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HomeMy WebLinkAboutPC_2012-11-20_AgendaPacket http://www.facebook.com/planningatascadero CITY OF ATASCADERO PLANNING COMMISSION AGENDA Regular Meeting Tuesday, November 20, 2012 – 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 Schmidt Commissioner Bentz Commissioner Colamarino Commissioner Cooper Commissioner Dariz Commissioner Wingett 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 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 OCTOBER 16, 2012. 2. APPROVAL OF THE 2013 PLANNING COMMISSION MEETING SCHEDULE City of Atascadero Planning Commission Agenda Regular Meeting, November 20, 2012 Page 2 of 4 http://www.facebook.com/pages/City-of-Atascadero-Planning/175544509158142 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 inv ited 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).) 3. PLN 2008-1290, AMENDMENT TO CONDITIONAL USE PERMIT FOR 10630 WEST FRONT ROAD, INGLESIDE ASSISTED LIVING – OCCUPANT INCREASE Property Owner: Shirley M. Barratt, 10630 West Front Rd., Atascadero, CA 93422 Applicant: William Vaughn, 10630 West Front Rd., Atascadero, CA 93422 Project Title: PLN 2008-1290 / Conditional Use Permit Amendment #2 Project Location: 10630 West Front Road, Atascadero, CA 93422 APN 045-353-007 (San Luis Obispo County) Project Description: An applicant has submitted a request to amend the Conditional Use Permit for the existing residential care facility at Ingleside Assisted Living Center to allow one additional resident at the facility within a shared bedroom. The number of permitted clients would increase from 15 to 16 full time residents. No new construction and no increase of bedrooms are proposed. General Plan Designation: Rural Estate (RE) Zoning District: Residential Suburban (RS) Proposed Environmental Determination: Proposed amendment is consistent with the previous Certified Mitigated Negative Declaration 2000-037. COMMUNITY DEVELOPMENT STAFF REPORTS NONE COMMISSIONER COMMENTS AND REPORTS City of Atascadero Planning Commission Agenda Regular Meeting, November 20, 2012 Page 3 of 4 http://www.facebook.com/pages/City-of-Atascadero-Planning/175544509158142 DIRECTOR’S REPORT ADJOURNMENT The next regular meeting of the Planning Commission is scheduled for December 4, 2012, 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. City of Atascadero Planning Commission Agenda Regular Meeting, November 20, 2012 Page 4 of 4 http://www.facebook.com/pages/City-of-Atascadero-Planning/175544509158142 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 C ommission 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 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 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. ITEM NUMBER: 1 DATE: 11-20-12 PC Draft Action Minutes of 10/16/12 Page 1 of 7 CITY OF ATASCADERO PLANNING COMMISSION DRAFT ACTION MINUTES Regular Meeting – Tuesday, October 16, 2012 – 7:00 P.M. City Hall Council Chambers 6907 El Camino Real, Atascadero, California CALL TO ORDER - 7:02 p.m. Chairperson Ward called the meeting to order at 7:02 p.m. and Commissioner Wingett led the Pledge of Allegiance. ROLL CALL Present: Commissioners Colamarino, Cooper, Dariz, Wingett, Vice Chairperson Schmidt, and Chairperson Ward Absent: Commissioner Bentz (excused absence) Others Present: Recording Secretary Annette Manier Staff Present: Community Development Director, Warren Frace Associate Planner, Callie Taylor Assistant Planner, Alfredo Castillo Deputy Director of Public Works, David Athey APPROVAL OF AGENDA Director Frace announced that the representatives for Item # 2 (Hotel) have requested that their item be moved to the last item on the agenda, and explained the reason for the request. ITEM NUMBER: 1 DATE: 11-20-12 PC Draft Action Minutes of 10/16/12 Page 2 of 7 MOTION: By Vice Chairperson Schmidt and seconded by Commissioner Colamarino to approve the agenda, with a change to move Item # 2 (Hotel) to Item # 4. Motion passed 6:0 by a roll-call vote. PUBLIC COMMENT None PLANNING COMMISSION BUSINESS None CONSENT CALENDAR 1. APPROVAL OF ACTION MINUTES OF THE REGULAR PLANNING COMMISSION MEETING ON AUGUST 7, 2012. MOTION: By Commissioner Cooper and seconded by Commissioner Wingett to approve the minutes. Motion passed 6:0 by a roll-call vote. COMMUNITY DEVELOPMENT STAFF REPORTS 2. BUILDING PERMIT 2011-09876, 5185 VENADO UPDATE – SINGLE-FAMILY RESIDENTIAL ADDITION (PREVIOUSLY ITEM # 3 ON THE AGENDA) Property Owner: Randall Kenney, 5185 Venado Ave., Atascadero, CA 93422 Applicant: Travis Kenney, 5185 Venado Ave., Atascadero, CA 93422 Project Title: BLD 2011-09876, 5185 Venado Ave. Single-Family Residential Addition Project Location: 5185 Venado Ave., Atascadero, CA 93422 APN 030-251-005 (San Luis Obispo