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PC_2011-10-04_AgendaPacket
CITY OF ATASCADERO PLANNING COMMISSION A GENDA Regular Meeting Tuesday, October 4, 2011— 7:00 P.M. City Hall Council Chambers 6907 El Camino Real Atascadero, California CALL TO ORDER Pledge of Allegiance Roll Call: Chairperson Bentz Vice Chairperson Ward Commissioner Colamarino Commissioner Cooper Commissioner Dariz Commissioner Schmidt 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 SEPTEMBER 20, 2011. racebook Facebhttp://www.facebook.com/pages/City-of-Atascadero-Planning/175544509158142 City of Atascadero Planning Commission Agenda COMMUNITY DEVELOPMENT STAFF REPORTS None PUBLIC HEARINGS DISCLOSURE OF EX PARTE COMMUNICATIONS: Regular Meeting, October 4, 2011 Page 2 of 4 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 2099-0855, OAK GROVE II CONDITIONAL USE PERMIT AMENDMENT AND TREE REMOVAL PERMIT, 1225 EL CAMINO REAL & ATALAYA ST. Property Owner & People's Self Help Housing, 3533 Empleo St., San Luis Obispo, CA 93401 Applicant: Project Title: PLN 2099-0855, Amendment to Oak Grove II Planned Development Conditional Use Permit 2004-0130 Amendment & Tree Removal Permit 2011-0146 Project Atalaya Street / 1225 EI Camino Real, Atascadero, CA 93422 Location: Project An Amendment to the Master Plan of Development (CUP 2004-0130) and project Description: conditions, and a tree removal are proposed by the new project owner. The proposal consists of the following: 1. Remove one hazardous 48" Live Oak tree from Lot 6 (Commission Decision) 2. Remove requirement for architectural fagade enhancements on the side elevation of Lot 1, facing EI Camino Real (Commission Decision) 3. Amend conditions of approval to modify affordable housing deed restriction requirement (Commission will make recommendation to City Council) Consistent with Mitigated Negative Declaration 2004-0022 which was prepared for the Proposed original project and certified by the Atascadero City Council on June 17, 2004. Environmental Determination: ®Find ebb Facebook http://www.facebook.com/pages/City-of-Atascadero-Planning/175544509158142 City of Atascadero Planning Commission Agenda Regular Meeting, October 4, 2011 Page 3 of 4 COMMISSIONER COMMENTS AND REPORTS DIRECTOR'S REPORT ADJOURNMENT The next regular meeting of the Planning Commission is scheduled for October 18, 2011, 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. rind on Face�� htt //www.facebook.com/pages/City-of-Atascadero-Planning/175544509158142 ace City of Atascadero Planning Commission Agenda Regular Meeting, October 4, 2011 Page 4 of 4 City of Atascadero WELCOME TO THE ATASCA DERO 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 EI 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 EI 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. ®Find ebb Facebook http://www.facebook.com/pages/City-of-Atascadero-Planning/175544509158142 City of Atascadero Office of the Planning Commission TO: FROM: Planning Commission COPIES (via email): Wade McKinney, Marcia Torgerson, Victoria Randall, Brian Pierik, Department Heads, City Hall Reception, Atascadero Library Annette Manier Administrative Assistant, Community Development Dept. SUBJECT: Additional Information Provided to Planning Commission after Agenda Packet Distribution DATE: September 30, 2011 Attached is additional information (additional information to Staff Report) that was provided after the Planning Commission Agenda Packets were distributed. This information pertains to: Agenda Item Number: 2 (Re: Oak Grove II Amendment) Description: Design Review Committee recommendation & additional design amendment request Commission Meeting Date: October 4, 2011 Community Development 6907 El Camino Real Atascadero, CA 93422 (805) 461-5035 MEMORANDUM September 30, 2011 TO: Planning Commission FROM.• Callie Taylor Associate Planner RE: DRC RECOMMENDATION & ADDITIONAL DESIGN AMENDMENT REQUEST 1. Design Review Committee met on Thursday, September 29, to review the People's Self Help proposal to change the architectural enhancements on the side elevation of Lot 1, facing EI Camino Real. DRC recommends that the Planning Commission approve the exhibits as proposed by staff, with construction of the pop out gable roof and columns. The applicant was present at the meeting and provided information regarding the construction cost of the enhancements, and the current visibility of the site. DRC members Roberta Fonzi, Bob Kelly, and Susan DeCarli discussed the architectural requirements and unanimously decided that the upgrades were necessary to enhance the look of the project from EI Camino Real. Fonzi and Kelly were on the Planning Commission when these standards were developed and conditioned in 2004. At DRC on Thursday, they discussed that there is still a need to provide high quality architecture and site design with these planned developments in order create a positive image for the City. Affordable housing should blend seamlessly with surrounding development. If the existing vegetation is ever removed, this elevation would be visible directly from EI Camino Real. This is a key location for the project and it should include architectural elements and enhancement to relate to the main street. 2. The applicant is requesting that Planning Commission consider an additional design amendment to the project to remove the requirement for pavers on the individual driveways. The site plan approved in 2004 identifies pavers on many of the individual driveways where there are large oak trees nearby. Pavers were often incorporated into planned developments and commercial projects in the late 1990's and early 2000's in order to protect the roots of large oak trees and allow water to reach the soil. However, in discussions with local arborists and as seen with completed projects in the City, it appears that the installation of the pavers requires grading and compaction that is just as hard on the tree as asphalt or concrete. Pavers often provide a superior design aesthetic in key areas of a development, however, the benefit for the oak trees may be minimal. PSHH is proposing to replace the pavers on these individual driveways with concrete, consistent with the rest of the development. This request came in after the DRC meeting on Thursday, and therefore DRC did not review the item. Based on the limited (if any) benefit of the pavers on the oak trees, and the unusual appearance of the differing driveway materials throughout the development, staff recommends that the Planning Commission eliminate the requirement for pavers on the individual driveways of Oak Grove II. Attachment 1: DRC Recommendation for Lot 1 (site plan) _xhibit 1A: Staff recommendation: Lot is fence, landscape & architectnral enhancements Staff recommendation: Glean up overgrown trees and bushes in front 3' tall fence ok in front of house Architectural