadero Mall, Atascadero CA 93422 Project Title: PLN 2014-1492 – Conditional Use Permit for ECHO Shelter Open Meal Program Project Location: 6370 Atascadero Mall, Atascadero, CA 93422 San Luis Obispo County (APN 030-341-013) Project Description: The Planning Commission will be considering a Conditional Use Permit for an Open Meal Program as an added service to the operation of the ECHO Emergency Shelter. The Open Meal program Conditional Use Permit will cover the following items:  Hours of operation  Loitering  Minimum staffing and monitoring requirements  Maximum meal participants  Participant screening and logs  Neighborhood dispute resolution process General Plan Designation: High-Density Residential Zoning: Multi-Family Residential-20 Proposed Environmental California Environmental Quality Act Categorical Exemption Class 23 pertaining to the “normal operation of facilities for public gatherings.” City of Atascadero Planning Commission Agenda Regular Meeting, June 17, 2014 Page 3 of 4 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website COMMISSIONER COMMENTS AND REPORTS DIRECTOR’S REPORT ADJOURNEMENT The Planning Commission meeting scheduled for July 1 is cancelled. The next regular meeting will be on July 15, 2014 at City Hall Council Chambers, 6500 Palma Avenue, Atascadero. Please note: Should anyone challenge in court any proposed development entitlement listed on this Agenda, that person may be limited to raising those issues addressed at the public hearing described in this notice or in written correspondence delivered to the Planning Commission at, or prior to this public hearing. Determination: Staff Recommendation: Staff is recommending approval of the Conditional Use Permit for ECHO Shelter Open Meal Program. City of Atascadero Planning Commission Agenda Regular Meeting, June 17, 2014 Page 4 of 4 WEBSITE: www.atascadero.org http://www.facebook.com/planningatascadero @atownplanning Scan This QR Code with your smartphone to view Planning Commission Website City of Atascadero WELCOME TO THE ATASCADERO PLANNING COMMISSION MEETING The Planning Commission meets in regular session on the first and third Tuesday of each month at 7:00 p.m. at City Hall, Council Chambers, 6500 Palma Avenue, Atascadero. Matters are considered by the Commission in the order of the printed Agenda. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the Community Development Department and are available for public inspection during City Hall business hours at the Front Counter of City Hall, 6500 Palma Avenue, Atascadero, and on our website, www.atascadero.org. All documents submitted by the public during Commission meetings that are either read into the record or referred to in their statement will be noted in the minu tes and available for review in the Community Development Department. Commission meetings are audio recorded, and may be reviewed by the public. Copies of meeting recordings are available for a fee. Contact the City Clerk for more information (470-3400). In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager’s Office or the City Clerk’s Office, both at (805) 470-3400. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, “PUBLIC COMMENT”, the Chairperson will call for anyone from the audience having business with the Commission to approach the lectern and be recognized. 1. Give your name for the record (not required) 2. State the nature of your business. 3. All comments are limited to 3 minutes. 4. All comments should be made to the Chairperson and Commission. 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present. This is when items not on the Agenda may be brought to the Commission’s attention. A maximum of 30 minutes will be allowed for Public Comment Portion (unless changed by the Commission). TO SPEAK ON AGENDA ITEMS (from Title 2, Chapter 1 of the Atascadero Municipal Code) Members of the audience may speak on any item on the agenda. The Chairperson will identify the subject, staff will give their report, and the Commission will ask questions of staff. The Chairperson will announce when the public comment period is open and will request anyone interested to address the Co mmission regarding the matter being considered to step up to the lectern. If you wish to speak for, against or comment in any way: 1. You must approach the lectern and be recognized by the Chairperson. 2. Give your name (not required). 3. Make your statement. 4. All comments should be made to the Chairperson and Commission. 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present. 