County) Project Description: Update to Planning Commissioners on the status of PLN 2009-1323 and the issuance of Building Permit 2011-09876 permitting the construction of a 3,075 square foot residential addition with a deed restricted oversized attached garage. The Planning Commission will not take any action on this permit. ITEM NUMBER: 1 DATE: 11-20-12 PC Draft Action Minutes of 10/16/12 Page 3 of 7 Assistant Planner Castillo gave the staff report, explained the history of the project, and answered questions from the Commission. PUBLIC COMMENT The following person spoke during public comment: Travis Kenney and Ann Colby. Chairperson Ward referred to Exhibit A (Letter from T. C. Hallett). Mr. Kenney answered questions from the Commission. Mr. Kenney stated he is not running a business out of this location. Director Frace said there won’t be a Conditional Use Permit required and this is merely an update to the project. He told commissioners that if they have any concerns, they should let staff know and we will work the concerns out with the City Attorney. The Commission stated that they would like periodic compliance monitoring included in the final settlement agreement. Chairperson Ward closed the Public Comment period. 3. PLN 2010-1361, AIR POLLUTION CONTROL DISTRICT CLIMATE ACTION PLAN (PREVIOUSLY ITEM # 4 ON THE AGENDA) Applicant: City of Atascadero, 6907 El Camino Real, Atascadero, CA 93422 / San Luis Obispo County Air Pollution Control District Project Title: PLN 2010-1361 – SLO APCD Climate Action Plan Project Location: Citywide Project Description: The City Council has designated the Planning Commission to act as the “Steering Committee” for the San Luis Obispo County Air Pollution Control District’s (APCD) Countywide Climate Action Planning project. Staff to present an update on status and progress of the project. The purpose of a Climate Action Plan is to reduce greenhouse gas emissions within the City of Atascadero. The Planning Commission will be providing direction and feedback on progress to date. No decisions or approvals will be considered at the meeting. Associate Planner Callie Taylor gave the staff report and stated that the City is doing this project primarily due to Assembly Bill 32, and that local governments play a key role. Associate Planner Taylor answered questions from the Commission. She ITEM NUMBER: 1 DATE: 11-20-12 PC Draft Action Minutes of 10/16/12 Page 4 of 7 explained the job of the Planning Commission to be the “steering committee” for the San Luis Obispo County Air Pollution Control District’s (APCD) Countywide Climate Action Planning project. PUBLIC COMMENT The following person spoke during public comment: Susan DeCarli and Ron DeCarli. The Planning Commission gave no directions on the Climate Action Plan. Chairperson Ward closed the Public Comment period. PUBLIC HEARINGS 4. PLN 2099-0243, AMENDMENT TO CUP 2000-0014 FOR 900 EL CAMINO REAL, HOTEL AT HOME DEPOT CENTER (PREVIOUSLY ITEM # 2 ON THE AGENDA) Property Owner: Atascadero 101 Associates, c/o Westar Associates, 2925 Bristol St., Costa Mesa, CA 92626 Applicant: Westar Associates, 2925 Bristol Street, Costa Mesa, CA 92626 Project Title: PLN 2099-0243 / CUP 2000-0014 Amendment – Hotel at Home Depot Center Project Location: 900 El Camino Real, Atascadero, CA 93422 APN 049-045-020, 019, 018, 017 (San Luis Obispo County) Project Description: An application has been submitted to amend the Master Plan of Development for Phase II of the Home Depot Center (CUP 2000-0014). The site plan is proposed to be amended to include a 130 room hotel facility and two (2) freestanding retail buildings at 8,000 and 10,000 square feet each. The proposed uses are consistent with the Planned Development 9 overlay zoning. The Planning Commission will review the proposed project design and make recommendations for approval General Plan Designation: Commercial Park (CP) Zoning District: Commercial Park, Planned Development 9 overlay Proposed Environmental Determination: Staff recommends the Planning Commission find the proposed CUP Amendment in compliance with the original Mitigated Negative Declaration prepared and approved for the phased development of the project site. ITEM NUMBER: 1 DATE: 11-20-12 PC Draft Action Minutes of 10/16/12 Page 5 of 7 DISCLOSURE OF EX PARTE COMMUNICATIONS:  Chairperson Ward – Said he received one email, as did the other commissioners regarding traffic. He was a member of the Design Review Committee who reviewed this project at their meeting on Sept. 27, 2012.  Vice Chairperson Schmidt –Had brief discussion with some members of the DRC who are not on the Planning Commission.  