upgrades & gable roof pop out to remain in front and on side of garage 6' fence ok for backyard Locate at corner of house Remove architectural upgrades on rear elevation (stone veneer & window trim) Attachment 2: DRC Recommendation for Lot 1 (elevation) Exhibit 2,4: Staff recommendation: architectural enhancement locations Front Elevation {s stone veneer on front of garage to be installed Side Elevation Gablereof and column pop outfacing EI Camino Real, stone veneer on side of garage, facing El Camino Real and window trim in back to be installed Rear Elevation Eliminate steneveneer an Attachment 3: 2004 approved site plan/Master Plan of Development with pavers on several driveways ITEM NUMBER: 1 DATE: 10-4-11 CITY OF A TA SCA DERO PLANNING COMMISSION DRAFT ACTION MINUTES Regular Meeting — Tuesday, September 20, 2011 — 7:00 P.M. City Hall Council Chambers 6907 EI Camino Real, Atascadero, California CALL TO ORDER - 7:00 p.m. Chairperson Bentz called the meeting to order at 7:00 p.m. and Commissioner Schmidt led the Pledge of Allegiance. ROLL CALL Present: Commissioners Cooper, Dariz, Schmidt, Wingett, and Chairperson Bentz Absent: Commissioner Colamarino (excused) Vice Chairperson Ward (excused) Others Present: Recording Secretary Annette Manier Staff Present: Community Development Director Warren Frace, Deputy Director of Public Works -Engineering David Athey, Associate Planner Callie Taylor, and Assistant Planner Alfredo Castillo APPROVAL OF AGENDA MOTION: By Commissioner Schmidt and seconded by Commissioner Cooper to approve the agenda. Motion passed 5:0 by a roll -call vote. (Colamarino, Ward absent) PC Draft Action Minutes of 9/20/11 Page 1 of 6 PUBLIC COMMENT None PLANNING COMMISSION BUSINESS None CONSENT CALENDAR 1. APPROVAL OF ACTION MINUTES OF THE PLANNING COMMISSION MEETING ON AUGUST 2, 2011. MOTION: By Commissioner Cooper and seconded by Commissioner Schmidt to approve the Consent Calendar. Motion passed 5:0 by a roll -call vote. (Colamarino, Ward absent) COMMUNITY DEVELOPMENT STAFF REPORTS None PUBLIC HEARINGS 2. PLN 2011-1410, CONDITIONAL USE PERMIT FOR 5318 PALMA AVE. Property St. Lukes Episcopal Church, 5318 Palma Ave., Atascadero, CA 93422 Owner/Applicant: Project Title: PLN 2011-1410/Conditional Use Permit 2011-0255 Project 5318 Palma Ave., Atascadero, CA 93422 Location: APN 029-312-032 (San Luis Obispo County) Project A 108 sf expansion of existing non -conforming church facilities to accommodate ADA Description: restroom with additional fagade improvements including new windows, steeple, and interior remodel. Additional landscaping, hardscaping for gathering area are also proposed. Approval of the CUP allows the church to become a conforming use and expansion to occur. Zoning: RMF -10 (Residential Multi -Family) General Plan Designation: MDR (Medium Density Residential) Class 3 Categorical Exemption -New Construction or conversion of small structures not Proposed exceeding 2,500 square feet in floor area. Environmental PC Draft Action Minutes of 9/20/11 Page 2 of 6 Determination: The Planning Commission adopt PC Resoltuion 2011-0016 approving minor CUP 2011- Staff 0255 based on findings and subject to conditions of approval. Recommendation: DISCLOSURE OF EX PARTE COMMUNICATIONS: • Commissioner Dariz — None • Commissioner Wingett — Went by the site, did not speak to anyone. • Chairperson Schmidt — None • Commissioner Cooper — None. Commissioner Cooper later stated for the record, that although he lives in the neighborhood, he lives outside the designated permiter or outside the zone needed to not vote on the item. • Chairperson Bentz — Spoke to the owner and his son this afternoon and toured the site for 30-45 minutes. Assistant Planner Castillo gave the staff report. Assistant Planner Castillo and Director Frace answered questions from the Commission. This project went before the Design Review Committee on March 10, 2011. One email was submitted to the Planning Commission in support of the project by Linda L. B. Albright and Alan W. A. Baer. (Exhibit A) PUBLIC COMMENT The following people spoke during public comment: Thom Brajkovich, Architect, who explained that the project will happen in phases. Mr. Brajkovich answered questions from the Commission. Chairperson Bentz closed the Public Comment period. MOTION: By Commissioner Schmidt and seconded by Commissioner Dariz to approve PC Resolution 2011-0016, a Resolution of the Planning Commission approving PLN 2011-1410, a Minor Conditional Use Permit 2011-0255 to allow a religious facility within the multi -family residential zone at APN 029-312-032, at 5318 Palma Ave. with the staff modifications to Conditions 7- 19, 21, 22, and 24 and to strike out the language requiring a SWPPP in Condition #20. Motion passed 5:0 by a roll -call vote. (Colamarino, Ward absent) PC Draft Action Minutes of 9/20/11 Page 3 of 6 3. PLN 2099-1079, CONDITIONAL USE PERMIT AMENDMENT FOR 7392-7398 SANTA YSABEL AVE. Property Owner/ W2M LLC, 2727 Buena Vista Drive, Paso Robles, CA 93446 Applicant: Estrella Associates, 2727 Buena Vista Drive, Paso Robles, CA 93446 Project Title: PLN 2099-0792, Amendment to CUP 2004-0138 Project 7392-7398 Santa Ysabel Ave., Atascadero, CA 93422 Location: APN 030-123-034, 035, 036, 037 (San Luis Obispo County) Project The project was originally approved in 2005 as a 4 unit Planned Development. The Description: project was conditioned to use decorative pavers on both the shared driveway and the individual driveways. The new project owner is proposing a CUP Amendment in order to use asphalt on the shared driveway and stained concrete on the four individual driveways in front of the garages. A revised landscape plan is also included. Zoning: RMF -20 General Plan Designation: HDR Consistent with Certified Mitigated Negative Declaration 2005-0001 Proposed Environmental Determination: Staff recommends the Planning Commission adopt Resolution PC 2011-0017, approving Staff an Amendment to the Master Plan of Development (CUP 2004-0138) to allow a concrete Recommendation: driveway with decorative banding as recommended by the DRC, and approve modified fencing and landscape design. DISCLOSURE OF EX PARTE COMMUNICATIONS: • Chairperson Bentz — Met with the property owners for about 30 -45 minutes. • Commissioner Dariz — Did not talk to anyone, but drove by the site. • Commissioner Wingett — Did not talk to anyone but walked around the site • Chairperson Schmidt — None. • Commissioner Cooper — No communication with the applicant except through the DRC meeting. Associate Planner Taylor gave the staff Frace, and Deputy Director of Public questions from the Commission. This Committee on September 8, 2011. PUBLIC COMMENT PC Draft Action Minutes of 9/20/11 Page 4 of 6 report. Associate Planner Taylor, Director Works -Engineering David Athey answered project went before the Design Review The following people