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HomeMy WebLinkAboutPC_2013-01-15_AgendaPacket http://www.facebook.com/planningatascadero @atownplanning CITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Tuesday, January 15, 2013 – 7:00 P.M. City Hall Council Chambers 6907 El Camino Real Atascadero, California CALL TO ORDER Pledge of Allegiance Roll Call: Chairperson Ward Vice Chairperson Vacant Commissioner Bentz Commissioner Colamarino Commissioner Cooper Commissioner Dariz Commissioner Vacant 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 A. ADMINISTRATION OF OATH OF OFFICE Annette Manier, Deputy City Clerk, will administer the Oath of Office to newly appointed Commissioners Jan Wolff and Duane Anderson. City of Atascadero Planning Commission Agenda Regular Meeting, January 15, 2013 Page 2 of 4 http://www.facebook.com/planningatascadero @atownplanning 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 DECEMBER 18, 2012. COMMUNITY DEVELOPMENT STAFF REPORTS NONE PUBLIC HEARINGS 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 to 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 2012-1442 / CONDITIONAL USE PERMIT FOR EXPANSION OF RESIDENTIAL CARE FACILITY AT 5800 LLANO ROAD Property Owner: Evelyn Ladd, 5800 Llano Road, Atascadero, CA 93422 Applicant: Susan Van Alfen, 5800 Llano Road, Atascadero, CA 93422 Jed Joyce, PO Box 1164, Templeton, CA 93465 Project Title: PLN 2012-1442 / CUP 2012-0260 Project Location: 5800 Llano Road, Atascadero, CA 93422 (APN 050-351-005) San Luis Obispo County Project Description: Conditional Use Permit application for a residential care facility in the residential suburban (RS) zone. Existing care facility is requesting the ability to expand its current occupancy from six (6) residents to a maximum of ten (10) residents. General Plan Designation: Residential Estate (RE) Zoning District: Residential Suburban (RS) Proposed Environmental Determination: Class 1 Exemption, consistent with Section 1501 of the Government Code: Minor alteration of existing structures or facilities. City of Atascadero Planning Commission Agenda Regular Meeting, January 15, 2013 Page 3 of 4 http://www.facebook.com/planningatascadero @atownplanning 3. PLN 2012-1444 / INDUSTRIAL ZONING DISTRICT CODE TEXT CHANGE COMMISSIONER COMMENTS AND REPORTS 4. PLANNING COMMISSION OVERVIEW PRESENTATION DIRECTOR’S REPORT ADJOURNMENT The next regular meeting of the Planning Commission is scheduled for February 5, 2013, at City Hall, Council Chambers, 6907 El Camino Real, 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. Applicant: City of Atascadero – 6907 El Camino Real, Atascadero, California 93422 Project Title: PLN 2012-1444 – Industrial Zoning District Code Text Change 2012 Project Location: The entire Industrial Zoning District in the City of Atascadero, primarily located on the east side of Traffic Way between Bajada Ave and Orillas Way. San Luis Obispo County Project Description: Amend the Industrial Zoning District code text (Article 18 of Title 9, Atascadero Municipal Code) to add the “Indoor Recreation” land use category to the list of conditionally allowable uses. Proposed Environmental Determination: CEQA Statutory Exemption Section 15061(b)(3). City of Atascadero Planning Commission Agenda Regular Meeting, January 15, 2013 Page 4 of 4 http://www.facebook.com/planningatascadero @atownplanning 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, 6907 El Camino Real, 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, 6907 El Camino Real, Atascadero, and on our website, www.atascadero.org. An agenda packet is also available for public review at the Atascadero Library, 6850 Morro Road. 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 minutes 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 Commission 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 Community 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 is preferred. Access to hook up your laptop to the City's projector can also be provided. 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 Action Minutes of 12/18/12 Page 1 of 4 CITY OF ATASCADERO PLANNING COMMISSION DRAFT ACTION MINUTES Regular Meeting – Tuesday, December 18, 2012 – 7:00 P.M. City Hall Council Chambers 6907 El Camino Real, Atascadero, California CALL TO ORDER - 7:00 p.m. Chairperson Ward called the meeting to order at 7:00 p.m. and Commissioner Schmidt led the Pledge of Allegiance. ROLL CALL Present: Commissioners Bentz, Cooper, Dariz, Wingett, Vice Chairperson Schmidt, and Chairperson Ward Absent: Commissioner Colamarino (excused absence) Others Present: Recording Secretary Annette Manier Staff Present: Community Development Director, Warren Frace Assistant Planner, Alfredo Castillo Deputy Director of Public Works, David Athey APPROVAL OF AGENDA MOTION: By Commissioner Bentz and seconded by Vice Chairperson Schmidt to approve the agenda. Motion passed 6:0 by a roll-call vote. PUBLIC COMMENT None ITEM NUMBER: 1 DATE: 1-15-13 PC Action Minutes of 12/18/12 Page 2 of 4 PLANNING COMMISSION BUSINESS None CONSENT CALENDAR 1. APPROVAL OF ACTION MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON NOVEMBER 20, 2012. 