Commissioner Colamarino – None  Commissioner Cooper – None  Commissioner Dariz – None  Commissioner Wingett - None Associate Planner Callie Taylor gave the staff report. This project went to the Design Review Committee (DRC) on September 27, 2012. Staff and DRC are recommending approval as proposed. The parking lot design was revised in the last week and staff is recommending the Commission adopt this change as Exhibit G in the Resolution. Our City Engineer has reviewed the updated traffic analysis and said the traffic light is no longer warranted. A Lot Line Adjustment must be completed prior to building permit issuance. There are findings in the staff report for a height exception. The DRC is recommending the Planning Commission approve the project with modified Exhibit G (hotel site plan/parking lot design). PUBLIC COMMENT The following person spoke during public comment: Peter Koetting, Westar Associates and Amar Sohi with Holiday Inn Express. Mr. Sohi expressed his concerns with an additional hotel opening in Atascadero. Mr. Koetting addressed Mr. Sohi’s concerns. Mr. Koetting said he is pleased with the changes suggested at the DRC level. Mr. Koetting asked staff if Item 17 on the Conditions of Approval (public sewer facilities) could be removed and explained his reason for the request. Mr. Koetting answered questions from the Commission. He said the hotel will be a Marriott Spring Hill Suites. Deputy Director of Public Works, David Athey answered questions from the Commission in regards to traffic and circulation. Chairperson Ward closed the Public Comment period. ITEM NUMBER: 1 DATE: 11-20-12 PC Draft Action Minutes of 10/16/12 Page 6 of 7 MOTION: By Commissioner Colamarino and seconded by Vice Chairperson Schmidt to adopt PC Resolution 2012-0020 approving an Amendment to CUP 2000-0014 to modify the approved site plan and allow a 4-story hotel on APN 049-045- 020, 019, 018, 017, subject to conditions of approval and mitigation, with modified exhibit G (hotel site plan/parking lot design) and the elimination of 2nd Item 17 (public sewer facilities) under Conditions of Approval on page 30 of the packet. Motion passed 6:0 by a roll-call vote. COMMISSIONER COMMENTS AND REPORTS Chairperson Ward gave an update on the American Heritage Monument Project and fundraising efforts. Commissioner Dariz gave an update on the Lake Park bandstand project. Commissioner Colamarino asked Director Frace about Tractor Supply. Director Frace stated that the developer was not able to locate in Atascadero after all. They will be locating in Paso Robles in the previous K-Mart location. Commissioner Schmidt mentioned that the car sales lot across from K -Mart which was approved through Planning Commission is now closed. DIRECTORS REPORT  Director Frace announced that there will be no meeting on November 6, 2012, due to election night. The next meeting is scheduled for November 20, 2012, and there may be one or two CUP’s on the agenda.  Director Frace gave an update on building project activity and said the building permit activity has increased, and dormant projects are coming back to life. ITEM NUMBER: 1 DATE: 11-20-12 PC Draft Action Minutes of 10/16/12 Page 7 of 7 ADJOURNMENT - 9:36 p.m. There will be no meeting on November 6, 2012. The next regular meeting of the Planning Commission is scheduled for November 20, 2012, at 7:00 p.m. at City Hall, Council Chambers, 6907 El Camino Real, Atascadero. MINUTES PREPARD BY: _____________________________ Annette Manier, Recording Secretary The following exhibits are available in the Community Development Department Exhibit A – Letter from T. C. Hallett re: Venado project Adopted ITEM NUMBER: 2 DATE: 11-20-12 C I T Y O F A T A S C A D E R O COMMUNITY DEVELOPMENT DEPARTMENT 6907 EL CAMINO REAL, ATASCADERO, CA 93422  (805) 461-5000  FAX (805) 461-7612 DRAFT Planning Commission Meeting Schedule 2013 MEETING DATE MEETING TYPE TIME LOCATION: City Hall Council Chambers 6907 El Camino Real Atascadero January 1 No Meeting Holiday “ January 15 Regular 7:00 p.m. “ February 5 Regular 7:00 p.m. “ February 19 Regular 7:00 p.m. “ March 5 Regular 7:00 p.m. “ March 19 Regular 7:00 p.m. “ April 2 Regular 7:00 p.m. “ April 16 Regular 7:00 p.m. “ May 7 Regular 7:00 p.m. “ May 21 Regular 7:00 p.m. “ June 4 Regular 7:00 p.m. TENTATIVE LOCATION CHANGE: HISTORIC CITY HALL June 18 Regular 7:00 p.m. “ July 2 CANCELLED 7:00 p.m. Cancelled for 4th of July July 16 Regular 7:00 p.m. “ August 6 Regular 7:00 p.m. “ August 20 Regular 7:00 p.m. “ September 3 Regular 7:00 p.m. “ September 17 Regular 7:00 p.m. “ October 1 Regular 7:00 p.m. “ October 15 Regular 7:00 p.m. “ November 5 Regular 7:00 p.m. “ November 19 Regular 7:00 p.m. “ December 3 Regular 7:00 p.m. “ December 17 Regular 7:00 p.m. “ t:\~ planning commission\pc meeting schedule\draft pc meeting schedule 2013.am.docx Atascadero Planning