spoke during public comment: Dick Willhoit, Estrella Associates and gave a presentation (Exhibit B). Mr. Willhoit answered questions from the Commission. Chairperson Bentz closed the Public Comment period. Chairperson Bentz reopened the Public Comment period to allow the applicant, Mr. Willhoit, to answer additional questions from the Commission. MOTION: By Commissioner Schmidt and seconded by Commissioner Cooper to approve PC Resolution 2011-0017, a Resolution of the Planning Commission approving an Amendment to a Conditional Use Permit 2004-0138, approving changes as proposed by applicant, including an asphalt driveway as shown page 49 (Attachment 3) of staff report, a revised landscape plan as proposed by applicant, and a wood dog eared fence that has already been installed on site. Motion passed 5:0 by a roll -call vote. (Colamarino, Ward absent) 1, 61kyilLY, 16*14IC►14:Z10]LTA lLVA 14Ll11&T_1ki191N a*]:4V • Commissioner Schmidt watched the City Council and is pleased that the Council will continue the stimulus programs, but he was disappointed about the diagonal parking discussion. • Commissioner Schmidt was on a plane last week and found information on Atascadero in the magazine from Skywest, which he shared with the Commission. DIRECTORS REPORT • Director Frace stated that the next meeting is scheduled for October 4th, and there is another Planned Development project on the agenda. • Director Frace gave an update on projects such as Denny's, Eagle Ranch, Walmart, projects within Colony Square, and the Grocery Outlet in Mission Oaks. • Director Frace gave an update on the downtown Pedestrian Bridge which will connect Sunken Gardens to Colony Square. • The City is working on pedestrian pathway system that will fit in with the completion of City Hall. A Master Plan has been to the Design Review Committee and the Parks and Recreation Commission. • City Hall project is on schedule and under budget. PC Draft Action Minutes of 9/20/11 Page 5 of 6 ADJOURNMENT - 8:45 p.m. The next regular meeting of the Planning Commission is scheduled for October 4, 2011, at City Hall, Council Chambers, 6907 EI Camino Real, Atascadero. MINUTES PREPARD BY: Annette Manier, Recording Secretary The following exhibits are available in the Community Development Department: Exhibit A — Email from Linda L. B. Albright and Alan W. A. Baer Exhibit B — Presentation by Dick Willhoit, Estrella Associates \\cityhall\cdvlpmnt\— pc minutes\pc minutes 11\pc draft actn minutes 9 20 11.am.docx PC Draft Action Minutes of 9/20/11 Page 6 of 6 ITEM NUMBER: 2 DATE: 10-4-11 Planning Commission Staff Report Staff Report - Community Development Department Callie Taylor, Associate Planner, 470-3448, ctaylor@atascadero.org Oak Grove II Amendment PLN 2099-0855 / CUP 2004-0130 Amendment Condition Change, Elevations, & Tree Removal Permit 1225 EI Camino Real / Atalaya Street (Peoples' Self Help Housing) RECOMMENDATIONS: Staff recommends 1. The Planning Commission adopt Draft Resolution PC 2010-0018, approving a Tree Removal Permit and an Amendment to the Master Plan of Development (CUP 2004-0130) to modify Lot 1 exhibits as recommended by staff in Exhibits 1A and 2A; and, 2. The Planning Commission adopt Draft Resolution PC 2010-0019, recommending the City Council modify the project's Affordable Housing Requirement Condition. SUMMARY: The project owner submitted an application to make a few changes to the Oak Grove II project prior to construction. The application includes following requests: 1. Remove one hazardous 48" Live Oak tree from Lot 6 2. Remove architectural fagade enhancements on the side elevation of Lot 1, facing EI Camino Real 3. Amend conditions of approval to modify affordable housing deed restriction requirement The Design Review Committee is scheduled to review the proposed architectural changes on Thursday, September 29, 2011, and will make a recommendation to the Planning Commission. This recommendation will be forwarded to the Planning Commission on Friday. The Planning Commission is the deciding authority for the tree removal request and Lot 1 architectural changes. ITEM NUMBER: 2 DATE: 10-4-11 City Council approval is required in order to change the Affordable Housing condition of the project, as this requirement is in accordance with an adopted City Council Policy for Inclusionary Housing and density bonuses. A City Council hearing for this item is scheduled for October 11. The Planning Commission will be making a recommendation to City Council on this item. DISCUSSION: Situation and Facts: 1. Owner/Applicant : Peoples' Self Help Housing, 3533 Empleo St. San Luis Obispo, CA 93401 2. Project Address: Originally 1225 EI Camino Real Now Atalaya Street, Tract 2640 Lot 1: Elevation change Lot 6: Tree Removal Permit Lots 18 & 24: Deed restricted lots 3. General Plan Designation: Single Family Residential (SFR - X) 4. Zoning District: Residential Single -Family -X with Planned Development 17 overlay (RSF-X / PD 17) 5. Site Area: 5.18 acre development; 6,400 sq. ft. lots 6. Existing Use: Graded building pads; units not yet constructed 7. Environmental Status: Consistent with Certified Mitigated Negative Declaration completed for Oak Grove II ITEM NUMBER: 2 DATE: 10-4-11 Background Oak Grove II was approved by City Council as a Planned Development #17 in October 2004. After the final map was recorded, the project went into foreclosure. Over the past year, the City's Public Works Department has worked with the bonding company to have the road improvements completed in accordance with the Subdivision Improvement Agreement so that the 24 recorded lots could be developed. The 5.16± acre development site was recently purchased by People Self Help Housing (PSNH) who will develop of all 24 lots as affordable, mutual self-help housing. ITEM NUMBER: 2 DATE: 10-4-11 ANALYSIS 1. Tree Removal Permit The applicant, Peoples' Self Help Housing, has applied for a tree removal permit in order to remove a 48" Coast Live Oak from lot 6 of tract 2640 in the Oak Grove II development. The tree proposed to be removed is in severe decline according to the arborist's letter (see attachment). There is evidence of large wounds and extensive rot in the tree, causing concern for safety with the construction of a new house on this lot. The arborist recommends the tree be removed and replaced prior to construction. In considering any tree removal request, at least one of the required findings identified in the Tree Ordinance must be made. Staff has identified the following finding as appropriate for the application request: "The tree is dead, diseased or injured beyond reclamation, as certified by a tree condition report from an Arborist. " Permit fees are not required for the removal of hazardous trees, and therefore the regular permit fee of $755 has been waived. The Atascadero Municipal Code does require mitigation for