2. APPROVAL OF ACTION MINUTES OF SPECIAL PLANNING COMMISSION AND CITY COUNCIL JOINT MEETING ON NOVEMBER 29, 2012. MOTION: By Commissioner Dariz and seconded by Commissioner Bentz to approve the consent calendar. Motion passed 6:0 by a roll-call vote. PUBLIC HEARINGS 3. PLN 2099-0848 / CUP 2005-0157 / TTM 2005-0067 / ZCH 2005-0099 Property Owner: Oakhaven Village, Inc., 3160 Ocean Terrace, Marina, CA 93933 Project Title: Oakhaven Village DRC 2012-0029/PLN 2099-0848 / CUP 2005-0157 TTM 2005-0067 ZCH 2005-0099 Project Location: 1155 El Camino Real, Atascadero, CA (APN 049-042-018) San Luis Obispo County Project Description: Redesign of architectural elevations and floor plans for a previously approved 62 -Unit townhouse subdivision. Applicant proposes to reduce the number of stories from three (3) to two (2); revision to interior floor plans to add additional bedroom(s), site plan modifications to accommodate new product types, as well as additional parking as recommended by the Design Review Committee. General Plan Designation: High Density Residential Zoning District: Residential Multi-Family (RMF-20) / Planned Development Overlay (PD- 26) Proposed Environmental Determination: Consistent with certified Mitigated Negative Declaration 2005-0028. PC Action Minutes of 12/18/12 Page 3 of 4 DISCLOSURE OF EX PARTE COMMUNICATIONS:  Chairperson Ward – Said he was on the Design Review Committee who reviewed this project on 11/15/12, but other than that, he had no conversations outside of hearing rooms.  Vice Chairperson Schmidt –None  Commissioner Bentz - None  Commissioner Cooper – None  Commissioner Dariz – None  Commissioner Wingett – None Assistant Planner Castillo gave the staff report. Assistant Planner Castillo and Deputy Director of Public Works, David Athey answered questions from the Commission. PUBLIC COMMENT The following people spoke during public comment: Dan Silviere (Oakhaven Village, Inc.) and Randy Rea, Project Architect. Mr. Silviere answered questions from the Commission. Chairperson Ward closed the Public Comment period. Assistant Planner Castillo answered additional questions raised from Commissioners regarding the oak trees and paving. MOTION: By Commissioner Bentz and seconded by Vice Chairperson Schmidt to adopt PC Resolution 2012-0021 approving an Amendment to CUP 2005-0157 at APN 049-042-018, subject to conditions of approval and mitigation monitoring. Motion passed 6:0 by a roll-call vote. COMMUNITY DEVELOPMENT STAFF REPORTS COMMISSIONER COMMENTS AND REPORTS Chairperson Ward gave an update on the American Heritage Monument Project and said it is moving forward. He also commented on how nice the new Transit Center looks and said it will be an asset to the City. PC Action Minutes of 12/18/12 Page 4 of 4 DIRECTORS REPORT  Director Frace said that the next meeting is scheduled for January 15, 2013 and there are two items on the agenda.  Director Frace announced that there will be a Study Session with Planning Commission on the Climate Action Plan which will be held on the 5 th Tuesday in January (January 29, 2013).  Director Frace gave an update on City Council items as follows:  Ms. Heather Moreno was appointed to the City Council.  Strategic Planning for the New Year is forthcoming.  Director Frace gave an update on timelines for the Eagle Ranch project and stated there will be another DRC meeting on January 31 st to make a recommendation. On February 26, 2013, there will be a joint session with Planning Commission and City Council with the potential to move forward to the EIR process. ADJOURNMENT - 8:04 p.m. The next regular meeting of the Planning Commission is scheduled for January 15, 2013, at 7:00 p.m. at City Hall, Council Chambers, 6907 El Camino Real, Atascadero. MINUTES PREPARD BY: _____________________________ Annette Manier, Recording Secretary Adopted \\cityhall\cdvlpmnt\~ planning commission\pc agendas\~ pc minutes\pc minutes 12\pc draft actn minutes 12 18 12.am.docx Planning Commission Staff Report Staff Report - Community Development Department Alfredo Castillo, AICP, Assistant Planner, 470-3436, acastillo@atascadero.org PLN 2012-1442 / CUP 2012-0260 Conditional Use Permit Residential Care Facility Use 5800 Llano Road (Ladd/Van