6. All comments limited to 3 minutes. If you wish to use a computer presentation to support your comments, you must notify the C ommunity Development Department at 470-3402 at least 24 hours prior to the meeting. Digital presentations brought to the meeting on a USB drive or CD. You are required to submit to the Recording Secretary a printed copy of your presentation for the record. Please check in with the Recording Secretary before the meeting begins to announce your presence and turn in the printed copy. The Chairperson will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Commission. PC Draft Action Minutes of 5/20/14 Page 1 of 5 CITY OF ATASCADERO PLANNING COMMISSION DRAFT ACTION MINUTES Regular Meeting – Tuesday, May 20, 2014 – 7:00 P.M. City Hall Council Chambers 6500 Palma Avenue, Atascadero, California CALL TO ORDER - 7:00 p.m. Chairperson Schmidt called the meeting to order at 7:01 p.m. and Commissioner Cooper led the Pledge of Allegiance. ROLL CALL Present: Commissioners Anderson Bentz, Colamarino Cooper, Wolff, Vice Chairperson Dariz, and Chairperson Schmidt Absent: None Others Present: Recording Secretary Annette Manier Menka Sethi, Lisa Wise Consulting Kathryn Slama, Lisa Wise Consulting Staff Present: Assistant Planner Alfredo Castillo Community Development Director Warren Frace APPROVAL OF AGENDA MOTION: By Commissioner Bentz and seconded by Commissioner Anderson to approve the agenda. Motion passed 7:0 by a roll-call vote. PUBLIC COMMENT None PLANNING COMMISSION BUSINESS None ITEM NUMBER: ITEM NUMBER: 1 DATE: 6-17-14 PC Draft Action Minutes of 5/20/14 Page 2 of 5 CONSENT CALENDAR 1. APPROVAL OF ACTION MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON MAY 6, 2014. MOTION: By Commissioner Bentz and seconded by Vice Chairperson Dariz to approve the consent calendar. Motion passed 5:0 by a roll-call vote. (Anderson, Colamarino abstained) COMMUNITY DEVELOPMENT STAFF REPORTS 2. PLN 2014-1493, HOUSING ELEMENT UPDATE STUDY SESSION Applicant: City of Atascadero Project Title: PLN 2014-1493 – 2014-2019 Housing Element Update Project Location: City Wide Project Description: The Housing Element is an important part of the City’s General Plan. It is a policy guide that describes housing-related needs and resources in the community. The Housing Element establishes a strategy to address housing needs for current and future residents in a wide socio-economic range. The City has started the process of updating its Housing Element. This will be a Planning Commission Study Session to learn more about the update process, help identify specific needs and opportunities, and share insights and ideas on how the City can improve housing opportunities in the future. Staff is seeking direction on some of the following policy issues:  Review of the City’s Inclusionary Housing Policy and possible modifications;  Establishment of a program to work with non-profit group(s) to facilitate establishment of a transitional housing;  Encourage the ability to construct ‘micro homes’ consistent with the California Building Code (CBC)  Adjustment of development impact fees for 2nd units. One potential program could be to index 2nd unit fees based on the size of the unit. Large units, with a maximum of 1,200 sf would pay higher fees compared to a smaller 600 sf 2nd unit.  Any other issues the Planning Commission thinks should be addressed in the Housing Element update. Recommendation Staff is seeking Planning Commission direction on policy and issues to be included in the Draft 2014-2019 Housing Element. PC Draft Action Minutes of 5/20/14 Page 3 of 5 Assistant Planner Castillo and staff from Lisa Wise Consulting gave the staff report. Director Frace, Assistant Planner Castillo, and staff from Lisa Wise Consulting answered questions from the Commission. Each item needing policy direction was discussed individually as follows and then recommendations were made on each item. 1. Review of the City’s Inclusionary Housing Policy and possible modifications: PUBLIC COMMENT None Commissioner Recommendations: Colamarino – As we discuss a legal audit done by the City Attorney, we should make sure the Inclusionary Housing Policy is in conformity with the existing law and outstanding precedents from court decisions, while making careful consideration on what is financially viable to developers. Schmidt – One the benefits of Inclusionary Housing are the mixture of families and different incomes, we need to think about that as we move forward. 