all trees approved for removal. In accordance with Section 9- 11.105 of the Atascadero Native Tree Ordinance, staff has included a condition in the attached resolution which requires either replanting or payment of fees to the tree fund. The applicant shall either replant eight (8), five -gallon native trees in the project site, or make a mitigation payment of $400 into the tree fund, or combination thereof. Tree on Lot 6 Proposed for Removal t, R kd ITEM NUMBER: 2 DATE: 10-4-11 2. Lot 1 Elevation Changes When Oak Grove II was approved in 2004, the garage on the side of Lot 1 included upgraded architectural features facing EI Camino Real. All front elevations of the 24 units in the development face the interior street (Atalaya) and include architectural details on the front elevation. However, these details (such as columns and stone accents) were left off the side and rear elevations. Since the side of Lot 1 is a corner lot, and the only elevation in close proximity and viewed directly from EI Camino Real, it was approved with additional architectural enhancements on the side elevation to face the frontage road. Lot 1 was approved to include a stone veneer banding around the garage, window trim on the side and rear elevations, and a pop out gable feature with columns facing EI Camino Real. Oak Grove II Site Plan .��,,._. :•t- �.�•' _ Q-�•*ire :��j— a J Approved Elevations, Lot 1 (CUP 2004-0130) Window trim on side i & rear elevations K111hr F'JCVutt._w-, ii Illllll Stone veneer on front, PirtialRear Flevatton side & rear of garage IIr• ` `�z s x ;" � : nEN �. 1f�lss"' ITEM NUMBER: 2 DATE: 10-4-11 Applicant's Proposed Changes: People's Self Help Housing will be constructing the Oak Grove II project as a mutual self- help development with 24 affordable housing units. In order to minimize construction costs, PSHH is requesting relief from some of the upgraded architectural enhancements required on Lot 1. These changes include: ■ eliminate the gable roof pop out and columns facing EI Camino Real ■ eliminate the rock trim side and rear of the garage when behind the backyard fence ■ eliminate door and window trim on the rear elevation Currently, overgrown vegetation near EI Camino Real blocks much of the view of the side of this lot. A 6 -foot fence is proposed to be installed along the property line between the unit and EI Camino Real, which would block much of the architectural upgrades. Based on these obstructions and the added cost of the upgrades, the applicant proposes to modify the elevations on Lot 1. Applicant's Proposed Elevation Changes, Lot 1 Side Elevation Facing EI Camino Real Eliminate gable roof and column pop out facing EI Camino Real Include atone veneer only in front of fence line Include window trim on aide elevation Rear Elevation and eliminate window trim on rear elevation ITEM NUMBER: 2 DATE: 10-4-11 Staff Recommendation: Due to the location directly adjacent to EI Camino Real, staff does not recommend removing all architectural enhancements on Lot 1. Decreasing the architectural standards for the side of Lot 1 would impact the view of the Oak Grove II development as seen from EI Camino Real. As this is the only elevation seen for most motorists passing by the project, this side should relate to the street and provide an appealing aesthetic quality to enhance the look of the entire development. Staff recommends removing the requirements for upgrades on the rear elevation (stone veneer on rear of garage and window trim on rear fagade) as these details will not be seen from offsite. However, staff recommends the gable roof pop out, columns, and stone veneer facing EI Camino Real be constructed as originally designed. These front and corner lot design details and relation to the frontage road are standard features of the adjacent PD (Oak Grove 1) and the Colony Homes Development located nearby on EI Camino Real. Staff recommends that the overgrown vegetation and oak trees between Lot 1 and EI Camino Real be trimmed up to give the development a clean entrance appearance. In order to visually connect the development and make the neighborhood feel open, staff recommends that the fencing on Lot 1 be installed at 3 feet or less in the front portion of the lot, and then be raised to 6' in height only at the rear of the lot to enclose the backyard. This would allow the architectural upgrades to be visible for those entering or driving by the development. Staff recommendation: Clean up overgrown trees and bushes in front 3' tall fence ok in front of house Architectural upgrades & gable roof pop out to remain in front and on side of garage b' fence ok for backyard Locate at corner of house Remove architectural upgrades on rear elevation (stone veneer &. window trim) ITEM NUMBER: 2 DATE: 10-4-11 3. Affordable Housing Deed Restrictions The PD -17 overlay zone allows up to four (4) units per acre as a base density in the RSF-X zone. Oak grove II was approved with an affordable housing density bonus to allow an additional three (3) units, for a total of 24 units in the development. A condition was included in the resolution which required that the developer designate either two (2) very -low income units, or four (4) low income units, deed restricted for a period of 30 years. At the time of final map, the previous developer recorded 30 year very -low income affordable deed restrictions on lots 18 and 24. Peoples' Self Help Housing works with homeowners to secure loans through the USDA (United States Department of Agriculture.) The City of Atascadero qualifies as a rural community based on population, and is therefore eligible for the low interest financing provided by USDA Section 502 mortgages for iincome qualified affordable housing buyers. Due to the strict lending requirements of USDA, the lender will not loan on units which have deed restrictions. Therefore, Peoples' Self Help Housing is requesting that the deed restrictions on lots 18 and 24 be removed so that these units may be financed through USDA as affordable, mutual self-help housing, along with the rest of the Oak Grove II development. This issue of deed restrictions and affordable housing lenders was addressed by the County of San Luis Obispo in 2006. The San Luis Obispo County Board of Supervisors amended the County's Land Use Ordinance so that the new Affordable Standards included the following provisions for mutual self-help projects: San Luis Obispo County Land Use Ordinance 22.12.070, Affordable Standards: G. Exceptions to initial sales price limitations and resale restrictions. The Director of the Planning and Building Department may grant an exemption to the initial sales price limitation and resale restrictions for housing units that meet all of the follovong criteria: Z1ic housing units are provided in a development consisting exclusively of housing for ven- lou, income, lower income