Aflen) RECOMMENDATIONS: Staff recommends the Planning Commission adopt Resolution PC 2013-0001, approving a Conditional Use Permit to allow for a residential care facility in a Residential Suburban (RS) of up to 10 non-ambulatory residents based on findings and subject to Conditions of Approval. DISCUSSION: Situation and Facts 1. Property Owner Evelyn Ladd, 5800 Llano Road, Atascadero, CA 93422 2. Applicant: Susan Van Alfen, 5800 Llano Road, Atascadero, CA 93422 3. Project Address: 5800 Llano Road, Atascadero, CA 93422 APN 050-351-005 4. General Plan Designation: Rural Estates (RE) 5. Zoning District: Residential Suburban (RS) 6. Site Area: 4.8 acres 7. Existing Use: Residential Care Facility / Single Family Home 8. Environmental Status: Class 1, Categorical Exemption Section 15301: Existing Facilities ITEM NUMBER: 2 DATE: 1-15-13 Background: The proposed project consists of a proposed Conditional Use Permit (CUP 2012-0260) to increase the number of residential care patients from 6 patients to 10 patients at an existing residential care facility located at 5800 Llano Road. A Touch Above Care is a residential care home that opened in 2007. At this time, it can serve up to six (6) residents without approval of the Conditional Use Permit (CUP) in this residential zone. Due to patient demand, the applicant has applied for a CUP to allow for an additional four (4) residents to be cared for at the property. Consistent with the Atascadero Municipal Code (AMC) 9-3.423, a CUP is required by the City of Atascadero for residential care facilities to care for over six (6) patients. It is currently and will remain licensed for care of “non-ambulatory” patients. California Health and Safety Code, Section 13131, defines “non- ambulatory” persons as: “Non-ambulatory Persons” means persons unable to leave a building unassisted under emergency conditions. It includes any person who is unable, or likely to be unable, to physically and mentally respond to a sensory signal approved by the State Fire Marshal, or an oral instruction relating to fire danger, and persons who depend upon mechanical aid s such as crutches, walkers, and wheelchairs.” Surrounding Surrounding Land Use and Setting: North: Residential Suburban South: Residential Suburban East: Residential Suburban West: Residential Suburban Analysis: The project site is within the Rural Estates General Plan Land Use Designation and is zoned Residential Suburban, which allows for residential care facilities to serve more than 6 residents with the approval of a Conditional Use Permit. The site consists of a single-family home used as a residential facility, a permitted 2nd unit, a detached garage, two (2) existing storage units, and an existing paved area for parking area for multiple cars. 9525 Gallina Ct. Proposed Project Site As a part of CUP approval, the applicant is proposing to add additional bedrooms within the existing building footprint by converting the living room and the attached garage into living spaces. These additions will provide existing residents their own bedrooms within the home. As a part of Phase 1 of the project, the applicant will submit building permits for these bedroom additions, as they were completed without a building permit. Phase 2 will include a change of occupancy for the existing home to accommodate the additional four (4) residents that the applicant is requesting. The change of occupancy is required as a part of the California Building Code. The code requires an occupancy change from an R-3 (typical of most single-family residential properties) to an R-2.1 occupancy for a 24-Hour Care Facility. This will allow for continued residential use rather than a typical hospital-type setting. The existing residential care use currently has a total of four (4) employees. To accommodate ten (10) residents, two additional employees will be required for a total of six (6) employees. With the increase in number of residents, the resident to employee ratio will be 3:1. This ratio meets the state requirements for care facilities as required by the California Department of Health Services. There will be a minimum of three (3) employees per shift, with a maximum of fourteen (14) people at the care facility at any given time. The property currently has a septic system. Homes that utilize septic systems are sized according to the number of bedrooms, not the number of bathrooms. The house is proposed to have a total of six (6) bedrooms, an increase from the currently permitted three (3) bedrooms. The septic system will be required to be expanded and properly sized as a condition of approval (Condition 11). This will need to be completed at the time of building permit