2. Establishment of a program to work with non-profit group(s) to facilitate establishment of transitional housing: PUBLIC COMMENT The following person spoke during public comment: Susan Warren, North County Connections. Chairperson Schmidt closed the Public Comment period. Commission Recommendations: Colamarino – Having the City work with non-profit groups is a good thing; it’s positive and should be encouraged to develop further. We may need to identify the criteria needed to identify what programs would be eligible for participation with the City. Bentz – Explore looking into homes for severely disabled (such as CALL) and see if we should be getting credit for this. Schmidt – As money comes from other sources, having an established program might make it easier for the City. The City could then show these groups that this is how that program works. A program that might be helpful is the idea of clinics. PC Draft Action Minutes of 5/20/14 Page 4 of 5 3. Encourage the ability to construct ‘micro homes’ consistent with the California Building Code (CBC) PUBLIC COMMENT The following person spoke during public comment portion: Susan Warren, North County Connections. Chairperson Schmidt closed the Public Comment period. Commission Recommendations: Schmidt – If it’s going to be classified as a 2nd unit, we need to determine if impact fees will apply, and find out how these homes fit into our Zoning Code. We also need to look at density and septic system requirements. Fire Department and emergency services will need to weigh in. See if there is a way to allow for Park Models to exist in our Zoning Code. Dariz – We also need to review Planned Development projects with 2nd unit restrictions and decide if these restrictions are going to be lifted so these can be considered for 2nd units. 4. Adjustment of development impact fees for 2nd units. PUBLIC COMMENT None Commission Recommendations: Colamarino-Each unit should have a sliding scale based upon the size of the unit. Anderson – Anything that enables us to create smaller units for people to live in would be good. Schmidt – Look at the AB1600 Study and how it addresses fees; encourage reduction in fees; reclassifying different types of construction. Bentz – wants a significant reduction in development impact fees. Our fee structure needs to be updated in order to make housing more affordable. 5. Any other issues the Planning Commission thinks should be addressed in the Housing Element Update. Commissioner Recommendations: None PC Draft Action Minutes of 5/20/14 Page 5 of 5 PUBLIC COMMENT None Commission Recommendations: Schmidt – Be proactive in looking at the needs for senior housing, independent care, and assisted care facilities. Assistant Planner Castillo explained that staff and the Consultant will take Commissioner’s comments and direction on the Policy Items and release a public review draft and comments to HCD. Public hearings will take place first at the Planning Commission level, and then a recommendation will go to City Council for final approval. PUBLIC HEARINGS None COMMISSIONER COMMENTS AND REPORTS DIRECTORS REPORT  Director Frace gave an update on Cost Recovery Fee changes, Wal-Mart hearing, upcoming General Plan Updates, Echo Management Plan/Operations Agreement, Ice Skating Rink, Korean BBQ, and Design Review Committee items. ADJOURNMENT – 8:52 p.m. The next regular meeting of the Planning Commission is scheduled for June 3, 2014, at 7:00 p.m. at City Hall, Council Chambers, 6500 Palma Avenue, Atascadero. MINUTES PREPARD BY: _____________________________ Annette Manier, Recording Secretary \\cityhall\cdvlpmnt\~ planning commission\pc minutes\pc minutes 2014\pc actn minutes 5 20 14.am.docx ITEM NUMBER: ITEM NUMBER: 2 DATE: 6-17-14 Atascadero Planning Commission Staff Report – Community Development Department Alfredo R. Castillo, AICP, Assistant Planner, 470-3436, acastillo@atascadero.org PLN 2014-1492 Conditional Use Permit 2014-0279 ECHO Meal Program (ECHO) SUBJECT: The City Council in September of 2013 approved an Emergency Shelter Overlay zone (ES) at 6370 Atascadero Mall (APN 030-341-013). The Emergency Shelter ordinance includes provisions that require an operator to obtain a Conditional Use Permit (CUP) for any additional services not associated with the operations of an overnight shelter. The El Camino Homeless Organization (ECHO) currently operates a meal program that is separate from its overnight shelter operation. ECHO is seeking a CUP approval to continue to operate this meal program for consistency with the Atascadero Municipal Code. RECOMMENDATION: Staff Recommends: Planning Commission adopt Resolution PC 2014-0011 approving an open meal program in addition to the operation of an Emergency Shelter at 6370 Atascadero Mall (APN 030-341-013) consistent