or moderate income households; and 2. The housing units are constructed 'with at least 50 percent of the work performed by volunteers and/or households purchasing the housing; and 3. lice Director of the Planning and Building Department has determined that the home purchase financing provided will be affordable to the purchasing households for at least 30 %-cars. PSHH is currently proposing to amend CUP Condition #11 of Oak Grove II to include provisions similar to those that County has adopted. This would allow the deed restrictions on the two (2) very -low income lots to be lifted, provided that the project demonstrates affordability per the deed restriction exception. Prior to releasing either of the affordable deed restrictions, the applicant would need to demonstrate that at least two (2) units in the development have been sold to very -low income qualified buyers, or four (4) units have been sold to lower income qualified buyers, all at qualified affordable sale prices with USDA Section 502 mortgages. Evidence of income status would be provided to the City from the developer, and the City would remove the 30 -year covenant from title as each sale closes. ITEM NUMBER: 2 DATE: 10-4-11 Proposed Environmental Determination The proposed CUP Amendment is consistent with the Mitigated Negative Declaration which was prepared for the original project and certified by the Atascadero City Council in 2004. The proposed project amendments are minor in nature and will not create additional units, bedrooms, or environmental impacts. Conclusion The proposed project includes a request for Amendments to the Master Plan of Development (CUP) for the Oak Grove II development. The applicant has proposed revisions to the elevations of Lot 1 to removing architectural upgrades including the gable roof pop out and columns facing EI Camino Real. Staff has proposed an alternative option which includes keeping the pop out on the side. A Tree Removal Permit has also been submitted to remove a dead tree on Lot 6. The proposed changes to the affordable housing deed restriction requirement would be consistent with procedures used by San Luis Obispo County and appear appropriate for a "self-help" housing project. ALTERNATIVES: Draft Resolution PC 2010-0018 1. The Planning Commission may approve Draft Resolution PC 2010-0018 for the elevation amendments and tree removal with modified conditions of approval, or modified exhibits. 2. The Planning Commission may deny Draft Resolution PC 2010-0018 for the elevation amendments and tree removal based on appropriate findings. To deny the application, the Planning Commission must find that it is inconsistent with one of the required findings. 3. The Planning Commission may continue the issue of the elevation amendments and tree removal and refer the project back to staff for additional information or analysis. Direction should be given to staff and the applicant. Draft Resolution PC 2010-0019 1. The Planning Commission may recommend approval of Draft Resolution PC 2010-0018 with modifications. 2. The Planning Commission may recommend denial of Draft Resolution PC 2010- 0018. 3. The Planning Commission may continue the issue of the affordable housing requirements and refer the project back to staff for additional information or analysis. Direction should be given to staff and the applicant. ITEM NUMBER: 2 DATE: 10-4-11 ATTACHMENTS: 1. Zoning and Land Use Map 2. Letter from Applicant 3. Brochure on Peoples' Self Help Housing 4. Arborists Letter 5. 2004 CUP Approved Elevations 6. USDA Subsidy Repayment Agreement 7. Draft Resolution 2011-0018 (Elevations & Tree Removal) 8. Draft Resolution 2011-0019 (Affordable Housing Condition) iw RMF ITEM NUMBER: 2 DATE: 10-4-11 RSF. 1 : ► Oak ©v011'24 . a r L4 MI 110, Lo Oa Grove 1\ . RSA 1 PD -17 �... p kyr t - rj;_7 CITE' OF ATASCADIERO ITEM NUMBER DATE: February 17, 2011 Callie Taylor Associate Planner City of Atascadero 6907 El Camino Real Atascadero CA 93422 Re: Tract 2540 Affordability Agreement Dear Cants: 10-4-11 Peoples' Self -Help Housing Corporation (PSHHC) anticipates closing escrow on the 24 lots as soon as the site work is completed. The architect is revising the house plans to meet updated code requirements. Soon we will begin recruiting families to build their own homes. PSHHC works with the families to help them apply and qualify for the home loans and conducts a Home Buyer Education Program. We anticipate starting the first group of twelve homes in June or July 2011, followed by a second group of twelve in the early fall. Each family purchases their lot before construction begins. USDA funds the purchase and the construction costs. Generally there are also other non-profit or government lenders with silent second loans. The families and their friends will perform about 75% of the work to build their homes. Certain trades such as plumbing, electrical, drywall, stucco are performed by subcontractors. It generally takes the families about 12 months to complete their homes. USDA requires that all the borrowers in their 502 program be at 80% or below of median income and must intend to occupy the property as their primary residence. Certified USDA Loan Packagers on PSHHC staff pre - qualifies the families and submits the loan package to USDA. USDA has allowed the families to take title with the County Affordable Housing Agreement remaining on title with the understanding that when the low-income family completes the home and moves in, the Affordable Housing Agreement with resale restrictions will be removed from title. When the home is ready for occupancy, PSHHC staff submits a copy of the recorded USDA Deed of Trust and a certificate certifying that the owners are low-income. I trust that a similar process would work with the city of Atascadero. Based upon the square fact cost of other homes we have built, we anticipate that the homes will cost about $240,000 and be value at about $260,000. This is more than the county's maximum sales price for Lower Income Households ($158,0130 — 3 bedroom), but below the maximum limit for Moderate Income Households ($308,000). The homes are affordable to the low and very low income households due to the loan terms of the USDA mortgages and the silent second loans, and due to the reduction in costs attributed to the households sweat -equity. USDA has very strict repayment guidelines to ensure long term affordability. The maximum LTV ratio is 41 %. The maximum PITI ratio (Principle Interest Taxes Insurance & also includes HCA fees divided by monthly income). The payments vary with the household income and may be as low as a payment based on 1% interest. USDA collects income data from the household annually and adjusts the payment as income varies. The difference between the full note payment and the reduced payments is called 'Payment Assistance. The 3533 Emplea