submittal for the Phase 1 improvements. Parking / Traffic / Circulation / Fire Access The increase from six (6) residents to ten (10) residents will not create a significant increase in traffic because the total number of employees will increase by only two. The site includes an existing parking area that accommodates residents, visitors, and employees. This paved parking area is located away from Llano Road. This parking area can accommodate eight (8) vehicles. In addition, the applicant has covered parking from the existing garage that may be utilized for either owner or employee. California Residential Code, Section 1.1, defines R-2.1 occupancy as: R-2.1 This occupancy shall include building, structure or parts thereof housing clients, on a 24-hour basis, who because of age, mental disability or other reasons, live in a supervised residential environment that provides personal care services. This occupancy may contain more than six non ambulatory and/ or bedridden clients. (See Section 425 Special Provisions for Licensed 24 - Hour Care Facilities in a Group R-2.1, R-3.1 or R-4 Occupancy). Such as Residential care facilities. At this time, residents do not have cars on-site due to the nature of care provide for Alzheimer’s and dementia patients. A neighborhood compatibility concern will be the amount of on-site parking. Staff recommends that parking be limited to visitors and employees only (Condition 7). In addition, staff is recommending that a landscaped area be provided adjacent to the existing driveway / proposed stripped parking area (Condition 8) to buffer the adjacent residence from the proposed parking area. If the applicant cannot meet Fire Department emergency access with the added landscape buffer, Staff will work with the applicant to ensure adequate parking is addressed, and that a minimum of eight (8) parking stalls are provided. The Fire Department has reviewed the site and has determined that there is adequate emergency access. The fire vehicle turnaround for turnaround is acceptable for emergency vehicles. Parking and Fire Access Area Proposed for ADA accessible spaces Additional proposed stripped parking areas Existing Detached Garage General Plan Consistency The proposed project is consistent with the following General Plan Housing Element Policy: Goal HOS 1: Promote diverse and high quality housing opportunities to meet the needs of all segments of the community. Goal HOS 4: Ensure equal access to sound, affordable housing for all persons regardless of race, religion, age, sex, marital status, ancestry, national origin, color, familial status, or disability. Findings The Planning Commission must make the following five findings to approve the requested use: 1. The proposed project or use is consistent with the General Plan and the City’s Appearance Review Manual. Staff Comment: The use is consistent with the housing elements goals outlined in the General Plan. 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance.) Staff Comment: The proposed use is consistent with all zoning ordinance requirements. 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: The proposed use will not be detrimental to the general public or working person’s health, safety, or welfare. 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 proposed increase in residential care clients will not negatively impact the surrounding neighborhood. 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 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. Staff Comment: The proposed project and use, is consistent with the traffic projections and road improvements anticipated within the General Plan based on limiting the amount of cars on-site to employees and visitors only (Condition 7). Additional traffic from visitors will be generated with the 4 additional patients. Based on staff’s analysis in the preceding sections all the required findings for approval of a Conditional Use Permit Amendment can be made. Proposed Environmental Determination The project qualifies for a Class 1 categorical exemption. This categorical exemption applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features involving negligible or no expansion of use beyond that existing at the time of the Lead Agency’s determination. The exemption includes interior or exterior alterations. Guidelines Sec. 15301. Conclusion The proposed project is a request to expand an existing six (6) resident care facility to allow for ten (10) residents. The proposed increase will not create substantial impacts to the surrounding neighborhood and/or environment. The use is compatible with the Residential Suburban Zoning Designation and will provide increase opportunities to elderly persons requiring an additional level of care. ALTERNATIVES 1. The Commission may modify the project and/or conditions of approval for the project. 