with Atascadero Municipal Code section 9-3.504 (h) and subject to conditions of approval. Situation and Facts: 1. Property Owner/Applicant: El Camino Homeless Organization PO Box 2077, Atascadero, CA 93423 2. Project Location: 6370 Atascadero Mall, Atascadero, CA 93422 (APN 030-341-013) 3. General Plan Designation: High Density Residential (HDR) 4. Zoning District: Residential Multi-Family (RMF-20) / Emergency Shelter Overlay (ES) ITEM NUMBER: ITEM NUMBER: 2 DATE: 6-17-14 Surrounding Land Use and Setting: North: Residential Multi-Family (RMF-20) South: Right-of-Way / Public (P) East: Residential Multi-Family (RMF-20) West: Residential Multi-Family (RMF-20)) DISCUSSION: Background: In September 2013, the City Council adopted an Emergency Shelter (SB -2) ordinance for consistency with State Law and the City’s adopted Housing Element. As a part of that approval, the City Council also designated a site specific location, (APN 030 -341- 013) as the location for an overnight emergency shelter. This site was home to a temporary shelter run by the El Camino Homeless Organization (ECHO). With the adoption of the SB-2 overlay, the ECHO site became a permanent homeless shelter within the City. Atascadero High School ITEM NUMBER: ITEM NUMBER: 2 DATE: 6-17-14 One of the primary discussion prior the City Council’s Emergency Shelter Ordinance approval was the inclusion of ECHO’s Open Meal Program as either a “by-right” use that was to be included in the ordinance, or as a conditional use permit (CUP) to be decided by the Planning Commission. The meal program is an existing, on-going program where ECHO serves a meal to not only the she lter clients, but the general public. The meal program was viewed as an additional service that ECHO provided and not a requirement for the operation of an Emergency Shelter. The meal program is a concern of neighboring residents citing issues such as loitering, noise, trash, and other complaints from program participants that must leave the site after the conclusion of the meal at 6 pm. Because the meal program is not a State requirement for an emergency shelter, input from Atascadero PD and the numerous concerns from neighbors, the City Council left the meal program off the emergency shelter ordinance and required the meal program be approved as a separate CUP. ECHO has worked with City Staff to craft an operations agreement consistent with Atascadero Municipal Code section 9-3.504(e) to address issues caused by the operation of the emergency shelter. The operations agreement included sections dealing with rules for clients, safety, security, and included a dispute resolution process. This operations agreement was adopted by the City Council in May 2014 at a public hearing. With the emergency shelter ordinance in place and the approved operations agreement, ECHO’s application for a Conditional Use Permit to continue the meal program is being brought to the Planning Commission for approval. Conditions have been included to address some of the issues brought by neighbors at both the September 2013 and May 2014 City Council meetings. Analysis: The applicant, ECHO, is requesting approval of its open meal program through a Conditional Use Permit. The CUP would govern the meal program’s operation by establishing rules and regulations that ECHO would need to abide by in order to operate the meal program, as it is considered an additional service. If the meal program is approved by the Planning Commission, the CUP would include conditions on operating the meal program to be followed by ECHO or any future operator that takes over the Emergency Shelter. The conditions in the CUP are the enforcement tools for City Staff to ensure that the meal program operates in a manner that is conducive to the neighborhood Planning Staff and the Atascadero Police Department has met with executive staff from the ECHO Board of Directors numerous times since adoption of the Emergency Shelter Ordinance. Through these meetings, Staff and ECHO has crafted conditions of approval for the Meal Program, taking into account comments received by neighbors and comments from the Police Department. ITEM NUMBER: ITEM NUMBER: 2 DATE: 6-17-14 Site Improvements ECHO has included a number of site improvements based on neighbor comments and comments from City Staff. These improvements include:  Construction of a masonry wall that is 8-foot in height along the rear portion of the property boundary;  Landscaping along the rear boundary;  Relocation of the client assembly area from the front of the property to the rear portion;  Covered patio for the assembly area to