Street 26 E. Vii ona Street San Luis Obispo, CA 93401 Santa Barbara, CA 93101 Tel: (805) 781-3088 Tel (805) 961-5152 Fax:: (805) 544-1941 Fax: (80) 962-8152 E-mail: admin1§dshhc.o[g E-mail: abptrro$ t�shhC.org www.pshhc o q wAw.rrshhc o 4 ITEM NUMBER DATE: 10-4-11 • Page 2 February 17, 2011 Payment Assistance that has accrued during the life of the loan will be recaptured when the home is ultimately sold per the Recapture Agreement (copy attached). Also, in order to help families to qualify, silent loans, loans that do not require monthly payments, but are due upon sale or refinance, are often granted by various government or non-profit entities. Self -Help families stay in their homes much longer than the average family due to several reasons; 1) the families take pride in the high quality construction they themselves performed, 2) unless their incomes increase substantially, they cannot qualify for traditional mortgages, 3) The default rate on the USDA mortgages is almost null due to the initial strict affordability guidelines and the Home Buyer Educational curriculum, so the only families that lose their homes to foreclosure are among the few that refinance and take cash out. Occasionally, families do need to sell due to a divorce, job transfer or another reason. In near -by Templeton, 61% of the 41 homes in the Lone Oak subdivision built 20 years ago are still owned by the self-help builder. 56% of the 48 homes in the Harvest Meadows subdivision built 15 years ago are still owned by the self-help builder. As you discussed with Dana Lilley, Supervising Planner at the County of San Luis Obispo, the county believes that their exemptions to the Affordable Housing Agreement do not conflict with state law governing density bonus. Prior to adopting their ordinances, county staff conferred with HCD staff who agreed that USDA financed homes should be considered as affordable due to the provisions of USDA financing (33 and 38 year loans and deep subsidy recapture). I look forward to working with you to help 24 low-income families achieve their dream of homeownership. Sincerely, Sheryl Flore Homeownership Department Director >x N N f' . O N 2 E F_ o '0 JQ'T1E w V O m 0 c N :01O (] T 2 s O w�� Uj ` = �e E a=@0 " cn C to 0 2 C2. G1 z cn c� ^ea. V Rc) (L r J_ a LL Z d �5 C z m O u Q° O W c) 0- LL LL 0.9 cc Sw m z ITEM NUMBER: 2 DATE: 10-4-11 Li (`- Z= CIS NTl]} c E Q) Oo $40,500 U j 2 > > m 7 0 W Q i U] m CL Q 0 -:= �- m � 0 T i b r � f6 G7 e (] n �+ C N CL CO G7u c)v IT CD a U) 0 Ventura CIS NTl]} San Luis Obispo 1 o $43,500 $40,500 _ I4. $54,850 CLO 2 r Q _ $61,700 eG U] _ Q7 c" Cy $62,2540 0 -:= �- Ln NTm; h O G] ¢ U b r D fli 2 �0 (] C N CL 0 c)v IT CD cv rn 0LO _ SS Q. In w cC sa L SI') 0) O d Lu lf) amp 5 m M u') � Ll a+ 0 w� N cl)C) d m Q a x w+ O X co J -j u- *' N Cco W c4 cn o p Z7 2 ti 0 t t CL 3 wol County Ventura Santa Barbara San Luis Obispo 1 $48,000 $43,500 $40,500 2 $54,850 $49,800 $45,400 3 $61,700 $55,050 $52,200 4 $68,550 $62,2540 $58,000 5 $74,050 $67,250 $62,650 6 $79,500 $72,200 $67,300 ITEM NUMBER DATE: 10-4-11 O 0 aci c E Z) a t Ems ��° av rn�^cc @ Ca c =` ° ces o o Z ,°c_' V) v w•�a E Q '� z ° ,�-' mo IV m v� m w D o v � m Tv E o u n rn x a4i E! c� �F- E �� v E e m m a v@ a m �E2a .S °a7 �- 4N• aeL r pm Q` �. v, cim✓, CL E �c ami r c �a � m p �Z a s ° a�� Ca 3 O? to G U- O o -- 5 Q - L d y, T p O vj C C U N E O (� N Q X O 47 — aD _ O C (Y C J C F- C �, 0 0 E p• a1 a� u O ei,-an ° C? a "� a7 E w ° E 2 Q u e fQi CL w n � .c F- m [Y E o W m r— ` � 2 0 W U -6 3 ~ c umi O m � � cNp3 � 0 on ,o ru z'' e7 0 z ccv o -' Sp 2 p o w aa'i c a ' O o h e N o CO U 'C d C a � O- C@ 111 �_ V m X- 0 CNa N S? 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L a7 3 N 6L 32© w tr R5 al .52 W -o Q O w O° L O d 4Y � 2 m 3 @ 03_ ate, E D a,2 o T m - ° - o Za `r a E a w a o-1 �n � E xr� �@ �Z m LU o� �� 0 3.0 CLC) m3 Q o >, �t7�L 0r _� ao Y U=� m £ N ZL) Tm 5 p m fn v GET c � -Q a f/7 a- m dl - t". - �"�=_too Q N� cnv, nM-'"=vmo2S° d.0@ -Zm mru) TZ ~ 2 Et Co <"tE ' J am m a7� � c oy49m Q �N Q��riE W2Q t mm m -au a QE a 3 aN ZZ alp 21 _�o wo a saEro@ =7 a) 00o0E.Sw OTcQ) OQ �>.o �a 21 �5 a y mF- u u LL= T m rm rnsrr 3 ❑0z GO -2.8 N uLw- ° ITEM NUMBER DATE: 10-4-11 Attachment 4: Arborist's Letter Steve W1111aMS 0 PG Box 1295, Tem plelon, GA 93465 ♦ (805) 710-4000 ♦ (805) 441.1143 Steve Williams Carl fieri Arborist, WE-8257AUM C,+ertlfled tlfility Specialist, Gsrtif*d Municipal Specialist 10. Certified Treecare Safety F"rotessional, #155 Gertified tree Risk Assessor #1049 WE-8257AUM CTSP, #155 ,July 22, 2011 To whom it may concem: On July 20, 2011, 1 was asked by Sheryl Fiores of People's Self Help Housing to report on the condition of one Coast Live Oak (Quarcus agrifolia), located on tract 2640, Lot S, on Atalaya St., Atascadero, CA. The Coast LNe Oak measures 48" D.S.H. and is in severe decline. It is beyond repair of reciarnation. Massive past failures of rn9jor scaffold limbs are evident by large: wounds that have not healed, as well as, extensive decay/rot, Good arborieultur€ l practices dictate this tree should be removed and replaced. Regards, Steve Williams ITEM NUMBER: 2 DATE: 10-4-11 Attachment 5: Approved Elevations, Lot 1 (From CUP Resolution Exhibit) !tight Elevation Partial Rear !elevation Partial Front i lcvation ITEM NUMBER DATE: 10-4-11 Form RD 3550-12 'United States Department of Agriculture Form Approved (Rev. 9-06) Rural Housing Service OMB No. 0575-0172 SUBSIDY REPAYMENT AGREEMENT Only one agreement should be executed by the subject borrower for the subject property. The agreement is completed at the closing of the first Agency loan to the borrower regardless of whether or not they qualify for payment assistance at that time. 1. As required under section 521 of the Housing Act of 1949 (42 U.S.C. 1490a), subsidy received in accordance with a loan under section 502 of the Housing Act of 1549 is repayable to the Government upon the disposition or nonoccupancy of the security property. Deferred mortgage payments arc included as subsidy under this agreement. 2. When I fail to occupy or transfer title to my home, recapture is due. If I refinance or othcrwisc pay in full without transfer of title and continue to occupy the property, the amount of recapture will be calculated but; payment of recapture can be deferred, interest free, until the property is subsequently sold or vacated. If deferred, the Government mortgage can be subordinated but will not be released nor the promissory note satisfied until the Government is paid in full. in situations where deferment of recapture is an option, recapture will be discounted 25% if paid in full at time of settlement. 