2. The Commission may determine that more information is needed on some aspect of the project and may refer the item back to the applicant and staff to develop the additional information. The Commission should clearly state the type of information that is required and move to continue the item to a future date. 3. The Commission may deny the project. The parcel would retain its designation of Residential Suburban and would be allowed to continue to operate with a maximum of 10 clients. The Commission must specify the reasons for denial of the project and make an associated finding with such action. ATTACHMENTS: Attachment 1: Location Map, General Plan and Zoning Attachment 2: Aerial Map Attachment 3: Site Photos Attachment 4: Site Plan Attachment 5: Existing Floor Plan Attachment 6: Proposed Floor Plan Attachment 7: CEQA Exemption Attachment 8: Draft Resolution PC 2013-0001 ATTACHMENT 1: Location Map, General Plan and Zoning 5800 Llano Road Zoning: RS (Residential Suburban) General Plan Designation: RE (Rural Estate) ATTACHMENT 2: Aerial Map Zoning: RS (Residential Suburban) General Plan Designation: RE (Rural Estate) 5800 Llano Road ATTACHMENT 3: Site Photos ATTACHMENT 3: Site Photos ATTACHMENT 4: Site Plan ATTACHMENT 5: Existing Floor Plan ATTACHMENT 6: Proposed Floor Plan ATTACHMENT 7: CEQA Exemption CITY OF ATASCADERO NOTICE OF EXEMPTION 6907 El Camino Real Atascadero, CA 93422 805.461.5000 TO: File FROM: Alfredo R. Castillo, AICP City of Atascadero 6907 El Camino Real Atascadero, CA 93422 SUBJECT: Filing of Notice of Determination in Compliance with Section 21152 of the Public Resources Code. Project Title: PLN 2012-1442 / Conditional Use Permit PLN 2012-0260 – Residential Care Facility Project Location: 5800 Llano Road, Atascadero, CA 93422, San Luis Obispo County Project Description: This is an application a Conditional Use Permit to allow expansion of a residential care facility from six (6) residents to ten (10) residents. Name of Public Agency Approving Project: City of Atascadero Name of Person or Agency Carrying Out Project: Susan Van Aflen (applicant) Exempt Status: Ministerial (Sec. 15073) Emergency Project (Sec. 1507 (b) and (c)) Declared Emergency (Sec. 15061 (a)) General Rule Exemption (Sec. 15061.c) Categorically Exempt (Sec. 15301) Reasons why project is exempt: Class 1 of the California Environmental Quality Act (CEQA) (Section 15301, applies to the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features involving negligible or no expansion of use beyond that existing at the time of the Lead Agency’s determination. The exemption includes interior or exterior alterations. Contact Person: Alfredo R. Castillo, AICP, Assistant Planner (805) 470-3436 Date: January 7, 2013 Alfredo R. Castillo, AICP Assistant Planner ATTACHMENT 8: Draft Resolution PC 2013-0001 DRAFT RESOLUTION PC 2013-0001 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING PLN 2012-1442 / CONDITIONAL USE PERMIT 2012-0260 TO ESTABLISH A 10-CLIENT RESIDENTIAL CARE FACILITY LOCATED AT 5800 LLANO ROAD APN 050-351-005 (Ladd/Van Alfen) WHEREAS, an application has been received from Susan Van Alfen, 5800 Llano Road, Atascadero, CA 93422, (Applicant) and Evelyn Ladd, 5800 Llano Road (Property Owner) to consider an PLN 2012-1442/Conditional Use Permit 2012-0260 to allow up to ten (10) clients at an existing residential care facility at the site of an existing six resident client facility at 5800 Llano Road (APN 050-351-005); and, WHEREAS, the site’s current General Plan Designation is Rural Estate (RE); and, WHEREAS, the site’s current zoning district is Residential Suburban (RS); and, WHEREAS, Residential Care Facilities serving 6 or more clients is a Conditional Use in the RS Zone; and, WHEREAS, the facility is currently approved for a maximum of six clients; and, WHEREAS, the project is Class 1 Categorically Exempt for Infill Projects in accordance with the California Environmental Quality Act (CEQA); and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; 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 January 15, 2013, studied and considered an amendment to PLN 2012- 1442; and, NOW, THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings for approval of Conditional Use. The Planning Commission finds as follows: 1. The proposed project or use is consistent with the General Plan and the City’s Appearance Review Manual; and, 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance); and, 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 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 