Commission Staff Report - Community Development Department Callie Taylor, Associate Planner, 470-3448, ctaylor@atascadero.org Second Amendment to Conditional Use Permit 2000-0004 / PLN 2008-1290 Residential Care Facility 10630 West Front (Vaughn / Barratt / Ingleside Assisted Living, Inc.) SUBJECT: A request has been received from Ingleside Assisted Living to increase the number of clients at the existing residential care facility from 15 to 16 people. Bedroom #1 would become a shared bedroom; no new construction or additional bedrooms are proposed. RECOMMENDATION: Staff Recommends Planning Commission: Adopt Resolution PC 2012-0021 approving an Amendment to Conditional Use Permit 2000-0004 / PLN 2008-1290 to allow up to 16 clients at the existing Residential Care Facility at 10630 West Front Road, based on findings and subject to conditions of approval. DISCUSSION: Situation and Facts 1. Property Owner: Shirley Barratt, 10630 West Front Road, Atascadero, CA 93422 2. Contact: William Vaughn, 10630 West Front Road, Atascadero, CA 93422 3. Project Address: Ingleside Assisted Living, Inc. 10630 West Front Road, Atascadero, CA 93422 (San Luis Obispo County) APN 045-353-007 ITEM NUMBER: 3 DATE: 11-20-12 4. General Plan Designation: Rural Estate (RE) 5. Zoning District: Residential Suburban (RS) 6. Site Area: 2.53 acres 7. Existing Use: Ingleside Residential Care Facility serving 15 clients 8. Environmental Status: Consistent with Mitigated Negative Declaration 2000-037, Certified November 21, 2000 Surrounding Land Use and Setting: East: Highway 101) West: Residential Suburban (RS) North: Residential Suburban (RS) South: Residential Suburban (RS) Background In November 2000, the Atascadero Planning Commission approved Conditional Use Permit 2000-0004 to allow a 15-bed, 6,480 +/-sq. ft. Residential Care Facility at 10630 West Front Road. In January of 2003, a building permit was issued for construction. In accordance with the CUP resolution and the California Building Code requirements for accessibility, several site plan, floor plan and architectural elevation changes were made during preparation of the building permits. The structure was permitted and constructed at 7,652 sq. ft. in size, but remained vacant and unfinaled for several years. In 2008, the current owners and operators, Shirley Barratt and William Vaughn, purchased the site and processed a CUP Amendment in order to correct the inconsistencies between the CUP and the as-built facility, and to review a new landscape, fencing, and signage plan. The building was completed and received final occupancy in November of 2008, and has been operating as Ingleside Assisted Living Inc. with 15 clients since that time. 10630 West Front ANALYSIS: An application has been submitted by Ingleside Assisted Living, Inc. to increase the number of clients at the existing residential care / assisted living facility from 15 to 16 people. Currently, there are 15 single occupancy bedrooms. The existing Bedroom #1, located in a private area next to the office, is larger than the rest of the bedrooms. With the proposed CUP Amendment, Bedroom #1 would become a shared room for use by two residents. The total number of clients at the facility would be increase d from 15 to 16 people within the existing 15 bedrooms. No new construction or additional bedrooms are proposed. Floor Plan of Existing Facility The existing facility was originally designed and constructed to be a fully compliant residential care and assisted living facility for non-ambulatory clients. Since this building was not originally designed as a single-family home and then later converted (as is the case with many residential care facilities) the building already meets Fire Codes and California Building Code requirements in order to increase to 16 clients. The existing facility will not need to be alerted to meet codes to add the one additional client. The 9525 Gallina Ct Bedroom #1 proposed for double occupancy existing parking lot and common areas are also sufficient to accommodate the additional resident and do not need to be modified. Environmental Determination Mitigated Negative Declaration 2000-037 was completed for the original project and certified by the Planning Commission on November 21, 2000 . The MND found that the project would not have a significant effect on the environment with the incorporation of the mitigation measures. The proposed project Amendment is consistent with the findings identified in the original Mitigated Negative Declaration. Conclusion The proposed project Amendment is a request to allow Ingleside Assisted Living to increase the number of clients at the existing residential care facility from 15 to 16 people. Bedroom #1 would become a shared occupancy room; no new construction or additional bedrooms are proposed. Staff recommends the Planning Commission approve the CUP Amendment as proposed. ALTERNATIVES: 1. The Commission may approve the project with modifications to the project and/or conditions of approval. 