delineate this area from the rest of the property. These improvements have been completed as a part of existing building permits that have been approved and issued by the City (BLD 2013 -11294). Based on comments received from the May 2013 City Council meeting, Staff has included conditions to keep ECHO’s operation free of trash and debris (condition 6). In addition, ECHO must maintain landscaping in good condition and provide planti ngs that will provide a buffer between neighbors and the operation (condition 5). Approved Site Plan – Operations Agreement ITEM NUMBER: ITEM NUMBER: 2 DATE: 6-17-14 Operating Standards for the Meal Program ECHO proposes a maximum of eighty (80) meal program participants to be served daily. This would include shelter clients (maximum of 50 clients) and non-client participants (condition 8). Participants of the meal program shall be screened consistent with the screening procedures listed in the Operations Agreement (condition 8). A “no serve” list must be maintained by ECHO in cooperation with the Atascadero Police Department (condition 12). Failure by a participant of any of the pre-admission screenings shall be a cause for denial of meal service as determined by ECHO staff (condition 11). The meal program is proposed to begin operation at 5 pm and end at 6pm daily. Non- resident participants would need to leave the premise no later than 6:15 pm (condition 13). ECHO will need to keep a log of meal program participants. ECHO must make availa ble a log of open meal program participants (condition 15). This log must include a legal name; date of birth; and status of housing for the meal program participant. Consistent with the operations agreement, these logs will be made available to City Staff upon request. Neighbors have complained about loitering that takes place right before the meal service begins and before it ends. ECHO will need to take reasonable steps to prevent meal program recipients from congregating in and around the site to minim ize impacts on adjacent properties. This includes posting hours of operation for the site (Condition 7) at the entry of the parking lot, as well as the identified assembly area shown in Figure 2. Additionally, ECHO will need to provide additional employees and volunteers in addition to the number of employees / volunteers that it must provide consistent with the May 2013 City Council approved operations agreement. An additional one (1) employee or trained volunteers for every ten (10) meal program partici pants will be required (Condition 16). Of these additional volunteer / employees, two (2) are required to be outside to supervise participants. One must be placed on the rear portion of the property and the other must be located at the front portion of the property (condition 16). Dispute Resolution The operations agreement that ECHO will need to abide by include a dispute resolution process. This process attempts to troubleshoot neighbor issues through a four step process: 1. First Action would be to contact the neighborhood liaison established by ECHO. 2. Second Action would then be forwarded to the executive board of ECHO if the problem was not resolved. 3. Third Action would involve the City through the Code enforcement process if the executive board cannot resolve the issue. City Staff would investigate complaints and any violations of the conditions of approval for the CUP. If ITEM NUMBER: ITEM NUMBER: 2 DATE: 6-17-14 there are violations, City Staff will work within the confines of its code enforcement process to bring the operation to compliance, which may include additional Planning Commission hearing for re-consideration of the CUP. ECHO must operate the meal program consistent with the approved conditions of approval. Continued violations of these conditions may bring cause to terminate the meal program, while keeping intact the emergency shelter portion of the operation. This avenue ensure the City is in compliance with State Law that dedicat es an emergency shelter be able to operate by right. FINDINGS: The Planning Commission must make the following findings in order to approve a CUP for the proposed continuation of the meal program, consistent with Atascadero Municipal Code section 9-2.110(3)(iv). If the Commission chooses to deny the project, the Commission must make specific findings for denial. 1. The proposed project or use is consistent with the General Plan. Staff Comment: The proposed project and use is consistent with the Atascadero General Plan, as it implements the 2011 adopted Housing Element. 