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 Planning Commission of the City of Atascadero, in a regular session assembled on January 15, 2013 resolved to approve an Amendment to PLN 2012-1442 subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Floor Plan EXHIBIT C: Site Plan 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: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: CITY OF ATASCADERO, CA ______________________________ Chuck Ward Planning Commission Chairperson Attest: ______________________________ Warren M. Frace Planning Commission Secretary EXHIBIT A: Conditions of Approval Conditions of Approval PLN 2012-1442 CUP 2012-0260 5800 Llano Road Timing BL: Business License GP: Grading Permit BP: Building Permit FI: Final Inspection TO: Temporary Occupancy FO: Final Occupancy FM: Final Map Responsibility /Monitoring PS: Planning Services BS: Building Services FD: Fire Department PD: Police Department CE: City Engineer WW: Wastewater CA: City Attorney Mitigation Measure Planning Department Standard Conditions 1. This Conditional Use Permit shall be for a ten (10) client residential care facility located at 5800 Llano Road (APN 050-351- 005) regardless of owner. FO 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. BP 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 Master Plan of Development. The Planning Commission shall have the final authority to approve any other changes to the Master Plan of Development and any associated Tentative Maps unless appealed to the City Council. BP PS, CE 4. Discontinuance and re-establishment of this use shall be governed by the Atascadero Municipal Code non-conforming use provisions section 9-7.107 BP PS 5. 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 subdivision. Ongoing Planning Department Specific Conditions 6. The facility shall meet or exceed all standards as required by the California Building Code (CBC) and any superseding local ordinances related to building safety and/or fire codes and regulations. Ongoing BS/FD 7. The applicant shall limit parking to employees and visitors only. Residents of the care facility will not be allowed to store or park vehicles on the premise. Applicant shall properly maintain off- street parking areas as shown in Exhibit C. Ongoing BS/PS 8. A minimum 10-foot buffer shall be included adjacent to the proposed six (6) parking spaces as shown in Exhibit C. Landscaping shall consist of drought tolerant shrubs and/or trees BP BS/PS and shall be approved by Staff. 9. Site shall be maintained at all times. Any excess junk and scrap over 200 square feet, consistent with Atascadero Municipal Code section 9-6.103(f). BP BS/PS 10. All unpermitted accessory structures shall be permitted prior to the final inspection for change of occupancy from an R-3 to an R-2.1. (Phase II) of the project. BP BS/PS Public Works Project Conditions 11. Applicant shall have a civil engineer evaluate existing septic system to determine if the existing system is adequately sized to handle the increased flow from any increase in staff or residents. The septic system shall be sized using peak flow wastewater generation rates for nursing home residents and staff. This shall be completed prior to issuance of building permits or increase in residents. BP BS 12. Applicant shall show 100% expansion area on the plans when applying for a building permit. This area cannot be built on. BP BS 13. The wastewater disposal system shall be designed and constructed in conformance with the Atascadero Municipal Code, Plumbing Code and Central Coast Regional Water Quality Control Board requirements. BP BS EXHIBIT B: Proposed Floor Plan Proposed Bedroom Additions EXHIBIT C: Site Plan Proposed 2 Parking Spaces Proposed 6 Parking Spaces 10-foot min. Landscape Buffer area to be planted with drought tolerant plants/trees ITEM: 3 DATE: 1-15-13 Atascadero Planning Commission Staff Report - Community Development Department Alfredo R. Castillo, AICP, Assistant Planner, 470-3436, acastillo@atascadero.org Title 9 Planning and Zoning Text Amendments PLN 2012-1444 / ZCH 2012-0167 (City of Atascadero) SUBJECT: This action consists of proposed Zoning Ordinance Text Amendments Title 9 Planning and Zoning. The proposed text amendment consists of a revision to Section 9-3.13, to allow Indoor Recreation as a conditionally allowable use within the Industrial Zoning District. RECOMMENDATION: Staff recommends that the Planning Commission adopt Resolution PC 2012-0002, recommending that the City Council introduce an ordinance for first reading, by title only, to approve PLN 2012-1444 (Zone Text Change ZCH 2012-0159) based on findings. SITUATION AND FACTS: 1. Applicant: City of Atascadero 2. General Plan Designation: Citywide 3. Zoning District: Citywide 4. Environmental Status: Exempt from CEQA (Section 15061.