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 Commission sh all specify the reasons for denial of the project and make an associated finding with such action. The facility would continue to be approved for up to 15 clients. ATTACHMENTS: Attachment 1: Location Map, General Plan and Zoning Attachment 2: Approved Resolution PC 2008-0031 Attachment 3: Correspondence with Neighbors Attachment 4: Draft Resolution PC 2012-0021 Attachment 1: Location Map, General Plan and Zoning Zoning: Residential Suburban (RS) General Plan Designation: Rural Estate (RE) 9525 Gallina Ct 10630 West Front Attachment 2: Approved Resolution PC 2008-0031 Attachment 3: Correspondence with Neighbors From: Doug Peterson Sent: Monday, November 12, 2012 3:00 PM To: Warren Frace Cc: Callie Taylor Subject: Ingleside assisted living Conditional Use Hi -- I got a notice in the mail about a conditional use permit for Ingleside Assisted living on West Front street. I won't be able to make it to the meeting, but wanted to send my opinion. I've never had any issues with them whatsoever, and never felt impacted by their business. Going from 15 to 16 doesn't bother me in the slightest, I would happily invite them to add more people even, if they felt the desire. Thanks. -- Doug Peterson Attachment 4: Draft Resolution PC 2012-0021 to approve increase to 16 clients DRAFT RESOLUTION PC 2012-0021 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO APPROVING AN AMENDMENT TO CONDITIONAL USE PERMIT 2000-0004 / PLN 2008-1290 TO ALLOW UP TO 16 CLIENTS AT THE EXISTING RESIDENTIAL CARE FACILITY LOCATED AT 10630 WEST FRONT APN 045-353-007 (Vaughn / Barratt / Ingleside Assisted Living, Inc.) WHEREAS, an application has been received from William Vaughn, 10630 West Front Road, Atascadero, CA 93422 (Contact) and Shirley Barratt, 10630 West Front Road, Atascadero, CA 93422 (Owner), to consider an Amendment to Conditional Use Permit 2000-0004 / PLN 2008-1290 to allow up to 16 clients at the existing Residential Care Facility for elderly care located at 10630 West Front (APN 045-353-007); and, WHEREAS, the site’s current General Plan Designation is Rural Estate (RS); and, WHEREAS, the site’s current zoning district is Residential Suburban (RS); and, WHEREAS, Residential Care Facilities serving 16 clients is a Conditional Use in the RS Zone; and, WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2000-037 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, an Mitigated Negative Declaration 2000-037 was certified by the Planning commission on November 21, 2000, and the proposed Amendment is consistent with the findings identified in the Certified Mitigated Negative Declaration; 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 November 20, 2012 studied and considered the proposed Amendment to Conditional Use Permit 2000-0004 / PLN 2008-1290; 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, becaus e 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 t raffic 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 November 20, 2012 resolved to approve an Amendment to Conditional Use Permit 2000-0004 / PLN 2008-1290; subject to the following: EXHIBIT A: Conditions of Approval EXHIBIT B: Floor Plan (As-built) 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 Amendment #2 to Conditional Use Permit 2000-0004 / PLN 2008-1290 Conditions of Approval / Mitigation Monitoring Program 10630 West Front Amendment #2 CUP 2000-0004 / PLN 2008-1290 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 1. 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. BL PS 2. The Community Development Department shall have the authority to approve minor changes to the project that (1) increase the intensity of the 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 Conditional Use Permit. Ongoing PS 3. 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. Ongoing PS 4. This Conditional Use Permit shall be for a 16 client Residential Care and Assisted Living Facility for elderly care at the property located at 10630 West Front Road (APN 045-353-007) regardless of owner. Ongoing PS 5. All site improvements, landscaping, and building elevations shall be consistent or superior to those shown in attached Exhibits B through E of the original approval PC Resolution 2008-0031. Ongoing PS 6. All conditions of approval of PC Resolution 2008-0031 shall remain in effect unless specifically amended by this resolution. Ongoing PS EXHIBIT B: Floor Plan Bedroom #1 proposed for double occupancy