2. The proposed project or use satisfies all applicable provisions o f the Title (Zoning Ordinance). Staff Comment The City’s zoning ordinance, specifically the emergency shelter overlay zone requires a conditional use permit for any additional services or programs beyond the scope permitted by the “by-right” designation and operation of the emergency shelter. The meal program has been deemed “an additional service” not required for the operation of the emergency shelter, since the general public can obtain a meal. The CUP sets conditions to which the meal program can operate and maintain the neighborhood character. 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. Staff Comment As conditioned, the meal program will not be detrimental to the health, safety, or welfare of the general public residing or working within the neighborhood with implemented conditions of approval and site plan changes. ITEM NUMBER: ITEM NUMBER: 2 DATE: 6-17-14 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development. Staff Comment The meal program is an existing program that is in addition to an existing emergency overnight homeless shelter. This program is run out of a former church. Existing single family residences to the rear now have an 8 -foot masonry wall blocking views and mitigated the majority of issues with the shelter. The meal program is operated during the late afternoon and early evening hours. Problems result from some of the program participants that loiter around the property after the program ends its operation fo r the day. As condition, ECHO now has a dispute resolution process in place to handle neighborhood complaints and must log in clients that use the meal program. This is a an effective way to self-police the program to trouble shoot clients that disrupt neighbors or cause trouble. As conditioned, the use will be consistent with the neighborhood character. 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either exist ing 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. Staff Comment The shelter is already permitted to house up to a maximum of fifty (50) clients each evening. An additional thirty (30) people may be served meals with the approved CUP for a total of 80 clients between the hours of 4pm to 6:15 pm, not including residents or volunteers. Atascadero Mall is a designated minor arterial. Those clients that utilize their vehicles must use the parking lot to park. The traffic generated by the use will not result in a volume of traffic beyond the safe capacity of all roads providing access. CONCLUSIONS: The meal program has been deemed an additional service of ECHO and is not an essential function to run the emergency shelter. ECHO has worked with City Staff on conditions for the meal program and understands that the meal program must follow these conditions in order to continue the program, if approved by the Planning Commission. The conditions that have been crafted ensure that ECHO is able to run a program that screens those participants that may disrupt existing residents. Additionally, site plan improvements help to reduce impacts to the surrounding residents during the meal programs operation, which is just under two (2) hours a day. With the proposed conditions of approval, Staff is recommending approval of this use. Bond payment for tree #31, impacted 45% : ITEM NUMBER: ITEM NUMBER: 2 DATE: 6-17-14 ALTERNATIVES: 1. The Commission may approve the use with additional or revised project conditions. 2. The Commission may deny the use if it is found that the required findings cannot be made. 3. The Commission may continue the item and refer the request back to staff for additional information or analysis. Direction should be given to staff and the applicant on required information needed. ATTACHMENTS: Attachment 1 – Site Location Attachment 2 – Site Photos Attachment 3 – ECHO Letter Attachment 4 – Proposed ECHO Log Attachment 4 – Draft Resolution PC 2014-0011 ITEM NUMBER: ITEM NUMBER: 2 DATE: 6-17-14 ATTACHMENT 1: Site Location – Emergency Shelter Overlay Site Emergency Shelter Overlay Site (ES) / ECHO Location ITEM NUMBER: ITEM NUMBER: 2 DATE: 6-17-14 ATTACHMENT 2: Site Photos PLN 2014-1492 / CUP 2014-0279 Converted Church now owned by ECHO ITEM NUMBER: ITEM NUMBER: 2 DATE: 6-17-14 ATTACHMENT 2: Site Photos PLN 2014-1492 / CUP 2014 View of Covered Patio / Intake area ITEM NUMBER: ITEM NUMBER: 2 DATE: 6-17-14 ATTACHMENT 2: Site Photos PLN 2014-1492 / CUP 2014-0279 Masonry Wall and Landscaping ITEM NUMBER: ITEM NUMBER: 2 DATE: 6-17-14 ATTACHMENT 3: ECHO Letter PLN 2014-1492 / CUP 2014-0279 ITEM NUMBER: ITEM NUMBER: 2 DATE: 6-17-14 ITEM NUMBER: ITEM