(3) Review for Exemption; not a project) ITEM: 3 DATE: 1-15-13 DISCUSSION: Background: Requests have been made from industrial property owners and business tenants in regards to utilizing existing buildings along Traffic Way for indoor recreation uses such as gyms. Analysis: The proposed text amendments consist of adding a conditionally allowable use in the Industrial Zoning District. Currently, Indoor Recreational uses are not an allowed use in the Industrial Zoning District. Indoor Recreation is an allowed use in the following zoning districts:  Commercial Tourist (CT)  Downtown Commercial (DC)  Public (P)  Recreation (L) It is a conditionally allowed use in the following zoning districts:  Commercial Retail (CR)  Commercial services (CS)  Commercial Park (CPK)  Special Recreation (LS) The proposed text amendments to the Article 18 of Section 9-3 of the Atascadero Zoning Ordinance includes the following: Article 18. I (Industrial) Zone 9-3.311 Purpose. This zone is established to provide suitable locations for heavy manufacturing and industrial uses within the City. (Ord. 364 § 2 (part), Exh. B (part), 1999: Ord. 68 § 9-3.311, 1983) 9-3.312 Allowable uses. The following uses shall be allowed in the Industrial Zone. The establishment of allowable uses shall be as provided by Section 9-2.108 (Plot plan) and Section 9-2.109 (Precise plan): (a) All uses listed as allowable uses in the IP (Industrial Park) Zone; (b) Agricultural processing; (c) Lumber and wood products; (d) Concrete, gypsum and plaster products; (e) Glass products manufacturing; (f) Paper products; (g) Paving materials; ITEM: 3 DATE: 1-15-13 (h) Structural clay pottery products; (i) Machinery manufacturing; (j) Sexually oriented businesses (see Chapter 5-10). (Ord. 364 § 2 (part), Exh. B (part), 1999: Ord. 300 § 2 (5), 1996; Ord. 68 § 9-3.312, 1983) 9-3.313 Conditional uses. The following uses may be allowed in the Industrial Zone. The establishment of conditional uses shall be as provided by Section 9-2.110 (Conditional use permits): (a) Chemical products; (b) Caretaker’s residence (see Section 9-6.104); (c) Petroleum refining and related products; (d) Textile mill; (e) Metal industries—Primary; (f) Pipelines; (g) Recycling and scrap (see Section 9-6.131); (h) School—Business and vocational (see Section 9-6.125); (i) Transit stations and terminals; (j) Vehicle and freight terminals; (k) Plastic and rubber products; (l) Recycling centers (see Section 9-6.132); (m) Utility service centers; (n) Sales lots (see Section 9-6.139). (o) Indoor Recreation (Ord. 499 § 2 (part), 2006: Ord. 364 § 2 (part), Exh. B (part), 1999: Ord. 237 § 1 (D)(part), 1992; Ord. 68 § 9-3.313, 1983) 9-3.314 Lot size. There shall be no minimum lot size in the Industrial Zone. (Ord. 364 § 2 (part), Exh. B (part), 1999: Ord. 68 § 9-3.314, 1983) Proposed Environmental Determination The California Environmental Quality Act (CEQA) (Section 15061.(3), (b)) exempts activities which are covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The ITEM: 3 DATE: 1-15-13 proposed Text Amendment will not have any significant adverse environmental impacts associated with this project application. CONCLUSIONS The General Plan has identified Industrial (I) districts as follows: “This designation provides for a range of uses, from intensive individual operations.. to lower intensity businesses in light industrial park development master planned on large parcels.” The proposed text amendment is consistent with the General Plan, which is implemented by the Zoning Ordinance. The proposed changes will allow for indoor recreational uses, with Planning Commission approval, in areas that are appropriate for a lower intensity business use. ALTERNATIVES 1. The Commission may recommend modifications of the text amendments to the City Council. 2. The Commission may determine that more information is needed on some aspect of the project and may refer the item back to the applicant and staff to develop the additional information. The Commission should clearly state the type of information that is required and move to continue the item to a future date. 3. The Commission may recommend the City Council deny the project. The Commission should specify the reasons for denial of the project and recommend an associated finding with such action. ATTACHMENTS: Attachment 1: City-Wide Industrial Zoning Districts Attachment 2: Notice of Exemption Attachment 3: Draft Resolution 2013-0002 ITEM: 3 DATE: 1-15-13 ATTACHMENT 1: Citywide Industrial Zoning Districts Industrial (I) zoned Parcels