3. Calculating Original Equity. For Self -Help loans, the market value is the appraised value as determined at the time of Loan approval/obligation, which is subject to completion per plans and specifications. If the house is not ultimately furnished under the Self -Help program, an amended agreement using the market value definition for all other transactions as outlined below must be completed. For all other transactions, the market value is the lower of the: Saics price, construcdon/rchabi litation cost, or total of these costs, whichever is applicable OR Appraised value as determined at the time of loan approval/obligation. If the applicant owns the building site free and clear or if an existing non -Agency debt on the site without a dwelling will not be refinanced with Agency funds, the market value will be the lower of the appraised value or the construction cost plus the value of the site. Market value of property Iocated at: (Determined by dividing original equity by the market value) 4. If all loans are not subject to recapture, or if all loans subject to recapture are not being paid, the amount to be recaptured is computed according to the following formula. Divide the balance of loans subject to recapture that are being paid by the balance of all open loans. Multiply the result by 100 to determine the percent of the outstanding balance of open loans being paid. $ Less Prior Liens S Held by $ Held by Less Subordinate Affordable Housing Products $ Held by $ Ileld by Less Rural Development Single Family Housing Loans $ Equals Original Equity (If negative number use '7) 5 Percent of Original 'Equity $ % (Determined by dividing original equity by the market value) 4. If all loans are not subject to recapture, or if all loans subject to recapture are not being paid, the amount to be recaptured is computed according to the following formula. Divide the balance of loans subject to recapture that are being paid by the balance of all open loans. Multiply the result by 100 to determine the percent of the outstanding balance of open loans being paid. ITEM NUMBER: 2 DATE: 10-4-11 5, Average interest rate paid months loan 1.1 2.1 3.1 4.1 5.1 6A outstanding I % 2% 3% 4% 5% 6% 7% >711/. 0 - 59 .50 .50 '50 50 .44 .32 .22 .11 60 - 119 50 .50 '50 .49 .42 .31 .2t J] 120 - 179 .50 .50 .50 .48 .40 .30 .20 .10 180 239 .50 .50 A9 .42 .36 .26 j8 .09 240 299 �50 .50 .46 .38 .33 .24 .17 .09 300 359 .50 .45 .40 .34 19 .21 .14 .09 360 & up .47 A0 .36 .31 .26 .19 .13 .09 6. Calculating Recapture Current Markct value LESS Original amount of prior liens and subordinate affordable housing products, FJIS balance, Reasonable closing costs, Principal reduction at note rate, Original equity (see paragraph 3), and Capital improvements (see 7 CFR part 3550). EQUALS Appreciation value, (If this is a positive value, continue.) TIMES Percentage in paragraph 4 (if applicable), Percentage in paragraph 5, and Return on borrower's original equity (100% - percentage in paragraph 3). EQUALS Value appreciation subject to recapture. Recapture due equals the lesser of this figure or the amount of subsidy received. Borrower agrees to pay recapture in accordance with this agreement. Borrower Date Borrower Date ITEM NUMBER: 2 DATE: 10-4-11 Attachment 7: Draft Resolution PC 2011-0018: Approval of Tree Removal and Revised Exhibits DRAFT RESOLUTION PC 2011-0018 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING A TREE REMOVAL PERMIT AND ARCHITECTURAL AMENDMENT TO CUP 2004-0130 OAK GROVE II (1225 El Camino Real / Atalaya Street / People's Self Help Housing) WHEREAS, an application has been received from People's Self Help Housing (3533 Empleo St., San Luis Obispo, CA 93401), Owner and Applicant, to consider a project consisting of an Amendment to the Lot 1 exhibits, Amendment to the Affordable Housing Condition, and a Tree Removal Permit on Lot 6, at Oak Grove II, Atalaya Street; and, WHEREAS, the site's General Plan Designation is SFR -X (Single -Family Residential - X); and, WHEREAS, the site's Zoning District is RSF-X (Residential Single -Family -X) with a Planned Development 17 (PD -17) Overlay; and, WHEREAS, the Planned Development #17 requires the adoption of a Master Plan of Development in the form of a Conditional Use Permit, and specific Conditions of Approval are included in that Master Plan of Development; and, WHEREAS, the proposed Amendment is consistent with Mitigated Negative Declaration, which was prepared for the project in 2004 and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA) prior to being certified by City Council; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Conditional Use Permit Amendment application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Amendments; and, WHEREAS, the Atascadero Planning Commission, at a Public Hearing held on October 4, 2011, studied and considered the proposed project Amendments to CUP 2004-0130 and Tree Removal Permit, after first studying and considering the Certified Mitigated Negative Declaration prepared for the original project, and, ITEM NUMBER: 2 DATE: 10-4-11 NOW, THEREFORE BE IT RESOLVED, by the Planning Commission of the City of Atascadero: SECTION 1. FindinEs for Approval of Conditional Use Permit. The Planning Commission finds as follows: 1. The proposed project amendment or use is consistent with the General Plan and the City's Appearance Review Manual; and, 2. The proposed project amendment or use satisfies all applicable provisions of the Title (Zoning Ordinance) including the PD -17 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 amendment 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 amendment 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. 6. The Master Plan of Development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area; and 7. Benefits derived from the Master Plan of Development and PD overlay zone cannot be reasonably achieved through existing development standards or processing requirements; and, SECTION 2. Findings for Approval of Tree Removal. The Planning Commission finds as follows: ■ The tree is dead, diseased or injured beyond reclamation, as certified by a tree condition report from an Arborist ITEM NUMBER: 2 DATE: 10-4-11 SECTION 3. Approval of Lot 1 Changes and Tree Removal Permit. The Planning Commission of the City of Atascadero, in a regular session assembled on October 4, 2011, resolved to approve an Amendment to CUP 2004-0130 to change Lot 1 Exhibits, and approve a Tree Removal Permit for a dead tree on Lot 6 subject to the following Exhibits: Exhibit 1A: Staff recommendation: Lot 1: fence, landscape & architectural enhancements Exhibit 2A: Staff recommendation: architectural enhancement locations Or Exhibit 113: Applicant's Proposal: fence & architectural detail locations, Lot 1 Exhibit 213: Applicant's Proposal: Elevations Lot 1 Exhibit 3: Tree Removal Conditions & Mitigation On motion by Commissioner and seconded by Commissioner , the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: David Bentz Planning Commission Chairperson ATTEST: Warren M. Frace Planning Commission Secretary ITEM NUMBER: 2 DATE: 10-4-11 Exhibit 1A: Staff recommendation: Lot 1: fence, landscape & architectural enhancements idation: trees and !s in front n front of house grades & to remain of garage backyard of house hitectural elevation dow trim) ITEM NUMBER: 2 DATE: 10-4-11 Exhibit 2A: Staff recommendation: architectural enhancement locations Front Elevation stone veneer on front of garage to be installed Side Elevation Gable roof and column pop out facing EI Camino Real, stone veneer on side of garage, facing EI Camino Real and window trim in back to be installed Rear Elevation Eliminate stone veneer on back of garage, and window trim on rear elevation ITEM NUMBER: 2 DATE: 10-4-11 Exhibit 1B: Applicant's Proposal: fence & architectural detail locations, Lot 1 •oposal: emain on ide when t of fence elevation to remain p out and facing EI removed ipprox. 