NUMBER: 2 DATE: 6-17-14 ATTACHMENT 4: Proposed ECHO Log PLN 2014-1492 / CUP 2014-0279 ITEM NUMBER: ITEM NUMBER: 2 DATE: 6-17-14 ATTACHMENT 4: Draft Resolution PC 2014-0011 PLN 2014-1492 / CUP 2014-0279 DRAFT RESOLUTION NO. PC 2014-0011 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING PLN 2014-1492 / CUP 2013-0279, A CONDITIONAL USE PERMIT FOR AN ADDITIONAL SERVICE (OPEN MEAL SERVICE) WITHIN A DESIGNATED EMERGENCY SHELTER OVERLAY ZONE (EL CAMINO HOMELESS ORGANIZATION) WHEREAS, an application was received from the El Camino Homeless Organization, PO Box 2077, Atascadero, CA 93423, (Owner/Applicant) for a Conditional Use Permit to allow for an a meal program for use by the general public; and, WHEREAS, the proposed project has a General Plan Designation of High Density Residential (HDR) and is in conformance with the Land Use Element of the General Plan and all other applicable General Plan policies; and, WHEREAS, the site is located in the Residential Multi-Family Zone (RMF-16) and is located within an Emergency Shelter overlay zone, as established by the Atascadero Municipal Code section 9-3.502(a); and, WHEREAS, a Conditional Use Permit is required for any additional services or programs, including daytime service programs beyond those described in the Atascadero Municipal Code section 9-3.504(d)(1); and, WHEREAS, the proposed project qualifies for an Categorical Exemption consistent with CEQA section 15323 where normal operations of an existing facilities for public gatherings for which the facilities are designed for are allowed; and, WHEREAS, the Planning Commission held a duly noticed public hearing to consider the proposed Minor Conditional Use Permit application on June 17, 2014 at 7:00 p.m. and considered testimony and reports from staff, the applicants, and the public. NOW THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings of Environmental Exemption. The Planning Commission finds as follows: ITEM NUMBER: ITEM NUMBER: 2 DATE: 6-17-14 1. The proposed project is Categorically Exempt under Class 23, Section 15323 of the California Environmental Quality Act. SECTION 2. Findings for approval of an additional service for an emergency shelter (open meal program). The Planning Commission finds as follows: 1. The proposed project or use is consistent with the General Plan; and, 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance); and, 3. The establishment, and operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be d etrimental 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 use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5. That the proposed use 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; and, 6. That the proposed project is in compliance with any pertinent city policy or criteria adopted by ordinance or resolution of the city council. SECTION 3. Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on June 17, 2014, resolved to approve Conditional Use Permit 2014-0279, subject to the following: EXHIBIT A: Categorical Exemption EXHIBIT B: Conditions of Approval EXHIBIT C: Site Plan EXHIBIT D: Operations Agreement (City Council Resolution 2014-030). ITEM NUMBER: ITEM NUMBER: 2 DATE: 6-17-14 On motion by Commissioner ____________________, and seconded by Commissioner _________________________, the foregoing resolution is hereby adopted in its entirety by the following roll call vote: AYES: ( ) NOES: ( ) ABSENT: ( ) ABSTAINED: ( ) ADOPTED: CITY OF ATASCADERO, CA _________________________________________ Planning Commission Chairperson ATTEST: ___________________________________ Warren Frace Planning Commission Secretary ITEM NUMBER: ITEM NUMBER: 2 DATE: 6-17-14 EXHIBIT A: Categorical Exemption PLN 2014-1492 / CUP 2013-0279 6370 Atascadero Mall ITEM NUMBER: ITEM NUMBER: 2 DATE: 6-17-14 ITEM NUMBER: ITEM NUMBER: 2 DATE: 6-17-14 EXHIBIT B: Conditions of Approval PLN 2014-1492 / CUP 2013-0279 Conditions of Approval PLN 2014-1492 / CUP 2010-0279 Address: 6370 Atascadero Mall APN: 030-341-013 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Planning Department Standard Conditions 1. This Conditional Use Permit shall be for an operation of a meal program that is open to the general public, which has been deemed as an additional service associated with operations of an emergency shelter at parcel APN 030-341-013 (6370 Atascadero Mall). This CUP shall run concurrently with the land and operator of the emergency shelter. Ongoing PS 2. The approval of this use permit shall become final and effective for the purposes of issuing building permits fourteen (14) days following the Planning Commission