ITEM: 3 DATE: 1-15-13 ATTACHMENT 2: Notice of Exemption ITEM: 3 DATE: 1-15-13 ATTACHMENT 3: Draft Resolution PC 2013-0002 DRAFT RESOLUTION PC 2013-0002 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL AMEND THE ATASCADERO MUNICIPAL CODE BY APPROVING PLN 2012-1444/ZCH 2012-0167 TO ADD INDOOR RECREATIONAL AS A CONDITIONAL USE IN THE INDUSTRIAL ZONING DISTRICT (Citywide/City of Atascadero) WHEREAS, an application has been received from the City of Atascadero (6907 El Camino Real, Atascadero, CA 93422), to consider Zone Change Text Amendments to conditionally allow indoor recreational uses in the Industrial (I) Zoning Districts; and, WHEREAS, the project is consistent with the Environmental Impact Report (EIR) prepared for the City’s General Plan, adopted in June 2002, whereby the EIR assessed impacts associated with “lower intensity businesses” in the Industrial land use designated areas; and, WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact this amendment to the Zoning Code Text to protect the health, safety, and welfare of its citizens by applying orderly development and expanding housing opportunities within the City; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Text Change 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 Zoning Text Amendments; and, WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing held on January 15, 2013, studied and considered Zone Change 2012-0167, and, NOW THEREFORE, the Planning Commission of the City of Atascadero takes the following actions: SECTION 1. Findings for Approval of a Zone Text Change. The Planning Commission finds as follows: ITEM: 3 DATE: 1-15-13 1. The Zone Change is consistent with General Plan policies and all other applicable Ordinances and policies of the City. 2. Amendment of the Zoning Ordinance will provide for the orderly and efficient use of lands where such development standards are applicable. 3. The Zone Change will not, in itself, result in significant environmental impacts. 4. The Zone Change is consistent with the Environmental Impact Report prepared for the City’s General Plan, adopted in June 2002. SECTION 2. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on January 15, 2013 resolved to recommend that the City Council introduce for first reading by title only, an Ordinance that would amend the City Zoning Code Text with the following: Article 18. I (Industrial) Zone 9-3.311 Purpose. This zone is established to provide suitable locations for heavy manufacturing and industrial uses within the City. (Ord. 364 § 2 (part), Exh. B (part), 1999: Ord. 68 § 9- 3.311, 1983) 3.312 Allowable uses. The following uses shall be allowed in the Industrial Zone. The establishment of allowable uses shall be as provided by Section 9-2.108 (Plot plan) and Section 9-2.109 (Precise plan): (a) All uses listed as allowable uses in the IP (Industrial Park) Zone; (b) Agricultural processing; (c) Lumber and wood products; (d) Concrete, gypsum and plaster products; (e) Glass products manufacturing; (f) Paper products; (g) Paving materials; (h) Structural clay pottery products; (i) Machinery manufacturing; (j) Sexually oriented businesses (see Chapter 5-10). (Ord. 364 § 2 (part), Exh. B (part), 1999: Ord. 300 § 2 (5), 1996; Ord. 68 § 9-3.312, 1983) 9-3.313 Conditional uses. The following uses may be allowed in the Industrial Zone. The establishment of conditional uses shall be as provided by Section 9-2.110 (Conditional use permits): ITEM: 3 DATE: 1-15-13 (a) Chemical products; (b) Caretaker’s residence (see Section 9-6.104); (c) Petroleum refining and related products; (d) Textile mill; (e) Metal industries—Primary; (f) Pipelines; (g) Recycling and scrap (see Section 9-6.131); (h) School—Business and vocational (see Section 9-6.125); (i) Transit stations and terminals; (j) Vehicle and freight terminals; (k) Plastic and rubber products; (l) Recycling centers (see Section 9-6.132); (m) Utility service centers; (n) Sales lots (see Section 9-6.139). (o) Indoor Recreation (Ord. 499 § 2 (part), 2006: Ord. 364 § 2 (part), Exh. B (part), 1999: Ord. 237 § 1 (D)(part), 1992; Ord. 68 § 9-3.313, 1983) 9-3.314 Lot size. There shall be no minimum lot size in the Industrial Zone. (Ord. 364 § 2 (part), Exh. B (part), 1999: Ord. 68 § 9-3.314, 1983) BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the Planning Commission Secretary to the City Council of the City of Atascadero. 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: ( ) ABSTAIN: ( ) ABSENT: ( ) ADOPTED: ITEM: 3 DATE: 1-15-13 CITY OF ATASCADERO, CA ______________________________ Chuck Ward Planning Commission Chairperson Attest: ______________________________ Warren M. Frace Planning Commission Secretary