7' of house hitectural ind fence M q 14 MW "� ■v-, M tesla 1 01 ITEM NUMBER: 2 DATE: 10-4-11 Exhibit 2B: Applicant's Proposal: Elevations Lot 1 Front Elevation Include stone veneer on front of garage Side Elevation Facing EI Camino Real Include stone veneer only in front of fence line Include window trim on side elevation Rear Elevation Eliminate stone veneer on back of garage, and eliminate window trim on rear elevation nino Real ITEM NUMBER: 2 DATE: 10-4-11 Exhibit 3: Tree Removal Conditions and Mitigation Conditions of Approval for Tree Removal: The applicant shall either pay $400 into the tree mitigation fund or replant either (8), 5 -gallon native trees on-site, or combination of fees and replanting. Evergreen Native Trees (inches) Deciduous Native Trees (inches) Totals dbh notes dbh notes 1 48 -inches 1 Tota I 48 -inches Tota I 0 -inches 48 -inches Mitigation Requirement req'd tree replacements: 8 five gal trees I req'd tree replacements: 0 five gal trees _ — — — — Tree Fund Payment: $ 400.00 Tree Fund Payment: $ $ 400.00 ITEM NUMBER: 2 DATE: 10-4-11 Attachment 8: Draft Resolution PC 2011-0019: Recommendation to City Council DRAFT RESOLUTION PC 2011-0019 RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ATASCADERO, CALIFORNIA, RECOMMENDING THAT THE CITY COUNCIL APPROVE AN AMENDMENT TO CUP 2004-0130 TO CHANGE THE AFFORDABLE HOUSING CONDITION OF OAK GROVE II (1225 El Camino Real / Atalaya Street / People's Self Help Housing) WHEREAS, an application has been received from People's Self Help Housing (3533 Empleo St., San Luis Obispo, CA 93401), Owner and Applicant, to consider a project consisting of an Amendment to the Lot 1 exhibits, Amendment to the Affordable Housing Condition, and a Tree Removal Permit on Lot 6, at Oak Grove II, Atalaya Street; and, WHEREAS, the site's General Plan Designation is SFR -X (Single -Family Residential - X); and, WHEREAS, the site's Zoning District is RSF-X (Residential Single -Family -X) with a Planned Development 17 (PD -17) Overlay; and, WHEREAS, the Planned Development #17 requires the adoption of a Master Plan of Development in the form of a Conditional Use Permit, and specific Conditions of Approval are included in that Master Plan of Development; and, WHEREAS, the proposed Amendment is consistent with Mitigated Negative Declaration, which was prepared for the project in 2004 and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA) prior to being certified by City Council; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Conditional Use Permit Amendment application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Amendments; and, WHEREAS, the Atascadero Planning Commission, at a Public Hearing held on October 4, 2011, studied and considered the proposed project Amendments to CUP 2004-0130 and Tree Removal Permit, after first studying and considering the Certified Mitigated Negative Declaration prepared for the original project, and, ITEM NUMBER: 2 DATE: 10-4-11 NOW, THEREFORE BE IT RESOLVED, by the Planning Commission of the City of Atascadero: SECTION 1. FindinEs for Approval of Conditional Use Permit. The Planning Commission finds as follows: 2. The proposed project amendment or use is consistent with the General Plan and the City's Appearance Review Manual; and, 2. The proposed project amendment or use satisfies all applicable provisions of the Title (Zoning Ordinance) including the PD -17 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 amendment 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 amendment 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. 6. The Master Plan of Development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area; and 7. Benefits derived from the Master Plan of Development and PD overlay zone cannot be reasonably achieved through existing development standards or processing requirements; and, ITEM NUMBER: 2 DATE: 10-4-11 SECTION 2. Recommendation of Approval. The Planning Commission of the City of Atascadero, in a regular session assembled on October 4, 2011, resolved to recommend that the City Council adopt an Amendment to CUP 2004-0130 to change the affordable housing condition subject to the following: Amend CUP Condition #11 & TTM Condition #9 to state: fordable Housing Requirement: The applicant shall designate either 2 units as very - Existing low income or 4 units as low-income, deed -restricted for a 30 year period as follows in Conditionaccordance with the State Density Bonus Program provisions. Such units shall be located throughout the project and shall be subject to planning staff approval. Added with Amendmenr Exception to resale restriction: The Citv will release the 2 very -low income. or 4 low income 30 year recorded deed restrictions if the developer can demonstrate that the proiect meets the following criteria: • The proiect shall be developed as an entirely affordable proiect, consisting of a mix of very low, low, or moderate income units; • The housing units must be constructed with at least 50% of the work performed by volunteers and/or households purchasing the housing; • The applicant must demonstrate that the home purchase financing provided will be affordable to the purchasing household for at least 30 years. • At least 2 very -low income units, or 4 low income units shall be provided within the 24 unit proiect to meet the density bonus provisions. When the first very low income unit, or first two low income units are sold to qualified buyers, one of the very -low income deed restricted units shall be released by the City. When the second very -low income unit, or an additional two low income units are sold to qualified buyers, the second very -low income deed restricted unit shall be released by the City. ITEM NUMBER: 2 DATE: 10-4-11 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 on the following roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: David Bentz Planning Commission Chairperson ATTEST: Warren M. Frace Planning Commission Secretary