approval unless prior to the time, an appeal to the decision is filed as set forth in Section 9-1.111(b) of the Zoning Ordinance. Ongoing PS 3. The Community Development Department shall have the authority to approve the 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 approved plan. The Planning Commission shall have the final authority to approve any other changes to the Conditional Use Permit. BP PS, CE 4. The applicant shall defend, indemnify, and hold harmless the City of Atascadero or its agents, officers, and employees against any claim or action brought to challenge an approval by the City, or any of its entities, concerning the project. Ongoing PS, CA Meal Program Conditions 5. An 8-foot masonry wall must be maintained during at the rear property boundary adjacent. Landscaping shall be maintained and installed to create a buffer between the shelter and residences. PS PS 6. Scheduled trash deliveries must be made to the site a minimum twice weekly or as required to ensure the site remains waste free. PS PS 7. Additional signage must be placed at the entry of the emergency shelter detailing hours of operation for the shelter and the meal program. Placement of these signs must be consistent with Exhibit C. PS PS 8. The maximum number of meal program participants shall be eighty (80) persons. This shall include shelter clients. Maximum shelter clients shall be consistent with the adopted emergency shelter overlay PS PS ITEM NUMBER: ITEM NUMBER: 2 DATE: 6-17-14 Conditions of Approval PLN 2014-1492 / CUP 2010-0279 Address: 6370 Atascadero Mall APN: 030-341-013 Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney ordinance for APN 030-341-013. 9. Meal program participants shall be screened, monitor, and obey with rules and regulations established by City Council Resolution 2014-010 PS PS/PD 10. Meal program participants shall be screened, monitor, and obey with rules and regulations established by City Council Resolution 2014-033 (operations agreement). PS PS/PD 11. Failure of screening requirements as established by City Council Resolution 2014-033 shall be grounds for denial of services as determined by emergency shelter staff. PS PS/PD 12. A “No Service” list must be maintained by the emergency shelter operator. This list must be provided to City Staff, including the Atascadero Police Department, upon request. PS PS/PD 13. Meal program hours of operations are from 5 p.m. to 6 p.m. Emergency Shelter hours of operations shall remain consistent with the Atascadero Municipal code section 9-3.504. PS PS 14. Meal program hours of operation may be extended for holiday gatherings with written notice to the City within 72 hours or proposed extended hours. PS PS 15. The emergency shelter operator must maintain a log of meal program participants. This log shall include a legal name, date of birth, and housing status of meal program participant. This log must be made available to City Staff and Atascadero PD upon request. PS PS 16. The emergency shelter operator must provide an additional one (1) employee or trained volunteers for every ten (10) meal program participants will be required. Of these additional volunteer / employees, two (2) are required to be outside to supervise participants. One must be placed on the rear portion of the property and the other must be located at the front portion of the property . This is in addition to the number of employees / volunteers outlined in the operations agreement established by City Council Resolution 2014-033. PS PS 17. Dispute resolution shall be consistent with the dispute resolution outlined in City Council Resolution 2014-033. PS PS 18. Landscaping plan shall be submitted and approved for rear plantings along masonry wall prior to final of building permit (BLD) 2013-11294 BP PS ITEM NUMBER: ITEM NUMBER: 2 DATE: 6-17-14 EXHIBIT C: Site Plan PLN 2014-1492 / CUP 2013-0279 Additional Signage for Hours of operation ITEM NUMBER: ITEM NUMBER: 2 DATE: 6-17-14 EXHIBIT C: Operations Agreement PLN 2014-1492 / CUP 2013-0279 ITEM NUMBER: ITEM NUMBER: 2 DATE: 6-17-14 ITEM NUMBER: ITEM NUMBER: 2 DATE: 6-17-14 ITEM NUMBER: ITEM NUMBER: 2 DATE: 6-17-14 ITEM NUMBER: ITEM NUMBER: 2 DATE: 6-17-14 ITEM NUMBER: ITEM NUMBER: 2 DATE: 6-17-14 ITEM NUMBER: ITEM NUMBER: 2 DATE: 6-17-14 ITEM NUMBER: ITEM NUMBER: 2 DATE: 6-17-14 ITEM NUMBER: ITEM NUMBER: 2 DATE: 6-17-14 ITEM NUMBER: ITEM NUMBER: 2 DATE: 6-17-14 ITEM NUMBER: ITEM NUMBER: 2 DATE: 6-17-14 ITEM NUMBER: ITEM NUMBER: 2 DATE: 6-17-14 ITEM NUMBER: ITEM NUMBER: 2 DATE: 6-17-14 ITEM NUMBER: ITEM NUMBER: 2 DATE: 6-17-14 ITEM NUMBER: ITEM NUMBER: 2 DATE: 6-17-14